Case Digest: DOCENA V. SANGGUNIANG PANLALAWIGAN OF EASTERN SAMAR

DOCENA V. SANGGUNIANG PANLALAWIGAN OF EASTERN SAMAR

FACTS:

The case arose when Luis B. Capito, who had been elected to and was serving as a member of the Sangguniang Panlalawigan of Eastern Samar (SPES) died in office and petitioner Agustin B. Docena was appointed to succeed him. The appointment was issued on November 19, 1990, by Secretary Luis T. Santos of the Department of Local Government. Docena took his oath of office before Speaker Ramon V. Mitra of the House of Representatives on November 22, 1990, and assumed office as member of the SPES on November 26, 1990. On November 27, 1990, private respondent Socrates B. Alar was appointed, also by Secretary Luis T. Santos, to the position already occupied by Docena. On December 18, 990, the SPES passed Resolution No. 75 recognizing Alar rather than Docena as the legitimate successor of the late Board Member Capito. The following day, the SPES was reversed by Secretary Santos. On January 8, 1991, SPES passed a resolution reiterating the appointment of Alar and declaring void the recall issued by Secretary Santos. Docena filed a petition for mandamus to compel the respondents (SPES) to recognize and admit him as a lawfully appointed member of the Sangguniang Panlalawigan of Eastern Samar.

ISSUE:

Whether Docena’s appointment was already complete?

HELD

YES. The said appointment had been accepted by Docena, who had in fact already assumed office as member of the SPES as per certification of the Provincial Secretary. For all legal intents and purposes, the petitioner’s appointment had already become complete and enforceable at the time it was supposed to have been “superseded” by the appointment in favor of Alar.  Docena’s appointment having been issued and accepted earlier, and the petitioner having already assumed office, he could not thereafter be just recalled and replaced to accommodate Alar. The appointment was permanent in nature, and for the unexpired portion of the deceased predecessor’s term. Docena had already acquired security of tenure in the position and could be removed therefrom only for any of the causes, and conformably to the procedure, prescribed by the Local Government Code. These requirements could not be circumvented by the simple process of recalling his appointment.

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