JAVIER V. REYES
FACTS:
Javier was appointed chief of police in Malolos by Mayor Aldaba. He already took oath and discharged his functions as chief of police. However, the municipal mayor was assumed by Reyes, who recalled his appointed. Reyes even illegally ousted Javier and replaced him with Clements. Javier took this up in CSC. It appears that there were already 2 appointments for the chief of police Javier and Bernardo. The CSC ruled that Javier should be the one appointed, as Bernardo was not confirmed by the counsel of Malolos. But Reyes still refused to instill Javier in the position.
ISSUE:
Whether Javier should prevail as chief of police?
HELD:
YES. Javier should be chief of police. He already took oath and performed the functions of his office. This amounts to acceptance by Javier. Javier acted immediately when his position was taken and filed a mandamus suit, this also amounts to acceptance. On the other hand, Bernardo never assumed office. He did not even contested Javier’s right to the position. His motion to intervene in court was way too late. It seems that there was no acceptance of appointment for his part. Acceptance is important in appointments. It is what makes the appointments complete.
