MENDOZA v. ALLAS
FACTS
Petitioner became part of the Bureau of Customs in 1972, and received promotions until he became Director III of the Customs Intelligence and Investigation Service. In 1993, he was temporarily designated as Acting District Collector, while respondent was temporarily appointed to take his old position. In 1994, a letter was sent to petitioner, stating that he is terminated from the services of the Bureau of Customs. He filed a petition for quo warranto against Allas, which the court granted. Allas appealed, but became moot and academic when Allas was appointed as Deputy Commissioner of Customs Assessment and Operations. When Mendoza filed for motion for execution of its decision, it was denied because Godofredo Olores was appointed to take his old position. CA affirmed the decision.
ISSUE
Whether or not a petition for quo warranto extends to the position claimed?
HELD
NO, a petition for quo warranto is a proceeding to determine the right of a person to use or exercise of a franchise or office and to oust the holder from its enjoyment, if his claim is not well-founded, or if he has forfeited his right to enjoy the privilege. A judgment in quo warranto does not bind the successor in office, even though the successor’s title comes from the same source. It is always directed to a person, in this case, Allas. Olores had never become part of the case; hence the decision cannot extend to him. Since Mendoza has reached the age of retirement, he cannot be reappointed. Neither can he claim from Allas his back wages, nor compel the Bureau of Customs to pay said back wages.
