EN BANC
[G.R. No. L-21122. June 23, 1966.]
CELESTINO E. ESUERTE, MARIA BITOY, HONORATO LUCERO, and ANATALIO BARCENA, Petitioners, v. HON. MACAPANTON ABBAS, in his capacity as Presiding Judge, Sala II Court of First Instance of Davao, HON. SALVADOR R. MARIÑO, DELFIN JAMPAYAS, ET AL., Respondents.
Aportadera & Palabrica, for Petitioners.
Solicitor General Arturo A. Alafriz, Assistant Solicitor General A. G. Ibarra and Solicitor B. P. Pardo, for Respondents.
SYLLABUS
1. PUBLIC OFFICERS; APPOINTMENTS; MIDNIGHT APPOINTMENTS; CASE AT BAR. — In L-23301 (Escuerte, Et. Al. v. Jampayas, Et. Al.) prom. Feb. 28, 1966, the ad interim appointments of petitioners Escuerte, Et Al., extended by President Garcia on December 29, 1961, were declared part of the "midnight" appointments covered by the ruling laid down in the Aytona v. Castillo case (L-19313, January 19, 1962). In effect, therefore, the designations by President Macapagal of respondents Jampayas, Et Al., to the disputed positions were upheld. Held: In view of the resolution of the controversy in the main case, the issue in the present action, which is merely an accident in the main case, has become moot and academic.
D E C I S I O N
BARRERA, J.:
This is an original petition for certiorari to question the correctness of the order of the Court of First Instance of Davao, denying petitioner’s motion for the issuance of a writ of preliminary injunction in Special Civil Case No. 3950 of said court.
Following the designation by President Macapagal, on January 25, 1963, of Delfin Jampayas, as Acting Mayor, Eulogio Viajedor, as Acting Vice-mayor, Antonio Macadangdang, Demetrio B. Hechanova, Ricardo Bitoy, and Francisco Esquerdo, as Acting Councilors of the municipality of Mawab, province of Davao, Celestino Esuerte, Maria Bitoy, Honorato Lucero, and Anatolio Barcena, who were extended ad interim appointments by President Garcia on December 29, 1961, 1 instituted prohibition and quo warranto proceedings in the Court of First Instance of Davao (Sp. Civ. Case No. 3950) to declare them (petitioners) lawfully entitled to the positions. As the court denied their prayer for a writ of preliminary injunction, to restrain respondents from entering the discharge of the functions of the offices, petitioners filed the instant action. It is here claimed that as rightful occupants of the disputed positions, they are entitled not only to the salaries attached thereto, but also to the peaceful, continuous, and uninterrupted exercise of the regular duties and functions of the office.
This petition was given due course in this Court, but no writ of preliminary injunction was issued. Thus, the trial of the main case (Sp. Civ. Case To. 3950) continued and on November 26, 1963, the court a quo rendered a decision dismissing the petition. Therein petitioners brought the case on appeal to this Court (G.R. No. L-23301).
In our decision of February 28, 1966 (in G.R. No. L-23301, Esuerte Et. Al. v. Jampayas Et. Al.), the ad-interim appointments of petitioners Esuerte, Et Al., extended by President Garcia on December 29, 1961 were declared part of the "midnight" appointments covered by the ruling laid down in the Aytona v. Castillo 2 case. In effect, therefore, the designations by President Macapagal of respondents Jampayas, Et. Al. to the disputed positions were upheld. In view of our resolution of the controversy in the main case, the issue in the present action, which is merely an incident in the main case, has become moot and academic.
WHEREFORE, this petition is hereby dismissed, without costs. So ordered.
Concepcion, C.J., J.B.L. Reyes, Regala, Makalintal, J.P. Bengzon, Zaldivar and Sanchez, JJ., concur.
Dizon, J., on leave, took no part.
Following the designation by President Macapagal, on January 25, 1963, of Delfin Jampayas, as Acting Mayor, Eulogio Viajedor, as Acting Vice-mayor, Antonio Macadangdang, Demetrio B. Hechanova, Ricardo Bitoy, and Francisco Esquerdo, as Acting Councilors of the municipality of Mawab, province of Davao, Celestino Esuerte, Maria Bitoy, Honorato Lucero, and Anatolio Barcena, who were extended ad interim appointments by President Garcia on December 29, 1961, 1 instituted prohibition and quo warranto proceedings in the Court of First Instance of Davao (Sp. Civ. Case No. 3950) to declare them (petitioners) lawfully entitled to the positions. As the court denied their prayer for a writ of preliminary injunction, to restrain respondents from entering the discharge of the functions of the offices, petitioners filed the instant action. It is here claimed that as rightful occupants of the disputed positions, they are entitled not only to the salaries attached thereto, but also to the peaceful, continuous, and uninterrupted exercise of the regular duties and functions of the office.
This petition was given due course in this Court, but no writ of preliminary injunction was issued. Thus, the trial of the main case (Sp. Civ. Case To. 3950) continued and on November 26, 1963, the court a quo rendered a decision dismissing the petition. Therein petitioners brought the case on appeal to this Court (G.R. No. L-23301).
In our decision of February 28, 1966 (in G.R. No. L-23301, Esuerte Et. Al. v. Jampayas Et. Al.), the ad-interim appointments of petitioners Esuerte, Et Al., extended by President Garcia on December 29, 1961 were declared part of the "midnight" appointments covered by the ruling laid down in the Aytona v. Castillo 2 case. In effect, therefore, the designations by President Macapagal of respondents Jampayas, Et. Al. to the disputed positions were upheld. In view of our resolution of the controversy in the main case, the issue in the present action, which is merely an incident in the main case, has become moot and academic.
WHEREFORE, this petition is hereby dismissed, without costs. So ordered.
Concepcion, C.J., J.B.L. Reyes, Regala, Makalintal, J.P. Bengzon, Zaldivar and Sanchez, JJ., concur.
Dizon, J., on leave, took no part.
Endnotes:
1. Esuerte, as Mayor, Bitoy as Vice-Mayor, and Lucero and Barcena as Councilors of the same Municipality.
2. G.R. No. L-19313, Jan. 19, 1962.
