Menzon vs. Petilla Menzon vs. Petilla

MENZON VS.
PETILLA
1991 (Gutierrez)
(Gutierrez)
Facts:
• Because no Governor had been proclaimed in the province of Leyte, Secretary of
Local Government
Government Luis Santos designatdesignated
ed Vice-Gov
Vice-Governor
ernor Leopoldo Petilla
Petilla as Acting
Acting
Governor
Governor of Leyte.
Leyte. Petitione
Petitionerr Aurelio
Aurelio Menzon, a senior
senior member
member of the Sangguni
Sangguniang
ang
Panlalawigan, was designated by Secretary Luis Santos to act as the Vice-Governor for
the province of Leyte.
• Provinci
Provincial
al Administ
Administrator
rator Tente
Tente Quintero
Quintero inquired
inquired from the Undersec
Undersecreta
retary
ry of the
Department of Local Government, Jacinto Rubillar, on the legality of the appointment of
petitioner to act as Vice-Governor. Undersecretary Rubillar stated that the appointment
of petitioner as the temporary Vice- Governor is not necessary since the Vice-Governor
who is temporarily performing the functions of the Governor, could concurrently assume
the functions of both offices.
• The Sangguniang Panlalawigan in a special session issued Resolution No. 505 where
it held invalid the appointment of the petitioner as acting Vice-Governor
Vice-Governor of Leyte.
• Undersecretary Rubillar explained his opinion: “the peculiar situation in the Province
of Leyte, where the electoral controversy in the Office of the Governor has not yet been
settled, calls for the designation of the Sangguniang Member to act as vice-governor
temporarily.”
• The Acting Governor
Governor and the Sangguniang
Sangguniang Panlalawiga
Panlalawigann refused to correct
correct Resolution
Resolution
No. 505 and to pay the petiti petitione
onerr the emolumen
emoluments ts attac
attached
hed to the Office
Office of Vice-
Vice-
Governor.
• The petitioner filed before the SC a petition for certiorari and mandamus and sought
the nullification of Resolution No. 505 and payment of his salary for his services as the
acting Vice-Governor of Leyte.
• Adelina Larrazabal
Larrazabal was proclaimed the Governor of the province of Leyte.
• The provincial treasurer
treasurer of Leyte allowed the payment to the petitioner of his salary
as acting Vice-Governor.
Vice-Governor.
• Supreme Court dismissed the petition filed by the petitioner.
• Respondent Petilla requested Governor Larrazabal
Larrazabal to direct the petitioner to pay back
to the province of Leyte all emoluments and compensation which he received while
acting as the Vice-Governor.
Vice-Governor.
• The petitioner filed a motion for reconsideration and prayed that the Supreme Court
uphold his right to receive the salary and emoluments attached to the office of the Vice-
Governor while he was acting as such.
Issues:
1) Whether or not there was a vacancy? YES
2) Whether or not the Secretary of Local Government has the authority to make temporary
appointments? YES
Held:
1. Petilla's automatic assumption
assumption to the acting Governorship resulted in a vacancy in the
office of Vice-Governor.
Vice-Governor.
• Law on Public Officers: There is no vacancy when the office is occupied by a legally
qualified incumbent. There is a vacancy when there is no person lawfully authorized to

assume and exercise the duties of the office .
• The office of the Vice-Govern
Vice-Governor
or was left vacant
vacant when the elected Vice-Governo
Vice-Governo Petilla
Petilla was
appointed Acting Governor. The office to which he was elected was left barren of a
legally qualified person to exercise the duties of the office of the Vice-Governor.
Vice-Governor.
• There is no satisfactory
satisfactory showing
showing that Petilla
Petilla continued to simultaneously
simultaneously exercise the
duties of the Vice-Governor. The nature of the duties of a Provincial Governor calls for a
full-time occupant to discharge them. More so when the vacancy is for an extended
period.
• The fact that the
the Secretary of Local Government
Government was prompted
prompted to appoint the petitioner
shows the need to fill up the position during the period it was vacant. The Department
Secretary had the discretion to ascertain
ascertain whether or not the Provincial Governor should
devote all his time to that particular
particular office.
2. SC declared valid the temporary appointment extended to the petitioner to act as the
Vice-Governor.
• Under the circumstances of this case and the silence of the Local Government Code, in
order to obviate the dilemma resulting from an interregnum created by the vacancy, the
President, acting through her alter ego, the Secretary of Local Government, may remedy
the situation. The exigencies of public service demanded nothing less than the
immediate appointment of an acting Vice-Governor.
Vice-Governor.
• Commonwealth Act No. 588 and Revised Administrative Code of 1987: The President is
empowered to make temporary appointments in certain public offices, in case of any

vacancy that may occur. In the absence of any contrary provision in the Local
Government Code and in the best interest of public service, the procedure in the two
laws may be similarly applied in the present case.
• Section 49, LGC: In case a permanent vacancy arises when a Vice-Governor assumes the
Office of the Governor, . . . refuses to assume office, fails to qualify, dies, is removed
from office, voluntary resigns or is otherwise permanently incapacitated
incapacitated to discharge the
functions of his office the sangguniang panlalawigan
panlalawigan . . . member who obtained the
highest number of votes in the election immediate
immediately
ly preceding, . . . shall assume the
office for the unexpired term of the Vice-Governor.
Vice-Governor.
• The mode of succession
succession for permanent
permanent vacancies
vacancies may be observed in a temporary
vacancy in the same office. There was a need to fill the vacancy. The petitioner is the
member of the Sangguniang Panlalawigan
Panlalawigan with the highest number of votes. The
Department Secretary acted correctly in extending the temporary appointment.
The COURT GRANTS

GRANTS the motion.
motion. The additional
additional compensation which
which the petitioner
petitioner has
received shall be considered as payment for actual services rendered as acting Vice-
Governor and may be retained by him.

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MENZON VS.

qualified incumbent. There is a vacancy when there is no person lawfully authorized to

empowered to make temporary appointments in certain public offices, in case of any

The COURT GRANTS

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