G.R. No. 74720 Case Digest

G.R. No. 74720 August 31, 1987

Roberto Ignacio, petitioner

vs Leoncio Banate, Jr., HOn. Aquilino Pimentel, in his capacity as Minister of Local Governments and Community Development and the City Treasurer of Roxas City, respondents

Ponente: Gutierrez, Jr.

Facts:

This is a petition for quo warranto and prohibition with prayer for preliminary and temporary restraining order seeks to nullify the appointment or designation of private respondent Leoncio Banate, Jr. as member of Sangguniang Panlungsod of Roxas City.

Ignacio was elected Brgy. Captain of Tanza, Roxas City on May 17, 1982 for a term of 6 years. Then he was elected as president of association of Brgy. Councils in accordance with the Local Government Code and IRR of Katipunan. By this virtue, he was appointed a member of the sangguniang Panlungsod of Roxas City by President Marcos. Pimentel designated Banate as replacement of Ignacio as member of the Sangguniang Panlungsod of Roxas City as replacement of Ignacio.

Ignacio contends that Banate is not qualified to be member of Sangguniang Panlungsod to replace him as representative of Katipunan ng mga Barangay of Roxas City because his membership in the city council is governed by the local government code which provides that: Sec. 173. Composition and Compensation. — (l) sangguniang panlungsod as the legislative body of the city, shall be composed of the vice-mayor, as presiding officer, the elected sangguniang panlungsod members, and the members who may be appointed by the President of the Philippines consisting of the presidents of the katipunan panlungsod ng mga barangay and the kabataang barangay city federation.

According to Ignacio, his appointment as member of Sangguniang Panlungsod was by virtue of his having been elected by the Katipunan Panlungsod ng mga Barangay while Banate is not an officer and has not been elected for any position. He further argues that Pimentel's appointment is invalid considering that LGC provides that only the President of the Philippines can do the appointment for such office. He claims that this appointment poser cannot be delegated to minister for this is strictly personal act ordain to be performed by the President alone.

Solicitor General countered that: that the petitioner, as an appointive local government official who assumed office under the 1973 Constitution, is covered by the provisions of Section 2, Article III of Proclamation No. 3 issued by President Corazon C. Aquino, which provides that "All elective and appointive officials and employees under the 1973 Constitution shall continue in office until otherwise provided by proclamation or executive order or upon the designation or appointment and qualification of their successors, if such is made within a period of one year from February 25, 1986."

With respect to the argument of the petitioner that the appointing power of the President of the Philippines cannot be delegated to Minister Pimentel, the Solicitor General replied that under the provisions of Section 2, Article III of Proclamation No. 3, dated March 25, 1986, issued by President Corazon C. Aquino, otherwise known as the Provisional Constitution, the power to delegate or appoint officers-in-charge in replacement of local government officials by then Minister Aquilino Pimentel, Jr., as alter ego of the President of the Philippines, has been upheld by this Court in several cases.

Held:

Petition is meritorious. Minister Pimentel is the alter ego of the President in appointing a public officer, his appointment has been upheld. However, the appointee to a sangguninang Panlungsod must meet the qualifications required by law of which Banate didn't have.