Jover v. Borra
REITERATIONFacts
The Antecedents: Petitioner Dominador Jover was appointed Mayor of Iloilo City on February 9, 1953, and his appointment was confirmed by the Commission on Appointments on March 23, 1953. On June 28, 1953, petitioner was advised by the Secretary to the President, via telegram and letter dated June 27, 1953, that he was relieved from his office as Mayor, and respondent Juan Borra was designated as Acting Mayor in his stead. Respondent Borra was designated as Acting Mayor by the President of the Philippines on June 27, 1953, and took his oath of office. Procedural History: The case was brought as a quo warranto proceeding to test the legality of petitioner's removal and respondent's designation. The Petition: Petitioner claims that under the charter of Iloilo City, his tenure of office is six years, and he can only be removed for cause. Respondent contends that the office of Mayor is policy-determining and primarily confidential, thus removable at the pleasure of the President, and that any statute to the contrary infringes upon the President's constitutional prerogative.
Issue(s)
Whether the President may remove the Mayor of Iloilo City at pleasure. Whether the office of Mayor of Iloilo City is policy-determining or primarily confidential. Whether the provision of law fixing the tenure of the Mayor of Iloilo City is constitutional.
Ruling
The petition is granted. The removal of the petitioner from the office of Mayor of Iloilo City is declared illegal and unauthorized. The designation of the respondent as Acting Mayor is consequently without legal basis.
Ratio Decidendi
On the issue of removal at pleasure: The Court held that the President cannot remove the petitioner at pleasure. The legislative department, through Commonwealth Act No. 158, as amended by Republic Act No. 276, fixed the tenure of the Mayor of Iloilo City at six years. This act of fixing a definite term of office is a valid and constitutional exercise of legislative power. The existence of a defined term of office inherently negates the power of arbitrary removal, implying that the incumbent shall hold office to the end of the term, subject to removal only for cause provided by law. The Court cited Lacson vs. Roque to emphasize that fixity of tenure destroys the power of removal at pleasure otherwise incident to the appointing power, especially for officers with a definite term. On whether the office is policy-determining or primarily confidential: While the respondent argued that the office of Mayor is policy-determining and primarily confidential, and thus removable at pleasure, the Court found it unnecessary to decide this point. Even granting that the office falls under the exception to the civil service rule, the constitutional provision cited by the respondent only exempts such positions from the requirement of appointment based on merit and fitness determined by competitive examination. It does not grant the President the power to remove incumbents of these positions at pleasure. The constitutional provision regarding appointments does not explicitly state that officers appointed under the exception are removable at pleasure. On the constitutionality of the fixed tenure: The Court affirmed the constitutionality of the provision in Commonwealth Act No. 158, as amended, which fixes the tenure of the Mayor of Iloilo City at six years. The power to fix the term of office for city mayors is vested in the legislative department (Congress). The Court inferred legislative intent to provide a fixed tenure for the Mayor of Iloilo City, distinguishing it from the 'at pleasure' tenures of Vice-Mayors and Mayors of other cities, which were explicitly provided for in other amendatory acts. The continued unchanged provision for a fixed period despite subsequent amendments further supports this legislative intent. The President's power of general supervision over local governments, as provided by law, does not grant him the authority to remove an officer with a fixed tenure without cause.
Main Doctrine
The President cannot remove an officer with a fixed tenure, such as the Mayor of Iloilo City as provided by law, at pleasure, without cause. The legislative department's act of fixing a tenure of office negates the power of arbitrary removal.