Barte v. Dichoso
REITERATIONFacts
The Antecedents: Petitioner Manuel R. Barte was designated Acting Vice-Mayor of Naga City under Commonwealth Act No. 588. His initial ad interim appointment was bypassed by Congress. Subsequently, President Marcos issued a new designation on April 4, 1966. The session of Congress adjourned on May 19, 1966. The Assistant Executive Secretary informed the City Treasurer and Auditor that Barte's appointment was deemed bypassed and terminated as of January 22, 1966, and later reiterated that his acts as Vice-Mayor after May 19, 1966, were illegal. Procedural History: The City Treasurer refused to pay Barte's salary after May 19, 1966. Despite favorable opinions from the City Fiscal and Division Auditor, the Auditor General's office was involved. After eight months without action on his claim, Barte filed a mandamus suit to compel payment. The lower court ruled in favor of Barte, declaring his appointment valid and subsisting. The Petition: Respondents appealed the lower court's decision, arguing that Commonwealth Act No. 588 limits temporary designations to the adjournment of Congress and that Barte failed to exhaust administrative remedies.
Issue(s)
Whether the temporary designation of petitioner as Acting Vice-Mayor under Commonwealth Act No. 588 continued to be valid after the adjournment of Congress. Whether petitioner exhausted all available administrative remedies before filing the mandamus suit.
Ruling
The Supreme Court reversed the lower court's decision, dismissing the petition for mandamus. It held that the designation was only valid until the adjournment of Congress and that administrative remedies were not exhausted.
Ratio Decidendi
On the validity of the designation: The Court held that Commonwealth Act No. 588 expressly limits the duration of temporary designations made by the President to the period until the adjournment of the regular session of the National Assembly (now Congress). The statute uses emphatic negative language, stating that such designations "shall in no case continue beyond the date of the adjournment of the regular session of the National Assembly next following such designation." Even ad interim appointments, which are permanent in character, cease upon adjournment. The petitioner's initial ad interim appointment was bypassed, and his subsequent designation was made under Commonwealth Act No. 588, making its limitations applicable. The Court noted that the petitioner was repeatedly informed by the Assistant Executive Secretary that his designation had ceased upon the adjournment of Congress on May 19, 1966, and that a new designation was under consideration. Continuing to act as Vice-Mayor after this date, without a new valid designation, meant he had no legal claim to the office or its salary. On the exhaustion of administrative remedies: The Court agreed with the respondents that the petitioner failed to exhaust administrative remedies. The petitioner had filed his claim for salary with the City Auditor, which was indorsed to the Division Auditor and then to the Auditor General. However, instead of awaiting the decision of the Auditor General, from which he could have appealed to the President or this Court, he filed the instant complaint. The Court reiterated the well-settled doctrine that administrative remedies must be exhausted before resorting to judicial action, citing several cases. The exceptions to this rule were not applicable to the present case. Therefore, the judicial recourse was premature.
Main Doctrine
A temporary designation made by the President under Commonwealth Act No. 588 is effective only until the adjournment of the regular session of Congress, and an appointee continuing to act beyond this period without a new valid designation has no legal claim to the office or its emoluments. Furthermore, administrative remedies must be exhausted before resorting to judicial action.