Ubaldo v. Bisco
REITERATIONFacts
The Antecedents: Rafael Gata was elected municipal president of Matnog, Sorsogon, in June 1934 but was murdered before assuming office. The incumbent, Paterno Bisco, continued to hold the position. Procedural History: The provincial board of Sorsogon, acting on resolution No. 322, initially appointed Jose A.F. Ubaldo as municipal president on October 17, 1934. This appointment lacked the requisite decision from the Secretary of the Interior regarding whether the vacancy should be filled by appointment or special election. Subsequently, on December 24, 1934, the Secretary of the Interior decided that an appointment was advisable and authorized the provincial board to appoint a successor from the party of the deceased. Based on this, the provincial board again appointed Ubaldo on November 12, 1934. However, the Secretary of the Interior annulled both appointments, declaring them illegal, and directed the provincial board to appoint Paterno Bisco, who was to continue in office in the interim. The Appeal: Jose A.F. Ubaldo filed a complaint asserting his right to the office based on his appointment. Paterno Bisco contended that he had a right to continue holding office until his successor was duly elected or appointed, citing Section 2177 of the Administrative Code, and alleged that Ubaldo did not belong to the deceased's political faction. The trial court ruled in favor of Ubaldo, declaring his appointment valid and ousting Bisco. Bisco appealed, assigning errors related to the trial court's finding that the Department of the Interior exceeded its powers in annulling Ubaldo's appointment and in holding Ubaldo entitled to the office.
Issue(s)
Whether the Secretary of the Interior has the authority to annul an appointment made by a provincial board to fill a vacancy in the office of municipal president, pursuant to Section 2180(c) of the Revised Administrative Code. Whether the trial court erred in holding that the Department of the Interior exceeded its powers in annulling the appointment of Jose A.F. Ubaldo.
Ruling
The Supreme Court affirmed the decision of the trial court. It held that the Secretary of the Interior exceeded his powers in annulling the appointment made by the provincial board in favor of Jose A.F. Ubaldo. Consequently, Jose A.F. Ubaldo was declared entitled to hold the office of municipal president of Matnog, Sorsogon, and Paterno Bisco was ordered to be ousted and removed from the said office.
Ratio Decidendi
On Issue 1: The Supreme Court held that the Secretary of the Interior's authority under Section 2180(c) of the Revised Administrative Code is limited to deciding whether a vacancy in a municipal office should be filled by appointment by the provincial board or by special election. The law does not grant the Secretary the power to propose or dictate the person to be appointed. The essence of appointment lies in the choice of the person, which is a discretionary act. Therefore, the power to appoint, lodged in the provincial board by law, cannot be annulled by the Secretary of the Interior, as this would usurp the provincial board's discretionary power. The Secretary's power of control and supervision must be exercised in accordance with law and cannot extend to annulling a valid appointment made within the provincial board's legal authority. On Issue 2: The Court found no error in the trial court's holding that the Department of the Interior exceeded its powers. The Secretary of the Interior's actions in annulling the appointment of Jose A.F. Ubaldo and requiring the appointment of Paterno Bisco were deemed to be without legal authority. The Court reiterated that while the Secretary exercises general supervision and control, this power is circumscribed by statutory provisions. The policy guidelines issued by the Department of the Interior, even if sanctioned by the Governor-General, serve as guides but cannot curtail the discretionary power vested in the provincial board by law. Annulling a valid appointment made by the provincial board would contravene the spirit of Section 2180(c) and the inherent nature of the power to appoint.
Main Doctrine
The Secretary of the Interior's power of supervision and control over provincial and municipal governments, as granted by law, does not extend to annulling appointments made by a provincial board in accordance with Section 2180(c) of the Revised Administrative Code. The selection of a person to fill a vacant office is the essence of appointment, requiring discretion, and this discretionary power, when vested in the provincial board by statute, cannot be overridden by the Secretary of the Interior. Therefore, any attempt by the Secretary to annul such an appointment or dictate the appointee is an act without legal authority.