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GENEROSO R. SEVILLA v. CA

FACTS:

The petitioner, Generoso Sevilla, had been in the government service since 1949 and was appointed as Assistant City Engineer of Palayan City. He was later designated as Acting City Engineer of Cabanatuan City by President Ferdinand E. Marcos. Sevilla assumed the position and performed its duties until the "People Power" and EDSA Revolution took place. Following these events, changes were made in the Career Civil Service.

On August 18, 1986, the Officer-in-charge (OIC) Mayor of Cabanatuan City appointed Nerito Santos as the city engineer. Santos assumed the position on August 28, 1986, and a memorandum was sent to petitioner Sevilla on the same day, informing him of Santos' appointment. Sevilla received the memorandum through Anita de Guzman, the administrative officer of the Department of Public Works and Highways (DPWH) Office of Cabanatuan City, while he was on leave.

A few months later, on November 14, 1986, Sevilla was appointed as Acting District Engineer of Pasay City by Minister Rogaciano Mercado. However, he was later removed from the position on February 3, 1987, by the new DPWH Secretary. Subsequently, Sevilla returned to Cabanatuan City and filed a petition for quo warranto against Santos on March 27, 1987, seeking reinstatement as the rightful holder of the position. The Regional Trial Court of Cabanatuan City, Branch 27, rendered a decision on January 29, 1988, where the petition was granted and Sevilla was declared as the lawful holder of the position.

ISSUES:

  1. Can an officer appointed in an "acting" capacity bring a quo warranto action against the permanent appointee to the position?

  2. Was the removal of petitioner Sevilla from his position as acting District Engineer of Pasay City legal?

RULING:

  1. Yes, an officer appointed in an "acting" capacity can bring a quo warranto action against the permanent appointee to the position. The court ruled in favor of petitioner Sevilla and declared that respondent Santos was unlawfully holding the position of City Engineer. The court also declared petitioner Sevilla as the person lawfully entitled to hold the position.

  2. The court did not directly rule on the legality of the removal of petitioner Sevilla from his position as acting District Engineer of Pasay City. The court's decision only focused on the quo warranto petition in relation to the position of City Engineer in Cabanatuan City.

PRINCIPLES:

  • An officer appointed in an "acting" capacity can bring a quo warranto action against the permanent appointee to the position.

  • A permanent appointee who is unlawfully holding a position can be removed through a quo warranto petition.