Scribd Logo
Upload

Welcome to Scribd!

  • 154 views

    Jose Laxamana Vs Jose Balatazar

    Uploaded by

    John Kelly Remolazo
    This case summary discusses a quo warranto petition filed regarding a mayoral appointment. The mayor was suspended and the vice mayor assumed the office of mayor per Section 2195 of the Revised Administrative Code. However, the governor then appointed someone else as mayor. The court ruled that Section 2195 should be interpreted contemporaneously, meaning the vice mayor properly assumed the role of mayor when the original mayor was suspended. As such, the quo warranto petition was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Jose Laxamana Vs Jose Balatazar

    Uploaded by

    John Kelly Remolazo
    154 views1 page
    This case summary discusses a quo warranto petition filed regarding a mayoral appointment. The mayor was suspended and the vice mayor assumed the office of mayor per Section 2195 of the Revised Administrative Code. However, the governor then appointed someone else as mayor. The court ruled that Section 2195 should be interpreted contemporaneously, meaning the vice mayor properly assumed the role of mayor when the original mayor was suspended. As such, the quo warranto petition was dismissed.

    Original Title

    Jose Laxamana vs Jose Balatazar

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case summary discusses a quo warranto petition filed regarding a mayoral appointment. The mayor was suspended and the vice mayor assumed the office of mayor per Section 2195 of the Revised Administrative Code. However, the governor then appointed someone else as mayor. The court ruled that Section 2195 should be interpreted contemporaneously, meaning the vice mayor properly assumed the role of mayor when the original mayor was suspended. As such, the quo warranto petition was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    154 views1 page

    Jose Laxamana Vs Jose Balatazar

    Uploaded by

    John Kelly Remolazo
    This case summary discusses a quo warranto petition filed regarding a mayoral appointment. The mayor was suspended and the vice mayor assumed the office of mayor per Section 2195 of the Revised Administrative Code. However, the governor then appointed someone else as mayor. The court ruled that Section 2195 should be interpreted contemporaneously, meaning the vice mayor properly assumed the role of mayor when the original mayor was suspended. As such, the quo warranto petition was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    College of Law Saint Mary’s University

    Jose Laxamana vs Jose Balatazar


    GR No. L-5955 September 19, 1952
    Ponente

    Facts: The mayor was suspended and vice mayor Jose T. Balatazar assumed the
    office of mayor by virtue of Section 2195 of Revised Administrative Code, the
    governor appointed Jose L. Laxamana as mayor.
    Issue/s: W/N Section 2195 of Revised Administrative Code is constructed
    contemporaneously.

    Ruling: In fact even after the Revised Election Code was enacted, the Department
    of the Interior and the office of executive Secretary who are charged with the
    supervision of provincial and municipal governments have "consistently held that
    in case of the suspension or other temporary disability of the mayor, the vice-
    mayor shall, by operation of law, assume the office of the mayor, and if the vice-
    mayor is not available, the said office shall be discharged by the first councilor."
    (Annex 5 of the answer.)

    Needless to say, the contemporaneous construction placed upon the statute by the
    executive officers charged with its execution deserves great weight in the courts.

    Consequently, it is our ruling that when the mayor of a municipality is suspended,


    absent or temporarily unable, his duties should be discharged by the vice-mayor in
    accordance with sec. 2195 of the Revised Administrative Code.

    This quo warranto petition is dismissed with costs. So ordered.

    John Kelly Case Digest


    Remolazo

    You might also like