Vivencio Alajar vs Alba & Judge Evangelista

on November 4, 2011

Political Law Control Power Removal of Appointed LGU officials RA 603 created the City of Roxas !ec " thereof #rovides that the vice $ayor shall be a##ointed by the #resident %ursuant t the la&' Alba &as a##ointed as the $ayor (ater on' the #resident sent co$$unication to Alba telling hi$ that he &ill be re#laced by a ne& a##ointee' Alajar Alajar &as then declared as the acting $ayor Alba refused to leave his #ost and he a##ealed his case before the Judge Evangelista &ho ruled in favor of hi$ Alajar then co$#lained Alba argued that section )*+* of the RAC &,c #rovides- . A##oint$ent of City /fficials 0 1he %resident of the %hili##ines shall a##oint' &ith the consent of the Co$$ission on A##oint$ents of the Congress of the %hili##ines' the $ayor' the vice2 $ayor and he $ay RE3/VE at #leasure any of the said officers 4' has been declared inco$#atible

&ith the constitutional inhibition that .no officer or e$#loyee in the Civil !ervice shall be re$oved or sus#ended exce#t for cause as #rovided by la&4' because the t&o #rovisions are $utually re#ugnant and absolutely irreconciliable ISSUE: 5hether or not Alba can be re$oved by the #resident u#on dis#leasure HELD: 1he 6uestion is &hether an officer a##ointed for a definite ti$e or during good behavior' had any vested interest or contract right in his office' of &hich Congress could not de#rive hi$ 1he 6uestion is not novel 1here see$s to be but little difficulty in deciding that there &as no such interest or right .Ad$ittedly' the act of Congress in creating a #ublic office' defining its #o&ers' functions and fixing the .ter$4 or the #eriod during &hich the officer $ay clai$ to hold the office as of right and the .tenure4 or the ter$ during &hich the incu$bent actually holds the office' is a valid and constitutional exercise of legislative #o&er 7n the exercise of that #o&er' Congress enacted RA 603 on A#ril 88' 89*8' creating the City of Roxas and #roviding' a$ong others for the #osition of Vice23ayor and its tenure or #eriod during &hich the incu$bent Vice23ayor holds office at the #leasure of the %resident' so' the logical inference is that Congress can legally and constitutionally $a:e the tenure of certain officials de#endent u#on the #leasure of the %resident 1herefore' Alba &as a##ointed by the #leasure of the resident and can also be re$oved &hen that #leasure ceases