G.R. No.

L-16808
January 3, 1921
ANDRES BORROMEO, vs. FERMIN MARIANO
MALCOLM, J.:
Facts:
Quo warranto proceedings have been instituted in this court to determine the right of the
plaintiff and of the defendant to the office of Judge of the Court of First Instance of the Twenty-fourth
Judicial District.
Andres Borromeo was appointed and commissioned as Judge of the Twenty-fourth Judicial
District, effective July 1, 1914. On February, 25, 1920, he was appointed Judge of the Twenty-first
Judicial District, and Fermin Mariano was appointed Judge of the Twenty-fourth Judicial District. Judge
Borromeo has since the latter date consistently refused to accept appointment to the Twenty-first
Judicial District.
Issue:
Whether or not Borromeo may refuse his appointment to the twenty-first judicial district.
Ruling:
YES. Borromeo is lawfully entitled to the possession of the office of Judge of the Court of First
Instance of the Twenty-fourth Judicial District.
Judges of First Instance are not appointed Judges of First Instance of the Philippine Islands but are
appointed Judges of the Courts of First Instance of the respective judicial districts of the Philippine
Islands. They hold this position of Judge of First Instance of definite districts until they either resign,
reach the age of retirement, or are removed through impeachment proceedings. The intention of the
law is to recognize separate and distinct judicial offices.
Appointment and qualification to office are separate and distinct things. Appointment is the sole act of
those vested with the power to make it. Acceptance is the sole act of the appointee. Persons may be
chosen for office at pleasure; there is no power in these Islands, however, which can compel a man to
accept the office.
The language of the proviso to section 155 of the Administrative Code does not empower the Governor-
General to force upon the judge of one district an appointment to another district against his will,
thereby removing him from his former district.
The reasonable force of the language used in the proviso to section 155 of the Administrative Code
taken in connection with the whole of the Judiciary Law, and the accepted canons of interpretation, and
the principles of the law of public officers, leave room for no other construction than that a Judge of
First Instance may be made a judge of another district only with his consent.
 G.R. No. L-11985
January 28, 1961
MARIANO CONDE
vs.
THE NATIONAL TOBACCO CORPORATION and THE BOARD, OF LIQUIDATOR
DIZON, J.:

Facts:
Appeal by Mariano Conde from the decision of the Court of First Instance of Manila dismissing
the complaint filed by him against the National Tobacco Corporation and the Board of Liquidators,
without costs.
On September 6, 1940 appellant was appointed Secretary-Treasurer of the National Tobacco
Corporation with an annual compensation of P4,800 effective as of October 15, 1940. On August 22,
1941 he was appointed Secretary and Administrative Officer of the same company with the same annual
compensation. On October 23, 1945 he was appointed Acting Secretary and Administrative Officer of
the company with an annual compensation of P5,100.00. On March 18, 1946 he was appointed Acting
Secretary and Administrative Officer with an increased annual compensation of P6,000.00. On
September 16 of the same year he was appointed Treasurer and Chief, Credit Department, with the
same annual compensation of P6,000.00. The appointment extended indicated that it was a mere
"change of designation". On November 18, 1946 he was appointed Treasurer and Credit Manager with
an increased annual compensation of P7,200.00. Finally, on December 21, 1948 he was appointed
Treasurer with a reduced annual compensation of P6,000.00. This was in pursuance of Resolution No.
265 passed by the Board of Directors of the company on December 6, 1948, which stated, inter alia, that
the reduction of the salary of appellant was for the purpose of making uniform the annual
compensation of the Department Chiefs of the company. In this connection the resolution also renewed
appellant of his duties as Secretary of the Board of Directors and Administrative Officer, presumably in
order that his work as department chief would not be much more than that of other department chiefs.
Several petitions for reconsideration filed by appellant in connection with the reduction of his annual
compensation were denied by the Board of Directors.
By executive order No. 372, the National Tobacco Corporation was dissolved and a Board of Liquidators
was created for the purpose of settling and closing its affairs within a period of three years. Appellant
also sought twice from the Board of Liquidators a reconsideration of the Board resolution reducing his
annual compensation, but his petitions were denied. As a result, after his retirement from the service,
he commenced the present action to recover from the latter and/or the Board of Liquidators, jointly and
severally, the sum of P5,283.33, with legal interest thereon from the filing of the complaint, plus the
sum of P1,750.00 for attorney's fees, and the cost of the suit.
Issue:
Whether or not Presidential approval is required for reduction of salary of an officer of a
government-owned Corporation.
Ruling:
Presidential approval is not required for a notice, advising a Treasurer and Credit Manager of the
National Tobacco Corporation that he should act merely as Treasurer at a reduced compensation. Said
notice is not an appointment to a new position. It merely reduced his duties and made a corresponding
reduction in his salary.
Where the reduced salary of the Treasurer of the National Tobacco Corporation was carried in
its subsequent budget, which was approved by the Control Committee of the Government Enterprises
Council, such action was tantamount to Presidential approval of the reduction in salary. The approval of
the budget was made by virtue of the authority of the President of the Philippines. The Control
Committee is the representative of the' President in the supervision of all government-owned and
controlled corporations. The act of said body should be regarded as an act done on behalf of the
President himself.