JULIO AGCAOILI, vs.

ALBERTO SUGUITAN,

Facts:
Julio Agcaoli was appointed as justice of the peace on on the 25th day of March, 1916, with authority "to have and to hold the said office with all the powers, privileges, and emoluments thereunto of right appertaining unto him, subject to the conditions prescribed by law. He continued to occupy said office until the age of 65. He was ordered by the secretary of justice to vacate the office on april 1923. Since then, the auxiliary justice of the peace, acted as justice of the peace of the municipality. Agcaoli instituted qou warranto proceedings to inquire to the acting justices right to occupy said office and to procure reinstatement as justice of the peace. Issue Won the provision of Act 3107 stating that the justices of the peace and auxiliary justices shall be appointed to serve until they reach the age of 65 should be given retroactive or prospective effect. Held It should be given prospective effect only. Act no. 3107 amended sec 203 of the administrative code by adding at the end thereof the following proviso: provided: that justices of the peace and auxiliary justices of the peace shall be appointed to serve until they have reached the age of 65 years however, section 206 of the administrative code, entitled Tenure of Office and reading a justice of the peace having the requisite legal qualifications shall hole\d office during good behaviour unless his office be aboliched or merged into the jurisdiction of some other justice.