Quimsing
vs Tahanglangit
G.R. No. L-19981
February 29, 1964
FACTS:
On
May 20, 1960, Godofredo Quimsing was designated Acting Chief of Police of
Iloilo City. On December 20, 1961, and while such incumbent of the office, he
was extended by then President Garcia an ad-interim
appointment to the same position. Quimsing took his oath of office before
the City Mayor of Iloilo on December 28, 1961, and continued discharging the
functions of Chief of Police of said city.
At the session of the Commission on Appointments on May 16, 1962,
the appointment of Quimsing, among others was confirmed. On the following day,
however, at the session of said body , Senator Puyat moved for the
reconsideration of all appointments previously confirmed, manifesting at the
same time that said "motion for reconsideration be laid on the
table." Furthermore, he moved for the adjournment of the session of the
Commission sine die. There
being no objection, said motion was approved and the session was adjourn.
On June 11, 1962, President Macapagal designated Eduardo
Tajanglangit as Acting Chief of Police of Iloilo City and the latter took his
oath and tried to discharge the functions of the office on June 13, 1962. On
July 12, 1962 Quimsing filed a petition for prohibition to restrain
Tajanglangit from occupying the position of Chief of Police of Iloilo to which
petitioner allegedly had previously been appointed and duly qualified and the
functions of which he was actually discharging.
Tajanglangit,
in his answer, claimed among others, that petitioner's ad-interim appointment was a nullity in view of
the President's Administrative Order No. 2, withdrawing, cancelling, or
recalling ad-interim appointments
extended after December 13, 1961; and that the alleged confirmation of
petitioner's ad-interim appointment
by the Commission on Appointments did not also produce any effect, because the
same had been the subject of a motion for reconsideration and no further action
has been taken on said appointment until the present time.
ISSUE:
Whether
or not appointment of respondent Eduardo Tajanglangit to the position of Chief
of Police of Iloilo City valid.
RULING:
No.
The SC ruled that the appointment of Tajanglangit to the position of Chief of
Police of IloIlo City is nul and void.
The
motion of Senator Puyat, for reconsideration of the confirmations made the day
before, among which was herein petitioner's, was coupled with prayer, not for a
resubmission of said appointments anew, but for the laying of the motion (for
reconsideration) on the table. Under Section 21 of the Revised Rules of the
Commission on Appointments, the "laying on the table" of the motion
shall be the final disposition thereof. In other words, no further action need
be taken by the Commission thereon. It is as if no motion for reconsideration
was filed at all.
From
Section 22 of the revised rules, the Commission on Appointments may either
confirm or disapprove an appointment, and notice of such action shall not be
conveyed to the President while a motion for reconsideration is pending. It has
been established here that on July 19, 1962, notice of the confirmation of
Quimsing's appointment was delivered to Malacañang. This action by the
Commission on Appointments supports the conclusion that the laying of a motion
for reconsideration on the table does not have the effect of withholding the
effectivity of the confirmation, nor is it synonymous with disapproval of the
appointment. In fact, it is recognition that the appointment was confirmed.
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