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Agustin B. Docena Vs. Sangguniang Panlalawigan Of Eastern Samar, Et Al.

AGUSTIN B. DOCENA, petitioner, vs. THE SANGGUNIANG PANLALAWIGAN OF EASTERN SAMAR, GOVERNOR LUTGARDO B. BARBO, VICE GOVERNOR CAMILO A. CAMENFORTE, BOARD MEMBERS MARCOS ALIDO, NONATO GERNA, ISMAEL KHO, MARCELINO C. LIBANAN, NICOLAS PIMENTEL, GENEROSO YU and ATTY. SOCRATES B. ALAR, respondents. Zaldy B. Docena for petitioner.

G.R. No. 96817 | 1991-06-25

D E C I S I O N


CRUZ, J.:

Two persons are claiming the same position in the Sangguniang Panlalawigan of Eastern Samar by virtue of separate appointments thereto extended to them by the same authority. The first appointment was replaced by the second appointment, which was subsequently withdrawn to reinstate the first appointment, but this was later itself recalled in favor of the second appointment. To add to the confusion, the Sangguniang Panlalawigan has joined the fray and taken it upon itself to decide who as between the two claimants is entitled to the office.

The case arose when Luis B. Capito, who had been elected to and was...