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Consuelo Caraan-Medina vs. Carmelo Q. Quizon

CONSUELO CARAAN-MEDINA, petitioner, vs. CARMELO Q. QUIZON, respondent.

G.R. No. L-23162 | 1966-10-29

D E C I S I O N 


CASTRO, J.: 

At bar is a petition for quo warranto, filed directly with this Court, wherein the petitioner asks that she be declared the rightful occupant of the position of "third assistant provincial fiscal" of Batangas. Her theory is to the effect that when respondent Carmelo Q. Quizon was appointed thereto, she was already legally occupying the position and hence there was no vacancy therein to which he could have been validly appointed. 

Originally, Marcelo T. Lota was also named as party respondent allegedly in view of his refusal to join the petitioner, but eventually he was excluded (see Second Amended...