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Barte vs. Dichoso, et al

MANUEL R. BARTE, petitioner-appellee, vs. DEMETRIO A. DICHOSO and JUAN VILLEGAS (in their capacities as City Treasurer and Auditor, respectively), respondents-appellants.

G.R. No. L-28715 | 1972-09-28

D E C I S I O N


FERNANDO, J:

It is a novel question that was raised by petitioner, now appellee, Manuel R. Barte, in this mandamus-proceeding. Admittedly, he was designated to the position of Acting Vice-Mayor of Naga City under Commonwealth Act No. 588. 1 There is no question either that there was no renewal of such designation after the adjournment of Congress. Nonetheless, he would, notwithstanding the literal language of the law providing that such designation "shall in no case continue beyond the date of the adjournment of the regular session" of the National Assembly then, of the Congress of the Philippines now, claim a legal...