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Sevilla vs. Court of Appeals

GENEROSO R. SEVILLA, petitioner, vs. THE HON. COURT OF APPEALS AND NERITO L. SANTOS, respondents.

G.R. No. 88498 | 1992-06-09

D E C I S I O N

GRINO-AQUINO, J.:

May an officer who was appointed to an office in an "acting" capacity, bring a quo warranto action against the permanent appointee to the position?

The petitioner has been in the government service since 1949. His last appointment was a Assistant City Engineer of Palayan City which he discharged until he was designated Acting City Engineer of Cabanatuan City by President Ferdinand E. Marcos on May 2, 1981. He unhesitatingly assumed the latter position and discharged its functions and responsibilities until "People Power" and the EDSA Revolution intervened. The subsequent twists and turns...