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Kagawads Jose G. Mendoza, Rosario B. Espino, Teresita S. Mendoza, Jorge Banal, Chairman Of The Special Investigation Committee On Administrative Cases Against Elected Barangay Officials Of The Quezon City Council And Ismael A. Mathay, Jr., City Mayor Of Quezon City Vs. Barangay Captain Manuel D. Laxina, Sr.

KAGAWADS JOSE G. MENDOZA, ROSARIO B. ESPINO, TERESITA S. MENDOZA, JORGE BANAL, Chairman of the Special Investigation Committee on Administrative Cases Against Elected Barangay Officials of the Quezon City Council and ISMAEL A. MATHAY, JR., City Mayor of Quezon City, petitioners, vs. BARANGAY CAPTAIN MANUEL D. LAXINA, SR., respondent.

G.R. No. 146875 | 2003-07-14

D E C I S I O N

YNARES-SANTIAGO, J.:

Is the taking of an oath of office anew by a duly proclaimed but subsequently unseated local elective official a condition sine qua non to the validity of his re-assumption in office where the Commission on Elections (COMELEC) orders the relinquishment of the contested position?

This is the legal question raised in this petition under Rule 45 of the 1997 Rules of Civil Procedure, assailing the November 13, 2000 Summary Judgment[1] of the Regional Trial Court of Quezon City, Branch 77, which set aside the decision of the City Council of Quezon City finding respondent Barangay Captain Manuel D. Laxina...