borromeo vs mariano

facts: Borromeo was appointed and commissioned as Judge of the Twenty-fourth

Judicial District, He duly qualified and took possession of the office . Later on he
was appointed Judge of the Twenty-first Judicial District, and Fermin Mariano was
appointed Judge of the Twenty-fourth Judicial District. Judge Borromeo has
consistently refused to accept appointment to the Twenty-first Judicial District.
Thereby a Quo Warranto proceedings have been instituted in the SC en banc to
determine the right of the plaintiff and of the defendant to the office of Judge of the
Court of First Instance of the Twenty-fourth Judicial District.
Issue: Who has the right to the office of Judge of the Court of First Instance of the
Twenty-Fourth Judicial District.
held: It is our holding that the plaintiff Andres Borromeo is lawfully entitled to the
possession of the office of Judge of the Court of First Instance of the Twenty-Fourth
Judicial District. It is our judgment that the defendant Fermin Mariano shall be
ousted from the office of Judge of the Twenty fourth Judicial District, and the plaintiff
placed in possession of the same. based on the ff. reasons
1. there is no power in these Islands which can compel a man to accept the office.
Therefore, anyone could refuse appointment as a judge of first instance to a
particular district, when once appointment to this district is accepted, he has
exactly the same right to refuse an appointment to another district. No other person
could be placed in the position of this Judge of First Instance since another rule of
public officers is, that an appointment may not be made to an office which is not
vacant.
2. the language of the proviso to section 155 of the Administrative Code, interpreted
with reference to the law of public officers, does not empower the GovernorGeneral to force upon the judge of one district an appointment to another
district against his will, (s/b with consent) thereby removing him from his district.
3. judges of first instance are removable only through a fixed
procedure(impeachment). Moreover, impeachment proceedings, as conducted by
the Supreme Court, may be in the nature of jurisdiction, conferred upon the
Supreme Court by ratification of the Congress of the United States.