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Topacio Nueno V Angeles
Topacio Nueno V Angeles
ANGELES
Jose Topacio Nueno, et al., petitioners
Gerardo Angeles, et al., respondents
FACTS
Jose Topacio Nueno, Manuel De La Fuente, Eustaquio Balagtas and Carmen Planas were elected as
members of the Municipal Board in the general election on Dec 1940, and qualified on Jan. 1941. Nueno
and Planas subsequently resigned from their office to run for the House of Representatives on Nov. 1941,
but they were not elected. The President of the Commonwealth then appointed Nueno to fill the vacancy
he created because of his resignation, and Delia Dino to fill the vacancy created by Carmen Planas, since
they were both from the same political party, “The Young Philippines.”
On 1942, the Japanese Army invaded the country. The regular election as provided in the
Election Code could not be held because the Japanese still occupied the country. The special election
likewise could not be held after the restoration of the Commonwealth due to physical impossibility.
Therefore the President of the Commonwealth appointed the six respondents to the Municipal Board.
The four petitioners instituted an action quo warranto against six respondents, averring that their
term of office of three years has not yet expired since they have not served for such period due to the
Japanese occupation. They also assert their right to hold-over, or their right to continue in office until a
successor has been elected. Also, that their appointments are in contravention of Sec. 16, Act 357 since
the party of Dino has not been represented, and that such appointments were not submitted to the
Commission on Appointments.
Respondents contend that petitioners have no right to hold public office since their term expired
on Dec 1943, and that term of office must be distinguished from tenure. Also that the appointments are
valid under the emergency powers granted upon the President.
ISSUES
(1) Whether or not the petitioners have a right to hold-over of office
(2) Whether or not the appointments of the President are valid
DISPOSITIVE
Action quo arrant is dismissed.