Borromeo vs Mariano

facts:

Borromeo was appointed and commissioned as Judge of the Twenty-fourth Judicial District. He was 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, which he was appointed back then.

Judge Borromeo has consistently refused to accept his current 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:

WON Judge Borromeo has the right to the office of Judge of the Court of First Instance of the Twenty-
Fourth Judicial District. YES

Held:

According to the SC Judge 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.

The defendant Fermin Mariano shall be ousted from the said office 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 Governor-General 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.