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TEVES vs.

SINDIONG
G.R. No. L-2050. October 21, 1948

FACTS:
Pablo Teves was appointed justice of the peace of Luzurriaga, Negros Oriental. He
qualified and assumed office on January 14, 1915.

He followed and stayed with the guerillas in the tree area and continued to discharge
his duties as justice of peace of that part of Luzurriaga not occupied by invaders.

However, sometime in October 1943, the plaintiff was arrested by a Japanese patrol
and was kept as a virtual prisoner to Dumaguete.

He managed to escape and asked the Deputy Governor under the guerilla government
to restore him to his post of justice of Luzurriaga.

For his 2ndappointment, Teves was again appointed on May 1, 1945.

However, when his appointment was submitted against to Comm on Appointments


(COA), it was NOT CONFIRMED.

Despite this non-confirmation, he continued to office. Presumably, because of this non-


confirmation, the President of Philippines nominated defendant Sindiong and such
nomination was confirmed by COA.

RTC decided that Teves abandoned his old office of justice of peace (i.e. when he went
to the tree area with the guerillas)

ISSUE:
Whether or not Teves is has abandoned his old office of justice of peace.

RULING:
NO. Teves herein is still below the age of 70 and none of the other elements justifying
loss of, or separation from, his office as justice of peace exists with the possible
exception of that of abandonment. The conditions at that time were far from normal. He
joined the guerillas in the mountains and continued to exercise his judicial functions
until he was arrested.

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