Borromeo vs.

Mariano

Facts:

The case involves a quo warranto proceeding to determine the right to the office of Judge of the Court of
First Instance of the Twenty-fourth Judicial District in the Philippines.

Andres Borromeo was appointed and commissioned as Judge of the Twenty-fourth Judicial District on
July 1, 1914, and took possession of the office on that date.

On February 25, 1920, he was appointed Judge of the Twenty-first Judicial District, and Fermin Mariano
was appointed Judge of the Twenty-fourth Judicial District.

Borromeo consistently refused to accept the appointment to the Twenty-first Judicial District.

Issue:

Whether Borromeo is lawfully entitled to the possession of the office of Judge of the Court of First
Instance of the Twenty-fourth Judicial District.

Ruling:

The court ruled in favor of Borromeo, stating that he is lawfully entitled to the office.

Ratio:

The court interpreted the relevant provisions of the Administrative Code and the Judiciary Law to
conclude that judges of First Instance are appointed judges of the courts of First Instance of specific
judicial districts, and their appointment is separate and distinct from their qualification to office.

The court emphasized the importance of an independent judiciary and the need to protect judges from
arbitrary transfers or removals.

The court held that the language of the proviso in the Administrative Code does not empower the
Governor-General to force a judge of one district to accept an appointment to another district against
their will.

The court also noted that the power to remove judges is limited and can only be done through
impeachment proceedings.

The court's ruling is based on the interpretation of the relevant laws and the principles of an
independent judiciary.

The court emphasizes the importance of the separation of powers and the need to respect the
independence of the judiciary.

The court concludes that a judge of First Instance can only be made a judge of another district with their
consent.