ISSUE
Law on Public Officers
General Principles
10 Andres Borromeo vs Fermin
Mariano
GR L-16808 Jan. 3 1921
RULING
FACT
Andres Borromeo was appointed and Whether plaintiff Judge Borromeo is Leaving out of consideration for the moment the last
commissioned as Judge of the 24th entitled to the office of Judge of the part of section 155 of the Administrative Code, the
Judicial District, effective July 1, Court of First Instance of the 24th provisions of the Judiciary Law are plain and
1914. He duly qualified and took Judicial District. unambiguous. Judges of First Instance are appointed
possession of the office on that date. judges of the courts of first instance of the respective
On February, 25, 1920, he was judicial districts of the Philippines Islands. They are
appointed Judge of the 21st Judicial not appointed judges of first instance of the Philippine
District, and Fermin Mariano was Islands. They hold these positions of judges of first
appointed Judge of the 24th Judicial instance of definite districts until they resign, retire,
District. Judge Borromeo has since or are removed through impeachment proceedings.
the latter date consistently refused The intention of the law is to recognize separate and
to accept appointment to the 21st distinct judicial offices.
Judicial District.
Appointment and qualification to office are separate
and distinct things. Appointment is the sole act of
Judges of First Instance are
those vested with the power to make it. Acceptance
appointed by the Governor-General
is the sole act of the appointee. Persons may be
with the consent of the Philippine
chosen for office at pleasure; there is no power in
Senate to serve until they reach the
these Islands which can compel a man to accept the
age of 65 years. One Judge of First
office. (22 R. C. L. 423.) If, therefore, anyone could
Instance is commissioned for each
refuse appointment as a judge of first instance to a
judicial district, except the ninth. The
particular district, when once appointment to this
oath of office of the judge is "filed
district is accepted, he has exactly the same right to
with the clerk of the court to which
refuse an appointment to another district. No other
the affiant pertains and shall be
person could be placed in the position of this Judge of
entered upon its records." Judges of
First Instance since another rule of public officers is,
First Instance may only be detailed
that an appointment may not be made to an office
by the Secretary of Justice to
which is not vacant. (29 Cyc., 1373.) In our
temporary duty in a district other
judgment, the language of the proviso to section 155
than their own for the purpose of
of the Administrative Code, interpreted with reference
trying land registration cases and for
to the law of public officers, does not empower the
vacation duty. The concluding
Governor-General to force upon the judge of one
portion of section 155 of the
district an appointment to another district against his
Administrative Code, to which
will, thereby removing him from his district.
particular attention is addressed by
the Attorney-General, is, "but
Plaintiff Andres Borromeo is lawfully entitled to the
nothing herein shall be construed to
possession of the office of Judge of the Court of First
prevent a judge of first instance of
Instance of the Twenty-Fourth Judicial District. It is
one district from being appointed to
our judgment that the defendant Fermin Mariano
be judge of another district." A Judge
shall be ousted from the office of Judge of the
of First Instance can be removed
Twenty-fourth Judicial District, and the plaintiff
from office by the Governor-General
placed in possession of the same. The motion for
only if in the judgment of the
reconsideration filed by the Attorney-General is
Supreme Court sufficient cause shall
denied.
exist involving serious misconduct or
inefficiency in office.