Santos v Secretary of Labor, G.R. No. L-21624, feb 27, 1968
FACTS:
Segundo Santos was, for a number of years, employed as Labor Conciliator I of the Department of Labor. On August 24, 1960, he was extended a promotion as Labor Conciliator II.
In June of 1962, respondent Secretary of Labor appointed Ricardo Tiongco, one of the respondents, to the same position of Labor Conciliator II.
Petitioner's demand for the revocation of respondent Tionco's appointment and payment to him of salary differentials was rejected by respondent Secretary of Labor.
Three days before Santos actually retired, he filed a petition for mandamus.
The petition prays that respondents be commanded to nullify the appointment of Tiongco, and to uphold as legal and existing petitioner's appointment, as Labor Conciliator II, from September 1, 1960; and that the salary differentials aforesaid be paid petitioner. Respondents seasonably answered the petition.
Before the case could be tried on the merits, Santos died. A motion to substitute the "Estate of Segundo Santos, deceased" was filed by one of the heirs, Rodolfo Santos.
ISSUE:
Whether or not a deceased’s estate can substitute in place of the petitioner, who was a public officer
RULING:
Public office is a public trust. It is personal to the incumbent thereof or appointee thereto. In this sense, it is not property which passes to his heirs. None of the heirs may replace him in that position. It is in this context that we say that the Estate of the deceased Segundo Santos may not press Santos' claim that he be allowed to continue holding office as Labor Conciliator II.
But jurisdiction of the court had attached before the death of Santos. That jurisdiction continues until the termination of the suit. It is true that what is left is a money claim for salary differentials. But death will not dislodge jurisdiction on that money claim — it subsists.
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