CASE DIGEST: Javellana v. Tayo

 


ABELARDO JAVELLANA, TOMAS JONCO,RUDICO HABANA, EXEQUIEL GOLEZ, ALFREDO ANG, and FILIPINAS SOLEDAD, in their capacities as Councilors of the Municipality of Buenavista, Province of Iloilo, petitioners-appellees, vs. SUSANO TAYO, as Mayor of the Municipality of Buenavista, Iloilo, respondent-appellant
G.R. No. L-18919. December 29, 1962

 

DOCTRINE: 

Refusal of municipal mayor to perform his duties; Award of moral damages to aggrieved party.—The award of moral damages to a councilor as a consequence of the municipal mayor’s refusal to perform his official duties, is proper under Article 27 of the new Civil Code.

SUMMARY: 

Mayor, Vice Mayor and the top 2 councilors were always absent, for nearly 4 months, in every regular council session. Since the attending members of the council was enough to constitute a quorum, the council proceeded to do its business. Now Mayor refuses to sign the resolutions and the minutes of the meetings alleging that they were null and void. The Court ruled that they were valid and awarded moral damages to the councilor who was able to prove that he was entitled thereto under Art. 27 of the CC.

PARTIES:

Petitioners are duly elected and qualified as members of the Municipal Council of the Municipality of Buenavista, Iloilo and respondent, at the time the acts complained of took place, was and still is the duly-elected and qualified Mayor of the Municipality of Buenavista, Iloilo.

FACTS:

On February 8, 1960, the Municipal Council of Buenavista, Iloilo, unanimously approved Resolution No. 5, Series of 1960, which set the regular sessions of the Municipal Council of Buenavista on every first and third Wednesday of every month, and which resolution was duly approved by the respondent, in his capacity as Mayor of the Municipality of Buenavista.

On June 1, 1960, at the time and place set for the regular session of the Municipal Council, the Mayor, Vice-Mayor, No. 1 and No. 2 Councilors, and the Secretary were absent.

The six councilors, who are the petitioners in this case, were present and they proceeded to elect among themselves a temporary presiding officer and Acting Secretary to take notes of the proceedings. Having thus elected a temporary presiding officer and a secretary of the Council, they proceeded to do business.

On June 15, 1960, at the time and place designated in Resolution No. 5, s. of 1960, the petitioners acting as duly elected and qualified councilors were present and again, in view of the absence of the Mayor, Vice-Mayor, said two councilors and the Secretary proceeded to elect a temporary presiding officer and temporary secretary from among them, and did business as a Municipal Council of Buenavista.

Again on July 6, and July 20, 1960, on August 3, and August 17, September 7, and on September 21, 1960, the petitioners met at the place and time designated in Resolution No. 5, series of 1960, and proceeded to elect a temporary Secretary among themselves, and did business as the Municipal Council of Buenavista, in view again of the absence of the Mayor, Vice Mayor, 2 councilors, and the Secretary.

When the minutes of the proceedings of June 1, June 15, July 6, July 20, August 17, September 7, and September 21, 1960 of the Municipal Council were presented to the respondent for action, the respondent Mayor refused to act upon said minutes, or particularly to approve or disapprove the resolution as approved by the Municipal Council, the Mayor declaring the sessions above referred to as null and void and not in accordance with law.

The petitioners made repeated demands for payment of their per diems for the sessions of June 1, June 15, July 6, July 20, August 3, August 17, September 7, and September 21, 1960, by presenting the payrolls; Provincial Forms No. 38(A) to the respondent Mayor for the latter’s signature, but the respondent refused to affix his signature to the payrolls alleging that the proceedings were illegal due to his absence.

Petitioners asked the Provincial Fiscal of the Province of Iloilo for his opinion on the validity of the acts of the herein petitioners. The Fiscal rendered an opinion upholding the validity of the controverted sessions of the Municipal Council.

Despite the opinion of the Provincial Fiscal, the respondent Mayor refused and still refuses to act upon the resolutions presented to him and to sign the payrolls covering the per diems of the herein petitioners.

The respondent Mayor brought the matter to the attention of the Provincial Board of the Province of Iloilo and the Provincial Board informed the Mayor that per the opinion of the Legal Assistant said minutes is legal.

Despite the resolution of the Provincial Board, the Mayor refused and still refuses to recognize the validity of the acts of the Municipal Council and the legality of its regular session held in his absence.

The trial court ruled in favor of the legality of the acts of Municipal Council. But only Exequiel Golez was awarded moral damages in the sum of P100 as he was the only one who was presented as a witness who proved moral damages he suffered as a consequence of the refusal of Tayo to perform his official duty.

ISSUE:

WON the acts of the Municipal Council, despite the absence of the Mayor, are valid?

WON petitioners are entitled to moral damages

RULING:

There is no question that the sessions at issue were held on the days set for regular sessions of the council, as authorized and approved in a previous resolution. Secondly, it is not disputed that a majority of the members of the council were present in these sessions. There was a quorum to do business in all the sessions in question.

Appellant, however, asserts that while under Section 2221 of the Revised Administrative Code, the majority of the members of the council constitutes a quorum to do business, the council “shall be presided by the Mayor and no one else”, inasmuch as it is one of the duties imposed upon him under Section 2194 (d) of the Revised Administrative Code. The argument would be correct if the mayor were present at the sessions in question and was prevented from presiding therein, but not where, as in the instant case, he absented himself therefrom.

Appellant likewise invokes Section 7 of RA 2264, in support of his view that the sessions in question were null and void, as they were not presided by him or by his Vice-Mayor, or by the councilor who obtained the largest number of votes.

It is true that this section mentions only the vice-mayor, or in his place, the councilor who obtained the largest number of votes who could perform the duties of the mayor, in the event of the latter’s temporary incapacity to do so, except the power to appoint, suspend, or dismiss employees. Ordinarily, this enumeration would be interpreted as exclusive but there are cogent reasons to disregard this rule in this case, since to adopt it would cause inconvenience, hardship, and injury to the public interest, as it would place in the hands of the mayor, vice-mayor, and the councilor receiving the highest number of votes an instrument to defeat the law investing the legislative power in the municipal council, by simply boycotting, as they continuously did for 4 months, the regular sessions of the council.

To declare that the proceedings of the petitioners were null and void, is to encourage recalcitrant public officials who would frustrate valid sessions for political end or consideration. Public interest will immensely suffer, if a mayor who belongs to one political group refused to call or attend a session, because the council is controlled by another political group.

Lastly, appellant contests the award of moral damages to appellee councilor Exequiel Golez. The SC found said award proper under Article 27 of the new Civil Code, considering that according to the trial court, he (Golez) was able to prove that he suffered the same, as a consequence of appellant’s refusal to perform his official duty, notwithstanding the action taken by the Provincial Fiscal and the Provincial Board upholding the validity of the sessions in question.

DISPOSITIVE:

WHEREFORE, the decision appealed from is hereby affirmed with costs against respondent-appellant. So ordered.


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