Hebron vs Reyes

Topics: Municipality, Mayor, 22nd century Pages: 4 (1280 words) Published: February 25, 2013
This is a quo warranto case involving the Office of Mayor of the Municipality of Carmona, Province of Cavite. In the general elections held in 1951, petitioner Bernardo Hebron, a member of the Liberal Party, and respondent Eulalio D. Reyes, of the Nacionalista Party, were elected mayor and vice-mayor, respectively, of said municipality, for a term of four years, beginning from January 1, 1952, on which date they presumably assumed the aforementioned offices. Petitioner discharged the duties and functions of mayor continuously until May 22 or 24, 1954, when he received a suspension letter from the president. Thereupon, respondent Eulalio D. Reyes acted as mayor of Carmona and the Provincial Fiscal of Cavite investigated the charges referred to in the above-quoted letter. After holding hearings in connection with said charges, the provincial fiscal submitted his report thereon on July 15, 1954. Since then the matter has been pending in the Office of the President for decision. Inasmuch as the same did not appear to be forthcoming, and the term of petitioner, who remained suspended, was about to expire, on May 13, 1955, he instituted the present action for quo warranto, upon the ground that respondent was illegally holding the Office of Mayor of Carmona, and had unlawfully refused and still refused to surrender said office to petitioner, who claimed to be entitled thereto. The case could not be disposed of, however, before the close of said year, because the members of this Court could not, within the unexpired portion thereof, reach an agreement on the decision thereon. Although the term of office of petitioner herein expired on December 31, 1955, his claim to the Office of Mayor of Carmona, Cavite, has not thereby become entirely moot, as regards such rights as may have accrued to him prior thereto. Issue:

Whether or not a municipal mayor, not charged with disloyalty to the Republic of the Philippines, may be removed or suspended...
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