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    Abcsof The Gourd Facts

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    Fedencio Salvatierra Costuna
    Petitioner was promoted several times within the Bureau of Customs until becoming Director III but was then terminated in 1994. He filed a petition for quo warranto against Allas to challenge the termination, which was granted. However, when petitioner later sought to enforce the decision, it was denied because a new person, Godofredo Olores, had been appointed to the position. The Court of Appeals affirmed this decision, as a quo warranto judgment only applies to the specific person involved and not their successor. Additionally, petitioner had reached retirement age and could no longer be reappointed to the position.

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    Abcsof The Gourd Facts

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    Fedencio Salvatierra Costuna
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    Petitioner was promoted several times within the Bureau of Customs until becoming Director III but was then terminated in 1994. He filed a petition for quo warranto against Allas to challenge the termination, which was granted. However, when petitioner later sought to enforce the decision, it was denied because a new person, Godofredo Olores, had been appointed to the position. The Court of Appeals affirmed this decision, as a quo warranto judgment only applies to the specific person involved and not their successor. Additionally, petitioner had reached retirement age and could no longer be reappointed to the position.

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    Petitioner was promoted several times within the Bureau of Customs until becoming Director III but was then terminated in 1994. He filed a petition for quo warranto against Allas to challenge the termination, which was granted. However, when petitioner later sought to enforce the decision, it was denied because a new person, Godofredo Olores, had been appointed to the position. The Court of Appeals affirmed this decision, as a quo warranto judgment only applies to the specific person involved and not their successor. Additionally, petitioner had reached retirement age and could no longer be reappointed to the position.

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    © All Rights Reserved
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    12 views1 page

    Abcsof The Gourd Facts

    Uploaded by

    Fedencio Salvatierra Costuna
    Petitioner was promoted several times within the Bureau of Customs until becoming Director III but was then terminated in 1994. He filed a petition for quo warranto against Allas to challenge the termination, which was granted. However, when petitioner later sought to enforce the decision, it was denied because a new person, Godofredo Olores, had been appointed to the position. The Court of Appeals affirmed this decision, as a quo warranto judgment only applies to the specific person involved and not their successor. Additionally, petitioner had reached retirement age and could no longer be reappointed to the position.

    Copyright:

    © All Rights Reserved
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    Abcsof the gourd

    FACTS

    Petitioner became part of the Bureau of Customs in 1972, and received promotions until


    he became Director III of the Customs Intelligence and Investigation Service. In 1993,
    he was temporarily designated as Acting District Collector, while respondent was
    temporarily appointed to take his old position. In 1994, a letter was sent to petitioner,
    stating that he is terminated from the services of the Bureau of Customs. He filed
    a petition for quo warranto against Allas, which the court granted. Allas appealed, but
    became moot and academic when Allas was appointed as Deputy Commissioner
    of Customs Assessment and Operations. When Mendoza filed for motion for execution
    of its decision, it was denied because Godofredo Olores was appointed to take his old
    position. CA affirmed the decision.

    ISSUE

    Whether or not a petition for quo warranto extends to the position claimed?

    HELD

    NO, a petition for quo warranto is a proceeding to determine the right of a person to use


    or exercise of a franchise or office and to oust the holder from its enjoyment, if his claim
    is not well-founded, or if he has forfeited his right to enjoy the privilege. A judgment in
    quo warranto does not bind the successor in office, even though the successor’s title
    comes from the same source. It is always directed to a person, in this case, Allas. Olores
    had never become part of the case; hence the decision cannot extend to him. Since
    Mendoza has reached the age of retirement, he cannot be reappointed. Neither can he
    claim from Allas his back wages, nor compel the Bureau of Customs to pay said back
    wages.

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