Mendoza vs.

Allas
GR No. 131977 Feb 4, 1999

FACTS:
Mendoza’s appointment as the Customs Service Chief of the Customs Intelligence
and Investigation Service (CIIS) in the Bureau of Customs which was reclassified as
Director III by the Civil Service Commission a year after. Mendoza was temporarily
designated as Acting District Director while Allas was appointed as Acting Director III
in his place, resulting to the former’s termination. The trial court granted the petition,
oustering Allas and reinstating Mendoza. Upon appeal to CA, Allas was promoted as
the Deputy Commissioner of Customs for Assessment and Operations, with Olores
occupying his vacated position. Mendoza’s petition for Motion for Execution of the
trial court’s decision was denied on the ground that Olores was not a party to the quo
warranto petition; hence, this petition.

ISSUE:
Whether or not the CA erred in dismissing the quo warranto case

RULING:
No. The SC held that CA did not err in denying the execution of the trial court as a
judgment in a quo warranto case does not bind the successor of the respondent in
office, even if the successor traces their title to the same source. Rule 66 provides
that the writ of quo warranto is directed against the person, not the office, to
determine their constitutional and legal authority to hold the position. The nature of
the writ of quo warranto is to determine the constitutional and legal authority of the
person to hold the office. In this case, the petition was filed against Allas, and the
trial court's decision only applies to him.