HERCULANO GRAPILON, petitioner-appellee, vs. MUNICIPAL COUNCIL OF CARIGARA, LEYTE, ET AL., respondents-appellants. [G.R. No.

L-12347 May 30, 1961 DIZON, J.:] TOPIC: Authority of the public officer FACTS: 1. In the 1955 elections, Jose Aguilar and Herculano Grapilon were elected mayor and vice-mayor, respectively, in the municipality of Carigara, Leyte. a. Both qualified and assumed office in accordance with law 2. March 6, 1957: the municipal council, Mayor Aguilar left Carigara for Manila on official business so a. Grapilon inquired from the municipal secretary who then told him that Aguilar did not designate anybody as acting municipal mayor. b. Grapilon informed the secretary "that I assume office as acting municipal mayor effective today and for the duration of his absence pursuant to the provision of Section 2195 of the Revised Administrative Code" 3. Grapilon sent a similar notice to the chief of police of the municipality and to the provincial governor of Leyte. a. he also wrote in his letter that the municipal secretary refused to recognize him as acting mayor b. the provincial governor wrote him a reply stating that , "in the absence of the municipal mayor when such absence is for official purpose he may not leave the office to the vice-mayor and there shall not be an acting mayor" 4. Grapilon filed with the lower court a petition for mandamus praying that judgment be rendered requiring the respondents to a. recognize, submit to, and respect his authority as acting municipal mayor; b. open, unlock and allow his entry into the office of the municipal mayor in the Municipal Hall of Carigara, Leyte; and c. perform their duties according to law and cooperate with their legitimate superior the acting municipal mayor. 5. Respondents filed an answer stating that Grapilon had not been designated as acting municipal mayor, and, therefore, had no right to exercise the rights and prerogatives of said office 6. CAs Ruling: Vice Mayor is entitled to assume and discharge the office of Municipal Mayor in accordance with Sec. 2195 of the Rev. Adm. Code in the absence of the latter without having designated anyone to act as such; and considering that there is no other plain, speedy and adequate remedy in the ordinary course of law to which the petitioner may resort, the special remedy of Mandamus 7. Respondent-appellants contention: mayor Aguilar was in Manila on official business, he was not disabled at all but was actually performing the duties of his office. To allow the vice-mayor to act as acting mayor under such state of facts would lead to the irregular situation of two mayors for the same municipality acting at the same time. ISSUE: W/N Grapilon was entitled to assume the office of municipal mayor of Carigara HELD:

1. Section 2195 of the Revised Administrative Code considers "absence" on the same level as
"suspension" and other forms of temporary disability. a. absence means that it disables the mayor from exercising the powers and prerogatives of his office. b. In the present case, Mayor Aguilar was only physically absent from Carigara but his purpose of leaving was for official business 2. an officer's absence is not such as to warrant the placing of another person temporarily in his place unless said officer is absent on an occasion demanding the immediate exercise of the powers of his office. a. In the present case no proof was shown that there is a demanding immediate and peremptory exercise of the powers of that office either for the preservation of public order or for the enforcement of the laws and ordinances. 3. As decided by the Secretary of the Interior: phrase 'other temporary disability' found in section 2195 of the Code. follows the words 'absence' and 'suspension' and is used as modifier of the two preceding words, under the principle of statutory construction known as ejusdem generis.

a. 'absence' is construed to mean not merely physical absence, but absence which prevents the mayor from the active performance of his duties. b. Secretary of Interiors opinion is not necessarily controlling upon the courts, it must be accorded considerable weight giving as it does the interpretation of the Executive Department for a legal provision affecting the rights of subordinate officials.