Documentos de Académico
Documentos de Profesional
Documentos de Cultura
CASTRO
FACTS:
The petitioner files a petition to the Supreme Court for prohibition with
preliminary injunction.
Nicanor G. Salaysay was the duly elected Vice Mayor of San Juan del
Monte, Rizal. In Sept. 1955 the elected Mayor of the said town, namely
Engracio E. Santos, was suspended from his office due to administrative
charges filed against such mayor. The Vice Mayor filled the vacancy by
order of succession. As stated under section 2195 of the Revised
Administrative Code:
ISSUE:
Whether or not elected municipal official was considered resigned when he filed his certificate of
candidacy for an office other than the one he was elected or actually holding?
DECISION:
The petition for prohibition was denied, with cost. The writ of preliminary injunction heretofore
issued was hereby dissolved.