Case Digest no 1 -

CASE DIGEST
G.R. No. L-23226             March 4, 1925
VICENTE SEGOVIA, petitioner-appellee,
vs.
PEDRO NOEL, respondent-appellant.

Provincial Fiscal Diaz for appellant.
Del Rosario and Del Rosario for appellee.
Vicente Zacarias as amicus curiae.


Fact:
Vicente Segovia was appointed justice of the peace of Dumanjug, Cebu, on January 21, 1907. He continuously occupied this position until having passed sixty-five mile- stones, he was ordered by the Secretary of Justice on July 1, 1924, to vacate the office. Since that date, Pedro Noel, the auxiliary justice of the peace has acted as justice of the peace for the municipality of Dumanjug.

Segovia filed a petition for quo warranto proceedings in the Court of First Instance of Cebu to inquire into the right of Pedro Noel to occupy the office of justice of the peace, to oust the latter therefrom, and to procure reinstatement as justice of the peace of Dumanjug.


Issue:
Whether or not Segovia should be reinstated to his office.


HELD:
Yes. But only because the law should not be applied retroactively

A public office is not a contract contrary to how Segovia viewed it in his abandoned theory.

But though there is no vested right in an office, which may not be disturbed by legislation, yet the incumbent has, in a sense, a right to his office. If that right is to be taken away by statute, the terms should be clear in which the purpose is stated.

Even old law still applicable, he can remain his position as judge as long as he maintain good behavior

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