Aparri vs CA GR L-30057

Facts:

On January 15, 1960, private respondent approved the following resolution # 13, hereby appointing Mr. Bruno Aparri, as general manager of NARRA, with all the rights, prerogatives and compensations to take effect on January 116, 1960.
On March 15, 1962, the board of directors approved resolution # 24 which stating thereat that the incumbent general manager shall perform his duty up to the close of office hour on March 31, 1962. In accordance with the provisions of section 8, sub-section 2 of RA 1160. It hereby fixes the term of office of the incumbent general manager until march 31, 1962. Petitioner file a mandamus with preliminary injunction with the first instance court. The petition pray for the annulment of the resolution of NARRA board.


Issue:

Whether or not board resolution No. 24 was a removal or dismissal of petitioner without cause.


Held:

It was affirmed that the term of office of petitioner expired on March 31, 1962. It is necessary in each case to interpret the word "Term" with the purview of the statutes so as to effectuate the statutory scheme pertaining to the office under examination. In the case at bar, the term of office is not fixed by law. However, the power to fix the term is rested in the board of directors subject to the recommendation of the office of economic coordination and the approval of the president of the philippines. Resolution No. 24 speaks of no removal but an expiration of the term of office of the petitioner. The statute is undeniably clear. "It is the rule in statutory construction that if the words and phrases of a statute are not obscure or ambiguous. Its meaning and intention of the legislative must be determined from the language employed and where there is no ambiguity in words, there is no room for construction.

The petitioner in this case was not removed before the expiration of his term rather, his right to hold office ceased by the expiration on March 31, 1962, of his term to hold such office.



rhydel dogadle, law student-MSU-Zamboanga Peninsula