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31: Affirmed by Commission on Appointments November 1955: He received word from Assistant Executive Secretary Enrique Quema, stating that the President had designated Juliano Alba to the position, asking Alajar to turn over the office to Alba. Alba likewise received word of his appointment from Executive Secretary Fred Ruiz Castro. Alajar instituted quo warranto proceedings, stating: 1. Alba usurped the vice mayor office. 2. There was no vacancy at the time of appointment
Vice Mayor of Roxas, Alajar, was replaced by Alba under directions of the President. Alajar contested saying that RA 603 section 8 (which made the vice mayorship tenure not fixed but at the pleasure of the appointing officer) was not constitutional because the constitution didnt allow removal without just cause. Affirmed by lower court. The Supreme Court was still able to interpret the statute in a manner that would make in constitutional they stated the constitution only referred to removal from fixed terms. Since the vice mayorship was never a fixed term, it was merely an expiration of tenure and not removal. RA 603 section 8 did not go against the constitution. Decision reversed. Alba is vice mayor.