G.R. No. L-6164, March 29, 1912
Juan Marbella vs. Domingo Samson, et al.

FACTS

Juan Marbella was appointed as an election inspector on September 13, 1909, for a term of two years under Act No. 1582 (Election Law). He resigned from this position on February 26, 1910, and his resignation was accepted by the municipal council on March 7, 1910. Subsequently, on March 21, 1910, the municipal president appointed Marbella as lieutenant of police, which the municipal council approved. However, the provincial board, citing Section 15 of Act No. 1582which states that election inspectors “shall be ineligible to be elected or appointed to any other office during their term of office”disapproved the appointment. The provincial board argued that Marbella’s ineligibility persisted even after his resignation, as his two-year term had not expired. Marbella filed a petition for a writ of prohibition to prevent the enforcement of the provincial board’s resolution.

ISSUE

Whether an election inspector who resigns before the expiration of his two-year term remains ineligible for appointment to another office during the remainder of that term under Section 15 of Act No. 1582 .

RULING

Yes. The Supreme Court reversed the lower court’s decision and held that the ineligibility provision in Section 15 of Act No. 1582 applies for the entire two-year term for which an election inspector was appointed, regardless of resignation. The phrase “during their term of office” encompasses the full period of the appointment, not merely the duration of actual service. The Court rejected the interpretation that resignation terminates the disability, emphasizing that the law aims to prevent public officials from using their positions to secure other offices and to remove inducements for vacating their posts. Thus, Marbella’s appointment as lieutenant of police was invalid, and the provincial board acted within its authority in disapproving it. The defendants were absolved from liability, and costs were imposed on the plaintiff.