Zandueta vs de la Costa; G.R. No. 46267; 28 Nov 1938; 66 Phil 615

in Legal Chyme by

Zandueta vs de la Costa; G.R. No. 46267; 28 Nov 1938; 66 Phil 615

Francisco Zandueta was presiding over the 5th brand of the CFI of Manila. Upon the promulgation of CA 145, he received a new ad interim appointment as judge of First Instance, this time at the fourth judicial district. However, the Commission on Appointment of the national assembly disapproved the aforesaid ad interim appointment. Thereafter, the president appointed Sixto de la Costa as a judge of the 4th judicial district. The appointment was approved by the Commission on Appointment.

Whether or not Zandueta may question the constitutionality of CA 145.

When a judge of First Instance, presiding over a branch of a CFI of a judicial district by virtue of a legal and valid appointment, accepts another appointment to preside over the same branch of the CFI, in addition to another court of the same category, both of which belonged to a new judicial district formed by the addition of another CFI to the old one, enters into the discharge of the functions of his new office and receives the corresponding salary, he abandons his old office and cannot claim to repossess it or question the constitutionality of the law by virtue of which his now appointment has been issued.

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