G.R. No. 206249 - ROMMEL V. DEL ROSARIO, VS. EVA T. SHAIKH.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the instant petition for mandamus is hereby DENIED for lack of merit. [18] Aggrieved, Shaikh elevated an appeal before the CA. Ruling of the CA In its Decision dated September 7, 2012, the CA reversed and set aside the RTC's November 4, 2009 Decision and ruled that Shaikh is entitled to the salaries and emoluments of the office she held as a de facto officer. The appellate court held that there was no de jure officer occupying the de jure office during Shaikh's term as a de facto officer. Further, considering that Shaikh actually attended the sessions of the Sangguniang Bayan of Bagac, it becomes ministerial for the concerned municipal officers of Bagac to give her the salaries, emoluments, and other benefits due her. Thus, the CA opined that Mayor Del Rosario, Vice-Mayor Teopengco, and Bontuyan unlawfully neglected the performance of their respective duties by refusing to pay Shaikh the salaries, emoluments, and other benefits which she is entitled. to. The dispositive portion of the CA Decision provides: WHEREFORE , in view of the foregoing, mandamus on Appeal is hereby GRANTED . The November 4, 2009 Decision of the RTC of Balanga City, Bataan, Branch 1, is REVERSED and SET ASIDE. Accordingly, respondents are hereby ordered to release the salaries, emoluments and benefits due to Eva T. Shaikh for the period she actually rendered her services as ex-officio member of the Sangguniang Bayan of Bagac, Bataan. SO ORDERED.