7/26/2019 puboff chapter3

1/2

Rodriguez vs. Tan

G.R. No. L-3913 August 7, 1952

Doctrine: A person who has been elected to an ofce, and has been proclaimed by

the corresponding authority, has a right to assume the ofce and discharge its

unctions notwithstanding the protest led against his election, and as a necessary

consequence he has likewise the right to collect and received the salaries and

emoluments thereunto appertaining as a compensation or the salaries he has

rendered.

acts: Eulogio odrigue! claims that "arlos #an usurped his seat in the $enate and

took on the post rom the %ecember &', ()*+ until %ecember ()*) and

continuously collected the salaries, emoluments and privileges attendant to that

ofce amounting to (-,*''. odrigue! led a protest against #an in the $enate

Electoral #ribunal $E#/ and was eventually declared the true winner. odrigue! also

claims that he su0ered damages in the amount o &1,12*.11 or e3penses heincurred in prosecuting the protest.

odrigue! claims that since #an was ound by nal 4udgment to have not been

entitled to the 5fce o the $enate, the latter should reimbursed the ormer the

salaries and emoluments he has received on the ollowing grounds6 (/ because the

salaries and emoluments ollow and are inseparable rom legal title to the ofce and

do not depend on whether the duties o the ofce are discharged or not6 and 2/

because such a rule tends to curb election rauds and lessens the danger and

requency o usurpation or instrusion into the ofce.

5n the other hand #an contends that the rule invoked by odrigue! cannot be

invoked in the present case, since it runs counter to the principle and rule long

observed in this 4urisdiction to the e0ect that one who has been elected to an ofce,

and has been proclaimed by the corresponding authority, has a right to assume the

ofce and discharge its unctions notwithstanding the protest led against his

election, and as a necessary consequence he has likewise the right to collect and

received the salaries and emoluments thereunto appertaining as a compensation

or the salaries he has rendered.

!ssue: 7hether #an can be ordered to reimburse the salaries and emoluments he

has received during his incumbency to odrigue! who has been legally declared

elected by the $enate Electoral #ribunal8

"e#d: 9o

#here is no question that #an acted as a de acto ofcer during the time he held the

ofce o $enator. e was one o the candidates o the ;iberal arty in the elections

o 9ovember ((, ()*+, and was proclaimed as one o those who had been elected

by the "ommission on Elections, and thereater took the oath o ofce and

7/26/2019 puboff chapter3

2/2

immediately entered into the perormance o the duties o the position. aving been

thus duly proclaimed as $enator and having assumed ofce as required by law, it

cannot be disputed that #an is entitled to the compensation, emoluments and

allowances which our "onstitution provides or the position. #his is in keeping with

the ordinary course o events. #his is simple 4ustice. #he emolument must go to the

person who rendered service unless the contrary is provided.