JULIO AGCAOILI vs. ALBERTO
SUGUITAN (Case Digest)
48 Phil. 676 (1926)
Facts:
Julio Agcaoili is the judge of the Court of first instance
of Province of Ilocos Norte. The petitioner
protested the actions of Under Secretary of Justice Luis P. Torres which relinquish
him (petitioner) due to the petitioner’s over age requirement pursuant to the Act
No. 3107, which provides that "justices of the peace shall be appointed to
serve until they have reached the age of 65 years.”
The petitioner patiently waited in vain for a resolution by
the Secretary of Justice of the protest which he presented on the 28th day of
April and on the 7th day of July, 1923; and not having received any reply to
his protest, filed a petition for a writ of quo warranto in the Court of First
Instance of the Province of Ilocos Norte on the 23d day of April, 1925.
Issue:
Whether or not the provision of Act No. 3107, in so far as
it provides that "justices of the peace shall be appointed to serve until
they have reached the age of 65 years," valid and constitutional, when
applied to justices of the peace appointed under Act No. 2041?
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