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Opinion

Vicente Segovia, Justice of the Peace of Dumanjug, Cebu

CEBUPEDIA - Clarence Paul Oaminal - The Freeman

Vicente Segovia was appointed justice of the peace of Dumanjug, Cebu on January 21, 1907. He continuously occupied the position until he reached the age of  65-years-old. Then he was ordered by the Secretary of Justice to vacate the office on July 1, 1924.

The auxiliary justice of the peace of Dumanjug, Pedro Noel, acted as justice of the peace of the Municipality of Dumanjug as replacement of Segovia.

Vicente Segovia, avoiding public scandal and of opposing physical resistance to the occupancy of his office instituted quo warranto proceedings or an action questioning the legality of the appointment of Pedro Noel as his replacement. In the Court of First Instance where Segovia filed his legal suit, Pedro Noel answered that Segovia being already 65 years old automatically ceased to be justice of the peace.

Judge Adolph Wislizenus (in the early 1900's majority of Court of  First Instance Judges and members of the Supreme Court were Americans, so as in Cebu) ruled in favor of Vicente Segovia and denied the move of Pedro Noel to dismiss the case.

Pedro Noel then appealed the decision of Judge Wislizenus and went to the Supreme Court. The American Associate Justice Malcolm wrote the decision on March 4, 1925. The Supreme Court ruled that the trial court (the court of Judge Wislizenus) was correct in deciding that Vicente Segovia's term as Justice of the Peace did not end when he reached the age of  65. The fact that there was an amendment Act 3107 as an Amendment to the Administrative Code mandating that justice of the peace and auxiliary justice of the peace shall serve until the age of 65 has a prospective effect. It means that Vicente Segovia is not covered by the amendment and he could serve as Justice of the Peace of Dumanjug. Justices of the peace, as the original proviso says that they shall hold office during good behavior.

The contemporaries of Vicente Segovia as Justice of the Peace among others were Antonio Minoza of Argao, appointed on December 13, 1907, Alejandro Lofranco of Asturias, appointed on October 11, 1909, Abden Gonzales of Balamban, appointed on October 13, 1909, Juan Villareal of Boljoon, appointed on January 21, 1907, Ciriaco Distora of Borbon, appointed on December 18, 1906, Justo Lozada of Carcar, appointed on December 24, 1911, Marcelo Semense of Catmon, appointed on July 1, 1905, Juan Singson of Cebu appointed on December 11, 1906 (Singson of all Justices of the Peace in Cebu received the highest salary, he was given a yearly salary of P2,400), Gregorio Corro of Daanbantayan, appointed on November 27, 1901, Antonio Lao of Danao, appointed on July 8, 1905, Mamerto Cabatingan of Liloan, appointed on December 3, 1907, Balbino Cingco of Malabuyoc, appointed on January 21, 1907, Marceliano Echaves of Mandaue, appointed on January 21, 1907.

Vicente Mansueto of Medellin, appointed on September 3, 1910, Gregorio Basalo of Minglanilla, appointed on December 3, 1907, Melecio Lambo of Moalboal, appointed on January 1, 1907, Francisco Veloso of Naga, appointed on July 21, 1909, Aproniano Torres of Pilar, appointed on March 20, 1905, Fulgencio Vega of Pinamungajan, appointed on January 27, 1908, Elias Rosal of Samboan, appointed on January 21, 1907, Isidro Duterte of San Fernando, appointed on December 3, 1907, Pedro Guinanes of San Francisco, appointed on April 14, 1910, Rufo Godinez of San Remigio, appointed on December 18, 1911, Joaquin Ilustrisimo of Sibonga, appointed on January 21, 1907, Carlos Arpon of Tabogon, appointed on November 21, 1907, Luis Hermosa of Talisay, appointed on January 21, 1907, Jose A. Veloso of Tuburan, appointed on October 20, 1908, and Felipe Sotto of Tudela appointed on December 3, 1907.

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ABDEN GONZALES OF BALAMBAN

APPOINTED

CEBU

JUDGE WISLIZENUS

JUSTICE

JUSTICE OF THE PEACE

PEACE

PEDRO NOEL

SEGOVIA

SUPREME COURT

VICENTE SEGOVIA

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