Hilario Davide Sr., the fighting school superintendent

Hilario Davide (father and namesake of Chief Justice Hilario Davide Jr.) was a district supervisor in Mactan District, comprising the municipalities of Opon and Cordova, Province of Cebu. Hilario held this position for 14 years, when on June 17, 1961, upon the effectivity of Republic Act 3134, the Municipality of Opon was converted into the City of Lapu-Lapu, and providing among other positions, that of City Superintendent of Schools.

On November 6, 1961, President Carlos Polistico Garcia extended an ad interim appointment to Hilario Davide Sr. as City Superintendent of Schools of the City of Lapu-Lapu. The appointment of Hilario Sr. was transmitted to the Commission on Appointments on December 26, 1961 for confirmation. On May 3, 1962, the Commission confirmed his appointment. Hilario Sr. was notified of his confirmation on May 17, 1962 and on May 26, 1962, he took his oath of office immediately.

As a consequence thereof, the Division Superintendent of Schools of Cebu no longer exercised control and supervision over the schools within the territorial jurisdiction of Lapu-Lapu City. The appointment of Hilario Davide Sr. was recognized by the Director of Public Schools and the Bureau of Civil Service.

In the annual budget for the City of Lapu-Lapu for 1962-1963, an appropriation was made for the City Superintendent of Schools for the period of May 27 to June 30, 1962. On June 25, 1962, the Director of Public Schools wrote the Secretary of Education informing him that the budget of Lapu-Lapu City did not carry an item for the position of City Superintendent of Schools although such a position was provided in the national budget beginning July 1, 1962. The Director of Schools question was referred to the Office of the President and on August 9, 1962, the Assistant Executive Secretary informed the Secretary of Education that the ad interim appointment of Hilario Sr. had not been released by the Office of the President as it was affected by Administrative Order No. 2 dated December 31, 1961 issued by President Diosdado Macapagal which withdrew, recalled, and declared without effect all ad interim appointments extended by President Garcia.

President Garcia lost in his re-election bid in 1961 to President Macapagal, who recalled all the appointments of his opponent calling it as midnight appointments. President Garcia's wife (Leonila) was the sister of the last municipal mayor of Opon and the first city mayor of Lapu-Lapu, Mariano Dimataga.

With the opinion of the Office of the President, the Secretary of Education called the attention of the Director of Public Schools to authorize the Division Superintendent of Schools of Cebu, Fructuoso R. Yanson to exercise supervision and administration over all schools in Lapu-Lapu City. An order was also given that Davide desist from performing the duties as City Superintendent of Schools of Lapu-Lapu City.

Davide, to protect his position, filed a petition for mandamus with prayer for preliminary injunction with the Court of First Instance of Cebu which on October 8, 1962 declared that Davide as de jure City Superintendent of Schools as his appointment was valid and stopping the Director of Public Schools from exercising supervision over the schools in Lapu-Lapu City.

The Director of Public Schools and Secretary of Education appealed the decision of the Court of First Instance of Cebu upholding the appointment of Davide before the Supreme Court. The Supreme Court on October 13, 1975 said the fact that Direct of Public Schools recognized the appointment of Davide and thus not part of those appointments declared as invalid as they were midnight appointments.

One of the legal counsels of Hilario Sr. was his son, Hilario G. Davide, who became a lawyer on March 3, 1960, a young lawyer then fought for his father's right.