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FELIPE REGALADO vs. JOSE YULO
GR.No. L- 42935
FEBRAUARY 15, 1935

This is an action of quo warranto to determine the respective rights of the Felipe Regalado, the petitioner and Esteban T. Villar, one of the respondents to the office of justice of Malinao, Albay.
On April 12, 1906, the petitioner, Felipe Regalado, qualified for the office of justice of the peace of Malinao, Albay. On September 13, 1934, Regalado became sixty-five years of age. Thereafter, acting in accordance with instructions from the Secretary of Justice, the judge of first instance of Albay designated Esteban T. Villar, justice of the peace of Tabaco, Albay, to act as justice of peace of Malinao, Albay. Regalado protest to the office of Villar. On December 17, 1934, Villar qualified for the position and entered upon the discharge of the duties of the office.
The text of section 203 of the Administrative Code, as amended by Act No. 3899, reads in Spanish, the language in which this Act was enacted by the Philippine Legislature,
Petitioner Regalado insists that the law is clear and needs no interpretation. According to him, only those justice of the peace and auxiliary justices of the peace ceased to hold office who had completed sixty-five years of age on or before November 16, 1931, when Act No. 3899 took effect. The Solicitor-General, as attorney for the respondents, admits that the provisions of the second proviso added to section 203 of the Administrative Code by Act No. 3899, are not very specific, but that according to the real intention of the law the only sensible and proper construction that could be place on the proviso in question in that under its provisions all justices of the peace and auxiliary justices of the peace, whether appointed prior to the approval of the Act or subsequent thereto, who had completed the age of sixty-five years of age at the time of the approval of the

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