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Opinion

Judge Washington P. Ponce, Opon, Cebu

CEBUPEDIA - Clarence Paul Oaminal - The Freeman

Washington P. Ponce born on February 22, 1908 in Opon (now called Lapu-Lapu City, Cebu), served as the city's judge in the 1960's. He became a lawyer on February 2, 1951.

Atty. Ponce was the Justice of the Peace of Cordova, Cebu. On July 17, 1961. He was designated acting municipal judge of Lapu-Lapu City, then a newly created city, by the Secretary of Justice. On November 6, 1961, he was extended an ad interim appointment as municipal judge of Lapu-Lapu City. On December 29, 1961, his ad interim appointment was certified by the then Boholano President Carlos Polistico Garcia to the Commission on Appointments for confirmation. Having terminated all his pending cases in Cordova as Justice of the Peace, he took his oath of office and assumed the position of municipal judge of Lapu-Lapu City. His salary as acting municipal judge of Lapu-Lapu City from July 17, 1961 to January 15, 1962 was paid by City Treasurer Eugenio E. Vano.

However, on February 8, 1962, the payment of his salary was withheld upon order of Deputy Auditor General Jesus Iriarte who based his action upon the opinion of the Secretary of Justice that the appointment of Judge Washington P. Ponce was withdrawn by the new President, Diosdado Macapagal in Executive Order No. 2 dated December 21, 1961. The order withdrew all the appointments issued by President Carlos P. Garcia because these were considered as "midnight appointments."

On May 9, 1962, Judge Washington's appointment was confirmed by the Commission on Appointments, thus he claimed for the payment of his salary and exhausted all administrative remedies to enforce payment of his salary. Judge Washington went to court. The then Court of First Instance upheld the validity of his appointment and its confirmation by the Commission on Appointments. The trial court said then President Garcia did not acted hastily and without regard to the qualification, but instead he was appointed because of his merit. President Garcia was defeated in the elections on November 14, 1961.

The government appealed the decision of CFI Judge Mateo Camomot who favored the claim of Judge Ponce for the release of his salary as judge. Lapu-Lapu City Treasurer Eugenio E. Vano, City Auditor Fausto dela Cerna, and Jesus Iriarte, the Deputy Auditor General appealed the case to the Supreme Court.

Judge Washington was represented by the famous Cebuano trial lawyer Amado D. Seno and Ramon Barcenilla. The government was represented by Assistant Solicitor General Pacifico P. de Castro and Solicitor Jorge Coquia. The Supreme Court ruled in favor of the ruling of Court of First Instance Judge Mateo Camomot for the release of the salary of Judge Ponce. The decision was written by Justice Teehankee on July 30, 1969.

Judge Washington P. Ponce married Leonora B. Ciriaco on January 1, 1936. Leonora was born on July 1, 1914 and was the daughter of Antonio S. Ciriaco and Nicolaza R. Baltazar. They had 7 children, among them were George, Lilia, Anabelle, Cea, Washington Jr., Elisea, and Rey.

In 1965, the co-Lapu-Lapu City government officials of Judge Washington Ponce, were Mr. Hilario P. Davide, City Schools Superintendent (he was the father of Chief Justice Hilario Davide Jr.), Atty. Miguel Tumulak, City Fiscal, Atty. Amando Amores, City Assessor, Atty. Pedro Oyao, Chief of Police, Dr. Mabini Berdin, City Health Officer, Bernardo Sorono, City Postmaster, Atty. Moises Casal Jr., Secretary to the Municipal Board. The City Councilors were Cesar Berdin, Domingo Berido, Lucio Dehago, Tomas R. Baring, Apolonio Maranga, Eleno Andales, Bienvenido Macasero, and Pedro Baring.

[email protected].

CITY

JUDGE

JUDGE PONCE

JUDGE WASHINGTON

JUDGE WASHINGTON P

LAPU

LAPU-LAPU CITY

PRESIDENT GARCIA

SECRETARY OF JUSTICE

SUPREME COURT

WASHINGTON

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