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Agcaoili v.


Julio Agcaoili was appointed as justice of the peace of the municipality of Laoag, Ilocos
Norte by Francis Harrison on March 25, 1916, with authority to have and hold the said
office with all the powers, privileges, and emoluments thereinto of right appertaining into
him, subject to the conditions prescribed by law. Agcaoili received a letter from Luis
Torres, Undersecretary of Justice, saying that he should cease to be a justice because he is
now over 65 years old. Justice Agcaoili filled a protest through a letter addressed to the
undersecretary to which he asserted that he will not cease from the office because he was
appointed as justice of peace before the enactment of Act 3107, and he has the right to
hold office during good behaviour. Agcaoili filed protest at Provincial Fiscal of Ilocos
Norte. He waited for a reply but nothing came. So, he filed for a petition for writ of quo
warranto in the CFI of the Province of Ilocos Norte.

issue: WON sec. 216 of act 190 is applicable to the petition for quo warranto


SC held that the rule in question was applicable only to private officials and not to the
justices of peace like the petitioner who were enacted by virtue of act no. 2041. Art. 190
provides remedies for the usurpation of office. with respect to article 216 the sc ruled in
favor of the petitioner




Section 216 provides “Nothing herein contained shall authorize an action against a
corporation for forfeiture of charter, unless the same be commenced within five years
after the act complained of was done or committed; nor shall an action be brought against
an officer to be ousted from his office unless within one year after the cause of such
ouster, or the right to hold the office, arose.”

StatCon maxim: A semicolon is a mark of grammatical punctuation, in the English

language, to indicate a separation in the relation of the thought, a degree greater than that
expressed by a comma, and what follows that semicolon must have relation to the same
matter which precedes it. A semicolon is not used for the purpose of introducing a new
idea. A semicolon is used for the purpose of continuing the expression of a thought, a
degree greater than that expressed by a mere comma. It is never used for the purpose of
introducing a new idea. The comma and semicolon are both used for the same purpose,
namely, to divide sentences and parts of the sentences, the only difference being that the
semicolon makes the division a little more pronounced than the comma.

sec. 1 act no. 2041 amending section 67 of act no. 136

all justices of the peace and auxiliary justices shall hold office during good behavior and
those in office who have not the qualifications required by this act shall continue in office
until their successor is appointed.h kf