SISON v.

PANGRAMUYEN (1978)

Facts:

Sison files a petition for quo warranto questioning the appointment of Maliwanag as
assistant city assessor on November 1973 by the respondents Commissioner of CSC
and the Mayor of Olongapo City. He claims that he should be the one appointed as per
the next-in rank-rule since his position is Chief Deputy Assessor, a position higher than
Maliwanag. The petition was filed on March 1975, more than a year after the
appointment of Maliwanag.

Held:

The action has prescribed because quo warranto prescribes after 1 year from the time
the cause of action accrues (i.e. questioned appointment). Resort to administrative
remedy does not abate the period for judicial action.