G.R. No. L-7708 May 30 1955
FACTS:
The Assistant Executive Secretory indorsed the complaint for
rape and concubinage against Mondano, duly elected and qualified mayor of
Mainit, Surigao,to Silvosa, provincial governor of Suriga, for immediate
investigation, appropriate action and report. Silvosa issued an Administrative
Order suspending Mondano from office. Mondano filed a petition for prohibition
enjoining the governor from further proceeding.
ISSUE:
Whether or not the order of suspension by the provincial
governor is illegal.
RULING:
Yes. The Department head as agent of the President has direct control and supervision over all bureaus and offices under his jurisdiction as provided for in Sec. 79(c) of the Revised Administrative Code, but he does not have the same control of local governments as that exercised by him over bureaus and offices under his jurisdiction and does not extend to local governments over which the President exercises only general supervision as may be provided by law. If the provisions of section 79 (c) of the RAC are to be construed as conferring upon the corresponding department head direct control, direction, and supervision over all local governments and that for that reason he may order the investigation of an official of a local government for malfeasance in office, such interpretation would be contrary to the provisions of par 1, sec 10, Article 7, of the 1935 Constitution. If “general supervision over all local governments” is to be construed as the same power granted to the Department Head in sec 79 (c) of the RAC, then there would no longer be a distinction or difference between the power of control and that of supervision.
Yes. The Department head as agent of the President has direct control and supervision over all bureaus and offices under his jurisdiction as provided for in Sec. 79(c) of the Revised Administrative Code, but he does not have the same control of local governments as that exercised by him over bureaus and offices under his jurisdiction and does not extend to local governments over which the President exercises only general supervision as may be provided by law. If the provisions of section 79 (c) of the RAC are to be construed as conferring upon the corresponding department head direct control, direction, and supervision over all local governments and that for that reason he may order the investigation of an official of a local government for malfeasance in office, such interpretation would be contrary to the provisions of par 1, sec 10, Article 7, of the 1935 Constitution. If “general supervision over all local governments” is to be construed as the same power granted to the Department Head in sec 79 (c) of the RAC, then there would no longer be a distinction or difference between the power of control and that of supervision.
Supervision - overseeing or the power or authority of an
officer to see that subordinate officers perform their duties.
Control - power of an
officer to alter or modify or nullify or set aside what a subordinate officer
had done in the performance of his duties and to substitute the judgment of the
former for that of the latter. Such is the import of the provisions of section
79 (c) of RAC.
