G.R. No. L-46570 April 21 1939
FACTS:
Division of Investigation of the DOJ, upon the request of
the Secretary of the Interior, conducted an inquiry into the conduct of the
Villena, mayor of Makati, Rizal, as a result of which the latter was found to
have committed bribery, extortion, malicious abuse of authority ad unauthorized
practice of the law profession. The respondent recommended the suspension of
Villena to the President of the Philippines, in which it was verbally granted.
The Secretary then suspended Villena from office. Villena filed a petition for
preliminary injunction against the Sec. to restrain him and his agents from proceeding
with the investigation.
ISSUE:
Whether or not the Secretary of the Interior has
jurisdiction or authority to suspend and order investigation over Villena.
RULING:
The Secretary of Interior has the power to order
investigation and to suspend Mayor Villena. As to the power to order
investigation, it was provided in Section 79 (C) of RAC that Department of
Interior was given the authority to supervise bureaus and offices under its
jurisdiction. This was interpreted in relation to Section 86 of the same Code
which granted the said Department of executive supervision over administration
of provinces, municipalities and other political subdivisions. This supervision
covers the power to order investigation because supervision “implies authority
to inquire into facts and conditions in order to render power real and
effective.”However, unlike this power to order investigation, the power to
suspend a mayor was not provided in any law. There was no express grant of
authority to the Secretary of Interior to suspend a Mayor. Nevertheless,
Section 2188 of the Administrative Code granted the provincial governor the
power of suspension. Yet this did not mean that the grant precluded the
Secretary of Interior.
The Doctrine of Qualified Political Agency which provides
that “the acts of the department secretaries, performed and promulgated in the
regular course of business, are, unless disapproved or reprobated by the
President, presumptively the acts of the President.” The power to suspend may
be exercised by the President. It follows that the heads of the Department
under her may also exercise the same, unless the law required the President to
act personally or that situation demanded him so, because the heads of the
departments are assistants and agents of the President.
