Joson Vs Torres

Joson vs Torres
Facts:
The case at bar involves the validity of the suspension from office of petitioner
Joson as Governor of the province of Nueva Ecija. Private respondent Tinio is the
Vice-Governor of said province while private respondents Pangilinan, Esguerra,
Santos, Palilio and Interior are members of the Sangguniang Panlalawigan.
Respondents filed with the Office of the President a letter-complaint charging
petitioner with grave misconduct and abuse of authority.
Private respondents alleged that in the morning of September 12, 1996, they
were at the session hall of the provincial capitol for a scheduled session of the
Sangguniang Panlalawigan when petitioner belligerently barged into the Hall;
petitioner angrily kicked the door and chairs in the Hall and uttered threatening
words at them; close behind petitioner were several men with long and short
firearms who encircled the area.
Private respondents claim that this incident was an offshoot of their resistance to
a pending legislative measure supported by petitioner that the province of
Nueva Ecija obtain a loan of P150 million from the Philippine National Bank; that
petitioner's acts were intended to harass them into approving this loan.
Private respondents opposed the loan because the province of Nueva Ecija had
an unliquidated obligation of more than P70 million incurred without prior
authorization from the Sangguniang Panlalawigan; that the provincial budget
officer and treasurer had earlier disclosed that the province could not afford to
contract another obligation.
President Ramos noted that the situation of "12 Sep at the Session Hall," i.e., the
refusal of the members of the Sangguniang Panlalawigan to approve the
proposed loan, did not appear to justify "the use of force, intimidation or armed
followers." He thus instructed the then Secretary of the Interior and Local
Governments (SILG) Robert Barbers to "take appropriate preemptive and
investigative actions," but to "break not the peace."
Secretary Barbers proceeded to Nueva Ecija and summoned petitioner and
private respondents to a conference to settle the controversy. The parties
entered into an agreement whereby petitioner promised to maintain peace and
order in the province while private respondents promised to refrain from filing
cases that would adversely affect their peaceful co-existence.
The peace agreement was not respected by the parties and the private
respondents reiterated their letter-complaint.
Petitioner failed to submit an answer so Undersecretary Manuel Sanchez, then
Acting Secretary of the DILG, issued an order declaring petitioner in default and
to have waived his right to present evidence. Private respondents were ordered
to present their evidence ex-parte.
On recommendation of Secretary Barbers, Executive Secretary Ruben Torres
issued an order, by authority of the President, placing petitioner under
preventive suspension for sixty (60) days pending investigation.
Petitioner filed a petition for certiorari and prohibition with the Court of Appeals
challenging the order of preventive suspension and the order of default.
The Court of Appeals dismissed petitioner's petition.
The petitioner elevated the case to the SC questioning the jurisdiction and
authority of the DILG Secretary over the case. He contends that under the law, it
is the Office of the President that has jurisdiction over the letter-complaint and
that the Court of Appeals erred in applying the alter-ego principle because the
power to discipline elective local officials lies with the President, not with the
DILG Secretary.
Issue:
Whether the DILG has jurisdiction over the case?
Held:
Jurisdiction over administrative disciplinary actions against elective local officials is
lodged in two authorities: the Disciplining Authority and the Investigating Authority.
This is explicit from A.O. No. 23, to wit:
Sec. 2.
Disciplining Authority. All administrative complaints, duly
verified, against elective local officials mentioned in the preceding Section
shall be acted upon by the President. The President, who may act through the
Executive Secretary, shall hereinafter be referred to as the Disciplining
Authority.
Sec. 3.
Investigating Authority. The Secretary of the Interior and Local
Government is hereby designated as the Investigating Authority. He may
constitute an Investigating Committee in the Department of the Interior and
Local Government for the purpose.
Pursuant to these provisions, the Disciplining Authority is the President of the
Philippines, whether acting by himself or through the Executive Secretary. The
Secretary of the Interior and Local Government is the Investigating Authority, who
may act by himself or constitute an Investigating Committee. The Secretary of the
DILG, however, is not the exclusive Investigating Authority. In lieu of the DILG
Secretary, the Disciplinary Authority may designate a Special Investigating
Committee.
The power of the President over administrative disciplinary cases against elective
local officials is derived from his power of general supervision over local
governments.
The power of supervision means "overseeing or the authority of an officer to
see that the subordinate officers perform their duties." If the subordinate
officers fail or neglect to fulfill their duties, the official may take such action
or step as prescribed by law to make them perform their duties.
The President's power of general supervision means no more than the power
of ensuring that laws are faithfully executed, or that subordinate officers act
within the law. Supervision is not incompatible with discipline.
And the power to discipline and ensure that the laws be faithfully executed
must be construed to authorize the President to order an investigation of the
act or conduct of local officials when in his opinion the good of the public
service so requires.
The power to discipline evidently includes the power to investigate. As the
Disciplining Authority, the President has the power derived from the Constitution
itself to investigate complaints against local government officials. A.O. No. 23,
however, delegates the power to investigate to the DILG or a Special Investigating

Committee, as may be constituted by the Disciplining Authority.
This is not undue delegation, contrary to petitioner Joson's claim.
The President remains the Disciplining Authority. What is delegated is the
power to investigate, not the power to discipline.
Moreover, the power of the DILG to investigate administrative complaints is
based on the alter-ego principle or the doctrine of qualified political agency.
Under this doctrine, which recognizes the establishment of a single
executive, all executive and administrative organizations are adjuncts of
the Executive Department, the heads of the various executive
departments are assistants and agents of the Chief Executive, and, except
in cases where the Chief Executive is required by the Constitution or law
to act in person or the exigencies of the situation demand that he act
personally, the multifarious executive and administrative functions of the
Chief Executive are performed by and through the executive departments,
and the acts of the Secretaries of such departments, performed and
promulgated in the regular course of business, are, unless disapproved or
reprobated by the Chief Executive presumptively the acts of the Chief
Executive.
This doctrine is corollary to the control power of the President.
o Control is said to be the very heart of the power of the presidency. As
head of the Executive Department, the President, however, may
delegate some of his powers to the Cabinet members except when he
is required by the Constitution to act in person or the exigencies of the
situation demand that he acts personally.
o The members of Cabinet may act for and in behalf of the President in
certain matters because the President cannot be expected to exercise
his control (and supervisory) powers personally all the time. Each head
of a department is, and must be, the President's alter ego in the
matters of that department where the President is required by law to
exercise authority.

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