-CASE DIGEST-
SUBJECT: LAW ON PUBLIC CORPORATION
GANZON VS CA
G.R. No. 93252
August 5 1991
Topic: President's Power of General Supervision; Power to Discipline LGU Officials
FACTS:
Rodolfo Ganzon was the then mayor of Iloilo City. 10 complaints were
filed against him on grounds of misconduct and misfeasance of office. Ganzon,
after having been issued three successive 600-day of suspension order by
Secretary of Local Government, filed a petition for prohibition with the CA to
bar DILG Secretary Santos from implementing the said orders. Ganzon asserted
that the 1987 Constitution does not authorize the President nor any of his
alter ego to suspend and remove local officials; this is because the 1987
Constitution supports local autonomy and strengthens the same.
ISSUE:
Whether or not the Secretary of Local Government (as the alter ego of
the President) has the authority to suspend and remove local officials.
RULING: YES.
The Constitution contains no prohibition and as existing legislation
authorizes the President (through the Secretary of Local Government), he can
proceed against local officials administratively. Although the Chief Executive
has no control powers, he is not banned from exercising acts of disciplinary
authority since local governments remain accountable to the national authority.
The president may impose disciplinary, as prescribed by law, an action against
local officials when they fail or
neglect to fulfill their duties. "Supervision" and
"investigation" are not inconsistent terms: "investigation" does not signify
"control".
In those case that this Court denied the President the power (to
suspend/remove) it was not because that the President cannot exercise it on
account of his limited power, but because the law lodged the power elsewhere.
The Court ruled in not precluding the President, through the Secretary
of Interior from exercising a legal power, yet the Court is of the opinion that
the Secretary of interior is exercising that power oppressively, and with a
grave abuse of discretion. He overstepped by imposing a three successive 600
day suspension. By imposing 600 days of suspension, Mayor Ganzon is to spend
the rest of his term in inactivity. It is also to make, to all intents and
purposes, his suspension permanent.
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