MACALINCAG V.

CHANG the automatic assumption of the assistant municipal treasurer or next in rank officer
G.R. No. 96058 / May 6, 1992 / PARAS, J. / Disciplinary Actions / EFHDy in case of suspension of the municipal treasurer
NATURE PETITION for review on certiorari of decision of RTC  Accordingly, there appears to be no question that the Order of Preventive
PETITIONERS Victor C. Macalincag and Lorinda M. Carlos Suspension of respondent Chang became effective upon his receipt thereof, which is
RESPONDENTS Roberto E. Chang presumed when he filed a complaint in the trial court preventing the implementation
of such Order of Suspension. Otherwise stated, the designation of the OFFICER-
SUMMARY. Municipal treasurer was preventively suspended. RTC ruled that until his IN-CHARGE to replace respondent Chang is immaterial to the effectivity of
replacement is designated, the suspension cannot take effect. SC held that designation of the latter’s suspension. A contrary view would render nugatory the very
the replacement is not a requirement to give effect to the preventive suspension. Also, the purpose of preventive suspension.
law provides for the automatic assumption by the assistant municipal treasurer in case the
municipal treasurer is unable to discharge his duties. 2. WON EO 392 deprived the Secretary of Finance the authority to preventively suspend
DOCTRINE. Under Sec. 41 of PD 807, designation of the replacement is not a requirement a municipal treasurer. – NO.
to give effect to the preventive suspension.  Earlier, prior to Executive Order No. 392, the power to appoint the aforesaid public
officials was vested in the Provincial Treasurers and Assessors of the Municipalities
FACTS. concerned, under P.D. No. 477 and later transferred to the Commissioner of Finance
 Respondent Chang is the municipal treasurer who was preventively suspended by petitioner under P.D. No. 921, but under both decrees, the power of appointment was made
Macalincag (Undersecretary of Finance) and the order was signed by petitioner Carlos subject to Civil Service Laws and the approval of the Secretary of Finance.
(Executive Director, Bureau of Local Government).  Verily, the intention of the aforesaid legislations to follow the Civil Service Laws,
 The suspension was due to an administrative charge against Chang for dishonesty, neglect Rules and Regulations is unmistakable.
of duty and acts prejudicial to the best interest of the service.  Correspondingly, the power to discipline is specifically vested under Sec. 37 of
 Chang filed for a writ of preliminary injunction w/ the RTC, w/c was granted. P.D. No. 807 in heads of departments, agencies and instrumentalities, provinces
 RTC ruled that the suspension order cannot be implemented yet since the and chartered cities who have original jurisdiction to investigate and decide on
appointment of the acting municipal treasurer was yet to be done (there was no matters involving disciplinary action. Stated differently, they are the proper
replacement designated). disciplining authority referred to in Sec. 41 of the same law.
 Also by virtue of EO 392, w/c gave rise to the creation of the Metropolitan Manila  The Office of the Municipal Treasurer is unquestionably under the Department of
Authority (MMA) and vested in the President of the Republic of the Philippines Finance as provided for in Sec. 3, P.D. No. 477. Hence, the Secretary of Finance is
the power to appoint municipal treasurers in Metro Manila. As the power to the proper disciplining authority to issue the preventive suspension order. More
suspend and remove a municipal official is an incident of the power to appoint, it specifically acting Secretary of Finance, Macalincag, acted within his jurisdiction in
is the President who may suspend or remove him. issuing the aforesaid order.
 Hence, this petition for review on certiorari.  By and large, even assuming that the power to appoint, includes the power to
discipline as argued by Chang, acting Secretary Macalincag as Secretary of Finance
ISSUES & RATIO. is an alter ego of the President and therefore, it is within his authority, as an alter
1. WON a replacement is needed for the preventive suspension to take effect. – NO. ego, to preventively suspend respondent Chang.
 Preventive Suspension is governed by Sec. 411 of P.D. 807 or the Civil Service Law
 It will be noted that under the aforesaid law, designation of the replacement is not a DECISION.
requirement to give effect to the preventive suspension. Petition GRANTED. RTC decision NULLIFIED.
 On the contrary, Batas Pambansa Blg. 337, otherwise known as the Local
Government Code, provides in Section 156 2, Article 5, Chapter 3, Title II thereof for

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“SEC. 41. Preventive Suspension.—The proper disciplining authority may preventively
suspend any subordinate officer or employee under his authority pending an
investigation, if the charge against such officer or employee involves dishonesty,
oppression or grave misconduct, or neglect in the performance of duty, or if there
are reasons to believe that the respondent is guilty of charges which would
warrant his removal from the service.”
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“SEC. 156. TEMPORARY DISABILITY.—In the event of inability of the treasurer to
discharge the duties of his office on account of a trip on official business, absence on
leave, sickness, suspension, or other temporary disability, the assistant municipal
treasurer or, in his absence, the treasury official next in rank in the municipality
shall discharge the duties of the office subject to existing laws.”