Ganzon vs Court of Appeals 200 SCRA 271 2.
Whether or not the Secretary of Local
RODOLFO T. GANZON, petitioner, vs. THE Government acted with grave abuse of discretion in
HONORABLE COURT OF APPEALS, and LUIS T. the manner by which he suspended petitioner.
SANTOS, respondents. G.R. No. 93252. August 5,
Ruling:
1991. MARY ANN RIVERA ARTIEDA, petitioner, vs.
HON. LUIS SANTOS, ET. AL G.R. No. 93746. August 1. Yes. It is the considered opinion of the Court that
5, 1991. notwithstanding the change in the constitutional
language, the charter did not intend to divest the
Facts:
legislature of its right—or the President of her
The petitioners are the Mayor of Iloilo City (G.R. Nos. prerogative as conferred by existing legislation to
93252 and 95245) and a member of the provide administrative sanctions against local
Sangguniang Panglunsod thereof (G.R. No. 93746), officials. It is our opinion that the omission (of “as
respectively. The petitions of Mayor Ganzon may be provided by law”) signifies nothing more
originated from a series of administrative than to underscore local governments ‘autonomy
complaints, ten in number, filed against him by from congress and to break Congress’ “control” over
various city officials sometime in 1988, on various local governments affairs. The Constitution did not,
charges, among them, abuse of authority, however, intend, for the sake of local autonomy, to
oppression, grave misconduct, disgraceful and deprive the legislature of all authority over
immoral conduct, intimidation, culpable violation of municipal corporations, in particular, concerning
the Constitution, and arbitrary detention. During the discipline.
pendency of the charges, Respondent Secretary of
2. It is noteworthy that under the Charter, “local
Department of Local Government issued a
autonomy” is not instantly self- executing, but
preventive suspension order for a period of sixty (60)
subject to, among other things, the passage of a
days. Later on, when a prima facie evidence was
local government code, a local tax law, income
found to exist in the arbitrary detention case filed by
distribution legislation, and a national
Pancho Erbite so the respondent ordered the
representation law, and measures designed to
petitioner’s second preventive suspension dated
realize autonomy at the local level. It is also
October 11, 1988 for another sixty (60) days. Amidst
noteworthy that in spite of autonomy, the
the two successive suspensions, Mayor Ganzon
Constitution places the local governments under the
instituted an action for prohibition against the
general supervision of the Executive. It is
respondent Secretary of Local Government (now,
noteworthy finally, that the Charter allows Congress
Interior) in the Regional Trial Court, Iloilo City, where
to include in the local government code provisions
he succeeded in obtaining a writ of preliminary
for removal of local officials, which suggest that
injunction. Presently, he instituted CA-G.R. SP No.
Congress may exercise removal powers, and as the
16417, an action for prohibition, in the respondent
existing Local Government Code has done, delegate
Court of Appeals Meanwhile, on May 3, 1990, the
its exercise to the President.
respondent Secretary issued another order,
preventively suspending Mayor Ganzon for another 3. Yes. Suspension is not a penalty and is not unlike
sixty days, the third time in twenty months, and preventive imprisonment in which the accused is
designating meantime Vice-Mayor Mansueto held to insure his presence at the trial. In both cases,
Malabor as acting mayor. It is the petitioners’ the accused (the respondent) enjoys a presumption
argument that the 1987 Constitution no longer of innocence unless and until found guilty
allows the President, as the 1935 and 1973 Suspension finally is temporary and as the Local
Constitutions did, to exercise the power of Government Code provides, it may be imposed for
suspension and/or removal over local officials. The no more than sixty days. As we held, a longer
provision in question reads as follows: Sec. 4. The suspension is unjust and unreasonable, and we
President of the Philippines shall exercise general might add, nothing less than tyranny. WHEREFORE,
supervision over local governments. Provinces with premises considered, the petitions are DISMISSED.
respect to component cities and municipalities, and The Temporary Restraining Order issued is LIFTED.
cities and municipalities with respect to component The suspensions of the petitioners are AFFIRMED,
barangays shall ensure that the acts of their provided that the petitioner, Mayor Rodolfo Ganzon,
component units are within the scope of their may not be made to serve future suspensions on
prescribed powers and functions. account of any of the remaining administrative
charges pending against him for acts committed
Issue:
prior to August 11, 1988. The Secretary of Interior is
1. Whether or not the Secretary of Local ORDERED to consolidate all such administrative
Government, as the President’s alter ego, can cases pending against Mayor Ganzon. The sixty-day
suspend and/or remove local officials. suspension against the petitioner, Mary Ann Rivera
Artieda, is AFFIRMED.
