LGOV Sec 72 | M 5:30pm - 7:30pm
BIÑAS, Jomarie B.
2022-0077
G.R. NO. G.R. No. 93252 DATE August 5, 1991
PONENTE SARMIENTO, J.
CASE TITLE Ganzon v. CA
FACTS ● Mayor Ganzon, mayor of Iloilo City at that time, had 10 administrative
charges filed against him. The charges ranges from sexual harassment,
abuse of authority, violation of the Constitution and etc.
● Some of the complainants in the admin case aver that Mayor Ganzon,
removed them from their position without just cause, due to disputes, led
firemen to hose down people, illegally detained them and etc.
● During the administrative hearing of the first 2 cases held in the Regional
Office of the Department of Local Government in Iloilo City, Mr Ganzon
asked for postponement, this occurred several times but later on, probable
cause was found and a preventive suspension was issued to him.
● Later on a second preventive suspension was also issued to him.
● Due to the two successive suspensions, Mayor Ganzon instituted an
action for prohibition against the respondent Secretary of Local
Government but CA dismissed this petition.
● Later on, the Secretary issued another order, preventively suspending
Mayor Ganzon for the third time in twenty months, and designated
Vice-Mayor Mansueto Malabor as acting mayor.
● Mayor Ganzon in his appeal to the Supreme Court, argues that the
Secretary of Local Government (alter ego of the President) is devoid, in
any event, of any authority to suspend and remove local officials.
ISSUE ● Whether or not local officials of Municipal Corporations/LGUs may be
suspended and/or removed by the President or the President's alter ego.
● YES, Congress and the President or his/her alter ego may suspend local
officials.
● NO, Congress nor the President or his/her alter ego may not remove local
officials from their position without the observance of proper procedure.
RULING ● The Supreme Court ruled that the contention of Mayor Gaznon was
without merit, and the 3 suspension orders of the Secretary to him may be
served, but may no longer be suspended for the other remaining offenses
that were charged to him.
Authority of Congress and of the President to discipline local officials of
municipal corporations/LGUs
● The Supreme Court stated that the changes in made in the 1987
Constitution gave local governments' autonomy from congress and to
break Congress' "control" over local government affairs. But did not,
intend, to deprive the legislature of all authority over municipal
corporations, in particular, concerning discipline.
● Autonomy does not, after all, contemplate making mini-states out of local
government units.
Power of Control of the President over local officials of municipal corporations
● The Supreme Court stated that The President exercises "general
supervision" over them, but only to "ensure that local affairs are
administered according to law." He has no control over their acts in the
sense that he can substitute their judgments with his own.
Local Autonomy of Municipal Corporations/LGUs
● Local autonomy, under the Constitution, involves a mere decentralization
of administration, not of power, in which local officials remain
accountable to the central government in the manner the law may
provide.
● Since local governments remain accountable to the national authority, the
latter may, by law, and in the manner set forth therein, impose
disciplinary action against local officials.
Control vs. Supervision
● The court emphasized that "Control" has been defined as "the power of
an officer to alter or modify or nullify or set aside what a subordinate
officer had done in the performance of his duties and to substitute the
judgment of the former for test of the latter."
● While "Supervision" on the other hand means "overseeing or the power
or authority of an officer to see that subordinate officers perform their
duties.
● However, "investigating" is not inconsistent with "overseeing", although
it is a lesser power than "altering".
● The President and its alter ego does not have the power of control over
local officials, but has the power of supervision.
Thus, the petitions were DISMISSED. The Temporary Restraining Order issued
is LIFTED. The suspensions of the petitioners are AFFIRMED, provided that the
Mayor Rodolfo Ganzon, may not be made to serve future suspensions on
account of any of the remaining administrative charges pending against him.
