Scribd
Upload
32 views1 page

Aguinaldo vs Santos: Local Gov't Removal

The case involved Governor Aguinaldo who was removed from office by the Secretary of the Department of Interior and Local Government (DILG) after a coup attempt. Aguinaldo argued that the Secretary no longer had the power to remove elected officials under the 1987 Constitution. The issue was whether the Secretary has the power to suspend or remove local government officials as an alter ego of the President. The Supreme Court held that yes, the Secretary has this power based on provisions in the Constitution granting the President power of general supervision over local governments, and this power can be exercised through department heads like the DILG Secretary.

Uploaded by

Xirkul Tupas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
32 views1 page

Aguinaldo vs Santos: Local Gov't Removal

The case involved Governor Aguinaldo who was removed from office by the Secretary of the Department of Interior and Local Government (DILG) after a coup attempt. Aguinaldo argued that the Secretary no longer had the power to remove elected officials under the 1987 Constitution. The issue was whether the Secretary has the power to suspend or remove local government officials as an alter ego of the President. The Supreme Court held that yes, the Secretary has this power based on provisions in the Constitution granting the President power of general supervision over local governments, and this power can be exercised through department heads like the DILG Secretary.

Uploaded by

Xirkul Tupas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Case #99

Aguinaldo vs Santos
Doctrine: It is a constitutional doctrine that the acts of the department
head are presumptively the acts of the President unless expressly
rejected by him.
Facts: Aguinaldo was the duly elected Governor of the province of
Cagayan. After the December 1989 coup dtat was crushed, DILG
Secretary Santos sent a telegram & letter to Governor Aguinaldo
requiring him to show cause why he should not be suspended or
removed from office for disloyalty to the Republic. A sworn complaint
was also filed by Mayors of several municipalities in Cagayan against
Aguinaldo for acts committed during the coup. Aguinaldo denied being
privy to the planning of the coup or actively participating in its
execution, though he admitted that he was sympathetic to the cause
of the rebel soldiers. The Secretary rendered a decision finding petition
guilty as charged and ordering his removal from office. Vice-Governor
Vargas was installed as Governor. Aguinaldo appealed. Aguinaldo filed
a petition for certiorari and prohibition with preliminary mandatory
injunction and/or restraining order with the SC, assailing the decision
of respondent Secretary of Local Government. Petitioner argued that:
(1) that the power of respondent Secretary to suspend or remove local
government official under Section 60, Chapter IV of B.P. Blg. 337 was
repealed by the 1987 Constitution; (2) that since respondent Secretary
no longer has power to suspend or remove petitioner, the former could
not appoint respondent Melvin Vargas as Governor; and (3)
the alleged act of disloyalty committed by petitioner should be proved
by proof beyond reasonable doubt, and not be a mere preponderance
of evidence, because it is an act punishable as rebellion under the
Revised Penal Code.

Issue: WON the Secretary has the power to suspend or remove local
government officials as alter ego of the President

Held:

Yes. The power of the Secretary to remove local government officials is


anchored on both the Constitution and a statutory grant from the
legislative branch. The constitutional basis is provided by Articles VII
(17) and X (4) of the 1987 Constitution which vest in the President
the power of general supervison over local governments.

You might also like