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JOSE MONDANO vs FERNANDO SILVOSA, Provincial Governor of Surigao, (1) rape and concubinage have nothing to do with the

nage have nothing to do with the performance of his


JOSE ARREZA and OLIMPIO EPIS, Members of the Provincial Board (1955) duties as mayor
(2) nor do they constitute or involve" neglect of duty, oppression,
PADILLA, J. corruption or any other form of maladministration of office."

FACTS:
True, they may involve moral turpitude, but before the provincial governor and
P is a duly elected and qualified mayor of the municipality of Mainit, Surigao board may act and proceed in accordance with the provisions of the Revised
Consolacion Vda. De Mosende filed a sworn complaint with the Administrative Code referred to, a conviction by final judgment must precede the
Presidential Complaints and Action Committee accusing him of: filing by the provincial governor of charges and trial by the provincial board.
(1) Rape committed on her daughter Caridad Mosende; and Even the provincial fiscal cannot file an information for rape without a sworn complaint
(2) Concubinage for cohabiting with her daughter in a place other than of the offended party who is 28 years of age and the crime of concubinage cannot be
the conjugal dwelling prosecuted but upon sworn complaint of the offended spouse.
Assistant Executive Secretary indorsed the complaint to the R Provincial
Governor for investigation and appropriate action A local executives personal criminal liability is distinct from the discharge of his duties
P appeared before the provincial governor in obedience to his summons and and responsibilities as a mayor.
was served with a copy of the complaint filed by R
R issued AO No. 8 suspending P from office and later proceeded to hear the Since the investigation was illegal, then the suspension of P as mayor of the
charges against P over his objection municipality of Mainit, is unlawful and without authority of law.
P prays for a writ of prohibition with preliminary injunction to enjoy R from
further proceeding with the hearing of the administrative case and for a
declaration that the order of suspension issued by R is illegal and without Re executive power:
legal effect
Rs answer admits the facts alleged in the petition except those that are Consti Art 7 Sec 10(1): The President shall have control of all the executive
inferences and conclusions of law invoking Revised Administrative Code departments, bureaus, or offices, exercise general supervision over all local govts as
Sex 79(c) which clothes the department head with direct control, direction may be provided by law, and take care that the laws be faithfully executed.
and supervision over all bureaus and offices under his jurisdiction and to
that end may order the investigation of any act or conduct of any person in SC: The Department head as agent of the President has direct control and
the service of any bureau or office under his Department and in connection supervision over all bureaus and offices under his jurisdiction as provided for in RAC
therewith may appoint a committee or designate an official or person who Sec 79(c). If not aka even outside of his jurisdiction, then it would violate Consti Art 7
shall conduct such investigations; and the ruling in Villena vs. Sec of Sec 10 and there wont be any difference between control and supervision anymore.
Interior which upheld the power of the Sec of Interior to conduct at its own
initiative investigation of charges against local elective municipal officials and Supervision overseeing or the power or authority of an officer to see that
to suspend them preventively, on the board proposition that under the subordinate officers perform their duties. If the latter fail or neglect to fulfill them, the
presidential type of govt which we have adopted and considering the former may take such action or step as prescribed by law to make them perform their
departmental organization established and continued in force by Conti Art 7 duties.
Sec 11, all executive and administrative organizations are adjuncts of the
Executive Departments, the heads of the various executive departments are Control means the power of an officer to alter or modify or nullify or set aside what
assistants and agents of the Chief Executive. a subordinate officer had done in the performance of his duties and to substitute the
judgment of the former for that of the latter.
ISSUE: WON the investigation done by the provincial board was unauthorized
and illegal YES In RAC Sec 79 (c), the Congress has expressly lodged the provincial
supervision over municipal officials in the provincial governor who is
SC: authorized to receive and investigate complaints made under oath against
If the indorsement of the Assistant Executive Secretary be taken as a designation of municipal officers for neglect of duty, oppression, corruption or other form of
the provincial governor to investigate the petitioner, then he would only be acting as maladministration of office and conviction by final judgment of any crime
agent of the Executive, but the investigation to be conducted by him would not be that involving moral turpitude. If the charges are serious, he shall submit written
which is provided for in sections 2188, 2189 and 2190 of the Revised Administrative charges touching the matter to the provincial board, furnishing a copy of such charges
Code. The charges preferred against the respondent are not malfeasances or to the accused and he may in such case suspend the officer pending action by the
any of those enumerated or specified in section 2188 of the Revised board, if in his opinion the charge be one affecting the official integrity of the officer in
Administrative Code, because: question.