Ganzon v. Court of Appeals

GRN 93252, Aug. 5, 1991


FACTS:
A series of administrative complaints, ten in number, were filed before the Department of Local Government against petitioner Mayor Rodolfo T. Ganzon by various city officials sometime in 1988 on various charges, among them, abuse of authority, oppression, grave misconduct, etc. Finding probable grounds, the respondent Secretary of the Department of Local Government Luis T. Santos issued successive suspensions. The petitioner then instituted an action for prohibition against the secretary in the RTC of Iloilo City where he succeeded in obtaining a writ of preliminary injunction. He also instituted actions for prohibition before the Court of Appeals but were both dismissed. Thus, this petition for review with the argument that the respondent Secretary is devoid, in any event, of any authority to suspend and remove local officials as the 1987 Constitution no longer allows the President to exercise said power.


ISSUE:
Whether or not the President, acting thru the Secretary of Local Government, has the power to suspend, remove, or both, local officials.


HELD:
Yes. It is the considered opinion of the Court that notwithstanding the change in the Constitutional language, the charter did not intend to divest the legislature of its right-or the President of her prerogative as conferred by existing legislation to provide administrative sanction against local officials. The Constitution did not…intend