Mondano v. Silvosa

L-7708, 30 May 1955

FACTS:
The petitioner, Jose Mondano, is the duly elected and qualified Mayor of the Municipality of Mainit, Surigao. On 27 February 1954, Consolacion Vda. De Mosende filed a sworn complaint with the Presidential Complaints and Action Committee accusing him of rape and concubinage which was subsequently indorsed by the Assistant Executive Secretary to the respondent, Fernando Silvosa, Governor of Surigao for immediate investigation, appropriate action and report. On April 10,1954, petitioner appeared, upon summon, before the respondent with the Provincial Board. On the same day, the respondent issued Administrative Order No.8 suspending the petitioner from office, and thereafter, the Provincial Board proceeded to hear the charges against him.

ISSUE:
Whether the indorsement of the complaint, by the Assistant Executive Secretary, to the respondent is legal.


HELD:
Yes because the heads of various executive departments are agents of the President who, constitutionally, have general supervision over local governments, as may be provided by law. “Supervision, in administrative law, means overseeing or the power or authority of an official to see that subordinate officers perform their duties…” The respondent Governor, upon the indorsement of the Assistant Executive Secretary, is only acting as an agent of the President in investigating the petitioner.
L-7708, 30 May 1955