*n the stren+th of this co%plaint 0resident Ra%on 'a+saysay constituted an in#esti+atin+ co%%ittee to in#esti+ate An+6 An+co and 'r. Auiles . ope?, who was also char+ed in a separate co%plaint with serious %isconduct in office or conduct pre/udicial to the est interest of the State.
%s a result, Collector %n#-%n#co 5as sus"ended from office in the latter "art of )ecemer, 19'. The co%%ittee in its report is reco%%endin+ that a s(spension o$ 18 "6s, 4itho(t p6, e i%posed upon An+6An+co char+eale a+ainst the period of his suspension.
*n April 1, 1&K7, "ollector An+6An+co was reinstated to his office y Secretary @ernande?, ut the decision on the ad%inistrati#e case a+ainst hi% re%ained pendin+ until the death of 0resident 'a+saysay. A$ter ro(n" three 6ers fro% the ter%ination of the in#esti+ation durin+ which period An+6 An+co had een dischar+in+ the duties of his office, E5ec(tive
Secretr6 Nt'io /. Csti''o, 26 (thorit6 o$ the /resi"ent, ren"ere" "ecision on the cse on Fe2r(r6 1&, 1:<; $in"in) An)An)co K)(i't6 o$ con"(ct preJ("ici' to the 2est interest o$ the serviceK, n" consi"erin) hi* resi)ne" e$$ective $ro* the "te o$ notice, 4ith preJ("ice to reinstte*ent in the (re( o$ C(sto*s .
An+6An+co wrote a letter to 0resident "arlos 0. arcia callin+ attention to the fact that the ction ten 26 Secretr6
Csti''o in re*ovin) hi* $ro* o$$ice h" the e$$ect o$ "eprivin) hi* o$ his stt(tor6 ri)ht to hve his cse ori)in''6 "eci"e" 26 the Co**issioner o$ Civi' Service, s 4e'' s o$ his ri)ht o$ ppe' to the Civi' Service or" o$ Appe's, 4hose "ecision (n"er Rep(2'ic Act No. &&<; is $in', 2esi"es the $ct tht s(ch "ecision is in vio'tion o$ the )(rnt6 vo(chs$e" 26 the Constit(tion to o$$icers or e*p'o6ees in the civi' service )inst re*ov' or s(spension e5cept $or c(se in the *nner provi"e" 26 '4.
e5ec(tive 2rnch o$ the )overn*ent over "*inistrtive *tters $''in) (n"er their J(ris"iction cnnot "ivest the /resi"ent o$ his po4er o$ contro' nor "i*inish the s*e.
@ence, after e-haustin+ all the ad%inistrati#e re%edies a#ailale to hi% to secure his reinstate%ent to the office fro% which he was re%o#ed without any #alid cause or in #iolation of his ri+ht to due process of law, "ollector An+6An+co filed efore this "ourt the present petition for certiorari, prohiition and %anda%us with a petition for the issuance of a preli%inary %andatory in/unction. The "ourt +a#e due course to the petition, ut denied the reuest for in/unction.
Fcts !shortc(t version hehehe#
0epsi6"ola 4ar ast Trade $e#elop%ent "o., 8nc. wrote a letter to the Secretary of "o%%erce and 8ndustry reuestin+ for special per%it to withdraw certain co%%odities fro% the custo%s house not co#ered y "entral !ank release certificate. @owe#er after the lon+ process of infor%in+ and askin+ for per%issions fro% the different offices, that pointed at each other for actions on the afore%entioned letter, it was decided that the release of such concentrates e +ranted. "ollector of "usto%s, An+6An+co, acted while he is still in dout and authori?ed the release of the concentrates upon pay%ent of the correspondin+ duties, custo%s char+es, fees and ta-es. Bhen "o%%issioner of "usto%s 'anuel 0. 'anahan learned of the release of the concentrates in uestion, he i%%ediately ordered their sei?ure ut only a ne+li+ile portion thereof re%ained in the warehouse. Bhereupon, he filed an ad%inistrati#e co%plaint a+ainst "ollector of "usto%s An+6An+co char+in+ hi% with ha#in+ co%%itted a +ra#e ne+lect of duty and oser#ed a conduct pre/udicial to the est interest of the custo%s ser#ice.
Iss(es !2se" s cse#
8n a letter dated 4eruary 1;, 1&;H, Secretary "astillo, also y authority of the 0resident, denied the reuest for reconsideration. Cot satisfied with this resolution, "ollector An+6An+co sent a %e%orandu% to 0resident arcia reiteratin+ once %ore the sa%e +rounds on which he predicated his reuest for reconsideration. A+ain Secretary "astillo, also y authority of the 0resident, in letter dated uly 1, 1&;H, denied the appeal. 8n this instance, Secretr6 Csti''o sserte" tht
the /resi"ent virt(e o$ his po4er o$ contro' over '' e5ec(tive "eprt*ents, 2(re(s n" o$$ices, cn te "irect ction n" "ispose o$ the "*inistrtive cse in H(estion ins*(ch s the provisions o$ '4 tht 4o('" see* to vest $in' (thorit6 in s(2or"inte o$$icers o$ the
BFC -ecuti#e Secretary Catalio 0. "astillo in actin+ on his case by authority of the President (in the sense of considerin+ An+6An+co as resi+ned fro% notice thereof), vio'te" the
)(rnt6 vo(chs$e" 26 the Constit(tion to o$$icers n" e*p'o6ees in the c'ssi$ie" service in tht he cte" in vio'tion o$ Section 1< !i#, Sec 1@ !2# n" Sec 3& o$ the Civi' Service Act o$ 1:8: , n" o$ Section >, Artic'e 7II o$ o(r Constit(tion
in Iss(e WN the /resi"ent hs the po4er to te "irect ction on the cse o$ petitioner even i$ he 2e'on)s to the
