ARTICLE VII [EXECUTIVE [EXECUTIVE DEPARTMENT] DEPARTMENT]
Section 17. The President shall have control of all the executive departments, bureaus, and oices. He shall ensure that the laws be faithfully executed. Mondano vs Silvosa !7 Silvosa !7 Phil 1"#$ FACTS: %ose FACTS: %ose &ondano was the mayor of &ainit, Suri'ao. ( complaint was )led a'ainst him him for for rape rape and and conc concub ubin ina' a'e. e. The The infor informa mati tion on reac reache hed d the the (ssis (ssista tant nt *x *xec ecut utiv ive e Secretary who ordered the 'overnor to investi'ate the matter. +onseuently, -overnor erna ernand ndo o Silv Silvos osa a then then summo summone ned d &ond &ondan ano o and and the the latt latter er appe appear ared ed befor before e him. him. Ther Thereaf eafte terr Silv Silvos osa a susp suspen ende ded d &ond &ondan ano. o. &ond &ondan ano o )led )led a peti petiti tion on for for proh prohib ibit itio ion n en/oinin' the 'overnor from further proceedin'. 0n his defense, Silvosa invoed the 2evised (dministrative +ode which provided that he, as part of the executive and by virtue o the order 'iven by the (ssistant *xecutive Secretary, is with 3direct control, direction, and supervision over all bureaus and oices under his /urisdiction . . .4 and to that end 3may order the investi'ation of any act or conduct of any person in the service of any bureau or oice under his 5epartment and in connection therewith may appoint a committee or desi'nate an oicial or person who shall conduct such investi'ations. ISSUE: 6hether or not the -overnor, as a'ent of the *xecutive, can exercise the power of control over a mayor. HELD: o. o. 8ote 8ote that that Silvo Silvosa sa was was asi asin' n' as the the a'en a'entt of the the (ssi (ssist stan antt *x *xec ecut utiv ive e Secretary who ordered him to investi'ate inves ti'ate &ondano9. The +onstitution provides: “The President shall have control of all the executive departments, bureaus, or oices, exercise general supervision over all local governments as may be provided by law, and take care that the laws be faithfully executed.” ;nder this constitutional provision the President has been invested with the power of contro controll of all the executi executive ve depart departmen ments, ts, bureau bureaus, s, or oices oices,, but not of all local governments over over !i !ic! !e !a !as s been been gra rant nted ed onl" onl" t!e #oe #oer r of gene genera rall su#erv su#ervisi ision on as ma" be #rovid #rovided ed b" la$ la$ The The 5epa 5epart rtme ment nt head head as a'en a'entt of the the President has direct control and supervision over all bureaus and oices under his /urisdiction as provided for in section 7!8c9 of the 2evised (dministrative +ode, but he does not have the same control of local 'overnments as that exercised by him over bureaus and oices under his /urisdiction.
ARTICLE VII [EXECUTIVE DEPARTMENT]
0f the provisions of section 7! 8c9 of the 2evised (dministrative +ode are to be construed as conferrin' upon the correspondin' department head direct control, direction, and supervision over all local 'overnments and that for that reason he may order the investi'ation of an oicial of a local 'overnment for malfeasance in oice, such interpretation would be contrary to the provisions of par 1, sec 1=, (rticle 7, of the 1!#> +onstitution. 0n administrative law supervision means overseein' or the power or authority of an oicer to see that subordinate oicers perform their duties. 0f the latter fail or ne'lect to ful)ll them the former may tae such action or step as prescribed by law to mae them perform their duties. +ontrol, on the other hand, means the power of an oicer to alter or modify or nullify or set aside what a subordinate oicer had done in the performance of his duties and to substitute the /ud'ment of the former for that of the latter. The +on'ress has expressly and speci)cally lod'ed the provincial supervision over municipal oicials in the provincial 'overnor who is authori?ed to 3receive and investi'ate complaints made under oath a'ainst municipal oicers for ne'lect of duty, oppression, corruption or other form of maladministration of oice, and conviction by )nal /ud'ment of any crime involvin' moral turpitude.4 (nd if the char'es are serious, 3he shall submit written char'es touchin' the matter to the provincial board, furnishin' a copy of such char'es to the accused either personally or by re'istered mail, and he may in such case suspend the oicer 8not bein' the municipal treasurer9 pendin' action by the board, if in his opinion the char'e be one aectin' the oicial inte'rity of the oicer in uestion.4 Sec @A of the 2evised (dministrative +ode adds nothin' to the power of supervision to be exercised by the 5epartment Head over the administration of municipalities. 0n this case, the 'overnor can only investi'ate &ondano for crimes relatin' to &ondanoBs oice. 0f the issue is not related to his oice but involves a rime of moral turpitude 8such as rape or concubina'e as in this case9, there must )rst be a )nal conviction before a suspension may be issued. The point is, the 'overnor must suspend a mayor not because heBs actin' as an a'ent of the *xecutive but because of the power 'ranted him by the 2evised (dministrative +ode.
