Carmen Planas vs Gil

Carmen Planas Vs. Jose Gil, Commissioner of of Civil Service Service Facts:

Planas was a member of the municipal board of the City of Manila. This case arose because of the publication of a statement made by the Petitioner criticizing the acts of certain government ocials in connection with the general election for Assemblymen. It was published in a !anguardia. The day after the publication of  Planas" Planas" statement# statement# she received received a letter letter from from the Presid President# ent# through through $ecretary $ecretary !argas# ordering her to appear and e%plain herself to the Commissioner of Civil $ervice regarding the statement she made. Planas then contends that the respondent has no &urisdiction to investigate her since it violates Article !II# $ec. '' of the '()* Constitution. $he also said that the President cannot delegate his power to any other person. Issue:

+', -hether or not the respondent has &urisdiction to investigate her. +a,-hether or not the President President can delegate his power to $ec. !argas# !argas# to the Commissioner Commissioner of Civil $ervice# or any other person. person. +, -hether or not the Court has &urisdiction to review the order of the Chief  /%ecutive Held:

+', 0es. The statement she made tend to create a general discontent# and hatre hatred d among among the peopl people e agains againstt their their gover governme nment. nt. The inter interest est of the publi public c service re1uires that these charges be investigated# so that# if found untrue and made without &usti2able motives# the party ma3ing them may be proceeded against in accordance with section 445# in connection with section 567# of the 8evised Administrative Administrative Code. This is essential to render e9ective the authority vested in the President by the Constitution to :ta3e care the laws be faithfully e%ecuted:+$ec ''# par '# Art. !II,. +a, +a, 0es. es. The The pres presid iden entt can can dele delega gate te his his powe powerr. Arti Articl cle e !II !II of the the Consti Constitut tution ion begins begins in its sectio section n ' with with the declar declarati ation on of that that :The :The /%ecu /%ecutiv tive e power shall be vested in a President of the Philippines.: All e%ecutive authority is thus thus vested vested in him. him. The The Const Constitu itutio tion n grant grant him the power power to e%er e%ercis cise e genera generall super supervis vision ion over over all local local gover governme nments nts and ta3e ta3e care care the laws laws to be faithf faithfull ully y e%ecuted# and authorizes him to order an investigation of the act or conduct of any public servants. +, +, ;o. ;o. The The Cour Courtt has has no &uri &urisd sdic icti tion on to revie eview w the the orde orderr of the the Chie Chief  f  /%ecutive under the doctrine of separation of powers.