Mondano v. Silvosa

Mondano v. Silvosa May 30, 1955 | J. Padilla Facts:  

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Mondano was the duly elected and qualified mayor of the municipality of Mainit, Surigao Feb. 27, 1954, Consolacion Vda. De Mosende filed a sworn complaint with the Presidential Complaints and Action Committee accusing Mondano of rape of her daughter and concubinage for cohabiting with her daughter in a place other than the conjugal dwelling (note that the daughter wasn’t a minor) Asst. Exec. Sec. indorsed the complaint to Provincial Governor Silvosa for immediate investigation Mondano appeared in obedience to his summons Silvosa issued an AO suspending Mondano from office and after that, the Provincial Board proceeded to hear the charges against Mondano over his objection Mondano prays for a writ of preliminary injunction to enjoin Silvosa from further proceeding with the hearing of the admin case against him  injunction was issued Silvosa invokes Sec. 79(c) of the RAC which clothes the department head with direct control, direction and supervision over all bureaus and offices under his jurisdiction and to order the investigation of any act or conduct of any person in the service of any bureau or office under his department

Issue: Issue: WON the ordering of the investigation was proper (NO) Ruling: Ruling: 

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The Constitution provides that the President has been invested with the power of control of all the executive departments, bureaus or offices but not of all local governments over which he has been granted only the power of general supervision as may be provided by law The department head as agent of the president, has direct control and supervision over all bureaus and offices under his jurisdiction   but he does not have the same control of local governments as that exercised by him over bureaus and offices under his jurisdiction His authority to order the investigation of any act or conduct of any person under his department is confined to bureaus and offices under his jurisdiction and DOES NOT extend to local governments over which the president exercises only general supervision as may be provided by law. If Sec. 79(c) is construed as conferring control, direction and supervision over all local governments, such interpretation would be contrary to the Constitution where it says that general supervision over all local governments Supervision –  Supervision –  overseeing  overseeing or the power or authority of an officer to see that subordinate officers perform their duties Control –  Control  –  power   power of an officer to alter or modify or nullify or set aside what a subordinate has done in the performance of his duties The Congress has expressly and specifically lodged the provincial supervision over municipal officials in the provincial governor who is authorized to “receive and investigate” complaints made under oath against municipal officers for neglect of duty, oppression, corruption or other form of maladministration Rape and concubinage have nothing to do with the performance of his duties as mayor nor do they constitute neglect of duty, oppression, corruption or any other form of maladministration of office Before a provincial governor and board may act and proceed in accordance with the RAC referred to, a conviction by final judgment must precede the filing by the provincial governor of charges and trial by the provincial board Even the provincial fiscal cannot file an information for rape without a sworn complaint of the offended party who is 28 yrs of age, and the crime of concubinage cannot be prosecuted except upon sworn complaint by the offended spouse.

Judgment: Judgment: Writ of prohibition granted.