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    MONDENO Vs SILVOSA

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    sujee
    The respondent provincial governor suspended the petitioner, the duly elected mayor of Mainit, Surigao, based on a complaint accusing him of rape and concubinage. The petitioner argued this suspension was illegal and without legal effect. The Supreme Court ruled the suspension was unlawful, as the charges did not relate to the performance of his duties and were not the type specified in the law as granting the authority to investigate and suspend a mayor. Specifically, the governor did not have the power to suspend the petitioner, as supervision over municipal officials is granted to the provincial board, not the governor individually.

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    MONDENO Vs SILVOSA

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    sujee
    56 views1 page
    The respondent provincial governor suspended the petitioner, the duly elected mayor of Mainit, Surigao, based on a complaint accusing him of rape and concubinage. The petitioner argued this suspension was illegal and without legal effect. The Supreme Court ruled the suspension was unlawful, as the charges did not relate to the performance of his duties and were not the type specified in the law as granting the authority to investigate and suspend a mayor. Specifically, the governor did not have the power to suspend the petitioner, as supervision over municipal officials is granted to the provincial board, not the governor individually.

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    Mondeno vs Silvosa Power of Control

    Original Title

    MONDENO vs SILVOSA

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    The respondent provincial governor suspended the petitioner, the duly elected mayor of Mainit, Surigao, based on a complaint accusing him of rape and concubinage. The petitioner argued this suspension was illegal and without legal effect. The Supreme Court ruled the suspension was unlawful, as the charges did not relate to the performance of his duties and were not the type specified in the law as granting the authority to investigate and suspend a mayor. Specifically, the governor did not have the power to suspend the petitioner, as supervision over municipal officials is granted to the provincial board, not the governor individually.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    56 views1 page

    MONDENO Vs SILVOSA

    Uploaded by

    sujee
    The respondent provincial governor suspended the petitioner, the duly elected mayor of Mainit, Surigao, based on a complaint accusing him of rape and concubinage. The petitioner argued this suspension was illegal and without legal effect. The Supreme Court ruled the suspension was unlawful, as the charges did not relate to the performance of his duties and were not the type specified in the law as granting the authority to investigate and suspend a mayor. Specifically, the governor did not have the power to suspend the petitioner, as supervision over municipal officials is granted to the provincial board, not the governor individually.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    JOSE MONDANO, petitioner, vs.

    FERNANDO SILVOSA, Provincial Governor of Surigao, JOSE ARREZA and


    OLIMPIO EPIS, Members of the Provincial Board, respondents. [G.R. No. L-7708. May 30, 1955]

    Facts:
    Petitioner is the duly elected and qualified mayor of the municipality of Mainit, Surigao.
    Consolacion Vda. de Mosende filed a sworn complaint with the Presidential Complaints and Action Committee accusing him
    of (1) rape committed on her daughter Caridad Mosende; and (2) concubinage for cohabiting with her daughter in a place
    other than the conjugal dwelling.
    Assistant Executive Secretary indorsed the complaint to the respondent provincial governor for immediate investigation,
    appropriate action and report.
    After appearing before the provincial governor, he was issued with Administrative Order No. 8 suspending him from office.

    Issue:
    Whether or not the declaration that the order of suspension issued by the respondent provincial governor is illegal and
    without legal effect.
    Ruling:
    Section 10, paragraph 1, Article VII, of the Constitution provides: "The President shall have control of all the executive
    departments, bureaus, or offices, exercise general supervision over all local governments as may be provided by law, and
    take care that the laws be faithfully executed." Under this provision 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 as provided for in section 79(c) of the Revised Administrative Code, but he does not have the same control of
    local governments as that exercised by him over bureaus and offices under his jurisdiction.
    Likewise, his authority to order the investigation of any act or conduct of any person in the service of any bureau or office
    under his department is confined to bureaus or offices under his jurisdiction and does not extend to local governments over
    which, the President exercises only general supervision.
    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 of office, and conviction by final judgment of any crime
    involving moral turpitude."
    Section 86 of the Revised Administrative Code adds nothing to the power of supervision to be exercised by the Department
    Head over the administration of municipalities.
    In administrative law, supervision means overseeing or the power or authority of an officer to see that subordinate officers
    perform their duties.
    Control, on the other hand, means the power of an officer to alter or modify or nullify or set aside what a subordinate officer
    had done in the performance of his duties and to substitute the judgment of the former for that of the latter.
    Also, the charges preferred against the respondent are not malfeasances or any of those enumerated or specified in section
    2188 of the Revised Administrative Code, because rape and concubinage have nothing to do with the performance of his
    duties as mayor nor do they constitute or involve "neglect of duty, oppression, corruption or any other form of
    maladministration of office."
    The charges preferred against the petitioner, municipal mayor of Mainit, province of Surigao, not being those or any of those
    specified in section 2188 of the Revised Administrative Code, the investigation of such charges by the provincial board is
    unauthorized and illegal. The suspension of the petitioner as mayor of the municipality of Mainit is, consequently, unlawful
    and without authority of law.

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