G.R. No. 131255 May 20, 1998
HON. EDUARDO NONATO JOSON, in his capacity as the Governor of the Province of Nueva Ecija, petitioner, vs. EXECUTIVE SECRETARY RUBEN D. TORRES, the DEPARTMENT OF THE INTERIOR & LOCAL GOVERNMENTS, represented by SECRETARY ROBERT Z. BARBERS and UNDERSECRETARY MANUEL R. SANCHEZ, MR. OSCAR C. TINIO, in his capacity as Provincial Vice-Governor of Nueva Ecija, and MR. LORETO P. PANGILINAN, MR. CRISPULO S. ESGUERRA, MS. SOLITA C. SANTOS, MR. VICENTE C. PALILIO, and MR. NAPOLEON G. INTERIOR, in their capacity as Provincial Board Members of Nueva Ecija, respondents.

FACTS

On September 17, 1996, private respondents (the Vice-Governor and Provincial Board Members of Nueva Ecija) filed a letter-complaint with the Office of the President charging petitioner Governor Eduardo Nonato Joson with grave misconduct and abuse of authority. They alleged that on September 12, 1996, petitioner belligerently barged into the session hall, kicked the door and chairs, uttered threats, and was accompanied by several armed men, which they claimed was an attempt to intimidate them into approving a proposed P150 million loan. President Fidel V. Ramos noted the complaint and instructed the Secretary of the Interior and Local Government (SILG) to take appropriate preemptive and investigative actions. The DILG notified petitioner of the complaint and directed him to file a verified answer. Petitioner was granted multiple extensions to file his answer. Despite these extensions, petitioner failed to submit his answer. On April 22, 1997, the DILG, through Undersecretary Manuel Sanchez, declared petitioner in default for his failure to file an answer, deeming it a waiver of his right to present evidence. This order was later reconsidered, giving petitioner a final 15-day extension. Petitioner still failed to file his answer and instead filed a Motion to Dismiss on June 24, 1997, challenging the DILG’s jurisdiction and the verification of the complaint. On June 23, 1997, the DILG reinstated the order of default. Subsequently, on July 11, 1997, by authority of the President, Executive Secretary Ruben Torres issued an order placing petitioner under preventive suspension for sixty (60) days pending investigation. Petitioner then filed a petition for certiorari and prohibition with the Court of Appeals, which was later elevated to the Supreme Court.

ISSUE

The primary issue is the validity of the preventive suspension order issued against petitioner Governor Eduardo Nonato Joson.

RULING

The Supreme Court ruled that the preventive suspension order was valid. The Court held that the President, through the Executive Secretary, has the authority to order the preventive suspension of a local official. This power is derived from the President’s power of control over executive departments and the duty to ensure laws are faithfully executed, as provided under Article VII, Section 17 of the 1987 Constitution , and is recognized under the Administrative Code of 1987. The Court further ruled that the DILG properly acquired jurisdiction over the administrative case. The complaint filed with the Office of the President was referred to the DILG, which is the President’s alter ego for local governments, for appropriate action. The Court also found that petitioner’s failure to file his answer despite several extensions warranted his being declared in default. The preventive suspension was a valid exercise of discretion pending investigation, intended to prevent the accused from using his office to influence the proceedings or continue alleged malfeasance. The petition was dismissed for lack of merit.