GR 225301 Perlas Bernabe (Digest)
G.R. No. 225301 , June 2, 2020
THE DEPARTMENT OF TRADE AND INDUSTRY, REPRESENTED BY ITS SECRETARY, THE UNDERSECRETARY OF THE CONSUMER PROTECTION GROUP, MEMBERS OF THE SPECIAL INVESTIGATION COMMITTEE, AND THE DIRECTOR OF LEGAL SERVICE, PETITIONERS, VS. DANILO B. ENRIQUEZ, RESPONDENT.
FACTS
The Department of Trade and Industry (DTI) Secretary, through a Special Investigation Committee (SIC), commenced investigation proceedings against respondent Danilo B. Enriquez, a presidential appointee, in April 2016. On May 20, 2016, respondent was served with a “Formal Charge with Preventive Suspension” and filed an answer. He ceased from office on June 30, 2016. The Regional Trial Court (RTC) nullified the formal charges, enjoined the SIC from hearing the case, and ordered respondent’s reinstatement, ruling that the DTI Secretary had no disciplinary authority over a presidential appointee, as such authority resided directly with the President or a delegated office. Petitioners argued that Department Secretaries, as alter egos of the President, possess full disciplinary authority over subordinate officials within their department.
ISSUE
Whether a Department Secretary has full disciplinary authority, including the power to impose penalties, over a subordinate department official who is a presidential appointee.
RULING
No. A Department Secretary, absent due delegation, cannot exercise complete disciplinary authority over a subordinate who is a presidential appointee. The Secretary’s power is limited to investigation and recommendation. The power to impose penalties remains with the President, in line with the principle that the power to remove or discipline is vested in the same authority that holds the power to appoint. This limitation does not divest the Secretary of the power to investigate and, incidental thereto, to preventively suspend such appointee. The investigation against respondent, having been commenced via a Formal Charge prior to his cessation from office, is valid and may proceed. The resulting findings and recommendations should be forwarded to the President for appropriate action. The RTC Decision is reversed and set aside insofar as it failed to recognize this limited investigatory power of the Department Secretary.