GR L 12366; (July, 1959) (Digest)
G.R. No. L-12366; July 24, 1959
Carmelo L. Porras, in his capacity as Mayor of the City of Davao, petitioner-appellee, vs. Monebrio F. Abellana, respondent-appellant.
FACTS
Carmelo L. Porras, the Mayor of Davao City, directed the Chief of Police, Monebrio F. Abellana, to relieve Capt. Petronilo S. Cariaga from his position as finance and supply officer of the police department and assign him to field duty. This order was issued following newspaper reports of anomalies committed by officers under the finance and supply officer’s custody. The Chief of Police refused to comply, prompting the Mayor to file a petition for mandamus. The Court of First Instance of Davao granted the petition, ordering the Chief of Police to execute the Mayor’s order. The Chief of Police appealed, arguing that the Mayor’s power of control under the city charter does not extend to infringing upon the specific powers and duties of the Chief of Police regarding the organization and disposition of the police force, that such powers are discretionary and not compellable by mandamus, and that the Mayor had an alternative remedy under Republic Act No. 557 .
ISSUE
Does the power of control vested in the Mayor of Davao City under Section 9 of Commonwealth Act No. 51 (the city charter) authorize him to order the Chief of Police to relieve and transfer a police officer within the department?
RULING
Yes. The Supreme Court affirmed the lower court’s decision. The Mayor’s power of control, as defined in administrative law, includes the authority to alter, modify, nullify, or set aside the actions of a subordinate officer and to substitute his own judgment. This power, vested in the Mayor as the chief executive with immediate control over the executive and administrative functions of city departments under Section 9 of the charter, encompasses the authority to order the transfer of a police officer within the police department. The Court rejected the appellant’s arguments. First, the duty of the Chief of Police to obey the Mayor’s order is ministerial, as expressly mandated by Section 21(d) of the charter, which requires the Chief of Police to “promptly and faithfully execute all orders of the Mayor,” making it compellable by mandamus. Second, the investigation procedure under Republic Act No. 557 is not an adequate or speedy alternative remedy, as it pertains to formal charges against police members, not to the Mayor’s exercise of administrative control to address irregularities. Therefore, the Mayor acted within his authority in ordering the transfer.