GR L 3779; (July, 1950) (Digest)
G.R. No. L-3779; July 25, 1950
ANDRES FRANCIA, as Auditor for the City of Manila, petitioner, vs. POTENCIANO PECSON, Judge of the Court of First Instance of Manila, and ABELARDO SUBIDO, Chief, Division of Investigation, Office of the Mayor, City of Manila, respondents.
FACTS
A fraudulent attempt to withdraw P5,300.75 from Manila City funds via a forged voucher was discovered. City Auditor Andres Francia had countersigned the check. Abelardo Subido, as Chief of the Division of Investigation of the Mayor’s Office and a Special Counsel appointed by the Secretary of Justice, demanded an explanation from Francia and later issued a subpoena duces tecum to compel his appearance and document production. When Francia refused, Subido threatened to use his “police power” to have him arrested. Francia filed a petition for prohibition and preliminary injunction in the Court of First Instance, arguing Subido had no legal authority to investigate him or issue subpoenas. The trial judge denied the preliminary injunction, recognizing Subido’s authority. Francia elevated the case to the Supreme Court.
ISSUE
Whether respondent Abelardo Subido, as Chief of the Division of Investigation and a Special Counsel, has the legal authority to conduct an administrative investigation, administer oaths, and issue compulsory processes like subpoenas against the City Auditor.
RULING
No. The Supreme Court granted the petition, annulled the trial court’s order, and made the preliminary injunction permanent. The Court held that Subido’s powers as an investigator for the mayor are limited to gathering proofs and presenting them to the City Fiscal. He has no statutory authority to administer oaths, take testimony, or issue subpoenas in his own name. Such powers must be expressly conferred by law, which they were not. His threat to use “police power” to arrest Francia without a court warrant was a clear excess of authority. The orders and processes issued by Subido were without legal basis and therefore not binding on the petitioner.
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