GR L 46570; (April, 1939) (Digest)

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G.R. No. L-46570; April 21, 1939
JOSE D. VILLENA, petitioner, vs. THE SECRETARY OF THE INTERIOR, respondent.

FACTS

Petitioner Jose D. Villena, the elected mayor of Makati, Rizal, was suspended from office by the Secretary of the Interior following an investigation by the Division of Investigation of the Department of Justice, which found him allegedly guilty of bribery, extortion, malicious abuse of authority, and unauthorized practice of law. The suspension was recommended to and verbally approved by the President. The Secretary of the Interior then designated a special investigator to formally investigate the charges. Villena filed an original action for prohibition with a prayer for preliminary injunction to restrain the Secretary from proceeding with the investigation, arguing that the Secretary lacked jurisdiction and authority to suspend and investigate him as an elective municipal official.

ISSUE

Whether the Secretary of the Interior has the legal authority to suspend and investigate an elective municipal official like the mayor of Makati for administrative charges.

RULING

No. The Supreme Court granted the petition for prohibition. The power to suspend and remove elective municipal officials is vested by law in the provincial governor and the provincial board, not in the Secretary of the Interior. While the Secretary has general powers of supervision over local governments under the Administrative Code, this does not include the power to directly suspend or investigate elective municipal officials. The specific provisions of Section 2188 of the Revised Administrative Code, which govern the procedure for disciplinary actions against elective municipal officials, prevail over the general powers of the Secretary under Section 79(C). The suspension and investigation conducted by the Secretary were therefore ultra vires and void. The Court ordered the respondent to desist from further proceedings and directed the immediate reinstatement of petitioner Villena to his office as mayor.

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