2008-23240 | Quilala, Paolo Mikael E. | Puboff | Atty. Dizon-Reyes

Lacson v Roque

facts There was a radio broadcast in which Mayor Lacson criticized the court due to their acquittal of a Deputy Chief of

Police in a criminal prosecution for malversation of public property The statement:

o "I have nothing but contempt for certain courts of justice. . . . I tell you one thing (answering an interrogator), if I have the power to fire Judge Montesa (the trial judge) I will fire him for being incompetent, for being an arrogant . . . an ignoramus."

The judge filed a complaint for libel and contempt against the Mayor The president suspended him pending resolution of the case.

Issue: Can the president suspend Lacson? No

Ratioo The president’s power to suspend the Mayor is confined to disloyalty to the Republic or for the other causes

stipulated in section 2078 of the Revised Administrative Codeo As Applied: Suspension due to libel charges is outside the bounds of express or unwritten law.o There is no statutory nor constitutional provision granting the President authority to remove municipal officials. o According to Article VII, Section 10, paragraph (1) of the Constitution:

o the President "shall . . . exercise general supervision over all local governments," but supervision does not contemplate control. (People vs. Brophy)

o The President's supervisory authority over municipal affairs disqualified by the proviso " as may be provided by law," a clear indication of constitutional intention that the provision was not to be self- executing but requires legislative implementation.

o Section 64 (b) of the Revised Administrative Code in conferring on the Chief Executive power to remove specifically enjoins that the said power should be exercised conformably to lawo It means that removals must be accomplished only for any of the causes and in the fashion prescribed by law

and the procedure.

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