JOSON V.

TORRES
FACTS
1. Petitioner Eduardo Nonato Joson was the Governor of the province of
Nueva Ecija. Private Respondents Oscar C. TInio is the Vice Governor
while Loreto P. Pangilinan, Crispulo S. Esguerra, Solita C. Santos,
Vicente C. Palilio and Napoleon G. Inerior are members of Sangguniang
Panlalawigan (Provincial Council)
2. Respondents complained to the Office of the President regarding the
violent behavior of Governor Joson during a scheduled session of the
Sangguniang Panlalawigan.
a. Governor barged into the hall
b. He angrily kicked the door and chairs in the hall
c. Uttered threatening words at them
d. With the aid of armed men (lol)
3. Respondents (Vice Governor and the councilors) claim that this
behavior of the Governor was due to the respondents opposition to the
governors proposed loan of P150 million from the Philippine National
Bank.
a. Reason: the provincial budget officer and treasurer both
disclosed that Nueva Ecija could no longer afford to contract
another obligation (they have been operating on a budget
deficit).
4. President Ramos noted the complaint and he told the Secretary of
Interior and Local Governments Robert Barbers (SILG Barbers) to take
over the investigation.
5. SILG Barbers made the parties agree to maintain peace and order. But
the governor violated that agreement (didnt say how).
6. Petitioners reiterated their letter complaint. SILG ordered governor to
file an answer pero the governor kept on asking for extensions (kasi
busy daw siya, wala daw siya mahanap na abogado, its chrismas
season, etc etc).
7. Soon enough the SILG got tired of waiting (#hugot) and, after giving
the governor several extensions pero WALA PA RIN NA-FILE NA
ANSWER, assumed that governor was waiving his right to present his
evidence (this is called Order of Default)
8. SILG Barbers and ExecSec Ruben Torres placed governor under
preventive suspension.
9. Governor complained to both CA and DILG about the Order of Default,
and Preventive Suspension. As expected, his motions were
denied/dismissed.
10.
So the Governor filed a petition in the Supreme Court
11.
In essence,
a. Gusto kasi ni governor mangutang sa PNB pero ayaw ng
respondents kasi sabi nila di na daw kaya ng Nueva Ecija na
mangutang pa since marami na silang utang na di pa
nababayaran.

b. Kaya ayon nagdabog si governor (allegedly) with the aid of

armed men lol.
c. Tapos natakot sina VG and konsehal, at nagcomplain sila sa
office of the President.
d. SILG Barbers took over investigation tapos inorder niya na
magfile ng answer to the complaint si Governor
e. Pero governor kept on asking for extensions kasi busy daw siya
pero wala pa rin sya finafile na answer
f. Napikon na sina SILG Barbers and assumed na niwaive na ni
Governor yung right niya to present evidence
g. Inorder ni SILG Barbers yung preventive suspension ni governor
h. Nagcomplain si governor sa Court of Appeals and DILG re: order
of default and preventive suspension
i. Dinismiss yung complaint niya
j. Hence this petition
ISSUE
Whether the DILG Secretary has jurisdiction over the case.
HELD
YES
- Jurisdiction over administrative disciplinary actions against elective
local officials is lodged in two authorit
- ies (by virtue of Administrative Order No. 23)
Disciplining Authority
Investigating Authority
The President, who may also act Secretary of Interior and Local
through the Executive Secretary.
Government
He
can
also
constitute
an
Investigating Committee in the DILG.
Disciplining Authority may also
constitute a Special Investigating
Committee
This power is derived from the This delegated power is derived
Presidents
power
of
general from the alter-ego principle or the
supervision over local governments, doctrine of qualified political agency.
as provided in Section 4, Article
- Because all executive and
10 of the Constitution.
administrative
organizations
- Overseeing or the authority of
are adjuncts of the Executive
an officer to see that the
Department, and all heads of
subordinate officers perform
those
departments
are
their duties
assistant and agents of the
- The power of ensuring that
Chief
Executive,
the
laws are faithfully executed or
multifarious executive and
that subordinate officers act
administrative functions of
within the law.
the
Chief
Executive
are
- Power of supervision goes
performed by and through

hand-in-hand with power of

discipline.
- Power of discipline entails the
authority
to
order
an
investigation.
- AO No 23 delegates his power
of investigation to the DILG.
Or a Special Investigating
Committee
THIS IS NOT DELEGATED.
THIS

the executive departments,

and
the
acts
of
the
Secretaries
of
such
departments,
are
presumptively the acts of
the Chief Executive. (unless
disapproved or reprobated by
the Chief Executive).
IS DELEGATED.

GENERAL RULE: As head of the Executive Department, the President

may delegate some of his powers to the Cabinet members
o EXCEPTIONS:
o When he is required by the Constitution to act in person
o The extingences of the situation demand that he act in person
The President cannot be expected to exercise his control and
supervisory powers personally all the time.
Procedure for administrative complaints
o Disciplining Authority shall issue an order requiring respondent to
submit his verified answer within 15 days from the notice
o After submission of the answer, Discipling Authority shall refer
the case to the Investigating Authority
In the case at bar
o It was the SILG who required petitioner to file an answer, not the
Office of the President
o Strict application of the rules shows that the Office of the
President did not comply with the provisions of AO No 23.
o However, this is merely a procedural defect and is not fatal.