Hagad v.

Gozo-Dadole

Facts:

On July 22, 1992, criminal and administrative complaints were filed against Mayor Ouano, Vice
Mayor Canete and Councilor Mayol, all public officials of Mandaue City by Councilors
Dionson, Baricede. There respondents were charged with having violated R.A. No. 3019 (Anti-
Graft and Corrupt Practices Act), as amended,Articles 170 (falsification of legislative
documents) and 171 (falsification by public officers) of the Revised Penal Code; and R.A. No.
6713 (Code of Conduct and Ethical Standards of Public Officers). The respondent officials were
allegedly causing alteration of Ordinance No. 018/92 by increasing the allotted appropriation
from P3.5M to P7M without authority from Sangguniang Panlungsod of Mandaue.
The respondent officials prayed for the dismissal of the complaint on the ground that the
Ombudsman supposedly was bereft of jurisdiction to try, hear and decide the administrative case
filed against them since, under Section 63 of the Local Government Code of 1991, the power to
investigate and impose administrative sanctions against said local officials, as well as to effect
their preventive suspension, had now been vested with the Office of the President. On September
1992, a TRO against Hagad was filed and granted to the petitioners by RTC Mandaue to restrain
him from enforcing suspension.

Issue:

Whether or not the Ombudsman under RA 6770 (Ombudsman Act of 1898) has been divested of
his authority to conduct administrative investigations over local elective official by virtue of
subsequent enactment of RA 7160.

Held:

No. The authority of the Ombudsman over local officials pursuant to RA 6770 is not removed by
LG Code of 1991.
There is nothing in the Local Government Code to indicate that it has repealed, whether
expressly or impliedly, the pertinent provisions of the Ombudsman Act. The two statutes on the
specific matter in question are not so inconsistent, let alone irreconcilable, as to compel us to
only uphold one and strike down the other . Well settled is the rule that repeals of laws by
implication are not favored, 16 and that courts must generally assume their congruent
application. The two laws must be absolutely incompatible, and a clear finding thereof must
surface, before the inference of implied repeal may be drawn. The rule is expressed in the
maxim, interpretare et concordare legibus est optimus interpretendi, i.e., every statute must be so
interpreted and brought into accord with other laws as to form a uniform system of
jurisprudence. The fundament is that the legislature should be presumed to have known the
existing laws on the subject and not to have enacted conflicting statutes. Hence, all doubts must
be resolved against any implied repeal, and all efforts should be exerted in order to harmonize
and give effect to all laws on the subject.
The authority to conduct administrative investigation and to impose preventive suspension over
elective provincial or city officials was at that time entrusted to the Minister of Local
Government until it became concurrent with the Ombudsman upon the enactment of R.A. No.
6770, specifically under Sections 21 and 24 thereof, to the extent of the common grant. The
Local Government Code of 1991 (R.A. No. 7160), in fine, did not effect a change from what
already prevailed, the modification being only in the substitution of the Secretary (the Minister)
of Local Government by the Office of the President.