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    Aguinaldo v. Santos

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    Raymond Roque
    This case involved Rodolfo Aguinaldo, the Governor of Cagayan province, who was suspended and removed from office by the Secretary of the Department of Interior and Local Government for acts of disloyalty during a coup attempt. The Supreme Court upheld the Secretary's powers to suspend and remove local officials as an extension of the President's authority. However, because Aguinaldo was later re-elected as Governor, the Court ruled his re-election condoned any prior misconduct, so he could not be removed from office for actions taken in the previous term. The administrative case was rendered moot by his re-election, though any criminal charges for acts during the coup could still proceed.

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    Aguinaldo v. Santos

    Uploaded by

    Raymond Roque
    557 views2 pages
    This case involved Rodolfo Aguinaldo, the Governor of Cagayan province, who was suspended and removed from office by the Secretary of the Department of Interior and Local Government for acts of disloyalty during a coup attempt. The Supreme Court upheld the Secretary's powers to suspend and remove local officials as an extension of the President's authority. However, because Aguinaldo was later re-elected as Governor, the Court ruled his re-election condoned any prior misconduct, so he could not be removed from office for actions taken in the previous term. The administrative case was rendered moot by his re-election, though any criminal charges for acts during the coup could still proceed.

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    This case involved Rodolfo Aguinaldo, the Governor of Cagayan province, who was suspended and removed from office by the Secretary of the Department of Interior and Local Government for acts of disloyalty during a coup attempt. The Supreme Court upheld the Secretary's powers to suspend and remove local officials as an extension of the President's authority. However, because Aguinaldo was later re-elected as Governor, the Court ruled his re-election condoned any prior misconduct, so he could not be removed from office for actions taken in the previous term. The administrative case was rendered moot by his re-election, though any criminal charges for acts during the coup could still proceed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    557 views2 pages

    Aguinaldo v. Santos

    Uploaded by

    Raymond Roque
    This case involved Rodolfo Aguinaldo, the Governor of Cagayan province, who was suspended and removed from office by the Secretary of the Department of Interior and Local Government for acts of disloyalty during a coup attempt. The Supreme Court upheld the Secretary's powers to suspend and remove local officials as an extension of the President's authority. However, because Aguinaldo was later re-elected as Governor, the Court ruled his re-election condoned any prior misconduct, so he could not be removed from office for actions taken in the previous term. The administrative case was rendered moot by his re-election, though any criminal charges for acts during the coup could still proceed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Aguinaldo v.

    Santos

    Facts:
    Rodolfo Aguinaldo was the duly elected Governor of the province of Cagayan. Shortly after
    the December 1989 coup d'etat was crushed, the Secretary of Local Government sent a telegram
    and a letter, to Aguinaldo requiring him to show cause why he should not be suspended or
    removed from office for disloyalty to the Republic, within forty-eight (48) hours from receipt
    thereof.
    A sworn complaint for disloyalty to the Republic and culpable violation of the Constitution
    was filed by Veronico Agatep, Manuel Mamba and Orlino Agatep, the mayors of the
    municipalities of Gattaran, Tuao and Lasam, all in Cagayan, against Aguinaldo for acts the latter
    committed during the coup.
    In his letter, Aguinaldo denied being privy to the planning of the coup or actively
    participating in its execution, though he admitted that he was sympathetic to the cause of the
    rebel soldiers. The Secretary suspended Aguinaldo from office for 60 days from notice, pending
    the outcome of the formal investigation. During the hearing, Aguinaldo did not present any
    evidence and instead moved that the Secretary inhibit himself, which motion was denied. Later,
    the Secretary rendered a decision finding petition guilty as charged and ordering his removal
    from office. The Vice Governor, Melvin Vargas was installed as Governor.
    In this appeal, the power of the Secretary to suspend officials was repealed by the 1987
    Constitution and that the act of disloyalty committed by Aguinaldo was not proven beyond
    reasonable doubt.
    While the case was pending before the SC, Aguinaldo filed his certificate of candidacy for
    the position of Governor of Cagayan. Three petitions for disqualification were filed against him on
    the ground that he had been removed from office. The Comelec granted the petition. Later, this
    was reversed on the ground that the decision of the Secretary has not yet attained finality and is
    still pending review with the Court. As Aguinaldo won by a landslide margin in the elections, the
    resolution paved the way for his eventual proclamation as Governor of Cagayan.

    Issue:
    WON the Secretary has the power to suspend or remove local government officials as alter
    ego of the President

    Held:
    Yes. Aguinaldo's re-election to the position of Governor of Cagayan has rendered the
    administrative case pending before Us moot and academic. It appears that after the canvassing
    of votes, Aguinaldo garnered the most number of votes among the candidates for governor of
    Cagayan province. As held by this Court in Aguinaldo v. Comelec et al:
    ‘the reelection to office operates as a condonation of the officer's misconduct to the extent of
    cutting off the right to remove him therefor. The Court should never remove a public officer for
    acts done prior to his present term of office. To do otherwise would be to deprive the people of
    their right to elect their officers. When the people have elected a man to office, it must be
    assumed that they did this with knowledge of his life and character, and that they disregarded or
    forgave his fault or misconduct, if he had been guilty of any. It is not for the court, by reason of
    such fault or misconduct, to practically overrule the will of the people.’
    Clearly then, the rule is that a public official can not be removed for administrative
    misconduct committed during a prior term, since his re-election to office operates as a
    condonation of the officer's previous misconduct to the extent of cutting off the right to remove
    him therefor. The foregoing rule, however, finds no application to criminal cases pending against
    Aguinaldo for acts he may have committed during the failed coup.
    The power of respondent Secretary to remove local government of officials is anchored on
    both the Constitution and a statutory grant from the legislative branch. The constitutional basis
    is provided by Articles VII (17) and X (4) of the 1987 Constitution which vest in the President the
    power of control over all executive departments, bureaus and offices and the power of general
    supervision over local governments, and by the doctrine that the acts of the department head
    are presumptively the acts of the President unless expressly rejected by him. 4 The statutory
    grant found in B.P. Blg. 337 itself has constitutional roots, having been enacted by the then
    Batasan Pambansa pursuant to Article XI of the 1973 Constitution, Section 2. A similar provision
    is found in Section 3, Article X of the 1987 Constitution.
    Inasmuch as the power and authority of the legislature to enact a local government code,
    which provides for the manner of removal of local government officials, is found in the 1973
    Constitution as well as in the 1987 Constitution, then it can not be said that BP337 was repealed
    by the effectivity of the present Constitution. Moreover, in Bagabuyo et al. vs. Davide, Jr., BP 337
    remained in force despite the effectivity of the Constitution, until such time as the proposed
    Local Government Code of 1991 is approved.
    The power of he Secretary of the DILG to remove local elective government officials is
    found in Secs. 60 and 61 of BP 337. As to Aguinaldo's argument of the want of authority of the
    Secretary to appoint Melvin Vargas as Governor, We need but point to Section 48 (1) of B.P. Blg.
    337 to show the fallacy of the same. Equally without merit is Aguinaldo's claim that before he
    could be suspended or removed from office, proof beyond reasonable doubt is required
    inasmuch as he is charged with a penal offense of disloyalty to the Republic which is defined and
    penalized under Article 137 of the RPC. Aguinaldo is not being prosecuted criminally under the
    provisions of the RPC, but administratively with the end in view of removing Aguinaldo as the
    duly elected Governor of Cagayan Province for acts of disloyalty to the Republic where the
    quantum of proof required is only substantial evidence.

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