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    2.01 - Noblejas V Teehankee - Digest by Fatt

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    Kate Garo
    1) Petitioner Noblejas, the Commissioner of Land Registration, was suspended pending investigation by the Secretary of Justice for approving subdivision plans that exceeded original land titles. 2) Noblejas claimed that as a commissioner with the rank and privileges of a judge, he could only be investigated by the Supreme Court. 3) The Supreme Court held that Noblejas's functions as commissioner were executive, not judicial, and interpreting the law to allow only Supreme Court investigation would violate separation of powers by reducing the President's authority over executive officials.

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    2.01 - Noblejas V Teehankee - Digest by Fatt

    Uploaded by

    Kate Garo
    427 views1 page
    1) Petitioner Noblejas, the Commissioner of Land Registration, was suspended pending investigation by the Secretary of Justice for approving subdivision plans that exceeded original land titles. 2) Noblejas claimed that as a commissioner with the rank and privileges of a judge, he could only be investigated by the Supreme Court. 3) The Supreme Court held that Noblejas's functions as commissioner were executive, not judicial, and interpreting the law to allow only Supreme Court investigation would violate separation of powers by reducing the President's authority over executive officials.

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    2.01_noblejas v Teehankee_digest by Fatt

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    1) Petitioner Noblejas, the Commissioner of Land Registration, was suspended pending investigation by the Secretary of Justice for approving subdivision plans that exceeded original land titles. 2) Noblejas claimed that as a commissioner with the rank and privileges of a judge, he could only be investigated by the Supreme Court. 3) The Supreme Court held that Noblejas's functions as commissioner were executive, not judicial, and interpreting the law to allow only Supreme Court investigation would violate separation of powers by reducing the President's authority over executive officials.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    427 views1 page

    2.01 - Noblejas V Teehankee - Digest by Fatt

    Uploaded by

    Kate Garo
    1) Petitioner Noblejas, the Commissioner of Land Registration, was suspended pending investigation by the Secretary of Justice for approving subdivision plans that exceeded original land titles. 2) Noblejas claimed that as a commissioner with the rank and privileges of a judge, he could only be investigated by the Supreme Court. 3) The Supreme Court held that Noblejas's functions as commissioner were executive, not judicial, and interpreting the law to allow only Supreme Court investigation would violate separation of powers by reducing the President's authority over executive officials.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    NOBLEJAS v TEEHANKEE

    G.R. No. L-28790 April 29, 1968 Furthermore, the resolution of a consulta by a Register of Deeds is not a judicial function since
    REYES, J.B.L., Actg. C.J.: it is only conclusive and binding upon all Registers of Deeds and not upon other parties.
    Resolution of consultas are but a minimal portion of his administrative or executive functions
    FACTS: and merely incidental to the latter.

    Petitioner Noblejas is the duly appointed Commissioner of Land Registration. Respondent


    Secretary of Justice coursed to the petitioner a letter requiring him to explain in writing why
    no disciplinary action should be taken against petitioner for "approving or recommending
    approval of subdivision, consolidation and consolidated-subdivision plans covering areas
    greatly in excess of the areas covered by the original titles." Noblejas answered and apprised
    the Secretary of Justice that, the grant of "privileges of a Judge of First Instance" includes by
    implication the right to be investigated only by the Supreme Court. Thereafter, petitioner was
    suspended pending investigation.

    Thus, petitioner applied to SC, reiterating the contentions advanced in his letter to the
    Secretary of Justice, claiming lack of jurisdiction and abuse of discretion, and praying for
    restraining writs.

    ISSUE:
    WON the Commissioner of Land Registration may only be investigated by the Supreme Court,
    in view of the conferment upon him by RA 1151 and Appropriation Laws of the rank and
    privileges of a Judge of the Court of First Instance.

    HELD:
    NO. To adopt petitioner's theory, would mean placing upon the Supreme Court the duty of
    investigating and disciplining all these officials, whose functions are plainly executive, and the
    consequent curtailment by mere implication from the Legislative grant, of the President's
    power to discipline and remove administrative officials who are presidential appointees, and
    which the Constitution expressly placed under the President's supervision and control
    (Constitution, Art. VII, sec. 10[i]).

    If the Legislature had really intended to include in the general grant of "privileges" or "rank
    and privileges of Judges of the Court of First Instance" the right to be investigated by the
    Supreme Court, and to be suspended or removed only upon recommendation of that Court,
    then such grant of privileges would be unconstitutional, since it would violate the
    fundamental doctrine of separation of powers, by charging this court with the administrative
    function of supervisory control over executive officials, and simultaneously reducing pro tanto
    the control of the Chief Executive over such officials.

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