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2.24.2012

CARMEN PLANAS v. JOSE GIL


Facts:
Petitioner , a member of the municipal board of the City of Manila, criticized the acts of certain government officials in connection with the general election for Assemblymen held on November 8, 1938 in one of the local dailies. The statement as published in the issue of La Vanguardia of November 17, 1938, included the following statements:

“… In Manila, the opposition should have won the November 8 elections, but lost instead because of a disastrous division due to people who commercialized their candidacies.
"The Constitution prohibits the reelection of the President precisely so that the President may devote all his time to the administration of public affairs for the welfare of the people, but the President was the first to play politics. Publicly expressing his preference for candidates of his liking; and with the President all other officials of the government also moved, taking part in electoral campaigns.
"With the government machinery feverishly functioning to flatten the opposition and prevent candidates supported by the people from going to the National Assembly, and with frauds and violations of all rules of the civil service to push to victory the candidates of the Nacionalista Party and the administration, all constructive opposition in the country is useless ...
"… It is reasonable to believe that the President is from this moment paving the way for his reelection. It is to be feared that the new National Assembly will change this wise provision of our Constitution to permit the reelection of President Manuel L. Quezon."

The day following the publication of the foregoing statement, the petitioner received a letter, where she is informed that she needs to appear before the Commisioner of Civil Service to prove her statements otherwise she may be suspended or removed from office.

At the appointed time, the petitioner, accompanied by her counsel, appeared at the office of the respondent and delivered to him a letter, Annex B, in which she voiced objection to the authority of the respondent to conduct the investigation. The respondent Commissioner did not desist from proceeding with the investigation, but announced before adjourning the hearing of November 22nd that he would decide the question raised as to his jurisdiction on November 26, 1938.

It was at this state of the investigation that the petitioner filed in this court her original petition for prohibition of November 25, 1938, in which she at the same time prayed for the issuance of a writ of preliminary injunction enjoining the respondent commisioner from continuing with the investigation.

Issues:
  1. WON the courts have jurisdiction over this case
  2. WON the president has the power to order the investigation
  3. WON the investigation is in accordance with the law

Ratio/Holding: The petition is hereby dismissed, with costs against the petitioner.

1. Yes.

In the present case, the President is not a party to the proceeding. The Commissioner of Civil Service is the party respondent and the theory is advanced by the Government that because an investigation undertaken by him is directed by authority of the President of the Philippines, this court has no jurisdiction over the present proceedings instituted by the petitioner, Carmen Planas. The argument is farfetched. A mere plea that a subordinate officer of the government is acting under orders from the Chief Executive may be an important averment, but is neither decisive nor conclusive upon this court. Like the dignity of his high office, the relative immunity of the Chief Executive from judicial interference is not in the nature of a sovereign passport for all the subordinate officials and employees of the Executive Department to the extent that at the mere invocation of the authority that it purports the jurisdiction of this court to inquire into the validity or legality of an executive order is necessarily abated or suspended.

Not infrequently, "the writ is granted, where it is necessary for the orderly administration of justice, or to prevent the use of the strong arm of the law in an oppressive or vindictive manner, or a multiplicity of actions." (Dimayuga and Fajardo vs. Fernandez [1922]) This court, therefore, has jurisdiction over the instant proceedings and will accordingly proceed to determine the merits of the present controversy.

2. Yes.

It is not denied that the President did authorize the issuance of the order, but it is contended "that the said investigation with a view to petitioner's suspension or removal is against Article VII, sec. 11 (1) of the Constitution of the Philippines and is not warranted by any statutory provision." (Par. XV [b], amended petition.) It, therefore, becomes necessary to inquire into the constitutional and legal authority of the President to order the investigation which has given rise to the present controversy.

A perusal of our Constitution will show that extensive authority over the public service is granted the President of the Philippines. Article VII of the Constitution begins in its section 1 with the declaration that "The Executive power shall be vested in a President of the Philippines." All executive authority is thus vested in him, and upon him devolves the constitutional duty of seeing that the laws are "faithfully executed." (Art. VIII, sec. 11, subsec. 1, last clause.) In the fulfillment of this duty which he cannot evade, he is granted specific and express powers and functions. (Art. VII, sec. 11.) In addition to these specific and express powers and functions, he may also exercise those necessarily implied and included in them. (Myers vs. United States [1926]) The National Assembly may not enact laws which either expressly or impliedly diminish the authority conferred upon the President of the Constitution. (Cf. Concepcion vs. Paredes [1921]) The Constitution provides that the President "shall have control of all the executive departments, bureaus, and offices" (Art. VII, sec. 11 [1], first clause) and shall "exercise general supervision over all local governments as may be provided by law" (Ibid, second clause). This power of control and supervision is an important constitutional grant. The President in the exercise of the executive power under the Constitution may act through the heads of the executive departments.

Independently of any statutory provision authorizing the President to conduct an investigation of the nature involved in this proceeding, and in view of the nature and character of the executive authority with which the President of the Philippines is invested, the constitutional grant to him of power to exercise general supervision over all local governments and to take care that the laws be faithfully executed must be construed to authorize him to order an investigation of the act or conduct, of the petitioner herein. Supervision is not a meaningless thing. It is an active power. It is certainly not without limitation, but it at least implies authority to inquire into facts and conditions in order to render the power real and effective. If supervision is to be conscientious and rational, and not automatic and brutal, it must be founded upon a knowledge of actual facts and conditions disclosed after careful study and investigation.

Viewed from the totality of powers conferred upon the Chief Executive by our Constitution, we should be reluctant to yield to the proposition that the President of the Philippines who is endowed with broad and extraordinary powers by our Constitution, and who is expected to govern with a firm and steady hand without vexatious or embarrassing interference and much less dictation from any source, is yet devoid of the power to order the investigation of the petitioner in this case. We should avoid that result.

The deliberations of the Constitutional Convention show that the grant of the supervisory authority to Chief Executive in this regard was in the nature of a compromise resulting from the conflict of views in that body, mainly between the historical view which recognizes the right of local self-government (People ex rel. Le Roy vs. Hurlbut [1871]) and the legal theory which sanctions the possession by the state of absolute control over local governments (Booten vs. Pinson, [1915]). The result was the recognition of the power of supervision and all its implications and the rejection of what otherwise would be an imperium in, imperio to the detriment of a strong national government.

Apart from the constitutional aspect, we find that section 64 of the Administrative Code of 1917 provides as follows:

"In addition to his general supervisory authority, the Governor-General (President) shall have such specific powers and duties as are expressly conferred or imposed on him by law and also, in particular, the powers and duties set forth in this chapter.
"Among such special powers and duties shall be:
* * * * * * *
"(c) To order, when in his opinion the good of the public service so requires, an investigation of any action or the conduct of any person in the Government service, and in connection therewith to designate the official, committee, or person by whom such investigation shall be conducted."
This provision of the law, in existence before the taking effect of the Constitution, still subsists. It is not inconsistent with the Constitution and has not been abrogated or repealed by the National Assembly. (See sec. 2, Art. XV, Constitution.)

3. Yes.

The interest of the public service requires that these charges be investigated, so that, if found to be true, appropriate action may be taken against the parties alleged to have been guilty of illegal acts, and if found untrue and made without justifiable motives, the party making them may be proceeded against in accordance with section 2440, in connection, with section, 2078, of the Revised Administrative Code." Assuming that this is not one of the grounds provided by law for which the petitioner may be investigated administratively (sec. 2078, Rev. Adm. Code), there is weight in the argument that the investigation would still be in order if for no other purpose than to cause a full and honest disclosure of all the facts so that, if found proper and justified, appropriate action may be taken against the parties alleged to have been guilty of the illegal acts charged. The enforcement of the law and the maintenance of peace and order are primarily an executive obligation. The declaration that the President should "take care that the laws be faithfully executed" is more an imposition of an obligation than a conferment of power. His oath requires him to "faithfully and conscientiously fulfill" his duties as President, "preserve and defend" the Constitution and "execute" the law. This duty of the Executive to see that the laws be faithfully executed is not limited to the enforcement of legislative acts or the express terms of the Constitution but also includes the due enforcement of rights, duties, obligations, prerogatives and immunities growing out of the Constitution itself and of the protection implied by the nature of the government under the Constitution. (Cunningham vs. Neagle)

We are vigilantly alive to the necessity of maintaining and protecting the constitutional guaranty of freedom of speech and of the press, no less than the right of assembly and petition which, according to Stimson (The American Constitution As It Protects Private Rights, 152), is its origin rather than its derivation. In the present case, however, the petitioner is not denied the right, nor is she being investigated because she had exercised that right. She has a perfect right to criticize the Government, its administration, its policies and officials, but she may not, on the plea of freedom of speech and of the press, impute violations of law and the commission of frauds and thereafter fold her arms and decline to face an investigation conducted to elicit the truth or falsity of the charges formulated by her. Otherwise, the guarantee which, in the language of Wendell Phillips, is "at once the instrument, and the guarantee, and the bright consummate flower of all liberty" would degenerate into an unbridled license, and render the Government powerless to act.

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