Aguinaldo vs. Santos

Facts:

Aguinaldo was the duly elected Governor of the province of Cagayan. After the December 1989 coup d’état was crushed, DILG Secretary Santos sent a telegram & letter to Governor Aguinaldo requiring him to show cause why he should not be suspended or removed from office for disloyalty to the Republic. A sworn complaint was also filed by Mayors of several municipalities in Cagayan against Aguinaldo for acts committed during the coup. 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 petitioner from office for 60 days from notice, pending the outcome of the formal investigation. Later, the Secretary rendered a decision finding petition guilty as charged and ordering his removal from office. Vice-Governor Vargas was installed as Governor. Aguinaldo appealed.

Aguinaldo filed a petition for certiorari and prohibition with preliminary mandatory injunction and/or restraining order with the SC, assailing the decision of respondent Secretary of Local Government. Petitioner argued that: (1) that the power of respondent Secretary to suspend or remove local government official under Section 60, Chapter IV of B.P. Blg. 337 was repealed by the 1987 Constitution; (2) that since respondent Secretary no longer has power to suspend or remove petitioner, the former could not appoint respondent Melvin Vargas as Governor; and (3) the alleged act of disloyalty committed by petitioner should be proved by proof beyond reasonable doubt, and not be a mere preponderance of evidence, because it is an act punishable as rebellion under the Revised Penal Code.

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.  

Issues:

1.  WON petitioner's re-election to the position of Governor of Cagayan has rendered the administration case moot and academic

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

3. WON proof beyond reasonable doubt is required before petitioner could be removed from office.

Held:

1. Yes. Aguinaldo’s re-election to the position of Governor of Cagayan has rendered the administrative case pending moot and academic. It appears that after the canvassing of votes, petitioner garnered the most number of votes among the candidates for governor of Cagayan province. The rule is that a public official cannot 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 petitioner for acts he may have committed during the failed coup. 

2. Yes. The power of the Secretary to remove local government 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. It is a constitutional doctrine that the acts of the department head are presumptively the acts of the President unless expressly rejected by him. Furthermore, it cannot be said that BP337 was repealed by the effectivity of the present Constitution as both the 1973 and 1987 Constitution grants to the legislature the power and authority to enact a local government code, which provides for the manner of removal of local government officials. Moreover, in Bagabuyo et al. vs. Davide, Jr., et al., this court had the occasion to state that B.P. Blg. 337 remained in force despite the effectivity of the present Constitution, until such time as the proposed Local Government Code of 1991 is approved. The power of the DILG secretary to remove local elective government officials is found in Secs. 60 and 61 of BP 337. 

3. No. Petitioner is not being prosecuted criminally, but administratively where the quantum of proof required is only substantial evidence. (Aguinaldo vs. Santos, G.R. No. 94115, August 21, 1992)