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REYES when he received a communication from the Office of the President of the
July 28, 1958 | Concepcion, J. | Quo Warranto | Philippines informing him that the President has decided to assume directly
the investigation of the administrative charges against said petitioner for
PETITIONER: Bernardo Hebron alleged oppression, grave abuse of authority and serious misconduct in
RESPONDENT: Eulalio Reyes office. The Provincial Fiscal of said province was designated as Special
Investigator of the said charges. In the interim, petitioner was preventively
SUMMARY: Petitioner and respondent were elected mayor and vice-mayor suspsended and the Vice Mayor was directed to assume the office of Acting
respectively of the Municipality of Carmona in the province of Cavite in the Mayor during said period of suspension.
general elections of 1951. On May 1954, petitioner was preventively suspended 2. Respondent acted as mayor of Carmona and the Provincial Fiscal of Cavite
by the Office of the President due to certain administrative charges lodged against investigated the charges. After holding hearings in connection with said
him. During that period, respondent was directed to assume the office of Acting charges, the provincial fiscal submitted his report thereon on July 15, 1954.
Mayor. Since petitioner remained suspended for more than a year and 7 months Since then the matter has been pending in the Office of the President for
and there was no action on the administrative case, an action for quo warranto was decision. Inasmuch as the same did not appear to be forthcoming, and the
instituted on the ground that respondent was illegally holding and has unlawfully term of petitioner, who remained suspended, was about to expire, on May
refused to surrender the office. The Supreme Court
13, 1955, he instituted the present action for quo warranto, upon the ground
DOCTRINE: Under the present law, the procedure prescribed in sections 2188 to that respondent was illegally holding the Office of Mayor of Carmona, and
2191 of the Revised Administrative Code, for the suspension and removal of the had unlawfully refused and still refused to surrender said office to
municipal officials therein referred to, is mandatory; that, in the absence of a clear petitioner, who claimed to be entitled thereto. Respondent denied the
and explicit provision to the contrary, relative particularly to municipal alleged illegality of petitioners suspension and claimed that the former was
corporations and none has been cited to us said procedure is exclusive; that holding the office of the mayor in compliance with a valid and lawful order
the executive department of the national government, in the exercise of its general of the President.
3. At the hearing of this case, the parties, as well as the Solicitor General and
supervision over local governments, may conduct investigations with a view to
said amici curiae Dean Vicente Sinco and Professor Enrique Fernando,
determining whether municipal officials are guilty of acts or omissions warranting
appeared and argued extensively. Subsequently, they filed their respective
the administrative action referred to in said sections, as a means only to ascertain
memoranda and the case became submitted for decision. The case could not
whether the provincial governor and the provincial board should take such action;
be disposed of, however, before the close of said year, because the members
that the Executive may take appropriate measures to compel the provincial
of the Court could not, within the unexpired portion thereof, reach an
governor and the provincial board to take said action, if the same is warranted, and
agreement on the decision thereon. Although the term of office of petitioner
they failed to do so; that the provincial governor and the provincial board may not
expired on December 31, 1955, his claim to the Office of Mayor of
be deprived by the Executive of the power to exercise the authority conferred
Carmona, Cavite, has not thereby become entirely moot, as regards such
upon them in sections 2188 to 2190 of the Revised Administrative Code; that such
rights as may have accrued to him prior thereto.
would be the effect of the assumption of those powers by the Executive; that said
assumption of powers would further violate section 2191 of the same code, for the
ISSUE: WoN a municipal mayor, not charged with disloyalty to the Republic of the
authority therein vested in the Executive is merely appellate in character. Philippines, may be removed or suspended directly by the President of the
Philippines regardless of the preocedure set forth in Sections 2188 to 2191 of the
Revised Administrative Code NO