Villena v.

Secretary of Interior GR 46570 April 21, 1939 Ponente: Laurel Facts: The respondent Secretary of Interior requested the Division of Investigation of the Department of Justice to conduct an inquiry into petitioners actions. The investigation found that petitioner Villena committed bribery, extortion, malicious abuse of authority and unauthorized practice of law profession. Thereafter, the respondent Secretary of Interior recommended to the Office of the President the suspension of Villena. This recommendation was eventually granted. Thus, Villena was suspended from office. Respondent Secretary of Interior wrote Villena a letter informing the latter the charges and the designation of Emiliano Anonas as the special investigator. Hence, this instant petition. Issue: Whether or not the Secretary of Interior has the power to order investigation and to suspend Mayor Villena Held: Yes. The Secretary of Interior has the power to order investigation and to suspend Mayor Villena. As to the power to order investigation, it was provided in Section 79 (C) of the Administrative Code that Department of Interior was given the authority to supervise bureaus and offices under its jurisdiction. This was interpreted in relation to Section 86 of the same Code which granted the said Department of executive supervision over administration of provinces, municipalities and other political subdivisions. This supervision covers the power to order investigation because supervision implies authority to inquire into facts and conditions in order to render power real and effective. However, unlike this power to order investigation, the power to suspend a mayor was not provided in any law. There was no express grant of authority to the Secretary of Interior to suspend a Mayor. Nevertheless, Section 2188 of the Administrative Code granted the provincial governor the power of suspension. Yet this did not mean that the grant precluded the Secretary of Interior. The power to suspend may be exercised by the President. It follows that the heads of the Department under her may also exercise the same, unless the law required the President to act personally or that situation demanded him so, because the heads of the departments are assistants and agents of the President. This is under the Doctrine of Qualified Political Agency which provides that the acts of the department secretaries, performed and promulgated in the regular course of business, are, unless disapproved or reprobated by the President, presumptively the acts of the President.