G.R. No.

93252 August 5, 1991

RODOLFO T. GANZON, vs.THE HONORABLE COURT OF APPEALS and LUIS T. SANTOS

FACTS:
Rodolfo Ganzon was the then mayor of Iloilo City. 10 complaints were filed against him on grounds of misconduct and
misfeasance of office. The Secretary of Local Government issued several suspension orders against Ganzon based
on the merits of the complaints filed against him hence Ganzon was facing about 600 days of suspension. Ganzon
appealed the issue to the CA and the CA affirmed the suspension order by the Secretary. Ganzon asserted that the
1987 Constitution does not authorize the President nor any of his alter ego to suspend and remove local officials; this
is because the 1987 Constitution supports local autonomy and strengthens the same. What was given by the present
Constitution was mere supervisory power.
ISSUE: Whether or not the Secretary of Local Government, as the President’s alter ego, can suspend and or remove
local officials.
HELD: Yes.
Sec. 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with
respect to component cities and municipalities, and cities and municipalities with respect to component barangays shall
ensure that the acts of their component units are within the scope of their prescribed powers and functions.
The Constitution did nothing more, however, and insofar as existing legislation authorizes the President (through
the Secretary of Local Government) to proceed against local officials administratively, the Constitution contains no
prohibition.

“In administration law supervision means overseeing or the power or authority of an officer to see that subordinate
officers perform their duties. If the latter fail or neglect to fulfill them the former may take such action or step as
prescribed by law to make them perform their duties.

"Supervision" and "investigation" are not inconsistent terms; "investigation" does not signify "control" (which the
President does not have)

Local autonomy, under the Constitution, involves a mere decentralization of administration, not of power, in which
local officials remain accountable to the central government in the manner the law may provide.
Since local governments remain accountable to the national authority, the latter may, by law, and in the manner set
forth therein, impose disciplinary action against local officials.
Sec. 63. Preventive Suspension. — (1) Preventive suspension may be imposed by the Minister of Local Government
if the respondent is a provincial or city official, by the provincial governor if the respondent is an elective municipal
official, or by the city or municipal mayor if the respondent is an elective barangay official.
(2) Preventive suspension may be imposed at any time after the issues are joined, when there is reasonable ground to
believe that the respondent has committed the act or acts complained of, when the evidence of culpability is strong,
when the gravity of the offense so warrants, or when the continuance in office of the respondent could influence the
witnesses or pose a threat to the safety and integrity of the records and other evidence. In all cases, preventive
suspension shall not extend beyond sixty days after the start of said suspension.
(3) At the expiration of sixty days, the suspended official shall be deemed reinstated in office without prejudice to the
continuation of the proceedings against him until its termination. However ' if the delay in the proceedings of the case
is due to his fault, neglect or request, the time of the delay shall not be counted in computing the time of suspension.

Therefore, the Secretary of Local Government, as the alter ego of the president, in suspending Ganzon is exercising
a valid power. He however overstepped by imposing a 600 day suspension. The sole objective of a suspension, as
we have held, is simply "to prevent the accused from hampering the normal cause of the investigation with his
influence and authority over possible witnesses" or to keep him off "the records and other evidence. It is a means, and
no more, to assist prosecutors in firming up a case, if any, against an erring local official. Under the Local Government
Code, it can not exceed sixty days.