RODOLFO E. AGUINALDO, vs. HON. LUIS SANTOS, as Secretary of the Department of Local Government, and MELVIN VARGAS, as Acting Governor of Cagayan.
- G.R. Number: G.R. No. 94115
- Promulgated: 1992-08-21
- Ponente: Nocon, J.
Doctrine
The Secretary of Local Government's asserted power to dismiss local elective officials under the cited provisions of B.P. Blg. 337 was held invalid after the effectivity of the 1987 Constitution (basis of the petition).
Recognized statutory or administrative grounds for dismissal include disloyalty, culpable violation of the Constitution, dishonesty, oppression, misconduct or neglect of duty, offenses involving moral turpitude, abuse of authority, and unauthorized absence for three consecutive months.
Facts
Petitioner Rodolfo E. Aguinaldo filed a petition for certiorari and prohibition with preliminary mandatory injunction and/or restraining order challenging his dismissal as Governor of Cagayan by the Secretary of Local Government.
Aguinaldo was the duly elected Governor of Cagayan in the local elections of 17 January 1988 for a four-year term and took his oath around March 1988.
Issues
Whether the Secretary of Local Government retained the power to dismiss local government officials under Section 14, Article I, Chapter 3 and Sections 60 to 67, Chapter 4 of Batas Pambansa Blg. 337 after the effectivity of the 1987 Constitution.
Ruling
The petition is GRANTED; the decision of the Secretary of Local Government dated 19 March 1990 dismissing petitioner as Governor of Cagayan is REVERSED.
Keywords
G.R. No. 94115, certiorari and prohibition with preliminary mandatory injunction and/or restraining order, Department of Local Government, Batas Pambansa Blg. 337, Local Government Code, 1987 Constitution, disloyalty to the Republic, culpable violation of the Constitution, suspension or removal from office, rebellion under the Revised Penal Code, certificate of candidacy, disqualification cases, Commission on Elections, temporary restraining order, moot and academic, Pascual v. Provincial Board of Nueva Ecija, offenses committed during a previous term, removal from office, disqualification from holding office, secretary