Dizon v. Dollete
REITERATIONFacts
The Antecedents: Fermin Adraneda, a policeman, and Guillermo Balintos, a special agent, of Samal, Bataan, were charged with frustrated homicide. Governor Pedro R. Dizon directed the Municipal Mayor of Samal, Artemio Saldaña, to suspend Adraneda and Balintos, citing Section 4 of Republic Act No. 557 as mandatory. Mayor Saldaña failed to comply, prompting the Governor to issue further demands and warnings of administrative action. Procedural History: Due to the Mayor's continued refusal, Governor Dizon filed administrative charges against Mayor Saldaña for neglect of duty and violation of law before the provincial board. Subsequently, the Governor issued Executive Order No. 1, suspending Mayor Saldaña for thirty days and appointing the Vice-Mayor as acting mayor. The acting mayor then suspended patrolman Adraneda. Mayor Saldaña filed an action for prohibition with preliminary injunction, and the Court of First Instance of Bataan issued an order enjoining the Governor from proceeding with the suspension or ordering the Mayor's reinstatement. The motion for reconsideration was denied. The Petition: Governor Dizon and Provincial Commander Olimpio Manalang filed a petition for certiorari with preliminary injunction to set aside the orders of the respondent judge, asserting the legality of Mayor Saldaña's suspension.
Issue(s)
Whether a provincial governor may suspend a municipal mayor pursuant to Section 2188 of the Revised Administrative Code for the latter's refusal to suspend a policeman charged with a criminal offense. Whether the refusal of a municipal mayor to immediately suspend a policeman accused in court of a felony, as mandated by Section 4 of Republic Act No. 557, constitutes neglect of duty and affects the mayor's official integrity.
Ruling
The Supreme Court set aside the orders of the lower court, declared Executive Order No. 1 suspending Mayor Saldaña legal, and made the preliminary injunction permanent. The Court ruled that the provincial governor has the authority to suspend a municipal mayor under the given circumstances.
Ratio Decidendi
On the issue of the provincial governor's authority to suspend a municipal mayor: The Court held that Section 2188 of the Revised Administrative Code empowers a provincial governor to suspend a municipal officer pending action by the provincial board if the charge affects the official integrity of the officer. The refusal of Mayor Saldaña to comply with the mandatory suspension of a policeman charged with a felony, as required by Section 4 of Republic Act No. 557, constituted neglect of duty and a violation of law. Such acts undoubtedly involve and affect the official integrity of the mayor, thus falling within the governor's supervisory authority. The Court emphasized that the governor acted not solely on a complaint but on his own initiative based on the mayor's disregard of the law and lawful orders. On the mandatory nature of Section 4 of Republic Act No. 557: The Court found that Section 4 of Republic Act No. 557 clearly mandates the immediate suspension of a member of the police force accused in court of any felony or violation of law by the provincial fiscal. The law makes no exception, and its mandatory character is underscored by the provision for payment of salary to the accused if acquitted. The Court reiterated its previous holding that local executives are bound to suspend police members charged with crime, serving the purpose of preventing victimization and intimidation of witnesses. The respondent mayor's adamant refusal to comply with this mandatory provision, despite repeated demands, amounted to a clear neglect of duty and violation of law, which directly impacts his official integrity.
Main Doctrine
A provincial governor may suspend a municipal mayor for neglect of duty or violation of law, particularly when the mayor refuses to comply with the mandatory suspension of a police officer charged with a felony, as such refusal affects the official integrity of the mayor.