Aves v. Joson
REITERATIONFacts
The Antecedents: Benjamin H. Aves, the Municipal Mayor of Peñaranda, Nueva Ecija, filed a petition for certiorari with the Court of First Instance of Nueva Ecija, seeking to nullify an order of preventive suspension for sixty days issued by the Provincial Governor of Nueva Ecija, Eduardo L. Joson, effective July 5, 1968. The Governor had filed an administrative complaint against Mayor Aves for alleged "Official Misconduct" and "Illegal Employment of Municipal Policemen." Respondent Vice-Mayor Demetrio R. Lacuna took his oath as Acting Mayor on July 5, 1968, and assumed office. Procedural History: The Court of First Instance of Nueva Ecija dismissed the petition for certiorari in its decision of August 31, 1968, upholding the Provincial Governor's order. The Petition: Mayor Aves appealed the dismissal to the Supreme Court, arguing that the Provincial Governor lacked the authority to issue the preventive suspension order.
Issue(s)
Whether the Provincial Governor, under the Decentralization Act of 1967, still possesses the authority to order the preventive suspension of a municipal mayor.
Ruling
The Supreme Court reversed the decision of the lower court, granted the petition, and declared the order of preventive suspension null and void. The Court held that the Provincial Governor did not possess the authority to suspend a municipal mayor under the Decentralization Act of 1967.
Ratio Decidendi
On Issue 1: The Supreme Court held that under the Decentralization Act of 1967, the power of preventive suspension of a municipal mayor has been withheld from the provincial governor and may no longer be exercised by him. Applying the precedent of Sarcos v. Castillo, the Court noted that while the former law allowed the governor to order suspension if charges affected an official's integrity, the current law specifically grants this power to the Provincial Board. The Court emphasized the principle that the deliberate selection of language different from an earlier act indicates a legislative intent to change the law. Furthermore, the Court observed that this statutory construction is necessary to minimize the 'evils of partisanship' and prevent the harassment of local officials by their political superiors. The Court stressed that public office is a public trust, and public advantage, not private or partisan benefit, should be the test of official conduct. Therefore, since the Governor acted without statutory authority, the preventive suspension order was issued without jurisdiction and must be nullified.
Main Doctrine
The power of preventive suspension of a municipal mayor has been withheld from the provincial governor and may no longer be exercised by him under the Decentralization Act of 1967.