Planas v Gil

G.R. No. L-46440 January 18, 1939

Laurel, J.:

Facts:

1. The case stemmed from a statement made by petitioner which was published in a newspaper (La Guardia) wherein he criticized certain government officials acts as well as the election of Assemblyman in 1938. Petitioner was a member of the municipal board of Manila.

2. An investigation directed by the authority of the President was conducted by the respondent Commissioner of Civil Service. Hence this petition for prohibition where petitioner contends that respondent lacks the jurisdiction to investigate him and that it violates Art. 7, Sec.11 (1) of the Constitution, as it seeks to remove or suspend him.

ISSUE: W/N the President has the legal authority to order the investigation

YES. Provided the investigation should be in accordance with law.

The constitution grants to the President the powers of control and supervision.  The power to exercise general supervision over all local governments and to take care that the laws be faithfully executed authorizes him to order an investigation of the act or conduct of the petitioner herein.

Supervision is not a meaningless thing. It is an active power. It is certainly not without limitation, but it at least implies authority to inquire into facts and conditions in order to render the power real and effective. If supervision is to be conscientious and rational, and not automatic and brutal, it must be founded upon a knowledge of actual facts and conditions disclosed after careful study and investigation.

The President in the exercise of the executive power under the Constitution may act through the heads of the executive departments. The heads of the executive departments are his authorized assistants and agents in the performance of his executive duties, and their official acts, promulgated in the regular course of business, are presumptively his acts.

The power of removal which the President may exercise directly and the practical necessities of efficient government brought about by administrative centralization easily make the President the head of the administration.