05 - Hebron vs Reyes

Facts:
This is a quo warranto proceeding case filed by a suspended mayor against the acting mayor
of Carmona, Cavite.
In 1951, petitioner Bernardo Hebron was elected Mayor while respondent Eulalio Reyes was
elected Vice Mayor, of Carmona, Cavite. The term was for four years beginning from January
1952.
In 1954, Hebron received a letter from the Office of the President suspending him from office
which was to last until the final termination of the administrative proceedings against him. In
the letter he was advised that Reyes was to assume office during the period of the
suspension as acting mayor.
After holding hearings in connection with said charges, the provincial fiscal submitted his
report thereon on July 1954. Since then the matter has been pending in the Office of the
President for decision. Inasmuch as the same did not appear to be forthcoming, and the
term of petitioner, who remained suspended, was about to expire, he instituted the present
action.
Issue: Whether a municipal mayor, not charged with disloyalty to the Republic of the
Philippines, may be removed or suspended directly by the President of the Philippines,
regardless of the procedure set forth in sections 2188 to 2191 of the Revised Administrative
Code.
Held: No.
Petitioner: Respondent was illegally holding the Office of Mayor of Carmona, and had
unlawfully refused and still refused to surrender said office to petitioner, who claimed to be
entitled thereto.
Respondent and Solicitor General: Respondent was holding the office of the mayor in
compliance with a valid and lawful order of the President.
The President has the power to suspend Hebron through section 79(c) of the Revised
Administrative Code. Section 79(C) was inserted in the Administrative Code by Act No. 3535,
passed by the Philippine Legislature, during the American regime, in line with section 22 of
the Jones Law, pursuant to which "all Executive functions of the Government must be
directly under the Governor General or within one of the Executive Departments under the
supervision and control of the Governor General."
Through section 64(b) of the Revised Administrative Code, the President also has the power
To remove officials from office conformably to law and to declare vacant the offices held by
such removed officials. For disloyalty to the (United States), the Republic of the Philippines,
the (Governor-General) President of the Philippines may at any time remove a person from
any position of trust or authority under the Government of the (Philippines Islands)
Philippines.
Supreme Court: The procedure prescribed in sections 2188 to 2191 of the Revised
Administrative Code, for the suspension and removal of the municipal officials therein
referred to, is mandatory. Supervisory and investigative authority are lodged with the
provincial governor and the provincial board.

If there is any conflict between said sections 64 (b) and (c), 79 (c) and 86 of the Revised
Administrative Code, on the other hand, and sections 2188 to 2191 of the same code, on the
other, the latter being specific provisions, setting forth the procedure for the disciplinary
action that may be taken, particularly, against municipal officials must prevail over the
former, as general provisions, dealing with the powers of the President and the department
heads over the officers of the Government.
President McKinley, in his Instructions to the Second Philippine Commission, laid down the
policy that our municipal governments should be "subject to the least degree of supervision
and control" on the part of the national government; that said supervision and control should
be "confined within the narrowest limits"; that in the distribution of powers among the
governments to be organized in the Philippines, "the presumption is always to be in favor of
the smaller subdivision". If such were the basic principles underlying the organization of our
local governments, at a time when the same were under the control of the Governor-General
(the representative of the United States, which has delegated to us some governmental
powers, to be exercised in the name of the United States), with more reason must those
principles be observed under the Constitution of the Philippines, pursuant to which
"sovereignty resides in the (Filipino) people and all government authority emanates from
them" and the power of the President over local governments is limited to "general
supervision . . . as may be provided by law."