Aguinaldo v.

Santos

FACTS

Rodolfo Aguinaldo was the Governor of Cagayan who was imputed on the conduct of coup
d’etat. He was found guilty by the Secretary of the Department of Local Government, Luis
Santos, and was ordered a removal from office.

The petitioner argued that the power of the Secretary to suspend or remove local government
official was repealed by the 1987 Constitution; that the Secretary has no longer the power to
suspend or remove the petitioner; and that the acts of disloyalty allegedly committed by him
should be proved beyond reasonable doubt and not preponderance of evidence since the act is
punishable under the RPC.

Pending the determination of the case, the petitioner filed a COC for the position of Governor.
Disqualification cases were filed against him. However, the COMELEC clarified that Aguinaldo
may still be voted upon as a candidate for governor pending final outcome of the disqualification
cases with the Court. Consequently, Aguinaldo won as Governor of Cagayan.

ISSUE:

Whether or not Aguinaldo may be held liable of the charges filed against him?

RULING

No, the administrative cases filed against Aguinaldo are rendered moot and academic.

A public official cannot be removed for administrative misconduct committed during a prior term,
since his re-election to office operates as a condonation of the officer’s previous misconduct to
the extent of cutting off the right to remove him therefor. However, the rule has no application to
criminal cases pending against the petitioner for acts he may have committed during the coup.

As regards the other argument, the Court held that the Secretary of Local Government has the
power to suspend or remove local government officials based on both the Constitution and the
statutory grant from the legislative branch. Based on the Constitution, the President has the
power of control over all executive departments, bureaus, and offices, and the power of general
supervision over local governments. The Secretary of Local Government, being the alter ego,
can exercise the same powers, unless expressly rejected.