I. TITLE: De Leon vs.

Carpio
II. FULL TITLE:
CESAR R. DE LEON, versus J. ANTONIO M. CARPIO, Director, National Bureau of
Investigation, respondent. G.R. No. 85243 October 12, 1989
FRANCISCO R. ESTAVILLO versus J. ANTONIO M. CARPIO, Director, National
Bureau of Investigation, respondent. G.R.No. 85442 October 12, 1989
III. TOPIC: Presidency. The act of secretary, as alter ego of the President, is also the
act of the President
IV. STATEMENT OF THE FACTS:
The cases have been consolidated because they involve the same issue against
the respondent, who has refused to reinstate the petitioners.
The services of Estavillo and de Leon were terminated by then Minister of Justice
Neptali Gonzales. Both appealed to the Review Committee but then advised to seek
relief from the Civil Service Commission because the committee had lost jurisdiction
due to the ratification of the 1987 Constitution. The CSC held that their dismissal were
invalid and unconstitutional.
Undersecretary of Justice Montenegro referred the order reinstating Estavillo and
Undersecretary of Justice Bello III referred the order of reinstating de Leon. The
reaction of the respondent was to return said orders to the CSC claiming that they were
null and void for having been rendered without jurisdiction.
Secretary of Justice Ordonez sent memorandum to Carpio directing him to
implement the orders of reinstating the petitioners to their former positions. Instead of
complying, the respondent issued a memorandum disregarding the memorandum
issued by the Secretary of Justice.
V. STATEMENT OF THE CASE:
Estavillo and de Leon came to the Court in separate petitions for mandamus.
VI. ISSUE:
WON the director of the NBI can disobey an explicit and direct order issue to him
by the Secretary of Justice.

VII. COURT RULING:

No, the director of the NBI cannot disobey the order. The President has full
control of all the memberso f his Cabinet and may appoint them as he sees fit or shuffle
them at pleasure or replace them in his discretion. They are at all times under the
disposition of the President as their immediate superior. The acts of the members of the
Cabinet performed and promulgated in the regular course of business are, unless
disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief
Executive. In the case at bar, Secretary Ordonez was acting in the regular discharge of
his functions as an alter ego of the President. His acts should be respected by the
respondent because the latter is bound to obey the Secretarys directives, which are
presumptively the acts of the President of the Philippines.
VIII. DISPOSITIVE PORTION
WHEREFORE, the petitions are GRANTED. The respondent is hereby
ORDERED to immediately reinstate the petitioners as directed by the Secretary of
Justice in implementation of the challenged orders of the Merit Systems Protection
Board of the Civil Service Commission. No costs.