Ganzon vs.
Kayanan  We can infer from RAC 64(c) that the president has the authority to remove
Bautista-Angelo
 Rosales lodged a verified complaint against Iloilo Mayor Ganzon with the
Office of the President averring:
o #1 - Ganzon, accompanied by armed men, stormed into the
broadcasting station of an Iloilo radio station, unlawfully stopping
the radio-press interview program of People’s Forum – thus
suppressing free speech (for 15 minutes), the right to broadcast,
the right of people to listen to radio-press interviews  unjust
exercise of power and/or misconduct in office.
o #2 – Ganzon pushed away the microphones and hit Rosales on the
nape (Rosales is the program director and one of the interviewers)
 oppression and shameful misconduct
o #3 – Ganzon hurled invectives at Rosales, calling him an indecent,
bad mannered, dammed-no-good-Cebuano who should evacuate
to Cebu  oral defamation, conduct unbecoming
 Rosales prayed that the OP authorize an investigation of the admin charges
and after which, the corresponding action. Rosales also prays that Ganzon
be preventively suspended
 The Executive Secretary designated respondent Kayanan to conduct the
investigation (claiming RAC 64(c))
o Kayanan was granted all the powers of investigating officers under
the RAC.
 Kayanan served Ganzon a copy of the complaint against him and set the
investigation of the charges. Ganzon filed a motion for postponement.
Despite this, Kayanan definitely set the investigation dates.
 Ganzon initiated an action for Prohibition with prayer for preliminary
injunction at the CFI-Iloilo questioning the OP’s authority to order his
investigation, praying that Kayanan be enjoined from going through with
the investigation
o WPI prayer denied.
Issue #1 – W/N the OP has the authority to authorize the investigation of Mayor
Ganzon and to take disciplinary action against him? YES (supervision includes
investigation)
 The Charter of Iloilo City states that the Mayor shall serve for 6 years unless
sooner removed. What method of removal was not indicated in the charter.
It does not say that the mayor holds office at the pleasure of the president
unlike similar provisions appearing in other city charters.
o The fact that the mayor was. Given a fixed term shows that there
was an intention to give him a definite tenure, thus, only
removable for cause. (defined term negates authority to remove
at pleasure)
Ganzon, since the authority extends to any person in the government
service.
o While it’s true that we had delineated the definitions of
supervision and control in the Mondano vs. Silvosa case, we
cannot conclude now that the power to investigate does not fall
under the power of general supervision, when in his opinion the
good of the public service requires it
o In fact, this question had been. Clarified in a later case – Hebron
 that the executive department of the national
government, in the exercise of its general supervision over
local government, may conduct investigations with a view
to determining whether municipal officials are guilty of
acts or omissions warranting the administrative action
referred to in said sections, as a means only to ascertain
whether the provincial governor and the provincial
board should take such action
 See: excerpts under previous case
Issue #2 – For what cause or causes may the president order the investigation of
Mayor Ganzon “conformably to law”? RAC 2078
 SC cited Lacson vs. Roque’s dissent - as the office of provincial executive is
at least as important as the office of mayor of the City of Manila, the latter
officer, by analogy, ought to be amenable to removal and suspension for the
same causes as provincial executives, who under Section 2078 of the
Revised Administrative Code, may be discharged for dishonesty, oppression,
or misconduct in office, besides disloyalty.
 Wala atang provision for City mayors, meron lang municipal. So apply that
nalang kasi “at least as important” and “comparable in category and
statutre”
Appeal denied
Annex
RAC 64 (b) - 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 (Philippine Islands) Philippines.
RAC 64(c) - To order, when in his opinion the good of the public services requires, an
investigation of any action or the conduct of any person in the Government service,
and in connection therewith to designate the official, committee, or person by whom
such investigation shall be conducted