ARTICLE 1 POWER OF SUPERVISION

MONDANO VS SILVOSA G.R. No. L-7708 May 30, 1955

POINT OF THE CASE:

The Congress has expressly and specifically lodged the provincial supervision over municipal
officials in the provincial governor who is authorized to “receive and investigate complaints made under
oath against municipal officers for neglect of duty, oppression, corruption or other form of
maladministration of office, and conviction by final judgment of any crime involving moral turpitude.”

FACTS:

Jose Mondano was the mayor of Mainit, Surigao. A complaint was filed against him for (1) rape
committed on his daughter Caridad Mosende; and (2) concubinage for cohabiting with his daughter in a
place other than the conjugal dwelling. The information reached the Assistant Executive Secretary who
ordered the governor to investigate the matter. Consequently, Governor Fernando Silvosa then
summoned Mondano and the latter appeared before him. Thereafter Silvosa suspended Mondano.
Mondano filed a petition for prohibition enjoining the governor from further proceeding.

Gov. Silvosa invoked the Revised Administrative Code which provided that he, as part of the executive
and by virtue of the order given by the Assistant Executive Secretary, is with “direct control, direction, and
supervision over all bureaus and offices under his jurisdiction.

Issue:
Whether or not the Governor as agent of the Executive, can exercise the power of control over a
mayor

Held:
No. Governor only has “supervision” over city/municipal officers and has no “control” over them.

In administrative law supervision means overseeing or the power or authority of an officer to see that
subordinate officers perform their duties. If the latter fail or neglect to fulfill them the former may take such
action or step as prescribed by law to make them perform their duties. Control, on the other hand, means
the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the
performance of his duties and to substitute the judgment of the former for that of the latter.

In this case, the governor can only investigate Mondano for crimes relating to Mondano’s office. If
the issue is not related to his office but involves a crime of moral turpitude (such as rape or concubinage
as in this case), there must first be a final conviction before a suspension may be issued.

Sec 86 of the Revised Administrative Code adds nothing to the power of supervision to be exercised by
the Department Head over the administration of municipalities.