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inquire or question the validity or constitutionality of the acts of the Chief Executive
when his acts are properly challenged in an appropriate legal proceeding. In other
words, the Constitution made the Court to allocate constitutional boundaries.
Planas v Gil
G.R. No. L-46440 January 18, 1939
Laurel, J.:
Facts:
1. The case stemmed from a statement made by petitioner which was published in
a newspaper (La Guardia) wherein he criticized certain government officials acts as
well as the election of Assemblyman in 1938. Petitioner was a member of the
municipal board of Manila.
2. An investigation directed by the authority of the President was conducted by the
respondent Commissioner of Civil Service. Hence this petition for prohibition where
petitioner contends that respondent lacks the jurisdiction to investigate him and
that it violates Art. 7, Sec.11 (1) of the Constitution, as it seeks to remove or
suspend him.
ISSUE: W/N the President has the legal authority to order the investigation
RULING:
YES. Provided the investigation should be in accordance with law.
The constitution grants to the President the powers of control and supervision. The
power to exercise general supervision over all local governments and to take care
that the laws be faithfully executed authorizes him to order an investigation of the
act or conduct of the petitioner herein.
Supervision is not a meaningless thing. It is an active power. It is certainly not
without limitation, but it at least implies authority to inquire into facts and
conditions in order to render the power real and effective. If supervision is to be
conscientious and rational, and not automatic and brutal, it must be founded upon a
knowledge of actual facts and conditions disclosed after careful study and
investigation.
The President in the exercise of the executive power under the Constitution may act
through the heads of the executive departments. The heads of the executive
departments are his authorized assistants and agents in the performance of his
executive duties, and their official acts, promulgated in the regular course of
business, are presumptively his acts.
The power of removal which the President may exercise directly and the practical
necessities of efficient government brought about by administrative centralization
easily make the President the head of the administration.
- Source: http://lawsandfound.blogspot.com/2012/11/planas-v-gil.html