Mondano v.

Silvosa
A local executives personal criminal liability is distinct from the discharge of
his responsibility as a mayor.

The petitioner is the duly elected and qualified mayor of the municipality of Mainit, province of
Surigao. Consolacion Vda. de Mosende filed a sworn complaint with the Presidential Complaints
and Action Committee accusing him of rape committed on her daughter Caridad Mosende; and
concubinage for cohabiting with her daughter in a place other than the conjugal dwelling.

In the indorsement to the provincial governor, the Assistant Executive Secretary requested
immediate investigation, appropriate action and report on the complaint indorsed to him, and
called his attention to section 2193 of the Revised Administrative Code which provides for the
institution of judicial proceedings by the provincial fiscal upon direction of the provincial
governor. Later, the provincial governor issued an order suspending Mayor Mordano. Thereafter,
the Provincial Board proceeded to hear the charges preferred against the petitioner over his
objection.

Hence, this petition for prohibition seeking to enjoin the Provincial Board from hearing the case
and for a declaration that his suspension is illegal.

[Petitioners arguments were not mentioned in the case]

Respondents Arguments
1. Respondent invokes the provisions of section 7 9 (c) of the Revised Administrative Code
which clothes the department head with "direct control, direction, and supervision over
all bureaus and offices under his jurisdiction . . ." and to that end "may order the
investigation of any act or conduct of any person in the service of any bureau or office
under his Department and in connection therewith may appoint a committee or designate
an official or person who shall conduct such investigations; . . ."
2. Respondent invokes Villena vs. Secretary of Interior which upheld "the power of the
Secretary of Interior to conduct at its own initiative investigation of charges against local
elective municipal officials and to suspend them preventively," on the board proposition
"that under the presidential type of government which we have adopted and considering
the departmental organization established and continued in force by paragraph 1, section
11, Article VII, of our Constitution, all executive and administrative organizations are
adjuncts of the Executive Departments, the heads of the various executive departments
are assistants and agents of the Chief Executive."

ISSUE:
Whether or not the order of suspension by the provincial governor is illegal.

RULING: Yes.
Under this constitutional provision the President has been invested with the power of control of
all the executive departments, bureaus, or offices, but not of all local governments over which
he has been granted only the power of general supervision as may be provided by law. Likewise,
the Department Head, as an agent of the President, has authority to order the investigation of
any act or conduct of any person in the service of any bureau or office under his department and
does not extend to local governments. General supervision, as provided in the Constitution, may
not be equated with supervision and control provided in the RAC.

In administrative law, there is a distinction between supervision and control:

Supervision, on the one hand, 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.

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."

However, the charges preferred against the respondent are not malfeasances or any of those
enumerated or specified in section 2188 of the Revised Administrative Code, because rape and
concubinage have nothing to do with the performance of his duties as mayor nor do they
constitute or involve "neglect of duty, oppression, corruption or any other form of
maladministration of office." True, they may involve moral turpitude, but before the provincial
governor and board may act and proceed in accordance with the provisions of the Revised
Administrative Code referred to, a conviction by final judgment must precede the filing by the
provincial governor of charges and trial by the provincial board.