8 PLANAS VS GIL jurisdiction.

At this stage of the investigation, Planas filed

GR NO. L-46440 before the SC a writ of prohibition but was denied.
JANUARY 18, 1939  Planas then requested the Comm. Gil to refrain from making
any ruling on the question of jurisdiction to investigate her
Topic: SOURCES; SEPARATION OF POWERS; ADMIN AGENCIES; ART IX; and to suspend the investigation until the jurisdictional issue
ADM CODE was ruled upon by the SC but was denied and Comm. Gil ruled
Petitioners: CARMEN PLANAS it had jurisdiction to proceed w/ the investigation. He directed
Respondents: CSC COMMISIONER JOSE GIL Planas to appear before him and to testify and present
Ponente: LAUREL, J. evidence. The OSG represented the CSC.
 Planas contended:
FACTS: o CSC has no jurisdiction to investigate;
 Planas, as a Manila municipal board member, publicized in a o Said investigation is against Art VII, Sec. 11 of the
newspaper a statement w/c criticized the acts of some gov’t (1935) Constitution and unwarranted in any statute;
officials in connection to the 1938 Assemblymen elections. She o Even if there is any statute, Planas as Councilor of
accused the ff.: Manila cannot be administratively investigated except
o That the President has violated the Constitution in that for acts/conduct in connection w/ the discharge of her
he has taken part in politics, expressing his preference official duties;
for the candidates of the Nacionalista Party; o As an elected officer, she is accountable to her
o That the whole government machinery has been put in constituency alone unless the act constituted a crime
action to prevent the election to the National Assembly and not to execute officials belonging to a party
of the candidates of the people; opposed to that w/c Planas belonged;
o That the candidates of the Nacionalista Party and of o Her statement was made in her private capacity and
the administration have won the election through had the right to freely discuss political questions w/c
frauds and violations of the civil service rules; and cannot be subject to any administrative investigation
o That the administration does not permit the people to and is only cognizable by regular courts in case the
freely elect the candidates of their choice. contents violate the RPC;
 Following the publication, Planas received a letter signed by o If they are seditious, then the matter should be tried by
Pres. MLQ via Sec. Vargas directing Planas was appear before the regular courts;
the CSC to prove said statements and failure to prove that o The authority sought to be conferred by the CSC by the
they were made in good faith will be cause for her suspension letter written by Sec. Vargas is unenforceable since
or removal from office. presidential powers cannot be delegated; and
 Planas heeded the order and presented her published  Said investigation would be oppressive and arbitrary on CSC’s
statements in w/c she objected to the CSC’s authority to part w/c will impinged on her constitutional right as a citizen
conduct the investigation. to freely express her opinions.
 The CSC still proceeded w/ the investigation but announced  Planas prayed:
before adjournment that Comm. Gil would decide the CSC’s o Issue a writ of injunction to desist the investigation;
 o Permanently prohibit the proceedings; premise does not mean that the courts cannot inquire to the
o Said orders be declared illegal acts’ validity when challenged in a proper proceeding. As far
o OSG claimed: as the courts are concerned, the SC is entrusted the obligation
o CSC has not only jurisdiction but has the duty to to determine in appropriate cases the validity of law hence the
investigate the charges; judiciary restrains other departments of gov’t as part of check
o The power to investigate is vested in the President by and balance of the government.
Sec. 11, Art VII of the 1935 Constitution and Sec. 64(c)  In this case, the President is not party to the proceeding. He is
of the Admin Code; neither compelled nor restrained to act in a specific way. The
o The question WoN the good of public service requires CSC is the party by way of the President’s order that the court
the subject investigation is a matter of the President’s has no jurisdiction over the case; however, this is untenable.
opinion is conclusive hence cannot be reviewed by the  A mere plea that a subordinate officer is acting upon the
courts; President’s orders but is not conclusive upon the SC. The
o The administrative investigation of any act by a gov’t President’s relative immunity from judicial interference is not
official is independent and exclusive of any judicial some permit for all subordinate officials of the Executive that
action that the parties may institute arising from the the mere invocation of such authority that it purports the SC’s
same act; jurisdiction to inquire into the validity of such orders is abated.
o Her theory that she is only accountable to her  The issuance of prohibition is regulated by law and may be
constituents subject to a criminal action is untenable; issued to any person who committed GADALEJ. “Judicial” and
o Investigation is not arbitrary as it is provided in law; “ministerial” used in reference to “functions” include the
o No cause of action as she was uninjured; subject investigation done by the CSC and if unauthorized
o Action is premature hence the courts have no constitutes GADALEJ. Prohibition is not only to confined to
jurisdiction; and courts to keep them within their limited jurisdiction but also
o SC has no jurisdiction due to separation of powers to an officer acting GADALEJ. In this case, what is being
inquired is that the investigation is unconstitutional hence it is
 Further, OSG raise the jurisdiction issue of the courts over the
necessary to inquire to the legal authority of the President to
President’s acts by contending that under the separation of
order such investigation.
powers, such acts cannot be reviewed by the courts as it is
purely administrative in nature.
Other related ruling:
Presidential Authority
ISSUE/S: Whether the courts have jurisdiction to review the acts of
 The Constitution vests authority to the President as
the President - YES
introduced in Sec. 1, Art. VII “The Executive power shall be
vested in a President of the PH” and upon him sets forth his
HELD/RATIO:
duty to faithfully execute our laws, whether expressed or
implied, as in this case, may act through executive department
Judicial Review and Prohibition
heads as they are his assistants in the performance of his
 Though it can be conceded that the President’s acts within his
powers and courts will not restrain such acts; however, this
 duties. In other words, their acts are presumptively the due enforcement of rights, duties, obligations, prerogatives
President’s acts. and immunities growing out of the Constitution itself and of
 Sec. 64(c) of the 1917 Admin Code provides the protection implied by the nature of the government under
In addition to his general supervisory authority, the the Constitution.
Governor-General (President) shall have such specific
powers and duties as are expressly conferred or imposed Right of Free Speech
on him by law and also, in particular, the powers and  It is now a settled that the official conduct and the policies of
duties set forth in this chapter. Among such special public officials can be criticized and that criticism of the
powers and duties shall be: constitution and legislation, of government measures or
c) To order, when in his opinion the good of the public policies cannot be suppressed or prevented unless the
service so requires, an investigation of any action or the intention be to incite rebellion and civil war (Cooley,
conduct of any person in the Government service, and in Constitutional Limitations,
connection therewith to designate the official, committee,  In the present case, however, Planas is not denied the right,
or person by whom such investigation shall be conducted. nor is she being investigated because she had exercised that
 In this case, the letter informed Planas the charges she made right. She has a perfect right to criticize the Government, its
against the President and the effect it has is that it generates administration, its policies and officials, but she may not, on
discontent and hatred towards the gov’t and that public the plea of freedom of speech and of the press, impute
service requires that an investigation be conducted. Assuming violations of law and the commission of frauds and thereafter
that this is not one of the grounds provided by law for which decline to face an investigation conducted to elicit the veracity
the petitioner may be investigated administratively (sec. 2078, of the charges she imputed. Otherwise, it would degenerate
Rev. Adm. Code), there is weight in the argument that the into an unbridled license, and render the Government
investigation would still be in order if for no other purpose powerless to act.
than to cause a full and honest disclosure of all the facts so
that, if found proper and justified, appropriate action may be FALLO: The petition is hereby dismissed, with costs against the
taken against the parties alleged to have been guilty of the petitioner. So ordered.
illegal acts charged.
 The enforcement of the law and the maintenance of peace
and order are primarily an executive obligation. The
declaration that the President should "take care that the laws
be faithfully executed" is more an imposition of an obligation
than a conferment of power. His oath requires him to
"faithfully and conscientiously fulfill" his duties as President,
"preserve and defend" the Constitution and "execute" the law.
This duty of the Executive to see that the laws be faithfully
executed is not limited to the enforcement of legislative acts
or the express terms of the Constitution but also includes the