G.R. No. L-19838; June 30, 1964
PEDRO R. DIZON and OLIMPIO MANALANG, petitioners, vs. HON. JUDGE AMBROSIO T. DOLLETE and ARTEMIO SALDAÑA, respondents.

FACTS

Governor Pedro Dizon of Bataan ordered Mayor Artemio Saldaña of Samal to suspend two policemen, Fermin Adraneda and Guillermo Balintos, who were formally charged in court with frustrated homicide. The governor cited Section 4 of Republic Act No. 557 , which mandates the immediate suspension of a police officer accused in court of a felony. Mayor Saldaña repeatedly refused to comply with the governor’s directives, offering explanations which the governor deemed insufficient. Consequently, Governor Dizon filed administrative charges against the mayor for neglect of duty and violation of law under Section 2188 of the Revised Administrative Code and, pending the provincial board’s investigation, suspended Mayor Saldaña for thirty days via an executive order.
Mayor Saldaña then filed a prohibition case with the Court of First Instance of Bataan, which issued an order enjoining the governor from enforcing the suspension. The court reasoned that under Section 2188, a governor may suspend a mayor only if the charge affects the mayor’s official integrity, and that refusing to suspend a subordinate was not an act of dishonesty but an exercise of discretion. Governor Dizon’s motion for reconsideration was denied, prompting this petition for certiorari.

ISSUE

May a provincial governor legally suspend a municipal mayor under Section 2188 of the Revised Administrative Code for the mayor’s refusal to suspend a policeman who has been criminally charged in court, as mandated by Section 4 of Republic Act No. 557 ?

RULING

Yes. The Supreme Court granted the petition, set aside the lower court’s orders, and declared the governor’s suspension of the mayor legal. The Court’s ruling is anchored on a harmonious interpretation of the relevant statutes. Section 4 of Republic Act No. 557 imposes a mandatory, not discretionary, duty on a municipal mayor to immediately suspend any member of the police force accused in court of a felony. The mayor’s persistent refusal to obey this clear legal mandate, despite lawful orders from his supervisory authority, constituted gross neglect of duty and a violation of law.
This neglect provided valid grounds for the governor’s action under Section 2188 of the Revised Administrative Code. The Court held that such defiance, displaying an utter disregard for lawful orders and a failure to execute the law faithfully, is a charge affecting the mayor’s “official integrity.” Official integrity encompasses not merely honesty but also probity, responsibility, and a faithful adherence to legal duties. Furthermore, the governor acted within his broad supervisory and executive powers under Sections 2188 and 2082 of the Revised Administrative Code, which charge him with ensuring the laws are faithfully executed by all local officers within the province. The suspension was a proper preventive measure pending the provincial board’s investigation of the administrative charges.