Posted
on
October
3,
2012
The
term
“residence”
is
to
be
understood
not
in
G.R.
No.
151914;
385
SCRA
607
its
common
acceptation
as
referring
to
September
17,
2002
“dwelling”
or
“habitation,”
but
rather
to
“domicile”
or
legal
residence,
that
is,
“the
place
Facts:
where
a
party
actually
or
constructively
has
his
Petitioner
Coquilla
was
born
of
Filipino
parents
permanent
home,
where
he,
no
matter
where
he
in
Oras,
Eastern
Samar,
where
he
grew
up
and
may
be
found
at
any
given
time,
eventually
resided.
intends
to
return
and
remain
(animus
manendi).
A
domicile
of
origin
is
acquired
by
every
person
In
1965,
he
joined
the
US
Navy
and
subsequently
at
birth.
It
is
usually
the
place
where
the
child’s
naturalized
as
a
US
citizen.
parents
reside
and
continues
until
the
same
is
abandoned
by
acquisition
of
a
new
domicile
On
October
15,
1998,
petitioner
came
to
the
(domicile
of
choice).
Philippines
and
took
out
a
residence
certificate,
albeit
continued
making
several
trips
to
the
US.
In
the
case
at
bar,
petitioner
lost
his
domicile
of
origin
in
Oras
by
becoming
a
US
citizen
after
On
November
10,
2000,
he
took
his
oath
as
a
enlisting
in
the
US
Navy
in
1965.
From
then
on
citizen
of
the
Philippines
subsequently
after
his
and
until
November
10,
2000,
when
he
application
for
repatriation
was
approved.
reacquired
Philippine
citizenship,
he
was
an
alien.
On
November
21,
2000,
he
applied
for
registration
as
a
voter
of
Butunga,
Oras,
Eastern
2.
DELA
TORRE
V.
COMELEC
(G.R.
No.
121592;
Samar.
July
5,
1996)
On
February
27,
2001,
he
filed
his
COC
stating
FACTS:
therein
that
he
has
been
a
resident
of
Oras,
Petitioner
Rolando
dela
Torre
was
disqualified
Eastern
Samar
for
2
years.
from
running
as
mayor
of
Cavinti
Laguna
on
the
ground
that
he
was
convicted
of
violation
the
On
March
5,
2001,
respondent
incumbent
mayor
Anti-‐Fencing
Law.
of
Oras
who
was
running
for
re-‐election,
sought
the
cancellation
of
petitioner’s
COC
on
the
He
argues
that
he
should
not
be
disqualified
ground
that
the
latter
had
resided
in
Oras
for
because
he
is
serving
probation
of
his
sentence
only
about
6
months
since
when
he
took
his
oath
and
hence,
the
execution
of
his
judgment
was
as
a
citizen
of
the
Philippines.
suspended
together
with
all
its
legal
consequences.
On
May
14,
2001,
petitioner
garnered
the
highest
number
of
votes
and
was
subsequently
ISSUE:
proclaimed
mayor
of
Oras.
WON
Dela
Torre
is
disqualified
to
run
for
public
office.
Issue:
WON
petitioner
satisfied
the
residency
HELD:
requirement
for
the
position
of
mayor.
Sec.40
of
LGC
provides:
Disqualifications.
Held:
The
following
persons
are
disqualified
from
No.
Par.
39,
Chapter
1,
Title
2
of
the
Local
running
for
any
elective
local
position:
Government
Code
(RA
7160)
provides
that
an
(a)
Those
sentenced
by
final
judgment
for
an
elective
official
must
be
a
“…resident
therein
offense
involving
moral
turpitude
or
for
an
(barangay,
municipality,
city
or
province)
for
at
offense
punishable
by
one
(1)
year
or
more
of
least
1
year
immediately
preceeding
the
day
of
imprisonment
within
two
(2)
years
after
serving
the
election…”
sentence;
The
Commission
on
Elections
declared
Manzano
Moral
turopitude
is
considered
as
an
act
of
disqualified
as
candidate
for
said
elective
baseness,
vileness,
or
depravity
in
the
private
position.
duties
which
a
man
owes
his
fellow
men,
or
to
society
in
general,
contrary
to
the
accepted
and
However,
in
a
subsequent
resolution
of
the
customary
rule
of
right
and
duty
between
man
COMELEC
en
banc,
the
disqualification
of
the
and
woman
or
conduct
contrary
to
justice,
respondent
was
reversed.
Respondent
was
held
honesty,
modesty,
or
good
morals.
to
have
renounced
his
US
citizenship
when
he
attained
the
age
of
majority
and
registered
In
this
case
of
fencing,
actual
knowledge
by
the
himself
as
a
voter
in
the
elections
of
1992,
1995
"fence"
of
the
fact
that
property
received
is
and
1998.
stolen
displays
the
same
degree
of
malicious
deprivation
of
one's
rightful
property
as
that
Manzano
was
eventually
proclaimed
as
the
Vice-‐ which
animated
the
robbery
or
theft
which,
by
Mayor
of
Makati
City
on
August
31,
1998.
their
very
nature,
are
crimes
of
moral
turpitude.
Hence
Dela
Torre
is
disqualified
from
seeking
Thus
the
present
petition.
public
office.
With
regard
to
his
argument
that
he
is
under
ISSUE:
probation,
the
court
ruled
that
the
legal
effect
of
probation
is
only
to
suspend
the
execution
of
the
Whether
or
not
a
dual
citizen
is
disqualified
to
sentence.
hold
public
elective
office
in
the
philippines.
Dela
Torre's
conviction
subsists
and
remains
totally
unaffected
notwithstanding
the
grant
of
RULING:
probation.
In
fact,
a
judgment
of
conviction
in
a
criminal
case
ipso
facto
attains
finality
when
the
The
court
ruled
that
the
phrase
"dual
accused
applies
for
probation,
although
it
is
not
citizenship"
in
R.A.
7160
Sec.
40
(d)
and
R.A.
executory
pending
resolution
of
the
application
7854
Sec.
20
must
be
understood
as
referring
to
for
probation
dual
allegiance.
Dual
citizenship
is
different
from
dual
allegiance.
The
former
arises
when,
as
a
3.
Mercado
v.
Manzano
Case
Digest
[G.R.
No.
result
of
the
application
of
the
different
laws
of
135083.
May
26,
1999]
two
or
more
states,
a
person
is
simultaneously
FACTS:
considered
a
national
by
the
said
states.
Dual
allegiance
on
the
other
hand,
refers
to
a
situation
Petitioner
Ernesto
Mercado
and
Eduardo
in
which
a
person
simultaneously
owes,
by
some
Manzano
were
both
candidates
for
Vice-‐Mayor
of
positive
act,
loyalty
to
two
or
more
states.
While
Makati
in
the
May
11,
1998
elections.
dual
citizenship
is
involuntary,
dual
allegiance
is
a
result
of
an
individual's
volition.
Article
IV
Sec.
Based
on
the
results
of
the
election,
Manzano
5
of
the
Constitution
provides
"Dual
allegiance
of
garnered
the
highest
number
of
votes.
However,
citizens
is
inimical
to
the
national
interest
and
his
proclamation
was
suspended
due
to
the
shall
be
dealt
with
by
law."
pending
petition
for
disqualification
filed
by
Ernesto
Mercado
on
the
ground
that
he
was
not
a
Consequently,
persons
with
mere
dual
citizen
of
the
Philippines
but
of
the
United
States.
citizenship
do
not
fall
under
this
disqualification.
Unlike
those
with
dual
allegiance,
who
must,
From
the
facts
presented,
it
appears
that
therefore,
be
subject
to
strict
process
with
Manzano
is
both
a
Filipino
and
a
US
citizen.
respect
to
the
termination
of
their
status,
for
candidates
with
dual
citizenship,
it
should
suffice
if,
upon
the
filing
of
their
certificates
of
candidacy,
they
elect
Philippine
citizenship
to
terminate
their
status
as
persons
with
dual
elections
in
this
country,
leaves
no
doubt
of
his
citizenship
considering
that
their
condition
is
the
election
of
Philippine
citizenship.
unavoidable
consequence
of
conflicting
laws
of
different
states.
His
declarations
will
be
taken
upon
the
faith
that
he
will
fulfill
his
undertaking
made
under
oath.
By
electing
Philippine
citizenship,
such
Should
he
betray
that
trust,
there
are
enough
candidates
at
the
same
time
forswear
allegiance
sanctions
for
declaring
the
loss
of
his
Philippine
to
the
other
country
of
which
they
are
also
citizenship
through
expatriation
in
appropriate
citizens
and
thereby
terminate
their
status
as
proceedings.
In
Yu
v.
Defensor-‐Santiago,
the
dual
citizens.
It
may
be
that,
from
the
point
of
court
sustained
the
denial
of
entry
into
the
view
of
the
foreign
state
and
of
its
laws,
such
an
country
of
petitioner
on
the
ground
that,
after
individual
has
not
effectively
renounced
his
taking
his
oath
as
a
naturalized
citizen,
he
foreign
citizenship.
That
is
of
no
moment.
applied
for
the
renewal
of
his
Portuguese
passport
and
declared
in
commercial
documents
When
a
person
applying
for
citizenship
by
executed
abroad
that
he
was
a
Portuguese
naturalization
takes
an
oath
that
he
renounces
national.
A
similar
sanction
can
be
taken
against
his
loyalty
to
any
other
country
or
government
any
one
who,
in
electing
Philippine
citizenship,
and
solemnly
declares
that
he
owes
his
renounces
his
foreign
nationality,
but
allegiance
to
the
Republic
of
the
Philippines,
the
subsequently
does
some
act
constituting
condition
imposed
by
law
is
satisfied
and
renunciation
of
his
Philippine
citizenship.
complied
with.
The
determination
whether
such
renunciation
is
valid
or
fully
complies
with
the
The
petition
for
certiorari
is
DISMISSED
for
lack
provisions
of
our
Naturalization
Law
lies
within
of
merit.
the
province
and
is
an
exclusive
prerogative
of
our
courts.
The
latter
should
apply
the
law
duly
4.
Rodriguez
vs
COMELEC
[259
SCRA
236]
enacted
by
the
legislative
department
of
the
Facts:
Republic.
No
foreign
law
may
or
should
interfere
with
its
operation
and
application.
In
1992,
petitioner
Rodriguez
and
respondent
Marquez
ran
for
Governor
of
Quezon
Province.
The
court
ruled
that
the
filing
of
certificate
of
Rodriguez
won.
Marquez
challenged
Rodriguez’
candidacy
of
respondent
sufficed
to
renounce
his
victory
via
a
Quo
Warranto
on
the
ground
that
American
citizenship,
effectively
removing
any
there
is
a
charge
pending
against
him
at
the
Los
disqualification
he
might
have
as
a
dual
citizen.
Angeles
Municipal
Court
for
fraudulent
By
declaring
in
his
certificate
of
candidacy
that
insurance
claims,
grand
theft,
etc.
Thus,
he
is
a
he
is
a
Filipino
citizen;
that
he
is
not
a
permanent
fugitive
from
justice.
resident
or
immigrant
of
another
country;
that
he
will
defend
and
support
the
Constitution
of
COMELEC
dismissed
the
case.
Upon
certiorari
to
the
Philippines
and
bear
true
faith
and
allegiance
the
Supreme
Court,
it
was
held
that:
Fugitive
thereto
and
that
he
does
so
without
mental
from
justice
includes
not
only
those
who
flee
reservation,
private
respondent
has,
as
far
as
the
after
conviction
to
avoid
punishment,
but
also
laws
of
this
country
are
concerned,
effectively
those
who
after
being
charged,
flee
to
avoid
repudiated
his
American
citizenship
and
prosecution.
The
case
was
remanded
to
the
anything
which
he
may
have
said
before
as
a
COMELEC
to
determine
WON
Rodriguez
is
a
dual
citizen.
fugitive
from
justice.
On
the
other
hand,
private
respondent’s
oath
of
In
1995,
Rodriguez
and
Marquez
again
ran
for
allegiance
to
the
Philippines,
when
considered
Governor.
Marquez
filed
a
Petition
for
with
the
fact
that
he
has
spent
his
youth
and
Disqualification
against
Rodriquez
on
the
same
adulthood,
received
his
education,
practiced
his
ground
that
he
is
a
fugitive
from
justice.
profession
as
an
artist,
and
taken
part
in
past
COMELEC
then
consolidated
both
cases
and
found
Rodriguez
guilty
based
on
the
authenticated
copy
of
the
warrant
of
arrest
at
LA
5.
Gamboa
vs
Aguirre
and
Araneta
(members
Court
and
of
the
felony
complaint.
of
SP)
Facts:
Rodriguez
won
again,
and
despite
a
Motion
to
In
the
1995
elections,
Rafael
Coscolluela,
suspend
his
proclamation,
the
Provincial
Board
petitioner
Romeo
J.
Gamboa,
Jr.
and
respondents
of
Canvassers
proclaimed
him.
Marcelo
Aguirre,
Jr.,
and
Juan
Y.
Araneta
were
elected
Negros
Occidental
Governor,
Vice-‐ Upon
motion
of
Marquez,
the
COMELEC
nullified
Governor
and
SP
members,
respectively.
the
proclamation.
Rodriguez
filed
a
petition
for
Sometime
in
August
of
1995,
the
governor
certiorari.
designated
petitioner
as
Acting
Governor
for
the
duration
of
the
former’s
official
trip
abroad
until
his
return.
Issue:
When
the
Sangguniang
Panlalawigan
held
its
Is
Rodriguez
a
fugitive
from
justice
as
defined
by
regular
session,
respondents
questioned
the
the
Court
in
the
MARQUEZ
Decision?
authority
of
petitioner
to
preside
therein
in
view
of
his
designation
as
Acting
Governor
and
asked
him
to
vacate
the
Chair.
The
latter,
however,
Held:
refused
to
do
so.
In
another
session,
7members
of
the
SP
voted
to
allow
petitioner
to
continue
No.
A
fugitive
from
justice
is
defined
as
“not
only
presiding
while
4
others
voted
against
with
1
those
who
flee
after
conviction
to
avoid
abstention.
Respondents
filedbefore
the
lower
punishment
but
likewise
who,
after
being
court
a
petition
for
declaratory
relief
and
charged,
flee
to
avoid
prosecution.”
This
prohibition.
In
the
meantime,
the
Governor
re-‐ indicates
that
the
intent
to
evade
is
the
assumed
his
office.Later,
the
trial
court
rendered
compelling
factor
that
makes
a
person
leave
a
a
decision
and
declared
petitioner
as
particular
jurisdiction,
and
there
can
only
be
“temporarily
legally
incapacitated
to
preside
intent
to
evade
prosecution
or
punishment
when
over
the
sessions
of
the
SP
during
the
period
that
the
fleeing
person
knows
of
an
already
instituted
he
is
the
Acting
Governor.”
indictment,
or
of
a
promulgated
judgment
of
conviction.
Intent
to
evade
on
the
part
of
a
Petitioner
filed
a
petition
for
review
raising
the
candidate
must
therefore
be
established
by
proof
issue
earlier
mentioned.
Although
this
case
is
that
there
has
already
been
a
conviction
or
at
dismissible
for
having
become
moot
and
least,
a
charge
has
already
been
filed,
at
the
time
academic
considering
the
expiration
in
1998
of
of
flight.
This
cannot
be
applied
in
the
case
of
the
terms
of
office
of
the
local
officials
involved
Rodriguez.
Rodriguez
arrived
in
the
Philippines
herein,
the
Court
nonetheless
proceeds
to
on
June
25,
1985,
five
months
before
the
filing
of
resolve
this
common
controversy
but
novel
issue
the
felony
complaint
in
the
Los
Angeles
Court
on
under
theexisting
laws
on
local
government.
November
12,
1985
and
of
the
issuance
of
the
arrest
warrant
by
that
same
foreign
court.
It
was
Issue:
clearly
impossible
for
Rodriguez
to
have
known
WON
Gamboa,
while
serving
as
the
Acting
about
such
felony
complaint
and
arrest
warrant
Governor,
temporarily
relinquished
the
powers,
at
the
time
he
left
the
US,
as
there
was
in
fact
no
functions,
duties
and
responsibilities
of
the
Vice-‐ complaint
and
arrest
warrant
—
much
less
Governor,
including
the
power
to
preside
over
conviction
—
to
speak
of
yet
at
such
time.
the
sessions
of
the
SP
Not
being
a
"fugitive
from
justice"
under
this
Held:
definition,
Rodriguez
cannot
be
denied
the
YES
Quezon
Province
gubernatorial
post.
(G.R.
No.
120099.
July
24,
1996)
Ratio
Decidendi:
What
the
LGC
provides:
The
LGC
provides
that
the
Vice-‐Governor
shall
be
b)
president
of
the
panlalawigang
the
presiding
officer
of
the
SP.
In
addition
to
such
pederasyon
ng
mga
sangguniang
kabataan
function,
he
becomes
the
Governor
and
assumes
c)
president
of
the
provincial
federation
the
higher
office
for
the
unexpired
term
of
his
of
sanggunian
members
of
municipalities
and
predecessor,
in
case
of
“permanent
vacancy”
component
cities
therei
n.
When
the
vacancy,
however,
is
merely
temporary,
the
Vice-‐
Governor
“shall
Not
being
included
in
the
enumeration,
the
automatically
exercise
the
powers
(subject
to
Governor
is
deemed
excluded
and
thus,
local
certain
limitations)and
perform
the
duties
and
executive
power
in
the
province
is
vested
alone
functions”
of
the
Governor.
But,
no
such
in
the
Governor.
Consequently,
the
union
of
contingency
is
provided
in
case
of
temporary
legislative-‐executive
powers
in
the
office
of
the
vacancy
in
the
office
of
the
Vice-‐Governor.
local
chief
executive
under
the
former
Code
has
been
disbanded.
Vice-‐Governor
as
Acting
Governor:
When
the
Vice-‐
Governor
exercises
the
“powers
Being
the
Acting
Governor,
the
Vice-‐Governor
and
duties”
of
the
Governor,
he
does
not
assume
cannot
continue
to
simultaneously
exercise
the
the
latter
office.
He
only
“acts”
as
the
Governor
duties
of
the
latter
office,
since
the
nature
of
the
but
does
not
“become”
the
Governor.
His
duties
of
the
provincial
Governor
call
for
a
full-‐ assumption
of
the
powers,
duties
and
functions
time
occupant
to
discharge
them.
of
the
provincial
Chief
Executive
does
not
create
a
permanent
vacuum
or
vacancy
in
his
position
Conclusion:
as
the
Vice-‐Governor.
Necessarily,
he
does
not
To
repeat,
the
creation
of
a
temporary
vacancy
in
relinquish
nor
abandon
his
position
and
title
as
the
office
of
the
Governor
creates
a
Vice-‐Governor
by
merely
becoming
an
Acting
corresponding
temporary
vacancy
in
the
office
Governor
or
by
merely
exercising
the
powers
of
the
Vice-‐Governor
whenever
the
latter
acts
as
and
duties
of
the
higher
office.
Governor
by
virtue
of
such
temporary
vacancy.
This
event
constitutes
an
“inability”
on
the
part
A
Vice-‐Governor
who
is
concurrently
an
Acting
of
the
regular
presiding
officer
(Vice
Governor)
Governor
is
actually
a
quasi-‐Governor.
This
to
preside
during
the
SP
sessions,
which
thus
means,
that
for
purposes
of
exercising
his
calls
for
the
operation
of
the
remedy
set
in
legislative
prerogatives
and
powers,
he
is
Article
49(b)
of
the
Local
Government
Code
–
deemed
as
a
non-‐member
of
the
SP
for
the
time
concerning
the
election
of
a
temporary
presiding
being.
By
tradition,
the
offices
of
the
provincial
officer.
The
continuity
of
the
Acting
Governor’s
Governor
and
Vice-‐Governor
are
essentially
(Vice-‐Governor)
powers
as
presiding
officer
of
executive
in
nature,
whereas
plain
members
of
the
SP
is
suspended
so
long
as
he
is
in
such
the
provincial
board
perform
functions
partaking
capacity.
Under
Section
49(b),
“(i)n
the
event
of
of
a
legislative
character.
This
is
because
the
the
inability
of
the
regular
presiding
officer
to
authority
vested
by
law
in
the
provincial
boards
preside
at
the
sanggunian
session,
the
members
involves
primarily
a
delegation
of
some
present
and
constituting
a
quorum
shall
elect
legislative
powers
of
Congress.
This
is
clear
from
from
among
themselves
a
temporary
presiding
the
law,
when
it
provides
that
“local
legislative
officer.”
power
shall
be
vested
in
the
SP,”
which
is
“the
legislative
body
of
the
province,”
and
6.
Aguinaldo
vs
Santos
enumerates
therein
its
membership
consisting
of
Facts:
the:
1)
Vice
Governor
as
presiding
officer
Aguinaldo
was
the
duly
elected
Governor
of
the
2)
regular
elective
SP
members
province
of
Cagayan.
After
the
December
1989
3)
3
elective
sectoral
representatives
coup
d’état
was
crushed,
DILG
Secretary
Santos
4)
ex-‐officio
members
namely:
sent
a
telegram
&
letter
to
Governor
Aguinaldo
a)
president
of
the
provincial
chapter
of
requiring
him
to
show
cause
why
he
should
not
the
liga
ng
mga
barangay
be
suspended
or
removed
from
office
for
disloyalty
to
the
Republic.
A
sworn
complaint
was
also
filed
by
Mayors
of
several
Issues:
municipalities
in
Cagayan
against
Aguinaldo
for
acts
committed
during
the
coup.
Aguinaldo
1.
WON
petitioner's
re-‐election
to
the
position
of
denied
being
privy
to
the
planning
of
the
coup
or
Governor
of
Cagayan
has
rendered
the
actively
participating
in
its
execution,
though
he
administration
case
moot
and
academic
admitted
that
he
was
sympathetic
to
the
cause
of
the
rebel
soldiers.
2.
WON
the
Secretary
has
the
power
to
suspend
or
remove
local
government
officials
as
alter
ego
The
Secretary
suspended
petitioner
from
office
of
the
President
for
60
days
from
notice,
pending
the
outcome
of
the
formal
investigation.
Later,
the
Secretary
3.
WON
proof
beyond
reasonable
doubt
is
rendered
a
decision
finding
petition
guilty
as
required
before
petitioner
could
be
removed
charged
and
ordering
his
removal
from
office.
from
office.
Vice-‐Governor
Vargas
was
installed
as
Governor.
Aguinaldo
appealed.
Held:
Aguinaldo
filed
a
petition
for
certiorari
and
prohibition
with
preliminary
mandatory
1.
Yes.
Aguinaldo’s
re-‐election
to
the
position
of
injunction
and/or
restraining
order
with
the
SC,
Governor
of
Cagayan
has
rendered
the
assailing
the
decision
of
respondent
Secretary
of
administrative
case
pending
moot
and
academic.
Local
Government.
Petitioner
argued
that:
(1)
It
appears
that
after
the
canvassing
of
votes,
that
the
power
of
respondent
Secretary
to
petitioner
garnered
the
most
number
of
votes
suspend
or
remove
local
government
official
among
the
candidates
for
governor
of
Cagayan
under
Section
60,
Chapter
IV
of
B.P.
Blg.
337
was
province.
The
rule
is
that
a
public
official
cannot
repealed
by
the
1987
Constitution;
(2)
that
since
be
removed
for
administrative
misconduct
respondent
Secretary
no
longer
has
power
to
committed
during
a
prior
term,
since
his
re-‐ suspend
or
remove
petitioner,
the
former
could
election
to
office
operates
as
a
condonation
of
not
appoint
respondent
Melvin
Vargas
as
the
officer's
previous
misconduct
to
the
extent
of
Governor;
and
(3)
the
alleged
act
of
disloyalty
cutting
off
the
right
to
remove
him
therefor.
The
committed
by
petitioner
should
be
proved
by
foregoing
rule,
however,
finds
no
application
to
proof
beyond
reasonable
doubt,
and
not
be
a
criminal
cases
pending
against
petitioner
for
acts
mere
preponderance
of
evidence,
because
it
is
an
he
may
have
committed
during
the
failed
coup.
act
punishable
as
rebellion
under
the
Revised
Penal
Code.
2.
Yes.
The
power
of
the
Secretary
to
remove
While
the
case
was
pending
before
the
SC,
local
government
officials
is
anchored
on
both
Aguinaldo
filed
his
certificate
of
candidacy
for
the
Constitution
and
a
statutory
grant
from
the
the
position
of
Governor
of
Cagayan.
Three
legislative
branch.
The
constitutional
basis
is
petitions
for
disqualification
were
filed
against
provided
by
Articles
VII
(17)
and
X
(4)
of
the
him
on
the
ground
that
he
had
been
removed
1987
Constitution
which
vest
in
the
President
from
office.
the
power
of
control
over
all
executive
departments,
bureaus
and
offices
and
the
power
The
Comelec
granted
the
petition.
Later,
this
was
of
general
supervision
over
local
governments.
It
reversed
on
the
ground
that
the
decision
of
the
is
a
constitutional
doctrine
that
the
acts
of
the
Secretary
has
not
yet
attained
finality
and
is
still
department
head
are
presumptively
the
acts
of
pending
review
with
the
Court.
As
Aguinaldo
the
President
unless
expressly
rejected
by
him.
won
by
a
landslide
margin
in
the
elections,
the
Furthermore,
it
cannot
be
said
that
BP337
was
resolution
paved
the
way
for
his
eventual
repealed
by
the
effectivity
of
the
present
proclamation
as
Governor
of
Cagayan.
Constitution
as
both
the
1973
and
1987
Constitution
grants
to
the
legislature
the
power
and
authority
to
enact
a
local
government
code,
which
provides
for
the
manner
of
removal
of
local
government
officials.
Moreover,
in
Bagabuyo
et
al.
vs.
Davide,
Jr.,
et
al.,
this
court
had
the
occasion
to
state
that
B.P.
Blg.
337
remained
in
force
despite
the
effectivity
of
the
present
Constitution,
until
such
time
as
the
proposed
Local
Government
Code
of
1991
is
approved.
The
power
of
the
DILG
secretary
to
remove
local
elective
government
officials
is
found
in
Secs.
60
and
61
of
BP
337.
3.
No.
Petitioner
is
not
being
prosecuted
criminally,
but
administratively
where
the
quantum
of
proof
required
is
only
substantial
evidence.
(Aguinaldo
vs.
Santos,
G.R.
No.
94115,
August
21,
1992)