ANG-ANGCO VS.

CASTILLO
G.R NO. L-17169, November 30, 1963

Bautista Angelo, J.

FACTS

Isidro Ang-Angco, the petitioner and collector of customs, was charged of having committed a grave
neglect of duty and observed a conduct prejudicial to the best interest of the customs service due to the
unauthorized release of 1,188 units of Pepsi-Cola concentrates by the Commissioner of Customs.

Due to the complaint, President Ramon Magsaysay constituted an investigating committee to investigate
the petitioner. The case was remained pending until the death of President Magsaysay. Executive
Secretary Castillo, by authority of the President, rendered a decision on the case which found the
petitioner guilty. The petitioner filed request for reconsideration which was denied twice by Castillo.

ISSUE

Whether or not the respondent has authority to render a decision on the administrative case of the
petitioner.

RULING

No.

The power of control of the President may extend to the power to investigate, suspend or remove
officers and employees who belong to the executive department if they are presidential appointees or
do not belong to the classified service for such can be justified under the principle that the power to
remove is inherent in the power to appoint, but not with regard to those officers or employees who
belong to the classified service for as to them that inherent power cannot be exercised.

The action taken by respondent, even with the authority of the President, in taking direct action on the
administrative case of petitioner, without submitting the same to the Commissioner of Civil Service, is
contrary to law and should be set aside.