JOSE D. VILLENA VS.

THE SECRETARY OF THE INTERIOR

G.R NO. L-46570, April 21, 1939

Laurel, J.

FACTS

Jose D. Villena, the petitioner, filed a petition for preliminary injunction against the Secretary of the
Interior, the respondent, to restrain him and his agents from proceeding with the investigation of the
petitioner, Mayor of Makati, Rizal until this case is finally determined by the Court.

The respondent requested the Division of Investigation of the Department of Justice to conduct an
inquiry into the conduct of the petitioner in which it has found to have committed bribery, extortion,
malicious abuse of authority and unauthorized practice of the law profession. As a result, the respondent
recommended to the President of the Philippines the suspension of the petitioner to prevent possible
coercion of witnesses, which was granted verbally by the President on the same day according to the
answer of the Solicitor-General. The respondent instructed the Provincial Governor of Rizal to suspend
the petitioner and wrote a letter informing him of his charges and notifying him of the designation of
Emiliano Anonas as special investigator for formal investigation.

The petitioner contends that the respondent’s act to suspend, impose charges and designate an
investigator against him is null and void.

ISSUE

Whether the respondent’s act to suspend, impose charges and designate a special investigator against
him is valid.

RULING

Yes.

It has been held that the respondent is invested with authority to suspend, order the investigation of the
charges and appoint a special investigator for that purpose against the petitioner.

The President shall have control of all the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed. The department secretaries may act in a purely advisory capacity or
under the direction and authority of the President in the latter's exercise of his constitutional power of
control, and, in such cases, the proposition contained in the majority decision applies, because then, the
department secretaries act purely for the Chief Executive.