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>  The state shall ensure the autonomy of the local government

SECTION 25 ARTICLE II OF THE CONSTITUTION

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RODOLFO T. GANZON  VS.   THE HONORABLE COURT OF APPEALS and LUIS T. SANTOS

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A  series of 10  administrative complaints,  were  filed by various city officials against Petitioner Mayor  Ganzon  of Iloilo City  in  1988 .   Among them were: abuse  of authority, oppression, grave misconduct, disgraceful and immoral conduct, intimidation, culpable violation of the Constitution, and arbitrary detention.

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On the  pendency of the charges against the petitioner, Respondent Secretary of Department of Local Government (SECRETARY  OF  INFTERIOR ) issued a  preventive suspension order for a period of sixty (60) days.   When evidence were  found to exist on the charges , the respondent ordered   again  another preventive  suspension for another sixty (60)  days  on October 1988 . On    May  3, 1990 , for the third time ,  the respondent Secretary  issued    another  order,    suspending Mayor  Ganzon  for another sixty  days and designated  meantime Vice-Mayor  Mansueto   Malabor  as  the acting  mayor.

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Whether  o r not the Secretary of Local  Government , as the President’s alter ego can suspend and /or remove local officials? Whether or not the Secretary of Local Government acted with grave abuse of discretion in the manner by which he suspended the petitioner?

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YES. The  Constitution  did not intend to divest the legislature of its right or the President( through the Secretary of Interior)  of her prerogative as conferred by existing legislation to provide administrative sanctions against local officials for the sake of local autonomy and to deprive the legislature of all authority over municipal corporations, in particular, concerning discipline .

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Under  Section 3  Article X Local Government of the 1987 Constitution;   “The  Congress shall  enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization   with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units.”

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Local  autonomy, under the Constitution, involves a mere decentralization of  administration  in which local officials remain accountable to the central government in the manner the law may  provide.

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Autonomy is either decentralization of administration or decentralization of power.

Decentralization of administration   when the central government delegates administrative powers to political subdivisions in order to broaden the base of government power and in the process to make local governments:  More responsive   Accountable Self-reliant communities  Effective partners in the pursuit of national development and social progress. It also  relieves the central government of the burden of managing local affairs and enables it to concentrate on national concerns.

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Decentralization  of  power- involves  an abdication of political power in the  favor  of local governments units declared to be  autonomous. Local Governments remain accountable to the national authority and by law the national authority may impose disciplinary action against local officials.

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On the other issue:  Whether  or not the Secretary of Local Government acted with grave abuse of discretion in the manner by which he suspended the petitioner ? Yes .  Mayor  Ganzon  has been made to serve a total of 120 days of suspension and the possibility of sixty days more is arguably  a  violation of the Local Government Code which brings to light a pattern of suspensions intended to suspend the Mayor the rest of his natural  tenure. The secretary of Interior  exercised the power oppressively and  with a grave abuse of discretion  with the specific legal provisions of Batas  Blg . 337, the Local Government Code, which provides: Sec. 62.  Notice of Hearing . —  Within seven days after the complaint is filed, the Minister of local Government, or the  sanggunian  concerned, as the case may be, shall require the respondent to submit his verified answer within seven days from receipt of said complaint, and commence the hearing and investigation of the case within ten days after receipt of such answer of the respondent. No investigation shall be held within ninety days immediately prior to an election, and no preventive suspension shall be imposed with the said period. If preventive suspension has been imposed prior to the aforesaid period, the preventive suspension shall be  lifted. 24

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Sec. 63.  Preventive Suspension .  —   (1) Preventive suspension may be imposed by the Minister of Local Government if the respondent is a provincial or city official, by the provincial governor if the respondent is an elective municipal official, or by the city or municipal mayor if the respondent is an elective barangay official. (2) Preventive suspension may be imposed at any time after the issues are joined, when there is reasonable ground to believe that the respondent has committed the act or acts complained of, when the evidence of culpability is strong, when the gravity of the offense so warrants, or when the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. In all cases, preventive suspension shall not extend beyond sixty days after the start of said suspension. (3) At the expiration of sixty days, the suspended official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him until its  termination.However  ' if the delay in the proceedings of the case is due to his fault, neglect or request, the time of the delay shall not be counted in computing the time of suspension. 25

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Court decided for Mayor Rodolfo  Ganzon  to suffer the duration of his third suspension a total of 120  days   and  lifting,  the Temporary Restraining Order earlier issued. The Secretary of Interior is ORDERED to consolidate all such administrative cases pending against Mayor  Ganzon     and  prevent from  meting out further suspensions based on those remaining  complaints prior to August 11 1988,  notwithstanding findings of  prima facie   evidence.

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 On the other issue:  Whether  or not the Secretary of Local Government acted with grave abuse of discretion in the manner by which he suspended the petitioner ? Yes .  Mayor  Ganzon  has been made to serve a total of 120 days of suspension and the possibility of sixty days more is arguably  a  violation of the Local Government Code which brings to light a pattern of suspensions intended to suspend the Mayor the rest of his natural  tenure. The secretary of Interior  exercised the power oppressively and  with a grave abuse of discretion  with the specific legal provisions of Batas  Blg . 337, the Local Government Code, which provides: Sec. 62.  Notice of Hearing . —  Within seven days after the complaint is filed, the Minister of local Government, or the  sanggunian  concerned, as the case may be, shall require the respondent to submit his verified answer within seven days from receipt of said complaint, and commence the hearing and investigation of the case within ten days after receipt of such answer of the respondent. No investigation shall be held within ninety days immediately prior to an election, and no preventive suspension shall be imposed with the said period. If preventive suspension has been imposed prior to the aforesaid period, the preventive suspension shall be  lifted. 24

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 Sec. 63.  Preventive Suspension .  —   (1) Preventive suspension may be imposed by the Minister of Local Government if the respondent is a provincial or city official, by the provincial governor if the respondent is an elective municipal official, or by the city or municipal mayor if the respondent is an elective barangay official. (2) Preventive suspension may be imposed at any time after the issues are joined, when there is reasonable ground to believe that the respondent has committed the act or acts complained of, when the evidence of culpability is strong, when the gravity of the offense so warrants, or when the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. In all cases, preventive suspension shall not extend beyond sixty days after the start of said suspension. (3) At the expiration of sixty days, the suspended official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him until its  termination.However  ' if the delay in the proceedings of the case is due to his fault, neglect or request, the time of the delay shall not be counted in computing the time of suspension. 25

SECTION 25 ARTICLE II OF THE CONSTITUTION

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