G.R. No. L-19748 - Garcia vs. Executive Secretary

Republic Act 2067, known as the "Science Act of 1958," was enacted on June 13, 1958, creating the National Science Development Board (NSDB) to promote scientific and technological research in the Philippines.
Dr. Paulino J. Garcia was appointed by the President as the first Chairman of the NSDB, confirmed by the Commission on Appointments for a fixed six-year term under Section 6 of the Science Act.
Dr. Garcia qualified and assumed office on July 15, 1958, and organized the NSDB as an effective body for scientific advancement.

After the national elections in November 1961, a new administration took over. On February 9, 1962, petitioner was advised by the new Assistant Executive Secretary Rodrigo Perez to resign to avoid administrative action.
Executive Secretary, by authority of the President, required Dr. Garcia, on February 9, 1962, to explain charges of electioneering, based on affidavits of four persons.
Dr. Garcia denied the charges under oath on February 15, 1962, calling them false, malicious, and unsubstantial.

On February 16, 1962, the Executive Secretary found the explanation unsatisfactory and ordered Dr. Garcia’s preventive suspension effective upon receipt, which took effect on February 18, 1962.
The same day before suspension, February 17, 1962, Juan Salcedo, Jr. was designated Acting Chairman of the NSDB by the President.
By Administrative Order No. 5 dated February 17, 1962, an investigating committee was created to look into the charges. An additional charge of dishonesty in office was filed on February 23, 1962.
Investigation commenced on February 27 but was postponed indefinitely due to the absence abroad of one committee member, with approval from the President.

Dr. Garcia filed a petition on May 5, 1962, arguing that his preventive suspension exceeded 60 days, violating Section 35 of the Civil Service Act of 1959 (Republic Act 2260).
He prayed for the suspension beyond 60 days to be declared illegal and that Juan Salcedo, Jr. be declared guilty of unlawfully holding the Chairman’s office since April 19, 1962.

Petitioner contended that Section 35 is mandatory and applicable, requiring lifting of suspension if administrative cases are not decided within 60 days.
Respondents argued that Section 35 applies only to officers or employees whose cases are decided by the Commissioner of Civil Service and not to presidential appointees like Dr. Garcia.
Respondents claimed no law regulates preventive suspension duration for presidential appointees under investigation.

Whether Section 35 of the Civil Service Act of 1959 limiting preventive suspension to 60 days pending administrative investigation applies to officers appointed by the President with fixed terms removable only for cause.
Whether the respondent Juan Salcedo, Jr. was unlawfully exercising the functions of Chairman of the NSDB beyond the 60-day suspension period of petitioner.
Whether the extension of the preventive suspension beyond 60 days without a final decision violates procedural due process rights of the petitioner.