Case Digest (G.R. No. L-6225)
Facts:
Arsenio H. Lacson v. Hon. Marciano Roque, et al., G.R. No. L-6225, January 10, 1953, Supreme Court En Banc, Tuason, J., writing for the Court. Petitioner Arsenio H. Lacson, then Mayor of the City of Manila, sought an original writ of prohibition contesting his suspension from office issued by the President and communicated through Acting Executive Secretary Marciano Roque; Bartolome Gatmaitan, Vice‑Mayor, had assumed mayoral duties, and Col. Dionisio Ojeda as Acting Chief of Police was named for enforcement of the suspension.In October 1952 Mayor Lacson publicly criticized the acquittal of Deputy Chief of Police Celestino C. Juan and, in a radio broadcast, denounced Judge Agustin P. Montesa with language the petition alleges; Montesa asked the Secretary of Justice for a special prosecutor to handle a libel complaint. On October 24 the Secretary of Justice issued Special Administrative Order No. 235 designating Solicitor Martiniano P. Vivo to assist the City Fiscal in investigating Judge Montesa’s complaint. Solicitor Vivo conducted a preliminary investigation largely without the assigned Assistant Fiscals, and on October 30 filed an information for libel in the Court of First Instance, docketed as criminal case No. 20707 (and City Fiscal file No. 27909).
On October 31 the President suspended Mayor Lacson “in view of the pendency before the Court of First Instance of Manila criminal case No. 20707” and pursuant to an asserted administrative policy suspending local elective officials charged with offenses involving moral turpitude; the suspension was to continue until final disposition of the criminal case, and Vice‑Mayor Gatmaitan took over the mayoralty.
Petitioner brought this original action for prohibition directly to the Supreme Court, attacking the form and substance of the designation and preliminary investigation and, principally, the legality of the suspension. The respondents did not deny the salient allegations; the Court assumed, for decision purposes, that the Solicitor’s designation and investigation were regular and proceeded to decide the validity of the suspension.
The Court resolved the case on the merits in an en banc decision by Justice Tuason, with Justices Feria,...(Pro-only)
Issues:
- Does the President have the statutory or constitutional authority to remove or suspend the Mayor of the City of Manila, and if so, on what causes may such removal or suspension be exercised?
- Was the specific suspension of Mayor Lacson — based solely on the pendency of a criminal libel case — valid in s...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)