Case Summary (G.R. No. 185757)
Nature of the Petition
The petitioner filed a petition for writs of prohibition and mandamus on April 23, 1965, challenging the legality of an administrative order issued by the Executive Secretary, which suspended Dumlao from office and directed him to relinquish his duties to the Vice-Governor. Dumlao contended that the President's authority to suspend provincial officials, as stated in Section 2078 of the Revised Administrative Code, was limited by Article VII, Section 10(1) of the Philippine Constitution, thereby rendering the suspension arbitrary and oppressive.
Procedural History
The Solicitor-General filed an answer on April 28, 1965, responding to the allegations made by Dumlao. A hearing was subsequently held on April 29, 1965, concerning the preliminary injunction requested by the petitioner to prevent the enforcement of his suspension. Following this, Dumlao filed an urgent motion on May 14, 1965, requesting a resolution on the injunction or a restraining order against the continuation of the investigation by Assistant Solicitor General Torres. On May 17, 1965, the court issued a restraining order and required a comment from the Solicitor-General's Office, which was never filed despite several extensions.
Mootness of the Petition
As of the last recorded action on the case, which included extensions granted for filing memoranda, the significance of the petition diminished due to the change of administration following the national elections of November 1965. The expiration of Dumlao's term at the end of December 1967 further contributed to the case’s mootness. The court observed that Dumlao had been reelected for another four-year term in the November 1967 local elections.
Legal Developments Affecting the Case
Additionally, the principal legal issue concerning the applicability of Section 2078 of the Revised Administrative Code became moot with the enactment of Republic Act 5185, also known as the Decentralization Act of 1967, on September 12, 1967. This change in law further rendered the petition
...continue readingCase Syllabus (G.R. No. 185757)
Case Overview
- The case involves a petition filed by Patricio G. Dumlao, then Provincial Governor of Nueva Vizcaya, challenging his preventive suspension from office by the previous administration.
- The petition was filed on April 23, 1965, against multiple respondents, including the Executive Secretary and the Vice-Governor.
- The central issues revolved around the legality of the suspension order issued by the President and the authority to suspend provincial officials.
Background of the Case
- The suspension order was based on administrative charges filed against Dumlao on March 19, 1964.
- Dumlao contested the validity of the suspension, arguing that it violated Article VII, Section 10(1) of the Philippine Constitution and was arbitrary and oppressive.
- He sought a writ of prohibition and mandamus, aiming to halt the enforcement of the suspension and the investigation being conducted by Assistant Solicitor General Antonio A. Torres.
Legal Proceedings and Motions
- The Solicitor General filed an answer to Dumlao’s petition on April 28, 1965.
- A hearing for a preli