G.R. No. L-23967 - Milanes vs. De Guzman

Section 2188 of the Revised Administrative Code mandates that the Provincial Governor is responsible for receiving and investigating complaints against municipal officers.
Complaints can be based on neglect of duty, oppression, corruption, or other forms of maladministration, as well as convictions for crimes involving moral turpitude.

The administrative charges against the mayor do not fall under the second category of complaints, as there was no conviction by final judgment for the alleged crimes.
The acts attributed to the mayor occurred during a political rally and were not performed in his official capacity as mayor.
The mayor's actions, including making slanderous remarks and threats, were conducted as a toastmaster at a political event, indicating he was acting in a private capacity.

The incident in question occurred on November 13, 1961, during a political meeting where the mayor was not performing his official duties.
The mayor's remarks about Rolando Rivera's physical defect and subsequent physical confrontation were personal reactions to Rivera's criticisms of his administration.
The mayor's behavior was characterized as a personal affront rather than an official act, which does not constitute oppression or misconduct in office.

The mayor filed a petition against the Provincial Governor's suspension, claiming it was an abuse of discretion and lacked jurisdiction.
The lower court granted the mayor's request for a preliminary injunction against the suspension and the investigation by the Provincial Board.
The court found that the administrative charges did not warrant suspension under Section 2188, as the acts were not committed in the course of official duties.