EN BANC
G.R. No. 99031 October 15, 1991RODOLFO D. LLAMAS, petitioner,
vs.
EXECUTIVE SECRETARY OSCAR ORBOS and MARIANO UN OCAMPO III, respondents.
Mauricio Law Office for petitioner.
Ongkiko, Bucoy, Dizon & Associates for private respondent.
PARAS, J.:p
The
case before Us calls for a determination of whether or not the
President of the Philippines has the power to grant executive clemency
in administrative cases. In connection therewith, two important
questions are also put in issue, namely, whether or not the grant of
executive clemency and the reason therefore, are political questions
beyond judicial review, and whether or not the questioned act was
characterized by grave abuse of discretion amounting to lack of
jurisdiction.
Petitioner Rodolfo D. Llamas is the incumbent
Vice-Governor of the Province of Tarlac and, on March 1, 1991 he
assumed, by virtue of a decision of the Office of the President, the
governorship (p. 1, Petition). Private respondent Mariano Un Ocampo III
is the incumbent Governor of the Province of Tarlac and was suspended
from office for a period of 90 days. Public respondent Oscar Orbos was
the Executive Secretary at the time of the filing of this petition and
is being impleaded herein in that official capacity for having issued,
by authority of the President, the assailed Resolution granting
executive clemency to respondent governor.
Sometime in 1989, petiotioner, together with Tarlac
Board Members Marcelino Aganon, Jr. and Arnaldo P. Dizon, filed on June
13, 1989 a verified complaint dated June 7, 1989 against respondent
governor before the then Department of Local Government (DLG, for
short), charging him with alleged violation of Section 203(2) (f) 203(2)
(p), and 208(w), of Batas Pambansa (B.P.) Blg. 337, otherwise known as
the Local Government Code, and other appropriate laws, among them, the
Anti-Graft and Corrupt Practices ACt. Prior to that, petitoner filed
with the Office of the Omdusman a verified complainant dated November
10, 1988 against respondent governor for the latter's alleged viloation
of Section 3-G of Republic Act. (R.A.) No. 3019, otherwise known as the
Anti-Graft and Corrupt Practices Act.
The complaint before the DLG, docketed as
Administrative Case 10459, was subsequently tried, where both petitioner
and respondent govemor presented their respective evidence.
Petitioner maintains that sometime in August, 1988,
respondent governor, in his official capacity as Provincial Governor
Tarlac, entered into and executed a Loan Agreement with Lingkod Tarlac
Foundation, Inc., a non-stock and non-profit organization headed by the
governor himself as chairman and controlled by his brother-in-law as
executive director, trustee, and secretary; that the said Loan Agreement
was never authorized and approved by the Provincial Board, in direct
contravention of the provisions of the Local Government Code; that the
said Agreement is wholly one-sided in favor of the Foundation and
grossly inimical to the interest of the Provincial Government (because
it did not provide for interest or for any type security and it did not
provide for suretyship and comptrollership or audit to control the safe
disbursement of said loan); that a total amount of P20,000,000.00 was
disbursed to the aforesaid Foundation; that the transactions constitute a
fraudulent scheme to defraud the Provincial Government; and that the
said Agreement is wholly unconstitutional, illegal, a immoral. (Annex
"A", Petition)
On the other hand, it is the contention of respondent
governor that "the funds were intended to generate livelihood project
among the residents of Tarlac and the use of the Lingkod Tarlac
Foundation, Inc. was authorized by law and considered the best
alternative as a matter of judgment." (pp. 12-13, Appeal Memorandom);
that he resigned from the said Foundation in order to forestall any
suspicion that he would influence it; that it is not true that the Loan
Agreement did not provide for continuing audit by the Provincial
Government because the Memorandum of Agreement provides otherwise; and
that the Agreement is not manifestly and grossly disadvantageous to the
Provincial Government and respondent governor did not and would not
profit thereby because it provided sufficient safeguards for repayment.
(Annex "A", Petition)
After trial, the Secretary of the then Department of
Local Government rendered a decision dated September 21, 1990,
dispositive portion of which reads:
WHEREFORE,
Governor Mariano Un Ocampo III is, as he hereby found guilty of having
violated Section 3(g) of Republic Act No.3019, otherwise known as the
Anti-Graft and Corrupt Practices Act, which act amounts to serious
neglect of duty and/or abuse of authority, for which tilp penalty of
suspension from office for a period of ninety (90) days, effective upon
the finality of this Decision, is hereby imposed upon him. (p. 3,
Petition)
Parenthetically, be it noted that the Resolution imposed not a preventive suspension but a penalty of suspension.
Respondent govemor moved for a reconsideration of the
abovequoted decision but the same was denied on October 19, 1990.
Aggrieved, he appealed the DLG decision dated September 21, 1990 and the
order of denial dated October 19, 1990 to the Office of the President
(O.P. Case No. 4480).
On February 26, 1991, herein public respondent
Executive Secretary issued a Resolution dismissing respondent governor's
appeal and affirming the September 21, 1990 DLG decision.
Subsequently, and pursuant to Sec. 66, Chapter 4 of
B.P. Blg. 337, to the effect that the decision of the Office of the
President in administrative suspension of local officials shall be
immediately executory without prejudice to appeal to appropriate courts,
petitioner, on March 1, 1991, took his oath of office as acting
governor. Under the administrative suspension order, petitioner had up
to May 31, 1991 as acting governor. On the same date (March 1, 1991),
respondent govemor moved for a reconsideration of the Executive
Secretary's Resolution, to which petitioner filed an opposition. From
the allegations of the petitioner in his petition, respondent govemor
accepted his suspension and turned over his office to petitioner.
To the surprise of petitioner, however, respondent
govemor on March 19, 1991, issued an "administrative order" dated March
8, 1991, in which the latter signified his intention to "(continue, as I
am bound to exercise my fimctions as govemor and shall hold office at
my residence," in the belief that "the pendency of my Motion for
Reconsideration precludes the coming into finality as executory the DLG
decision." (Annex "E", Petition; p. 10, Comment). And, as categorically
stated in the petition, the reassumption ceremony by respondent governor
was held on May 21, 1991 (p. 8, Petition).
Without ruling on respondent governor's Motion for
Reconsideration, public respondent issued a Resolution dated May 15,
1991, in O.P. Case No. 4480, which reads:
This
refers to the petition of Gov. Mariano Un Ocampo III of Tarlac for
executive clemency, interposed in connection with the decision of the
Secretary of then Department of Local Governmen (DLG) dated 21 September
1990, as affirmed in a Resolution of this Office dated 26 February
1991, suspending petitioner from office for period of ninety (90) days
upon the finality of said decision.
As will be recalled, the DLG Secretary imposed the
penalty of suspension upon his finding that petitioner was guilty of
serious neglect of duty and/or abuse of authority for entering into a
loan contract — with the Lingkod Tarlac Foundation, Inc. (LTFI) —
grossly/manifestly disadvantageous to Tarlac Province. In his
letter-petition of 10 May 1991, thereby pleading for a thirty (30)-day
reduction of his suspension, petitioner invited attention to the DLG
Secretary's decision clearing him of having personally benefitted from
the questioned transaction. In the same letter, petitioner manifests
serving more than sixty (60) days of the ninety-day suspension.
Previously, petitioner submitted documents and letters from his
constituents tending to show the relative success of his livelihood loan
program pursue under the aegis of the LTFI and/or the Foundation's
credible loan repayment record. To cite some:
1. Certification of the Chairman,Tarlac Integrated
Livelihood Cooperative, Inc., attesting to the full payment of its loan
(P15.05 M) plus interest with LTFI;
2. Certification of the Manager, Rural Bank of Geron
(Tarlac), Inc., attesting to the gradual liquidation of the loan granted
to family-borrowers out of funds provided by LTFI;
3. Letter of Jover's Phil., expressing gratitude for the loan assistance extended for its export activities by LTFI;
4. Letter of the Tarlac Provincial Agricultural
Officer i forming that the proceeds of the loan from LTFI have bee
utilized in hybrid com production; and
5. Letter of the President of the Federation of
Tobacco Leaf Producers of Tarlac, Inc., informing of the payment of 76
of the amount (P203,966.00) loaned to the Federation for tobacco
production.
Petitioner's act, vis-a-vis the loan to LTFI,
may have been promp by an over eagerness to accelerate the delivery of
livelihood services to his provincemates. As the truism goes, however,
the end does not always justify the means. Be that as it may, but
without belaboring the propriety of the loan agreement aforementioned,
some measure of leniency may be accorded petitioner as the purpose of
his suspen sion may have made its mark.
WHEREFORE, Governor Mariano Un Ocampo III is hereby
granted executive clemency in the sense that his ninety-day suspension
is hereby reduced to the period already served.
SO ORDERED.
(Annex "F", Petition; pp. 25-26, Rollo)
By virtue
of the aforequoted Resolution, respondent governor reassumed the
governorship of the province, allegedly withou any notification made to
the petitioner.
Petitioner posits that the issuance by public
respondent of the May 15, 1991 Resolution was "whimsical, capricious and
despotic, and constituted grave abuse of discretion amounting lack of
jurisdiction," (p. 6, petition) basically on the ground th executive
clemency could be granted by the President only in criminal cases as
there is nothing in the statute books or even in the Constitution which
allows the grant thereof in administrative cases. Petitioner also
contends that since respondent governor refused to recognize his
suspension (having reassumed the governorship in gross defiance of the
suspension order), executive clemency cannot apply to him; that his
rights to due process were violated because the grant of executive
clemency was so sudden that he was not even notified thereof; and that
despite a finding by public respondent of impropriety in the loan
transaction entered into by respondent governor, the former failed to
justify the reduction of the penalty of suspension on the latter.
Petitioner further alleges that the exftutive clemency granted by public
respondent was "the product of a hocus-pocus strategy" (p. 1,
Manifestation with Motion, etc.) because there was allegedly no real
petition for the grant of executive clemency filed by respondent
govemor.
Batas Pambansa Blg. 337 provides:
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, ...
(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 s
warrants, or when the continuance in office of the respondent coul
influence the witnesses or pose a threat to the safety and integrity 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 the proceedings against
him until its termination. (Emphasis supplied)
It is
admitted by petitioner that since March 1, 1991, he has assumed the
governorship. A portion of the petition is hereon der quoted as follows:
7.
[On February 28, 1991], and in accordance with the provisions of the
Local Government Code (Sec. 66, Chapter 4, Batas Pambansa Blg. 337), to
the effect that the decision of the Office of the President in an
administrative suspension of local officials shall be immediately
executory without prejudice to appeal to appropriate courts, Petitioner
Llamas took his oath of office as acting govemor. Under the
administrative suspension order, Llamas had up to May 31 [sic 29] 1991
as acting governor;
8. A copy of this oath of office is attached and made a part hereof as Annex B;
9. Significantly, this oath of office was sworn to by
Petitioner Llamas before Secretary Santos of the newly created
Department Interior and Local Government, as shown by the lower portion
Annex B, and by a picture of the oathtaking itself, attached and mad a
part hereof as Annex B-1;
10. Subsequently, Petitioner Llamas and Respondent
Ocampo met, where Ocampo was shown Llamas' oath of office. During
meeting, held in the presence of all department heads at the provi cial
capitol and in the presence of various local government offici and
representatives of the media, Ocampo agreed to turn over reigns of the
provincial government to Petitioner;
11. In fact, Ocampo had asked the department heads
and all other officials of the provincial government of Tarlac to extend
their cooperation to Llamas, during the ninety days that the latter
would assume the governorship;
12. And, as if this was not enough, Ocampo even made
announcements in the media that he was allowing Petitioner Llamas to
perform his functions as acting governor at the Office of the Govern at
the Capitol where he (Ocampo) used to hold office (true enough Ocampo
has subsequently allowed Llamas to hold office at the of the Governor,
with Ocampo even escorting the acting therein last March 4, 1991);
l 3. An account of Ocampo's acceptance of his
suspension and of his having turned over his office to Petitioner Llamas
was published, front page, in the March 5, 1991 issue of the Manila
Bulletin. A copy of this news account is attached and made a part hereof
as Annex C);
14. Furthermore, various other officials, President
Aquino Rep. Jose Cojuangco included, have extended recognition to
Petitions Llamas' assumption of the governorship. Llamas met with
President Aquino and Rep. Cojuangco and, during this meeting, the two
highest officials of the land have asked Llamas to discharge his duties
acting governor;
15. Secretary Santos, for that matter, has issued a
designation to Tarlac Senior Board Member Aganon, dated March 18, 1991, a
pointing bim as acting vice governor of the province, "in view of the
suspension of Gov. Mariano Un Ocampo III, and the assumption Vice
Governor Rodolfo Llamas as acting governor." A copy of this designation
is attached and made a part hereof as Annex D;
xxx xxx xxx
30. ... [T]he reassumption ceremony by [Governor]
Ocampo was held [in the] morning of May 21, 1991 ... (pp- 2-4 & 7,
Petition; pp. 3-5 & 8, Rollo)
It is prayed in the instant petition dated May 21, 1991 that:
b.
In the meantime that this action is pending, and irnmediately upon the
filing hereof, a temporary restraining order be issued stopping the
Respondents from enforcing, in any manner, the aforesaid contested
resolution, and Respondent Ocampo, firom continuing with his
reassumption of the governorship. IN THE ALTERNATIVE, that a cease and
desist order be issued against Respondent Ocampo stopping him from
continuing with hiii reassumption of the governorship.
Let us
first deal with the issue on jurisdiction. Respondent govemor avers that
since under the Constitution fiffl discretionary authority is granted
to the President on the exercise of executive clemency, the same
constitutes a political question which is beyond judicial review.
Such a rule does not hold true in the case at bar.
While it is true that courts cannot inquire into the manner in which the
President's discretionary powers are exercised or into the wisdom for
its exercise, it is also a settled rule that when the issue involved
concerns the validity of such discretionary powers or whether said
powers are within the limits prescribed by the Constitution, We will not
decline to exercise our power of judicial review. And such review does
not constitute a modification or correction of the act of the President,
nor does it constitute interference with the functions of the
President. In this connection, the case of Tanada and Macapagal vs. Cuenco, et al., 103 Phil. 1051, is very enlightening, and We quote:
Elsewhere
in this treatise the well-known and well-established principle is
considered that it is not within the province of the courts to pass
judgment upon the policy of legislative or executive action. Where,
therefore, discretionary powers are granted by the Consfitution or by
statute, the manner in which those powers are exercised is not subject
to judicial review. The courts, therefore, concern themselves only with
the question as to the existence and extent of these discretionary
powers.
As distinguished from the judicial, the legislative
and executive departments are spoken of as the political departments of
government because in very many cases their action is necessarily
dictated by considerations of public or political policy. These
considerations of public or political policy of course will not permit
the legislature to violate constitutional provisions, or the executive
to exercise authority not granted him by the Constitution or by statute,
but, within these limits, they do permit the departments, separately or
together, to recognize that a certain set of facts exists or that a
given status exists, and these determinations, together with the
consequences that flow therefrom, may not be traversed in the courts.
(Willoughby on the Constitution of the United States, Vol. 3, p. 1326).
xxx xxx xxx
What is generally meant, when it is said that a
question is political, and not judicial, is that it is a matter which is
to be exercised by the people in their primary political capacity, or
that it has been specifically delegated to some other department or
particular officer of the goverrunent, with discretionary power to act.
See State vs. Cunningham, 81 Wis. 497, 51 L.R.A. 561; In Re Gunn, 50
Fan. 155; 32 Pac. 470, 948, 19 L. RA. 519; Green vs. Mills, 69 Fed. 852,
16, C. CA 516, 30 L.R.A- 90; Fletcher vs. Tuttle, 151 111, 41, 37 N.E.
683, 25 L.R.A. 143, 42 Am. St. Rep. 220. Thus the Legislature may in its
discretion determine whether it will pass a law or submit a proposed
constitutional amendment to the people. The courts have no judicial
control over such matters, not merely because they involve political
question, but because they are matters which the people have by the
Constitute delegated to the Legislature. The Governor may exercise the
powers delegated to him, free from judicial control, so long as he
observes the laws and acts within the limits of the power conferred. His
discretionary acts cannot be controllable, not primarily because they
are of a political nature, but because the Constitution and laws have
placed the particular matter under his control. But every officer under a
constitutional government must act according to law and subject him to
the restraining and controlling power of the people, acting through the
courts, as well as through the executive or the Legislature. One
department is just as representative as the other, and the judiciary the
department which is charged with the special duty of determinining the
limitations which the law places upon all official action. The
recognition of this principle, unknown except in Great Britain and
America, is necessary, to "the end that the government may be one of
laws and not men" — words which Webster said were the greatest contained
in any written constitutional document.
Besides,
under the 1987 Constitution, the Supreme Court has been conferred an
"expanded jurisdiction" to review the decisions of the other branches
and agencies of the government to determine whether or not they have
acted within the bounds of the Constitution (See Art. VIII, Sec. 1,
Constitution). "Yet, in the exercise thereof, the Court is to merely
check whether or not the govermental branch or agency has gone beyond
the constitutional limits of its jurisdiction, not that it erred or has a
different view" (Co vs. Electoral Tribunal of the House of
Representatives & Ong, G.R. Nos. 92191-92 and Balanquit vs.
Electoral Tribunal of the House of Representatives & Ong, G.R Nos.
92202-03, July 30, 1991).
In the case at bar, the nature of the question for
determination is not purely political. Here, we are called upon to
decide whether under the Constitution the President may grant executive
clemency in administrative cases. We must not overlook the fact that the
exercise by the President of her power of executive clemency is subject
to constitutional l'um'tations. We will merely check whether the
particular measure in question has been in accordance with law. In so
doing, We will not concern ourselves with the reasons or motives which
actuate the President as such is clearly beyond our power of judicial
review.
Petitioner's main argument is that the President may
grant executive clemency only in criminal cases, based on Article VII,
Section 19 of the Constitution which reads:
Sec.
19. Except in cases of impeachment, or as otherwise pro vided in this
Constitution, the President may grant reprieves, commu tations, and
pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty
with the concurrence of a majority of all the members of the Congress.
(Emphasis supplied)
According
to the petitioner, the qualifying phrase "after conviction by final
judgment" applies solely to criminal cases, and no other law allows the
grant of executive clemency or pardon to anyone who has been "convicted
in an administrative case," allegedly because the word "conviction"
refers only to criminal cases (par. 22-b, c, d, Petition). Petitioner,
however, describes in his very own words, respondent governor as one who
has been "convicted in an administrative case" (par. 22-a, petition).
Thus, petitioner concedes that the word "conviction" may be used either
in a criminal case or in an administrative case. In Layno, Sr. vs. Sandiganbayan, 136 SCRA 536, We ruled:
For
misfeasance or malfeasance ... any [elective official] could ... be
proceeded against administratively or ... criminally. In either case,
his culpability must be established ...
It is also
important to note that respondent govemor's Motion for Reconsideration
filed on March 1, 1991 was withdrawn in his petition for the grant of
executive clemency, which fact rendered the Resolution dated February
26, 1991 affirming the DLG Decision (which found respondent governor
guilty of neglect of duty and/or abuse of authority and which suspended
him for ninety (90) days) final.
Moreover, applying the doctrine "Ubi lex non
distinguit, nec nos distinguire debemos," We cannot sustain petitioner's
view. In other words, if the law does not distinguish, so We must no
distinguish. The Constitution does not distinguish between which cases
executive clemency may be exercised by the President, with the sole
exclusion of impeachment cases. By the same token, if executive clemency
may be exercised only in criminal cases, it would indeed be unnecessary
to provide for the exclusion of impeachment cases from the coverage of
Article VII, Section 19 of the Constitution. Following petitioner's
proposed interpretation, cases of impeachment are automatically excluded
inasmuch as the same do not necessarily involve criminal offenses.
In the same vein, We do not clearly see any valid and
convincing reason why the President cannot grant executive clemency in
administrative cases. It is Our considered view that if the President
can grant reprieves, commutations and pardons, and remit fines and
forfeitures in criminal cases, with much more reason can she grant
executive clemency in administrative cases, which are clearly less
serious than criminal offenses.
A number of laws impliedly or expressly recognize or support the exercise of the executive clemency in administrative cases.
Under Sec. 43 of P.D. 807, "In meritorious cases,
..., the President may commute or remove administrative penalties or
disabilities issued upon officers and employees, in disciplinary cases,
subject to such terms and conditions as he may impose in the interest of
the service."
During the deliberations of the Constitutional
Commission, a subject of deliberations was the proposed amendment to
Art. VII, Sec. 19 which reads as follows: "However, the power to grant
executive clemency for violation of corrupt practices laws may be limited by legislation."The
Constitutional Commission, however, voted to remove the amendment,
since it was in derogation of the powers of the President. As Mr.
Natividad stated:
I
am also against this provision which will again chip more powers from
the President. In case of other criminals convicted in our society we
extend probation to them while in this case, they have already been
convicted and we offer mercy. The only way we can offer mercy to them is
through this executive clemency extended to them by the President. If
we still close this avenue to them, they would be prejudiced even worse
than the murderers and the more vicious killers in our society ....
The
proposal was primarily intended to prevent the President from protecting
his cronies. Manifestly, however, the Commission preferred to trust in
the discretion of Presidents and refrained from putting additional
limitations on his clemency powers. (II RECORD of the Constitutional
Commission, 392, 418-419, 524-525)
It is evident from the intent of the Constitutional
Commission, therefore, that the President's executive clemency powers
may not be limited in terms of coverage, except as already provided in
the Constitution, that is, "no pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules and regulations shall be
granted by the President without the favorable recommendation of the
COMELEC" (Article IX, C, Section 5, Constitution). If those already
adjudged guilty criminally in court may be pardoned, those adjudged
guilty administratively should likewise be extended the same benefit.
In criminal cases, the quantum of evidence required
to convict an individual is proof beyond reasonable doubt, but the
Constitution grants to the President the power to pardon the act done by
the proved criminal and in the process exempts him from punishment
therefor. On the other hand, in administrative cases, the quantum of
evidence required is mere substantial evidence to support a decision,
not to mention that as to the admissibility of evidence, administrative
bodies are not bound by the technical and rigid rules of admissibility
prescribed in criminal cases. It will therefore be unjust and unfair for
those found guilty administratively of some charge if the same effects
of pardon or executive clemency cannot be extended to them, even in the
sense of modifying a decision to subserve the interest of the public.
(p. 34, Comment of public respondent)
Of equal importance are the following provisions of
Executive Order No. 292, otherwise known as the Administrative Code of
1987, Section I, Book III of which provides:
SECTION 1. Power of Control.
— The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully
executed.
SECTION 38. Definition of Administrative Relationships.
— Unless otherwise expressly stated in the Code or in other laws
defining the special relationships of particular agencies,
administrative relationships shall be categorized and defined as
follows:
(1) Supervision and Control.
— Supervision and control shall include authority to act directly
whenever a specific function is entrusted by law or regulation to a
subordinate; direct the performance of duty; restrain the commission of
acts; review, approve, reverse or modify acts and decisions of subordinate officials or units;
determine priorities in the execution of plans and programs. Unless a
different meaning is explicitly provided in the specific law governing
the relationship of particular agencies the word "control" shall
encompass supervision and control as defined in this paragraph. ...
(emphasis supplied)
The disciplinary authority to investigate, suspend,
and remove provincial or city officials devolves at the first instance
on the Department of Interior and Local Government (Secs. 61 and 65,
B.P. Blg. 337) and ultimately on the President (Sec. 66). Implicit in
this authority, however, is the "supervision and control" power of the
President to reduce, if circumstances so warrant, the imposable penalty
or to modify the suspension or removal order, even "in the sense" of
granting executive clemency. "Control," within the meaning of the
Constitution, is the power to substitute one's own judgment for that of a
subordinate. Under the doctrine of Qualified Political Agency, the
different executive departments are mere adjuncts of the President.
Their acts are presumptively the acts of the President until
countermanded or reprobated by her (Vinena v. Secretary, 67 Phil. 451;
Free Telephone Workers Union vs. Minister of Labor and Employment, 108
SCRA 767 [1981]). Replying upon this view, it is urged by the Solicitor
General that in the present case, the President, in the exercise of her
power of supervision and control over all executive departments, may
substitute her decision for that of her subordinate, most especially
where the basis therefor would be to serve the greater public interest.
It is clearly within the power of the President not only to grant
"executive clemency" but also to reverse or modify a ruling issued by a
subordinate against an erring public official, where a reconsideration
of the facts alleged would support the same. It is in this sense that
the alleged executive clemency was granted, after adducing reasons that
subserve the public interest. — "the relative success of . . .
livelihood loan program." (pp. 39-40, Comment of public respondent)
We wish to stress however that when we say the
President can grant executive clemency in administrative cases, We refer
only to all administrative cases in the Executive branch, not in the
Judicial or Legislative branches of the government.
Noteworthy is the fact that on March 1, 1991,
respondent governor filed a motion for reconsideration and the same may
be regarded as implicitly resolved, not only because of its withdrawal
but also because of the executive clemency which in effect reduced the
penalty, conformably with the power of "control."
On petitioner's argument that private respondent's
motion for reconsideration has abated the running of the reglementary
period for finality of judgment in O.P. Case No. 4480 (that is, there
being no final judgment to speak of, the pardon granted was premature
and of no effect, We reiterate the doctrine that upon acceptance of a
presidential pardon, the grantee is deemed to have waived any appeal
which he may have filed. Thus, it was held that:
The
commutation of the penalty is impressed with legal significance. That
is an exercise of executive clemency embraced in the pardoning power.
According to the Constitution: "The President may except in cases of
impeachment, grant reprieves, commutations and pardons, remit fines and
forfeitures and, with the concurrence of the Batasang Pambansa, grant
amnesty. "Once granted, it is binding and effective. It serves to put an
end to this appeal." (Mansanto v. Factoran, Jr., G.R. No. 78239, 170
SCRA 190. 196). (See also Peo v. Crisola, 129 SCRA 13)
Consequently,
respondent governor's acceptance of the presidential pardon "serves to
put an end" to the motion for reconsideration and renders the subject
decision final, that of the period already served.
Finally, petitioner's argument that his
constitutional rights to due process were violated is uruneritorious.
Pardon has been defined as "the private, though official, act of the
executive magistrate, delivered to the individual for whose benefit it
is intended and not communicated officially to the court. ..." (Bernas,
The Constitution of the Philippines, Vol. II, First Ed. 1988, pp.
239-240, citing U.S. v. Wilson, 7 Pet. 150 [U.S. 1833]). Thus, assuming
that petitioner was not notified of the subject pardon, it is only
because said notice is unnecessary. Besides, petitioner's claim that
respondent governor has not begun serve sentence is belied by his very
own factual allegations in his petition, more particularly that he
served as Acting Governor of Tarlac effective from the date he took his
Oath of Office on February 28, 1991 up to the time respondent govemor
reassumed the governorship of Tarlac on May 21, 1991 (par. 30 petition).
It is, therefore, error to say that private respondent did not serve
any portion of the 90-day suspension meted upon him.
We fail to see any grave abuse of discretion amounting to lack or in excess of jurisdiction committed by public respondent.
WHEREFORE, judgment is hereby rendered: (1) DECLARING
that the President did not act arbitrarily or with abuse, much less
grave abuse of discretion in issuing the May 15, 1991 Resolution
granting on the grounds mentioned therein, executive clemency to
respondent governor and that, accordingly, the same is not
unconstitutional (without prejudice to criminal proceedings which have
been filed or may be filed against respondent governor), and (2) DENYING
the rest of the prayers in the petition for being unmeritorious, moot
and academic. No costs.
SO ORDERED.
Fernan, C.J., Bidin, Sarmiento, Griño-Aquino, Medialdea, Regalado and Davide, Jr., JJ., concur.
Melencio-Herrera, J., is on leave.
Separate Opinions
I concur in the result and would s the challenged
resolution of May 18, 1991, on the basis only of the Fresident's control
power. I think the discussion of the pardoning power is unnecessary and
may even be misleading as the ponencia itself says that it was
not by virtue thereof that the private respondent's penalty was reduced.
The correct approach, if I may spectfully suggest it, is to uphold the
resolution solely on strength of the President's power of "control of
all the executive departments, bureaus and offices" under Article VII,
Sect 17, of the Constitution.
We have held in many cases that a Cabinet member is an alter ego of
the President whose acts may be affirmed, modified reversed by the
latter in his discretion. (Villena v. Sec. of Interior, 67 Phil. 451;
Lacson-Magallanes v. Paño, 21 SC 895; Gascon v. Arroyo, 178 SCRA 582; De
Leon v. Carpio, 1 SCRA 457). What happened in this case was that
President Aquino saw fit to amend the decision rendered by the Secretary
of Local Government on September 21, 1990, by reducing 90-day
suspension imposed on Gov. Ocampo. The President had the authority to do
this, and she could exercise it through Executive Secretary. His act,
not having been "reprobated disauthorized" by her, is presumed to be the
act of the Preside herself.
The Court is not concerned with the wisdom of that
act, on its legality. I believe the act is legal but reserve judgment on
its wisdom.
PADILLA, J., dissenting:
I vote to grant the petition which seeks to annul the
15 May 1991 resolution of the Office of the President, for the reason
that the respondent Executive Secretary, presumably acting on behalf of
the President, had acted in excess of his jurisdiction in granting
executive clemency to private respondent Ocampo III by reducing the
ninety-day suspension imposed upon him to the period he had already
served.
Under the
Local Government Code (BP 337), — the law in force at the time material
to this case, the authority of the President over local governments is
one of general supervision only, to ensure that local affairs are
administered according law. General supervision over local governments
includes the authority to order an investigation of the conduct of local
officials whenever necessary. 1 The
1987 Constitution as well as the Administrative Code of 1987 also
grants to the President the power of general supervision over local
governments. 2
In taking disciplinary action against local elective officials, the President has no inherent power to suspend or remove them unless authorized by law and on grounds set forth by the latter. 3 Section 60 of the Local Government Code 4 enumerates
the acts for which an elective local official may be suspended or
removed. The Secretary of Interior and Local Government is given the
authority to try complaints filed against any elective city or
provincial official. 5 The
decision of removal or suspension by the Secretary of Interior and
Local Government is appealable to the Office of the President. 6
The appellate jurisdiction of the President to review, reverse or
modify the decision of the Secretary of Interior and Local Government
does not carry with it the power to grant executive clemency. Neither
does the Local Government Code expressly vest upon the President the
power to commute or lift the administrative sanctions imposed upon
erring, local elective officials after the decision has become final.
The
suspension of private respondent Ocampo III for ninety (90) days was
imposed after investigation and hearing of the complaint against him.
The decision of suspension was rendered after a finding by the Secretary
of Interior and Local Government that private respondent had committed
and which was manifestly and grossly disadvantageous to the Provincial
Government of Tarlac. Thus, the suspension meted o to private respondent
is entirely distinct and separate from preventive suspension imposed
on local elective officials prior the final determination of the
complaint filed against them, which is limited to only sixty (60) days
under the Local Government Code. A preventive suspension may be imposed
after issues have been joined and before the termination of the case
when there is reasonable ground to believe that respondent had committed
the act complained of and the evidence of culpability is strong, when
the gravity of the offense warrants such preventive suspension; or when
the continuance in office of the respondent could influence the
witnesses or pose a threat to the safe and integrity of the records and
other evidence. 7
In
contrast, the administrative sanction of suspension imposed after the
case has been heard is subject to the limitation that it must not exceed
the unexpired term of the respondent nor bar the respondent from an
elective public office for as long as he meets the qualifications
required by law. 8
Considering that private respondent's suspension was not a preventive
one but a punitive sanction, the limitation of sixty (60) days does not
apply.
At the time the questioned grant of executive
clemency was issued by respondent Secretary to private respondent, a
motion for reconsideration by private respondent Ocampo III was pending.
Assuming (without admitting) that the constitutional power of the
President to grant executive clemency extends to administrative
sanctions imposed in an administrative proceeding such reduction of the
period of suspension of private respondent was premature under
the circumstances. Had respondent Secretary, acting for the President,
really believed that the origin 90-day period of suspension imposed upon
private respondent was too harsh, the President could have modified the
imposed penalty by reducing the same or entirely lifting such
suspension in resolving the pending motion for reconsideration.
Furthermore, private respondent had already served eighty one (81) days
out of the 90-day suspension when the executive clemency was extended.
With only nine (9) days left unserved of the suspension imposed, the
reason behind the grant of such executive clemency to private respondent
appears dubious, if not entirely whimsical.
It is the contention of private respondent that the
reduction of his suspension was granted in accordance with the
Constitution. I disagree. It is my opinion that the constitutional
grant of power to the President to accord executive clemency, does not
extend to administrative sanctions imposed, in an administrative
proceeding. Sec. 19, Art. VII of the 1987 Constitution clearly provides that —
Section
19. Except in cases of impeachment, or as otherwise provided in this
Constitution, the President may grant reprieves, commutations, and
pardons, and remit fines and forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with
the concurrence of a majority of all the Members of the Congress.
(Emphasis supplied)
The
philosophy behind the grant of power to the President to grant
executive clemency is founded on the recognition that human institutions
are imperfect and that there are infirmities, deficiencies or flaws in
the administration of justice. The power exists as an instrument or
means for correcting these infirmities and also for mitigating whatever
harshness might be generated by a too strict an application of the law. 9 This principle applies to all criminal offenses committed against the state.
Pardon is
an act of grace proceeding from the power entrusted with the execution
of the laws, which exempts the individual on whom it is bestowed from
the punishment the law inflicts for a crime he has committed. It
is a voluntary act of the sovereign, granting outright remission of
guilt and declaring record that a particular individual is to be
relieved of the legal consequences of a particular crime. 10 Amnesty commonly
d notes a general pardon to rebels for their treason or other high
political offenses, or the forgiveness which one sovereign grants to the
subjects of another, who have offended by some breach the law of
nations. 11
A commutation of sentence is the reduction of penalty imposed 12 while reprieve is defined as the temporary suspension of the execution of a sentence, especially of a sentence of death. 13 The object of commutation of sentence is the rehabilitation the criminal offender. 14 The law of respite or reprieve appeal to apply only to capital sentences. 15
From
the foregoing definitions of the different forms by which the President
may exercise the power to grant executive clemency, it is plainly
evident that the intention of the Constitution is to empower and enable
the President to afford relief from enforcement of the criminal law
which imposes penalty and which appears unduly harsh. However, the
President's pardoning power cannot be used to release or destroy the
civil rights or remedies of private individuals, 16 or
to relieve against private obligations, civil penalties and
forfeitures, or an order or judgment in a civil action or proceeding, or
an administrative proceeding. 17
In
order that the President may be able to exercise the power to commute or
remove administrative penalties or disabilities in an administrative
proceeding for violation of the Local Government Code, such power must
be expressly provided for by law. It may not just be inferred from the
President's authority to exercise general supervision over local
governments nor from the President's power of control over the acts of
the Secretary of Interior and Local Government.
In the case at bar, private respondent entered into
and executed a loan agreement with a non-stock and non-profit
organization known as Lingkod Tarlac Foundation, Inc. without
instituting adequate safeguards in the loan document, without a time
frame for repayments, reasonable repayment schedule and security or
surety for the amount of the loan. Such act of private respondent was
found by the Secretary of Interior and Local Government as manifestly
and grossly disadvantageous to the Provincial Government of Tarlac,
amounting to serious neglect of duty and/or abuse of authority,
punishable by suspension or removal under Sec. 60 of the Local
Government Code.
The administrative sanction of suspension imposed
upon private respondent does not affect the criminal complaint also
filed against him before the Office of the Ombudsman for violation of
the Anti-Graft Law (Rep. Act 3019). The administrative finding of the
Secretary of Interior and Local Government, as affirmed by the Office of the President,
that private respondent had committed neglect of duty and/or abuse of
authority while in office, was not by virtue of a criminal proceeding. Thus, it cannot be said that there was a criminal conviction of the private respondent by final judgment.
Nor can it be said that the disciplinary action suspending private
respondent is an execution and/or enforcement of the criminal laws of
the land. Therefore, the President's power to grant executive clemency
is not applicable or even relevant in the case at bar.
From the deliberations of the Constitutional Commission which drafted the 1987 Constitution, it
is clear that the intention of the framers of the fundamental law was
to extend to the President the power to grant pardons, reprieves, or
commutations in cases involving criminal offenses, which include
violations of the Anti-Graft Law. There is no indication at all that
such power to grant executive clemency by the President may be extended
to administrative sanctions imposed in an administrative proceeding. In
this connection, it is timely to once more re-state that in a
constitutional republic, such as ours, sovereignty resides in the people
and all government authority emanates from them. The people, through
the Constitution, have delegated to the President and other institutions
of government certain powers and those not delegated remain with the
people. The President, in the Constitution, has been delegated the power
to grant reprieves, commutations and pardons "after conviction by final
judgment". This power can not be stretched even by fiction or
imagination to include the authority to grant similar reprieves,
commutations or pardons over sanctions in administratives proceedings.
ACCORDINGLY, I vote to annul the resolution of the
respondent Executive Secretary dated 15 May 1991, as having been issued
clearly in excess of jurisdiction or with grave abuse or discretion
amounting to lack or excess of jurisdiction.
# Separate Opinions
CRUZ, J., dissenting:I concur in the result and would s the challenged resolution of May 18, 1991, on the basis only of the Fresident's control power. I think the discussion of the pardoning power is unnecessary and may even be misleading as the ponencia itself says that it was not by virtue thereof that the private respondent's penalty was reduced. The correct approach, if I may spectfully suggest it, is to uphold the resolution solely on strength of the President's power of "control of all the executive departments, bureaus and offices" under Article VII, Sect 17, of the Constitution.
We have held in many cases that a Cabinet member is an alter ego of the President whose acts may be affirmed, modified reversed by the latter in his discretion. (Villena v. Sec. of Interior, 67 Phil. 451; Lacson-Magallanes v. Paño, 21 SC 895; Gascon v. Arroyo, 178 SCRA 582; De Leon v. Carpio, 1 SCRA 457). What happened in this case was that President Aquino saw fit to amend the decision rendered by the Secretary of Local Government on September 21, 1990, by reducing 90-day suspension imposed on Gov. Ocampo. The President had the authority to do this, and she could exercise it through Executive Secretary. His act, not having been "reprobated disauthorized" by her, is presumed to be the act of the Preside herself.
The Court is not concerned with the wisdom of that act, on its legality. I believe the act is legal but reserve judgment on its wisdom.
PADILLA, J., dissenting:
I vote to grant the petition which seeks to annul the 15 May 1991 resolution of the Office of the President, for the reason that the respondent Executive Secretary, presumably acting on behalf of the President, had acted in excess of his jurisdiction in granting executive clemency to private respondent Ocampo III by reducing the ninety-day suspension imposed upon him to the period he had already served.
Under the Local Government Code (BP 337), — the law in force at the time material to this case, the authority of the President over local governments is one of general supervision only, to ensure that local affairs are administered according law. General supervision over local governments includes the authority to order an investigation of the conduct of local officials whenever necessary. 1 The 1987 Constitution as well as the Administrative Code of 1987 also grants to the President the power of general supervision over local governments. 2
In taking disciplinary action against local elective officials, the President has no inherent power to suspend or remove them unless authorized by law and on grounds set forth by the latter. 3 Section 60 of the Local Government Code 4 enumerates the acts for which an elective local official may be suspended or removed. The Secretary of Interior and Local Government is given the authority to try complaints filed against any elective city or provincial official. 5 The decision of removal or suspension by the Secretary of Interior and Local Government is appealable to the Office of the President. 6 The appellate jurisdiction of the President to review, reverse or modify the decision of the Secretary of Interior and Local Government does not carry with it the power to grant executive clemency. Neither does the Local Government Code expressly vest upon the President the power to commute or lift the administrative sanctions imposed upon erring, local elective officials after the decision has become final.
The suspension of private respondent Ocampo III for ninety (90) days was imposed after investigation and hearing of the complaint against him. The decision of suspension was rendered after a finding by the Secretary of Interior and Local Government that private respondent had committed and which was manifestly and grossly disadvantageous to the Provincial Government of Tarlac. Thus, the suspension meted o to private respondent is entirely distinct and separate from preventive suspension imposed on local elective officials prior the final determination of the complaint filed against them, which is limited to only sixty (60) days under the Local Government Code. A preventive suspension may be imposed after issues have been joined and before the termination of the case when there is reasonable ground to believe that respondent had committed the act complained of and the evidence of culpability is strong, when the gravity of the offense warrants such preventive suspension; or when the continuance in office of the respondent could influence the witnesses or pose a threat to the safe and integrity of the records and other evidence. 7
In contrast, the administrative sanction of suspension imposed after the case has been heard is subject to the limitation that it must not exceed the unexpired term of the respondent nor bar the respondent from an elective public office for as long as he meets the qualifications required by law. 8 Considering that private respondent's suspension was not a preventive one but a punitive sanction, the limitation of sixty (60) days does not apply.
At the time the questioned grant of executive clemency was issued by respondent Secretary to private respondent, a motion for reconsideration by private respondent Ocampo III was pending. Assuming (without admitting) that the constitutional power of the President to grant executive clemency extends to administrative sanctions imposed in an administrative proceeding such reduction of the period of suspension of private respondent was premature under the circumstances. Had respondent Secretary, acting for the President, really believed that the origin 90-day period of suspension imposed upon private respondent was too harsh, the President could have modified the imposed penalty by reducing the same or entirely lifting such suspension in resolving the pending motion for reconsideration. Furthermore, private respondent had already served eighty one (81) days out of the 90-day suspension when the executive clemency was extended. With only nine (9) days left unserved of the suspension imposed, the reason behind the grant of such executive clemency to private respondent appears dubious, if not entirely whimsical.
It is the contention of private respondent that the reduction of his suspension was granted in accordance with the Constitution. I disagree. It is my opinion that the constitutional grant of power to the President to accord executive clemency, does not extend to administrative sanctions imposed, in an administrative proceeding. Sec. 19, Art. VII of the 1987 Constitution clearly provides that —
He shall also have the power to grant amnesty with the concurrence of a majority of all the Members of the Congress. (Emphasis supplied)
Pardon is an act of grace proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. It is a voluntary act of the sovereign, granting outright remission of guilt and declaring record that a particular individual is to be relieved of the legal consequences of a particular crime. 10 Amnesty commonly d notes a general pardon to rebels for their treason or other high political offenses, or the forgiveness which one sovereign grants to the subjects of another, who have offended by some breach the law of nations. 11
A commutation of sentence is the reduction of penalty imposed 12 while reprieve is defined as the temporary suspension of the execution of a sentence, especially of a sentence of death. 13 The object of commutation of sentence is the rehabilitation the criminal offender. 14 The law of respite or reprieve appeal to apply only to capital sentences. 15
From the foregoing definitions of the different forms by which the President may exercise the power to grant executive clemency, it is plainly evident that the intention of the Constitution is to empower and enable the President to afford relief from enforcement of the criminal law which imposes penalty and which appears unduly harsh. However, the President's pardoning power cannot be used to release or destroy the civil rights or remedies of private individuals, 16 or to relieve against private obligations, civil penalties and forfeitures, or an order or judgment in a civil action or proceeding, or an administrative proceeding. 17
In order that the President may be able to exercise the power to commute or remove administrative penalties or disabilities in an administrative proceeding for violation of the Local Government Code, such power must be expressly provided for by law. It may not just be inferred from the President's authority to exercise general supervision over local governments nor from the President's power of control over the acts of the Secretary of Interior and Local Government.
In the case at bar, private respondent entered into and executed a loan agreement with a non-stock and non-profit organization known as Lingkod Tarlac Foundation, Inc. without instituting adequate safeguards in the loan document, without a time frame for repayments, reasonable repayment schedule and security or surety for the amount of the loan. Such act of private respondent was found by the Secretary of Interior and Local Government as manifestly and grossly disadvantageous to the Provincial Government of Tarlac, amounting to serious neglect of duty and/or abuse of authority, punishable by suspension or removal under Sec. 60 of the Local Government Code.
The administrative sanction of suspension imposed upon private respondent does not affect the criminal complaint also filed against him before the Office of the Ombudsman for violation of the Anti-Graft Law (Rep. Act 3019). The administrative finding of the Secretary of Interior and Local Government, as affirmed by the Office of the President, that private respondent had committed neglect of duty and/or abuse of authority while in office, was not by virtue of a criminal proceeding. Thus, it cannot be said that there was a criminal conviction of the private respondent by final judgment. Nor can it be said that the disciplinary action suspending private respondent is an execution and/or enforcement of the criminal laws of the land. Therefore, the President's power to grant executive clemency is not applicable or even relevant in the case at bar.
From the deliberations of the Constitutional Commission which drafted the 1987 Constitution, it is clear that the intention of the framers of the fundamental law was to extend to the President the power to grant pardons, reprieves, or commutations in cases involving criminal offenses, which include violations of the Anti-Graft Law. There is no indication at all that such power to grant executive clemency by the President may be extended to administrative sanctions imposed in an administrative proceeding. In this connection, it is timely to once more re-state that in a constitutional republic, such as ours, sovereignty resides in the people and all government authority emanates from them. The people, through the Constitution, have delegated to the President and other institutions of government certain powers and those not delegated remain with the people. The President, in the Constitution, has been delegated the power to grant reprieves, commutations and pardons "after conviction by final judgment". This power can not be stretched even by fiction or imagination to include the authority to grant similar reprieves, commutations or pardons over sanctions in administratives proceedings.
ACCORDINGLY, I vote to annul the resolution of the respondent Executive Secretary dated 15 May 1991, as having been issued clearly in excess of jurisdiction or with grave abuse or discretion amounting to lack or excess of jurisdiction.
* Retired on October 8, 1991.
1 Local Government Code (BP 337), Sec. 14, par. (1).
2 1987 Constitution, Art. X, Sec. 4-1 1987 Administrative Code, Book III, Title 1, Chapter 6, Section 18.
3 Lacson vs. Roque, 92 Phil. 452.
4 Sec. 60. Suspension and Removal; Grounds. — An elective local official may be suspended or removed from office on any of the following grounds committed while in office:
(1) Disloyalty to the Republic of the Philippines;
(2) Culpable violation of the Constitution;
(3) Dishonesty, oppression, misconduct in ofuce and neglect of duty;
(4) Commission of any offense involving moral turpitude;
(5) Abuse of authority;
(6) Unauthorized absence for three consecutive months.
5 Local Government Code, Section 61.
6 Ibid, Section 66.
7 Local Government Code, Sec. 63.
8 Ibid., Sec. 65.
9 Comment by Joaquin G. Bemas, S.J. on the Revised 1973 Philippine Constitution, p. 228, Part 1, 1983 Edition.
10 67A C.J.S. Pardon and Parole S 3.
11 Villa vs. Allen, 2 Phil. 436.
12 Cabantay vs. Wolfe, 6 Phil. 276.
13 Philippine Law Dictionary by Moreno, p. 534, Second Edition.
14 67A C.J.S., Pardon and Parole S 3.
15 Director of Prisons vs. Judge of First Instance, 29 Phil. 292.
16 67A C.J.S. S 10, citing In re Nevitt, Mo. 117 F. 448, 117 Federal Reporter 448.
17 Ibid, citing Theodore vs. Department of Liquor Control, 527 S.W. 2d 350.
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