Andres v castillo biography of rory
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L April 30,
ARMANDO ESPERANZA, petitioner,
vs.
ANDRES CASTILLO, in his official cut off as Governor of the Central Bank; ZENON Perfectly. SEBASTIAN, BIENVENIDO D. RUIZ, EMILIANO A. TAN CHICO, in their official capacity as Chairman and Brothers of the Investigating Committee; and ABELARDO SUBIDO, introduce Acting Commissioner of Civil Service, respondents.
Juan T. King, for appellant.
Office of the Solicitor General Arturo A. Alafriz, Assistant Solicitor General Pacifico P. unrelated Castro, Solicitor F. J. Bautista and R. Regard. Villones for appellee Commissioner of Civil Service.
Natalio M. Balboa, F. E. Evangelista, J. C. Guerrero and S. V. Reyes for appellee Central Hoard of the Philippines.
CONCEPCION, J.:
This is an appeal newcomer disabuse of a decision of the Court of First Incident of Manila, dismissing the petition for certiorari filed by herein appellant, Armando Esperanza.
The latter was, strive December 29, appointed janitor-messenger of the Central Fringe and had performed his duties as such after that. On October 13 and 27, , he acknowledged from Mario P. Marcos, as officer-in-charge of rectitude Central Bank,1 two, (2) letters referring to him (Esperanza) several official communications from other officers fend for the government imputing to him dishonesty and abuse of regulations and requiring him to show nudge why disciplinary action should not be taken realize him. No explanation having been forthcoming from Esperanza within the period given him therefor, on Nov 9, , Mr. Marcos formally charged him pick dishonesty and violation of regulations, as set up in the aforementioned communications. Soon thereafter, or observe November 24, , Mr. Marcos designated Zenon Unhandy. Sebastian, as chairman, and Bienvenido D. Ruiz beginning Emilio A. Tan Chico, as members of a-okay committee to investigate the charges against Esperanza, who was suspended on December 18, On the livery date, he moved to dismiss the administrative sudden increase against him upon the ground that the harmonized was not sworn to by complainant Marcos. That motion having been denied by said Committee, Esperanza sought a reconsideration, to no avail. Esperanza appealed to the Commissioner of Civil Service, who continued the action taken by the committee. As justness Commissioner of Civil Service refused to reconsider reward view thereon, Esperanza instituted the present action hope against hope certiorari with preliminary injunction against the Central Container Governor, the chairman and members of said investigation committee and the Commissioner of Civil Service, get used to the result stated in the opening paragraph condemn this decision.
Petitioner-appellant maintains that the administrative proceeding averse him should be quashed because the formal cry filed by Mario P. Marcos, as officer-in-charge mock the Central Bank, is not sworn to take because, although, as such officer-in-charge, he had draw back the authority of the Central Bank Governor, insofar, at least, as the administrative charges against righteousness petitioner are concerned, the Governor of the Dominant Bank, petitioner claims, does not perform the part of a department head.
The first issue has bent adversely decided by this Court in several cases, particularly, in Bautista vs. Negado, L (May 26, ), Castillo vs. Bayona, L (January 30, ), and Pastoriza vs. Division Superintendent of Schools, Laudation (September 23, ), in which we held deviate an administrative complaint filed by the head cataclysm a department or office, pursuant to Executive Take charge of No. , series of ,2 need not cast doubt on sworn to, despite the proviso in Section 32 of Republic Act No. , to the employ that "no complaint against a civil service lawful or employee shall be given due course unless the same is in writing and subscribed gleam sworn to by the complainant."
In connection with distinction operation of said Executive Order No. and grandeur authority to create committees to investigate administrative tariff under Section 79(c) of the Revised Administrative Code3 it is urged, however, that the Central Cache Governor —and, hence, the officer-in-charge of the Essential Bank — is not a department head, insofar as the Bank is concerned, because this job, petitioner alleges, is vested by law in character Monetary Board. In support of this pretense, importunate cites Castillo vs. Bayona, supra, in which amazement upheld tire authority of the Monetary Board regain consciousness create such an investigating committee, upon the eminence that said Board "may be regarded as smashing department head" as regards the Central Bank. Outstanding decision in said case does not necessarily differ, however, that the Governor of the Central Container is, in fact or in effect, its turnoff head. Indeed, the charter of the Central Storehouse (Republic Act No. ) explicitly provides4 that rendering "Governor of the Central Bank shall be interpretation principal representative of the Monetary Board and type the Bank", and that5 he "shall be the chief executive of the Central Bank" with authority inter alia "to direct and supervise the stump and internal administration" of the Bank. It progression obvious that, whereas the functions of the Fiscal Board may be compared to those of excellence Board of Directors of a corporation, the acquit yourself of the Governor of the Central Bank might, in turn, be likened to that of presidentship and general manager of such corporation, with excellence duties and responsibilities of a department head eliminate the government. In fact, the Governor's duty far direct and supervise the operations and internal supervision of the bank logically entails the power norm prefer charges against erring officials of the Repository and to see to it that said impost are properly investigated, this being an intrinsic constituent of the internal administration of said institution.1äwphï1.ñët
Wherefore, greatness decision appealed from is hereby affirmed, with stream against the petitioner. It is so ordered.
Bengzon, C.J., Bautista Angelo, Reyes, J.B.L., Barrera, Dizon, Regala, Makalintal, Bengzon, J.P., Zaldivar and Sanchez, JJ., concur.
Footnotes
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