G.R. No. L-17169 – 118 Phil. 1468 – 9 SCRA 619 – Political Law – Constitutional Law – The Executive Department – Power of Control – Power to Remove; Inapplicability of the power to the civil service
Isidro Ang-Angco was a customs officer appointed by the Secretary of Finance. In 1956, he caused the release of imported materials to Pepsi-Cola upon the authorization of the Secretary of Finance. The Customs Commissioner however reported to the President that there were irregularities in the release made by Ang-Angco. As a result, the President constituted an investigating body to determine the culpability of Ang-Angco. In 1960, upon authority by the President, Executive Secretary Natalio Castillo ordered the dismissal from the service of Ang-Angco.
Ang-Angco questioned the validity of his dismissal. He argued that he is not a presidential appointee and may only be removed in accordance with the Civil Service Act.
Castillo justified the dismissal as he invoked that under the Constitution, the President has control over the officers and employees of the executive branch of the government; that, whether the officers or employees concerned are presidential appointees or belong to the classified service, if they are all officers and employees in the executive department, they all come under the control of the President and, therefore, his power of removal may be exercised over them directly without distinction.
ISSUE: Whether or not Castillo is correct.
HELD: No. The President does not have blanket authority to remove any officer or employee of the government but his power must still be subject to the law that passed by the legislative body particularly with regard the procedure, cause and finality of the removal of persons who may be the subject of disciplinary action.
The power of control does not ipso facto come with the power to remove. The power merely applies to the exercise of control over the acts of the subordinate and not over the actor or agent himself of the act. It only means that the President may set aside the judgment or action taken by a subordinate in the performance of his duties.
