Carmen Planas Vs.

Jose Gil, Commissioner of Civil Service

Facts:
Planas was a member of the municipal board of the City of Manila. This case
arose because of the publication of a statement made by the Petitioner criticizing
the acts of certain government officials in connection with the general election for
Assemblymen. It was published in La Vanguardia. The day after the publication of
Planas' statement, she received a letter from the President, through Secretary
Vargas, ordering her to appear and explain herself to the Commissioner of Civil
Service regarding the statement she made.
Planas then contends that the respondent has no jurisdiction to investigate
her since it violates Article VII, Sec. 11 of the 1935 Constitution. She also said that
the President cannot delegate his power to any other person.
Issue:
(1) Whether or not the respondent has jurisdiction to investigate her.
(a)Whether or not the President can delegate his power to Sec. Vargas,
to the Commissioner of Civil Service, or any other person.
(2) Whether or not the Court has jurisdiction to review the order of the Chief
Executive
Held:
(1) Yes. The statement she made tend to create a general discontent, and
hatred among the people against their government. The interest of the public
service requires that these charges be investigated, so that, if found untrue and
made without justifiable motives, the party making them may be proceeded against
in accordance with section 2440, in connection with section 2078, of the Revised
Administrative Code. This is essential to render effective the authority vested in the
President by the Constitution to "take care the laws be faithfully executed"(Sec 11,
par 1, Art. VII).
(a) Yes. The president can delegate his power. Article VII of the
Constitution begins in its section 1 with the declaration of that "The Executive
power shall be vested in a President of the Philippines." All executive authority is
thus vested in him. The Constitution grant him the power to exercise general
supervision over all local governments and take care the laws to be faithfully
executed, and authorizes him to order an investigation of the act or conduct of any
public servants.
(2) No. The Court has no jurisdiction to review the order of the Chief
Executive under the doctrine of separation of powers. However, the Court may

inquire or question the validity or constitutionality of the acts of the Chief Executive
when his acts are properly challenged in an appropriate legal proceeding. In other
words, the Constitution made the Court to allocate constitutional boundaries.