Aguinaldo Vs Santos 212 SCRA 768
Aguinaldo Vs Santos 212 SCRA 768
Aguinaldo was the duly elected Governor of the province of Cagayan. After
the December 1989 coup dtat was crushed, DILG Secretary Santos sent a
telegram & letter to Governor Aguinaldo requiring him to show cause why he
should not be suspended or removed from office for disloyalty to the
Republic. A sworn complaint was also filed by Mayors of several
municipalities in Cagayan against Aguinaldo for acts committed during the
coup. Aguinaldo denied being privy to the planning of the coup or actively
participating in its execution, though he admitted that he was sympathetic to
the cause of the rebel soldiers.
The Secretary suspended petitioner from office for 60 days from notice,
pending the outcome of the formal investigation. Later, the Secretary
rendered a decision finding petition guilty as charged and ordering his
removal from office. Vice-Governor Vargas was installed as Governor.
Aguinaldo appealed.
While the case was pending before the SC, Aguinaldo filed his certificate of
candidacy for the position of Governor of Cagayan. Three petitions for
disqualification were filed against him on the ground that he had been
removed from office.
The Comelec granted the petition. Later, this was reversed on the ground
that the decision of the Secretary has not yet attained finality and is still
pending review with the Court. As Aguinaldo won by a landslide margin in
the elections, the resolution paved the way for his eventual proclamation as
Governor of Cagayan.
Issues:
2. WON the Secretary has the power to suspend or remove local government
officials as alter ego of the President