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MOP, Bk 3, v.5, 53
[ ADMINISTRATIVE ORDER NO. 21, September 01, 1936 ]
REPRIMANDING HON. PEDRO R. ARTECHE, PROVINCIAL GOVERNOR OF SAMAR, FOR IRREGULARITY COMMITTED IN OFFICE
This case refers to an irregularity committed by Honorable Pedro R. Arteche, provincial governor of Samar, in that without authority of law he investigated certain school functionaries, notwithstanding the fact that they were not under the immediate supervision and control of the provincial governor.
Governor Arteche’s interpretation of the law that because these officials were performing their duties within his province they were subject to his jurisdiction, is, to quote from the endorsement of the Secretary of the Interior, “erroneous and absurd.”
The statement in his defense made by Governor Arteche shows that he does not have the right conception of the powers, prerogatives and duties of his office. If the complaint against the teachers is of a criminal character, he should have referred the matter to the provincial fiscal; if administrative in nature, to the superintendent of schools. The provincial governor had absolutely nothing to do with this investigation against school officials and he had no right to subpoena them, in any case.
It does not appear from the papers whether Governor Arteche has abused his authority with malice or just thru pure ignorance. If he had abused his authority, and this had taken place after his suspension decreed in Administrative Order Numbered Twelve, I should have ordered his removal from office but this case having occurred before his suspension, it may be considered as included in that punishment. If he had acted from pure ignorance, he is now apprised of the extent of his powers,—which are only those specifically granted him by law.
Concurring therefore, in the recommendation of the Secretary of the Interior, I hereby reprimand Governor Arteche for exceeding his powers and warn him that repetition of this offense will subject him to removal from office.
Done at the City of Manila, this first day of September, in the year of Our Lord, nineteen hundred and thirty-six, and of the Commonwealth of the Philippines, the first.
Governor Arteche’s interpretation of the law that because these officials were performing their duties within his province they were subject to his jurisdiction, is, to quote from the endorsement of the Secretary of the Interior, “erroneous and absurd.”
The statement in his defense made by Governor Arteche shows that he does not have the right conception of the powers, prerogatives and duties of his office. If the complaint against the teachers is of a criminal character, he should have referred the matter to the provincial fiscal; if administrative in nature, to the superintendent of schools. The provincial governor had absolutely nothing to do with this investigation against school officials and he had no right to subpoena them, in any case.
It does not appear from the papers whether Governor Arteche has abused his authority with malice or just thru pure ignorance. If he had abused his authority, and this had taken place after his suspension decreed in Administrative Order Numbered Twelve, I should have ordered his removal from office but this case having occurred before his suspension, it may be considered as included in that punishment. If he had acted from pure ignorance, he is now apprised of the extent of his powers,—which are only those specifically granted him by law.
Concurring therefore, in the recommendation of the Secretary of the Interior, I hereby reprimand Governor Arteche for exceeding his powers and warn him that repetition of this offense will subject him to removal from office.
Done at the City of Manila, this first day of September, in the year of Our Lord, nineteen hundred and thirty-six, and of the Commonwealth of the Philippines, the first.
MANUEL L. QUEZON
President of the Philippines
President of the Philippines