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16 Ateneo L.J. 14 (1967)

handle is hein.journals/ateno16 and id is 1 raw text is: NOTX19. A PURELY LOCAL AFFAIR The law is a field of controversies. It sounds paradoxical especially if one considers that the avowed aim of the law is precisely to impose order and put an end to controversies. But it becomes comical when one learns that the law itself is often the culprit, the sole reason behind the controversy. For the ques- tion .What is.thp law? does not always meet a ,imple and definite response and must await, frequently fo long periods of time, a judicial, decision. Sometimes this too fails. Rever- sals of decisions are not merely subjects of wishul thinking, enteftained by losing counsels; they occur in reality. One such controversy is the question of the presidential po- wer of removal and suspension of local officials. Philippine juris- prudence reports quite a number of cases on the point, thus attest- ing to its controversial character; Perhaps the reason partly lies in the fact that the matter easily lends itself to heavily political coloring. -aFor where there is power, there is expectedly a contest. From a strictly legal and more profound viewpoint, how- ever, the controversies, to be sure, find a legal basis. There is a certain indefiniteness in the law and also in 'the' decisions. The pertinent law is scattered over many sources - the Constitution, the Revised Administrative Code and the various city charters. In the reading, construction, correlation and reconciliation of these differences inevitably result. As a consequence, the precedents have failed to attain a desired stability. The first major area of dispute on the matter concerns the nature of the presidential power of suspension and removal of local officials. There is no question that blanket powers have been granted to the Chief Executive and Section 64 (b) of the Revised Administrative Code clearly provides that the President shall have the power: (b) To remove officials from office conformably to law and to declare vacant the offices held by such removed officials. For disloyalty to the (United States) Republic of the Philippines, the (Governor General) President of the Philippines may at any time remove a person from any position of trust or authority - -nder the' Government of- the (Philippine Islands) Philippines. 14 Digitized from Best Copy Available

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