Angeles

vs. Gaite
Facts
1. Petitioner was given custody of her grand niece, Maria Mercedes
Vistan, to take care and provide for as she grew up. Petitioner
became attached to such child and took care of her as her own.
Petitioner also gave the same attention to the half-brother of the
grand niece. The latter would seek petitioners financial support
ranging from daily subsistence to hospitalization expenses.
2. After one incident wherein the half-brother of the grand niece,
Michael Vistan, failed to do an important task, the petitioner and the
Michael Vistan had a falling out. Since no more support was given to
the latter, he took his half-sister away. He brought her to different
provinces while asked the help of certain individuals to mislead the
petitioner and the police.
3. The police was able to apprehend Michael Vistan through a dragnet
operation.
4. The petitioner filed a complaint against Michael Vistan before the
Office of the Provincial Prosecutor in Malolos, Bulacan for five
counts of Violation of Section 10 (a), Article VI of RA 7610, otherwise
known as the Child Abuse Act, and for four counts of Violation of
Sec. 1 (e) of PD 1829. She likewise filed a complaint for Libel against
Maria Cristina Vistan, aunt of Michael and Maria Mercedes.
5. The Investigating prosecutor issued a resolution to continue with the
filing of the case. This was however denied by the provincial
prosecutor who also issued a decision to dismiss the case. Petitioner
filed a petition for review with USEC. Teehankee but was denied.
Petitioner then filed a petition for review with SEC Perez and was
also denied
6. She tried appealing to the Office of the President but was dismissed
by such on the ground of Memorandum Circular No. 58 which bars
an appeal or a petition for review of decisions/orders/resolutions of
the Secretary of Justice except those involving offenses punishable
by reclusion perpetua or death
7. Petitioner went to the CA which sustained the dismissal
8. Petitioner contends that such Memo Circular was unconstitutional
since t diminishes the power of control of the President and bestows
upon the Secretary of Justice, a subordinate officer, almost
unfettered power.

Issue
W/N Memorandum Circular No. 58 is unconstitutional since it diminishes
the power of the President?

Ruling

NO, it does not diminish the power of the President


The President's act of delegating authority to the Secretary of Justice by
virtue of said Memorandum Circular is well within the purview of the doctrine of
qualified political agency, long been established in our jurisdiction.

Under this doctrine, which primarily recognizes the establishment of a single
executive, "all executive and administrative organizations are adjuncts of the
Executive Department; the heads of the various executive departments are
assistants and agents of the Chief Executive; and, except in cases where the Chief
Executive is required by the Constitution or law to act in person or the exigencies of
the situation demand that he act personally, the multifarious executive and
administrative functions of the Chief Executive are performed by and through the
executive departments, and the acts of the secretaries of such departments,
performed and promulgated in the regular course of business, are, unless
disapproved or reprobated by the Chief Executive, presumptively the acts of the
Chief Executive."The CA cannot be deemed to have committed any error in
upholding the Office of the President's reliance on the Memorandum Circular as it
merely interpreted and applied the law as it should be.

Memorandum Circular No. 58, promulgated by the Office of the President on June
30, 1993 reads:

In the interest of the speedy administration of justice, the
guidelines enunciated in Memorandum Circular No. 1266 (4
November 1983) on the review by the Office of the President of
resolutions/orders/decisions issued by the Secretary of Justice
concerning preliminary investigations of criminal cases are
reiterated and clarified.

No appeal from or petition for review of
decisions/orders/resolutions of the Secretary of Justice on
preliminary investigations of criminal cases shall be
entertained by the Office of the President, except those
involving offenses punishable by reclusion perpetua to death x
x x.

Henceforth, if an appeal or petition for review does not clearly
fall within the jurisdiction of the Office of the President, as set

forth in the immediately preceding paragraph, it shall be

dismissed outright x x x.

It is quite evident from the foregoing that the President himself set the limits of his
power to review decisions/orders/resolutions of the Secretary of Justice in order to
expedite the disposition of cases. Petitioner's argument that the Memorandum
Circular unduly expands the power of the Secretary of Justice to the extent of
rendering even the Chief Executive helpless to rectify whatever errors or abuses
the former may commit in the exercise of his discretion is purely speculative to say
the least. Petitioner cannot second- guess the President's power and the
President's own judgment to delegate whatever it is he deems necessary to
delegate in order to achieve proper and speedy administration of justice, especially
that such delegation is upon a cabinet secretary his own alter ego.

BUT THERE ARE LIMITATIONS:


Justice Jose P. Laurel, in his ponencia in Villena, makes this clear that

There are certain constitutional powers and
prerogatives of the Chief Executive of the Nation which must be
exercised by him in person and no amount of approval or
ratification will validate the exercise of any of those powers by
any other person. Such, for instance, is his power to suspend
the writ of habeas corpus and proclaim martial law (par. 3, sec.
11, Art. VII) and the exercise by him of the benign prerogative
of mercy (par. 6, sec. 11, idem).

These restrictions hold true to this day as they remain embodied in our
fundamental law. There are certain presidential powers which arise out of
exceptional circumstances, and if exercised, would involve the suspension of
fundamental freedoms, or at least call for the supersedence of executive
prerogatives over those exercised by co-equal branches of government. The
declaration of martial law, the suspension of the writ of habeas corpus, and the
exercise of the pardoning power, notwithstanding the judicial determination of
guilt of the accused, all fall within this special class that demands the exclusive
exercise by the President of the constitutionally vested power. The list is by no
means exclusive, but there must be a showing that the executive power in question
is of similar gravitas and exceptional import.

In the case at bar, the power of the President to review the Decision of
the Secretary of Justice dealing with the preliminary investigation of cases cannot
be considered as falling within the same exceptional class which cannot be

delegated. Besides, the President has not fully abdicated his power of control as
Memorandum Circular No. 58 allows an appeal if the imposable penalty is reclusion
perpetua or higher. Certainly, it would be unreasonable to impose upon the
President the task of reviewing all preliminary investigations decided by the
Secretary of Justice. To do so will unduly hamper the other important duties of the
President by having to scrutinize each and every decision of the Secretary of Justice
notwithstanding the latters expertise in said matter.

The Constitutional interpretation of the petitioner would negate the very
existence of cabinet positions and the respective expertise which the holders
thereof are accorded and would unduly hamper the Presidents effectivity in
running the government.