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Supreme Court's Role in Land Authority

The Supreme Court ruled that it does not have the authority to investigate and suspend the Commissioner of Land Registration. The Court's powers are limited to judicial functions, and investigating or suspending an executive branch official would violate the separation of powers doctrine. While the Commissioner has some judicial privileges due to his role, he remains an executive branch appointee subject to investigation and discipline by the Secretary of Justice and Executive Secretary according to civil service laws. Allowing the judicial branch to interfere in the executive's oversight of its own officials would improperly reduce the President's control over the executive department.

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Joel Lopez
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193 views2 pages

Supreme Court's Role in Land Authority

The Supreme Court ruled that it does not have the authority to investigate and suspend the Commissioner of Land Registration. The Court's powers are limited to judicial functions, and investigating or suspending an executive branch official would violate the separation of powers doctrine. While the Commissioner has some judicial privileges due to his role, he remains an executive branch appointee subject to investigation and discipline by the Secretary of Justice and Executive Secretary according to civil service laws. Allowing the judicial branch to interfere in the executive's oversight of its own officials would improperly reduce the President's control over the executive department.

Uploaded by

Joel Lopez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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AUTHORITY OF THE SUPREMECOURT TO INVESTIGATE AND

SUSPEND LAND REGISTRATION COMMISSIONER

Noblejas V. Teehankee
G.R. No. L-28790. April 29, 1968
REYES, J.B.L., Actg. C.J:

Doctrine:

Supreme Court of the Philippines and its members should not and
cannot be required to exercise any power or to perform any trust or to
assume any duty not pertaining to or connected with the administration of
Judicial functions.

Facts:

Petitioner in this case, Antonio H. Noblejas, is a commissioner of Land


Registration Authority. Respondent, Secretary of Justice, coursed to the
petitioner a letter requiring him to explain in writing on March 7, 1968 why
no disciplinary action should be taken against petitioner for "approving or
recommending approval of subdivision, consolidation and consolidation-
subdivision plans covering areas greatly in excess of the areas covered by
the original titles."

Noblejas Argued that he enjoyed the rank, privileges, emoluments and


compensation of a Judge of the Court of First Instance, he could only be
suspended and investigated in the same manner as a Judge of the Courts of
First Instance. In connection to this, the Executive Secretary issued the
suspension order of the petitioner pending investigation of the charges.

Thus, requesting the Court to issue writ of prohibition with preliminary


injunction restraining against the investigation of the Secretary of Justice
and suspension order of the Executive Secretary.

Issue:

Is the Commissioner of Land Registration may only be investigated and


suspended by the Supreme Court?

Ruling:
No, the Supreme Court cannot investigate and suspend the Commissioner of
Land Registration since it is unconstitutional. Incidentally the investigation
and suspension of the aforenamed Commissioner pursuant to sections 32
and 34 of the Civil Service Law (R.A. 2260) are neither abuses of discretion
nor acts in excess of jurisdiction.

It has been held that the Supreme Court of the Philippines and its members
should not and cannot be required to exercise any power or to perform any
trust or to assume any duty not pertaining to or connected with the
administration of judicial functions; and a law requiring the Supreme Court
to arbitrate disputes between public utilities was pronounced void in Manila
Electric Co. vs. Pasay Transportation Co. (57 Phil, 600).

In this case, if the court exercise the authority to investigate and suspend
the Commissioner of Land Registration, such action does not fall to the
judicial function and will be unconstitutional as this violates the fundamental
doctrine of separation of powers and reduce pro tanto the control of the
Chief Executive over such officials

Therefore, the Supreme Court has no authority to investigate and suspend


the Commissioner of Land Registration Authority in respect to the
fundamental doctrine of separation of powers.

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