ANTONIO H. NOBLEJAS v. CLAUDIO TEEHANKEE, GR No.

L-28790, 1968-04-29

Facts:

Petitioner Antonio H. Noblejas is the duly appointed, confirmed and qualified Commissioner of Land Registration, a position created by Republic Act
No. 1151.

By the terms of section 2 of said Act, the said Commissioner is declared "entitled to the... same compensation, emoluments and privileges as those
of a Judge of the Court of First Instance.

On March 7, 1968, respondent Secretary of Justice coursed to the petitioner a letter requiring him to explain in writing... 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 answered and apprised the Secretary of Justice that... he could only be suspended and investigated in the same manner as a Judge of the
Courts of First Instance, and... relative to his case should be submitted to the Supreme Court, for action thereon conformably to section 61 of the
Judiciary

Act (R.Á. No. 296) and Revised Rule 140 of the Rules of Court.

March 17, 1968, petitioner Noblejas received a communication signed by the Executive Secretary,... whereby... petitioner was "hereby suspended,
upon receipt hereof, pending investigation of the above charges."

On March 18, 1968, petitioner applied to this Court,... claiming lack of jurisdiction and abuse of discretion, and praying for restraining writs

Issues:

whether the Commissioner of Land Registration may only be investigated by the Supreme Court, in view of the conferment upon him by

Rep. Act 1151 and Appropriation Laws) of the rank and privileges of a

Judge of the Court of First Instance.

Ruling:

section 67 of the Judiciary Act... recites that "No District Judge shall be separated or removed from office by the President of the

Philippines unless sufficient cause shall exist in the judgment of the Supreme Court . . .

petitioner's theory that the grant of "privileges of a Judge of First Instance" includes by implication the right to be investigated only by the Supreme
Court and to be suspended or removed upon its recommendation, would necessarily result in the same... right being possessed by a variety of
executive officials upon whom the Legislature had indiscriminately conferred the same privileges

To adopt petitioner's theory, therefore, would mean... placing upon the Supreme Court the duty of investigating and disciplining all these officials
whose functions are plainly executive, and the consequent curtailment by mere implication from the Legislative grant, of the President's power to
discipline and remove... administrative officials who are presidential appointees, and which the Constitution expressly place under the President's
supervision and control (Constitution, Art. VII), sec l0[l]):... if the Legislature had really intended to include in the general grant of "privileges" or
"rank and privileges of Judges of the Court of First Instance" the right to be investigated by the Supreme

Court, and to be suspended or removed only upon recommendation of that Court, then such grant of privileges would be unconstitutional, since it
would violate the fundamental doctrine of separation of powers, by charging this court with the administrative function of supervisory... control
over executive officials, and simultaneously reducing pro tanto the control of the Chief Executive over such officials.

the resolution of a consulta by a Register of Deeds is a judicial function, as contrasted with administrative process. It will be noted that by specific
provision of the section, the decision of the Land Registration

Commissioner "shall be conclusive and binding upon all Registers of Deeds" alone, and not upon other parties. This limitation[1] in effect identifies
the resolutions of the Land Registration Commissioner with those of any other bureau director, whose... resolutions or orders bind his subordinates
alone. That the Commissioner's resolutions are appealable does not prove that they are not administrative: