C. Supervision Over and Discipline of Elective Officials b.
Consequently, nothing can possibly be compromised or hampered by their
CASE NUMBER – Bunye vs Escareal remaining in office, since the said proceedings will no longer be for the purpose PONENTE of receiving evidence on factual issues but only to hear arguments, position papers on memoranda, on the purely legal issue of whether the rescission of the Bunye et al were municipal officials of Muntinlupa. They then enacted Kapasiyahan Bilang Cooperative's market contract is a valid exercise of police power by the 45 which on the basis thereof, Bunye et al used as basis to wrest control of the Public Market Municipality. in Alabang from a coop, despite the fact that the market was validly leased to the latter for a period of 25 years. Due to their actions, Bunye et al were sued under RA 3015 and SB SC: In Gonzaga vs. Sandiganbayan, this Court ruled that such preventive suspension is suspended them from office pendente lite as provided under the same law. Bunye et al mandatory; there are no ifs and buts about it. As held in the case: argued that suspension was no longer necessary as they had already admitted to the acts Petitioner at the outset contends that Sec 13 of RA 3019, as amended, is complained of, thus there was no more danger of them tampering with the records. SC unconstitutional as the suspension provided thereunder partake of a penalty disagreed bc under RA 3015, suspension pendente lite is mandatory. even before a judgement of conviction is reached, and is thus violative of her DOCTRINE constitutional right to be presumed innocent. Section 13 of R.A. No. 3019, as amended, unequivocally provides that the accused public officials "shall be suspended from office" while the criminal prosecution is pending in court. We do not accept the contention because: firstly, under Section 13, Rep. Act 3019, suspension of a public officer upon the filing of a valid information is mandatory. FACTS 1. The petitioners, who are the municipal mayor, vice-mayor and incumbent councilors or All told, preventive suspension is not violative of the Constitution as it is not a members of the Sangguniang Bayan of Muntinlupa, Metro manila. penalty… 2. It was alleged that while in the performance of their official functions, in conspiracy with one another and taking advantage of their official positions, the petitioners enacted There is no merit to petitioners argument bc as the SolGen correctly replied, it is not for the Kapasiyahan Bilang 45 on August 1, 1988, and on the basis thereof, forcibly took petitioners to say that their admissions are all the evidence that the prosecution will need to possession of the new Public Market in Alabang,and thereafter took over the operation hold up its case against them. "The prosecution must be given the opportunity to gather and and management of the aforesaid public market starting August 19, 1988. prepare the facts for trial under conditions which would ensure nonintervention and 3. This was done despite the fact that, there was a valid and subsisting lease contract noninterference for ninety (90) straight days from petitioners' camp.” executed on September 2, 1985 for a term of 25 years, between the Municipality of Muntinlupa, represented by the former Municipal Mayor Santiago Carlos, Jr. and the Petitioners: Preventive suspension will "sow havoc and confusion in the government of the Kilusang Bayan sa Paglilingkod and mga Magtitinda ng Bagong Pamilihan ng Municipality of Muntinlupa, for without a mayor, vice-mayor, and six (6) councilors, the local Muntinlupa, Inc.(Kilusang Magtitinda), a cooperative. government would be paralyzed. Only eight (8) of the present members of the Sangguniang 4. And despite also the warnings from COA Chairman Domingo and MMC Governor Cruz Bayan will remain to discharge the duties and responsibilities of that body. If two of them will "that appropriate legal steps be taken by the MMC toward the rescission/annulment of be designated to take over the offices of the mayor and vice-mayor, the Sangguniang Bayan the contract . . . to protect the interest of the Government.” will be without a quorum to perform its functions. 5. The Cooperative members had also introduced improvements, including the construction of the "KBS" building, RR Section-Phases I and II, asphalting of the roads SC: There will still remain eight (8) councilors who can meet as the Sangguniang Bayan. surrounding the market place, and for the purpose, the cooperative had invested The President or his alter ego, the Secretary of Interior and Local Government, will surely Thirteen Million Four Hundred Seventy Nine Thousand Nine Hundred Pesos know how to deal with the problem of filling up the temporarily vacant positions of mayor, (P13,479,900.00) in connection therewith. vice-mayor and six councilors in accordance with the provisions of the Local Government 6. The petitioners were sued for violating Sec 3(e) of RA 3015 and in relation to this, SB Code. issued a resolution suspending the petitioners from office pendente lite pursuant to Sec 13 of RA 3015. Thus this petition for certiorari and prohibition. DISPOSITIVE PORTION Petition for certiorari and prohibition dismissed for lack of merit ISSUE with HOLDING 1. W/N SB erred in suspending the petitioners – NO DIGESTER: Kharina Petitioners: Suspension is unjustified or unnecessary as they have already admitted to committing the acts complained of thus there is no longer a fear of them tampering the records in relation to the case a. Also the proceedings against them involves no factual issue but only the legal question of whether or not the cancellation by the petitioners of the Cooperative's subsisting lease contract over the Municipal Public Market was justified by public interest or general welfare.
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