G.R. No. 112386 Case Digest

G.R. No. 112386 June 14, 1994

Marcelino Libanan, petitioner

vs Sandiganbayan  and Agustin Docena, respondents

Ponente: Vitug

Facts:

Libanan is the incumbent Vice Governor of Eastern Samar and was a member of the Sangguniang Panlalawigan prior to the 1992 May elections. He was charged and suspended for preventing and excluding Docena, a duly appointed and qualified replacement of deceased Panlalawigan member Capito. Libanan filed a motion for reconsideration but denied by Sandiganbayan.

Libanan presents 3 grounds: (1) order of suspension if executed would constitute an affront on Libanan's constitutional right to due process (2) order of suspension once implemented would amount to assault on the sacred covenant reposed on the Vice Governor by the people of Samar (3) the reason sought to be prevented by the suspension order pendente lite no longer exist.

Held:

Petition was held without merit.

(1) Suspension order cannot amount to deprivation of property without due process of law because public office is a public agency or trust.

(2) Libanan's so-called "covenant" is far from being synonymous of equivalent of license. He cannot used it as a defense from the law.

(3) The statute is clear and explicit, there is hardly no room for any extended court rationalization of the law. RA No. 3019 unequivocally mandates the suspension of a public official from office pending a criminal prosecution against him.