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Libanan v. Sandiganbayan
Libanan v. Sandiganbayan
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member of the Sangguniang Panlalawigan of that province prior to the 11 May 1992
elections. He was among those charged before the Sandiganbayan, on 25 May 1992, with
having violated Section 3(e) of Republic Act No. 3019 in an information, docketed Criminal
Case No. 17756, stating
"That on or about 08 January 1991, and for sometime thereafter, in Borongan,
Eastern Samar, and within the jurisdiction of this Honorable Court, accused
Lutgardo B. Barbo, Governor of Eastern Samar; Camilo A. Camenforte, ViceGovernor of same province; Sangguniang Panlalawigan Members Marcos B.
Alido, Nonato A. Gerna, Ismael G. Kho, Marcelino C. Libanan, Nicolas P. Pimentel,
and Generoso A. Yu, of the same province, conspiring with one another, did then
and there, wilfully and unlawfully, through evident bad faith and manifest
partiality, prevent and exclude Agustin B. Docena, a duly appointed and Quali ed
replacement of deceased Sangguniang Panlalawigan member Luis A. Capito,
from exercising his rights and prerogatives as a member of the said body, by
promulgating in their of cial capacities Sangguniang Panlalawigan Resolution
No. 01, Series of 1991, wherein accused expressed their recognition of Atty.
Socrates B. Alar as the of cial replacement of aforesaid deceased member,
notwithstanding the recall of his appointment by the Department of Local
Government, to the damage and prejudice of Agustin B. Docena.
prLL
"CONTRARY TO LAW." 1
On motion of the prosecution for the suspension of the accused public of cials pendente
lite, and nding that said accused were charged under a valid information, the Second
Division of the Sandiganbayan issued a resolution, dated 26 July 1993, to the following
effect:
"WHEREFORE, premises considered, accused Gov. Lutgardo Barbo, Vice-Gov.
Marcelino C. Libanan, and Sangguniang Panlalawigan members Nonato A. Gerna
and Generoso A. Yu are hereby suspended from their respective public positions,
or from any other public of ce that they may be holding, the same to commence
upon their receipt hereof and for a period of ninety (90) days thereafter.
cdphil
Accused Barbo and Libanan led their respective motions for reconsideration, which
the Sandiganbayan denied in its resolution of 30 September 1993. From the orders,
Libanan appealed.
Petitioner presents three grounds to support his appeal, to wit: That
I. THE ORDER OF SUSPENSION IF EXECUTED WOULD CONSTITUTE AN
AFFRONT ON PETITIONER('S) CONSTITUTIONAL RIGHT TO DUE PROCESS.
II. THE ORDER OF SUSPENSION ONCE IMPLEMENTED WOULD AMOUNT TO AN
ASSAULT OF THE SACRED COVENANT REPOSED ON PETITIONER VICEGOVERNOR, MARCELINO C. LIBANAN BY THE PEOPLE OF EASTERN SAMAR.
LibLex
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Petitioner contends that the order of suspension, being predicated on his acts supposedly
committed while still a member of the Sangguniang Bayan, can no longer attach to him
now that he is the duly elected and incumbent Vice-Governor of Eastern Samar. The
implementation of the suspension order, he further claims, would amount to a deprivation
of property without due process of law.
Cdpr
The third assigned error raised by petitioner need not be delved into. When the statute is
clear and explicit, there is hardly room for any extended court ratiocination or
rationalization of the law. Republic Act No. 3019 unequivocally mandates the suspension
of a public of cial from of ce pending a criminal prosecution against him. This Court has
repeatedly held that such preventive suspension is mandatory, 8 and there are no "ifs" and
"buts" about it. 9
WHEREFORE, the petition is DISMISSED. The assailed resolution of respondent
Sandiganbayan is AFFIRMED in toto.
LLphil
SO ORDERED.
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