SC: 90-day suspension of mayor is legal
THE Supreme Court ruled Monday that the Sandiganbayan has the power to suspend local government officials for more than sixty days.
In a 30-page decision of the SC en banc, 13 Justices affirmed the Sandiganbayan’s 90-day suspension of Mayor Jose Miranda of Santiago, Isabela.
The ruling, which was penned by Associate Justice Reynato Puno, disagreed with the findings of dissenter Associate Justice Antonio Carpio by citing that it is not the Local Government Code that should govern how long a local official can be suspended.
“This Court finds no reason to disagree with the Sandiganbayan. Its conclusions are amply supported by the record. Additionally, the issue of whether petitioner committed fraud upon the government or public property is essentially factual,” according to the ruling.
The case stemmed from Office of the Ombudsman’s order suspending Miranda for six months for alleged violations of the Code of Conduct and Ethical Standards for Public Officials and Employees filed by his vice mayor, Amelita Navarro.
Miranda refused to relinquish his post in spite of the order of the Department of Interior and Local Government. He was charged with violation of Article 177 of the Revised Penal Code or usurpation of authority.
On October 28,1998, the Ombudsman lodged with the Sandiganbayan an information against Miranda for violation of Article 177.
On February 4, 2002, the Sandiganbayan suspended Miranda from office for 90 days.
He contested the order, saying that under the Local Government Code, local officials can only be suspended for 60 days.
However, the High Court ruled that the Sandiganbayan properly used Section 13 of Republic Act 3019 or the Antigraft and Corrupt Practices Act, which allows the suspension of local officials accused of fraud to be suspended for 90 days.
In a 30-page decision of the SC en banc, 13 Justices affirmed the Sandiganbayan’s 90-day suspension of Mayor Jose Miranda of Santiago, Isabela.
The ruling, which was penned by Associate Justice Reynato Puno, disagreed with the findings of dissenter Associate Justice Antonio Carpio by citing that it is not the Local Government Code that should govern how long a local official can be suspended.
“This Court finds no reason to disagree with the Sandiganbayan. Its conclusions are amply supported by the record. Additionally, the issue of whether petitioner committed fraud upon the government or public property is essentially factual,” according to the ruling.
The case stemmed from Office of the Ombudsman’s order suspending Miranda for six months for alleged violations of the Code of Conduct and Ethical Standards for Public Officials and Employees filed by his vice mayor, Amelita Navarro.
Miranda refused to relinquish his post in spite of the order of the Department of Interior and Local Government. He was charged with violation of Article 177 of the Revised Penal Code or usurpation of authority.
On October 28,1998, the Ombudsman lodged with the Sandiganbayan an information against Miranda for violation of Article 177.
On February 4, 2002, the Sandiganbayan suspended Miranda from office for 90 days.
He contested the order, saying that under the Local Government Code, local officials can only be suspended for 60 days.
However, the High Court ruled that the Sandiganbayan properly used Section 13 of Republic Act 3019 or the Antigraft and Corrupt Practices Act, which allows the suspension of local officials accused of fraud to be suspended for 90 days.
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