CASTILLO-CO V. BARBERS - CASE DIGEST - CONSTITUTIONAL LAW

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CASTILLO-CO V. BARBERS                          G.R. No. 129952. June 16, 1998

FACTS:

Petitioner Josie Castillo-Co is a Governor of Quirino. Congressman Junie Cua filed a complaint before the Office of the Ombudsman against Governor Castillo-Co and Provincial Engineer Virgilio Ringor for alleged fraud against the public treasury and malversation. (Sections 3(e) and 3(g) of the Anti-Graft and Corrupt Practices Act, as amended, and Articles 213 and 217 of the Revised Penal Code.)

Congressman Cua charged that the equipment purchased was reconditioned instead of brand new as required by resolutions of the provinces Sanggunian authorizing such purchase. Other irregularities claimed to have been committed included overpricing, lack of public bidding, lack of inspection, advance payment prior to delivery in violation of Section 338 of the Local Government Code, and an attempt to cover up such irregularities.

A week after the complaint was filed, Governor Castillo-Co and Provincial Engineer Ringor were placed under preventive suspension for a period of six (6) months.

Said order was signed by Emilio A. Gonzalez III, Director, and approved by Jesus Guerrero, Deputy Ombudsman for Luzon.

Petitioners thereafter filed separate motions for reconsideration. Both motions were denied in a Joint Order signed by Director Gonzales and approved by Deputy Ombudsman Guerrero.

Petitioner file for special civil action for certiorari and prohibition, with a prayer for temporary restraining order/writ of preliminary injunction, seeks to nullify the Order of the Deputy Ombudsman directing her preventive suspension and claiming that the Deputy Ombudsman has no authority to issue the preventive suspension against them.

ISSUE:

WON the Deputy Ombudsman has authority to issue the preventive suspension
WON petitioner was denied due process because she was not afforded the opportunity to controvert the evidence against her before the order of preventive suspension was issued.

HELD:

1. YES. Petitioner claims that under Republic Act No. 7975, only the Ombudsman has the authority to sign the order placing officials with a 27 salary grade or above, like petitioner-governor, under preventive suspension. In this case, the suspension order was neither signed nor approved by Ombudsman Aniano Desierto. Rather, said order was signed by Director Emilio Gonzales III and approved by Deputy Ombudsman for Luzon Jesus Guerrero.

There is nothing in RA 7975, however, that would remotely suggest that only the Ombudsman, and not his Deputy, may sign an order preventively suspending officials occupying positions classified as grade 27 or above.

Moreover, Section 24 of Republic Act No. 6770 and Section 9, Rule III of the Rules of Procedure of the Office of Ombudsman similarly provides:

SEC. 24. Preventive Suspension. -- The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgment, the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or gross misconduct, or neglect in the performance of duty; or (b) the charge would warrant removal from the service; or (c) the respondents continued stay in office may prejudice the case filed against him. Xxx

SEC. 9. Preventive suspension. Pending investigation, the respondent may be preventively suspended without pay for a period of not more than six (6) months, if, in the judgment of the Ombudsman or his proper deputy, the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or gross misconduct, or neglect in the performance of duty, (b) the charge would warrant removal from the service; or (c) the respondents continued stay in office may prejudice the case filed against him. xxx

Under these provisions, there cannot be any doubt that the Ombudsman or his Deputy may preventively suspend an officer or employee, where appropriate, as indicated by the word or between the Ombudsman and his Deputy. The word or is a disjunctive term signifying disassociation and independence of one thing from each of the other things enumerated. The law does not require that only the Ombudsman himself may sign the order of suspension.

2. NO. A preventive suspension, however, can be decreed on an official under investigation after charges are brought and even before the charges are heard since the same is not in the nature of a penalty,[13] but merely a preliminary step in an administrative investigation.

In connection with the suspension of petitioner before he could file his answer to the administrative complaint, suffice it to say that the suspension was not a punishment or penalty for the acts of dishonesty and misconduct in office, but only as a preventive measure. A suspension is a preliminary step in an administrative investigation. If after such investigation, the charges are established and the person investigated is found guilty of acts warranting his removal, then he is removed or dismissed. This is the penalty. There is, therefore, nothing improper in suspending an officer pending his investigation and before the charges against him are heard and be given an opportunity to prove his innocence.

The fact that the said order was issued seven days after the complaint was filed did not constitute grave abuse of discretion. The immediate issuance of such order is required in order to prevent the subject of the suspension from committing further irregularities. Such prompt action, moreover, is in consonance with Section 15 of RA 6770 which exhorts the Ombudsman to:

xxx give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties.


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