Bunye (VS) Escareal

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 1

BUNYE (VS) ESCAREAL GR No.

110216, September 10, 1993 FACTS:


Herein petitioners, the municipal mayor, vice mayor and incumbent councilors or members of the Sangguniang Bayan of Muntinlupa MM, are charged of violation the Anti-graft and Corrupt Practices Act. The allegations contained in the charge against them states that taking advantage of their public position and while in the performance of their duties, the petitioners forcibly took possession of the New Public Market in Alabang, Muntinlupa, MM which resulted in the taking over of the operation and management thereof despite the existence of a valid and subsisting lease contract for a term of 25 years; renewable for for another 25 years. Said lease agreement was entered into by the former mayor and the Kilusang Magtitinda which is a cooperative of market and stall vendors. Petitioner seeks to that the resolution of the sandiganBayan preventively suspending them from office during the pendency of the said trial be restrained and prohibited from execution as after their admission of commission of the offense, there is already no need for their suspension. Moreover, they claim that such continued suspension for 90 days will create chaos and confusion in the government of the municipality as there will only be 8 members of the Sanggunian who will govern the municipality involved thus their local government will be paralyzed,

ISSUE: Whether or not under sec. 46 of the LGC Of 1991, the preventive suspension against petitioner is unnecessary after their admission of guilt and in light of the materially decreased number of public officials to govern the municipality. HELD: The preventive suspension imposed upon the petitioners are mandatory. It is not up to
petitioners to decide if their admission of the charges against them are enough evidence in court thus there still is a need for the government to protect and uphold the rule that they shall be mandatorily suspended for 90 days. Such is not a violation of the Constitution as this is not imposed as a penalty. The fear that the municipality will be paralyzed due to their suspension is merely imaginary and not real. As aptly stated by them, there still remains 8 counsilors in the municipality and the president or the sec. Of interior and local government as the president's late ego will surely know how to deal with the problem of filling up the vacant position to answer for the needs of the municipality. The petition is dismissed for lack of merit.

You might also like