Bunye (VS) Escareal
Bunye (VS) Escareal
Bunye (VS) Escareal
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.