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29 Ebarle Vs Sucaldito

Ebarle, the provincial governor of Zamboanga del Sur, was accused of graft practices and appointing relatives to government positions by the Anti-Graft League in complaints filed with the city fiscal. Ebarle petitioned the courts to dismiss the complaints, alleging they did not follow the proper procedure outlined in E.O. 264 for filing charges against government officials. The Supreme Court dismissed Ebarle's petitions, holding that E.O. 264 only applies to administrative complaints of irregularities, not criminal complaints of offenses as alleged against Ebarle.
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0% found this document useful (0 votes)
94 views

29 Ebarle Vs Sucaldito

Ebarle, the provincial governor of Zamboanga del Sur, was accused of graft practices and appointing relatives to government positions by the Anti-Graft League in complaints filed with the city fiscal. Ebarle petitioned the courts to dismiss the complaints, alleging they did not follow the proper procedure outlined in E.O. 264 for filing charges against government officials. The Supreme Court dismissed Ebarle's petitions, holding that E.O. 264 only applies to administrative complaints of irregularities, not criminal complaints of offenses as alleged against Ebarle.
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29 Ebarle vs Sucaldito

No.L-33628 December 29, 1987


Sarmiento, J.
FACTS:
Bienvenido Ebarle was the provincial Governor of Zamboanga del Sur and a
candidate for reelection in the local elections of 1971. On September 26, 1970 and
January 26, 1971, the Anti- Graft League of the Philippines filed complaints with the city
fiscal against Ebarle for violations of R.A 3019, the Anti-Graft Law, and Articles 171,
182,183, 213, and 318 of the Revised Penal Code. The League alleged that Ebarle has
been involved in graft practices concerning various government bidding projects,
claiming a lot belonging to the local government, and appointing his relatives in various
positions in the municipality. Ebarle filed petitions for prohibition and certiorari with
preliminary injunction in the CFI of Zamboanga del Sur but they were dismissed. He
petitioned to the Supreme Court and alleged that the City Fiscal and Anti-Graft League
failed to comply with the provisions of E.O 264, which outlined the procedure how
complainants charging the government officials and employees with the commission of
irregularities should be guided.

HELD:
The Court dismissed the petitions filed by Ebarle. It is plain from the very wording
of the Order that it has exclusive application to administrative, not criminal complaints.
The title of EO 264 speaks of commission of irregularities. There is no mention, not
even by implication, of criminal offenses, that is to say crimes. While crimes amount
to irregularities, EO could have referred to a more specific term had it intended to
make itself applicable thereto.

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