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    29 Ebarle Vs Sucaldito

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    Rhev Xandra Acuña
    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

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    Rhev Xandra Acuña
    86 views1 page
    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

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    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    86 views1 page

    29 Ebarle Vs Sucaldito

    Uploaded by

    Rhev Xandra Acuña
    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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