ANTONIO M. BOLASTIG, vs. HON. SANDIGANBAYAN (Third Division) and THE PEOPLE OF THE PHILIPPINES.
- G.R. Number: G.R. No. 110503
- Promulgated: 1994-08-04
- Ponente: Mendoza, J.
Doctrine
Upon filing of a valid information charging RA No. 3019, Book II Title 7 RPC, or fraud involving public funds/property, preventive suspension of the accused is mandatory.
The court trying the case lacks discretion to refuse preventive suspension on the basis that intimidation or other risks are absent; the statutory presumption supports suspension.
Temporary deprivation of services to constituents does not justify ignoring the statute's mandatory suspension; the vice governor acts as governor during suspension.
Facts
Petitioner sought certiorari to annul Sandiganbayan resolutions of 18 March 1993 (suspension pendente lite) and 29 March 1993 (denial of reconsideration).
Petitioner Antonio M. Bolastig was governor of Samar; on 31 August 1989 an information was filed against him and two others for alleged overpricing of onion skin paper under RA No. 3019.
Section 13 of RA No. 3019 prescribes suspension of any incumbent public officer against whom a criminal prosecution under a valid information under that Act or specified offenses is pending.
Sandiganbayan granted the Special Prosecution Officer's motion to suspend petitioner pendente lite and denied reconsideration, leading to this petition.
Issues
Whether the Sandiganbayan erred in ordering petitioner's preventive suspension pendente lite.
Ruling
The petition is dismissed; the Sandiganbayan acted according to law in ordering preventive suspension.
Section 13 of RA No. 3019 makes suspension mandatory upon filing of a valid information charging that Act, Book II Title 7 RPC, or offenses involving fraud upon government or public funds/property.
The trial court has neither discretion nor duty to determine whether suspension is needed to prevent intimidation or frustration of prosecution; such possibilities are one of multiple grounds for suspension.
Keywords
G.R. No. 110503, certiorari, Sandiganbayan, Anti-Graft and Corrupt Practices Act, Republic Act No. 3019, overpricing, information, public officer, manifest partiality, evident bad faith, disadvantageous to the government, undue injury to the government, Section 13, RA 3019, preventive suspension, mandatory suspension, Revised Penal Code, Title 7, Book II, fraud upon government, public funds or property, grave abuse of discretion, Administrative Code of 1987, Section 52