Facts:

The case involves Arturo A. Acolola as the petitioner and Francisco S. Tantuico Jr., the Acting Chairman of the Commission on Audit, and Horacio A. Martinez as respondents. The events surrounding the case began on April 16, 1972, when Acolola was appointed as the Provincial Auditor of Capiz. Prior to the events leading to this petition, Acolola faced two previous administrative complaints—one filed before December 12, 1972, which was dismissed by Auditor General Ismael Mathay, and another on December 27, 1974, which was dismissed by Tantuico himself on December 17, 1975.

The pivotal complaint that led to Acolola's dismissal was filed on December 3, 1976, by private respondent Martinez, a contractor involved in public works projects in Romblon. The complaint included serious allegations against Acolola: failure to process payment and inspection requests, demands for bribes, and inappropriate behavior involving a trip for his daughter. Following these allegations, an entrapme

Facts:

1. Assignment and Initial Complaints:

   • Petitioner Arturo A. Acolola was assigned as Provincial Auditor of Capiz on April 16, 1972.
   • Before December 12, 1972, an administrative complaint was filed against him for various irregularities, but it was dismissed by the Auditor General, Ismael Mathay, on December 12, 1972.
   • On December 27, 1974, another administrative complaint was filed against him for misconduct, neglect of duty, and incompetence, which was also dismissed on December 17, 1975, by Acting Chairman Francisco S. Tantuico Jr.

2. Third Complaint and Entrapment:

   • On December 3, 1976, while serving as Acting Highway Engineering District Auditor of Romblon, private respondent Horacio A. Martinez filed a complaint against petitioner, accusing him of:
     • Delaying action on payment of vouchers.
     • Delaying action on requests for inspection of accomplished work.
     • Refusing to assign an auditor's representative to check deliveries of materials.
     • Piecemeal suspension of vouchers.
     • Demanding free transportation and meals during inspections.
     • Demanding P24,000 for his twin daughters' plane fare to the United States.
   • An entrapment operation was conducted on December 15, 1976, during which petitioner was caught receiving P2,000 in marked bills as bribe money from Martinez.

3. Administrative Charges and Dismissal:

   • On January 12, 1977, a formal administrative charge was filed against petitioner, and he was preventively suspended.
   • On May 12, 1977, petitioner was summarily dismissed from service under Presidential Decree No. 807.
   • Petitioner’s motion for reconsideration, requesting a formal investigation, was denied.

4. Petition to the Supreme Court:

   • Petitioner filed a petition for certiorari, mandamus, and preliminary injunction, seeking:
     • Review and reversal of his summary dismissal.
     • Reinstatement to his former position.
   • The Supreme Court issued a temporary restraining order on November 4, 1977, pending resolution of the case.

Issue:

1. Whether the respondent Chairman of the Commission on Audit could summarily dismiss petitioner under Presidential Decree No. 807.
2. Whether the summary dismissal violated petitioner’s constitutional rights.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)