Case Digest (G.R. No. 177878)
Facts:
The case involves SPO1 Leonito Acuzar as the petitioner and Aproniano Jorolan, along with Hon. Eduardo A. Apresa, the Chairman of the People's Law Enforcement Board (PLEB) of New Corella, Davao del Norte, as respondents. The events leading to this case began on May 2, 2000, when Jorolan filed Administrative Case No. 2000-01 against Acuzar, accusing him of Grave Misconduct for allegedly engaging in an illicit relationship with Jorolan's minor daughter. Subsequently, on May 11, 2000, Jorolan initiated a criminal case against Acuzar for violating the Child Abuse Act (Republic Act No. 7610), which was docketed as Criminal Case No. 1712 in the Municipal Trial Court of New Corella. Acuzar denied the allegations in a Counter-Affidavit submitted to the PLEB, supported by an affidavit from Jorolan's daughter, who denied any relationship with Acuzar.
On July 24, 2000, Acuzar filed a motion to suspend the PLEB proceedings pending the resolution of the criminal case, which...
Case Digest (G.R. No. 177878)
Facts:
Administrative and Criminal Charges: On May 2, 2000, respondent Aproniano Jorolan filed Administrative Case No. 2000-01 before the People's Law Enforcement Board (PLEB) of New Corella, Davao del Norte, charging petitioner SPO1 Leonito Acuzar with Grave Misconduct for allegedly having an illicit relationship with Jorolan's minor daughter. On May 11, 2000, Jorolan also filed a criminal case against Acuzar before the Municipal Trial Court for Violation of Section 5(b), Article III of Republic Act No. 7610 (Child Abuse Act).
Petitioner’s Defense: On May 15, 2000, Acuzar filed a Counter-Affidavit before the PLEB, denying the allegations. He attached the affidavit of Jorolan's daughter, Rigma A. Jorolan, who denied any relationship with Acuzar or any inappropriate behavior.
Motion to Suspend Proceedings: On July 24, 2000, Acuzar filed a motion to suspend the PLEB proceedings pending resolution of the criminal case. The PLEB denied the motion, stating it lacked merit, and proceeded with the hearing.
PLEB Decision: On August 17, 2000, the PLEB found Acuzar guilty of Grave Misconduct (Child Abuse) and ordered his dismissal from service.
Petition Before the RTC: Acuzar filed a Petition for Certiorari before the Regional Trial Court (RTC) of Tagum City, alleging that the PLEB decision was issued without due process and that the PLEB lacked jurisdiction to proceed without a prior conviction in the criminal case.
RTC Ruling: On October 15, 2002, the RTC annulled the PLEB decision, finding that Acuzar was denied due process as he was not given an opportunity to present his evidence.
CA Ruling: On March 23, 2007, the Court of Appeals (CA) reversed the RTC decision, holding that Acuzar should have appealed the PLEB decision to the Regional Appellate Board instead of filing a petition for certiorari. The CA also ruled that Acuzar was afforded due process.
Issue:
- Whether the CA erred in ruling that certiorari was not a proper remedy to assail the PLEB decision since appeal was available.
- Whether the CA erred in ruling that Acuzar was accorded due process before the PLEB.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)