Title
Bongcawil vs. Provincial Board of Lanao del Norte
Case
G.R. No. L-20368
Decision Date
Feb 28, 1964
Mayor Bongcawil suspended for alleged irregularities; new Provincial Board upheld dismissal decision. SC denied certiorari, citing failure to exhaust administrative remedies and no grave abuse of discretion.
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Case Digest (G.R. No. L-20368)

Facts:

1. Filing of Complaint and Suspension:

  • On March 7, 1960, Victorio Dy filed a complaint with the Provincial Board of Lanao del Norte against Crispin Bongcawil, the Mayor of Maigo, Lanao del Norte, alleging irregularities in his official capacity.
  • As a result, Governor Mohamad Ali Dimaporo suspended Bongcawil from office for 30 days.

2. Hearing and Submission for Decision:

  • The complaint was set for hearing after Bongcawil filed his answer. Both parties submitted oral and documentary evidence.
  • The case was then submitted to the Provincial Board for decision.

3. Drafting of Decision:

  • The Provincial Board passed a resolution designating Vice Governor Valerio V. Rovira to draft the decision based on the evidence submitted.
  • Rovira submitted the draft decision in August 1961 for deliberation by the board.

4. Change in Board Composition:

  • Before the board could finalize the decision, Vice Governor Rovira and Board Member Bienvenido L. Padilla vacated their positions after launching candidacies for congressman in the 1961 elections.
  • Arsenio A. Quibranza and Sheik Cosain Ali Usman were appointed to fill the vacancies.

5. Final Decision by New Board:

  • On September 7, 1962, the newly constituted Provincial Board convened and unanimously adopted the decision prepared by former Vice Governor Rovira, which recommended Bongcawil's dismissal from office.
  • Bongcawil was informed of the decision but failed to appeal to the Office of the President as required by law.

6. Petition for Certiorari:

  • Bongcawil filed a petition for certiorari, arguing that the decision of the new board was null and void due to grave abuse of discretion and violation of law.

Issue:

  1. Whether the Provincial Board of Lanao del Norte acted with grave abuse of discretion and in violation of law in rendering the decision on September 7, 1962.
  2. Whether Bongcawil's failure to exhaust administrative remedies (by not appealing to the Office of the President) bars him from filing the petition for certiorari.
  3. Whether the individual opinions of the former board members, which were not formally adopted, have binding effect.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court upheld the decision of the Provincial Board of Lanao del Norte, emphasizing the importance of exhausting administrative remedies and the proper exercise of authority by administrative bodies. The petition was denied, and no costs were awarded.


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