Case Digest (G.R. No. L-6538)
Facts:
The case involves Pablo Burguete, who was the municipal mayor of Badajoz, Province of Romblon, having been elected to the position in November 1951. The respondents in this case are Jovencio Q. Mayor, the provincial governor of Romblon, and Esteban B. Montesa, the acting municipal mayor of Badajoz. On August 21, 1952, a criminal complaint for serious slander was filed against Burguete in the justice of the peace court of Badajoz. Subsequently, on October 7, 1952, the case was forwarded to the Court of First Instance of Romblon. On November 13, 1952, Governor Jovencio Q. Mayor suspended Burguete from his position as mayor, citing the pending criminal case against him and referring to a "standing policy of the Administration" to suspend any elective official facing a criminal action involving moral turpitude. Following this suspension, Esteban B. Montesa, the vice-mayor, was directed to act as mayor. Burguete then filed a petition for mandamus and quo warranto against...
Case Digest (G.R. No. L-6538)
Facts:
Parties Involved:
- Petitioner: Pablo Burguete, the elected municipal mayor of Badajoz, Romblon, elected in November 1951.
- Respondents:
- Jovencio Q. Mayor, the provincial governor of Romblon.
- Esteban B. Montesa, the acting municipal mayor of Badajoz, Romblon.
Criminal Complaint:
- On August 21, 1952, a criminal complaint for serious slander was filed against Burguete in the justice of the peace court of Badajoz.
- The case was forwarded to the Court of First Instance of Romblon on October 7, 1952.
Suspension of Burguete:
- On November 13, 1952, Governor Jovencio Q. Mayor suspended Burguete as mayor, citing the pending criminal case and the "standing policy of the Administration to place under suspension any elective official against whom a criminal action involving moral turpitude is pending adjudication before the competent court."
- Esteban B. Montesa, the vice-mayor, was directed to act as mayor.
Legal Proceedings:
- Burguete filed a motion to quash the criminal case, but it was denied.
- The case could not proceed to trial due to the non-appearance of prosecution witnesses.
- No administrative investigation was conducted by the provincial board under Section 2188 of the Administrative Code.
Petition Filed:
- Burguete filed a petition for mandamus and quo warranto against Governor Mayor and Acting Mayor Montesa.
Issue:
Legality of Suspension:
- Whether the suspension of Burguete as municipal mayor, based solely on the pending criminal case for serious slander, is legal and justified.
Moral Turpitude:
- Whether serious slander, as a form of libel, involves moral turpitude, justifying the suspension of an elected official.
Administrative Policy:
- Whether the "standing policy of the Administration" to suspend officials with pending criminal cases involving moral turpitude is valid and applicable in this case.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)