Case Digest (G.R. No. 178000)
Facts:
The case involves Liberato M. Carabeo, who served as the Officer-in-Charge (OIC) of the Office of the Treasurer of Parañaque City. On July 8, 2005, the Department of Finance-Revenue Integrity Protection Service (DOF-RIPS), represented by Troy Francis Pizarro, Joel Apolonio, Reynalito L. Lazaro, Ismael Leonor, and Melchor Piol, filed a complaint against Carabeo with the Office of the Ombudsman. The complaint alleged that Carabeo's net worth had significantly increased from approximately P114,900 in 1981 to about P7.5 million in 2004, alongside the acquisition of numerous expensive properties and vehicles, which he failed to declare in his Statements of Assets, Liabilities, and Net Worth (SALNs). The complaint highlighted discrepancies in Carabeo's SALNs, particularly regarding the non-disclosure of several vehicles and properties, which constituted violations of Republic Act (RA) Nos. 3019 and 6713. The DOF-RIPS requested the Ombudsman to file criminal and administrati...
Case Digest (G.R. No. 178000)
Facts:
Background of the Case
- Liberato M. Carabeo, Officer-in-Charge (OIC) of the Office of the Treasurer of Parañaque City, was accused of amassing wealth disproportionate to his income.
- The Department of Finance-Revenue Integrity Protection Service (DOF-RIPS) filed a complaint with the Office of the Ombudsman on 8 July 2005, alleging that Carabeo's net worth had ballooned from P114,900 in 1981 to approximately P7.5 million in 2004.
- Carabeo and his spouse allegedly acquired numerous expensive properties and vehicles, many of which were not declared in his Statements of Assets, Liabilities, and Net Worth (SALNs).
Allegations of Unexplained Wealth
- Carabeo was accused of owning multiple real properties, including:
- A 1,000 sq.m. residential lot in Tagaytay City.
- A 1,500 sq.m. residential lot in Tagaytay City.
- A townhouse in Cavite.
- Three parcels of land in Laguna.
- He also allegedly owned several vehicles, including a Ford F150, Mazda Familia, Chevrolet Cassia, Mitsubishi Lancer, and Honda CRV, many of which were not declared in his SALNs.
- Carabeo and his spouse also purchased a share in The Palms Country Club, valued at P745,000.
DOF-RIPS Complaint
- The DOF-RIPS sought:
- Criminal charges against Carabeo for violations of Republic Act (RA) Nos. 3019 (Anti-Graft and Corrupt Practices Act), 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), and 1379 (Forfeiture of Ill-Gotten Wealth).
- Administrative charges for dishonesty and grave misconduct.
- Forfeiture of unlawfully acquired properties.
- Preventive suspension of Carabeo.
Preventive Suspension
- On 26 July 2005, the Ombudsman ordered Carabeo's preventive suspension for up to six months without pay.
- Carabeo filed a petition for certiorari with the Court of Appeals, challenging the preventive suspension and alleging a violation of due process.
- The Court of Appeals issued a Temporary Restraining Order (TRO) on 18 October 2005, enjoining the enforcement of the suspension.
- Despite the TRO, Carabeo was detailed to the Bureau of Local Government Finance (BLGF) on 10 November 2005, prompting him to file another petition for contempt against Secretary Teves.
Court of Appeals Decision
- On 31 October 2006, the Court of Appeals dismissed Carabeo's petitions, ruling that:
- Preventive suspension by the Ombudsman does not require prior notice and hearing.
- The detail order was lawful and did not violate the TRO.
- The complaint against Carabeo was valid, and the evidence of guilt was strong.
Issue:
- Whether the Court of Appeals committed grave abuse of discretion in ruling that the failure to provide implementing rules for Executive Order No. 259 (EO 259) does not render it unenforceable.
- Whether the preventive suspension imposed by the Ombudsman on Carabeo was legal.
- Whether the complaint against Carabeo violated Section 10 of RA 6713, which entitles him to be informed beforehand and to take corrective action.
Ruling:
- The Supreme Court dismissed Carabeo's petition, upholding the Court of Appeals' decision.
On EO 259
- The enforceability of EO 259 is immaterial to the validity of the charges against Carabeo. The DOF-RIPS, even without EO 259, can file charges against corrupt officials based on sufficient evidence.
On Preventive Suspension
- Preventive suspension is a preliminary step in an administrative investigation and does not require prior notice and hearing. The Ombudsman's determination that the evidence of guilt is strong is sufficient to justify the suspension.
- The Court found that the Ombudsman did not commit grave abuse of discretion in issuing the preventive suspension order.
On Violation of RA 6713
- Carabeo's failure to disclose assets in his SALN constitutes a violation of RA 3019 and other laws. Section 10 of RA 6713, which allows for corrective measures, does not apply to charges under RA 3019.
- The Court emphasized that the SALN is a crucial tool for ensuring accountability and transparency in public service.
Ratio:
- (Unlock)