Case Digest (G.R. No. 16887)
Facts:
Miguel R. Cornejo v. Andres Gabriel, G.R. No. 16887, November 17, 1920, the Supreme Court En Banc, Malcolm, J., writing for the Court. The petitioner, Miguel R. Cornejo, was the duly elected municipal president of Pasay, Rizal; the respondents were Andres Gabriel, provincial governor of Rizal, and the Provincial Board of Rizal (Andres Gabriel, Pedro Magsalin and Catalino S. Cruz).Complaints alleging neglect, oppression, corruption or other maladministration were received by Governor Gabriel, who investigated and, in his judgment that the charges affected the official integrity of the municipal president, temporarily suspended Cornejo pending submission of written charges to the provincial board and further action. The provincial board was conducting an investigation pursuant to the governor's submission. Cornejo filed an original petition in mandamus in the Supreme Court seeking to restrain the provincial governor and the provincial board from proceeding with their investigation and to compel the governor to reinstate him.
The provincial board interposed a demurrer arguing the Court had no right to enjoin compliance with the law; the governor filed an answer admitting receipt of complaints, investigation, suspension, and ongoing proceedings before the board. No lower court determinations are reported; the case was presented to the Supreme Court by original mandamus proceedings and dec...(Pro-only)
Issues:
- Is the petitioner entitled to a writ of mandamus directing respondents to desist from investigation and to reinstate him as municipal president?
- Does the temporary suspension of a municipal officer by the provincial governor without prior notice or hearing violate the due process guarantees of the Philippine Bill of Rights (or the constitutional guarantee against deprivation of life, liberty...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)