Title
Crespo vs. Provincial Board of Nueva Ecija
Case
G.R. No. L-33237
Decision Date
Apr 15, 1988
Mayor Crespo suspended without notice or hearing; Supreme Court ruled due process violated, but case dismissed as moot after 1988 election loss.

Case Digest (G.R. No. L-33237)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Petitioner Gregorio T. Crespo was the duly elected Municipal Mayor of Cabiao, Nueva Ecija in 1967.
    • Private respondent Pedro T. Wycoco filed on January 25, 1971 an administrative complaint against petitioner for harassment, abuse of authority and oppression.
  • Administrative Proceedings
    • In compliance with Section 5, Republic Act No. 5185, petitioner submitted a written explanation to the Provincial Board of Nueva Ecija.
    • On February 15, 1971, without giving notice to petitioner or his counsel, the Provincial Board conducted an ex parte hearing, admitted testimonial and documentary evidence presented by Wycoco, and thereon adopted Resolution No. 51, preventively suspending petitioner from office.
  • Judicial Action and Subsequent Developments
    • Petitioner filed a petition for certiorari, prohibition and injunction with prayer for preliminary injunction before the Supreme Court to annul Resolution No. 51 and enjoin its enforcement.
    • On May 3, 1971, this Court granted a preliminary injunction restraining the Provincial Board from enforcing the suspension order.
    • Records showed that in the January 18, 1988 elections, petitioner was not re-elected to any public office, rendering the petition moot and academic.

Issues:

  • Whether the Provincial Board’s issuance of the preventive suspension order without prior notice to petitioner and without hearing his evidence violated procedural due process as required by the Constitution and Section 5 of Republic Act No. 5185.
  • Whether the petition for certiorari, prohibition and injunction remains justiciable despite the subsequent electoral developments.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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