Case Digest (G.R. No. L-33237) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Gregorio T. Crespo, in his capacity as Mayor of Cabiao, Nueva Ecija, vs. Provincial Board of Nueva Ecija and Pedro T. Wycoco (G.R. No. 33237, April 15, 1988), petitioner Gregorio T. Crespo was elected Municipal Mayor of Cabiao in 1967. On January 25, 1971, private respondent Pedro T. Wycoco filed an administrative complaint before the Provincial Board of Nueva Ecija charging the mayor with harassment, abuse of authority, and oppression. Pursuant to Section 5 of Republic Act No. 5185, Crespo submitted a written explanation to the Board. Without notifying Crespo or his counsel, the Provincial Board held an ex parte hearing on February 15, 1971, admitted testimonial and documentary evidence solely from Wycoco, and issued Resolution No. 51, preventively suspending petitioner from office. Crespo then filed a petition for certiorari, prohibition, and injunction with a prayer for preliminary injunction before the Supreme Court, seeking to annul the suspension order and to enjoin fur Case Digest (G.R. No. L-33237) Expanded Legal Reasoning Model
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)