Case Digest (G.R. No. L-33237)
Facts:
Gregorio T. Crespo, in his capacity as Mayor of Cabiao, Nueva Ecija v. Provincial Board of Nueva Ecija and Pedro T. Wycoco, G.R. No. 33237, April 15, 1988, the Supreme Court Second Division, Padilla, J., writing for the Court.Petitioner Gregorio T. Crespo was the elected Municipal Mayor of Cabiao, Nueva Ecija (elected in 1967). On January 25, 1971, private respondent Pedro T. Wycoco filed an administrative complaint against petitioner alleging harassment, abuse of authority and oppression. Pursuant to the procedure then applicable, petitioner submitted a written explanation as to why administrative action, including preventive suspension, should not be imposed under Section 5 of Republic Act No. 5185.
On February 15, 1971, the Provincial Board of Nueva Ecija conducted a hearing of the administrative complaint without notifying petitioner or his counsel. At that proceeding Wycoco was allowed to present testimonial and documentary evidence ex parte, and the Provincial Board thereupon adopted Resolution No. 51, which preventively suspended petitioner from office. The record shows no meaningful opportunity for petitioner to present or have his written explanation considered at that hearing.
Petitioner then filed a petition for certiorari, prohibition and injunction seeking annulment of Resolution No. 51 and to enjoin its enforcement; the Supreme Court issued a preliminary injunction on May 3, 1971. In its memorandum, the Provincial Board claimed that petitioner’s counsel had requested an opportunity to argue but failed to appear; the Court found that contention unproven on the record. Although the Court agreed that procedural due process was violated, it noted that the matter had be...(Pro-only)
Issues:
- Was petitioner deprived of due process when the Provincial Board preventively suspended him without affording him a hearing?
- If due process was violated, is the petition still justiciable or should it be dismissed as moot given sub...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)