A.M. No. MTJ-08-1710 - Ricablanca vs. Barillo

Petitioner's Suspension: Patricio G. Dumlao, the Provincial Governor of Nueva Vizcaya, was preventively suspended from office by the President of the Philippines on April 13, 1965, based on administrative charges filed against him on March 19, 1964. The suspension order directed Dumlao to turn over his office to Belen F. Calderon, the Vice-Governor of Nueva Vizcaya.

Legal Challenge: On April 23, 1965, Dumlao filed a petition for writs of prohibition and mandamus, challenging the validity of his suspension. He argued that Article VII, Section 10(1) of the Philippine Constitution limited the President's authority to suspend and remove provincial officials under Section 2078 of the Revised Administrative Code. He also claimed that the suspension lacked factual basis and was arbitrary and oppressive.

Request for Injunction: Dumlao sought a preliminary injunction to stop the enforcement of the suspension order and to prevent Assistant Solicitor General Antonio A. Torres from continuing the investigation of the administrative charges.

The Solicitor-General filed an Answer on April 28, 1965, opposing Dumlao's petition.
A hearing on the preliminary injunction was held on April 29, 1965.
On May 14, 1965, Dumlao filed an urgent motion for resolution of his petition for preliminary injunction and requested a restraining order to halt the investigation.
The Court issued a restraining order on May 17, 1965, and required the Solicitor-General to comment within ten days. However, no comment was filed despite extensions.
The case was set for hearing on the merits on September 8, 1965, but no memoranda were filed by either party.

Mootness of the Case: The case became moot due to the change in administration following the November 1965 national elections and the expiration of Dumlao's term as Provincial Governor on December 31, 1967. Dumlao was reelected in the November 1967 local elections. Additionally, the enactment of Republic Act 5185 (Decentralization Act of 1967) rendered the legal issue academic.

Whether the President's authority to suspend and remove provincial officials under Section 2078 of the Revised Administrative Code was limited by Article VII, Section 10(1) of the Philippine Constitution.
Whether the suspension order against Dumlao was valid and lawful.
Whether the case had become moot and academic due to the change in administration and the expiration of Dumlao's term.