Title
Ganzon vs. Court of Appeals
Case
G.R. No. 93252
Decision Date
Nov 8, 1991
Mayor Ganzon challenged multiple preventive suspension orders; Supreme Court upheld suspensions but allowed simultaneous service, enabling his reinstatement after full compliance.

Case Digest (G.R. No. 93252)
Expanded Legal Reasoning Model

Facts:

  • Administrative Complaints and Preventive Suspensions
    • In 1988, ten (10) administrative complaints for abuse of authority, oppression, grave misconduct and related charges were filed against Rodolfo T. Ganzon, then City Mayor of Iloilo City.
    • Secretary Luis T. Santos issued three (3) preventive suspension orders against Mayor Ganzon on:
      • August 11, 1988 (60 days)
      • October 11, 1988 (60 days)
      • May 3, 1990 (60 days)
  • Early Judicial Proceedings
    • Ganzon petitioned the Court of Appeals via two prohibition petitions (CA-G.R. SP No. 16417 and CA-G.R. SP No. 20736), both dismissed for lack of merit in September 1988 and July 1990.
    • On June 26, 1990, the Supreme Court issued a Temporary Restraining Order (TRO) enjoining enforcement of the first three suspension orders and restraining the Court of Appeals’ decisions.
  • Fourth Suspension and Main Decision
    • Before promulgation of the main decision, Secretary Santos issued a fourth preventive suspension order on July 3, 1991 (60 days) in Administrative Case No. 51-90.
    • On August 5, 1991, the Supreme Court promulgated a decision:
      • Dismissing the consolidated petitions (G.R. Nos. 93252, 93746, 95245).
      • Lifting the June 26 TRO.
      • Affirming the three suspensions, but allowing Mayor Ganzon to serve the remaining days of the third suspension and ordering consolidation of pending administrative cases.
  • Post-Decision Motions and Conflicting TROs
    • Respondents sought clarification and insisted the third suspension “shall be deemed in force” via memorandum dated August 29, 1991.
    • Ganzon filed a petition for mandamus in the Court of Appeals (CA-G.R. SP No. 25840) and concurrently a “manifestation and compliance” in the Supreme Court, claiming full service of all orders and seeking reinstatement.
    • The Court of Appeals granted a TRO on September 3, 1991, suspending the August 29, 1991 memorandum.
    • The Supreme Court countered with a TRO on September 5, 1991, directing the Court of Appeals to desist from implementing its TRO. Ganzon then moved to dissolve this restraining order.

Issues:

  • When may Mayor Ganzon legally re-assume office after serving multiple preventive suspension orders?
  • Can overlapping preventive suspension orders be served simultaneously for credit?
  • Must the second preventive suspension (October 11, 1988) still be served for 60 days despite an RTC injunction?
  • Are the petitions in CA-G.R. SP No. 25840 and the RTC prohibition case rendered moot and academic?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.