Case Digest (G.R. No. L-31347)
Facts:
- Petition for quo warranto, injunction, and prohibition filed by Jose C. Luciano, the incumbent Acting Mayor of Makati, Rizal.
- Seeks to restrain the enforcement of the suspension order issued by the Court of First Instance of Rizal in Criminal Case No. 19346.
- Also seeks to restrain the appointment of Johnny Wilson as Acting Municipal Mayor of Makati.
- Arises from the filing of graft-and-corrupt-practices cases against several municipal officials of Makati.
Issue:
- (Unlock)
Ruling:
- The Supreme Court grants the motion for a hearing on the validity of the charges and lack of proper preliminary investigation.
- The Court sets aside the suspension order and dissolves the preliminary writs of injunction previously issued.
- The Court directs the respondent Judge to hold a hearing on the validity of the information and the claimed lack of proper preliminary investigation.
- The Judge is instruc...(Unlock)
Ratio:
- The Court grants the motion for a hearing on the validity of the charges and lack of proper preliminary investigation.
- This is based on the principle that a suspension of an elected public official before conviction should be subject to a hearing.
- The Court emphasizes the importance of a speedy determination of the issues involved in the case.
- The Court recognizes the serious...continue reading
Case Digest (G.R. No. L-31347)
Facts:
The case of Luciano v. Wilson involves a petition for quo warranto, injunction, and prohibition filed by Jose C. Luciano, the incumbent Acting Mayor of Makati, Rizal. Luciano seeks to restrain the enforcement of the suspension order issued by the Court of First Instance of Rizal in Criminal Case No. 19346, as well as the appointment of Johnny Wilson as Acting Municipal Mayor of Makati. The case arises from the filing of graft-and-corrupt-practices cases against several municipal officials of Makati.
In a previous decision, the Supreme Court upheld the suspension from office of elected Mayor Maximo Estrella and other accused municipal officials due to their violation of the Anti-Graft and Corrupt Practices Act. As a result, Jose C. Luciano, a ranking councilor, assumed the position of Acting Mayor of Makati. However, prior to his assumption of office, Luciano himself was charged with violation of the same law. He filed a petition for prohibition to prevent the filing and acceptance of the information against him, alleging that it was filed without a preliminary investigation and without giving him notice and an opportunity to be heard. The Supreme Court dismissed the petition but allowed Luciano to file a motion for a preliminary investigation and suspension of the criminal proceedings.
Luciano filed a motion for a preliminary investigation, but it was denied by the court below. The court suggested that a reinvestigation or review of the evidence could be conducted by the incumbent Provincial Fiscal, who had been appointed to the judiciary. Luciano then requested the fiscal to conduct a preliminary investigation and/or reinvestigation. The fiscal granted ...