Case Digest (A.M. No. 10-7-17-SC)
Facts:
Nilo A. Malanyaon v. Hon. Esteban M. Lising and Cesario Goleta, G.R. No. 56028, July 30, 1981, Supreme Court Second Division, Abad Santos, J., writing for the Court.Petitioner Nilo A. Malanyaon, formerly a member of the Sangguniang Bayan of Bula, Camarines Sur, sought judicial relief against respondent Judge Esteban M. Lising of the Court of First Instance (CFI) of Camarines Sur, Branch VI, and respondent Cesario Goleta, Municipal Treasurer of Bula. The controversy arose from disbursements of municipal funds to the heirs of the late Mayor S.B. Pontanal.
The respondent judge’s October 3, 1980 order recited that Mayor S.B. Pontanal had been accused in Criminal Case No. P-339 for violation of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019). Upon filing of the information and after hearing, he was suspended from office; during his suspension he died and, because of his death, the criminal charge was dismissed. The Municipal Treasurer subsequently paid Venancia Pontanal, the widow, P5,000 representing part of the late Mayor’s salary for the suspension period (August 16, 1977 to November 28, 1979), and petitioner sought a declaratory and injunctive action to declare such disbursement illegal and to restrain further payments.
The CFI dismissed petitioner’s action on the ground that the dismissal of the criminal case due to the accused’s death amounted to acquittal. Petitioner filed a petition for review to the Supreme Court ...(Subscriber-Only)
Issues:
- Does dismissal of a criminal case by reason of the accused’s death constitute an "acquittal" within the meaning of Section 13 of R.A. No. 3019 so as to entitle the suspended public officer (or heirs) to reinstatement and back salaries?
- Is Article 81, No. 1 of the Revised Penal Code (that death of the accused pending appeal extinguishes criminal and civil liability) relevant to the claim for back salaries or to equat...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)