G.R. No. 172035 - Miguel vs. Sandiganbayan

On May 29, 1996, Vice Mayor Mercelita M. Lucido and other Koronadal City officials filed a letter‐complaint with the Ombudsman charging Mayor Fernando Q. Miguel with violation of R.A. No. 3019 in connection with the consultancy for the proposed public market.
The Ombudsman directed the submission of counter‐affidavits on June 27, 1996; Miguel filed his counter‐affidavit on October 23, 1996.

On July 29, 1999, the Ombudsman found probable cause to charge Miguel under Section 3(e) of R.A. 3019 and for falsification of public document; on March 1, 2000, the corresponding informations were filed in the Sandiganbayan (Crim. Cases Nos. 25819 and 25820).
The RA 3019 information alleged that Miguel, acting with “evident bad faith and manifest partiality,” gave unwarranted benefits to private individuals by inviting them to the prequalification without newspaper publication.

Co-accused and Miguel separately moved for reinvestigation; the Sandiganbayan granted extensions to file counter‐affidavits but Miguel repeatedly failed to submit one, prompting the OSP to declare waiver on April 25, 2001, and the Ombudsman’s approval on July 31, 2001.
On August 7, 2001, the OSP requested arraignment and trial of Miguel and his co-accused.

On August 6, 2002, Miguel moved to quash the informations and for reinvestigation; the Sandiganbayan denied his motion on February 18, 2003, which Miguel did not appeal.
He was arraigned on November 3, 2004 and pleaded not guilty to both cases.

On April 28, 2005, the OSP moved to suspend Miguel pendente lite; Miguel opposed on June 27, 2005, alleging defects in the information. The Sandiganbayan granted the 90-day suspension on January 25, 2006.
Miguel moved for reconsideration on February 2, 2006, demanding a pre-suspension hearing; the Sandiganbayan denied it on March 27, 2006. He then filed a Rule 65 certiorari petition.

Whether the information charging petitioner with violation of Section 3(e) of R.A. 3019 is valid.
Whether the absence of an actual pre-suspension (show-cause) hearing invalidates the suspension order.