Case Digest (G.R. No. L-23967)
Facts:
- The case involves Antonino M. Milanes, the municipal mayor of Agoo, La Union.
- The charges against Milanes were based on allegations of slander by words, slander by deed, and serious threats.
- These allegations were supposedly made and committed during a public political rally.
- The charges were brought against Milanes in his capacity as the municipal mayor.
Issue:
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Ruling:
- The Supreme Court ruled in favor of Milanes, stating that the charges did not cons...(Unlock)
Ratio:
- The charges did not fall under the category of "conviction by final judgment of any crime involving moral turpitude" because there was no conviction at the time.
- The grounds of neglect of duty, oppression, corruption, or other forms of maladministration of office only apply to acts or omissions committed or incurred "in office."
- The acts in question were performed by Milanes while he was acting as a toastmaster in a political rally organized by the Nacionalista Party, not by the government.
- Therefore, Milanes acted in his private capacity and his actions did not affect his official integrity as the mayor.
Supporting Cases:
- Lacson v. Roque, Mondano v. Silvosa, and Cornejo v. Naval were cited to support the ruling.
- These cases established that certain acts committed by mayors, even if related to their office, may not necessarily constitute misconduct in office if they were not performed in the course of their official duties or if they did not make use of the powers of their office.
Additional Ruling:
- T...continue reading
Case Digest (G.R. No. L-23967)
Facts:
The case of Milanes v. De Guzman involves a petition filed by Antonino M. Milanes, the municipal mayor of Agoo, La Union, against Eulogio F. De Guzman, the Provincial Governor of La Union, as well as the Vice-Governor and Members of the Provincial Board of La Union. The petitioner alleges that he was temporarily suspended from office by the Governor based on an administrative complaint filed by the Governor himself, which was prompted by charges made by Rolando Rivera. These charges accuse the petitioner of committing the crimes of slander by words, slander by deed, and serious threats during a public political rally held in Agoo. The petitioner argues that the Governor's suspension is an excess of jurisdiction and grave abuse of discretion. The petitioner also claims that the allegations in the administrative complaint do not warrant his suspension and do not fall under the grounds for disciplinary action against municipal officers as specified in Section 2188 of the Revised Administrative Code. The lower court granted the petitioner's request for a writ of preliminary mandatory injunction and preliminary injunction, and ...