Case Digest (G.R. No. L-11959)
Case Digest (G.R. No. L-11959)
Facts:
Arturo B. Pascual v. Hon. Provincial Board of Nueva Ecija, G.R. No. L-11959, October 31, 1959, the Supreme Court En Banc, Gutierrez David, J., writing for the Court.Petitioner Arturo B. Pascual, then mayor of San Jose, Nueva Ecija (elected 1951, reelected 1955), was the subject of three administrative charges filed on October 6, 1956 by the Acting Provincial Governor with the Provincial Board of Nueva Ecija. Charge III accused Pascual of "Maladministration, Abuse of Authority, and Usurpation of Judicial Functions" for actions in December 1954: allegedly accepting a criminal complaint, conducting a preliminary investigation, fixing bail at P6,000, issuing an arrest warrant, and later, over the express refusal of the justice of the peace, reducing bail to P3,000.
After initial evidence on the first two charges, Pascual moved before the Provincial Board to dismiss Charge III on the ground that the acts alleged occurred during his prior term and therefore could not serve as a ground to discipline him in his current term; the Board denied the motion and a subsequent motion for reconsideration. Pascual then sought relief in this Court by petition for a writ of prohibition with preliminary injunction (filed as G.R. No. L-11730), asking that the Board be enjoined from taking cognizance of Charge III; that petition was denied by minute resolution on December 21, 1956 "without prejudice to action, if any, in the Court of First Instance."
Subsequently Pascual filed a petition for prohibition with preliminary injunction in the Court of First Instance of Nueva Ecija to likewise restrain the Provincial Board. The Provincial Board moved to dismiss in lieu of answer, asserting that the petition stated no cause of action because Pascual had not first exhausted administrative remedies (specifically, appeal to the Executive Secretary) and that the Board had jurisdiction to entertain Charge III. The trial court dismissed the petition as "premature" for failure to appeal to the Executive Secretary. Pascual appealed to this Court (G.R. No. L-11959) and, upon urgent petition, secured the issuance of a writ of preliminary injunction restraining the Provincial Board pending resolution of the appeal.
Pascual's contentions on appeal were principally that the CFI erred in (1) refusing to hold that alleged usurpation of judicial functions committed in the prior term could not be a ground for disciplining him during his second term and therefore that the Provincial Board lacked jurisdiction over Charge III, and (2) holding the prohibition petition premature for failure to exhaust administrative remedies under the Revised Administrative Code.
Issues:
- Was the petition for a writ of prohibition premature for failure to exhaust administrative remedies (i.e., to appeal first to the Executive Secretary)?
- May an elective municipal official be subjected to administrative investigation or removal for misconduct alleged to have been committed during a prior term of office?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)