Case Digest (G.R. No. 188456)
Facts:
In Salalima et al. v. Guingona (G.R. Nos. 117589–92, May 22, 1996), petitioners Romeo R. Salalima (Governor), Danilo S. Azaña (Vice-Governor) and members of the Sangguniang Panlalawigan of Albay sought to annul Administrative Order No. 153 dated October 7, 1994 issued by President Ramos and Executive Secretary Teofisto T. Guingona, Jr. The Order adopted findings of an Ad Hoc Committee which had investigated four administrative complaints (O.P. Cases Nos. 5470, 5469, 5471 and 5450) filed in 1993 charging petitioners with wanton disregard of law, grave abuse of authority, oppression, malversation and negligence under Sections 60(c), (d) and (e) of the Local Government Code (R.A. 7160). The Committee found that petitioners (a) wrongfully appropriated P40,724,471.74 paid by the National Power Corporation (NPC) as real property tax delinquencies, failing to share trust-fund portions with the Municipalities of Tiwi and Daraga and the national government, (b) illegally engaged privatCase Digest (G.R. No. 188456)
Facts:
- Parties and Administrative Order
- Petitioners: Governor Romeo R. Salalima, Vice-Governor Danilo S. Azaña, Albay Sanggunian members, and certain municipal officials of Albay.
- Respondents: Executive Secretary Teofisto T. Guingona, Jr., members of the Presidential Ad Hoc Committee, and others.
- On October 7, 1994, President Ramos signed Administrative Order No. 153, suspending petitioners for alleged abuse of authority and related offenses in four (4) Office of the President (O.P.) cases (Nos. 5450, 5469, 5470, 5471).
- Underlying Administrative Cases
- O.P. Case No. 5470 – Complaint by Tiwi Mayor Naomi Corral over refusal to share P 40,724,471.74 real estate tax payments from NPC; COA SAO Report No. 93-11 found misapplication of funds and illegal expenditures.
- O.P. Case No. 5469 – Retainer contract for legal services of private counsel in G.R. No. 87479; COA disallowed P 7.38 million paid for lack of prior concurrence of the Solicitor General and COA, and violation of R.A. 7160.
- O.P. Case No. 5471 – Series of administrative complaints against Mayor Corral for purported abuse and oppression; preventive suspensions and stays by DILG and O.P.
- O.P. Case No. 5450 – Repair and rehabilitation contracts for Tabaco Public Market awarded to RYU Construction; failure to impose liquidated damages for delay and improper negotiated contract in violation of P.D. 1594.
- Procedural History
- Petitioners moved for certiorari relief before the Supreme Court, alleging grave abuse of discretion, lack of jurisdiction, and deprivation of due process.
- Issues were consolidated into five (5) main questions. The OSG urged resolution on the merits despite served suspensions. The Court gave due course to the petition.
Issues:
- Whether suspensions totaling 12–20 months without exceeding each petitioner’s unexpired term violated Section 66(b), R.A. 7160, and due process?
- Whether reliance on COA SAO Report No. 93-11 and a non-final CSB was premature during pendency of appeals to the COA En Banc?
- Whether the P 40,724,471.74 received by the Province from NPC under the MOA constituted tax proceeds subject to sharing with Tiwi and Daraga under P.D. No. 464 and trust-fund rules, rather than a private sale price?
- Whether petitioners’ reelection in May 1992 condoned administrative acts committed during their prior terms in O.P. Cases 5450 and 5469?
- Whether petitioners in O.P. Case No. 5469 were improperly charged under Section 60(e) (abuse of authority) instead of Section 3(g), R.A. 3019, and Section 60(d), R.A. 7160, violating due process?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)