Case Digest (G.R. No. L-29755)
Facts:
Domingo N. Sarcos v. Hon. Recaredo Castillo, G.R. No. L-29755. January 31, 1969, the Supreme Court En Banc, Fernando, J., writing for the Court.
Petitioner Domingo N. Sarcos was the duly elected Mayor of Barobo, Surigao del Sur. Respondent Recaredo Castillo, the Provincial Governor of Surigao del Sur, filed administrative charges of misconduct and dishonesty in office against petitioner, alleging that Sarcos connived with private individuals to cut, fell and sell timber within the communal forest reserve of Barobo.
Respondents admitted that on April 18, 1968 the Municipal Council of Barobo filed a sworn charge for abuse of official power against petitioner and that the Governor on May 21, 1968 ordered petitioner to explain within 72 hours. Petitioner’s explanation asserted that seized logs had been sold to raise funds for police uniforms and arms. On October 4, 1968 an administrative complaint was filed before the Provincial Board, and the Governor, asserting authority under Section 5 of the Decentralization Act of 1967 (Republic Act No. 5185), ordered the immediate preventive suspension of Mayor Sarcos and designated the Vice-Mayor as Acting Mayor.
Petitioner sought relief by filing a petition for certiorari and prohibition with the Supreme Court challenging the Governor’s authority to order preventive suspension under RA 5185. The Court framed the central question as whether the provincial governor retains under RA 5185 the power to order the preventive suspension of an elective municipal official — a power that under the former law (Section 2188, Revised Administrat...(Pro-only)
Issues:
- Whether the provincial governor has the authority to order the preventive suspension of a municipal mayor under Section 5 of Republic Act No. 5185 (Decentralization Act o...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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