Case Summary (G.R. No. 160949)
Background and Allegations
The petitioners were accused of conspiring to release payment amounting to ₱99,987.77 to Alexander Siddayao for the supposed improvement of the Main Health Center in Malibcong, Abra, despite Siddayao not being the legitimate contractor for the project. Their actions purportedly resulted in non-payment to laborers involved in the project, thus causing undue injury. Upon their arraignment, all pleaded not guilty.
Motion for Preventive Suspension
On April 30, 1999, the prosecution filed a motion to suspend the petitioners from their positions pending trial, citing Section 13 of Republic Act No. 3019. Following a pre-suspension hearing on July 6, 1999, the Sandiganbayan ordered a 90-day preventive suspension based on findings from the preliminary investigation that acknowledged valid information charges against the petitioners for violations related to public funds.
Contentions of the Petitioners
The petitioners challenged the Sandiganbayan's resolution, arguing that since they had resigned from their positions prior to their suspension—Dr. Beroaa becoming the Municipal Mayor of Pilar, and the others moving to different professional roles—the mandatory suspension under Section 13 did not apply. They contended that they were not “incumbent” in the offices they held when the alleged wrongdoing occurred.
Court's Evaluation of the Arguments
The Court held that the petitioners' arguments lacked merit, reaffirming earlier jurisprudence which clarified that the term "incumbent public officer" in Section 13 applies broadly to any public office currently held, not strictly to the specific position linked to the alleged offense. Citing prior cases, the Court maintained that preventive suspension is applicable irrespective of subsequent employment positions held by the accused.
Purpose and Nature of Preventive Suspension
The Court emphasized that preventive suspension serves multiple purposes: it prevents the accused from tampering with evidence or intimidating witnesses, and it upholds the principle that public office is a public trust. The mandatory
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The Case
- This case involves a petition for certiorari and prohibition filed by the petitioners seeking to annul the Resolutions dated September 8, 1999, and February 4, 2000, issued by the Fifth Division of the Sandiganbayan in Criminal Case No. 23521.
- The first Resolution ordered the preventive suspension of the petitioners from office pending trial, while the second Resolution denied their motion for reconsideration of the first.
Antecedents
- The petitioners were public officers in the Provincial Health Office of Bangued, Abra, with specific designations: Dr. Demetrio BeroAa (Provincial Health Officer II), Dr. Romulo Gaerlan (Provincial Health Officer I), Aurie Viado-Adriano (Resident Auditor), and Vida Labios (Accountant).
- They were charged, along with three others, for violating Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), related to the unauthorized release of funds amounting to P99,987.77 for a project without a legitimate contractor, resulting in injury to laborers involved.
- Upon arraignment, all accused pleaded not guilty, prompting the prosecution to file an Amended Motion to Suspend the Accused Pendente Lite on April 30, 1999.
The Sandiganbayan's First Resolution
- Following a pre-suspension hearing on July 6, 1999, the Sandiganbayan determined that preventive suspension was