Case Summary (G.R. No. L-33237)
Factual Background
Petitioner was the duly elected municipal mayor of Cabiao. On 25 January 1971 private respondent Pedro T. Wycoco filed an administrative complaint alleging harassment, abuse of authority and oppression. Petitioner submitted a written explanation as required by Section 5, Republic Act No. 5185.
Administrative Hearing by the Provincial Board
On 15 February 1971 the Provincial Board of Nueva Ecija conducted a hearing without notifying petitioner or his counsel. During that proceeding the Board allowed Wycoco to present testimonial and documentary evidence ex parte. On the basis principally of that evidence the Board adopted Resolution No. 51, preventively suspending petitioner from office.
Petition for Certiorari, Prohibition and Injunction
Petitioner filed a petition for certiorari, prohibition and injunction with a prayer for preliminary injunction seeking annulment of Resolution No. 51, a prohibition against its enforcement, and an injunction against further administrative proceedings. Petitioner alleged that the preventive suspension was arbitrary and violated the procedural requirements of Section 5, Republic Act No. 5185, and that the Board’s action denied him fundamental due process.
Preliminary Injunction
This Court granted a preliminary injunction on 3 May 1971 restraining enforcement of the suspension pending resolution of the petition. The injunction thus preserved the status quo while the Court considered the legal issues raised by petitioner.
The Provincial Board’s Claim and the Court’s Assessment
The Provincial Board asserted that petitioner’s counsel, Atty. Bernardo M. Abesamis, had requested in writing the opportunity to argue petitioner’s explanation at the Board’s usual session but failed to appear. The Court held that this assertion stood unsupported by evidence in the record. The proceedings of 15 February 1971 did not disclose that petitioner’s written explanation had been considered. The assailed suspension rested mainly on evidence presented ex parte by Wycoco.
Legal Reasoning on Due Process
The Court agreed with petitioner that procedural due process was denied. The Court reiterated the well-established principle that employment, profession or official position constitutes a property right entitled to protection under due process, citing Callanta v. Carnation Philippines, Inc., 145 SCRA 268. The Court emphasized that notice and opportunity to be heard are fundamental, citing Azul v. Castro, 133 SCRA 271, and relied on the principle that a tribunal should not render judgment based solely on one party’s evidence where the opposing party has been denied an opportunity to present his case.
Mootness and Disposition
Despi
...continue readingCase Syllabus (G.R. No. L-33237)
Parties and Procedural Posture
- GREGORIO T. CRESPO was the elected Municipal Mayor of Cabiao, Nueva Ecija in the local elections of 1967.
- PEDRO T. WYCOCO filed an administrative complaint against GREGORIO T. CRESPO on 25 January 1971 alleging harassment, abuse of authority, and oppression.
- PROVINCIAL BOARD OF NUEVA ECIJA received petitioner’s written explanation as required and thereafter conducted an administrative proceeding on 15 February 1971.
- GREGORIO T. CRESPO filed a petition for certiorari, prohibition and injunction with prayer for preliminary injunction seeking annulment of Resolution No. 51 and to enjoin enforcement of the preventive suspension.
- This Court issued a preliminary injunction on 3 May 1971 to restrain enforcement pending resolution.
Key Factual Allegations
- The administrative complaint against GREGORIO T. CRESPO charged harassment, abuse of authority, and oppression.
- Petitioner submitted a written explanation to the PROVINCIAL BOARD OF NUEVA ECIJA in accordance with Section 5, Republic Act No. 5185.
- The PROVINCIAL BOARD OF NUEVA ECIJA held a hearing on 15 February 1971 without notifying petitioner or his counsel.
- During the 15 February 1971 proceedings, PEDRO T. WYCOCO was allowed to present testimonial and documentary evidence ex parte.
- The PROVINCIAL BOARD OF NUEVA ECIJA issued Resolution No. 51 preventively suspending GREGORIO T. CRESPO from his office as Municipal Mayor.
Administrative Proceedings
- The hearing of 15 February 1971 proceeded without the presence or formal notice to GREGORIO T. CRESPO or his counsel.
- The assailed resolution was issued principally on the basis of evidence presented ex parte by PEDRO T. WYCOCO.
- The record of the proceedings does not show that the written explanation submitted by GREGORIO T. CRESPO was considered before issuance of the preventive suspension.
Petitioner's Contentions
- GREGORIO T. CRESPO contended that Resolution No. 51 was arbitrary, high-handed, atrocious, and shocking.
- GREGORIO T. CRESPO asserted that Resolution No. 51 grossly violated Section 5, Republic Act No. 5185, which requires hearing and investigation of the truth or falsity of charges before preventive suspension.
- GREGORIO T. CRESPO argued that the PROVINCIAL BOARD