Case Summary (G.R. No. 170626)
Procedural Posture and Relief Sought
Petition for Review on Certiorari under Rule 45 of the Rules of Court seeking reversal of the Bayombong RTC orders dated 20 October 2005 and 30 November 2005 in Special Civil Action No. 6727. The RTC had declared void the Sangguniang Bayan’s decision removing Punong Barangay Martinez and Mayor Bagasao’s implementing memorandum; petition challenges those RTC rulings.
Administrative Charges and Amended Complaint
On 5 November 2004, the Sangguniang Barangay filed a verified administrative complaint against Martinez for Dishonesty and Graft and Corruption before the Sangguniang Bayan pursuant to Section 61 of the Local Government Code. An Amended Administrative Complaint was filed on 6 December 2004 adding charges of Dishonesty, Misconduct in Office and Violation of the Anti-Graft and Corrupt Practices Act.
Allegations Against Punong Barangay Martinez
Allegations included: failure to remit income from the solid waste management project (specifically sale of compost-derived fertilizer) since 2001; failure to remit proceeds from sale of recyclable materials collected during garbage collection; unauthorized use of the barangay garbage truck for private hauling without evident income entries; use of barangay funds for truck repairs and operating expenses instead of utilizing truck-collected fees; unliquidated travel expenses for a 2003 seminar which Martinez allegedly did not attend despite receiving an advance; and repeated refusals to discuss these issues during Sangguniang sessions.
Administrative Proceedings, Default and Preventive Suspension
Martinez failed to file an Answer to the Amended Administrative Complaint and was declared in default by the Sangguniang Bayan. He was placed under preventive suspension for 60 days, effective until 8 August 2005.
Sangguniang Bayan Decision and Mayor’s Interim Action
On 28 July 2005, the Sangguniang Bayan rendered a Decision imposing the penalty of removal from office on Martinez. The Decision was forwarded to Municipal Mayor Severino Bagasao for implementation. On 3 August 2005, Mayor Bagasao issued a Memorandum stating that the Sangguniang Bayan was not empowered to order Martinez’s removal but that the Decision remained valid until reversed; he ordered an indefinite suspension of Martinez pending appeal period and directed Jose Cenen Santos to assume as Acting Punong Barangay pursuant to Sections 67 and 68 of R.A. No. 7160.
Petition for Certiorari and RTC Rulings
Martinez filed Special Civil Action for Certiorari with prayer for TRO and preliminary injunction in the RTC (docketed Special Civil Action No. 6727). On 20 October 2005 the trial court issued an Order declaring the Sangguniang Bayan’s Decision and Mayor Bagasao’s Memorandum void, holding that the proper courts—and not the Sangguniang Bayan—have power to remove an elective local official under Section 60 of the Local Government Code. The court also ruled Martinez properly invoked certiorari because the assailed order was a patent nullity. A Motion for Reconsideration filed by petitioner was denied in an Order dated 30 November 2005.
Mootness and Justiciability Considerations
Although Martinez’s term expired following the synchronized Barangay and SK elections on 29 October 2007, the Supreme Court proceeded to resolve the legal question because it was capable of repetition yet evading review. The Court nonetheless addressed the merits.
Statutory Framework: Sections 60, 61 and 67, Local Government Code
Section 60 of the Local Government Code enumerates grounds for disciplinary actions and expressly provides that “An elective local official may be removed from office on the grounds enumerated above by order of the proper court.” Section 61 prescribes filing venues for administrative complaints against elective officials (barangay officials’ complaints filed before the sangguniang panlungsod or sangguniang bayan, whose decision shall be final and executory). Section 67 establishes administrative appeal routes (e.g., sangguniang panlalawigan for decisions of component city sanggunian and sangguniang bayan).
Legislative History and Intent
Senate deliberations during the framing of the Local Government Code reflect an intent to confine removal of elective local officials to the courts (regional trial courts, Sandiganbayan or appellate courts). The legislative discussion contemplated use of the term “proper court” to capture jurisdictional allocation to courts rather than political disciplining authorities.
Precedent Interpreting Disciplinary Authority: Salalima and Pablico
Jurisprudence cited includes Salalima v. Guingona, Jr., where the Court invalidated a rule granting disciplining authorities the power to remove elected officials, holding the power to remove elected officials is exclusively vested in the proper courts per Section 60. Pablico v. Villapando reiterated that disciplining authorities may not exercise removal power and that Article 125(b) (or analogous provisions) of the implementing rules that vested removal power in disciplining authorities were void as repugnant to Section 60.
Separation of Powers and Rationale for Judicial Exclusivity
The Court emphasized that conferring removal power to local legislative bodies would risk partisan or capricious removals that would frustrate the electorate’s will; v
...continue readingCase Syllabus (G.R. No. 170626)
Case Citation and Procedural Posture
- Reported at 571 Phil. 122; decided by the Third Division of the Supreme Court on March 3, 2008 (G.R. No. 170626).
- The matter is a Petition for Review on Certiorari under Rule 45 of the Rules of Court.
- The petition assails the Regional Trial Court (RTC), Branch 27, of Bayombong, Nueva Vizcaya Orders dated 20 October 2005 and 30 November 2005 in Special Civil Action No. 6727.
- The RTC Orders declared void the Sangguniang Bayan decision removing respondent Punong Barangay Severino Martinez and the Memorandum of Municipal Mayor Severino Bagasao and denied the Sangguniang Barangay’s Motion for Reconsideration.
Parties
- Petitioners: The Sangguniang Barangay of Barangay Don Mariano Marcos, Municipality of Bayombong, Province of Nueva Viscaya, represented by Barangay Kagawad Jose Cenen Santos, Mario Bacud, Walter Francisco, Rosita Sebastian, Laureta Cabauatan, Cecilia Alindayu, and Mely Simangan — the legislative body of the barangay.
- Respondent: Severino Martinez, the incumbent Punong Barangay of Barangay Don Mariano Marcos.
- Other involved official: Municipal Mayor Severino Bagasao of Bayombong, to whom the Sangguniang Bayan decision was conveyed for implementation.
Factual Background and Allegations
- On 5 November 2004, petitioners filed a verified administrative complaint against Martinez before the Sangguniang Bayan, charging Dishonesty and Graft and Corruption pursuant to Section 61 of Republic Act No. 7160 (Local Government Code).
- An Amended Administrative Complaint was filed on 6 December 2004 adding charges of Dishonesty, Misconduct in Office and Violation of the Anti-Graft and Corrupt Practices Act.
- Specific allegations included:
- Failure to submit and fully remit to the Barangay Treasurer income from the solid waste management project since 2001, specifically proceeds from the sale of fertilizer derived from composting.
- Failure to submit/remit proceeds from the sale of recyclable materials collected from garbage.
- Use of the barangay garbage truck for other purposes such as hauling sand and gravel for private persons, with no income from such use appearing in year-end reports.
- Use of barangay funds for repair, gasoline, lubricants, wheels and spare parts of the garbage truck instead of using income generated by the truck from garbage fees.
- Unliquidated traveling expenses for a Seminar/Lakbay-Aral in 2003: respondent allegedly took a cash advance but did not attend the seminar and was seen in the barangay on the seminar dates.
- Repeated attempts to discuss these issues in sessions were allegedly frustrated because respondent declined to discuss and would adjourn sessions.
Administrative Proceedings before the Sangguniang Bayan
- Martinez failed to file an Answer to the Amended Administrative Complaint dated 6 December 2004 and was declared in default by the Sangguniang Bayan.
- Pending the administrative proceedings, Martinez was placed under preventive suspension for 60 days or until 8 August 2005.
- On 28 July 2005, the Sangguniang Bayan rendered a Decision imposing the penalty of removal from office upon Martinez.
Municipal Mayor’s Memorandum and Immediate Consequences
- The Sangguniang Bayan’s Decision of 28 July 2005 was conveyed to Municipal Mayor Severino Bagasao for implementation.
- On 3 August 2005, Mayor Bagasao issued a Memorandum stating that the Sangguniang Bayan was not empowered to order Martinez’s removal from service but that the Decision remained valid until reversed and must be executed; he ordered Martinez’s indefinite suspension for the meantime because the period of appeal had not yet lapsed.
- The dispositive portion of Mayor Bagasao’s Memorandum directed that, effective August 8, 2005:
- Respondent Severino D. Martinez was directed not to assume and discharge the functions of the office of the Punong Barangay of Barangay Don Mariano Marcos, Bayombong, Nueva Vizcaya; and
- Complainant Jose Cenen Santos was to continue assuming and discharging the functions of said office in acting capacity pursuant to Sections 67 and 68 of Republic Act No. 7160.
Petition to the Regional Trial Court
- On 26 August 2005, Martinez filed a Special Civil Action for Certiorari with a prayer for Temporary Restraining Order and Preliminary Injunction before the RTC, assailing the validity of the Sangguniang Bayan Decision dated 28 July 2005.
- The case was docketed as Special Civil Action No. 6727, initially heard by Branch 28 and later raffled to Branch 27.
RTC Orders and Reasoning
- On 20 October 2005, the RTC issued an Order declaring the Decision of the Sangguniang Bayan and the Mayor’s Memorandum void.
- The RTC held that the proper courts, not the Sangguniang Bayan, are empowered to remove an elective local official from office under Section 60 of the Local Government Code; hence, the Sangguniang Bayan’s removal order was void.
- As a consequence, Mayor Bagasao could not prevent Martinez from assuming office based on a void order.
- The RTC further ruled that Martinez properly availed himself of the remedy of Special Civil Action because the order assailed was a patent nullity.
- On 10 November 2005, petitioners filed a Motion for Reconsideration of the RTC Order; the motion was denied in an Order dated 30 November 2005.
Justiciability and Mootness
- Martinez’s term as Punong Barangay expired upon the holding of the 29 October 2007 synchronized Barangay and Sangguniang Kabataan elections, which might render the petition moot and aca