September 26, 1997
Ponente: Romero, J.
SUMMARY:
Mayor Rios of San Fernando, Romblon was charged with
violation of R.A. No. 3019 for the disposition of confiscated tanguile lumber
without prior approval from the DENR and Sangguniang Bayan. He alleged that the
mere fact that he exceeded his authority in the exercise of his functions did
not constitute a violation of the said law. He also posited the defense that
the proceeds of the sale of the subject lumber went to the Municipal
Government, so much so that there could not have possibly been any injury
against the Government. During the course of the proceedings, the Sandiganbayan
ordered the suspension of Rios for 90 days. The SC held that the order of
suspension was proper, but modified its duration to 60 days only.
DOCTRINES:
The good of the service and the degree of morality which
every official and employee in the public service must observe, if respect and
confidence are to be maintained by the Government in the enforcement of the
law, demand that no untoward conduct on his part, affecting morality, integrity
and efficiency while holding office should be left without proper and
commensurate sanction, all attendant circumstances taken into account.
The court trying a case has neither discretion nor duty to
determine whether preventive suspension is required to prevent the accused from
using his office to intimidate witnesses or frustrate his prosecution or
continue committing malfeasance in office. This is based on the presumption
that unless the public officer is suspended, he may frustrate his prosecution
or commit further acts of malfeasance or both.
See full digest HERE.