Saturday, March 23, 2019

[CASE SUMMARY] DINDO C. RIOS vs. THE SECOND DIVISION OF THE SANDIGANBAYAN, THE PEOPLE OF THE PHILIPPINES, THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT, and THE PROVINCIAL GOVERNOR OF ROMBLON (G.R. No. 129913)


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.