The Quasi-Judicial Function of the

Sangguniang Panlalawigan

Just recently a preventive suspension order was serve to several local officials of
the province of Zamboanga del Sur. Some of them followed and respected the suspension
order and there are others who did not respect it rather continue to hold office and
perform the duties of his office in spite of the suspension.

Atty. Mayus Ryan Ando, Legal Officer of the Sangguiniang Panlalawigan of

Zamboanga del Sur, in an interview, said that there are local officials who are not afraid
to defy a preventive suspension order of the Governor as if it is not a serious matter and
yet be apprehensive when it comes to the suspension and/or preventive suspension order
coming from the Ombudsman. Atty. Ando explained that the power of the Governor to
preventively suspend an elected local official has the same heft to that of the Ombudsman.

Under the Local Government Code it was stated that, to wit:

Section 63. Preventive Suspension. (a) Preventive Suspension may

be imposed.

1. By the President, if the respondent is an elective official of a

province, a highly urbanized or an independent component
city;
2. By the Governor, if the respondent is an elective official of
a component city or municipal; or
3. By the mayor, if the respondent is an elective official of the
barangay.

(b) Preventive suspension may be imposed at any time after the

issues are joined, when the evidence of guilt is strong, and given the gravity
of the offense, there is great probability that the continuance in office of the
respondent could influence the witnesses or pose a threat to the safety and
integrity of the records and other evidence: Provided, That, any single
preventive suspension of local elective officials shall not extend beyond sixty
 (60) days: Provided, further, That in the event that several administrative
cases are filed against an elective official, he cannot be preventively
suspended for more than ninety (90) days within a single year on the same
ground or grounds existing and known at the time of the first suspension.

(c) Upon expiration of the preventive suspension, the suspended

elective official shall be deemed reinstated in office without prejudice to the
continuation of the proceedings against him, which shall be terminated
within one hundred twenty (120) days from the time he was formally
notified of the case against him. However, if the delay in the proceedings of
the case is due to his fault, neglect, or request, other than the appeal duly
filed, the duration of such delay shall not be counted in computing the time
of termination of the case.

It is plain that the provision was only meant as a cap on the

discretionary power of the President, governor and mayor to impose
excessively long preventive suspensions. The Ombudsman is not mentioned
in the said provision and was not meant to be governed thereby. Indeed, the
reason is not hard to distill. The President, governor and mayor are political
personages. As such, the possibility of extraneous factors influencing their
decision to impose preventive suspensions is not remote. The Ombudsman,
on the other hand, is not subject to political pressure given the
independence of the office which is protected by no less than the
Constitution. (Rios v. Sandiganbayan)

In a decision on a decided case, it was stated there that, in Toto;

xxx The provincial governor, in receiving an investigating complaints against such

officers, may take three courses. For a minor delinquency he may reprimand the offender;
but if the maladministration in office is more serious he may temporarily suspend the
officer, and thereafter may file written charges against the officer with the provincial
board.xxx
 Atty. Ando also added that the Sangguniang Panlalawigan in hearing a complaint
against an elected local official that would led to his or her preventive suspension is a
quasi-judicial function of the office.

Quasi-judicial function refers to their power to hear and decide administrative

cases against elective local officials. Extensively, quasi-judicial refers to the discretion of
officers who are required to investigate facts, or ascertain the existence of facts and draw
conclusions from them as basis for their official action and to exercise discretion of a
judicial nature.

All levels of the Sanggunian, except the sangguniang barangay, which exercises
only legislative functions, are invested with dual functions, namely: As a legislative body;
and As a quasi-judicial body.

Atty. Ando clarified that the Sangguniang Panlalawigan will only entertain verified
complaint. Verified Complaint refers to a verified written statement under oath by a
person who has personal knowledge of the facts complained of therein, alleging the
complainants cause of action against any elective official and shall include the names and
addresses of the parties to the case.