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TORRES
GR. No. 131255, May 20, 1998
FACTS:
Oscar Tinio, Vice-Governor of Nueva Ecija, filed with the Office of the President a
letter-complaint charging Eduardo Joson, Governor, with grave misconduct and
abuse of authority. Tinio alleged that when they were at the session hall of the
provincial capitol for a session with the Sangguniang Panlalawigan (SP), Joson
belligerently barged in and kicked the doors and chairs of the in the hall and
uttered threatening words at them due to the refusal of the SP to approve a loan
proposed by Joson. Tinio prayed for the suspension and removal of Joson.
The President instructed the DIL to take investigative actions. The DILG required
the parties to submit their position papers. Joson prayed that a formal
investigation of this case be conducted pursuant to the LGC and Admin Order
No. 23. The DILG denied his request declaring that the submission of position
papers substantially complies with the requirements of procedural due process in
administrative proceedings. Joson was thereafter suspended from office.
ISSUE:
WON Joson as Governor of Nueva Ecija was validly suspended from office?
RULING:
No. Joson’s suspension was made without formal investigation. The rejection of
his right to a formal investigation denied him procedural due process.
An erring elective local official has rights akin to the constitutional rights of an
accused. These rights are essentially part of procedural due process.The local
elective official has the (1) right to appear and defend himself in person or by
counsel; (2) the right to confront and cross-examine the witnesses against him;
and (3) the right to compulsory attendance of witness and the production of
documentary evidence. These rights are reiterated in the Rules Implementing the
LGC and in A.O. No. 23.Well to note, petitioner formally claimed his right to a
formal investigation
Petitioner's right to a formal investigation was not satisfied when the complaint
against him was decided on the basis of position papers. There is nothing in the
LGC and in A.O. No. 23 that provide that administrative cases against elective
local officials can be decided on position papers. A.O. No. 23 does not authorize
the Investigating Authority to dispense with a hearing in cases involving
allegations of fact which are not only in contrast but contradictory to each other.
These contradictions are best settled by allowing the examination and cross-
examination of witnesses.