Scribd
Upload
16 views1 page

Libanan vs Sandiganbayan: Suspension Ruling

Petitioner Libanan, the vice-governor of Eastern Samar, was charged with conspiring to prevent a qualified replacement from joining the Sangguniang Panlalawigan. The Sandiganbayan suspended Libanan and other members for 90 days. Libanan argued the suspension could no longer apply since he was now vice-governor. However, the Supreme Court ruled that the term "office" in the relevant law applies to any current office, not just the one related to the charge. It affirmed the Sandiganbayan's decision, dismissing the petition on grounds that public office is not private property protected under due process.

Uploaded by

amado espejo
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
16 views1 page

Libanan vs Sandiganbayan: Suspension Ruling

Petitioner Libanan, the vice-governor of Eastern Samar, was charged with conspiring to prevent a qualified replacement from joining the Sangguniang Panlalawigan. The Sandiganbayan suspended Libanan and other members for 90 days. Libanan argued the suspension could no longer apply since he was now vice-governor. However, the Supreme Court ruled that the term "office" in the relevant law applies to any current office, not just the one related to the charge. It affirmed the Sandiganbayan's decision, dismissing the petition on grounds that public office is not private property protected under due process.

Uploaded by

amado espejo
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

LIBANAN vs SANDIGANBAYAN

G.R. 112386 JUNE 14, 1994

FACTS:

Petitioner Libanan is the incumbent vice-governor of Eastern Samar and was a former member
of the Sangguniang Panlalawigan prior to the 1992 elections. He was charged in conspiring to
other members to prevent and exclude Docena (Respondent), a qualified replacement of a
deceased member, from exercising his rights and prerogatives as a member of the said body. In
effect, the SANDIGANBAYAN issued a resolution suspending their respective public position
and office for ninety (90) days. Petitioner contends that the order of suspension, being predicated
on his acts supposedly committed while still a member of the Sangguniang Bayan, can no longer
attach to him now that he is the duly elected and incumbent Vice-Governor of Eastern Samar.

ISSUES:

Whether or not the Order of Suspension given by the SANDIGANBAYAN is valid?

HELD:

Yes. The Court ruled that the term "office" used in the law could apply to any office which the
officer charged might currently be holding and not necessarily the particular office under which
he was charged. The suspension order cannot amount to a deprivation of property without due
process of law. Public office is "a public agency or trust,"and it is not the property envisioned by
the Constitutional provision which petitioner invokes.

Hence, SC dismissed the petition. SANDIGANBAYAN’s decision is affirmed.

You might also like