Crespo v Provincial Board of Nueva Ecija; G.R. No. L-33237; 15 Apr 1988; 160 SCRA 66

in Legal Chyme by

Petitioner Gregorio Crespo was the elected Municipal Mayor of Cabiao, Nueva Ecija in the local elections of 1967. An administrative complaint was filed against him by private respondent Pedro Wycoco for harassment, abuse of authority and oppression. Public respondent Provincial Board of Nueva Ecija heard the said administrative case without notifying the petitioner or his counsel and, on the basis of the evidence presented by private respondent, passed a resolution preventively suspending petitioner from his office as municipal mayor.

Whether or not the preventive suspension issued by the Provincial Board is arbitrary and violated the fundamental principle of due process.

YES. Petitioner was denied due process by respondent Provincial Board. Undoubtedly, the order of preventive suspension was issued without giving the petitioner a chance to be heard. In the proceedings held on 15 February 1971, nothing therein can be gathered that, in issuing the assailed order, the written explanation submitted by petitioner was taken into account. The assailed order was issued mainly on the basis of the evidence presented ex parte by respondent Wycoco.

Petition is DISMISSED for being MOOT and ACADEMIC.

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