Libanan v Sandiganbayan; G.R. No. 112386; 14 Jun 1994; 233 SCRA 163

in Legal Chyme by

Petitioner Marcelino C, Libanan, the incumbent Vice-Governor of Eastern Samar, was a member of the Sangguniang Panlalawigan of that province prior to the 11 May 1992 elections. He was suspended from office after he was charged before the Sandiganbayan with having violated Section 3(e) of Republic Act No. 3019.

Whether or not Libanan’s suspension violated his constitutional right to due process.

NO. 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.

Petition is DISMISSED.

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