Bayot v Sandiganbayan; G.R. Nos. L-61776-861; 23 Mar 1984; 128 SCRA 383

FACTS:
While petitioner and several of his co-accused were appealing their conviction for multiple counts of estafa, Batas Pambansa Blg. 195 was passed amending, among others, Section 13 of Republic Act No. 3019. Said amendatory law imposes suspension pendent lite of any public officer accused of offenses involving fraudulent use of public funds.

ISSUE(S):
Whether or not Section 13 of RA 3019, as amended, violates the constitutional prohibition against the enactment of ex post facto law.

RULING:
NO. Suspension from the employment or public office during the trial or in order to institute proceedings is not a penalty because it is not imposed as a result of judicial proceedings but is merely a preventive measure before final judgment.

Petition for certiorari is DISMISSED.

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Category: Legal Chyme

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