Preventive Suspension of Local Elective Officials Cannot Exceed 60 Days for a Single Case

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TLDR; This case clarifies that while the Sandiganbayan has the power to suspend public officials charged with corruption, the Local Government Code limits any single preventive suspension of local elective officials to a maximum of 60 days, regardless of the duration specified by the Sandiganbayan.

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G.R. No. 129913, September 26, 1997

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Introduction

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Imagine a local mayor, dedicated to serving their community, suddenly facing suspension from office due to corruption charges. The impact on the community can be significant, disrupting local governance and raising questions about due process. This scenario highlights the complexities surrounding the preventive suspension of local elective officials, a power balanced by legal safeguards to protect both the public interest and the rights of the accused.

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In the case of Dindo C. Rios v. The Second Division of the Sandiganbayan, the Supreme Court addressed the extent and limitations of the Sandiganbayan’s power to suspend local elective officials charged with corruption, particularly in relation to the Local Government Code. The central legal question revolved around whether the Sandiganbayan could impose a preventive suspension exceeding the 60-day limit set by the Local Government Code.

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Legal Context

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The case hinges on two key legal provisions: Section 13 of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) and Section 63(b) of the Local Government Code. Section 13 of R.A. No. 3019 mandates the suspension of any incumbent public officer facing criminal prosecution under a valid information for offenses like corruption or fraud against the government.

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The relevant portion of R.A. 3019 states:

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“Sec. 13. Suspension and loss of benefits. – Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7, Book II of the Revised Penal Code or for any offense involving fraud upon government or public funds or property, whether as a simple or as a complex offense and in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office.”

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However, this power is not without limitations. Section 63(b) of the Local Government Code provides a crucial safeguard, stating:

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“SEC. 63 (b). Preventive suspension may be imposed at any time after the issues are joined, when the evidence of guilt is strong, and given the gravity of the offense, there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence; Provided, That, any single preventive suspension of local elective officials shall not extend beyond sixty (60) days…