GR 100874; (February, 1992) (Digest)
G.R. No. 100874 February 13, 1992
GOVERNOR BENJAMIN I. ESPIRITU, petitioner, vs. NELSON B. MELGAR and HON. JUDGE MARCIANO T. VIROLA, respondents.
FACTS
On April 11, 1991, a sworn complaint was filed with the Department of Interior and Local Government and the Provincial Governor of Oriental Mindoro, petitioner Benjamin Espiritu, charging Municipal Mayor Nelson Melgar of Naujan with grave misconduct, oppression, and abuse of authority. The complaint alleged that Mayor Melgar assaulted a citizen, Ramir Garing, and ordered his unlawful detention. An identical complaint was forwarded to Governor Espiritu, prompting the Sangguniang Panlalawigan to docket it as an administrative case. After evaluating the complaint, the mayor’s answer, and supporting affidavits, the Sangguniang Panlalawigan passed a resolution recommending the mayor’s preventive suspension. Acting on this, Governor Espiritu issued an order on May 28, 1991, placing Mayor Melgar under a 45-day preventive suspension.
ISSUE
Whether the Regional Trial Court has jurisdiction to enjoin the provincial governor’s order of preventive suspension against a municipal mayor pending administrative investigation.
RULING
The Supreme Court ruled that the Regional Trial Court had no jurisdiction over the case. The legal logic is anchored on the doctrine of exhaustion of administrative remedies and the principle of separation of powers. Preventive suspension is a preventive, not punitive, measure intended to ensure an unhampered investigation. The authority to impose it is vested by law in the disciplining officer—in this case, the provincial governor over a municipal mayor. The Court emphasized that the officer invested with the power of suspension is the sole judge of the necessity for such action, barring a flagrant abuse of discretion. Mayor Melgar’s direct recourse to the RTC via a petition for certiorari was premature; he should have first sought relief from the Secretary of the DILG, the next higher administrative authority. By intervening, the RTC judge gravely abused his discretion. Consequently, the Court annulled the writ of preliminary injunction issued by the RTC and dismissed the special civil action. However, as the 60-day suspension period had effectively been served due to a temporary restraining order from the Supreme Court, Mayor Melgar was deemed reinstated without prejudice to the continuation of the administrative proceedings.