G.R. No. 129913 September 26, 1997
DINDO C. RIOS, petitioner, vs. THE SECOND DIVISION OF THE SANDIGANBAYAN, et al., respondents.

FACTS

Petitioner Dindo C. Rios, the incumbent Mayor of San Fernando, Romblon, was charged before the Sandiganbayan with violation of Section 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act). The information alleged that on or about May 16, 1994, he willfully caused the disposition of 1,319 pieces of confiscated lumber without proper authority, causing undue injury to the Government. Before arraignment, Rios filed a motion to quash the information, arguing lack of probable cause. The Sandiganbayan denied this motion.
After his arraignment where he pleaded not guilty, the Office of the Special Prosecutor filed a motion to suspend him pendente lite. The Sandiganbayan granted the motion in a Resolution dated March 24, 1997, ordering Rios suspended from his position as Mayor for ninety (90) days. His motion for reconsideration was denied, prompting this petition for certiorari.

ISSUE

The primary issues are: (1) whether the Sandiganbayan committed grave abuse of discretion in ruling that the facts charged constitute a violation of R.A. No. 3019 , warranting suspension pendente lite; and (2) whether it committed grave abuse of discretion in imposing a 90-day suspension period.

RULING

The petition is partly meritorious. On the first issue, the Court found no grave abuse of discretion. The Sandiganbayan correctly held that the act of disposing confiscated lumber without prior authority from the DENR and the Sangguniang Bayan, as charged, constitutes a violation of Section 3(e) of R.A. No. 3019 . The Court affirmed the Sandiganbayan’s reasoning that such an act, especially by the highest municipal official, causes undue injury to the Government by disturbing law and order and setting a reprehensible example. The claim that no injury resulted because proceeds went to the municipal coffers is untenable, as the lumber belonged to the National Government, not the municipality. The suspension pendente lite under Section 13 of R.A. No. 3019 is mandatory once a valid information is filed, and the court has no discretion to determine the necessity of suspension.
However, on the second issue, the Sandiganbayan erred in imposing a 90-day suspension. Under Section 63(b) of the Local Government Code, any single preventive suspension of a local elective official shall not extend beyond sixty (60) days. Since only a single administrative case was filed against Rios, the applicable period is 60 days, not 90. Therefore, the Sandiganbayan’s resolution is AFFIRMED but MODIFIED, reducing the suspension period to 60 days.