G.R. No. L-20822 December 23, 1964
DIONISIO A. SARANDI, petitioner, vs. CORAZON ESPINO, Acting Provincial Governor of Nueva Vizcaya; THE PROVINCIAL BOARD OF NUEVA VIZCAYA; THE MUNICIPAL TREASURER OF MADDELA, NUEVA VIZCAYA and ACTING MAYOR JOSE MEDINA OF MADDELA, NUEVA VIZCAYA, respondents.

FACTS

Petitioner Dionisio A. Sarandi was the elected Municipal Mayor of Maddela, Nueva Vizcaya, re-elected in 1959. In March 1962, the Provincial Governor urged him to affiliate with the Liberal Party, which he refused. On July 6, 1962, the Provincial Governor suspended him from office based on a verified complaint by Andres Agduyen charging oppression, abuse of authority, gross misconduct, and maladministration. The suspension order was served on July 9, 1962, and on the same date, the Governor filed an administrative complaint with the Provincial Board reproducing Agduyen’s charges. The Provincial Board gave due course to the complaint on July 9, 1962, and set it for hearing on July 26, 1962. On July 26, petitioner moved to postpone the hearing because he had not yet engaged counsel, which was granted. On September 14, 1962, petitioner filed a motion to set the case for hearing, but the Board did not act. On September 27, 1962, petitioner tried to assume office but was prevented, and his salary was withheld. He moved for reinstatement on October 11, 1962, invoking Section 2189 of the Revised Administrative Code, which limits preventive suspension to thirty days, and appealed to the President, but to no avail. He filed the present action on January 30, 1963. Meanwhile, the Provincial Board’s membership was depleted: the Vice-Governor was on leave, one member resigned, and another filed a certificate of candidacy. Corazon Espino was appointed Acting Provincial Governor. On March 4, 1963, petitioner was notified of a hearing set for March 11 and 12, 1963. Due to difficult travel and lack of communication with his counsel in Manila, petitioner arrived late and moved for postponement, which was denied. The Board, then composed only of Acting Governor Espino and the Provincial Treasurer designated to sit, proceeded with the hearing, found petitioner guilty on March 12, 1963, and suspended him from July 9, 1962, to December 31, 1963, with forfeiture of emoluments. Petitioner’s term expired on December 31, 1963.

ISSUE

Whether petitioner is entitled to reinstatement and recovery of salary, emoluments, and privileges from the date his preventive suspension exceeded thirty days, considering the nullity of the subsequent administrative proceedings.

RULING

Yes. Petitioner is entitled to recover his salary and emoluments from September 28, 1962, to December 31, 1963. Under Section 2189 of the Revised Administrative Code, preventive suspension shall not exceed thirty days. At expiration, the suspended officer shall be reinstated without prejudice to the continuation of proceedings, unless delay is due to the accused’s fault. Here, petitioner’s suspension began on July 9, 1962. The delay from July 26 to September 14, 1962, was due to his request for postponement, which is excluded. The thirty-day period thus ran from September 14 and expired on September 27, 1962. He was entitled to reinstatement on September 28, 1962. The Provincial Board’s failure to hear the case due to depleted membership does not affect this statutory right. The Board’s decision of March 12, 1963, is null and void for lack of quorum, as only two members were present, contrary to the requirement of three for a quorum under Section 5 of Republic Act No. 2264. Furthermore, the denial of petitioner’s reasonable request for postponement deprived him of due process. Although his term has expired, making reinstatement moot, the action is not academic regarding his right to recover salary and emoluments for the period he was unlawfully deprived of office. Respondents are ordered to pay petitioner his salary and emoluments from September 28, 1962, to December 31, 1963.