G.R. No. 98340 -42 and G.R. No. 101066-68 April 10, 1992
GOVERNOR MARIANO J. PIMENTEL and LILIA L. SALUN-AT, petitioners, vs. JUSTICES FRANCIS E. GARCHITORENA, REGINO HERMOSISIMA, JR. and CIPRIANO A. DEL ROSARIO, respondents. / MARIANO J. PIMENTEL, LILIA L. SALUN-AT and EDGARDO MERJUDIO, petitioners, vs. THE SANDIGANBAYAN (First Division), SANDIGANBAYAN (Second Division) and OMBUDSMAN CONRADO M. VASQUEZ, respondents.

FACTS

Petitioners Mariano J. Pimentel (Provincial Governor of Quirino), Lilia L. Salun-at (Provincial Secretary), and Edgardo Merjudio (private secretary of the Governor) were charged before the Sandiganbayan. In SB Crim. Cases Nos. 13834-36, Pimentel and Salun-at were accused of three counts of Falsification of Public Documents for making it appear that certain resolutions (Nos. 116-A, 136, and 137) of the Sangguniang Panlalawigan were passed and approved on specific dates in 1988 when, in truth, they were not. In SB Crim. Case No. 16560, Pimentel and Merjudio were charged with Violation of Section 3(h) of the Anti-Graft and Corrupt Practices Act for the alleged illegal lease of a government building and equipment to Merjudio, Pimentel’s son-in-law, without a formal contract or a supporting resolution. Upon motion of the prosecution, the Sandiganbayan suspended the petitioners pendente lite pursuant to Section 13 of R.A. 3019 (Anti-Graft and Corrupt Practices Act). Governor Pimentel and Salun-at were suspended by an order dated April 15, 1991. Pimentel and Merjudio were suspended by another order dated August 2, 1991, for a period of ninety (90) days.

ISSUE

Whether the suspension orders issued by the Sandiganbayan against the petitioners should be lifted for having exceeded the allowable period for preventive suspension pendente lite.

RULING

The petitions are granted. The suspension orders are lifted. The Court ruled that while the suspension of Governor Pimentel and Provincial Secretary Salun-at was proper under Section 13 of R.A. 3019, as the charges involved fraud upon government or public funds, such suspension may not exceed the maximum period of ninety (90) days fixed in Section 42 of P.D. No. 807 (the Civil Service Decree). Since Pimentel and Salun-at were suspended on April 15, 1991, their suspension had already exceeded the 90-day limit by the time of the Court’s decision. Regarding the suspension of Pimentel and Merjudio in the graft case, which was fixed for 90 days from August 2, 1991, their prayer for its lifting was also deemed proper and meritorious. The purpose of the suspension is to prevent the accused from using their office to influence witnesses or tamper with records, but it must adhere to the statutory duration limit.