Supreme Court decision · Administrative Law
Lapid v. Court of Appeals
G.R. No. 142261 · Promulgated April 5, 2000
In brief
This case is about the premature execution of an Ombudsman decision suspending a governor for one year and the subsequent order to reinstate the petitioner pending appeal resolution.
Ombudsman, Administrative Case, Suspension, Governor, Reinstatement
Related cases
- A.M. No. P-96-1211 Bulado v. Tiu (Previous decision in Administrative Law)
- A.M. No. P-99-1337 La'O & Co. v. Hatab (Next decision in Administrative Law)
Full text
THIRD DIVISION
[ G.R. No. 142261, April 05, 2000 ]
GOVERNOR MANUEL M. LAPID, PETITIONER, VS. HONORABLE COURT OF APPEALS, OFFICE OF THE OMBUDSMAN, NATIONAL BUREAU OF INVESTIGATION, FACT-FINDING INTELLIGENCE BUREAU (FFIB) OF THE OFFICE OF THE OMBUDSMAN, DEPARTMENT OF INTERIOR & LOCAL GOVERNMENT, RESPONDENTS.
R E S O L U T I O N
From the pleadings filed by the parties and after oral argument held on April 5, 2000, the petitioner represented by Atty. Augusto G. Panlilio, the respondent Ombudsman represented by its Chief Legal Counsel, and the National Bureau of Investigation and the Department of Interior and Local Government represented by the Solicitor-General, and after due deliberation, the Court finds that the respondents failed to establish the existence of a law mandating the immediate execution of a decision of the Ombudsman in an administrative case where the penalty imposed is suspension for one year. The immediate implementation of the decision of the Ombudsman against petitioner is thus premature.
WHEREFORE, the respondents are ordered to reinstate effective immediately the petitioner to the position of Governor of the Province of Pampanga. This case is hereby remanded to the Court of Appeals for resolution of the appeal in CA-GR. SP No. 56744 on the merits. Said court is hereby directed to resolve the same with utmost deliberate dispatch.
This is without prejudice to the promulgation of an extended decision.
SO ORDERED.
Melo, (Chairman), Vitug, Panganiban, Purisima, and Gonzaga-Reyes, JJ., concur.
WHEREFORE, the respondents are ordered to reinstate effective immediately the petitioner to the position of Governor of the Province of Pampanga. This case is hereby remanded to the Court of Appeals for resolution of the appeal in CA-GR. SP No. 56744 on the merits. Said court is hereby directed to resolve the same with utmost deliberate dispatch.
This is without prejudice to the promulgation of an extended decision.
SO ORDERED.
Melo, (Chairman), Vitug, Panganiban, Purisima, and Gonzaga-Reyes, JJ., concur.