G.R. No.

112386 June 14, 1994

Marcelino Libanan, petitioner

vs Sandiganbayan and Agustin Docena, respondents

Ponente: Vitug

Facts:

Libanan is the incumbent Vice Governor of Eastern Samar and was a

member of the Sangguniang Panlalawigan prior to the 1992 May
elections. He was charged and suspended for preventing and excluding
Docena, a duly appointed and qualified replacement of deceased
Panlalawigan member Capito. Libanan filed a motion for reconsideration
but denied by Sandiganbayan.

Libanan presents 3 grounds: (1) order of suspension if executed would

constitute an affront on Libanan's constitutional right to due process
(2) order of suspension once implemented would amount to assault on
the sacred covenant reposed on the Vice Governor by the people of
Samar (3) the reason sought to be prevented by the suspension order
pendente lite no longer exist.

Held:

Petition was held without merit.

(1) Suspension order cannot amount to deprivation of property without

due process of law because public office is a public agency or trust.

(2) Libanan's so-called "covenant" is far from being synonymous of

equivalent of license. He cannot used it as a defense from the law.
(3) The statute is clear and explicit, there is hardly no room for any
extended court rationalization of the law. RA No. 3019 unequivocally
mandates the suspension of a public official from office pending a
criminal prosecution against him.