GR. No. 112386 June 14, 1994 MARCELINO C. LIBANAN, petitioner, ‘SANDIGANBAYAN and AGUSTIN B. DOCENA, respondents ‘Semaco P. Sacmar & Associates for pottioner RESOLUTION witue, J Petitioner Marcelino C. Libanan, the incumbent Vice-Governor of Eastem Samar, was a member of the Sangguniang Panislawigan) ‘of that province prior tothe 11 May 1982 electons. He was among those charged before the Sanciganbayan,on 25 May 1962, wih having voited Section (@) of Republic Act No, 3019 in an information, docketed Criminal Case No. 1736, stating — {That on or about 08 January 1981, and for sometime thereafter, in Borongan, Easter Samar, and within the juiscicton ofthis Honorable Cour, accused Lutgardo B. Barbo, Govemor of Eastern Samar; Camilo A jamenfere, Vice-Governar of same province, Sangguniang Panlalawigan Members Marcos B. Aldo, Nonato) Gerna, Ismael G. Kho, Marcelino C, Libanan, Niclas O. Pimentel, and Generoso A Yu, ofthe same rorince, conspiring wih one anther, di then and there, wily and unlawfully, through evident bad faith and manifest partatty, prevent and exclude Agustin B. Docena. a duly appotnted and Qualified replacement coos Songgenany Patacwgan arcs Lis A Capin faery hiss and pero 9 member of the said body, by promulgating i thet official capacites Sangguniang Panialawigan Rescluton No, 1, Series of 1991, wheroin accused expressed ther recognition of Ay. Socrates B. Alar asthe official replacement of aforesaid deceased member, notwithstanding the recal of his appointment by the Department of al Government, tothe damage and prejudice of Agustin 8. Decena. (CONTRARY TO LAW." ‘On motion ofthe prosecution fer the suspension of the accused public officials pendent Ite, and finding that said accused were ‘charged under 8 vali information. the Second Division ofthe Sandiganbayan Ssued a resoluiton, dated 25 July 1083, tothe {allowing ettect WHEREFORE, premises considered, accused Gov. Lutgardo Barbo. Vice-Gov. Marcelino. Libanan. and ngguniang Panlalawigan members Nonato A. Gera and Generoso A. Yu are hereby suspended from thelr Tespective public postions, or from any other pubic ofice that they may be holcing, the same to commence [pon their receipt heref and for @petod of ninety (80) days thereto. ‘Copies of this Resolution be furnished the Hon, Secretary, Department of Inirior and Local Government 1 the Hon. Comssicner, Civ Service Camvmission forthe information and guidance and they ae hereby rected to inform this Court within ten (10) days from receipt hereof of any action they have undertaken on the \SO ORDERED.” ‘Accused Barbo and Libanan fled ther respectve mations fo reconsideration, which the Sanciganbayan denied ints resolution of 30 September 1993, From the orders, Libanan appealed Ptioner presents three grounds fo support his appeal, to wit That — ‘THE ORDER OF SUSPENSION IF EXECUTED WOULD CONSTITUTE AN AFFRONT, NN PETITIONER('S) CONSTITUTIONAL RIGHT TO DUE PROCESS. THE ORDER OF SUSPENSION ONCE IMPLEMENTED WOULD AMOUNT TO AN ‘SSAULT OF THE SACRED COVENANT REPOSED ON PETITIONER VICE SOVERNOR, MARCELINO C. LIBANAN BY THE PEOPLE OF EASTERN SAMAR, THE REASONS SOUGHT TO BE PREVENTED BY THE SUSPENSION )RDER PENDENTE LITE NO LONGER EXIST.