Pimentel v.

Garchitorena

FACTS:
Petitioners Mariano J. Pimentel, provincial governor of Quirino province, Lilia L. Salun-at,
the provincial secretary, and Edgardo Merjudio, the private secretary of the Governor,
were suspended by the Sandiganbayan for 4 counts of Falsification of Public
Documents and Violation of Section 3(h) of the Anti-Graft and Corrupt Practices Act.

ISSUE:
Whether or not the suspension of the petitioners are valid

HELD:
Yes. The purpose of the suspension order is to prevent the accused from using his
position and the powers and prerogatives of his office to influence potential witnesses
or tamper with records which may be vital in the prosecution of the case against him.

However, such suspension may not exceed the maximum period of 90 days as fixed in
Section 42 of P.D. No. 807. Since the petitioners were suspended from their positions on
April 15, 1991, their suspension has already exceeded the maximum limit of 90 days,
hence, it should now be lifted.

The prayer to lift the said suspension of the petitioners was granted.