AGUEDO F. AGBAYANI, AS PROVINCIAL GOVERNOR OF PANGASINAN, THE PROVINCIAL COMPLAINTS COMMITTEE AND MANUEL F. MANUEL, CHAIRMAN, PETITIONERS, VS. JUDGE ROMEO D. MAGAT OF THE COURT …

This case is about the suspension by Governor Aguedo F. Agbayani of
Victoriano M. Sevilleja as provincial engineer of Pangasinan.

On October 1, 1976, Governor Agbayani filed with the Provincial
Complaints Committee a complaint against Sevilleja for alleged
disobedience, grave misconduct, dishonesty and grave insubordination.
Three days later, the governor suspended Sevilleja for a period of
ninety days.

On October 6, 1976, Sevilleja filed an action for certiorari, prohibition and mandamus wherein
he assailed the order of suspension. The petition was dismissed in this
Court’s resolution of May 17, 1977 in L-44735, Sevilleja vs. Agbayani.

On November 17, 1976, Sevilleja filed in the Court of First Instance of
Pangasinan (Civil Case No. 15284) a petition for prohibition against the
Provincial Complaints Committee and its chairman, Manuel F. Manuel, to
restrain the administrative investigation. Governor Agbayani was later
included as respondent.

On May 17, 1977, Judge Romeo D. Magat issued a preliminary mandatory
injunction ordering the reinstatement of Sevilleja. That order was
assailed by Governor Agbayani in the herein certiorari and prohibition case which he and Manuel’s committee filed on May 24, 1977.

After the submission of comments, this Court in its resolution of November 27, 1978 dismissed the petition
for lack of interest of Agbayani and Manuel and lifted its restraining
order enjoining the enforcement of Judge Magat’s order of May 17, 1977
for Sevilleja’s reinstatement.

However, upon motion for reconsideration by Agbayani and Manuel, said
resolution was reconsidered and the case was set for oral argument. The
parties were granted sixty days to submit a compromise agreement. No
compromise was reached.

On August 26, 1981, the Sandiganbayan rendered a decision acquitting on
the ground of reasonable doubt Sevilleja and one Leonardo Abule of
attempted estafa. Sevilleja contends that said acquittal rendered this
case and the administrative case moot and academic because the charge in
the Sandiganbayan was predicated on the same averments alleged in the
administrative case which involves Sevilleja’s alleged purchase of 24
bailey panels of inferior quality for use in the renovation of the
Braganza bridge.

After a conscientious study of the record, we hold that Governor Agbayani and Manuel have no cause of action for certiorari
and prohibition. Judge Magat acted within his jurisdiction and did not
act with grave abuse of discretion in issuing the restraining order of
May 17, 1977.

WHEREFORE, the petition is dismissed. The restraining order of May 27, 1977 is lifted. Costs against the petitioners.

SO ORDERED.

Concepcion, Jr., Escolin, and Cuevas, JJ., concur.

Gutierrez, Jr., J., was designated to sit in the Second Division.

Makasiar, (Chairman), Guerrero, and Abad Santos, JJ., no part.