G.R. No. 23523. November 18, 1967
THE PROVINCIAL BOARD OF ZAMBOANGA DEL NORTE, PETITIONER, VS. DOROTEO DE GUZMAN, CFI JUDGE, ZAMBOANGA DEL NORTE, AND ROBERTO P. POCULAN, MAYOR OF RIZAL, ZAMBOANGA DEL NORTE, RESP…
ANGELES, J.:
Petition for writ of certiorari to review and set aside the
decision of the Court of First Instance of Zamboanga
del Norte, in Civil Case No. 1435, for injunction.
The record shows that on March
7, 1963, Guadalupe C. Adaza, then
Provincial Governor of Zamboanga del
Norte, instituted Administrative Case No. 3 against Roberto P. Poculan who was then
serving on his first term of
office as municipal mayor of Rizal, Zamboanga del Norte, charging the latter with abuse of authority, oppression and maladministration. Basis for the charge was an incident that took place on February 23, 1963, during
which, allegedly, the mayor, “with grave abuse of authority and taking
advantage of his position, with intent to oppress, did then and there, wilfully, illegally, and feloniously, assault, maul and
attack with the use of his fist and a home-made gun, locally known as ‘paliuntod’, one ANTONIO ARAPOC,” inflicting upon him
physical injuries which caused his death two days later.[1]
On the same day, Governor Adaza issued
Executive Order No. 1, ordering the suspension from office of Mayor Poculan for thirty days, pursuant to sections 2188-2189 of
the Revised Administrative Code. After
the lapse of said period of suspension, however, the mayor was reinstated.
At the close of Mayor Poculan’s term of
office, the administrative case against him was still pending, the Provincial
Board having failed to act upon it to its finality.
Then came the 1963 local elections. Poculan was
reelected mayor of the municipality
of Rizal. Felipe Azcuna was
elected governor, replacing Adaza, and there was also
a change in the composition of the Provincial Board.
The new members of the Provincial Board proceeded to investigate
the administrative case against Poculan, and on
February 14, 1964, rendered decision and passed Resolution No. 42-A, ordering
his suspension for a period of two years.
The decision was appealed by the Mayor to the President on March 6 of
that year. On March 13, the Provincial
Governor issued Executive Order No. 7 implementing Resolution No. 42-A,
designating the Vice Mayor to act as Mayor of Rizal. On the same day also, the governor directed
the commander of the Philippine Constabulary unit detailed in the province to
serve his order upon the suspended Mayor.
Meanwhile, Mayor Poculan had filed with
the Court of First Instance of Zamboanga del Norte an
action for Prohibition, later amended, for Certiorari and Mandamus, with
Preliminary Mandatory and Prohibitory Injunction, to restrain the Provincial
Board from enforcing
its resolution. The petition, however, was dismissed on the ground, among
others, that it was not the proper remedy.
Whereupon, Mayor Poculan filed the
present action for Injunction, praying once more that the Provincial Board be restrained from enforcing its order of suspension. As prayed for, a preliminary injunction writ
was issued at the commencement of the proceedings. The case was submitted for decision on the
pleadings. On July 3, 1964, the court,
finding the petition to be meritorious, rendered judgment declaring null and
void the Board‘s resolution suspending the Mayor, on
the principle that his reelection had purged him of the administrative charges
filed against him during his first term of office. Motion for reconsideration of the decision
having been denied, the Provincial Board filed the instant petition.
The issue raised in this appeal is whether or not the Provincial
Board of Zamboanga del Norte may proceed with the
administrative investigation of reelected mayor Roberto P. Poculan
for misconduct, allegedly committed by
the latter during his prior term of office.
Pursuant to Section 2188 of the Revised Administrative Code,
municipal officers may be dealt with administratively for “neglect of
duty, oppression, corruption, or other form of maladministration of office, and conviction by final judgment
of any crime involving moral turpitude.” It will be noted that, for crimes
involving moral turpitude, the law requires, not only a judgment of conviction, but, also, that the same be final.
Considering that the alleged illegal killing of Antonio Arapoc by respondent Poculan is
not essentially connected with the performance of the official duties of the
latter, it is clear, therefore, that the Provincial Board of Zamboanga cannot administratively proceed against him until
after a judgment of conviction shall have been rendered by a court of justice
and said judgment has become final and executory. Petitioner herein does not claim and the
records do not show that there is such a final judgment against respondent Poculan.
It is true that the administrative charge against him alleges
“grave abuse of authority” and “intent to oppress”; but,
these averments refer to the conditions under which the crime imputed to Poculan has allegedly been committed. They are part and parcel of the commission
of said offense, and, as such, should be passed upon in the corresponding
criminal case. In fact, they may, if
established, affect the imposable penalty.
As a consequence, the administrative proceeding based upon said
“abuse” and “intent” must, like the proceeding for the
offense itself, be deferred until after the rendition of final judgment in the
criminal case.
There is no merit in petitioner’s contention that the court a quo
should have declined to pass upon the decision of the provincial board in view
of the appeal of said decision to the office of the President which is still
pending – in other words, that the mayor failed to exhaust all administrative
remedies before bringing his case to court.
The principle of exhaustion of administrative remedies does not
necessarily apply in cases where
the question in dispute is
purely a legal one and nothing of an administrative nature is to be or can be
done,[2]
or where circumstances are such that said remedies would be completely futile
and meaningless.[3]
As adverted to above, the act of the Provincial Board in taking cognizance of
and resolving Administrative Case No. 3 is unjustified.
Accordingly, the decision of the lower court is hereby
affirmed, and the petition for certiorari, denied. No costs at this instance
Concepcion, C.J., Dizon,
Makalintal, Bengzon, Zaldivar, Sanchez, Castro, and
Fernando, JJ., concur.
[1] For
the same incident, an information (Criminal Case No. 3726) for murder was filed
with the Court of First Instance of Zamboanga del
Norte, against Mayor Poculan, on March 8, 1963
[2] 73 C.J.S. 354, cited in Pascual v. Provincial Board of Neva Ecija, G.R. No. L-11959, Oct. 31, 1959.
[3] 73 C.J.S. 359.