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ANUNCIO C. BUSTILLO v. SANDIGANBAYAN

FACTS:

The petitioner, Anuncio C. Bustillo, along with his daughter Rowena Bustillo, were charged with falsification of official documents in the Sandiganbayan. The Information alleged that the accused, while serving as the Municipal Mayor of Bunawan, Agusan del Sur, willfully and unlawfully made it appear in official documents that municipal funds amounting to P30,000.00 were used to purchase lumber from Estigoy Lumber, when in fact, the lumber was purchased from Rowena Woodcraft, a single proprietorship owned by Rowena Bustillo. The accused sought to quash the Information, but the motion was denied by the Sandiganbayan. They pleaded not guilty and trial commenced. After the prosecution rested its case, the prosecution moved for petitioner's suspension from office pending the proceedings. The Sandiganbayan granted the motion and ordered the suspension of the petitioner for 90 days. The petitioner filed a motion for reconsideration, but it was denied by the Sandiganbayan. Hence, the petitioner filed a petition for certiorari before the Supreme Court.

ISSUES:

  1. Whether the Information filed against the accused is valid.

  2. Whether petitioner's suspension from office pendente lite finds basis in Section 13 of RA 3019.

RULING:

  1. The Sandiganbayan held that the Information filed against the accused is valid. It stated that the accused is being charged or indicted for a fraud involving public or government funds, and that there is no dispute as to the validity of the information. Thus, the court found it mandatory to issue the suspension order.

  2. The Sandiganbayan ruled that petitioner's suspension from office pendente lite is based on Section 13 of RA 3019. It held that upon determination of the validity of the information, it becomes mandatory for the court to issue the suspension order in consonance with the law.

PRINCIPLES:

  • Upon determination of the validity of the information, it is mandatory for the court to issue a suspension order under Section 13 of RA 3019.

  • The court may suspend a public official from office pendente lite based on the charges filed against him, particularly if it involves fraud or misuse of public funds.