Case Digest: AZUCENA B. DON, et al v. RAMON H. LACSA AS ERSTWHILE PUNONG BARANGAY OF BACOLOD, JUBAN, SORSOGON 529 SCRA 327 (2007)

AZUCENA B. DON, et al v. RAMON H. LACSA AS ERSTWHILE PUNONG BARANGAY OF BACOLOD, JUBAN, SORSOGON 529 SCRA 327 (2007)

Ramon H. Lacsa, then Punong Barangay of Bacolod, Juban, Sorsogon was charged with grave threats, oppression, grave misconduct, and abuse of authority by Azucena B. Don, et al. A Special Investigating Committee (SIC) was created by the Sangguniang Bayan (SB) to investigate. A resolution was passed by the SB for the preventive suspension of Lacsa. The mayor, acting on such resolution, imposed a two-month preventive suspension. The SIC subsequently submitted its report finding the allegations to be true. On the basis of such report, the SB issued another resolution providing therein the removal of Lacsa from office. The mayor thereafter appointed Florencio H. Lacsa to replace Ramon H. Lacsa. Consequently, Lacsa filed before the Regional Trial Court of Sorsogon a Petition for Certiorari with application for Temporary Restraining Order and/or Writ of Preliminary Injunction against Don, et al, along with the Sangguniang Bayan and Mayor Ma. Theresa Guab-Frugata.

ISSUE:

Whether or not Lacsa has the right to appeal despite the ―final and executory phrase provided for by the Local Government Code.

HELD:

An appeal shall not prevent a decision from being final and executory. Lacsa shall be considered as having been placed under preventive suspension during the pendency of an appeal in the event that he wins such appeal. In the event that the appeal results in exoneration, he shall be paid his salary and other such emoluments during the pendency of the appeal. Obviously, the said Code does not preclude the taking of an appeal. On the contrary, it specifically allows a party to appeal to the Office of the President. The [phrase] ―final and executory in Sections 67 and 68, respectively, of the Local Government Code, are not, as erroneously ruled by the trial court, indicative of the appropriate mode of relief from the decision of the Sanggunian concerned. These phrases simply mean that the administrative appeals will not prevent the enforcement of the decisions. The decision is immediately executory but the respondent may nevertheless appeal the adverse decision to the Office of the President or to the Sangguniang Panlalawigan, as the case may be.