AGUINALDO vs. SANTOS, G.R. No. 94115, August 21, 1992 Pertinent provision of the Local Government Code: Section 60 – Grounds for Disciplinary Actions In this petition for certiorari and prohibition with preliminary mandatory injunction and/or restraining order, petitioner Rodolfo E. Aguinaldo assails the decision of respondent Secretary of Local Government dated March 19,1990 in Adm. Case No. P- 10437-89 dismissing him as Governor of Cagayan. Facts: Petitioner was the duly elected Governor of the province of Cagayan, having been elected to said position duringthe local elections held on January 17, 1988, to serve a term of four (4) years therefrom. On December 7, 1989, a sworn complaint for disloyalty to the Republic and culpable violation of the Constitution was filed by Veronico Agatep, ManuelMamba and Orlino Agatep, respectively the mayors of the municipalities of Gattaran, Tuao and Lasam, all in Cagayan,against petitioner for acts the latter committed during the coup. Petitioner was required to file a verified answer to thecomplaint. In his letter, petitioner denied being privy to the planning of the coup or actively participating in itsexecution, though he admitted that he was sympathetic to the cause of the rebel soldiers. Respondent Secretary considered petitioner's reply letter as his answer to the complaint of Mayor Veronico Agatep andothers. On the basis thereof, respondent Secretary suspended petitioner from office for sixty (60) days from
AGUINALDO vs. SANTOS, G.R. No. 94115, August 21, 1992Pertinent
provision o t!e Lo"#$ Govern%ent &o'e( Se"tion
)*GroundsforDisciplinaryActionsInthispetitionforcertiorariandprohibitionwith
preliminary mandatory injunction and/or restraining
order,petitioner
RodolfoEAguinaldoassailsthedecisionofrespondent!ecretaryof"ocal
Go#ernment dated $arch %&,%&&' in Adm (ase )o
*+%',-.+/&dismissing him as Go#ernor of (agayan
0acts1*etitioner was the duly elected Go#ernor of the pro#ince of
(agayan, ha#ing
beenelectedtosaidpositionduringthelocalelectionsheldon2anuary%.,
%&//, toser#e a termof four 3,4 years therefrom 5nDecember .,
%&/&, a sworncomplaint for disloyalty to the Republic and
culpable #iolation of the (onstitutionwas filed by 6eronico Agatep,
$anuel$amba and 5rlino Agatep, respecti#ely themayors of the
municipalities of Gattaran, 7uao and "asam, all in
(agayan,againstpetitioner for acts the latter committed during the
coup *etitioner was
re8uiredtofilea#erifiedanswertothecomplaintInhisletter,
petitionerdeniedbeingpri#y to the planning of the coup or acti#ely
participating in itse9ecution, thoughhe admitted that he was
sympathetic to the cause of the rebel
soldiersRespondent!ecretaryconsideredpetitioner:sreplyletterashisanswertothecomplaint
of $ayor 6eronico Agatep andothers 5n the basis thereof,
respondent!ecretary suspended petitioner from office for si9ty 3;'4
days fromnotice,pending the outcome of the formal in#estigation
into the charges againsthim During the hearing conducted on
thecharges against petitioner,complainants presentedtestimonial
anddocumentary e#idence topro#e thecharges*etitioner neither
presented e#idence nor e#en cross+e9amined thecomplainant:s
witnesses, choosing insteadtomo#ethat respondent !ecretaryinhibit
himself fromdecidingthecase, whichmotionwasdenied
7hereafter,respondent !ecretary rendered the 8uestioned decision
finding petitioner guiltyaschargedandorderinghisremo#al
fromoffice
