Monday, August 26, 2024

Preventive suspension




"Petitioner Yabut urges that his preventive suspension of 82 days should be credited to the penalty of 2-month suspension imposed on him. A preventive suspension decreed by the Ombudsman by virtue of his authority under Section 21 of Republic Act No. 6770, in relation to Section 9 of Administrative Order No. 07, is not meant to be a penalty but a means taken to insure the proper and impartial conduct of an investigation. We have ruled, in a number of times before, that a preventive suspension may be ordered even before the charges are heard, as well as before the official concerned is given an opportunity to prove his innocence, being merely a measure that is precisely designed in order not to hamper the normal course of an investigation through the use of influence and authority.8"


Case:

G.R. No. 111304 June 17, 1994

NEMESIO ARTURO S. YABUT and RICARDO M. TAMARGO, petitioners,
vs.
OFFICE OF THE OMBUDSMAN and DR. PAUL DORAN, respondents.

Balane, Tamase, Alampay Law Office for petitioners.

Quasha, Asperilla, Ancheta, Peña and Nolaso for Dr. Paul Doran.

R E S O L U T I O N
VITUG, J.:

https://lawphil.net/judjuris/juri1994/jun1994/gr_111304_1994.html