Posted by: Elmer Brabante | October 1, 2009

Don vs. Lacsa


AZUCENA B. DON vs. RAMON H. LACSA

G.R. No. 170810

August 07, 2007

FACTS:
A complaint was filed in the Sangguniang Bayan of Juban, Sorsogon for grave threats, oppression, grave misconduct and abuse of authority against Ramon Lacsa, Punong Barangay of Bacolod, Juban, Sorsogon. A special investigation committee, created to investigate the case, found sufficient evidence for the preventive suspension of respondent.  Accordingly, a resolution was passed recommending his preventive suspension.  Acting on the recommendation, the Mayor slapped a two-month preventive suspension against respondent.

On Mar. 07, 2005, the Sangguniang Bayan passed a resolution removing respondent from office. The Mayor issued an executive order implementing the resolution to remove respondent. Twenty one days after receiving the order, Ramon Lacsa filed a petition for certiorari with the RTC of Sorsogon.

ISSUE:   Whether or not the petition for certiorari is the proper recourse.

HELD:  NO. Respondent should have filed an appeal with the proper body pursuant to Sec. 67 of the Local Government Code. The conditions that would afford respondent to file a petition for certiorari under Rule 65 of the Rules of Court as he did file one before the RTC – that a tribunal, board, or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law – are not here present.

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