GR No 178000 and 178003

Liberato Carabeo vs Court of Appeals

GR No 178000 and 178003           December 4, 2009

Facts:

       Carabeo, then OIC of the Office of Treasurer of Paranaque City, was charged with committing acts in violation of RA No 3019. It was found that his net worth based on his SALNs from the time he commenced employment at the Paranaque Treasurer’s Office has ballooned extraordinarily. It was also noticeable that his net worth’s drastic increase was evidenced by the steady accumulation of various expensive properties ranging from real properties to vehicles to club shares ownership. However, Carabeo did not declare most of the vehicles owned in his SALNs as evidenced by the records in LTO.

            The Office of the Ombudsman Preliminary Investigation and Administrative Adjudication Bureau-Acting Director Dacanay directed Secretary Teves to place Carabeo under preventive suspension without pay. Carabeo filed a petition for certiorari. CA then issued a 60-day TRO enjoining the enforcement of Carabeo’s preventive suspension. Meanwhile, Secretary Teves issued an order directing the detail of Carabeo in the BLGF-CO. The same was assailed by Carabeo to CA but it was denied.

            Hence, the petition before the SC.

Issue:

            WON Carabeo be held guilty of the crime charged against him.

Held:

            SC dismissed the petition. The validity of the executive order issued is immaterial to the validity of the charges against Carabeo. It was also held that the preventive suspension order was legal. Settles is the rule that prior notice and hearing are not required in the issuance of a preventive suspension order, such not being a penalty but only a preliminary step in an administrative investigation.

        The Court also found that Carabeo has not disclosed assets in his SALN. As such, Carabeo’s non-disclosure of assets in his SALN constitutes a violation of RA No 3019, among others.

          As to the purpose of SALN, Section 8 of RA No 3019 speaks of unlawful acquisition of wealth, the evil sought to be suppressed and avoided, and Section 7, which mandates full disclosure of wealth in the SALN, is a means of preventing said evil and is aimed particularly at curtailing and minimizing, the opportunities for official corruption and maintain a standard f honesty in the public service. By the SALN, the public are able to monitor movement in the fortune of a public official; it is a valid check and balance mechanism to verify undisclosed properties and wealth.

          Significantly, Carabeo failed to show any requirement under RA No 3019 that prior notice of the non-completion of the SALN and its correction precede the filing of charges for violation of its provisions.