Malanyaon v. Lising

Full Text: http://www.chanrobles.com/cralaw/1981julydecisions.php?id=19

Facts:

Mayor Pontanal was charged with violation of RA 3019 (Anti-Graft and Corrupt Practices Act). He was suspended from office but he died during his incumbency, and while the case was pending. The case was dismissed due to his death. Petitioner sought the payment of the Mayor's salary during his period of suspension pursuant to Section 13 of RA 3019 which provides - should a public officer be convicted by final judgement he shall lose all retirement or gravity benefits under any law, but if he is acquitted he shall be entitled to reinstatement and to the salaries and benefits to which he failed to receive during his suspension. Malanyaon was a member of the Sangguniang Bayan of Bula, Camarines Sur. He filed an action to declare illegal the disbursement made by Goleta as Municipal Treasurer to the widow of Mayor Pontanal a portion of the salary of the late Mayor as such Mayor of such municipality during the period of his suspension from August 16, 1977 up to November 28, 1979. However, Judge Lising dismissed the action on the ground that the criminal case against Mayor Pontanal due to his death amounted to acquittal.


Issue:
Whether or not the dismissal of the case due to the death of the accused constitutes acquittal.


Held:
No. It is obvious that the statute speaks of the suspended officer being "acquitted". It means that after due hearing and consideration of the evidence against him the court is of the opinion that his guilt has not been proved beyond reasonable doubt. Dismissal of the case against the suspended officer will not suffice because dismissal does not amount to acquittal.