JOSE C. MIRANDA vs. HON. SANDIGANBAYAN
G.R. NO. 154098. July 27, 2005.
Good Faith - - Code of Conduct and Ethical Standards
for Public Officials and Employees
FACTS:
The Ombudsman placed petitioner Jose C. Miranda then the mayor of
Santiago City, Isabela, under preventive suspension for six months from
25 July 1997 to 25 January 1998 for alleged violations of Republic Act
No. 6713, otherwise known as the Code of Conduct and Ethical Standards
for Public Officials and Employees. Subsequently, then Vice Mayor
Amelita S. Navarro filed a Complaint with the Office of the Ombudsman.
Vice Mayor Navarro contended that Mayor Miranda committed the felony of
usurpation of authority or official functions. Mayor Miranda asserted
that he reassumed office on the advice of his lawyer and in good faith.
He also averred that, on the day he reassumed office, he received a
memorandum from DILG Undersecretary Manuel Sanchez instructing him to
vacate his office and he immediately complied with the same. Notably,
Mayor Miranda’s counter-affidavit also stated that he left the mayoralty
post after “coercion” by the Philippine National Police.
ISSUE:
Whether or not good faith may be invoked by the petitioner.
HELD:
The court is not a bit persuaded by the posture of the petitioner that
he reassumed office under an honest belief that he was no longer under
preventive suspension. Petitioner’s pretense cannot stand scrutiny.
Petitioner’s own affidavit states.Petitioner’s excuse for violating the
order of preventive suspension is too flimsy to merit even a
side-glance. He alleged that he merely followed the advice of his
lawyer. If petitioner and his counsel had an iota of respect for the
rule of law, they should have assailed the validity of the order of
suspension in court instead of taking the law into their own hands.