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G.R. Nos. L-54645-76 – 213 Phil. 344 – 128 SCRA 383 – Criminal Law – Book 2 – Crimes Committed By Public Officers – RA 3019 – Preventive Suspension Not a Penalty
Reynaldo Bayot was an auditor for the Commission on Audit. He was allegedly involved in certain anomalous transactions while serving as such hence in 1978, he was charged with 32 cases of Estafa thru Falsification of Public Documents before the Sandiganbayan.
In 1980, he won as the mayor of Amadeo, Cavite.
In 1982, while serving as mayor and while his estafa cases were pending Batas Pambansa Blg. 195 was passed which amended Republic Act No. 3019 (The Anti-Graft and Corrupt Practices Act). The amendment provided that incumbent public officers facing graft cases shall be suspended from office. Pursuant thereto, the Sandiganbayan ordered the suspension of Bayot as the mayor of Amadeo.
ISSUE: Whether or not the suspension under RA 3019 is a penalty hence an ex post facto law.
HELD: No. The preventive suspension provided in RA 3019 as amended shall not be considered as a penalty. It is not a penalty because it is not imposed as a result of judicial proceedings. In fact, if acquitted, the official concerned shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension.
