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His opponent filed a petition for disqualification on

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Unformatted text preview: ed waiver of security of tenure (Palmera v. Civil Service Commission, G.R. No. 110168, Aug.4, 1994). Q: What is the nature of preventive suspension? A: Preventive suspension is not a penalty by itself; it is merely a measure of precaution so that the employee who is charged may be separated from the scene of his alleged misfeasance while the same is being investigated, to prevent him from using his position or office to influence prospective witnesses or tamper with the records which may be vital in the prosecution of the case against him. (Beja v. CA, G.R. No. 91749, Mar. 31, 1992) It can be ordered even without a hearing because this is only preliminary step in an administrative investigation. (Alonzo v. Capulong, et al., G.R. No. 110590, May 10, 1995) The lifespan of preventive suspension is limited to 90 days after which the respondent must be automatically reinstated provided that when the delay is due to the fault, negligence or petition of the respondent, such period of delay shall not be counted. (Sec. 42, P.D. No. 807) Note: When a public officer is charged with violation of the Anti‐Graft and Corrupt Practices Act or R. A No. 3019, a pre‐suspension hearing is required solely to determine the applicability of such law and for the accused be given a fair and adequate opportunity to challenge the validity of the criminal proceedings against him. This may be done through various pleadings. (Torres v. Garchitorena, G.R. No. 153666, Dec. 27, 2002) Q: What are the periods for preventive suspension? Under what law are they imposable? A: 1. For administrative cases: a. Civil Service Law – 90 days b. Local Government Code (R.A. 7160) – i. Sec.85: 60 days for appointive officials 128 ii. Sec. 63: 60 or 90 days for elective officials Ombudsman Act – 6 months 2. c. For criminal cases: Anti‐Graft and Corrupt Practices Act (R.A. 3019) – 90 days by analogy Q. What are the distinctions between preventive suspension pending investigation and pending appeal? A: PENDING...
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