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Domingo N. Sarcos vs. Recaredo Castillo

DOMINGO N. SARCOS, as Mayor of Barobo, Surigao del Sur, petitioner, vs. HON. RECAREDO CASTILLO, as Provincial Governor of Surigao del Sur, and THE HON. PROVINCIAL BOARD OF SURIGAO DEL SUR, respondents.

G.R. No. L-29755 | 1969-01-31

D E C I S I O N 


FERNANDO, J.: 

Is the power of preventive suspension of a municipal mayor against whom charges have been filed still vested in the provincial governor? That is the novel question presented in this petition for certiorari and prohibition. Such an authority he did possess under the former law. 1 Then came the Decentralization Act of 1967, which took effect on September 12 of that year. 2 

What before could not be denied apparently no longer holds true. The statutory provision now controlling yields a contrary impression. The question must thus be answered in the negative. We hold that such a power has been...