G.R. NO. 170810 - AZUCENA B. DON, JOSEPH DETERA, NENITA B. GRESOLA, LETICIA L. ESPENILLA, EDITH G. DETOITO, JULNA D. JAYCO, ROGER ARIARTE, CALVIN DEL VALLE, AND ERLYN RAMIREZ, VS. RAMON H. LACSA AS ERSTWHILE PUNONG BARANGAY OF BACOLOD, JUBAN, SORSOGON.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly nullified the mayor's executive order. Thus the trial court ruled: x x x x [Respondent] is entitled to be informed and have a copy of the decision rendered by the Sangguniang Bayan of Juban, Sorsogon pursuant to Section 66 of R.A. 7160, for him to seek the remedies afforded by law, if he so desires. x x x [He] received Executive Order No. 8 and attached thereto is Sangguniang Bayan Resolution No. 12-2005, on the same day, March 8, 2005. It appears that the . . . Sangguniang Bayan furnished [him] with a copy of the said resolution not to afford him his remedies on appeal in violation of Section 66 7160, but to execute said resolution hastily . . . in utmost disregard of [his] constitutional right to due process. Pursuant to Section 67 of R.A. 7160, [he] has thirty (30) days from receipt of the said resolution to file an appeal. [He] was not afforded the opportunity to elevate Resolution No. 12-2005 on appeal. x x x x Considering the foregoing findings . . . the municipal mayor gravely abused her discretion, amounting to lack of jurisdiction in issuing and executing Executive Order No. 8 . . . x x x x [10] (Underscoring supplied) The trial court thus disposed: Wherefore, premises considered, this court grants the petition for certiorari and orders the following: The annulment and setting aside of Executive Order No. 8 dated March 8, 2005 issued by the Municipal Mayor; The reinstatement of . . . Ramon H. Lacsa to his position as Punong Barangay of Bacolod, Juban, Sorsogon; The payment to the said petitioner of the emoluments/allowances accruing to him from the time of removal from office up to the time of reinstatement thereat; Directing the Sangguniang Bayan of Juban, Sorsogon to serve anew the petitioner with a copy of the Decision/Resolution No. 12-2005 and from receipt of which the petitioner shall enjoy his right to appeal such decision to the Sangguniang Panlalawigan pursuant to Section [6] 7 of R.A. 7160. With costs against the respondents Sangguniang Bayan Members and Municipal Mayor. SO ORDERED.