FACTS
The petitioner, Bienvenido Ebarle, is the then provincial Governor of Zamboanga
del Sur and a candidate for election for the same position. He has been charged
for the violation of certain provisions of the Anti-Graft and Corrupt Practices
Act. RA No. 3019, and various provisions of the Revised Penal Code by the
herein respondents. The petitioner claims on his defense that the respondents
failed to comply with the provisions of EO N.O. 264, “Outlining the Procedure
by Which Complainants Charging Government Officials and Employees with
Commission of Irregularities Should Be Guided”, prior to their criminal
recourses.
ISSUE
Whether or not the provisions of EO No. 264 are applicable to the respondents.
HELD
No, EO No. 264 has exclusive application to administrative, not criminal
complaints. The title speaks of “commission of irregularities”. There is no
mention, not even by implication, of criminal offenses, that is to say, crimes.
Even though crimes amount to irregularities, the aforesaid Order could have
very well referred to the more specific term, had it intended to make itself
applicable thereto.
Comments
Post a Comment