[go: up one dir, main page]
Scribd
Upload
196 views1 page

Bayot vs. Sandiganbayan: Estafa Case Ruling

Bayot was accused of over 100 counts of estafa through falsification of public documents related to his work as a government auditor. He was elected mayor in 1980 while charges were pending. In 1982, the law was amended to allow suspension of public officers facing such charges. The court found no issue with applying the amended law, as suspension is not a penalty and the accused would be reinstated if acquitted. The court also held the suspension applied to any current office, not just the one related to the charges.

Uploaded by

Pilyang Sweet
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
196 views1 page

Bayot vs. Sandiganbayan: Estafa Case Ruling

Bayot was accused of over 100 counts of estafa through falsification of public documents related to his work as a government auditor. He was elected mayor in 1980 while charges were pending. In 1982, the law was amended to allow suspension of public officers facing such charges. The court found no issue with applying the amended law, as suspension is not a penalty and the accused would be reinstated if acquitted. The court also held the suspension applied to any current office, not just the one related to the charges.

Uploaded by

Pilyang Sweet
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

BAYOT VS.

SANDIGANBAYAN
[128 SCRA 383; NO.L-61776 TO NO.L-61861; 23 MAR 1984]
Facts: Bayot is one of the several persons who was accused in more than 100 counts of estafa thru
falsification of Public documents before the Sandiganbayan. The said charges started from his alleged
involvement as a government auditor of the commission on audit assigned to the Ministry
ofeducation and culture, with some other employees from the said ministry.The bureau of treasury and the
teachers camp in Baguio City for the preparation and encashment of fictitious TCAA checks for the nomexistent obligations of the teachers camp resulting in damage to the government of several millions. The
1st 32 cases were filed on july 25, 1987, while Bayot ran for municipal mayor of Amadeo Cavite and was
elected on January 1980. but on May 1980 Sandiganbayan promulgated a decision convicting the accused
together with his other co-accused in all but one of the thirty two cases filed against them.
On

Mach

16,

1982

Batas

Pambansa

Blg

195

was

passed

amending

RA

3019.

Issue: Whether or Not it would be violative of the constitutional guarantee against an ex post facto law.
Held: The court finds no merit in the petitioners contention that RA 3019 as amended by Batas
Pambansa Blg 195, which includes the crime of estafa through falsification of Public Documents as
among crimes subjecting the public officer charged therewith with suspension from public office
pending action in court, is a penal provision which violates the constitutional prohibition against the
enactment of ex post facto law. Accdg to the RPC suspension from employment and public office during
trial shall not be considered as a penalty. It is not a penalty because it is not a result of a judicial
proceeding. In fact, if acquitted the official who is suspended shall be entitled to reinstatement and the
salaries and benefits which he failed to receive during suspension. And does not violate the constitutional
provision
against
ex
post
facto
law.
The claim of the petitioner that he cannot be suspended because he is currently occupying a position
diffren tfrom that under which he is charged is untenable. The amendatory provision clearly states that
any incumbent public officer against whom any criminal prosecution under a valid information under RA
3019 for any offense involving fraud upon the government or public funds or property or whatever stage
of execution and mode of participation shall be suspended from office. The use of the word office
applies to any office which the officer charged may be holding and not only the particular office under
which he was charged.

You might also like