GREGORIO T. CRESPO, in His Cp!i"# s $#or o% C&io, N'() E!i*, petitioner, vs. PRO+INCIAL ,OAR- O. N/E+A ECI0A n1 PE-RO T. 23COCO, respondents. Bernardo P. Abesamis for petitioner. Cecilio F. Wycoco for respondents.
PA-ILIA, J.: Petitioner was the elected Municipal Mayor of Caiao, Nueva Eci!a, in the local elections of "#$%. On &' (anuary "#%", an ad)inistrative co)plaint was filed a*ainst hi) y private respondent, Pedro +. ,ycoco for harass)ent, ause of authority and oppression. 1 -s re.uired, petitioner filed a written e/planation as to why he should not e dealt with ad)inistrdatively, with the Provincial 0oard of Nueve Eci!a, in accordance with Section ', 1epulic -ct No. '"2'. 2 On "' 3eruary "#%", without notifyin* petitioner or his counsel, pulic respondent Provincial 0oard conducted a hearin* of the aforecited ad)inistrative case. Durin* the hearin*, private respondent Pedro +. ,ycoco was allowed to present evidence, testi)onial and docu)entary, ex parte, and on the asis of the evidence presented, the respondent Provincial 0oard passed 1esolution No. '" preventively suspendin* petitioner fro) his office as )unicipal )ayor of Caiao, Nueva Eci!a. 3 In this petition for certiorari, prohiition and in!unction with prayer for preli)inary in!unction, petitioner see4s to annul and set aside 1esolution No. '" of pulic respondent Provincial 0oard, preventively suspendin* hi) fro) office and to en!oin pulic respondent fro) enforcin* and5or i)ple)entin* the order of preventive suspension and fro) proceedin* further with the ad)inistrative case. -ccordin* to petitioner, the order of preventive suspension e)odied in 1esolution No. '" issued y the Provincial 0oard is aritrary, hi*h6handed, atrocious, shoc4in* and *rossly violative of Section ' of 1epulic -ct No. '"2' which re.uires a hearin* and investi*ation of the truth or falsity of char*es efore preventive suspension is allowed. In issuin* the order of preventive suspension, the respondent Provincial 0oard, petitioner adds, has *rossly violated the funda)ental and ele)entary principles of due process. 4 On 7 May "#%", this Court issued a preli)inary in!unction. 5 ,e a*ree with the petitioner that he was denied due process y respondent Provincial 0oard. In Callanta vs. Carnation Philippines, Inc. 5 this Court held8 It is a principle in -)erican !urisprudence which, undoutedly, is well6reco*ni9ed in this !urisdiction that one:s e)ploy)ent, profession, trade or callin* is a ;property ri*ht,; and the wron*ful interference therewith is an actionale wron*. +he ri*ht is considered to e property within the protection of a constitutional *uaranty of due process of law. 7 <ndoutedly, the order of preventive suspension was issued without *ivin* the petitioner a chance to e heard. +o controvert the clai) of petitioner that he was not fully notified of the scheduled hearin*, respondent Provincial 0oard, in its Me)orandu), contends that ;-tty. 0ernardo M. -esa)is, counsel for the petitioner )ayor )ade 4nown y a re.uest in writin*, sent to the Secretary of the Provincial 0oard his desire to e *iven opportunity to ar*ue the e/planation of the said petitioner )ayor at the usual ti)e of the respondent 0oard:s )eetin*, ut unfortunately, inspire of the ti)e allowed for the counsel for the petitioner )ayor to appear as re.uested y hi), he failed to appeal.; 8 +he contention of the Provincial 0oard cannot stand alone in the asence of proof or evidence to support it. Moreover, in the proceedin*s held on "' 3eruary "#%", nothin* therein can e *athered that, in issuin* the assailed order, the written e/planation su)itted y petitioner was ta4en into account. +he assailed order was issued )ainly on the asis of the evidence presented ex parte y respondent ,ycoco. In Azul vs. Castro, 9 this Court said8 3ro) the earliest inception of instutional *overn)ent in our country, the concepts of notice and hearin* have een funda)ental. - fair and enli*htened syste) of !ustice would e i)possile without the ri*ht to notice and to e oard. +he e)phasis on sustantive due process and other recent ra)ifications of the due process clause so)eti)es leads ench and ar to overloo4 or for*et that due process was initially concerned with fair procedure. Every law student early learns in law school definition su)itted y counsel Mr. ,ester in rustees of !artmouth Colle"e v. Wood#ard => ,heat. '"2? that due process is the e.uivalent of law of the land which )eans ;+he *eneral law@ a law which hears efore it conde)ns, which proceedin* upon in.uiry and renders !ud*)ent only after trial ... that every citi9en shall hold his life, lierty, property, and i))unities under the protection of the *eneral rules which *overn society. - sportin* opportunity to e heard and the rendition of !ud*)ent only after a lawful hearin* y a coldly neutral and i)partial !ud*e are essential ele)ents of procedural due process. ,e had occasion to e)phasi9e in $antia"o v. $antos =$7 SC1- 7#&?, which, unli4e the case efore us now, was only a su))ary action for e!ect)ent that8 In an adversary proceedin*, fairness and prudence dictate that a !ud*)ent, ased only on plaintiffs evidence adduced ex parte and rendered without hearin* defendant:s evidence, should e avoided as )uch as possile. In order that ias )ay not e i)puted to the !ud*e, he should have the patience and circu)spection to *ive the opposin* party a chance to present his evidence even if he thin4s that the oppositor:s proof )i*ht not e ade.uate to overthrow the case for the plaintiff. - display of petulance and i)patience in the conduct of the trial is a nor) of conduct which is inconsistent with the ;cold neutrality of an i)partial !ud*e;. 16 +he petition, however, has eco)e )oot and acade)ic. 1ecords do not show that in the last local elections held on "2 (anuary "#22, petitioner was elected to any pulic office. ,AE1E3O1E, the petition is DISMISSED. +he preli)inary in!unction issued y this Court on 7 May "#%" is BI3+ED. No costs. SO O1DE1ED. %ap, &elencio'(errera, Paras and $armiento, ))., concur.
.oo"no"(s " -nne/ 1ollo, pp. ""6"&. & -nne/ 0, 1ollo, pp. "%6"#. 7 -nne/ E, 1ollo, pp. &767&. > Petition, pp. 76'. ' 1ollo, p. $%. $ ">' SC1- &$2. % Ibid, pp. &%26&%#. 2 Me)orandu) for the 1espondent Provincial 0oard, p. >. # "77 SC1- &%". "C Ibid., p. &%$.