My father is the barangay captain in one of the cities here in Metro Manila. He was charged with various administrative cases based on the same ground, and the mayor of our city decided to impose upon him three counts of 60-day suspension this year. Is this a valid action?
Please be informed that under Section 63 of Republic Act (R.A.) No.7160, also known as the Local Government Code, it is clearly stated that in case of several administrative cases filed against a barangay official, the imposable preventive suspension should not be more than 90 days within a single year, if the cases heard are based on the same ground.
Succinctly, if you say that your father is being imposed three counts of 60-day suspension for the administrative offenses filed against him based on the same ground or a total of 180 days, it appears that the said preventive suspension imposed upon him is illegal and not warranted under the law.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org