Distinction of the preventive suspension powers of the Ombudsman, Sandiganbayan,

and the President

Who may suspend

Who may be
suspended

Grounds

Duration

Ombudsman

Any officer or
employee under his
authority pending an
investigation

1.
The
evidence of guilt
is strong;
2.
Any of
the following
circumstances
exist with the first
requirement:
a.
The
charge involves
dishonesty,
oppression, or
grave
misconduct or
neglect in the
performance of
duty;
b.
The
charge would
warrant
removal from
the service;
c.
The
respondent's
continued stay
in office may
prejudice the
case filed
against him.
(Ombudsman
v. Valeroso.
G.R. No.
167828, 2007)

Until the case is

terminated, but not
more than 6 months
without pay, EXCEPT
when the delay in the
disposition of the
case is due to the
fault, negligence, or
petition of the
respondent, in which
case the period of
such delay shall not
be counted in
computing the period
of suspension herein
provided

Sandiganbayan

Any incumbent public

officer

1.
A
criminal
prosecution
under a valid
information
under RA 3019,
as amended

Maximum of 90 days.
The duration of
preventive
suspension is thus
coeval with the period
prescribed for

(Anti-Graft and
Corrupt Practices
Act) or Title VII,
Book 2 of the
RPC (Crimes
Committed by
Public Officers);
OR
2.
Any
offense involving
fraud on the
government; OR
3.
Any
offense involving
public funds or
property
Whether as a simple
or as a complex
offense and in
whatever stage of
execution and mode
of participation

deciding
administrative
disciplinary cases. If
the case is decided
before ninety days,
then the suspension
will last less than
ninety days, but if the
case is not decided
within ninety days,
then the preventive
suspension must be
up to ninety days
only. Similarly, as
applied to criminal
prosecutions under
Republic Act No.
3019, preventive
suspension will last
for less than ninety
days only if the case
is decided within that
period; otherwise, it
will continue for
ninety days.
The duration of
preventive
suspension will,
therefore, vary to the
extent that it is
contingent on the
time it takes the court
to decide the case
but not on account of
any discretion lodged
in the court, taking
into account the
probability that the
accused may use his
office to hamper his
prosecution.
(Bolastig v.
Sandiganbayan, G.R.
110503,
August
4, 1994)
**See RA 8249

President

Elective Officials

elective officials:

Elective Official:

1. electiv
e official of a
province
2. a
highly
urbanized city
3. indepe
ndent
component
city
Appointive Officials:
The President of the
Philippines may
suspend any chief or
assistant chief of a
bureau or office and in
the absence of special
provision, any other
officer appointed by
him, pending an
investigation of the
charges against such
officer or pending an
investigation of his
bureau or office. With
the approval of the
proper Head of
Department, the chief
of a bureau or office
may likewise
preventively suspend
any subordinate officer
or employee in his
bureau or under his
authority pending an
investigation, if the
charge against such
officer or employee
involves dishonesty,
oppression or grave
misconduct, or neglect
in the performance of
duty, or if there are
strong reasons to
believe that the
respondent is guilty of
charges which would
warrant his removal

1. when
the evidence
of guilt is
strong
2. given
the gravity of
the offense,
there is great
probability
that the
continuance in
office of the
respondent
could
influence the
witnesses or
pose a threat
to the safety
and integrity
of the records
and other
evidence

shall not extend

beyond 60 days
(In cases that several
administrative cases
are filed against an
elective official, he
cannot be
preventively
suspended for more
than 90 days within a
single year on the
same ground existing
and known at the
time of the first
suspension)

from the service.