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Topic: Penal Laws: Villaseñor vs. Sandiganbayan G.R. No. 180700 March 4, 2008

The document discusses a Supreme Court case regarding whether preventive suspension provisions should be strictly or liberally construed. It summarizes that the case involved criminal charges against two public officials for a hotel fire that killed 74 people. The officials argued preventive suspension in an administrative case barred further suspension in the criminal case. However, the Court ruled that preventive suspension provisions are procedural and not penal, so the strict construction rule for penal laws does not apply. As the provisions are procedural, they can be interpreted liberally.

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68 views2 pages

Topic: Penal Laws: Villaseñor vs. Sandiganbayan G.R. No. 180700 March 4, 2008

The document discusses a Supreme Court case regarding whether preventive suspension provisions should be strictly or liberally construed. It summarizes that the case involved criminal charges against two public officials for a hotel fire that killed 74 people. The officials argued preventive suspension in an administrative case barred further suspension in the criminal case. However, the Court ruled that preventive suspension provisions are procedural and not penal, so the strict construction rule for penal laws does not apply. As the provisions are procedural, they can be interpreted liberally.

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© © All Rights Reserved
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CHAPTER 7: STRICT OR LIBERAL CONSTRUCTION

A. STATUTES STRICTLY CONSTRUED

Topic: Penal Laws


Villaseñor vs. Sandiganbayan
G.R. No. 180700 March 4, 2008

FACTS:
On August 18, 2001, the Quezon City Manor Hotel went ablaze resulting to the death of
74 people and injuries to others. Herein petitioners Gerardo Villaseñor and Rodel Mesa, are
facing criminal charges of multiple homicide through reckless imprudence and violation of R.A.
3019 (Anti-Graft and Corrupt Policies Act). Being public officials, they were also charged
administratively with gross negligence, gross misconduct, and conduct prejudicial to the interest
of the service. The cases were filed before the Sandiganbayan. In line with the administrative
case, the petitioners were preventively suspended for 6 months. During the pendency of the
criminal case, special prosecutor Louella Mae Oco-Pesquerra filed a motion for suspension
pendente lite to which the petitioners opposed.
Petitioners now seek to set aside the Sandiganbayan’s resolutions granting the
prosecution’s motion and denying their motion for reconsideration on the ground that preventive
suspension in an administrative proceeding bar preventive suspension in a criminal case founded
on the same facts and circumstances. They also argue that as a penal statute, the provision on
preventive suspension should be strictly construed against the State and liberally in their favor.

ISSUE:
Whether or not the provision on preventive suspension, should be strictly construed against the
State and liberally in the petitioners’ favor

RULING:
NO.
In the case of Buenaseda v. Flavier, the Court declared that “the test in determining if a
statute is penal is whether a penalty is imposed for the punishment of a wrong to the public or for
the redress of an injury to an individual” and that a Code prescribing the procedure in criminal
cases is not a penal statute and is to be interpreted liberally.
In this case, Section 13 of R.A. No. 3019 on preventive suspension is not a penal
provision. It is procedural in nature. Hence, the strict construction rule cannot be applied in the
case at bar.

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