G.R. No. L-21008 October 29, 1965
RAMON A. DIAZ, ET AL., petitioners, vs. HON. FRANCISCO ARCA, ET AL., respondents.

FACTS

Manuel G. Coral was appointed Manager of the Property Insurance Fund of the Government Service Insurance System (GSIS) on October 28, 1958. On March 5, 1962, Ramon A. Diaz, General Manager of GSIS, placed Coral under preventive suspension pending investigation of administrative charges for dishonesty and acts prejudicial to the service. Coral submitted his answer and later objected to the jurisdiction of the Special Board of Inquiry created by Diaz, arguing the charges were insufficient as they were not made under oath. The Board affirmed its jurisdiction but postponed the hearing to allow Coral to seek judicial recourse. On June 21, 1962, Coral filed a case in the Court of First Instance of Manila, alleging the Board lacked jurisdiction due to the unsworn charges and that his suspension was illegal. The court issued a preliminary mandatory injunction for his reinstatement and enjoined further administrative proceedings. The court later lifted the mandatory injunction but kept the ordinary injunction. Upon Coral’s motion for reconsideration, the court reinstated the mandatory injunction on January 30, 1963. Respondents filed a petition for certiorari with prohibition and preliminary injunction with the Supreme Court, which issued a preliminary injunction against the lower court’s orders.

ISSUE

1. Is the preventive suspension imposed upon Coral illegal on the ground that it was based on a complaint which was not made under oath?
2. Has said preventive suspension already exceeded the 60-day period prescribed by law?

RULING

1. No, the preventive suspension is not illegal. Coral, as a GSIS employee, is governed by the Civil Service Act and related regulations. While Section 32 of Republic Act No. 2260 requires complaints to be sworn, this applies to complaints filed by private parties. The investigation against Coral was initiated motu proprio by the head of office (GSIS General Manager) under Executive Order No. 370, which allows administrative proceedings to be commenced by the head of office motu proprio or upon a sworn complaint. The requirement for a sworn complaint does not apply when the investigation is started by the head of office, as official acts are presumed performed under oath. The GSIS Board of Trustees also confirmed the suspension on March 9, 1962.
2. No, the preventive suspension has not exceeded the 60-day period. The 60-day period, which would have ended on May 19, 1962, was interrupted by Coral’s own requests for postponement (15 days on March 22, 1962, and another on May 17, 1962) and by the injunction he sought and obtained on June 21, 1962, which enjoined further administrative action. Since that injunction has not been lifted, the 60-day period has not been exceeded.
The Supreme Court granted the petition, set aside the lower court’s orders dated January 30, 1963 and February 25, 1963, and made permanent the injunction it had issued.