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    Ebrencio F. Indoyon Vs CA, Cagayan de Oro City March 12, 2013 Facts

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    JessaMangadlao
    This document summarizes a court case involving Ebrencio Indoyon, a former municipal treasurer. Indoyon was found to have incurred a cash shortage of 1.2 million pesos by the Commission on Audit. He was charged and found guilty of simple neglect of duty by the Bureau of Local Government Finance, receiving a six month suspension without pay as penalty. Indoyon filed petitions challenging this which were dismissed for not complying with procedural rules. The Court of Appeals also dismissed Indoyon's petition for certiorari, which was upheld by the Supreme Court, finding that the CA did not abuse its discretion in enforcing compliance with procedural circulars.

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    Ebrencio F. Indoyon Vs CA, Cagayan de Oro City March 12, 2013 Facts

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    JessaMangadlao
    91 views2 pages
    This document summarizes a court case involving Ebrencio Indoyon, a former municipal treasurer. Indoyon was found to have incurred a cash shortage of 1.2 million pesos by the Commission on Audit. He was charged and found guilty of simple neglect of duty by the Bureau of Local Government Finance, receiving a six month suspension without pay as penalty. Indoyon filed petitions challenging this which were dismissed for not complying with procedural rules. The Court of Appeals also dismissed Indoyon's petition for certiorari, which was upheld by the Supreme Court, finding that the CA did not abuse its discretion in enforcing compliance with procedural circulars.

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    indoyon v CA

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    Indoyon v CA

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    This document summarizes a court case involving Ebrencio Indoyon, a former municipal treasurer. Indoyon was found to have incurred a cash shortage of 1.2 million pesos by the Commission on Audit. He was charged and found guilty of simple neglect of duty by the Bureau of Local Government Finance, receiving a six month suspension without pay as penalty. Indoyon filed petitions challenging this which were dismissed for not complying with procedural rules. The Court of Appeals also dismissed Indoyon's petition for certiorari, which was upheld by the Supreme Court, finding that the CA did not abuse its discretion in enforcing compliance with procedural circulars.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    91 views2 pages

    Ebrencio F. Indoyon Vs CA, Cagayan de Oro City March 12, 2013 Facts

    Uploaded by

    JessaMangadlao
    This document summarizes a court case involving Ebrencio Indoyon, a former municipal treasurer. Indoyon was found to have incurred a cash shortage of 1.2 million pesos by the Commission on Audit. He was charged and found guilty of simple neglect of duty by the Bureau of Local Government Finance, receiving a six month suspension without pay as penalty. Indoyon filed petitions challenging this which were dismissed for not complying with procedural rules. The Court of Appeals also dismissed Indoyon's petition for certiorari, which was upheld by the Supreme Court, finding that the CA did not abuse its discretion in enforcing compliance with procedural circulars.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Ebrencio F.

    Indoyon vs CA, amount equivalent to the 6 month


    Cagayan de Oro City salary of Indoyon was imposed on him.
    March 12, 2013 Meanwhile, on Apr 30, 2008, the
    Ombudsman found Indoyon guilty of
    Facts: serious dishonesty and grave
    Indoyon was the municipal misconduct. Penalty is dismissal from
    treasurer of the Municipality of Lingig, service. Indoyon filed a MR alleging
    Surigao del Sur, SG 24. On Aug 8, 05, that the jurisdiction over the same
    upon examination of his cash and case had first been acquired by BLGF-
    accounts covering the period of June DOF. He alleged that the 2 admin
    22, 2005 to August 8, 2005, the COA cases were one and the same because
    discovered that Indoyon had incurred of their identity of issues, facts and
    a cash shortage in the amount of parties. However, Ombudsman denied
    1.2M. Indoyons MR.
    The auditor of COA sent a letter Indoyon filed a petition for
    to Indoyon demanding the immediate review on Certiorari under Rule 43
    production of the missing funds and with prayer for the issuance of a TRO
    the submission of a written before the CA. Petition was dismissed
    explanation of the shortage. (june 5, 2009) on the ground that it
    Indoyon replied that he suffered not just one technical
    personally used the amount of 652K to infirmity, but several technical
    put up a project to supplement his infirmities that violated various
    income, and that he allowed other circulars and issuances of the court.
    municipal officials and employees to He again filed an MR praying for
    use as cash advances his collections the relaxation of the procedural rules
    as treasurer. in the interest of substantial justice.
    March 15, 2006- Indoyon was Denied on July 16, 2010.
    formally charged for violation of COA In the meantime, on Feb 24,
    Rules and Regulations before the 2010, the BLGF directed the
    Bureau of Local Government Finance implementation of the Ombudsmans
    (BLGF), CAR, BXU. decision dismissing Indoyon from
    Meanwhile, on Dec 6, 2006, a service.
    letter was sent by the Regional Legal Hence this petition
    and Adjudication-COA to the deputy
    ombudsman. It recommended the ISSUE: WON the CA committed grave
    filing of a criminal case for abuse of discretion in dismissing
    malversation and an administrative Indoyons petition under Rule 43 on
    case for grave misconduct against the ground of noncompliance with the
    Indoyon. ROC and SC circulars. NO
    October 2, 2008- BLGF-DOF
    found petitioner guilty of simple Held: petition dismissed for being
    neglect of duty. Penalty imposed is 6 devoid of merit.
    months suspension from the service The Sc emphasized that a writ
    without pay. of certiorari is an extraordinary
    Oct 27, 2008- Indoyon file MR prerogative writ that is never
    seeking the modification of the demandable as a matter of right. To
    administrative penalty by reduction warrant the issuance thereof, the
    from suspension to the imposition of a abuse of discretion must have been so
    fine. Request was partially granted. gross or grave, as when there was
    Instead of suspension, a fine in an such capricious or whimsical exercise
    of judgment equivalent to lack of is not in accordance with Section 6 of
    jurisdiction or the exercise of power Rule 43. Under Sec 6, the petition for
    was done in an arbitrary or despotic review shall state the full names of the
    manner. parties to the case, without
    The SC held here that the CA impleading the court or agencies
    was simply implementing the rules either as petitioners or respondents.
    that the SC have set forth in several Lastly, the court of Origin, as
    circulars, and that indeed, the petition well as the case number and the title
    of Indoyon suffers several infirmities. of the action are not indicated in the
    First, no affidavit of service was caption of the petition, which is in
    attached to the petition, in violation of contravention of SC Circular No 28-91.
    SC revised circular No 1-88 and 19-91 Moreover, any violation of the said
    and Section 13, Rule 13 of the ROC. circular shall be a cause for the
    Second, the office of the summary dismissal of the petition.
    ombudsman is impleaded as nominal
    party in the Petition for Review, which

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