- Petitioner
- Quimbo
- Respondent
- Ombudsman
- Citation
- G.R. No. 155620
- Court
- Office of the Deputy Ombudsman → Ombudsman → Court of Appeals → Supreme Court
- Division
- Third Division
- Ponente
- Carpio Morales, J.
- Decided
- August 9, 2005
Summary
Provincial Engineer Prudencio Quimbo challenged the Ombudsman's refusal to credit his 2-month preventive suspension against his final 2-month suspension penalty for simple misconduct. The Supreme Court denied his petition, establishing the fundamental distinction between preventive suspension (a preventive measure during investigation) and suspension as penalty. The Court held that Sections 24 and 25 of the Administrative Code explicitly provide that preventive suspension is not punishment and cannot be credited against actual penalty. The decision distinguished the Gloria case, noting it applied only to preventive suspension pending appeal, not pending investigation. This ruling clarifies administrative law principles regarding disciplinary procedures for government employees and prevents circumvention of prescribed penalties through credit of preventive measures.