ARSENIO LUMIQUED VS APOLONIO EXEVEA

G.R. No. 117565 November 18, 1997

FACTS:

Arsenio Lumiqued was the Regional Director of DAR-CAR. He was charged by

Jeannette Zamudio, the Regional Cashier, for dishonesty due to questionable gas expenses under

his office. It was alleged that he was falsifying gas receipts for reimbursements and that he had

an unliquidated cash advance worth P116,000.00. Zamudio also complained that she was

unjustly removed by Lumiqued two weeks after she filed the two complaints. The issue was

referred to the DOJ. Committee hearings on the complaints were conducted on July 3 and 10,

1992, but Lumiqued was not assisted by counsel. On the second hearing date, he moved for its

resetting to July 17, 1992, to enable him to employ the services of counsel. The committee

granted the motion, but neither Lumiqued nor his counsel appeared on the date he himself had

chosen, so the committee deemed the case submitted for resolution. The Investigating Committee

recommended the dismissal of Lumiqued. DOJ Sec Drilon adopted the recommendation. Fidel

Ramos issued AO 52 dismissing Lumiqued.

ISSUE:

Whether or not the due process clause encompass the right to be assisted by counsel

during an administrative inquiry.

HELD:

No. The right to counsel, which cannot be waived unless the waiver is in writing and in

the presence of counsel, is a right afforded a suspect or an accused during custodial investigation.

It is not an absolute right and may, thus, be invoked or rejected in a criminal proceeding and,

with more reason, in an administrative inquiry. In the case at bar, Lumiqued invoked the right of

an accused in criminal proceedings to have competent and independent counsel of his own

choice. Lumiqued, however, was not accused of any crime. The investigation conducted by the

committee was for the purpose of determining if he could be held administratively liable under

the law for the complaints filed against him. The right to counsel is not indispensable to due

process unless required by the Constitution or the law.