Documente Academic
Documente Profesional
Documente Cultură
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 89687 September 26, 1990
MARIA B. LUPO, petitioner,
vs
ADMINISTRATIVE ACTION BOARD (AAB) (Department of Transportation &
Communications Republic of the Philippines) and JUSTICE ONOFRE A.
VILLALUZ, respondents.
Baga, Castronuevo, Balitaan & Associates for petitioner.
PARAS, J.:
In this petition for prohibition, petitioner seeks the issuance of an order or writ of
prohibition which would direct public respondents Administrative Action Board
and Chairman Onofre A. Villaluz to permanently desist from assuming jurisdiction
over Adm. Case No. AAB-034-88 until the same is finally disposed of by the
Telecoms Office, Region V at Legaspi City and to refrain from issuing orders
setting the aforecited case for hearing.
Petitioner substantially assails the Resolution dated September 30, 1988 of then
Secretary Rainerio O. Reyes of the Department of Transportation and
Communications which suspended her for one year and disqualified her for
promotion for a period of one year and also, the Order of July 5, 1989 of
Chairman Onofre A. Villaluz of the Administrative Action Board of said
department which set Adm. Case No. AAB-034-88 for trial.
The prefatory facts are:
On November 5, 1987, Fructuoso B. Arroyo, OIC/CDO, Message Center and
then CDO of Telecom Office stationed at Buhi, Camarines Sur, filed a complaint
for Dishonesty Thru Falsification (Multiple) of Official Documents against Maria B.
Elsa M. Caete CPA, MBA, DBA 1
On March 2, 1989 the Civil Service Commission, thru its Merit Systems Board,
issued the Order setting aside the resolution of the Department of Transportation
and Communications and remanding the case to the Telecom Office of Region V
for further investigation to conform with the procedural requirements of due
process.
Instead of complying with the above order, respondent Chairman Villaluz of the
AAB issued the Order of July 5, 1989 setting the case for trial on August 3, 1989.
On August 2, 1989, petitioner filed a Manifestation and Motion informing
respondent Villaluz that no formal charge had been instituted by the
Telecommunications Office against her and respondents, therefore, had no
jurisdiction over the case. Respondents denied said manifestation and motion for
lack of merit in the Order of August 7, 1989 and again set the case for hearing on
August 23, 1989.
Hence, this petition.
Petitioner avers that respondent AAB never acquired jurisdiction over Adm. Case
No. AAB-034-88 because of the absence of a formal charge against her and that
the proceedings conducted by Regional Investigator Florencio Calapano was a
mere fact-finding inquiry.
Respondent Chairman of the AAB however, contends that the Order of the Merit
Systems Board of the Civil Service Commission was rendered without lawful
authority since petitioner's appeal to said Board was filed when the assailed
resolution had already become final and executory; that the Board, not having
acquired jurisdiction to entertain the appeal for having been filed beyond the
reglementary period could not have legally rendered its decision in the said
administrative case. Likewise, respondents claim that Regional Office No. V
could no longer take cognizance of the case as per order of the Merit Systems
Board for the reason that the decision had already become final and executory.
Complaints against employees, like petitioner herein, who belong to the Civil
Service Career System are still governed by P.D. No. 807. This mandate of P.D.
No. 807 has been recognized and implemented by respondent Administrative
Action Board when it declared in Office Order No. 88-318 dated July 1, 1988 that
the Board shall observe the pertinent civil service rules and policies designed to
expedite action on cases referred to it. (Emphasis supplied)
Elsa M. Caete CPA, MBA, DBA 3
The pertinent provisions of the aforecited Civil Service Law read as follows:
SECTION 37. Disciplinary Jurisdiction. (a) The Commission shall
decide upon appeal all administrative disciplinary cases involving the
imposition of a penalty of suspension for more than thirty days, or
fine in an amount, exceeding thirty days' salary, demotion in rank or
salary or transfer, removal or dismissal from office. A complaint may
be filed directly with the Commission by a private citizen against a
government official or employee in which case it may hear any
department or agency or and decide the case or it may deputize
official or group of officials to conduct the investigation. The results
of the investigation shall be submitted to the Commission with
recommendation as to the penalty to be imposed or other action to
be taken.
(b) The heads of departments, agencies and instrumentalities,
provinces, cities and municipalities shall have jurisdiction to
investigate and decide matters involving disciplinary action against
officers and employees under their jurisdiction. Their decisions shall
be final in case the penalty imposed is suspension for not more than
thirty days or fine in an amount not exceeding thirty days' salary. In
case the decision rendered by a bureau or office head is appealable
to the Commission, the same may be initially appealed to the
department and finally to the Commission and pending appeal, the
same shall be executory except when the penalty is removal, in
which case the same shall be executory only after confirmation by
the department head.
(c) An investigation may be entrusted to regional director or similar
officials who shall make the necessary report and recommendation
to the chief of bureau or office or department within the period
specified in Paragraph (d) of the following Section.
(d) An appeal shall not stop the decision from being executory, and
in case the penalty is suspension or removal, the respondent shall
be considered as having been under preventive suspension during
the pendency of the appeal in the event he wins an appeal.
SEC. 38. Procedure in Administrative Cases Against NonPresidential Appointees. a) Administrative proceedings may be
commenced against a subordinate officer or employee by the head
of department or office of equivalent rank, or head of local
government, or chiefs of agencies, or regional directors, or upon
sworn, written complaint of any other persons.
(b) In the case of a complaint filed by any other persons, the
complainant shall submit sworn statements covering his testimony
and those of his witnesses together with his documentary evidence.
If on the basis of such papers a prima facie case is found not to
exist, the disciplining authority shall dismiss the case. If a prima
facie case exist, he shall notify the respondent in writing, of the
charges against the latter, to which shall be attached copies of the
complaint, sworn statements and other documents submitted, and
the respondent shall be allowed not less than seventy-two hours
after receipt of the complaint to answer the charges in writing under
oath, together with supporting sworn statements and documents, in
which he shall indicate whether or not he elects a formal
investigation if his answer is not considered satisfactory. If the
answer is found satisfactory, the disciplining authority shall dismiss
the case.
(c) Although a respondent does not request a formal investigation,
one shall nevertheless be conducted when from the allegations of
the complaint and the answer of the respondent, including the
supporting documents, the merits of the case cannot be decided
judiciously without conducting such an investigation. . . .
Petitioner's contentions appear meritorious.
It should be noted that under Section 37 (b) as aforequoted, the decisions of
heads of departments become final only in cases where the penalty imposed is
suspension for not more than thirty (30) days or fine in an amount not exceeding
thirty (30) days' salary. In the case, therefore, of petitioner who had been made to
suffer the penalty of suspension for one (1) year, such penalty should not have
been implemented without the appeal to the Civil Service Commission for proper
review.
Elsa M. Caete CPA, MBA, DBA 5
Notably, paragraph (a) of the above Section explicitly provides that the
Commission shall decide upon appeal all administrative disciplinary cases
involving the imposition of a penalty of suspension for more than 30 days, or fine
in an amount exceeding 30 days' salary. Clearly, the enforcement of the penalty
imposed upon petitioner under the resolution of the Secretary of the Department
of Transportation and Communications was premature.
From the very start, the basis upon which this case was investigated had been
defective and irregular. For, the letter-complaint of Fructuoso Arroyo was not
verified and yet, the same was haphazardly made the basis of the informal
inquiry. It should be stressed that par. (a) of Sec. 38 mandates that administrative
proceedings may be commenced against an employee by the head of the
department or office of equivalent rank or upon sworn written complaint of any
other person. It should also be noted that under paragraph (b) of said Section, a
respondent is given the option to elect a formal investigation of the charge
against him if his answer is not found satisfactory. In the case of petitioner, it
appears that when her answer to the unverified complaint was found
unsatisfactory, she was never given a chance to decide whether or not to submit
herself to a formal investigation.
The Memorandum of Telecom Investigator Calapano to the Regional Director is
merely recommendatory since it was only the outcome of a fact finding
investigation based on the unverified complaint. Note that the informal
investigation was only an inquiry into the alleged dishonest acts of petitioner in
which case, the Memorandum could not be made as the basis for any final
resolution of the case. The legal and proper procedure should have been for the
Regional Director of Region V, the alter ego of the department secretary to
initiate the formal complaint on the basis of the results of the inquiry of the
Telecom Investigator. Instead of observing the mandatory rules on formal
investigations as prescibed by PD No. 807, the DOTC Secretary cut corners and
apparently railroaded this case by rendering the assailed resolution.
Even the Telecom Investigator did not know what he was doing. He exceeded his
authority by imposing in the Memorandum a penalty in the form of a warning to
petitioner. His job was limited to an inquiry into the facts and a determination on
whether or not a prima facie case existed. His findings were merely preparatory
to the filing of the necessary formal administrative case by the Regional Director.
It should be noted with alarm that the Telecom Director who was supposed to
review the findings of the Telecom Investigator merely affixed his approval within
the Memorandum (p. 7 of Memorandum), thus obviously indicating that he never
reviewed the merits of the case.
It appears highly irregular that Asst. Secretary Sibal of the DOTC, in his letter
dated August 2, 1989 to Chairman Villaluz of the Administrative Action Board,
informed the latter that his Office did not file any administrative complaint against
petitioner nor had it filed a formal charge against her for whatever administrative
offense. Note that even with this letter, Chairman Villaluz proceeded to order the
hearing of this case. This is a clear indication that for lack of coordination among
the DOTC authorities and the Regional Office, the mandatory requirements of
due process to which petitioner was entitled were irreverently ignored.
Thus, in the case of Jose Rizal College v. National Labor Relations
Commission (G.R. No. 65482, December 1, 1987) this Court reiterated the
"cardinal primary" requirements of due process in administrative proceedings and
these are: (1) the right to a hearing which includes, the right to present one's
case and submit evidence in support thereof; (2) the tribunal must consider the
evidence presented; (3) the decision must have something to support itself, (4)
the evidence must be substantial, and substantial evidence means such
evidence as a reasonable mind must accept as adequate to support a
conclusion; (5) the decision must be based on the evidence presented at the
hearing, or at least contained in the record and disclosed to the parties affected;
(6) the tribunal or body or any of its judges must act on its or his own
independent consideration of the law and facts of the controversy, and not simply
accept the views of a subordinate; (7) the board or body should in all
controversial questions, render its decision in such manner that the parties to the
proceeding can know the various issues involved, and the reason for the decision
rendered. (Emphasis supplied)
Evidently, respondents denied petitioner her right to a formal and full-blown
administrative proceedings which she never had.
WHEREFORE, the Resolution dated September 30, 1988 of the Secretary of the
Department of Transportation and Communications and the proceedings before
the Administrative Action Board are hereby declared NULL and VOID. The
Secretary of the DOTC is hereby directed to restore to petitioner's record of
Elsa M. Caete CPA, MBA, DBA 7
service the period which she served under suspension and to delete from her
personnel file the period within which she was disqualified for promotion.
SO ORDERED
DIGEST
2. Lupo v. Administrative Action Board 190 SCRA 69Facts: Fructuso
Arroyo, the OIC/CDO, Message Center and former CDO of Telecom filed
a complaint fordishonesty thru falsification (multiple) of official
documents against Maria Lupo, who committed said transgression in
hercapacity as Chief of Personnel if Telecom, Region V. the telecom
investigator conducted an informal fact-finding inquiry.He came out
with a memorandum recommending that Lupo be sternly warned and
that a repeat of such offense will merither graver penalties.
The Secretary of the Department of Transportation and Communication
however, examined the memorandum.Based on said memorandum,
the secretary filed a resolution slipping6 Lupo with 1 year suspension
and suspending herfrom promotion for a period of 1 year.Lupo
appealed to the CSC. The CSC thru its Merit System Board ordered the
case to be remanded back to thetelecom office for further investigation
after which the administrative action board (AAB) was to hear the
merits of the casethru a trial.The AAB however proceeded with the trial
of the case without waiting for the investigation to commence.Lupo
now complains she was not accorded procedural due process because
no formal charge has been filedagainst her and that the investigation
conducted by the telecom investigation was not a formal investigation
but a merefact-fact finding inquiry.
Held:
Lupo is correct. Complaints against employees belonging to the CSC
system is governed by PD 807 saysthat a formal complaint that should
first be filed after which the respondent must be given the option to
submit her self to aformal investigation if her answer to the complaint
is found to be unsatisfactory. Here, not only was Lupo is given a
chanceto submit her self to a formal investigation, the DOTC secretary
immediately slapped her with a 1 year suspension basedonly a mere
informal inquiry. Also, the AAB started hearing her case without the
benefit of a formal investigation.The cardinal primary rights of due to
process in administrative hearings must always be observed. Lupo
Elsa M. Caete CPA, MBA, DBA 8
must notbe denied her right to a formal and full blown administrative
proceeding.F. Read RA 6770 the Ombudsman Act of 1989Read the
case of Garcia v. Mojica (see p. 69) preferably in its entirely, in order to
best see how theOmbudsman Act was applied in an actual caseG. 1
Read AO No. 23, December 17, 1992Read the case Joson v. Torres, (see
p. 71) preferably in its entirely, in order to best see how AO 23
wasapplied in an actual case.G. 2 Read AO No. 121, March 10, 199
Not satisfied, the private respondents appealed the decision to the Civil Service
Commission. The Commission found:
On the onset, it appears that protestee Medenilla does not possess the
required qualifications for the position. . . . Moreover, her eligibility is PD
907, being a cum laude graduate. Let it be considered appropriate only for
appointment to "second level positions" which require the application of
knowledge and skills within the appointee's field of study. (Rollo, p. 28-29)
xxx
xxx
xxx
said to possess far superior qualification than those permanent next-inrank employees of the Department. (Rollo, pp. 30-31)
Thus, on February 28, 1990, the Commission promulgated the assailed
resolution, the dispositive portion of which reads:
WHEREFORE, foregoing premises considered, the Commission resolved
to disapprove the promotional appointment of Ardeliza Medenilla to the
position of Supervising Human Manpower Development Officer.
Accordingly, the appointing authority may choose from among protestants
Amparo Dellosa, Marita Burdeos and Rosalinda Juria who to promote to
the said position. The Civil Service Field Office is directed to implement
this resolution accordingly." (Rollo, p. 31)
The petitioner on March 23, 1990 filed a motion for reconsideration of the
resolution. On May 30, 1990 a supplement to the Motion for Reconsideration was
also filed. However, prior thereto, the Commission on May 23, 1990 denied the
petitioner's motion for reconsideration. The pertinent portions of the denial are:
xxx
xxx
xxx
2. Experience of Medenilla
Medenilla alleges that the Commission failed to appreciate her 3 years and
8 months of experience directly relevant to Human Resource
Development. Looking more deeply into her experience as reflected in her
CS Form 212, we could not distinguish her experience directly relevant to
the field of Human Resource Development. The certification of a certain
Elvira H. Villania stated her duties in the Guthrie-Jensen Consultants, Inc.
in her one (1) year and (7) months as Research and Publication Officer of
working included "providing research assistance to our Management
Consultants in drawing up performance appraisal system, merit promotion
system and conducting development for our client-companies."
Notwithstanding, assuming that her 1 year and 7 months experience in the
company is relevant, yet, compared to the experience of the protestants in
the field of Human Resource Development, said experience is obviously
outweighed. There is no dispute that Medenilla has experience as a
Researcher but said experience is basically on the field of journalism and
information. (Rollo, p. 35)
xxx
xxx
xxx
xxx
xxx
Granting for the sake of argument that the DPWH adhered to its rules
relative to reorganization, is at this point, no longer material and
controlling. What is now the issue is whether Medenilla indeed possesses
superior qualifications over any of the protestants. (Rollo, p. 38)
xxx
xxx
xxx
She was ranked No. 1 in the department wide training program handled by a
private firm. Two of the respondents were ranked way below while a third did not
even participate. She was commended for exemplary performance as facilitator
during the Second Congress of Women in Government. She received the highest
grades from De la Salle University in her MBA studies. She helped draft the
human resource program for the entire DPWH. Inspire of her being a new
employee, she was assigned to conduct seminars on Performance Appraisal
Systems and on Management by Objectives and Results for the DPWH. She was
precisely drafted from a private firm to assist in human resource planning for the
DPWH. Her work is apparently highly satisfactory as the top administrators of the
DPWH not only appointed her but have asked the respondent Commission to
validate the appointment.
The respondents rely on Section 4 of R.A. 6656, which reads:
xxx
xxx
xxx
for hundreds of deadwood above them to first go into retirement before they can
hope for significant and fulfilling assignments.
The Commission's reliance on the dictum in Millares v. Subido, 20 SCRA 954
[19671 is misplaced. The ruling inMillares has already been superseded by later
decisions. We have already held in cases subsequent to Millares that the next-inrank rule is not absolute; it only applies in cases of promotion (see Pineda v.
Claudio, 28 SCRA 34 [19691). And even in promotions, it can be disregarded for
sound reasons made known to the next-in-rank. The appointing authority, under
the Civil Service Law, is allowed to fill vacancies by promotion, transfer of present
employees, reinstatement, reemployment, and appointment of outsiders who
have appropriate civil service eligibility, not necessarily in that order. (see Pineda
v. Claudio, supra; Luego v. Civil Service Commission, 143 SCRA 327 [1986])
There is no legal fiat that a vacancy must be filled only by promotion; the
appointing authority is given wide discretion to fill a vacancy from among the
several alternatives provided for by law.
In this case, the contested position was created in the course of
reorganization.1wphi1 The position appears to be a new one. The applicability,
therefore, of the next-in-rank rule does not come in clearly. Besides, as earlier
stated, said rule is not absolute. There are valid exceptions.
Granting for the sake of argument that the case involves a promotional
appointment, the next-in-rank rule must give way to the exigencies of the public
service. The intent of the Civil Service Laws not merely to bestow upon
permanent employees the advantage arising from their long employment but
most specially, it is to foster a more efficient public service. Any other factor must,
therefore, yield to the demand for an effective government, which necessarily
entails the appointment of competent, qualified and proficient personnel. The
deliberation of this Court in the case of Aguilar v. Nieva, Jr., 40 SCRA 113 [19711
is illuminating, to wit:
xxx
xxx
xxx
The point raised by the public respondent that, pursuant to the Revised
Administrative Code of 1987, it is authorized to revoke appointments, must
necessarily fail.
We have already ruled on several occasions that when the appointee is qualified,
the Civil Service Commission has no choice but to attest to the appointment. It is
not within its prerogative to revoke an appointee on the ground that substituting
its judgment for that of the appointing power, another person has better
qualifications for the job.
Once the function is discharged, the participation of the Civil Service Commission
in the appointment process ceases. The only purpose of attestation is to
determine whether the appointee possesses the requisite civil service eligibility,
no more than that is left for the Civil Service Commission to do. (see Luego v.
CSC, 143 SCRA 327 [1986]; Central Bank of the Philippines v. CSC, 171 SCRA
744 [1989]; Secretary Oscar Orbos v. CSC, G.R. No. 92561, September 12,
1990; Gaspar v. CSC, G.R. No. 90799, October 18, 1990).
The rationale of this doctrine is that the power of appointment is essentially
discretionary. The discretion to be granted to the appointing authority, if not
plenary must at least be sufficient.
After all, not only is the appointing authority the officer primarily responsible for
the administration of the office but he is also in the best position to determine
who among the prospective appointees can efficiently discharge the functions of
the position (see Villegas v. Subido, 30 SCRA 498 [1969]). As between the
Commission which only looks into paper qualifications and the appointing
authority who views not only the listed qualifications but also the prospective
appointees themselves, the work to be accomplished, the objectives of the
Department, etc., the Court sustains the Department Head.
WHEREFORE, the petition is hereby GRANTED. The resolutions issued by the
Civil Service Commission dated February 28, 1990 and May 23, 1990 are SET
ASIDE. The restraining order issued by this Court on July 10, 1990 is made
permanent.
SO ORDERED.
Digest
MEDENILLA v. CIVIL SERVICE COMMISSION
FACTS:
Elsa M. Caete CPA, MBA, DBA 20
SECOND DIVISION
[G.R. No. 126625. September 23, 1997]
KANLAON CONSTRUCTION ENTERPRISES CO., INC., petitioner, vs.
NATIONAL LABOR RELATIONS COMMISSION, 5TH DIVISION, and
BENJAMIN RELUYA, JR., EDGARDO GENAYAS, ERNESTO CANETE,
PROTACIO ROSALES, NESTOR BENOYA, RODOLFO GONGOB,
DARIO BINOYA, BENJAMIN BASMAYOR, ABELARDO SACURA,
FLORENCIO SACURA, ISABELO MIRA, NEMESIO LACAR, JOSEPH
CABIGKIS, RODRIGO CILLON, VIRGILIO QUIZON, GUARINO
EVANGELISTA, ALEJANDRO GATA, BENEDICTO CALAGO, NILO
GATA, DIONISIO PERMACIO, JUANITOSALUD, ADOR RIMPO, FELIPE
ORAEZ, JULIETO TEJADA, TEOTIMO LACIO, ONOFRE QUIZON,
RUDY ALVAREZ, CRESENCIO FLORES, ALFREDO PERMACIO,
CRESENCIO ALVIAR, HERNANI SURILA, DIOSDADO SOLON, CENON
ALBURO, ZACARIAS ORTIZ, EUSEBIO BUSTILLO, GREGORIO BAGO,
JERRY VARGAS, EDUARDO BUENO, PASCUAL HUDAYA, ROGELIO
NIETES, and REYNALDO NIETES, respondents.
DECISION
PUNO, J.:
In this petition for certiorari, petitioner Kanlaon Construction Enterprises Co.,
Inc. seeks to annul the decision of respondent National Labor Relations
Commission, Fifth Division and remand the cases to the Arbitration Branch for a
retrial on the merits.
Petitioner is a domestic corporation engaged in the construction business
nationwide with principal office at No. 11 Yakan St., La Vista Subdivision, Quezon
City. In 1988, petitioner was contracted by the National Steel Corporation to
construct residential houses for its plant employees in Steeltown, Sta. Elena,
Iligan City. Private respondents were hired by petitioner as laborers in the project
and worked under the supervision of Engineers Paulino Estacio and Mario
Dulatre. In 1989, the project neared its completion and petitioner started
terminating the services of private respondents and its other employees.
"I
"THE QUESTIONED DECISION RENDERED BY THE HONORABLE
COMMISSION IS A NULLITY, IT HAVING BEEN ISSUED WITHOUT
JURISDICTION;
II
"PUBLIC RESPONDENT NATIONAL LABOR RELATIONS COMMISSION
GRAVELY ABUSED ITS DISCRETION IN ARBITRARILY, CAPRICIOUSLY AND
WHIMSICALLY MAKING THE FOLLOWING CONCLUSIONS BASED NOT ON
FACTS AND EVIDENCE BUT ON SPECULATION, SURMISE AND CONJECTURE:
A. Petitioner was deprived of the constitutional right to due process of law when it was
adjudged by the NLRC liable without trial on the merits and without its knowledge;
B. The NLRC erroneously, patently and unreasonably interpreted the principle that the
NLRC and its Arbitration Branch are not strictly bound by the rules of evidence;
C. There is no legal nor actual basis in the NLRC's ruling that petitioner is already in
estoppel to disclaim the authority of its alleged representatives.
D. The NLRC committed manifest error in relying merely on private respondents
unsubstantiated complaints to hold petitioner liable for damages." [5]
In brief, petitioner alleges that the decisions of the labor arbiters and
respondent Commission are void for the following reasons: (1) there was no valid
service of summons; (2) Engineers Estacio and Dulatre and Atty. Abundiente had
no authority to appear and represent petitioner at the hearings before the arbiters
and on appeal to respondent Commission; (3)the decisions of the arbiters and
respondent Commission are based on unsubstantiated and self-serving evidence
and were rendered in violation of petitioner's right to due process.
Service of summons in cases filed before the labor arbiters is governed by
Sections 4 and 5 of Rule IV of the New Rules of Procedure of the NLRC. They
provide:
"Section 4. Service of Notices and Resolutions.-- (a) Notices or summons and copies of
orders, resolutions or decisions shall be served on the parties to the case personally by the
Elsa M. Caete CPA, MBA, DBA 25
bailiff or duly authorized public officer within three (3) days from receipt thereof or by
registered mail; Provided that where a party is represented by counsel or authorized
representative, service shall be made on such counsel or authorized
representative; provided further that in cases of decision and final awards, copies thereof
shall be served on both the parties and their counsel; provided finally, that in case where
the parties are so numerous, service shall be made on counsel and upon such number of
complainants as may be practicable, which shall be considered substantial compliance
with Article 224 (a) of the Labor Code, as amended.
"x x x.
"Section 5. Proof and completeness of service.-- The return is prima facie proof of the
facts indicated therein. Service by registered mail is complete upon receipt by the
addressee or his agent. x x x."
Under the NLRC Rules of Procedure, summons on the respondent shall be
served personally or by registered mail on the party himself. If the party is
represented by counsel or any other authorized representative or agent,
summons shall be served on such person.
It has been established that petitioner is a private domestic corporation with
principal address in Quezon City. The complaints against petitioner were filed in
Iligan City and summonsestherefore served on Engineer Estacio in Iligan City.
The question now is whether Engineer Estacio was an agent and
authorized representative of petitioner.
To determine the scope or meaning of the term "authorized representative" or
"agent" of parties on whom summons may be served, the provisions of the
Revised Rules of Court may be resorted to. [6]
Under the Revised Rules of Court, [7] service upon a private domestic
corporation or partnership must be made upon its officers, such as the president,
manager, secretary, cashier, agent, or any of its directors. These persons are
deemed so integrated with the corporation that they know their responsibilities
and immediately discern what to do with any legal papers served on them. [8]
In the case at bar, Engineer Estacio, assisted by Engineer Dulatre, managed
and supervised the construction project. [9] According to the Solicitor General and
private respondents, Engineer Estacio attended to the project in Iligan City and
Elsa M. Caete CPA, MBA, DBA 26
cases before the arbiters. Absent this authority, whatever statements and
declarations Engineer Estacio made before the arbiters could not bind petitioner.
The appearance of Atty. Arthur Abundiente in the cases appealed to
respondent Commission did not cure Engineer Estacio's representation. Atty.
Abundiente, in the first place, had no authority to appear before the respondent
Commission. The appellants' brief he filed was verified by him, not by
petitioner. [12] Moreover, respondent Commission did not delve into the merits of
Atty. Abundiente's appeal and determine whether Engineer Estacio was duly
authorized to make such promise. It dismissed the appeal on the ground that
notices were served on petitioner and that the latter was estopped from denying
its promise to pay.
Nevertheless, even assuming that Engineer Estacio and Atty. Abundiente
were authorized to appear as representatives of petitioner, they could bind the
latter only in procedural matters before the arbiters and respondent
Commission. Petitioner's liability arose from Engineer Estacio's alleged promise
to pay. A promise to pay amounts to an offer to compromise and requires a
special power of attorney or the express consent of petitioner. The authority to
compromise cannot be lightly presumed and should be duly established by
evidence. [13] This is explicit from Section 7 of Rule III of the NLRC Rules of
Procedure, viz:
"Section 7. Authority to bind party.-- Attorneys and other representatives of parties shall
have authority to bind their clients in all matters of procedure; but they cannot, without a
special power of attorney or express consent, enter into a compromise agreement with the
opposing party in full or partial discharge of a client's claim."
The promise to pay allegedly made by Engineer Estacio was made at the
preliminary conference and constituted an offer to settle the case amicably. The
promise to pay could not be presumed to be a single unilateral act, contrary to
the claim of the Solicitor General. [14] A defendant's promise to pay and settle the
plaintiff's claims ordinarily requires a reciprocal obligation from the plaintiff to
withdraw the complaint and discharge the defendant from liability. [15] In effect, the
offer to pay was an offer to compromise the cases.
In civil cases, an offer to compromise is not an admission of any liability, and
is not admissible in evidence against the offeror. [16] If this rule were otherwise, no
Elsa M. Caete CPA, MBA, DBA 28
attempt to settle litigation could safely be made. [17] Settlement of disputes by way
of compromise is an accepted and desirable practice in courts of law and
administrative tribunals. [18] In fact, the Labor Code mandates the labor arbiter to
exert all efforts to enable the parties to arrive at an amicable settlement of the
dispute within his jurisdiction on or before the first hearing. [19]
Clearly, respondent Commission gravely abused its discretion in affirming the
decisions of the labor arbiters which were not only based on unauthorized
representations, but were also made in violation of petitioner's right to due
process.
Section 3 of Rule V of the NLRC Rules of Procedure provides:
"Section 3. Submission of Position Papers/Memorandum.-- Should the parties fail to
agree upon an amicable settlement, in whole or in part, during the conferences, the Labor
Arbiter shall issue an order stating therein the matters taken up and agreed upon during
the conferences and directing the parties to simultaneously file their respective verified
position papers.
"x x x."
After petitioner's alleged representative failed to pay the workers' claims as
promised, Labor Arbiters Siao and Palangan did not order the parties to file their
respective position papers.The arbiters forthwith rendered a decision on the
merits without at least requiring private respondents to substantiate their
complaints. The parties may have earlier waived their right to fileposition papers
but petitioner's waiver was made by Engineer Estacio on the premise that
petitioner shall have paid and settled the claims of private respondents at the
scheduled conference. Since petitioner reneged on its "promise," there was a
failure to settle the case amicably. This should have prompted the arbiters to
order the parties to file their position papers.
Article 221 of the Labor Code mandates that in cases before labor arbiters
and respondent Commission, they "shall use every and all reasonable means to
ascertain the facts in each case speedily and objectively and without regard to
technicalities of law or procedure, all in the interest of due process." The rule that
respondent Commission and the Labor Arbiters are not bound by technical rules
of evidence and procedure should not be interpreted so as to dispense with the
fundamental and essential right of due process. [20] And this right is satisfied, at
Elsa M. Caete CPA, MBA, DBA 29
the very least, ' when the parties are given the opportunity to submit position
papers. [21] Labor Arbiters Siao and Palangan erred in dispensing with this
requirement.
Indeed, the labor arbiters and the NLRC must not, at the expense of due
process, be the first to arbitrarily disregard specific provisions of the Rules which
are precisely intended to assist the parties in obtaining the just, expeditious and
inexpensive settlement of labor disputes. [22]
IN VIEW WHEREOF, the petition for certiorari is granted. The decision of the
National Labor Relations Commission, Fifth Division, is annulled and set aside
and the case is remanded to the Regional Arbitration Branch, Iligan City for
further proceedings.
SO ORDERED.
DIGEST
Kanlaon Construction Enterprises vs NLRC 279 SCRA 337
Facts:
This is a labor case involving Kanlaon for illegal termination of employment of
publics respondents. The arbitrations decision is appealed to the NLRC. Public
respondents in their
appeal questioned the validity of the NLRCs decision on the ground
that the NLRC erroneously, patently and unreasonably interpreted the principle that theNLRC and its
Arbitration Branch are not strictly bound by the rules of evidence.In brief, it was alleged that the the
decision is void for the following reasons: (1) therewas no valid service of summons; (2) Engineers
Estacio and Dulatre and Atty.Abundiente had no authority to appear and represent petitioner at the
hearings before thearbiters and on appeal to respondent Commission; (3) the decisions of the arbiters
andrespondent Commission are based on unsubstantiated and self-serving evidence and wererendered
in violation of petitioner's right to due process.
Issue: WON publics respondents claim
is tenable.
Held: The labor arbiters and the NLRC must not, at the expense of due process, be thefirst to arbitrarily
disregard specific provisions of the Rules which are precisely intendedto assist the parties in obtaining
the just, expeditious and inexpensive settlement of labordisputes. The decision of the National Labor
Relations Commission, Fifth Division, isannulled and set aside and the case is remanded to the Regional
Arbitration Branch,Iligan City for further proceedings
NOCON, J.:
Brought to fore in this petition for certiorari and prohibition with application for
preliminary injunction is the novel question of where and in what manner appeals
from decisions of the Board of Investments (BOI) should be filed. A thorough
scrutiny of the conflicting provisions of Batas Pambansa Bilang 129, otherwise
known as the "Judiciary Reorganization Act of 1980," Executive Order No. 226,
also known as the Omnibus Investments Code of 1987 and Supreme Court
Circular No. 1-91 is, thus, called for.
Briefly, this question of law arose when BOI, in its decision dated December 10,
1992 in BOI Case No. 92-005 granted petitioner First Lepanto Ceramics, Inc.'s
Elsa M. Caete CPA, MBA, DBA 31
that the same is not among the agencies reorganized by B.P. 129, on the ground
that B.P. 129 is broad and comprehensive, there is no reason why BOI should be
excluded from
Circular 1-91, which is but implementary of said law.
Clearly, Circular 1-91 effectively repealed or superseded Article 82 of E.O. 226
insofar as the manner and method of enforcing the right to appeal from decisions
of the BOI are concerned. Appeals from decisions of the BOI, which by statute
was previously allowed to be filed directly with the Supreme Court, should now
be brought to the Court of Appeals.
WHEREFORE, in view of the foregoing reasons, the instant petition
for certiorari and prohibition with application for temporary restraining order and
preliminary injunction is hereby DISMISSED for lack of merit. The Temporary
Restraining Order issued on July 19, 1993 is hereby LIFTED.
SO ORDERED.
DIGEST
FIRST LEPANTO CERAMICS V. COURT OF APPEALS AND MARIWASA
MANUFACTURINGINC. (1994) (J. NOCON)FACTS:
The case arose when the Bureau of Investments (BOI) granted the
petitioner
s application to
amend its BOI certificate by changing the scope of its registered product
from
glazed floor tiles toceramic tiles. Eventually,
Mariwasa filed an MR of the said BOI decision. Soon rebuffed in its bid
forreconsideration, Mariwasa filed an petition for review with respondent
Court of Appeals pursuan toCircular 1-91.CA temporarily restrained the BOI
from implementing its decision. The TRO lapsed by its own termstwenty (20)
days after its issuance, without issuing any preliminary injunction.Petitioner
filed a motion to dismiss and to lift the restraining order contending that CA
does not have jurisdiction over the BOI case, since the same is
exclusively vested with the Supreme Court pursuant toArticle 82 of EO
226 (the Omnibus Investments Code of 1987).Petitioner argued that the
Elsa M. Caete CPA, MBA, DBA 39
EN BANC
[G.R. No. L-28218. February 27, 1971.]
MAGNO MANUEL, Plaintiff-Appellant, v. MARIANO VILLENA, THE
DIRECTOR OF FORESTRY, THE SECRETARY OF DEPARTMENT OF
AGRICULTURE AND NATURAL RESOURCES, DefendantsAppellees.
Tirso U. Aganon, for Plaintiff-Appellant.
Solicitor General Antonio P. Barredo, Assistant Solicitor General
Antonio A. Torres and Solicitor Alicia V. Sempio-Diy
for Defendants-Appellees.
DECISION
MAKALINTAL, J.:
This is an appeal from the order of the Court of First Instance of Tarlac
dismissing the complaint in Civil Case No. 4226 entitled "Magno
Manuel v. Mariano Villena, the Director of Forestry and the Secretary of
Agriculture and Natural Resources," wherein the plaintiff sought
annulment of the decision of said public officials rejecting his
application for a Tree Farm Permit over a 20-hectare parcel of public
land, which was included in a 66-hectare area covered by a similar
application of private defendant Mariano Villena.
The main thrust of the complaint is that the administrative decision
sought to be set aside violated the plaintiffs right to due process. The
averments in support thereof are substantially as follows: that the
plaintiff had been in continuous possession of the land in question
since 1939; that being an ignorant farmer he did not file his Tree Farm
application (No. 13312) until June 1954; that the Director of Forestry
rejected the same because a prior application (No. 3852) had been
Elsa M. Caete CPA, MBA, DBA 41
showing that "the board or official has gone beyond his statutory
authority, exercised unconstitutional powers or clearly acted arbitrarily
and without regard to his duty or with grave abuse of discretion" 2 or
that the decision is vitiated by fraud, imposition or mistake. 3
The complaint here alleges denial of due process and grave abuse of
discretion, in that appellant was not formally represented by counsel at
any stage of the proceedings before the Director of Forestry and the
Secretary of Agriculture and Natural Resources; that there was no
showing that notice was sent to him so as to afford him an opportunity
to obtain the services of a lawyer; and that the Secretary dismissed
the appeal before the completion of the reinvestigation he had
ordered.
The above circumstances however do not necessarily constitute a
violation of due process or grave abuse of discretion. Section 1838 of
the Revised Administrative Code does not require that the
investigation be in the nature of a court trial. In deciding
administrative questions, administrative bodies or officials generally
enjoy wide discretion. Technical rules of procedure are not strictly
enforced, and due process of law in the strict judicial sense is not
indispensable. 4 It is sufficient that the substantive due process
requirement of fairness and reasonableness be observed.
Appellant does not allege that he was denied opportunity to be heardonly that "there was no showing that a notice was sent to him so as to
afford him opportunity to solicit the services of a lawyer" to represent
him in all stages of the investigation. Absence of previous notice is not
of itself a substantial defect; what the law abhors is the lack of
opportunity to be heard. 5 In this case the plaintiff was not denied
such opportunity, as it appears that he filed two separate motions for
reconsideration before the Director of Forestry and then upon their
denial appealed to the Secretary of Agriculture and Natural Resources.
It was not essential, either, that appellant be represented by a lawyer.
The investigation conducted by the Bureau of Forestry under Section
1838 of the Revised Administrative Code was purely fact-finding. It
was not required to be in the form of a trial where both parties, each
represented by counsel, confront each other and their witnesses. In
any case, appellant does not allege that the presence of a lawyer could
have altered the result of the investigation. He does not even cite any
Elsa M. Caete CPA, MBA, DBA 45
ISSUE: WON the decision of the Secretary of DENR should be set aside
RULING: Under Section 1838 of the RAC, this function falls within the
jurisdiction of the Director of Forestry with the approval of the
Secretary of ANR.
The power thus conferred on the Director of Forestry with the approval
of the Secretary of ANR is basically executive or administrative in
nature. And courts, as a rule, refuse to interfere with the proceedings
undertaken by the administrative bodies or officials in the exercise of
administrative functions. This is so because such bodies are generally
better equipped technically to decide administrative questions and
that non-legal factors, such as government policy on the matter, are
usually involved in the decisions.
THIRD DIVISION
[A.M. No. MTJ-02-1404. December 14, 2004]
EXEC. JUDGE HENRY B. BASILLA, complainant, vs. JUDGE AMADO L.
BECAMON, Clerk of Court LOLITA DELOS REYES and Junior Process
Server EDDIE DELOS REYES, MCTC, Placer-Esperanza-Cawayan,
Masbate, respondents.
RESOLUTION
GARCIA, J.:
Under consideration is the sworn letter-complaint [1] (with enclosures) dated
December 6, 2000 filed with the Office of the Court Administrator by herein
complainant, Executive Judge Henry B. Basilla, of the Regional Trial Court,
Branch 49, Cataingan, Masbate against herein respondents, namely: Judge
Amado L. Becamon of the Municipal Circuit Trial Court (MCTC) of PlacerEsperanza-Cawayan, Masbate; his clerk of court Lolita delos Reyes; and
process server Eddie delos Reyes, charging them with gross neglect of duty
and/or grave misconduct, gross ignorance of the law and violation of Canon 3 of
the Code of Judicial Conduct on the part of respondent judge, relative to Civil
Case No. 288 (MCTC Case No. 263-C), entitledVisitacion Mahusay vda. de Du
vs. Benjamin Du, et al., an action for recovery of possession and ownership of
land.
In an earlier administrative case filed by the same complainant against the
three (3) herein respondents, priorly docketed as A.M. No. MTJ-02-1438,
Elsa M. Caete CPA, MBA, DBA 49
entitled Exec. Judge Henry B. Basilia[2] vs. Judge Amado L. Becamon, Clerk of
Court Lolita delos Reyes and Process Server Eddie delos Reyes, this Court, in
an en banc Resolution promulgated on January 22, 2004 (420 SCRA 608), found
respondent Judge Amado L. Becamon liable for gross ignorance of the law and
procedure and imposed upon him a fine in the amount of P21,000, while his corespondents therein, Lolita delos Reyes and Eddie delos Reyes, were found
guilty of simple neglect of duty and were each fined in the amount equivalent to
one month and one day of their respective salaries.
A close examination of A.M. No. MTJ-02-1438 and the present case, A.M.
No. MTJ-02-1404, reveals that the latter case presents the same matter and
raises the same issues as that of the earlier administrative case. Hereunder is
our comparative study anent the complaint in both cases:
A.M. No. MTJ-02- 1438 arose from an Order dated April 5, 2000 issued by
Executive Judge Henry B. Basilla dismissing the appeal in Civil Case No. 288
(MCTC Case No. 263-C) for being frivolous and filed out of time. In that same
Order, Judge Basilla likewise required herein respondents to explain in writing
why they should not be dealt with administratively. In full, said Order reads:
ORDER
After considering the following facts in the record:
1. Judgment of the court a quo dated January 15, 1999 (mailed to counsels only
on March 2, 1999) was received by defendants-appellants thru counsel
on March 12, 1999 (p. 369, rec.);
2. Motion for reconsideration of the decision by defendants-appellants thru
counsel was filed with the court a quo on March 15, 1999 by registered
mail (p. 371, registry receipt, rec.);
3. Order of the court a quo dated May 7, 1999 denying the motion for
reconsideration (p. 381, rec.);
4. Motion for execution of judgment dated September 9, 1999 filed with the
court a quo on September 14, 1999 (rec.);
5. Order dated February 14, 2000 of the court a quo denying motion for
execution of judgment and granting defendants fifteen (15) days to appeal
(p. 400, rec.);
6. Notice of appeal filed with the court a quo on November 3, 1999 (p. 412, rec.);
7. Appeal fee paid after four (4) months on March 14, 2000 (p. 427, rec.); and
8. Order of the court a quo dated March 14, 2000 approving the appeal. (p. 429,
rec.)
the court hereby resolved to dismiss the appeal for being filed out of time and frivolous.
The court has observed that:
1. Judge Amado L. Becamon, Mrs. Lolita delos Reyes and Mr. Eddie delos Reyes
released the decision only after one month and a half (1 1/2) (p. 365,
registry receipt, rec.) and the order dated May 7, 1999 denying the motion
for reconsideration only after five (5) months (p. 381, registry receipt, rec.);
2. Judge Amado L. Becamon extended the period of appeal fixed by the Rules (p.
400, rec.);
3. The court still received the appeal fee on March 14, 2000 despite the lapse of
the period of appeal (p. 427, rec.); and
4. Judge Amado L. Becamon still approved the appeal despite the lapse of the
period of appeal (p. 429, rec.).
And, considering the gross irregularity in the record, Judge Amado L. Becamon, Mrs.
Lolita delos Reyes, Clerk of Court II, and Eddie delos Reyes, Process Server, of the
4th MCTC of Placer-Cawayan-Esperanza, Masbate are hereby ordered to explain in
writing within ten (10) days from notice why they should not be dealt with
administratively for grave misconduct, ignorance of law and dishonesty.
Furnish a copy of this order to Honorable Court Administrator for his information.
So ordered.
On the other hand, the present case - A.M. No. MTJ-02-1404 - stemmed
from a sworn letter-complaint of the same complainant against the very same
respondents addressed to then Court Administrator Alfredo L. Benipayo. In said
sworn letter-complaint, Judge Henry B. Basilla averred:
In compliance with your letter dated October 25, 2000, I, in my capacity as Executive
Judge, after a careful study of the record in Civil Case No. 288 (MCTC Case No. 263-C)
entitled Visitacion Mahusay vda. de Du, Plaintiff vs. Benjamin Du, et al., Defendants for
Recovery of Possession and Ownership of Land, hereby formally charge administratively
Judge Amado L. Becamon, Mrs. Lolita delos Reyes, Clerk of Court II and Mr. Eddie
delos Reyes, Junior Process Server, of MCTC of Placer-Cawayan-Esperanza, Masbate,
for Gross Neglect of Duty and/or Grave Misconduct, for Ignorance of Law and for
violation of Canon 3 of the Code of Judicial Conduct of 1989 (specially for Judge Amado
L. Becamon) --- committed by freezing and delaying the release of the decision and the
order denying to reconsider it, for one and a half months and five months, respectively,
and extending the period of appeal fixed by the rules, and for receiving the appeal fee and
after which approving the appeal despite the time to do so had long elapsed.
Attached herewith are the following documents:
1.) Annex A Order dated April 5, 2000;
2.) Annex B Judgment of the court a quo dated January 15, 1999 (mailed to
counsel only on March 2, 1999, p. 365, registry receipt, rec.) was received
by defendants-appellants thru counsel on March 12, 1999 (p. 369, rec.);
3.) Annex C Motion for Reconsideration of the decision by defendants-appellants
thru counsel was filed with the court a quo on March 15, 1999 by registered
mail (p. 371, registry receipt, rec.);
4.) Annex D Order of the court a quo dated May 7, 1999 denying the motion for
reconsideration (p. 381, registry receipt, rec.);
5.) Annex E Motion for execution of judgment dated September 9, 1999 filed
with the court a quo on September 14, 1999 (rec.);
6.) Annex F Order dated February 14, 2000 of the court a quo denying motion
for execution of judgment and granting defendants fifteen (15) days to
appeal (p. 400, rec.);
Elsa M. Caete CPA, MBA, DBA 52
6.) Annex G Notice of appeal filed with the court a quo on November 3, 1999 (p.
412, rec.);
8.) Annex H Appeal fee paid after four (4) months on March 14, 2000 (p. 427,
rec.);
9.) Annex I Order of the court a quo dated March 14, 2000 approving the appeal
(p. 429, rec.).
Clear it is from the above that both A.M. No. MTJ-02-1438 and the instant
administrative case - A.M. No. MTJ-02-1404 - refer to the same subject matter,
raise the same issues and involve the same parties.
Applying the principle of res judicata or bar by prior judgment, the present
administrative case becomes dismissible. Section 47, Rule 39 of the Rules of
Court enunciates the rule of res judicata or bar by prior judgment, thus:
SEC. 47. Effect of judgments or final orders. - The effect of a judgment or
final order rendered by a court of the Philippines, having jurisdiction to pronounce the
judgment or final order, may be as follows:
xxx xxx xxx
(b) In other cases, the judgment or final order is, with respect to the matter directly
adjudged or as to any other matter that could have been raised in relation thereto,
conclusive between the parties and their successors-in-interest by title subsequent to the
commencement of the action or special proceeding, litigating for the same thing and
under the same title and in the same capacity;
Under the said doctrine, a matter that has been adjudicated by a court of
competent jurisdiction must be deemed to have been finally and conclusively
settled if it arises in any subsequent litigation between the same parties and for
the same cause.[3] It provides that [a] final judgment on the merits rendered by a
court of competent jurisdiction is conclusive as to the rights of the parties and
their privies; and constitutes an absolute bar to subsequent actions involving the
same claim, demand, or cause of action.[4] Res judicata is based on the ground
that the party to be affected, or some other with whom he is in privity, has
litigated the same matter in the former action in a court of competent jurisdiction,
and should not be permitted to litigate it again.[5]
Elsa M. Caete CPA, MBA, DBA 53
This principle frees the parties from undergoing all over again the rigors of
unnecessary suits and repetitious trials. At the same time, it prevents the
clogging of court dockets. Equally important, res judicata stabilizes rights and
promotes the rule of law.[6]
The records reveal that the two (2) administrative cases stemmed from the
same factual circumstances between the same parties. The earlier administrative
case (A.M. No. MTJ-02-1438) which was already terminated in our en
banc Resolution of January 22, 2004, arose when the OCA was furnished with a
copy of the order dated April 5, 2000 issued by complainant Judge Henry B.
Basilla. Complete record of MCTC Case No. 263-C was also transmitted to the
said office, and, after evaluating the matter, Deputy Court Administrator Jose P.
Perez, in his Report dated April 19, 2002, recommended that the same be redocketed as a regular administrative matter, which recommendation was adopted
by this Court in its Resolution of July 10, 2002, and accordingly had the matter
docketed as A.M. No. MTJ-02-1438.
Meanwhile, on December 6, 2000, Executive Judge Henry B. Basilla, in
compliance with then Court Administrator Alfredo L. Benipayos letter dated
October 25, 2000, filed his sworn letter-complaint formally charging herein
respondents for the same irregularities committed by them relative to the same
MCTC Case No. 263-C. Later, in his January 16, 2002 Report, the incumbent
Court Administrator, Presbitero J. Velasco, Jr., recommended the re-docketing of
the present complaint as a regular administrative matter. And, in our Resolution
datedFebruary 27, 2002, we adopted said recommendation and thus docketed
that very same letter-complaint as A.M. No. MTJ-02-1404. This explain why two
(2) administrative cases, having identical subject matter, cause of action and
involving the same parties existed.
WHEREFORE, the instant administrative complaint is DISMISSED for being
a mere duplication of the complaint in A.M. No. MTJ-02-1438 which, to stress,
was already resolved by this Court in its en banc Resolution promulgated
on January 22, 2004 (420 SCRA 608).
SO ORDERED.
Panganiban,
JJ., concur.
(Chairman),
NO digest
The said document was signed by two witnesses and notarized. The witnesses
signed at the left-hand side of both pages of the document with the said
document having 2 pages in total. Margarita Herrera placed her
thumbmark5 above her name in the second page and at the left-hand margin of
the first page of the document.
The surviving heirs of Beatriz Herrera-Mercado filed a case for annulment of the
Deed of Self-Adjudication before the then Court of First Instance of Laguna,
Branch 1 in Binan, Laguna (now, Regional Trial Court Branch 25). The case for
annulment was docketed as Civil Case No. B-1263.6
On December 29, 1980, a Decision in Civil Case No. B-1263 (questioning the
Deed of Self-Adjudication) was rendered and the deed was declared null and
void.7
During trial on the merits of the case assailing the Deed of Self-Adjudication,
Francisca Herrera filed an application with the NHA to purchase the same lots
submitting therewith a copy of the "Sinumpaang Salaysay" executed by her
mother. Private respondent Almeida, as heir of Beatriz Herrera-Mercado,
protested the application.
In a Resolution8 dated February 5, 1986, the NHA granted the application made
by Francisca Herrera, holding that:
From the evidence of the parties and the records of the lots in question, we
gathered the following facts: the lots in question are portions of the lot
awarded and sold to the late Margarita Herrera on July 28, 1959 by the
defunct Land Tenure Administration; protestant is the daughter of the late
Beatriz Herrera Mercado who was the sister of the protestee; protestee
and Beatriz are children of the late Margarita Herrera; Beatriz was the
transferee from Margarita of Lot Nos. 45, 46, 47, 48 and 49, Block 50; one
of the lots transferred to Beatriz, e.g. Lot 47, with an area of 148 square
meters is in the name of the protestant; protestant occupied the lots in
question with the permission of the protestee; protestee is a resident of the
Tunasan Homesite since birth; protestee was born on the lots in question;
protestee left the place only after marriage but resided in a lot situated in
the same Tunasan Homesite; her (protestee) son Roberto Herrera has
been occupying the lots in question; he has been there even before the
Elsa M. Caete CPA, MBA, DBA 58
The Regional Trial Court issued an Order dated June 14, 1988 dismissing the
case for lack of jurisdiction.17 The Court of Appeals in a Decision dated June 26,
1989 reversed and held that the Regional Trial Court had jurisdiction to hear and
decide the case involving "title and possession to real property within its
jurisdiction."18The case was then remanded for further proceedings on the merits.
A pre-trial was set after which trial ensued.
On March 9, 1998, the Regional Trial Court rendered a Decision setting aside the
resolution of the NHA and the decision of the Office of the President awarding the
subject lots in favor of Francisca Herrera. It declared the deeds of sale executed
by NHA in favor of Herrera's heirs null and void. The Register of Deeds of
Laguna, Calamba Branch was ordered to cancel the Transfer Certificate of Title
issued. Attorney's fees were also awarded to private respondent.
The Regional Trial Court ruled that the "Sinumpaang Salaysay" was not an
assignment of rights but a disposition of property which shall take effect upon
death. It then held that the said document must first be submitted to probate
before it can transfer property.
Both the NHA and the heirs of Francisca Herrera filed their respective motions for
reconsideration which were both denied on July 21, 1998 for lack of merit. They
both appealed to the Court of Appeals. The brief for the heirs of Francisca
Herrera was denied admission by the appellate court in a Resolution dated June
14, 2002 for being a "carbon copy" of the brief submitted by the NHA and for
being filed seventy-nine (79) days late.
On August 28, 2003, the Court of Appeals affirmed the decision of the Regional
Trial Court, viz:
There is no dispute that the right to repurchase the subject lots was
awarded to Margarita Herrera in 1959. There is also no dispute that
Margarita executed a "Sinumpaang Salaysay" on October 7, 1960.
Defendant NHA claims that the "Sinumpaang Salaysay" is, in effect, a
waiver or transfer of rights and interest over the subject lots in favor of
Francisca Herrera. This Court is disposed to believe otherwise. After a
perusal of the "Sinumpaang Salaysay" of Margarita Herrera, it can be
ascertained from its wordings taken in their ordinary and grammatical
sense that the document is a simple disposition of her estate to take effect
Elsa M. Caete CPA, MBA, DBA 60
after her death. Clearly the Court finds that the "Sinumpaang Salaysay" is
a will of Margarita Herrera. Evidently, if the intention of Margarita Herrera
was to merely assign her right over the lots to her daughter Francisca
Herrera, she should have given her "Sinumpaang Salaysay" to the
defendant NHA or to Francisca Herrera for submission to the defendant
NHA after the full payment of the purchase price of the lots or even prior
thereto but she did not. Hence it is apparent that she intended the
"Sinumpaang Salaysay" to be her last will and not an assignment of rights
as what the NHA in its resolution would want to make it appear. The
intention of Margarita Herrera was shared no less by Francisca Herrera
who after the former's demise executed on August 22, 1974 a Deed of
Self-Adjudication claiming that she is her sole and legal heir. It was only
when said deed was questioned in court by the surviving heirs of Margarita
Herrera's other daughter, Beatriz Mercado, that Francisca Herrera filed an
application to purchase the subject lots and presented the "Sinumpaang
Salaysay" stating that it is a deed of assignment of rights.19
The Court of Appeals ruled that the NHA acted arbitrarily in awarding the lots to
the heirs of Francisca Herrera. It upheld the trial court ruling that the
"Sinumpaang Salaysay" was not an assignment of rights but one that involved
disposition of property which shall take effect upon death. The issue of whether it
was a valid will must first be determined by probate.
Petitioner NHA elevated the case to this Court.
Petitioner NHA raised the following issues:
A. WHETHER OR NOT THE RESOLUTION OF THE NHA AND THE
DECISION OF THE OFFICE OF THE PRESIDENT HAVE ATTAINED
FINALITY, AND IF SO, WHETHER OR NOT THE PRINCIPLE OF
ADMINISTRATIVE RES JUDICATA BARS THE COURT FROM FURTHER
DETERMINING WHO BETWEEN THE PARTIES HAS PREFERENTIAL
RIGHTS FOR AWARD OVER THE SUBJECT LOTS;
B. WHETHER OR NOT THE COURT HAS JURISDICTION TO MAKE THE
AWARD ON THE SUBJECT LOTS; AND
C. WHETHER OR NOT THE AWARD OF THE SUBJECT LOTS BY THE
NHA IS ARBITRARY.
Elsa M. Caete CPA, MBA, DBA 61
the original awardee, to Francisca Herrera was then applying to purchase the
same before it."32
We are not impressed. When the petitioner received the "Sinumpaang Salaysay,"
it should have noted that the effectivity of the said document commences at the
time of death of the author of the instrument; in her words "sakaling ako'y bawian
na ng Dios ng aking buhay" Hence, in such period, all the interests of the
person should cease to be hers and shall be in the possession of her estate until
they are transferred to her heirs by virtue of Article 774 of the Civil Code which
provides that:
Art. 774. Succession is a mode of acquisition by virtue of which the
property, rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to another
or others either by his will or by operation of law.33
By considering the document, petitioner NHA should have noted that the original
applicant has already passed away. Margarita Herrera passed away on October
27, 1971.34 The NHA issued its resolution35 on February 5, 1986. The NHA gave
due course to the application made by Francisca Herrera without considering that
the initial applicant's death would transfer all her property, rights and obligations
to the estate including whatever interest she has or may have had over the
disputed properties. To the extent of the interest that the original owner had over
the property, the same should go to her estate. Margarita Herrera had an interest
in the property and that interest should go to her estate upon her demise so as to
be able to properly distribute them later to her heirsin accordance with a will or
by operation of law.
The death of Margarita Herrera does not extinguish her interest over the
property. Margarita Herrera had an existing Contract to Sell36 with NHA as the
seller. Upon Margarita Herrera's demise, this Contract to Sell was neither nullified
nor revoked. This Contract to Sell was an obligation on both partiesMargarita
Herrera and NHA. Obligations are transmissible.37 Margarita Herrera's obligation
to pay became transmissible at the time of her death either by will or by operation
of law.
If we sustain the position of the NHA that this document is not a will, then the
interests of the decedent should transfer by virtue of an operation of law and not
Elsa M. Caete CPA, MBA, DBA 64
by virtue of a resolution by the NHA. For as it stands, NHA cannot make another
contract to sell to other parties of a property already initially paid for by the
decedent. Such would be an act contrary to the law on succession and the law
on sales and obligations.38
When the original buyer died, the NHA should have considered the estate of the
decedent as the next "person"39likely to stand in to fulfill the obligation to pay the
rest of the purchase price. The opposition of other heirs to the repurchase by
Francisca Herrera should have put the NHA on guard as to the award of the lots.
Further, the Decision in the said Civil Case No. B-1263 (questioning the Deed of
Self-Adjudication) which rendered the deed therein null and void40 should have
alerted the NHA that there are other heirs to the interests and properties of the
decedent who may claim the property after a testate or intestate proceeding is
concluded. The NHA therefore acted arbitrarily in the award of the lots.
We need not delve into the validity of the will. The issue is for the probate court to
determine. We affirm the Court of Appeals and the Regional Trial Court which
noted that it has an element of testamentary disposition where (1) it devolved
and transferred property; (2) the effect of which shall transpire upon the death of
the instrument maker.41
IN VIEW WHEREOF, the petition of the National Housing Authority is DENIED.
The decision of the Court of Appeals in CA-G.R. No. 68370 dated August 28,
2003, affirming the decision of the Regional Trial Court of San Pedro, Laguna in
Civil Case No. B-2780 dated March 9, 1998, is hereby AFFIRMED.
No cost.
SO ORDERED.
DIGEST
NHA v. Segunda Almeida, CAG.R. No. 162784; June 22, 2007Facts:
The Land Tenure Administration awarded to Margarita Herrera several portions
of land inSan Pedro, Laguna. She had two children, Francisca and Beatriz(she
died before her mom;mother of PR). When Margarita passed away, Francisca
executed a deed of self-adjudication claiming that she was the only remaining
relative of Margarita. The deed of was based on a 'Sinumpaang Salaysay' allegedly
executed by Margarita. The survivingheirs of Beatriz filed a case for annulment of
the deed. A decision was rendered and thedeed was declared null and void.
Elsa M. Caete CPA, MBA, DBA 65
During the trial, Francisca filed an application with theNHA to purchase the same
lots. The NHA granted the application.The PR appealed to the Office of the President.
The NHA reso was affirmed.When Francisca died, her heirs executed an
extrajudicial settlement of her estate whichthey submitted to the NHA. The
transfer of rights was approved by the NHA. The heirs of Francisca directed PR to
leave the premises that she was occupying.Feeling aggrieved, PR sought the
cancellation of the titles issued in favor of the heirs of Francisca. She filed a
complaint in the RTC of San Pedro, Laguna. She invoked her 40 yearoccupation
of the property and re-raised the fact that Francisca's declaration is a
nullitybecause the other heirs were disregarded. The RTC dismissed the case for
lack of jurisdiction. The CA reversed the decision and remanded the case for
further hearing.The RTC rendered a decision setting aside the resolution of the
NHA and the decision of the Office of the President. The Regional Trial Court
ruled that the "Sinumpaang Salaysay"was not an assignment of rights but a
disposition of property which shall take effect upondeath. It then held that the
said document must first be submitted to probate before it cantransfer
property.The NHA and the heirs of Francisca filed their respective motions which
were both denied.The CA affirmed the decision of the trial court.
Issue:
WON the decision of NHA is arbitrary.
Ruling:
Yes. The NHA gave due course to the application made by Francisca Herrera
without considering that the initial applicant's death would transfer all her
property, rights and
obligations to the estate including whatever interest she has or may have had
over thedisputed properties. To the extent of the interest that the original owner
had over theproperty, the same should go to her estate. Margarita Herrera had an
interest in theproperty and that interest should go to her estate upon her demise
so as to be able toproperly distribute them later to her heirs
in accordance with a will or by operation of law.When the original buyer died, the
NHA should have considered the estate of the decedent as the next "person"
likely to stand in to fulfill the obligation to pay the rest of the purchaseprice. The
opposition of other heirs to the repurchase by Francisca Herrera should haveput
the NHA on guard as to the award of the lots. Further, the Decision in the said
CivilCase No. B-1263 (questioning the Deed of Self-Adjudication) which rendered
the deedtherein null and void should have alerted the NHA that there are other
heirs to theinterests and properties of the decedent who may claim the property
after a testate orintestate proceeding is concluded. The NHA therefore acted
arbitrarily in the award of thelots
Elsa M. Caete CPA, MBA, DBA 66
FIRST DIVISION
JUDGE FELIMON ABELITA III, G.R. No. 170672
Petitioner,
Present:
PUNO, C.J., Chairperson,
Elsa M. Caete CPA, MBA, DBA 67
- versus - CARPIO,
CORONA,
LEONARDO-DE CASTRO, and
BERSAMIN, JJ.
P/SUPT. GERMAN B. DORIA Promulgated:
and SPO3 CESAR RAMIREZ,
Respondents. August 14, 2009
x - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
DECISION
CARPIO, J.:
The Case
Before the Court is a petition for review[1] assailing the 10 July 2004 Decision[2] and 18
October 2004 Order[3] of the Regional Trial Court of Quezon City, Branch 217 (trial
court), in Civil Case No. Q-98-33442 for Damages.
produced a .45 caliber pistol which he allegedly found inside the vehicle. Respondents
arrested petitioner and detained him, without any appropriate charge, at the PNP special
detention cell.
P/Supt. Doria alleged that his office received a telephone call from a relative of Rosa Sia
about a shooting incident in Barangay Nursery. He dispatched a team headed by SPO3
Ramirez to investigate the incident. SPO3 Ramirez later reported that a certain William
Sia was wounded while petitioner, who was implicated in the incident, and his wife just
left the place of the incident. P/Supt. Doria looked for petitioner and when he found him,
he informed him of the incident report. P/Supt. Doria requested petitioner to go with him
to the police headquarters as he was reported to be involved in the incident. Petitioner
agreed but suddenly sped up his vehicle and proceeded to his residence. P/Supt. Doria
and his companions chased petitioner. Upon reaching petitioners residence, they caught
up with petitioner as he was about to run towards his house. The police officers saw a gun
in the front seat of the vehicle beside the drivers seat as petitioner opened the door. They
also saw a shotgun at the back of the drivers seat. The police officers confiscated the
firearms and arrested petitioner. P/Supt. Doria alleged that his men also arrested other
persons who were identified to be with petitioner during the shooting incident.Petitioner
was charged with illegal possession of firearms and frustrated murder. An administrative
case was also filed against petitioner before this Court.[4]
The Decision of the Trial Court
In its 10 July 2004 Decision, the trial court dismissed petitioners complaint.
The trial court found that petitioner was at the scene of the shooting incident in Barangay
Nursery. The trial court ruled that the police officers who conducted the search were of
the belief, based on reasonable grounds, that petitioner was involved in the incident and
that the firearm used in the commission of the offense was in his possession. The trial
court ruled that petitioners warrantless arrest and the warrantless seizure of the firearms
were valid and legal. The trial court gave more credence to the testimonies of respondents
who were presumed to have performed their duties in accordance with law. The trial court
rejected petitioners claim of frame-up as weak and insufficient to overthrow the positive
testimonies of the police officers who conducted the arrest and the incidental search. The
trial court
concluded that petitioners claim for damages under Article 32 of the Civil Code is not
warranted under the circumstances.
Petitioner filed a motion for reconsideration.
In its 18 October 2004 Order, the trial court denied the motion.
Elsa M. Caete CPA, MBA, DBA 69
2.
3.
Petitioner alleges that his arrest and the search were unlawful under Section 5, Rule 113
of the 1985 Rules on Criminal Procedure. Petitioner alleges that for the warrantless arrest
to be lawful, the arresting officer must have personal knowledge of facts that the person
to be arrested has committed, is actually committing, or is attempting to commit an
offense. Petitioner alleges that the alleged shooting incident was just relayed to the
arresting officers, and thus they have no personal knowledge of facts as required by the
Rules.
We do not agree.
Section 5, Rule 113 of the 1985 Rules on Criminal Procedure states:
Sec. 5. Arrest without warrant; when lawful. A peace officer or a private
person may, without a warrant, arrest a person:
Elsa M. Caete CPA, MBA, DBA 70
The seizure of the firearms was justified under the plain view doctrine.
Under the plain view doctrine, objects falling in the plain view of an officer who has a
right to be in the position to have that view are subject to seizure and may be presented as
evidence.[9] The plain view doctrine applies when the following requisites concur: (1) the
law enforcement officer in search of the evidence has a prior justification for an intrusion
or is in a position from which he can view a particular area; (2) the discovery of the
evidence in plain view is inadvertent; and (3) it is immediately apparent to the officer that
the item he observes may be evidence of a crime, contraband or otherwise subject to
seizure.[10]
In this case, the police authorities were in the area because that was where they caught up
with petitioner after the chase. They saw the firearms inside the vehicle when petitioner
opened the door. Since a shooting incident just took place and it was reported that
petitioner was involved in the incident, it was apparent to the police officers that the
firearms may be evidence of a crime. Hence, they were justified in seizing the firearms.
Civil Liability Under Article 32 of the Civil Code
Petitioner alleges that respondents are civilly liable under paragraphs (4) and (9) of
Article 32 of the Civil Code.
Paragraphs (4) and (9) of Article 32 of the Civil Code respectively state:
Art. 32. Any public officer or employee, or any private individual, who
directly or indirectly obstructs, defeats, violates or in any manner impedes
or impairs any of the following rights and liberties of another person shall
be liable to the latter for damages:
xxxx
(4) Freedom from arbitrary or illegal detention;
xxxx
(9) The right to be secure in ones person, house, papers, and effects against unreasonable
searches and seizures;
Elsa M. Caete CPA, MBA, DBA 72
xxxx
In this case, it was established that petitioner was lawfully arrested
without a warrant and that firearms were validly seized from his
possession. The trial court found that petitioner was charged with
illegal possession of firearms and frustrated murder. We agree with
the trial court in rejecting petitioners allegation that he was merely
framed-up. We also agree with the trial court that respondents were
presumed to be performing their duties in accordance with
law. Hence, respondents should not be held civilly liable for their
actions.
Res Judicata Does Not Apply
Respondents raise the defense of res judicata against petitioners claim for damages.
Res judicata has two aspects: bar by prior judgment and conclusiveness of judgment
provided under Section 47(b) and (c), Rule 39, respectively, of the 1997 Rules of Civil
Procedure[11] which provide:
Sec. 47. Effect of judgments or final orders. The effect of a judgment or
final order rendered by a court of the Philippines, having jurisdiction to
pronounce the judgment or final order, may be as follows:
xxx
(b) In other cases, the judgment or final order is, with respect to the matter directly
adjudged or as to any other matter that could have been raised in relation thereto,
conclusive between the parties and their successors in interest by title subsequent to the
commencement of the action or special proceeding, litigating for the same thing and
under the same title and in the same capacity; and
(c) In any other litigation between the same parties or their successors in interest, that
only is deemed to have been adjudged in a former judgment or final order which appears
upon its face to have been so adjudged, or which was actually and necessarily included
therein or necessary thereto.
Bar by prior judgment and conclusiveness of judgment differ as follows:
There is bar by prior judgment when, as between the first case where the
judgment was rendered and the second case that is sought to be barred,
there is identity of parties, subject matter, and causes of action. In this
instance, the judgment in the first case constitutes an absolute bar to the
second action. Otherwise put, the judgment or decree of the court of
competent jurisdiction on the merits concludes the litigation between the
parties, as well as their privies, and constitutes a bar to a new action or suit
involving the same cause of action before the same or other tribunal.
But where there is identity of parties in the first and second cases, but no
identity of causes of action, the first judgment is conclusive only as to those
matters actually and directly controverted and determined and not as to
matters merely involved therein. This is the concept of res judicata known
as conclusiveness of judgment. Stated differently, any right, fact or matter
in issue directly adjudicated or necessarily involved in the determination of
an action before a competent court in which judgment is rendered on the
merits is conclusively settled by the judgment therein and cannot again be
litigated between the parties and their privies whether or not the claim,
demand, purpose, or subject matter of the two actions is the same.[12]
There is no identity of parties between the present case and the administrative case. The
administrative case was filed by Benjamin Sia Lao (Sia Lao) against petitioner. Sia Lao is
not a party to this case. Respondents in the present case were not parties to the
administrative case between Sia Lao and petitioner. In the present case, petitioner is the
complainant against respondents. Hence, while res judicata is not a defense to petitioners
complaint for damages, respondents nevertheless cannot be held liable for damages as
discussed above.
WHEREFORE, we DENY the petition. We AFFIRM the 10 July 2004 Decision and 18
October 2004 Order of the Regional Trial Court of Quezon City, Branch 217, in Civil
Case No. Q-98-33442.
SO ORDERED.
DIGEST
Judge Felimon Abelita III vs P/Supt German Doria & SPO3 Cesar
Ramirez
GR No. 170627
August 14, 2009
Facts:
Petitioner (Judge Abelita) filed a complaint for damages under Art.
32(4) and (9) of the Civil Code against Respondents (Doria and
Ramirez). Petitioner alleged that he and his wife was on their home
when the respondents accompanied by 10 unidentified police
officers,requested them to proceed to the PNP headquarters. Petitioner
alleged that he would proceed to to the PNP HQ after he had brought
his wife home. Petitoner alleged that when she parked his car in front
of their house, SPO3 Ramirez grabbed him and took his car keys, bared
into the vehicle and conducted as search without a warrant. The search
resulted to the seizure of a licensed shotgun and a unlicensed .45
caliber pistol allegedly found inside the vehicle.
Issue:
Whether or not the arrest and seizure was valid.
Whether or not the Respondents are liable for damages.
Whether the findings in the administrative case against petitioner is
conclusive in this case.
Ruling:
Yes, the seizure was valid under plain view doctrine, objects falling in
the plain view of an officer who has a right to be in the position to have
that view are subject to seizure and may be presented as evidence.
The requisites of plain view are:
the law enforcement officer in search of the evidence has a prior
justification for an intrusion or is in a position from which he can view a
particular area;
the discovery of evidence in plain view is inadvertent; and
Elsa M. Caete CPA, MBA, DBA 76
No, the court did not agree that petitioner was framed-up and that the
respondents were presumed to be performing their duties in
accordance with law. They should not be held liable for damages.
While the present case and the administrative case are based on the
same essential facts and circumstances, the doctrine of res judicata
will not apply. The requisites of res judicata are:
the former judgment must be final;
it must be a judgment or order on the merits, that is, it was rendered
after a consideration of the evidence or stipulation submitted by the
parties at the trial of the case;
it must have been rendered by a court having jurisdiction over the
subject matter and the parties;
there must be, between the first and second actions, identity of the
parties, of subject matter, and cause of action; this requisite is satisfied
f the two actions are substantially between the same parties.
A administrative case deals with the administrative liability which may
be incurred by the respondent for the commission of the acts
complained of. This case deals with the civil liability for damages of the
police officers. There is no identity of causes of action in the cases.
While identity of causes of action is not required in the application of
res judicata in the concept of conclusiveness of judgment, it is required
that there must always be identity of parties in the first and second
cases. There is no identity of parties since the administrative case was
filed by Bejamin Sia Lao against petitioner and Benjamin is not a party
to this case.
Petitioner,
Present:
PUNO, C.J.,
QUISUMBING,
YNARES-SANTIAGO,
- versus -
CARPIO,
AUSTRIA-MARTINEZ,
CORONA,*
CARPIO MORALES,
AZCUNA,
TINGA,
CHICO-NAZARIO,
INTERPORT
RESOURCES
CORPORATION, MANUEL S.
RECTO, RENE S. VILLARICA,
PELAGIO RICALDE, ANTONIO
REINA,
FRANCISCO
ANONUEVO, JOSEPH SY and
SANTIAGO TANCHAN, JR.,
VELASCO, JR.,
NACHURA,**
REYES,
DE CASTRO, and
BRION,** JJ.
Respondents.
Promulgated:
October 6, 2008
x-------------------------------------------------x
DECISION
CHICO-NAZARIO, J.:
On the side, IRC would acquire 67% of the entire capital stock of
Philippine Racing Club, Inc. (PRCI). PRCI owns 25.724 hectares of real
estate property in Makati.Under the Agreement, GHB, a member of
the Westmont Group of Companies in Malaysia, shall extend or
arrange a loan required to pay for the proposed acquisition by IRC of
PRCI.[4]
The SEC averred that it received reports that IRC failed to make
timely public disclosures of its negotiations with GHB and that some
of its directors, respondents herein, heavily traded IRC shares utilizing
this material insider information. On 16 August 1994, the SEC
Chairman issued a directive requiring IRC to submit to the SEC a copy
of its aforesaid Memorandum of Agreement with GHB. The SEC
Elsa M. Caete CPA, MBA, DBA 80
In compliance with the SEC Chairmans directive, the IRC sent a letter
dated 16 August 1994 to the SEC, attaching thereto copies of the
Memorandum
of
Agreement. Its
directors,
Manuel
Recto,
Rene Villarica and Pelagio Ricalde, also appeared before the SEC
on 22 August 1994 to explain IRCs alleged failure to immediately
disclose material information as required under the Rules on
Disclosure of Material Facts.[7]
no statutory authority for the SEC to initiate and file any suit for civil
liability under Sections 8, 30 and 36 of the Revised Securities
Act. Thus, it ruled that no civil, criminal or administrative proceedings
may possibly be held against the respondents without violating their
rights to due process and equal protection. It further resolved that
absent any implementing rules, the SEC cannot be allowed to quash
the assailed Omnibus Orders for the sole purpose of re-filing the same
case against the respondents.[20]
The Court of Appeals further decided that the Rules of Practice
and Procedure Before the PED, which took effect on 14 April 1990, did
not comply with the statutory requirements contained in the
Administrative Code of 1997. Section 8, Rule V of the Rules of Practice
and Procedure Before the PED affords a party the right to be present
but without the right to cross-examine witnesses presented against
him, in violation of Section 12(3), Chapter 3, Book VII of the
Administrative Code. [21]
II
III
Thus, under the new law, the PED has been abolished, and the
Securities Regulation Code has taken the place of the Revised
Securities Act.
It can be deduced from the foregoing that the nature and reliability of a
significant fact in determining the course of action a reasonable person
takes regarding securities must be clearly viewed in connection with
the particular circumstances of a case. To enumerate all circumstances
that would render the nature and reliability of a fact to be of special
significance is close to impossible. Nevertheless, the proper
adjudicative body would undoubtedly be able to determine if facts of a
certain nature and reliability can influence a reasonable persons
decision to retain, sell or buy securities, and thereafter explain and
justify its factual findings in its decision.
Section 36(a) refers to the beneficial owner. Beneficial owner has been
defined in the following manner:
Among the words or phrases that this Court upheld as valid standards
were simplicity and dignity,[52] public interest,[53] and interests of law
and order.[54]
SEC only on 24 July 1996 does not render ineffective in the meantime
Section 36 of the Revised Securities Act. It is already unequivocal that
the Revised Securities Act requires full disclosure and the Full
Disclosure Rules were issued to make the enforcement of the law more
consistent, efficient and effective. It is equally reasonable to state that
the disclosure forms later provided by the SEC, do not, in any way
imply that no compliance was required before the forms were
provided. The effectivity of a statute which imposes reportorial
requirements cannot be suspended by the issuance of specified forms,
especially where compliance therewith may be made even without
such forms. The forms merely made more efficient the processing of
requirements already identified by the statute.
For the same reason, the Court of Appeals made an evident mistake
when it ruled that no civil, criminal or administrative actions can
possibly be had against the respondents in connection with Sections 8,
30 and 36 of the Revised Securities Act due to the absence of
implementing rules. These provisions are sufficiently clear and
complete by themselves. Their requirements are specifically set out,
and the acts which are enjoined are determinable. In particular, Section
8[55] of the Revised Securities Act is a straightforward enumeration of
the procedure for the registration of securities and the particular
matters which need to be reported in the registration statement
thereof. The Decision, dated 20 August 1998, provides no valid reason
to exempt the respondent IRC from such requirements. The lack of
implementing rules cannot suspend the effectivityof these provisions.
Thus, this Court cannot find any cogent reason to prevent the SEC from
exercising its authority to investigate respondents for violation of
Section 8 of the Revised Securities Act.
As such, the PED Rules provided that the Hearing Officer may require
the parties to submit their respective verified position papers, together
with all supporting documents and affidavits of witnesses. A formal
hearing was not mandatory; it was within the discretion of the Hearing
Officer to determine whether there was a need for a formal
hearing.Since, according to the foregoing rules, the holding of a
hearing before the PED is discretionary, then the right to crossexamination could not have been demanded by either party.
Investigate,
commonly
understood,
means
to
examine, explore, inquire or delve or probe into, research
on, study. The dictionary definition of investigate is to
observe or study closely; inquire into systematically: to
search or inquire into xx to subject to an official probe xx: to
conduct an official inquiry. The purpose of an investigation,
of course is to discover, to find out, to learn, obtain
information. Nowhere included or intimated is the notion of
settling, deciding or resolving a controversy involved in the
facts inquired into by application of the law to the facts
established by the inquiry.
xxxx
xxxx
(j)
xxxx
xxxx
To repeat, the only powers which the PED was likely to exercise
over the respondents were investigative in nature, to wit:
b.
xxxx
e.
f.
The authority granted to the PED under Section 1(b), (e), and (f), Rule II
of the PED Rules of Practice and Procedure, need not comply with
Section 12, Chapter 3, Rule VII of the Administrative Code, which
affects only the adjudicatory functions of administrative bodies. Thus,
the PED would still be able to investigate the respondents under its
rules for their alleged failure to disclose their negotiations with GHB
and the transactions entered into by its directors involving IRC shares.
As a consequence, in proceedings before administrative or quasijudicial bodies, such as the National Labor Relations Commission and
the Philippine Overseas Employment Agency, created under laws which
authorize summary proceedings, decisions may be reached on the
basis of position papers or other documentary evidence only.They are
not bound by technical rules of procedure and evidence. [59] In fact, the
hearings before such agencies do not connote full adversarial
proceedings.[60] Thus, it is not necessary for the rules to require affiants
to appear and testify and to be cross-examined by the counsel of the
adverse party. To require otherwise would negate the summary nature
of the administrative or quasi-judicial proceedings. [61] In Atlas
Consolidated Mining and Development Corporation v. Factoran, Jr.,
[62]
this Court stated that:
Elsa M. Caete CPA, MBA, DBA 109
In the present case, a criminal case may still be filed against the
respondents despite the repeal, since Sections 8, [65] 12,[66] 26,
[67]
27[68] and 23[69] of the Securities Regulations Code impose duties
that are substantially similar to Sections 8, 30 and 36 of the repealed
Revised Securities Act.
The case at bar is comparable to the aforecited case. In this case, the
SEC already commenced the investigative proceedings against
respondents as early as 1994. Respondents were called to appear
before the SEC and explain their failure to disclose pertinent
information on 14 August 1994. Thereafter, the SEC Chairman, having
already made initial findings that respondents failed to make timely
disclosures of their negotiations with GHB, ordered a special
investigating panel to hear the case. The investigative proceedings
were interrupted only by the writ of preliminary injunction issued by
the Court of Appeals, which became permanent by virtue of the
Decision, dated 20 August 1998, in C.A.-G.R. SP No. 37036. During
the pendency of this case, the Securities Regulations Code repealed
the Revised Securities Act. As in Morato v. Court of Appeals, the repeal
cannot deprive SEC of its jurisdiction to continue investigating the
case; or the regional trial court, to hear any case which may later be
filed against the respondents.
has
not
yet
Respondents have taken the position that this case is moot and
academic, since any criminal complaint that may be filed against them
resulting from the SECs investigation of this case has already
prescribed.[73] They point out that the prescription period applicable to
offenses punished under special laws, such as violations of the Revised
Securities Act, is twelve years under Section 1 of Act No. 3326, as
amended by Act No. 3585 and Act No. 3763, entitled An Act to
Establish Periods of Prescription for Violations Penalized by Special Acts
and Municipal Ordinances and to Provide When Prescription Shall Begin
to Act.[74] Since the offense was committed in 1994, they reasoned that
prescription set in as early as 2006 and rendered this case moot. Such
position, however, is incongruent with the factual circumstances of this
case, as well as the applicable laws and jurisprudence.
While the SEC investigation serves the same purpose and entails
substantially similar duties as the preliminary investigation conducted
by
the
DOJ,
this
process
cannot
simply
be
[77]
disregarded. In Baviera v. Paglinawan,
this Court enunciated that a
criminal complaint is first filed with the SEC, which determines the
existence of probable cause, before a preliminary investigation can
be commenced by the DOJ. In the aforecited case, the complaint filed
directly with the DOJ was dismissed on the ground that it should have
been filed first with the SEC. Similarly, the offense was a violation of
the Securities Regulations Code, wherein the procedure for criminal
prosecution was reproduced from Section 45 of the Revised Securities
Act. [78] This Court affirmed the dismissal, which it explained thus:
The said case puts in perspective the nature of the investigation undertaken by the
SEC, which is a requisite before a criminal case may be referred to the DOJ. The Court
declared that it is imperative that the criminal prosecution be initiated before the SEC, the
administrative agency with the special competence.
and Procedure was also raised as an issue. The Court of Appeals, thus,
reasoned that if the quashal of the orders was granted, then it would
be deprived of the opportunity to determine the validity of the
aforementioned rules and statutory provisions. In addition, the SEC
would merely pursue the same case without the Court of Appeals
having determined whether or not it may do so in accordance with due
process requirements. Absent a determination of whether the SEC may
file a case against the respondents based on the assailed provisions of
the Revised Securities Act, it would have been improper for the Court
of Appeals to grant the SECs Motion for Leave to Quash SEC Omnibus
Orders.
SO ORDERED.
Elsa M. Caete CPA, MBA, DBA 120
DIGEST
Securities and Exchange Commission v. Interport Resources CorporationNATURE:
Petition for Review on
Certiorari
under Rule 45 of the Rules of Court,assailing the Decision,
1
dated 20 August 1998, rendered by the Court of Appeals inC.A.-G.R. SP No. 37036,
enjoining petitioner Securities and Exchange Commission(SEC) from taking cognizance of
or initiating any action against the respondentcorporation Interport Resources Corporation
(IRC) and members of its board of directors, respondents Manuel S. Recto, Rene S.
Villarica, Pelagio Ricalde, AntonioReina, Francisco Anonuevo, Joseph Sy and Santiago
Tanchan, Jr., with respect toSections 8, 30 and 36 of the Revised Securities Act.
Doctrine
: The mere absence of implementing rules cannot effectively invalidate provisions of law
where a reasonable construction that will support the law may begiven. It is well
established that administrative authorities have the power to promulgate rules and
regulations to confirm to the terms and standards prescribed by the statute as well
as purport to carry into effect its general policies.The insider's misuse of nonpublic and
undisclosed information is the gravamen of illegal conduct. The intent of the law is the
protection of investors against fraud,committed when an insider, using secret information,
takes advantage of anuninformed investor. Insiders are obligated to disclose material
information to theother party or abstain from trading the shares of his corporation. This duty
todisclose or abstain is based n 2 factors: 1) the existence of a relationship giving access,
directly or indirectly to information intended to be available only for acorporate purpose and
not for the personal benefit of anyone and 2) the inherent unfairness involved when a party
takes advantage of such information knowing it isunavailable to those with whom he is
dealing.
Facts:
- The Board of Directors of IRC approved a Memorandum of Agreement with GHB(Ganda
Holdings Berhad). Under said memorandum of agreement,
IRC acquired100% of the entire capital stock of GEHI (Ganda Energy Holdings Inc.)
whichwould own and operate a 102 megawatt gas turbine power generating barge.
Inexchange, IRC will issue to GHB 55% of the expanded capital stock of IRC.
Onthe side, IRC would acquire 67% of the entire capital of PRCI (Philippine RacingClub).- It
is alleged herein that a press release announcing the approval of the agreementwas sent to
the Philippine Stock Exchange through facsimile and the SEC, but thefacsimile machine of
the SEC could not receive it. However, the
SEC receivedreports that the IRC failed to make timely public disclosures of its
negotiationswith GHB and that some of its directors, heavily traded IRC shares
utilizingthis material insider information.
For this reason, the SEC required the directorsto appear before the SEC to explain the
alleged failure to disclose materialinformation as required by the Rules on Disclosure of
Material Facts. Unsatisfiedwith the explanation, the
SEC issued an order finding that the IRC violated theRules in connection with the
then Old Securities Act when it failed to maketimely disclosures of its negotiations
with GHB. In addition, the SEC foundthat the directors of IRC entered into
transactions involving IRC shares inviolation of the Revised Securities Act.
- Respondents, however, questioned the authority of the SEC to investigate on saidmatter
since according to PD 902-A, jurisdiction upon the matter was conferred uponthe PED
(Prosecution and Enforcement Department) of the SEC however, thisissue is already moot
since pending the disposition of the case, the SecuritiesRegulation Code was passed
thereby effectively repealing PD 902-A and abolishingthe PED. They also contended that
their right to due process was violated when theSEC required them to appear before the
SEC to show cause why sanctions shouldnot be imposed upon them since such
requirement shifted the burden of proof torespondents.The case reached the CA and said
court ruled in favor of the respondents andeffectively enjoined the SEC from filing any
criminal, civil or administrative casesagainst respondents. In its resolution, the CA stated that
since there are no rulesand regulations implementing the rules regarding
DISCLOSURE, INSIDERTRADING OR ANY OF THE PROVISIONS OF THE REVISED
SECURITIES ACT,
the SEC has no statutory authority to file any suit against respondents. The CA,therefore,
prohibited the SEC from taking cognizance or initiating any action againstthe respondents for
the alleged violations of the Revised Securities Act.
Issue:
1.) Whether or not the SEC has authority to file suit against respondents for violations of the
RSA.2.) Whether or not their right to due process was violated when the SEC denied
theparties of their right to cross examination.
Ratio:- The Revised Securities Act does not require the enactment of
implementingrules to make it binding and effective. The provisions of the RSA
aresufficiently clear and complete by themselves. The requirements arespecifically
set out and the acts which are enjoined are determinable.
To tulethat absence of implementing rules can render ineffective an act of Congress
wouldempower administrative bodies to defeat the legislative will by delaying
theimplementing rules. Where the statute contains sufficient standards and anunmistakable
intent (as in this case, the RSA) there should be no impediment as toits implementation.- The
court does not discern any vagueness or ambiguity in the RSA such that theacts proscribed
and/or required would not be understood by a person of ordinaryintelligence
P2.30
3.00
4.50
5.50
6.50
7.50
8.00
9.00
13.00
17.00
METER RATE
For the first 15
P0.40
.30
.25
.20
In other words, the present rates of the Vigan Electric Light Co., Inc. may
be reduced by 17.84%, or in round figure, by 18%.
Upon consideration of the foregoing, and finding that the Vigan Electric
Light Co., Inc. is making a net operating profit in excess of the allowable
return of 12% on its invested capital, we believe that it is in the public
interest and in consonance with Section 3 of Republic Act No. 3043 that
reduction of its rates to the extent of its excess revenue be put into effect
immediately.
WHEREFORE, Vigan Electric Light Co., Inc. is hereby ordered to reduce
the present meter rates for its electric service effective upon the billing for
the month of June, 1962, to wit:
METER RATE 24-HOUR SERVICE
For the first 15 kwh per month at P0.328 per kwh
For the next 35 kwh per month at P0.246 per kwh
For the next 50 kwh per month at P0.205 per kwh
For all over 100 kwh per month at P0.164 per kwh
Minimum Charge: P4.90 per month for connection of 200 was or
less plus P0.01 per watt per month for connection in excess of 200
watts.
TEMPORARY LIGHTING
P0.01 per watt per night.
Minimum Charge: P1.00
Billings to customers shall be made to the nearest multiple of five centavos. The
above rates may be revised, modified or altered at anytime for any just cause
and/or in the public service.
Soon later, or on June 25, 1962, petitioner herein instituted the present action
for certiorari to annul said order of May 17, 1962, upon the ground that, since its
Corporate inception in 1948, petitioner it "never was able to give and never made
a single dividend declaration in favor of its stockholders" because its operation
from 1949 to 1961 had resulted in an aggregate loss of P113,351.523; that in the
conference above mentioned petitioner had called the attention of respondent to
the fact that the latter had not furnished the former a "copy of the alleged letterElsa M. Caete CPA, MBA, DBA 127
SEC. 16. The Commission shall have the power, upon proper notice and
hearing in accordance with the rules and provision of this Act, subject to
the limitations and exception mentioned and saving provisions to the
contrary:
xxx
xxx
xxx
DIGEST
Vigan Electric Light Co., Inc. v. Public Service Commission, 11 SCRA
317 (1964)
RULING: Yes.
In support to its special defense, respondent PSC maintains that ratefixing is a legislative function; that legislative or rule-making powers
may constitutionally be exercised without previous notice or hearing.
Although the rule-making power and even the power to fix rates
when such are meant to apply to all enterprises of a given kind
throughout the Philippines may partake of legislative character, such
is not the nature of the order complained of. Here, the order exclusively
applies to petitioner. What is more, it is predicated upon the finding of
fact, whether the petitioner is making a profit more than 12% of its
invested capital which is denied by the petitioner. Obviously, the latter
is entitled to cross-examine the maker of the said report, and to
introduce evidence to disprove the contents thereof and/or explain or
complement the same, as well as to refute the conclusions drawn
therefrom by the respondent. In other words, in making said finding of
fact, respondent performed a function partaking of a quasi-judicial
character, the valid exercise of which demands previous notice and
hearing.
that, having been issued without previous notice and hearing, said
order is clearly violative of the due process clause, and hence, null and
void.
Memorandum Circular No. 2, Series of 1994, which the SEC used as basis for
assessing P1,212,200.00 as filing fee for the extension of GMAs corporate term,
is not valid.
The appellate court agreed with the SECs submission that an extension of the
corporate term is a grant of a fresh license for a corporation to act as a juridical
being endowed with the powers expressly bestowed by the State. As such, it is
not an ordinary amendment but is analogous to the filing of new articles of
incorporation.
However, the Court of Appeals ruled that Memorandum Circular No. 2, Series of
1994 is legally invalid and ineffective for not having been published in
accordance with law. The challenged memorandum circular, according to the
appellate court, is not merely an internal or interpretative rule, but affects the
public in general. Hence, its publication is required for its effectivity.
The appellate court denied reconsideration in a Resolution4 dated June 9, 2004.
In its Memorandum5 dated September 6, 2005, the SEC argues that it issued the
questioned memorandum circular in the exercise of its delegated legislative
power to fix fees and charges. The filing fees required by it are allegedly
uniformly imposed on the transacting public and are essential to its supervisory
and regulatory functions. The fees are not a form of penalty or sanction and,
therefore, require no publication.
For its part, GMA points out in its Memorandum,6 dated September 23, 2005, that
SEC Memorandum Circular No. 1, Series of 1986 refers to the filing fees for
amended articles of incorporation where the amendment consists of extending
the term of corporate existence. The questioned circular, on the other hand,
refers only to filing fees for articles of incorporation. Thus, GMA argues that the
former circular, being the one that specifically treats of applications for the
extension of corporate term, should apply to its case.
Assuming that Memorandum Circular No. 2, Series of 1994 is applicable, GMA
avers that the latter did not take effect and cannot be the basis for the imposition
of the fees stated therein for the reasons that it was neither filed with the
University of the Philippines Law Center nor published either in the Official
Gazette or in a newspaper of general circulation as required under existing laws.
It should be mentioned at the outset that the authority of the SEC to collect and
receive fees as authorized by law is not in question.7 Its power to collect fees for
examining and filing articles of incorporation and by-laws and amendments
thereto, certificates of increase or decrease of the capital stock, among others, is
Elsa M. Caete CPA, MBA, DBA 136
recognized. Likewise established is its power under Sec. 7 of P.D. No. 902-A to
recommend to the President the revision, alteration, amendment or adjustment of
the charges which it is authorized to collect.
The subject of the present inquiry is not the authority of the SEC to collect and
receive fees and charges, but rather the validity of its imposition on the basis of a
memorandum circular which, the Court of Appeals held, is ineffective.
Republic Act No. 3531 (R.A. No. 3531) provides that where the amendment
consists in extending the term of corporate existence, the SEC "shall be entitled
to collect and receive for the filing of the amended articles of incorporation the
same fees collectible under existing law as the filing of articles of
incorporation."8 As is clearly the import of this law, the SEC shall be entitled to
collect and receive the same fees it assesses and collects both for the filing of
articles of incorporation and the filing of an amended articles of incorporation for
purposes of extending the term of corporate existence.
The SEC, effectuating its mandate under the aforequoted law and other pertinent
laws,9 issued SEC Memorandum Circular No. 1, Series of 1986, imposing the
filing fee of 1/10 of 1% of the authorized capital stock but not less than P300.00
nor more than P100,000.00 for stock corporations, and 1/10 of 1% of the
authorized capital stock but not less than P200.00 nor more than P100,000.00 for
stock corporations without par value, for the filing of amended articles of
incorporation where the amendment consists of extending the term of corporate
existence.
Several years after, the SEC issued Memorandum Circular No. 2, Series of 1994,
imposing new fees and charges and deleting the maximum filing fee set forth in
SEC Circular No. 1, Series of 1986, such that the fee for the filing of articles of
incorporation became 1/10 of 1% of the authorized capital stock plus 20% thereof
but not less thanP500.00.
A reading of the two circulars readily reveals that they indeed pertain to different
matters, as GMA points out. SEC Memorandum Circular No. 1, Series of 1986
refers to the filing fee for the amendment of articles of incorporation to extend
corporate life, while Memorandum Circular No. 2, Series of 1994 pertains to the
filing fee for articles of incorporation. Thus, as GMA argues, the former circular,
being squarely applicable and, more importantly, being more favorable to it,
should be followed.
What this proposition fails to consider, however, is the clear directive of R.A. No.
3531 to impose the same fees for the filing of articles of incorporation and the
filing of amended articles of incorporation to reflect an extension of corporate
Elsa M. Caete CPA, MBA, DBA 137
term. R.A. No. 3531 provides an unmistakable standard which should guide the
SEC in fixing and imposing its rates and fees. If such mandate were the only
consideration, the Court would have been inclined to rule that the SEC was
correct in imposing the filing fees as outlined in the questioned memorandum
circular, GMAs argument notwithstanding.
However, we agree with the Court of Appeals that the questioned memorandum
circular is invalid as it does not appear from the records that it has been
published in the Official Gazette or in a newspaper of general circulation.
Executive Order No. 200, which repealed Art. 2 of the Civil Code, provides that
"laws shall take effect after fifteen days following the completion of their
publication either in the Official Gazette or in a newspaper of general circulation
in the Philippines, unless it is otherwise provided."
In Taada v. Tuvera,10 the Court, expounding on the publication requirement,
held:
We hold therefore that all statutes, including those of local application and
private laws, shall be published as a condition for their effectivity, which
shall begin fifteen days after publication unless a different effectivity date is
fixed by the legislature.
Covered by this rule are presidential decrees and executive orders
promulgated by the President in the exercise of legislative powers
whenever the same are validly delegated by the legislature, or, at present,
directly conferred by the Constitution. Administrative rules and regulations
must also be published if their purpose is to enforce or implement existing
law pursuant also to a valid delegation.
Interpretative regulations and those merely internal in nature, that is,
regulating only the personnel of the administrative agency and not the
public, need not be published. Neither is publication required of the socalled letters of instructions issued by administrative superiors concerning
the rules or guidelines to be followed by their subordinates in the
performance of their duties.11
The questioned memorandum circular, furthermore, has not been filed with the
Office of the National Administrative Register of the University of the Philippines
Law Center as required in the Administrative Code of 1987.12
In Philsa International Placement and Services Corp. v. Secretary of Labor and
Employment,13 Memorandum Circular No. 2, Series of 1983 of the Philippine
Overseas Employment Administration, which provided for the schedule of
Elsa M. Caete CPA, MBA, DBA 138