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Separately from Section 1, Article III is the specific and direct underlying root of the right to
information in criminal proceedings Section 14 (1), Article III which provides that "No
person shall be held to answer for a criminal offense without due process of law." Thus, no
doubt exists that the right to be informed of the cause of the accusation in a criminal case has
deep constitutional roots that, rather than being cavalierly disregarded, should be carefully
protected.
Remedial Law; Criminal Procedure; Information; The Revised Rules of Criminal Procedure, in
implementing the constitutional right of the accused to be informed of the nature and cause of the
accusation against him, specifically require certain matters to be stated in the Information for its
sufficiency. An Information is an accusation in writing charging a person with an offense,
signed by the prosecutor and filed with the court. The Revised Rules of Criminal Procedure, in
implementing the constitutional right of the accused to be informed of the nature and cause of the
accusation against him, specifically require certain matters to be stated in the Information for its
sufficiency. The requirement aims to enable the accused to properly prepare for his defense
since he is presumed to have no independent knowledge of the facts constituting the offense
charged.
Criminal Law; Plunder; In the crime of plunder, the amount of ill-gotten wealth acquired by each
accused in a conspiracy is immaterial for as long as the total amount amassed, acquired or
accumulated is at least P50 million. The law on plunder provides that it is committed by "a public
officer who acts by himself or in connivance with . . . ." The term "connivance" suggests an agreement or
consent to commit an unlawful act or deed with another; to connive is to cooperate or take part secretly
with another. It implies both knowledge and assent that may either be active or passive.
Since the crime of plunder may be done in connivance or in conspiracy with other persons, and
the Information filed clearly alleged that Enrile and Jessica Lucila Reyes conspired with one
another and with Janet Lim Napoles, Ronald John Lim and John Raymund De Asis, then it is
unnecessary to specify, as an essential element of the offense, whether the ill-gotten wealth
amounting to at least P172,834,500.00 had been acquired by one, by two or by all of the
accused. In the crime of plunder, the amount of ill-gotten wealth acquired by each accused in
a conspiracy is immaterial for as long as the total amount amassed, acquired or accumulated
is at least P50 million.
It is not sufficient to simply allege that the amount of ill-gotten wealth amassed amounted to at
least P50 million; the manner of amassing the ill-gotten wealthwhether through a combination
or series of overt acts under Section 1(d) of RA No. 7080is an important element that must be
alleged.
Plunder is the crime committed by public officers when they amass wealth involving at least P50
million by means of a combination or series of overt acts. Under these terms, it is not sufficient
to simply allege that the amount of ill-gotten wealth amassed amounted to at least P50 million;
the manner of amassing the ill-gotten wealth whether through a combination or series of
overt acts under Section 1 (d) of R.A. No. 7080 is an important element that must be alleged.
When the Plunder Law speaks of "combination," it refers to at least two (2) acts falling
under different categories listed in Section 1, paragraph (d) of R.A. No. 7080 [for example, raids
on the public treasury under Section 1, paragraph (d), subparagraph (1), and fraudulent
conveyance of assets belonging to the National Government under Section 1, paragraph (d),
subparagraph (3)].
To prove plunder, the prosecution must weave a web out of the six (6) ways of illegally amassing
wealth and show how the various acts reveal a combination or series of means or schemes that
reveal a pattern of criminality.
Plunder is a crime composed of several predicate criminal acts. To prove plunder, the
prosecution must weave a web out of the six ways of illegally amassing wealth and show
how the various acts reveal a combination or series of means or schemes that reveal a
pattern of criminality. The interrelationship of the separate acts must be shown and be
established as a scheme to accumulate ill-gotten wealth amounting to at least P50 million.
Plunder thus involves intricate predicate criminal acts and numerous transactions and schemes
that span a period of time. Naturally, in its prosecution, the State possesses an "effective
flexibility" of proving a predicate criminal act or transaction, not originally contemplated in the
Information, but is otherwise included in the broad statutory definition, in light of subsequently
discovered evidence. The unwarranted use of the flexibility is what the bill of particulars guards
against.
Coronel v. Cunanan, A.C. No. 6738 , [August 12, 2015]
Administrative Cases; An administrative case proceeds independently from the interest, or lack
thereof, of the complainant, who only sets the case in motion through the filing of the
complaint.
An administrative case proceeds independently from the interest, or lack thereof, of the
complainant, who only sets the case in motion through the filing of the complaint. Upon her
doing so, she becomes a witness to testify against the respondent lawyer. The disciplinary
proceedings against the lawyer do not involve private interests, but only how the lawyer
conducts himself in his public and private lives. Accordingly, neither the affidavit of desistance
nor the Joint Motion to Dismiss should bear any weight, or be relevant in determining whether or
not the respondent was fit to remain as a member of the Law Profession. The desistance by the
complainant was a matter that was the concern only of the parties, and was non-binding on the
Court. What will be decisive in this administrative proceeding are the facts borne out by the
evidence competently adduced herein.
Garcia v. Tolentino, G.R. Nos. 153810 & 167297, [August 12, 2015]
Remedial Law; Civil Procedure; Forum Shopping; The commonality of interests among the
Department of Budget and Management (DBM), the Government Service Insurance System
(GSIS) and the Department of Environment and Natural Resources (DENR) cannot be denied.
The pleadings filed from the inception of the case will show that they have essentially the same
arguments and defenses and seek the same reliefs.
The commonality of interests among the DBM, the GSIS and the DENR cannot be denied. The
pleadings filed from the inception of the case will show that they have essentially the same
arguments and defenses and seek the same reliefs. More, in terms of the issuance of JC No. 99-3,
these agencies have equal stakes should the challenged circular be declared invalid. Without a
doubt, the different modes of appeal taken by the GSIS and the DBM will, in the process, create
the possibility of conflicting decisions being rendered by different fora upon the same issue.
Indeed, a final decision in one would constitute res judicata in the other. For this reason, we
dismiss the petition in G.R. No. 153810, with a warning to the GSIS that a repetition of the same
or similar acts in the future shall be dealt with more severely.
Remedial Law; Civil Procedure; Appeals; Petition for Review; In case a party feels aggrieved by
an order, ruling or decision of the GSIS Board, he may file a petition for review under Rule 43 of
the Rules of Court before the Court of Appeals.
In case a party feels aggrieved by an order, ruling or decision of the GSIS Board, he may file a
petition for review under Rule 43 of the Rules of Court before the Court of Appeals.
The main issue raised by Tolentino, et al. in their petition before the trial court was the validity
of JC No. 99-3 insofar as it provided for the deduction of the government's share on GSIS
contributions from the 20% premium given to contractual employees, in lieu of leave benefits.
Such issue, pertaining as it does to the coverage, collection and payment of GSIS contributions,
is a dispute over which the GSIS exercises exclusive and original jurisdiction. This jurisdiction
of the GSIS was also recognized by this Court in Government Service Insurance System v.
Commission on Audit. It was therefore error for the trial court, though it is a court of general
jurisdiction, to assume jurisdiction over the same.
Remedial Law; Civil Procedure; Appeals; Doctrine of Primary Jurisdiction; Under the doctrine
of primary jurisdiction, a remedy within the administrative machinery must be resorted to give
the administrative officer every opportunity to decide a matter that comes within his jurisdiction.
Such remedy must be exhausted first before the court's power of judicial review can be
sought.
Under the doctrine of primary jurisdiction, a remedy within the administrative machinery must
be resorted to give the administrative officer every opportunity to decide a matter that comes
within his jurisdiction. Such remedy must be exhausted first before the court's power of judicial
review can be sought. Thus, under this doctrine, Tolentino, et al. should have first brought the
dispute regarding the validity of a circular implementing the GSIS Law to the GSIS Board (and
not the courts) for resolution as required by law. Contrary to what Tolentino, et al. assert, the
doctrine of primary jurisdiction precludes the courts from resolving a controversy over which
jurisdiction has initially been lodged with an administrative body of special competence.
Administrative Law; Contractual Employees; Leave Privileges; Due to the nature of their
employment, contractual employees (unlike their counterparts in the regular government service)
were previously not entitled to leave credits as a matter of right. To balance this seemingly
inequitable situation, contractual employees, under CSC Resolution No. 983142 (otherwise
known as the Omnibus Rules on Leave) were allowed to receive compensation twenty percent
(20%) higher than the salaries of regular employees occupying equivalent positions.
Due to the nature of their employment, contractual employees (unlike their counterparts in the
regular government service) were previously not entitled to leave credits as a matter of right. To
balance this seemingly inequitable situation, contractual employees, under CSC Resolution No.
983142 (otherwise known as the Omnibus Rules on Leave) were allowed to receive
compensation twenty percent (20%) higher than the salaries of regular employees occupying
equivalent positions. The grant of one benefit, however, appears to preclude entitlement to the
other:
SEC. 4. Contractual employees are not entitled to leave credits as a matter of right. In view
of the nature of their employment, employees hired on contractual basis are not entitled to
vacation, sick, and other special leave privileges. To offset their non-entitlement to leave
benefits, contractual employees may be paid compensation twenty percent (20%) higher than the
salaries of regular employees occupying equivalent positions. If contractual employees are not
given the 20% premium, they should be entitled to vacation and sick leave.
Administrative Law; Contractual Employees; Leave Privileges.
On August 23, 1999, the Omnibus Rules on Leave were amended, which included the grant of
leave privileges not previously given to contractual personnel. Perforce, contractual employees
who are now granted leave benefits are no longer entitled as a matter of right to the twenty
percent (20%) premium pay. This position finds support in the GAAs passed by Congress for the
years subsequent, which no longer included provisions for said premium pay.
Since the expense for premium pay was rendered unnecessary by the grant of leave benefits to
contractual employees, funds initially set aside under the 1999 GAA for said purpose remain
public funds (under the appropriation for DENR Personal Services) and may, as correctly argued
by the DBM and the DENR, be legally rechanneled to answer for other personnel benefits costs,
including government share in GSIS contributions.
Administrative Law; Government Employees; The Government Service Insurance System Act of
1997; Section 3 of RA 8291 is clear in that save for specified officials of the Government,
membership in the Government Service Insurance System (GSIS) shall be compulsory for
employees, regardless of employment status.
We reject Tolentino, et al.'s claim of exemption from RA 8291. Section 3 of RA 8291 is clear
that, save for specified officials of the Government, membership in the GSIS shall be
compulsory for all employees, regardless of employment status. Neither can they claim
exemption based on the letter dated January 8, 1998 sent by then GSIS SVP Patag advising them
of their non-coverage. We agree with the OSG's argument thus:
[Tolentino, et al.] cannot invoke the letter dated January 12, 1998 of Atty. Quilatan citing the
letter-opinion of Senior Vice President Lourdes G. Patag of the GSIS as basis for claiming that
they are exempted from the coverage of compulsory membership with the GSIS.
To begin with, R.A. No. 8291 does not provide any exception to the applicability of the
compulsory membership of government employees with the GSIS.
Assuming arguendo that such an issue may be legitimately raised, the same can only be passed
upon by the GSIS Board of Trustees pursuant to Section 30 of R.A. No. 8291:
xxx xxx xxx
Thus, Senior Vice President Patag is absolutely devoid of authority to make an official
determination of whether [Tolentino, et al.] are exempt from compulsory membership with
the GSIS.
Statutes; Statutory Construction; Section 5 of RA 8291 shows a clear intent to divide the
responsibility for payment of the required Government Service Insurance System (GSIS)
premiums between the government employer and the covered employee. The pertinent Civil
Service Commission (CSC) rules, on the other hand, show a clear policy to equitably balance the
benefits given to regular and contractual personnel of the governments.
The policies behind the pertinent laws and regulations in this case show that the same can be
harmonized to give effect to every relevant provision of law or regulation. Section 5 of RA
8291 shows a clear intent to divide responsibility for payment of the required GSIS premiums
between the government employer and the covered employee. The pertinent CSC rules, on the
other hand, show a clear policy to equitably balance the benefits given to regular and contractual
personnel of the government. This was evident, first, in the provision of premium pay to
contractual employees in lieu of leave benefits and, ultimately, in the eventual grant of leave
benefits to such personnel.
In light of the above policies, JC No. 99-3 should be understood to have meant to apply
prospectively, that is, payment of the government share out of the twenty percent (20%)
premium pay should start only after the contractual employees' entitlement to said pay was
considered withdrawn with the grant of leave benefits. Thus, payment of the government share in
GSIS contributions from the premium pay of contractual employees cannot be made earlier than
the effectivity of CSC Memorandum Circular No. 14, s. 1999.
Agrarian Reform Beneficiaries Association v. Fil-Estate Properties, Inc., G.R. Nos. 163598,
164660 & 164779, [August 12, 2015]
Agrarian Reform; Tenancy Relationship; Under General Order No. 34, utilization of empty or
idle lots by an adjoining resident or individual may only be made with the express consent of the
owner, if he is in the area, or his implied consent, if he cannot be located.
While petitioners alleged themselves as the occupants and tillers of the subject land, they did not
allege that they have a tenurial arrangement or tenancy relationship either with the respondents
or with the registered landowners, and not even with anyone purporting to be the landowner.
Petitioners invoke General Order No. 34 as their license to enter and cultivate the subject land.
The fact remains, however, that under General Order No. 34, utilization of empty or idle lots by
an adjoining resident or individual may only be made with the express consent of the owner, if
he is in the area, or his implied consent, if he cannot be located. Petitioners neither alleged that
the respondents or landowners consented to their cultivation of the subject land for agricultural
production, either expressly or impliedly; nor was there an allegation of any arrangement as to
how the harvests shall be shared between them. The conclusion then is that petitioners were not
the tenants of the respondents.
Agrarian Reform; Tenancy Relationship; That petitioners may have been actual occupants or
tillers of the land, which may make them potential CARP beneficiaries, does not give rise to a
tenancy relationship.
Agrarian Reform; Department of Agrarian Reform Adjudication Board; Jurisdiction.
The DARAB overstepped its jurisdictional boundaries when it declared petitioners as qualified
beneficiaries under CARP. In Lercana v. Jalandoni, we ruled that the identification and selection
of CARP beneficiaries are matters involving strictly the administrative implementation of the
CARP, a matter exclusively cognizable by the Secretary of the Department of Agrarian Reform,
and beyond the jurisdiction of the DARAB.
Agrarian Reform; Tenancy Relationship.
There is no tenancy relationship or agrarian dispute between the parties because the subject land
is not agricultural. It has ceased to be so under Presidential Proclamation No. 1637. The Court of
Appeals in CA G.R. No. 82322 and CA G.R. 70717 and the DARAB found that the land is
included within the Lungsod Silangan Townsite by virtue of Presidential Proclamation No. 1637,
which took effect on April 18, 1977, thereby reclassifying said land from agricultural to
residential. The interpretation of the DARAB is that the inclusion of land in the townsite
reservation does not mean that it can be used for residential purposes only. However, the case
of Natalia Realty, Inc. v. DAR, has long held that lots included in the Lungsod Silangan Townsite
Reservation were intended exclusively for residential use. They ceased to be agricultural lands
upon approval of their inclusion in the Lungsod Silangan Reservation by virtue of Presidential
Proclamation No. 1637.
Agrarian Reform; Tenancy Relationship; Jurisdiction.
Clearly, apart from Presidential Proclamation No. 1637, the zoning ordinance issued by the
Municipality of Antipolo, and approved by the Sangguniang Bayan and the HLURB, also
effectively reclassified and converted the subject land to non-agricultural. The zoning ordinance
was approved in 1982, way before the CARL took effect. The Supreme Court has repeatedly
ruled that lands already classified as commercial, industrial or residential before the effectivity of
the CARL, or June 15, 1988, are outside its coverage, and that an order or approval from DAR
converting the subject land from agricultural to residential is no longer necessary. Only land
classifications or reclassifications which occur from June 15, 1988 onwards require conversion
clearance from the DAR.
Securities and Exchange Commission v. Baguio Country Club Corp., G.R. Nos. 165146 &
165209 , [August 12, 2015]
Judicial Review; Actual Case or Controversy.
As can be gleaned from the SEC's Order, the calling of the meeting for the conduct of an election
was made to rectify the inadvertent approval of the two (2) year term for the members of the
board. With the return of the one (1) year term, there is no more actual controversy that warrants
the exercise of our judicial power. An actual case or controversy exists when there is a conflict of
legal rights or an assertion of opposite legal claims, which can be resolved on the basis of
existing law and jurisprudence. A justiciable controversy admits of specific relief through a
decree that is conclusive in character, whereas an opinion only advises what the law would be
upon a hypothetical state of facts.
United Dumangas Port Development Corp. v. Phil. Ports Authority, G.R. No. 192943,
[August 12, 2015]
Local Government Code; Mayors.
Even granting that the subject resolutions need not be submitted to the Sangguniang
Panlalawigan for review, these resolutions purportedly authorizing Municipal Mayor Golez to
enter into the Compromise Agreement still cannot be given credence. Under Section 444 (b) (1)
(vi) of the LGC,the municipal mayor may represent the municipality in all its business
transactions and sign, on its behalf, contracts and obligations made pursuant to law or ordinance.
However, a mere resolution, such as those issued by the Sangguniang Bayan herein, does not
suffice to approve PPA's claim of Php111,930,282.28 against MOD for no rights can be
conferred by and be inferred from a resolution, which is nothing but an embodiment of what the
law-making body has to say in the light of attendant circumstances. Contrary to the appellate
court's stance, that Mayor Golez was elected by the people of MOD does not excuse him from
acting within the parameters set by law. Thus, while it is true that compromise agreements
between the parties in civil cases are not only allowed but even encouraged, in order for them to
be binding on the parties, however, they must be executed in accordance with applicable law and
jurisprudence.
Ports; Administrative Jurisdiction.
It bears stressing that apart from the unsustainable Compromise Agreement, PPA failed to
provide the Court with sufficient basis, legal or otherwise, in support of its alleged authority to
take-over the operation of the Dumangas Port. While the PPA was indeed, authorized by EO No.
171 to exercise its administrative jurisdiction over the Dumangas Port, DOTC Department Order
No. 2002-18, issued after EO No. 171, effectively rescinded the latter for as correctly ruled by
the trial court, acts of the secretaries of such departments, performed and promulgated in the
regular course of business are, unless disapproved or reprobated by the Chief Executive,
presumptively the acts of the Chief Executive. Consequently, PPA's authority to administer the
Port of Dumangas was effectively superseded by the directive mandated by the DOTC
Department Order to transfer the operation of the same to the MOD.
Ports; Administrative Jurisdiction.
Similarly in this case, the series of hold-over authorities as well as the final holdover permit
granting UDPDC a three (3)-month extension was clearly temporary in nature. As aptly found by
the trial court, UDPDC's continued operation of the port was merely by PPA's tolerance, having
no valid and existing permit, and that UDPDC's status was merely on the basis of a holdover
authority, temporary in nature, which may be recalled by PPA at any time. As such, the holdover
permits should have served as adequate notice to UDPDC that, at any time, its authority to
remain within the premises of the port of Dumangas may be terminated. That PPA arbitrarily
revoked UDPDC's permit upon the dictates of a powerful politician in the fourth congressional
district of Iloilo is a mere speculation, unsupported in evidence. Thus, in view of the expiration
of UDPDC's permit to operate the port, and in the absence of any contract renewing the same,
UDPDC cannot claim to have any right to the administration thereof.
Marina Port Services, Inc. v. American Assurance Corp., G.R. No. 201822, [August 12,
2015]
Mercantile Law; Common Carriers; Warehouse Receipts Act; Arrastre Operators.
As held in International Container Terminal Services, Inc. v. Prudential Guarantee & Assurance
Co., Inc., the signature of the consignee's representative on the gate pass is evidence of receipt of
the shipment in good order and condition.
Also, that MPSI delivered the subject shipment to MSC's representative in good and complete
condition and with lock and seals intact is established by the testimonies of MPSI's employees
who were directly involved in the processing of the subject shipment. Mr. Ponciano De Leon
testified that as MPSI's delivery checker, he personally examined the subject container vans and
issued the corresponding gate passes that were, in turn, countersigned by the consignee's
representative. MPSI's other witness, Chief Claims Officer Sergio Icasiano (Icasiano), testified
that the broker, as the consignee's representative, neither registered any complaints nor requested
for an inspection.
Remedial Law; Evidence; Hearsay Evidence Rule.
The person who prepared the said report was not presented in court to testify on the same. Thus,
the said survey report has no probative value for being hearsay. "It is a basic rule that evidence,
whether oral or documentary, is hearsay, if its probative value is not based on the personal
knowledge of the witness but on the knowledge of another person who is not on the witness
stand." Moreover, "an unverified and unidentified private document cannot be accorded
probative value. It is precluded because the party against whom it is presented is deprived of the
right and opportunity to cross-examine the person to whom the statements or writings are
attributed. Its executor or author should be presented as a witness to provide the other party to
the litigation the opportunity to question its contents. Being mere hearsay evidence, failure to
present the author of the letter renders its contents suspect and of no probative value."
Mercantile Law; Common Carriers.
MPSI cannot just the same be held liable for the missing bags of flour since the consigned goods
were shipped under "Shipper's Load and Count" arrangement. "This means that the shipper was
solely responsible for the loading of the container, while the carrier was oblivious to the contents
of the shipment. Protection against pilferage of the shipment was the consignee's lookout. The
arrastre operator was, like any ordinary depositary, duty-bound to take good care of the goods
received from the vessel and to turn the same over to the party entitled to their possession,
subject to such qualifications as may have validly been imposed in the contract between the
parties. The arrastre operator was not required to verify the contents of the container received
and to compare them with those declared by the shipper because, as earlier stated, the cargo was
at the shipper's load and count. The arrastre operator was expected to deliver to the consignee
only the container received from the carrier."
AQA Global Construction, Inc. v. Planters Development Bank, G.R. Nos. 211649 &
211742, [August 12, 2015]
Remedial Law; Civil Procedure; Third-Party Claims.
The Court would like to take exception to the CA's ruling, limiting the remedies of the adverse
third party to vindicate his claim of ownership and/or possession over the foreclosed property to
a terceria and an independent separate action once a writ of possession had already been issued,
as in this case. In Gagoomal v. Spouses Villacorta, the Court ruled that aside from such
remedies, the adverse third party may take other legal remedies to prosecute his claim, such
as invoking the supervisory power of the RTC to enjoin the enforcement/implementation of the
writ of possession, as what petitioners did in this case. Unquestionably, the RTC has a general
supervisory control over the entire execution process, and such authority carries with it the right
to determine every question which may be invariably involved in the execution, and ensure that
it is enforcing its judgment only against properties irrefutably belonging to the judgment
debtor. However, in such instances, the RTC does not and cannot pass upon the question of title
to the property, with any character of finality, and can treat of the matter only as may be
necessary to decide the question of whether or not the person in possession holds the property
adversely to the judgment obligor. If the claimant's proofs do not persuade the court of the
validity of his title or right of possession thereto, the claim will be denied.
Office of the Court Administrator v. Abarintos, A.M. No. CA-12-26-P, [August 17, 2015]
Administrative Liability.
At first blush, the circumstances enumerated by OCA are enough to raise a quizzical eyebrow.
But administrative liability cannot rest on mere suspicion or speculation. There must be
substantial evidence to support a finding that respondent is responsible for the reprehensible act
imputed against her. "Substantial evidence in an administrative case consists of that amount of
relevant evidence which a reasonable mind might accept as adequate to justify a conclusion."
Administrative Law; Court Personnel; Presumption of Regularity.
We cannot subscribe to the recommendation of the OCA that respondent's receipt of subject
pleading several minutes after office hours raises a presumption that she used her office to
extend a favor to a litigant. There is simply no such presumption that exists in the Rules on
Evidence or in statute books. On the other hand, it is basic that court officials and personnel are
presumed to have regularly performed their official duties. At this point, it may not be amiss to
state that the circulars issued by this Court pertaining to the observance of prescribed working
hours are intended to promote punctuality and prevent tardiness or absenteeism "if only to
recompense the government and, ultimately, the people, who shoulder the cost of maintaining the
Judiciary." They are not intended to deny public service to the same people who come to court to
transact business, even if they arrive a few minutes after the prescribed working hours, when
there are still court personnel present who could serve them. Neither should they be construed as
to prohibit dedicated court personnel to render genuine public service beyond the regular office
hours. "Truly, public servants at times should share a part of their extra time and skills in order to
facilitate swift delivery of service to the public."
Administrative Law; Court Personnel.
As head of the Judicial Records Division, and involved in the administration of justice,
respondent "ought to live up to the strictest standards of honesty and integrity in public
service." Indeed, "[n]o position demands greater moral righteousness and uprightness from its
holder than an office in the judiciary. Court employees should be models of uprightness, fairness
and honesty to maintain the people's respect and faith in the judiciary." "[A]ny conduct, act or
omission on the part of those who would violate the norm of public accountability and diminish
or even just tend to diminish the faith of the people in the judiciary shall not be countenanced."
Administrative Law; Court Personnel; Resignation.
The resignation of respondent from the service on February 14, 2011 is of no moment.
Resignation from the service will not extricate court employees from the consequences of their
acts. It is settled that the cessation from office neither warrants the dismissal of the
administrative complaint filed against the respondent; while they were still in the service nor
does it render the case moot and academic. "A contrary rule would be fraught with injustices and
pregnant with dreadful and dangerous implications," as nothing "would prevent a corrupt and
unscrupulous government employee from committing abuses and other condemnable acts
knowing fully well that they would soon be beyond the pale of the law and immune to all
administrative penalties[.]" The only effect of respondent's resignation is that it rendered moot
the imposition of the penalty of dismissal.
Administrative Law; Court Personnel; Resignation; Dishonesty; Grave Misconduct; Penalties.
Under Section 52(A) of the Uniform Rules on Administrative Cases in the Civil Service,
dishonesty and grave misconduct are classified as grave offenses meriting the supreme penalty of
dismissal from service even for the first offense, with the accessory penalties of forfeiture of
retirement benefits, except accrued leave credits, and perpetual disqualification from re-
employment in the government service. In view of respondent's resignation, however, the penalty
that can be imposed against her is a fine with the same accessory penalties of forfeiture and
disqualification. Although the OCA recommended a fine of P20,000.00, circumstances in this
case warrant a lesser amount. While We do not condone the lamentable act of respondent in
making an unauthorized withdrawal, it does not escape Our attention that respondent is a first-
time offender. She eventually admitted to Gilos that she took the money which she returned,
albeit partially. After consulting her family, respondent did not present controverting evidence in
this case and effectively submitted her fate to the judicious resolution of this case. Finally, to
save her family from embarrassment and unnecessary emotional stress, respondent resigned. To
Our mind, these circumstances evince her sincere remorse and wholehearted repentance for
committing a regrettable misstep in her life.
Paderanga v. Paderanga, A.M. Nos. RTJ-14-2383 & RTJ-07-2033, [August 17, 2015]
Administrative Law; Judges; Conduct Unbecoming of a Judge.
Based on the findings of Justice Del Castillo, the appropriation of Lot 12910 by the respondent
was really prejudicial to Dra. Corazon because he erected a fence around the property and
introduced improvements thereon without the conformity of the latter. He did so at a time when
he was still an active member of the Bench, and despite knowing that he was expected to uphold
the legal rights of others in their exclusive property, whether the rights were under litigation in
his court or elsewhere. Such conduct on his part was unbecoming of any judge like him. He
thereby disregarded the sworn obligation of every judge to observe respect for the rights of
others at all times if he expected others to respect the courts and its judges, as well as the
Judiciary as an institution. His failure in this regard merited him the condign administrative
penalty.
Administrative Law; Judges; Inhibition and Disqualification of Judges; Compulsory
Disqualification of Judges.
The Court has been clear about the compulsory disqualification of judges related by
consanguinity or affinity to a party being a duty designed to free the adjudication of cases from
suspicion as to its fairness and integrity. In Garcia v. Dela Pena, for instance, the Court has
plainly but emphatically reminded:
The rule on compulsory disqualification of a judge to hear a case where, as in the instant case,
the respondent judge is related to either party within the sixth degree of consanguinity or affinity
rests on the salutary principle that no judge should preside in a case in which he is not wholly
free, disinterested, impartial and independent. A judge has both the duty of rendering a just
decision and the duty of doing it in a manner completely free from suspicion as to its fairness and
as to his integrity. The law conclusively presumes that a judge cannot objectively or impartially
sit in such a case and, for that reason, prohibits him and strikes at his authority to hear and decide
it, in the absence of written consent of all parties concerned. The purpose is to preserve the
people's faith and confidence in the courts of justice.
The respondent's issuance of the warrant of arrest against his own sister was an outright violation
of the stringent rules on compulsory disqualification. For him, self-disqualification was absolute
and should have been immediate. It did not matter that he presided in a single-sala station.
Neither was it an excuse that the private complainant in the criminal case against his sister could
protest unless he acted as promptly as he did on the case. No protest would be justified should
self-disqualification be mandatory. Consequently, he was not exempt from administrative
liability for acting upon the criminal case involving his own sister, and issuing the warrant of
arrest against her.
Administrative Law; Judges; Inhibition and Disqualification of Judges; Compulsory
Disqualification of Judges.
His eventual self-disqualification from the criminal case did not render his liability any less. He
still did not act in good faith in issuing the warrant of arrest against Patria. Worthy of note is that
he inhibited himself only after Patria filed her Motion for Disqualification. If he was acting in
good faith, he needed no one to remind him about the compulsory disqualification. Rather, he
manifested his bad faith and ill will towards Patria by letting the warrant of arrest be served on
her in the school where she worked. His obvious objective in so doing was to cause her greater
embarrassment.
Anlud Metal Recycling Corp. v. Ang, G.R. No. 182157, [August 17, 2015]
Remedial Law; Criminal Procedure; Notice of Hearing.
Citing Rule 15, Section 5 of the Rules of Court,petitioner regards the Notice of Hearing
appended to respondent's Omnibus Motion as defective. This is because the notice was addressed
only to the public prosecutor and the clerk of court, and not to the private offended party
petitioner herein.
By having a defective Notice of Hearing, petitioner concludes that the Omnibus Motion was a
mere scrap of paper, which the RTC should have instantly disregarded. Thus, when the RTC, as
affirmed by the CA, gave due course to the motion, petitioner believes that its right to due
process was oppressed.
Petitioner correctly argues that a notice of hearing must be addressed to all the parties
concerned; and that failure to comply with this directive results in a motion that should be treated
as a mere scrap of paper. However, this general requirement of a valid notice of hearing is one of
those procedural rules that admit of various exceptions.
Nation Petroleum Gas, Inc. v. Rizal Commercial Banking Corp., G.R. No. 183370 , [August
17, 2015]
Remedial Law; Civil Procedure; Service of Summons.
Service of summons on domestic corporation, partnership or other juridical entity is governed by
Section 11, Rule 14 of theRules, which states:
SECTION 11. Service upon domestic private juridical entity. When the defendant is a
corporation, partnership or association organized under the laws of the Philippines with a
juridical personality, service may be made on the president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel.
When the defendant is a domestic corporation like herein petitioner, service of summons may be
made only upon the persons enumerated in Section 11, Rule 14 of the Rules. The enumeration of
persons to whom summons may be served is restricted, limited and exclusive following the rule
on statutory construction expressio unios est exclusio alterius. Substantial compliance cannot be
invoked. Service of summons upon persons other than those officers specifically mentioned in
Section 11, Rule 14 is void, defective and not binding to said corporation.
Basic is the rule that a strict compliance with the mode of service is necessary to confer
jurisdiction of the court over a corporation. The officer upon whom service is made must be one
who is named in the statute; otherwise, the service is insufficient. The purpose is to render it
reasonably certain that the corporation will receive prompt and proper notice in an action against
it or to insure that the summons be served on a representative so integrated with the corporation
that such person will know what to do with the legal papers served on him.
Remedial Law; Civil Procedure; Substituted Service of Summons.
In the instant case, it appears that the sheriff hastily and capriciously resorted to substituted
service of summons without actually exerting any genuine effort to locate the individual
petitioners. The "reasonable time" within which to personally serve the summons 7 days for
the plaintiff or 15-30 days for the sheriff as stated in Manotoc has not yet elapsed at the time
the substituted service was opted to. Remarkably, based on the Sheriff's Report and the narration
of petitioners, the personal service of summons upon the corporation and the individual
petitioners as well as the levy of their personal and real properties were all done in just one
day. Manotoc stresses that for substituted service of summons to be available, there must be
several attempts by the sheriff to personally serve the summons within a reasonable period which
eventually resulted in failure in order to prove impossibility of prompt service. To reiterate,
"several attempts" means at least three (3) tries, preferably on at least two different dates.
Further, except for the Quezon Province, there is, in fact, no considerable distance between the
residences of the individual petitioners since the cities of Makati and Quezon are part of the
National Capital Region; hence, accessible either by private or public modes of transportation.
Assuming that there is, the distance would not have been insurmountable had respondent took its
time and not unnecessarily rushed to accomplish personal service in just a single day.
Remedial Law; Civil Procedure; Jurisdiction.
In the present case, the individual petitioners prayed, among others, for the following: (1)
discharge of the writ of attachment on their properties; (2) denial of the motion to declare them
in default; (3) admission of the Comment/Opposition (to the motion to declare them in default)
filed on December 19, 2006; and (4) denial of respondent's motion to strike off from the records
(their opposition to the motion to declare them in default). By seeking affirmative reliefs from
the trial court, the individual petitioners are deemed to have voluntarily submitted to the
jurisdiction of said court. A party cannot invoke the jurisdiction of a court to secure affirmative
relief against his opponent and after obtaining or failing to obtain such relief, repudiate or
question that same jurisdiction. Therefore, the CA cannot be considered to have erred in
affirming the trial court's denial of the Special Appearance with Motion to Dismiss for alleged
improper service of summons.