Académique Documents
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ROMERO, J.:
In issuing Administrative Order No. 04-92 (PPA-AO No. 04-92), limiting the term of
appointment of harbor pilots to one year subject to yearly renewal or cancellation, did the
Philippine Ports Authority (PPA) violate respondents' right to exercise their profession
and their right to due process of law?
The PPA was created on July 11, 1974, by virtue of Presidential Decree No. 505. On
December 23, 1975, Presidential Decree No. 857 was issued revising the PPA's charter.
Pursuant to its power of control, regulation, and supervision of pilots and the pilotage
profession, 1 the PPA promulgated PPA-AO-03-85 2 on March 21, 1985, which
embodied the "Rules and Regulations Governing Pilotage Services, the Conduct of Pilots
and Pilotage Fees in Philippine Ports." These rules mandate, inter alia, that aspiring
pilots must be holders of pilot licenses 3 and must train as probationary pilots in outports
for three months and in the Port of Manila for four months. It is only after they have
achieved satisfactory performance 4 that they are given permanent and regular
appointments by the PPA itself 5 to exercise harbor pilotage until they reach the age of
70, unless sooner removed by reason of mental or physical unfitness by the PPA General
Manager. 6 Harbor pilots in every harbor district are further required to organize
themselves into pilot associations which would make available such equipment as may
be required by the PPA for effective pilotage services. In view of this mandate, pilot
associations invested in floating, communications, and office equipment. In fact, every
new pilot appointed by the PPA automatically becomes a member of a pilot association
and is required to pay a proportionate equivalent equity or capital before being allowed to
assume his duties, as reimbursement to the association concerned of the amount it paid
to his predecessor.
Subsequently, then PPA General Manager Rogelio A. Dayan issued PPA-AO No. 0492 7 on July 15, 1992, whose avowed policy was to "instill effective discipline and
thereby afford better protection to the port users through the improvement of pilotage
services." This was implemented by providing therein that "all existing regular
appointments which have been previously issued either by the Bureau of Customs or the
PPA shall remain valid up to 31 December 1992 only" and that "all appointments to
harbor pilot positions in all pilotage districts shall, henceforth, be only for a term of one
(1) year from date of effectivity subject to yearly renewal or cancellation by the Authority
after conduct of a rigid evaluation of performance."
On August 12, 1992, respondents United Harbor Pilots Association and the Manila Pilots
Association, through Capt. Alberto C. Compas, questioned PPA-AO No. 04-92 before the
Department of Transportation and Communication, but they were informed by then
DOTC Secretary Jesus B. Garcia that "the matter of reviewing, recalling or annulling
PPA's administrative issuances lies exclusively with its Board of Directors as its
governing body."
Meanwhile, on August 31, 1992, the PPA issued Memorandum Order No. 08-92 8 which
laid down the criteria or factors to be considered in the reappointment of harbor pilot, viz.:
(1) Qualifying Factors: 9 safety record and physical/mental medical exam report and (2)
Criteria for Evaluation: 10 promptness in servicing vessels, compliance with PPA Pilotage
Guidelines, number of years as a harbor pilot, average GRT of vessels serviced as pilot,
awards/commendations as harbor pilot, and age.
Respondents reiterated their request for the suspension of the implementation of PPAAO No. 04-92, but Secretary Garcia insisted on his position that the matter was within the
jurisdiction of the Board of Directors of the PPA. Compas appealed this ruling to the
Office of the President (OP), reiterating his arguments before the DOTC.
On December 23, 1992, the OP issued an order directing the PPA to hold in abeyance
the implementation of PPA-AO No. 04-92. In its answer, the PPA countered that said
administrative order was issued in the exercise of its administrative control and
supervision over harbor pilots under Section 6-a (viii), Article IV of P.D. No. 857, as
amended, and it, along with its implementing guidelines, was intended to restore order in
the ports and to improve the quality of port services.
On March 17, 1993, the OP, through then Assistant Executive Secretary for Legal Affairs
Renato C. Corona, dismissed the appeal/petition and lifted the restraining order issued
earlier. 11 He concluded that PPA-AO No. 04-92 applied to all harbor pilots and, for all
intents and purposes, was not the act of Dayan, but of the PPA, which was merely
implementing Section 6 of P.D. No. 857, mandating it "to control, regulate and supervise
pilotage and conduct of pilots in any port district."
On the alleged unconstitutionality and illegality of PPA-AO No. 04-92 and its
implementing memoranda and circulars, Secretary Corona opined that:
SO ORDERED.
The court a quo pointed out that the Bureau of Customs, the precursor of the PPA,
recognized pilotage as a profession and, therefore, a property right under Callanta
v. Carnation Philippines, Inc. 13 Thus, abbreviating the term within which that privilege
may be exercised would be an interference with the property rights of the harbor pilots.
Consequently, any "withdrawal or alteration" of such property right must be strictly made
in accordance with the constitutional mandate of due process of law. This was apparently
not followed by the PPA when it did not conduct public hearings prior to the issuance of
PPA-AO No. 04-92; respondents allegedly learned about it only after its publication in the
newspapers. From this decision, petitioners elevated their case to this Court on certiorari.
After carefully examining the records and deliberating on the arguments of the parties,
the Court is convinced that PPA-AO No. 04-92 was issued in stark disregard of
respondents' right against deprivation of property without due process of law.
Consequently, the instant petition must be denied.
Section 1 of the Bill of Rights lays down what is known as the "due process clause" of the
Constitution, viz.:
Sec. 1. No person shall be deprived of life, liberty, or property without due process of law,
...
In order to fall within the aegis of this provision, two conditions must concur, namely, that
there is a deprivation and that such deprivation is done without proper observance of due
process. When one speaks of due process of law, however, a distinction must be made
between matters of procedure and matters of substance. In essence, procedural due
process "refers to the method or manner by which the law is enforced," while substantive
due process "requires that the law itself, not merely the procedures by which the law
would be enforced, is fair, reasonable, and just." 14 PPA-AO No. 04-92 must be
examined in light of this distinction.
Respondents argue that due process was not observed in the adoption of PPA-AO No.
04-92 allegedly because no hearing was conducted whereby "relevant government
agencies" and the pilots themselves could ventilate their views. They are obviously
referring to the procedural aspect of the enactment. Fortunately, the Court has
maintained a clear position in this regard, a stance it has stressed in the recent case
of Lumiqued v. Hon. Exevea,15 where it declared that "(a)s long as a party was given the
opportunity to defend his interests in due course, he cannot be said to have been denied
due process of law, for this opportunity to be heard is the very essence of due process.
Moreover, this constitutional mandate is deemed satisfied if a person is granted an
opportunity to seek reconsideration of the action or ruling complained of."
Before harbor pilots can earn a license to practice their profession, they literally have to
pass through the proverbial eye of a needle by taking, not one but five examinations,
each followed by actual training and practice. Thus, the court a quo observed:
Petitioners (herein respondents) contend, and the respondents (herein petitioners) do not
deny, the here (sic) in this jurisdiction, before a person can be a harbor pilot, he must
pass five (5) government professional examinations, namely, (1) For Third Mate and after
which he must work, train and practice on board a vessel for at least a year; (2) For
Second Mate and after which he must work, train and practice for at least a year; (3) For
Chief Mate and after which he must work, train and practice for at least a year; (4) For a
Master Mariner and after which he must work as Captain of vessel for at least two (2)
years to qualify for an examination to be a pilot; and finally, of course, that given for
pilots.
Their license is granted in the form of an appointment which allows them to engage in
pilotage until they retire at the age 70 years. This is a vested right. Under the terms of
PPA-AO No. 04-92, "(a)ll existing regular appointments which have been previously
issued by the Bureau of Customs or the PPA shall remain valid up to 31 December 1992
only," and "(a)ll appointments to harbor pilot positions in all pilotage districts shall,
henceforth, be only for a term of one (1) year from date of effectivity subject to renewal or
cancellation by the Authority after conduct of a rigid evaluation of performance."
It is readily apparent that PPA-AO No. 04-92 unduly restricts the right of harbor pilots to
enjoy their profession before their compulsory retirement. In the past, they enjoyed a
measure of security knowing that after passing five examinations and undergoing years
of on-the-job training, they would have a license which they could use until their
retirement, unless sooner revoked by the PPA for mental or physical unfitness. Under the
new issuance, they have to contend with an annual cancellation of their license which
can be temporary or permanent depending on the outcome of their performance
evaluation. Veteran pilots and neophytes alike are suddenly confronted with one-year
terms which ipso facto expire at the end of that period. Renewal of their license is now
dependent on a "rigid evaluation of performance" which is conducted only after the
license has already been cancelled. Hence, the use of the term "renewal." It is this preevaluation cancellation which primarily makes PPA-AO No. 04-92 unreasonable and
constitutionally infirm. In a real sense, it is a deprivation of property without due process
of law.
The Court notes that PPA-AO No. 04-92 and PPA-MO No. 08-92 are already covered by
PPA-AO No. 03-85, which is still operational. Respondents are correct in pointing out that
PPA-AO No. 04-92 is a "surplusage" 23 and, therefore, an unnecessary enactment. PPAAO 03-85 is a comprehensive order setting forth the "Rules and Regulations Governing
Pilotage Services, the Conduct of Pilots and Pilotage Fees in Philippine Ports." It
amnesty on unpaid income taxes, later amended to include estate and donor's taxes and
taxes on business, for the taxable years 1981 to 1985.
Availing itself of the amnesty, respondent R.O.H. Auto Products Philippines, Inc., filed, in
October 1986 and November 1986, its Tax Amnesty Return No. 34-F-00146-41 and
Supplemental Tax Amnesty Return No. 34-F-00146-64-B, respectively, and paid the
corresponding amnesty taxes due.
WHEREFORE, the instant petition is hereby DISMISSED and the assailed decision of
the court a quo dated September 6, 1993, in Civil Case No. 93-65673 is AFFIRMED. No
pronouncement as to costs.
SO ORDERED.
VITUG, J.:
On 22 August 1986, during the period when the President of the Republic still wielded
legislative powers, Executive Order No. 41 was promulgated declaring a one-time tax
1.02. A certification by the Tax Amnesty Implementation Officer of the fact of availment of
the said tax amnesty shall be a sufficient basis for:
xxx xxx xxx
1.02.3. In appropriate cases, the cancellation/withdrawal of assessment notices and
letters of demand issued after August 21, 1986 for the collection of income, business,
estate or donor's taxes due during the same taxable years. 1 (Emphasis supplied)
Private respondent appealed the Commissioner's denial to the Court of Tax Appeals.
Ruling for the taxpayer, the tax court said:
willing to reform a chance to do so and thereby become a part of the new society with a
clean slate. (Republic vs. Intermediate Appellate Court. 196 SCRA 335, 340 [1991] citing
Commissioner of Internal Revenue vs. Botelho Shipping Corp., 20 SCRA 487) To follow
[the restrictive application of Revenue Memorandum Order No. 4-87 pressed by
petitioner Commissioner would be to work against the raison d'etre of E.O. 41, as
amended, i.e., to raise government revenues by encouraging taxpayers to declare their
untaxed income and pay the tax due thereon. (E.O. 41, first paragraph)] 3
On appeal by the Commissioner to the Court of Appeals, the decision of the tax court
was affirmed. The appellate court further observed:
In the instant case, examining carefully the words used in Executive Order No. 41, as
amended, we find nothing which justifies petitioner Commissioner's ground for denying
respondent taxpayer's claim to the benefits of the amnesty law. Section 4 of the subject
law enumerates, in no uncertain terms, taxpayers who may not avail of the amnesty
granted,. . . .
Admittedly, respondent taxpayer does not fall under any of the . . . exceptions. The added
exception urged by petitioner Commissioner based on Revenue Memorandum Order No.
4-87, further restricting the scope of the amnesty clearly amounts to an act of
administrative legislation quite contrary to the mandate of the law which the regulation
ought to implement.
xxx xxx xxx
Lastly, by its very nature, a tax amnesty, being a general pardon or intentional
overlooking by the State of its authority to impose penalties on persons otherwise guilty
of evasion or violation of a revenue or tax law, partakes of an absolute forgiveness or
waiver by the Government of its right to collect what otherwise would be due it, and in
this sense, prejudicial thereto, particularly to give tax evaders, who wish to relent and are
In this petition for review, the Commissioner raises these related issues:
1. WHETHER OR NOT REVENUE MEMORANDUM
PROMULGATED TO IMPLEMENT E.O. NO. 41, IS VALID;
ORDER
HAS
NO.
OVERCOME
4-87,
THE
The authority of the Minister of Finance (now the Secretary of Finance), in conjunction
with the Commissioner of Internal Revenue, to promulgate all needful rules and
regulations for the effective enforcement of internal revenue laws cannot be controverted.
Neither can it be disputed that such rules and regulations, as well as administrative
opinions and rulings, ordinarily should deserve weight and respect by the courts. Much
more fundamental than either of the above, however, is that all such issuances must not
override, but must remain consistent and in harmony with, the law they seek to apply and
implement. Administrative rules and regulations are intended to carry out, neither to
supplant nor to modify, the law.
The real and only issue is whether or not the position taken by the Commissioner
coincides with the meaning and intent of executive Order No. 41.
We agree with both the court of Appeals and court of Tax Appeals that Executive Order
No. 41 is quite explicit and requires hardly anything beyond a simple application of its
provisions. It reads:
Sec. 1. Scope of Amnesty. A one-time tax amnesty covering unpaid income taxes for
the years 1981 to 1985 is hereby declared.
g) Those liable under Title Seven, Chapter Three (Frauds, Illegal Exactions and
Transactions) and Chapter Four (Malversation of Public Funds and Property) of the
Revised Penal Code, as amended.
a) file a sworn statement declaring his net worth as of December 31, 1985;
xxx xxx xxx
b) file a certified true copy of his statement declaring his net worth as of December 31,
1980 on record with the Bureau of Internal Revenue, or if no such record exists, file a
statement of said net worth therewith, subject to verification by the Bureau of Internal
Revenue;
c) file a return and pay a tax equivalent to ten per cent (10%) of the increase in net worth
from December 31, 1980 to December 31, 1985: Provided, That in no case shall the tax
be less than P5,000.00 for individuals and P10,000.00 for judicial persons.
Sec. 3. Computation of Net Worth. In computing the net worths referred to in Section 2
hereof, the following rules shall govern:
DONE in the City of Manila, this 22nd day of August in the year of Our Lord, nineteen
hundred and eighty-six.
The period of the amnesty was later extended to 05 December 1986 from 31 October
1986 by Executive Order No. 54, dated 04 November 1986, and, its coverage expanded,
under Executive Order No. 64, dated 17 November 1986, to include estate and honors
taxes and taxes on business.
b) Foreign currencies shall be valued at the rates of exchange prevailing as of the date of
the net worth statement.
Sec. 4. Exceptions. The following taxpayers may not avail themselves of the amnesty
herein granted:
a) Those falling under the provisions of Executive Order Nos. 1, 2 and 14;
b) Those with income tax cases already filed in Court as of the effectivity hereof;
c) Those with criminal cases involving violations of the income tax already filed in court
as of the effectivity filed in court as of the effectivity hereof;
d) Those that have withholding tax liabilities under the National Internal Revenue Code,
as amended, insofar as the said liabilities are concerned;
e) Those with tax cases pending investigation by the Bureau of Internal Revenue as of
the effectivity hereof as a result of information furnished under Section 316 of the
National Internal Revenue Code, as amended;
f) Those with pending cases involving unexplained or unlawfully acquired wealth before
the Sandiganbayan;
If, as the Commissioner argues, Executive Order No. 41 had not been intended to
include 1981-1985 tax liabilities already assessed (administratively) prior to 22 August
1986, the law could have simply so provided in its exclusionary clauses. It did not. The
conclusion is unavoidable, and it is that the executive order has been designed to be in
the nature of a general grant of tax amnesty subject only to the
cases specifically excepted by it.
It might not be amiss to recall that the taxable periods covered by the amnesty include
the years immediately preceding the 1986 revolution during which time there had been
persistent calls, all too vivid to be easily forgotten, for civil disobedience, most particularly
in the payment of taxes, to the martial law regime. It should be understandable then that
those who ultimately took over the reigns of government following the successful
revolution would promptly provide for abroad, and not a confined, tax amnesty.
Relative to the two other issued raised by the Commissioner, we need only quote from
Executive Order No. 41 itself; thus:
b) The taxpayer's tax amnesty declaration shall not be admissible in evidence in all
proceedings before judicial, quasi-judicial or administrative bodies, in which he is a
defendant or respondent, and the same shall not be examined, inquired or looked into by
any person, government official, bureau or office.
ESCOLIN, J.:
Invoking the people's right to be informed on matters of public concern, a right
recognized in Section 6, Article IV of the 1973 Philippine Constitution, 1 as well as the
principle that laws to be valid and enforceable must be published in the Official Gazette
or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel
respondent public officials to publish, and/or cause the publication in the Official Gazette
of various presidential decrees, letters of instructions, general orders, proclamations,
executive orders, letter of implementation and administrative orders.
Specifically, the publication of the following presidential issuances is sought:
a] Presidential Decrees Nos. 12, 22, 37, 38, 59, 64, 103, 171, 179, 184, 197, 200, 234,
265, 286, 298, 303, 312, 324, 325, 326, 337, 355, 358, 359, 360, 361, 368, 404, 406,
415, 427, 429, 445, 447, 473, 486, 491, 503, 504, 521, 528, 551, 566, 573, 574, 594,
599, 644, 658, 661, 718, 731, 733, 793, 800, 802, 835, 836, 923, 935, 961, 1017-1030,
1050, 1060-1061, 1085, 1143, 1165, 1166, 1242, 1246, 1250, 1278, 1279, 1300, 1644,
1772, 1808, 1810, 1813-1817, 1819-1826, 1829-1840, 1842-1847.
thereby may file a verified petition in the proper court alleging the facts with certainty and
praying that judgment be rendered commanding the defendant, immediately or at some
other specified time, to do the act required to be done to Protect the rights of the
petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful
acts of the defendant.
Upon the other hand, petitioners maintain that since the subject of the petition concerns a
public right and its object is to compel the performance of a public duty, they need not
show any specific interest for their petition to be given due course.
The issue posed is not one of first impression. As early as the 1910 case of Severino vs.
Governor General, 3 this Court held that while the general rule is that "a writ of
mandamus would be granted to a private individual only in those cases where he has
some private or particular interest to be subserved, or some particular right to be
protected, independent of that which he holds with the public at large," and "it is for the
public officers exclusively to apply for the writ when public rights are to be subserved
[Mithchell vs. Boardmen, 79 M.e., 469]," nevertheless, "when the question is one of
public right and the object of the mandamus is to procure the enforcement of a public
duty, the people are regarded as the real party in interest and the relator at whose
instigation the proceedings are instituted need not show that he has any legal or special
interest in the result, it being sufficient to show that he is a citizen and as such interested
in the execution of the laws [High, Extraordinary Legal Remedies, 3rd ed., sec. 431].
Thus, in said case, this Court recognized the relator Lope Severino, a private individual,
as a proper party to the mandamus proceedings brought to compel the Governor
General to call a special election for the position of municipal president in the town of
Silay, Negros Occidental. Speaking for this Court, Mr. Justice Grant T. Trent said:
We are therefore of the opinion that the weight of authority supports the proposition that
the relator is a proper party to proceedings of this character when a public right is sought
to be enforced. If the general rule in America were otherwise, we think that it would not
be applicable to the case at bar for the reason 'that it is always dangerous to apply a
general rule to a particular case without keeping in mind the reason for the rule, because,
if under the particular circumstances the reason for the rule does not exist, the rule itself
is not applicable and reliance upon the rule may well lead to error'
No reason exists in the case at bar for applying the general rule insisted upon by counsel
for the respondent. The circumstances which surround this case are different from those
in the United States, inasmuch as if the relator is not a proper party to these proceedings
no other person could be, as we have seen that it is not the duty of the law officer of the
Government to appear and represent the people in cases of this character.
The clear object of the above-quoted provision is to give the general public adequate
notice of the various laws which are to regulate their actions and conduct as citizens.
Without such notice and publication, there would be no basis for the application of the
maxim "ignorantia legis non excusat." It would be the height of injustice to punish or
otherwise burden a citizen for the transgression of a law of which he had no notice
whatsoever, not even a constructive one.
Perhaps at no time since the establishment of the Philippine Republic has the publication
of laws taken so vital significance that at this time when the people have bestowed upon
the President a power heretofore enjoyed solely by the legislature. While the people are
kept abreast by the mass media of the debates and deliberations in the Batasan
Pambansaand for the diligent ones, ready access to the legislative recordsno such
publicity accompanies the law-making process of the President. Thus, without
publication, the people have no means of knowing what presidential decrees have
actually been promulgated, much less a definite way of informing themselves of the
specific contents and texts of such decrees. As the Supreme Court of Spain ruled: "Bajo
la denominacion generica de leyes, se comprenden tambien los reglamentos, Reales
decretos, Instrucciones, Circulares y Reales ordines dictadas de conformidad con las
mismas por el Gobierno en uso de su potestad. 5
The very first clause of Section I of Commonwealth Act 638 reads: "There shall be
published in the Official Gazette ... ." The word "shall" used therein imposes upon
respondent officials an imperative duty. That duty must be enforced if the Constitutional
right of the people to be informed on matters of public concern is to be given substance
and reality. The law itself makes a list of what should be published in the Official Gazette.
Such listing, to our mind, leaves respondents with no discretion whatsoever as to what
must be included or excluded from such publication.
The publication of all presidential issuances "of a public nature" or "of general
applicability" is mandated by law. Obviously, presidential decrees that provide for fines,
forfeitures or penalties for their violation or otherwise impose a burden or. the people,
such as tax and revenue measures, fall within this category. Other presidential issuances
which apply only to particular persons or class of persons such as administrative and
executive orders need not be published on the assumption that they have been
circularized to all concerned. 6
It is needless to add that the publication of presidential issuances "of a public nature" or
"of general applicability" is a requirement of due process. It is a rule of law that before a
person may be bound by law, he must first be officially and specifically informed of its
contents. As Justice Claudio Teehankee said in Peralta vs. COMELEC 7:
From the report submitted to the Court by the Clerk of Court, it appears that of the
presidential decrees sought by petitioners to be published in the Official Gazette, only
Presidential Decrees Nos. 1019 to 1030, inclusive, 1278, and 1937 to 1939, inclusive,
have not been so published. 10 Neither the subject matters nor the texts of these PDs
can be ascertained since no copies thereof are available. But whatever their subject
matter may be, it is undisputed that none of these unpublished PDs has ever been
implemented or enforced by the government. In Pesigan vs. Angeles, 11 the Court,
through Justice Ramon Aquino, ruled that "publication is necessary to apprise the public
of the contents of [penal] regulations and make the said penalties binding on the persons
affected thereby. " The cogency of this holding is apparently recognized by respondent
officials considering the manifestation in their comment that "the government, as a matter
of policy, refrains from prosecuting violations of criminal laws until the same shall have
been published in the Official Gazette or in some other publication, even though some
criminal laws provide that they shall take effect immediately.
WHEREFORE, the Court hereby orders respondents to publish in the Official Gazette all
unpublished presidential issuances which are of general application, and unless so
published, they shall have no binding force and effect.
SO ORDERED.
Consistently with the above principle, this Court in Rutter vs. Esteban 9 sustained the
right of a party under the Moratorium Law, albeit said right had accrued in his favor
before said law was declared unconstitutional by this Court.
A.M. No. RTJ-92-876 September 19, 1994
Similarly, the implementation/enforcement of presidential decrees prior to their
publication in the Official Gazette is "an operative fact which may have consequences
which cannot be justly ignored. The past cannot always be erased by a new judicial
declaration ... that an all-inclusive statement of a principle of absolute retroactive
invalidity cannot be justified."
STATE
PROSECUTORS, complainants,
vs.
JUDGE MANUEL T. MURO, Regional Trial Court, Branch 54, Manila, respondent.
PER CURIAM:
In assaying the requisite norms for qualifications and eminence of a magistrate, legal
authorities place a premium on how he has complied with his continuing duty to know the
law. A quality thus considered essential to the judicial character is that of "a man of
learning who spends tirelessly the weary hours after midnight acquainting himself with
the great body of traditions and the learning of the law; is profoundly learned in all the
learning of the law; and knows how to use that learning." 1
Obviously, it is the primary duty of a judge, which he owes to the public and to the legal
profession, to know the very law he is supposed to apply to a given controversy. He is
called upon to exhibit more than just a cursory acquaintance with the statutes and
procedural rules. Party litigants will have great faith in the administration of justice if
judges cannot justly be accused of apparent deficiency in their grasp of the legal
principles. For, service in the judiciary means a continuous study and research on the law
from beginning to end. 2
In a letter-complaint 3 dated August 19, 1992, respondent Judge Manuel T. Muro of the
Regional Trial Court (RTC) of Manila, Branch 54, was charged by State Prosecutors Nilo
C. Mariano, George C. Dee and Paterno V. Tac-an with ignorance of the law, grave
misconduct and violations of Rules 2.01, 3.01 and 3.02 of the Code of Judicial Conduct,
committed as follows:
1. That on August 13, 1992, respondent judge issued an Order dismissing eleven (11)
cases (docketed as Crim. Cases Nos. 92-101959 to 92- 101969, inclusive) filed by the
undersigned complainant prosecutors (members of the DOJ Panel of Prosecutors)
against the accused Mrs. Imelda Romualdez Marcos, for Violation of Central Bank
Foreign Exchange Restrictions, as consolidated in CB Circular No. 960, in relation to the
penal provisions of Sec. 34 of R.A. 265, as amended, . . .;
2. That respondent Judge issued his Order solely on the basis of newspaper reports
(August 11, 1992 issues of the Philippine Daily Inquirer and the Daily Globe) concerning
the announcement on August 10, 1992 by the President of the Philippines of the lifting by
the government of all foreign exchange restrictions and the arrival at such decision by the
Monetary Board as per statement of Central Bank Governor Jose Cuisia;
3. That claiming that the reported announcement of the Executive Department on the
lifting of foreign exchange restrictions by two newspapers which are reputable and of
national circulation had the effect of repealing Central Bank Circular No. 960, as
allegedly supported by Supreme Court decisions . . ., the Court contended that it was
deprived of jurisdiction, and, therefore, motu, prop(r)io had to dismiss all the eleven
cases aforementioned "for not to do so opens this Court to charges of trying cases over
which it has no more jurisdiction;"
4. That in dismissing aforecited cases on August 13, 1992 on the basis of a Central Bank
Circular or Monetary Board Resolution which as of date hereof, has not even been
officially issued, and basing his Order/decision on a mere newspaper account of the
advance announcement made by the President of the said fact of lifting or liberalizing
foreign exchange controls, respondent judge acted prematurely and in indecent haste, as
he had no way of determining the full intent of the new CB Circular or Monetary Board
resolution, and whether the same provided for exception, as in the case of persons who
had pending criminal cases before the courts for violations of Central Bank Circulars
and/or regulations previously issued on the matter;
5. That respondent Judge's arrogant and cavalier posture in taking judicial notice
purportedly as a matter of public knowledge a mere newspaper account that the
President had announced the lifting of foreign exchange restrictions as basis for his
assailed order of dismissal is highly irregular, erroneous and misplaced. For the
respondent judge to take judicial notice thereof even before it is officially released by the
Central Bank and its full text published as required by law to be effective shows his
precipitate action in utter disregard of the fundamental precept of due process which the
People is also entitled to and exposes his gross ignorance of the law, thereby tarnishing
public confidence in the integrity of the judiciary. How can the Honorable Judge take
judicial notice of something which has not yet come into force and the contents, shape
and tenor of which have not yet been published and ascertained to be the basis of
judicial action? The Honorable Judge had miserably failed to "endeavor diligently to
ascertain the facts" in the case at bar contrary to Rule 3.02 of the Code of Judicial
Conduct constituting Grave Misconduct;
6. That respondent Judge did not even ha(ve) the prudence of requiring first the
comment of the prosecution on the effect of aforesaid Central Bank Circular/Monetary
Board resolution on the pending cases before dismissing the same, thereby denying the
Government of its right to due process;
7. That the lightning speed with which respondent Judge acted to dismiss the cases may
be gleaned from the fact that such precipitate action was undertaken despite already
scheduled continuation of trial dates set in the order of the court (the prosecution having
started presenting its evidence . . .) dated August 11, 1992 to wit: August 31, September
3, 10, 21, & 23 and October 1, 1992, all at 9:30 o'clock in the morning, in brazen
disregard of all notions of fair play, thereby depriving the Government of its right to be
heard, and clearly exposing his bias and partiality; and
be effected in the future, because of the use of the present perfect tense or past tense
"has lifted," not that he "intends to lift," foreign exchange controls.
Finally, respondent judge asseverates that complainants who are officers of the
Department of Justice, violated Section 6, Rule 140 of the Rules of Court which provides
that "proceedings against judges of first instance shall be private and confidential" when
they caused to be published in the newspapers the filing of the present administrative
case against him; and he emphasizes the fact that he had to immediately resolve a
simple and pure legal matter in consonance with the admonition of the Supreme Court
for speedy disposition of cases.
In their reply 5 and supplemental reply, 6 complainants aver that although the saving
clause under Section 16 of CB Circular No. 1353 made specific reference to CB Circular
No. 1318, it will be noted that Section 111 of Circular No. 1318, which contains a saving
clause substantially similar to that of the new circular, in turn refers to and includes
Circular No. 960. Hence, whether under Circular No. 1318 or Circular No. 1353, pending
cases involving violations of Circular No. 960 are excepted from the coverage thereof.
Further, it is alleged that the precipitate dismissal of the eleven cases, without according
the prosecution the opportunity to file a motion to quash or a comment, or even to show
cause why the cases against accused Imelda R. Marcos should not be dismissed, is
clearly reflective of respondent's partiality and bad faith. In effect, respondent judge acted
as if he were the advocate of the accused.
On December 9, 1993, this Court issued a resolution referring the complaint to the Office
of the Court Administrator for evaluation, report and recommendation, pursuant to
Section 7, Rule 140 of the Rules of Court, as revised, there being no factual issues
involved. The corresponding report and recommendation, 7 dated February 14, 1994,
was submitted by Deputy Court Administrator Juanito A. Bernad, with the approval of
Court Administrator Ernani Cruz-Pao.
The questioned order 8 of respondent judge reads as follows:
These eleven (11) cases are for Violation of Central Bank Foreign Exchange Restrictions
as consolidated in CB Circular No. 960 in relation to the penal provision of Sec. 34 of
R.A. 265, as amended.
The accused Mrs. Imelda R. Marcos pleaded not guilty to all these cases; apparently the
other accused in some of these cases, Roberto S. Benedicto, was not arrested and
therefore the Court did not acquire jurisdiction over his person; trial was commenced as
against Mrs. Marcos.
The order was issued motu proprio, i.e., without any motion to dismiss filed by counsel
for the accused, without giving an opportunity for the prosecution to be heard, and solely
on the basis of newspaper reports announcing that the President has lifted all foreign
exchange restrictions.
The newspaper report is not the publication required by law in order that the enactment
can become effective and binding. Laws take effect after fifteen days following the
completion of their publication in the Official Gazette or in a newspaper of general
circulation unless it is otherwise provided (Section 1, Executive Order No. 200). The full
text of CB Circular 1353, series of 1992, entitled "Further Liberalizing Foreign Exchange
Regulation" was published in the August 27, 1992 issue of the Manila Chronicle, the
Philippine Star and the Manila Bulletin. Per certification of the CB Corporate Affairs
Office, CB Circular No. 1353 took effect on September 2 . . . .
Considering that respondent judge admittedly had not seen the official text of CB Circular
No. 1353, he was in no position to rule judiciously on whether CB Circular No. 960, under
which the accused Mrs. Marcos is charged, was already repealed by CB Circular No.
1353. . . .
xxx xxx xxx
A cursory reading of the . . . provision would have readily shown that the repeal of the
regulations on non-trade foreign exchange transactions is not absolute, as there is a
provision that with respect to violations of former regulations that are the subject of
pending actions or investigations, they shall be governed by the regulations existing at
the time the cause of action (arose). Thus his conclusion that he has lost jurisdiction over
the criminal cases is precipitate and hasty. Had he awaited the filing of a motion to
dismiss by the accused, and given opportunity for the prosecution to comment/oppose
the same, his resolution would have been the result of deliberation, not speculation.
I. The doctrine of judicial notice rests on the wisdom and discretion of the courts. The
power to take judicial notice is to be exercised by courts with caution; care must be taken
that the requisite notoriety exists; and every reasonable doubt on the subject should be
promptly resolved in the negative. 10
Generally speaking, matters of judicial notice have three material requisites: (1) the
matter must be one of common and general knowledge; (2) it must be well and
authoritatively settled and not doubtful or uncertain; and (3) it must be known to be within
the limits of the jurisdiction of the court. 11 The provincial guide in determining what facts
may be assumed to be judicially known is that of notoriety. 12 Hence, it can be said that
judicial notice is limited to facts evidenced by public records and facts of general
notoriety. 13
amended or modified by this Circular, violations of which are the subject of pending
actions or investigations, shall not be considered repealed insofar as such pending
actions or investigations are concerned, it being understood that as to such pending
actions or investigations, the regulations existing at the time the cause of action accrued
shall govern.
Respondent judge contends that the saving clause refers only to the provisions of
Circular No. 1318, whereas the eleven criminal cases he dismissed involve a violation of
CB Circular No. 960. Hence, he insists, Circular No. 960 is deemed repealed by the new
circular and since the former is not covered by the saving clause in the latter, there is no
more basis for the charges involved in the criminal cases which therefore warrant a
dismissal of the same. The contention is patently unmeritorious.
Firstly, the second part of the saving clause in Circular No. 1353 explicitly provides that
"any regulation on non-trade foreign transactions which has been repealed, amended or
modified by this Circular, violations of which are the subject of pending actions or
investigations, shall not be considered repealed insofar as such pending actions or
investigations are concerned, it being understood that as to such pending actions or
Respondent judge, in the guise of exercising discretion and on the basis of a mere investigations, theregulations existing at the time the cause of action accrued shall
newspaper account which is sometimes even referred to as hearsay evidence twice govern." The terms of the circular are clear and unambiguous and leave no room for
removed, took judicial notice of the supposed lifting of foreign exchange controls, a interpretation. In the case at bar, the accused in the eleven cases had already been
matter which was not and cannot be considered of common knowledge or of general arraigned, had pleaded not guilty to the charges of violations of Circular No. 960, and
notoriety. Worse, he took cognizance of an administrative regulation which was not yet in said cases had already been set for trial when Circular No. 1353 took effect.
force when the order of dismissal was issued. Jurisprudence dictates that judicial notice Consequently, the trial court was and is supposed to proceed with the hearing of the
cannot be taken of a statute before it becomes effective. 19 The reason is simple. A law cases in spite of the existence of Circular No. 1353.
which is not yet in force and hence, still inexistent, cannot be of common knowledge
capable of ready and unquestionable demonstration, which is one of the requirements Secondly, had respondent judge only bothered to read a little more carefully the texts of
before a court can take judicial notice of a fact.
the circulars involved, he would have readily perceived and known that Circular No. 1318
Evidently, it was impossible for respondent judge, and it was definitely not proper for him,
to have taken cognizance of CB Circular No. 1353, when the same was not yet in force
at the time the improvident order of dismissal was issued.
II. Central Bank Circular No. 1353, which took effect on September 1, 1992, further
liberalized the foreign exchange regulations on receipts and disbursements of residents
arising from non-trade and trade transactions. Section 16 thereof provides for a saving
clause, thus:
Sec. 16. Final Provisions of CB Circular No. 1318. - All the provisions in Chapter X of CB
Circular No. 1318 insofar as they are not inconsistent with, or contrary to the provisions
of this Circular, shall remain in full force and effect: Provided, however, that any
regulation on non-trade foreign exchange transactions which has been repealed,
also contains a substantially similar saving clause as that found in Circular No. 1353,
since Section 111 of the former provides:
Sec. 111. Repealing clause. - All existing provisions of Circulars 365, 960 and 1028,
including amendments thereto, with the exception of the second paragraph of Section 68
of Circular 1028, as well as all other existing Central Bank rules and regulations or parts
thereof, which are inconsistent with or contrary to the provisions of this Circular, are
hereby repealed or modified accordingly: Provided, however, that regulations, violations
of which are the subject of pending actions or investigations, shall be considered
repealed insofar as such pending actions or investigations are concerned, it being
understood that as to such pending actions or investigations, the regulations existing at
the time the cause of action accrued shall govern.
even to give the appearance of catering to the at-times human failing of yielding to first
impressions. 24 He having done so, in the face of the foregoing premises, this Court is
hard put to believe that he indeed acted in good faith.
IV. This is not a simple case of a misapplication or erroneous interpretation of the law.
The very act of respondent judge in altogether dismissing sua sponte the eleven criminal
cases without even a motion to quash having been filed by the accused, and without at
least giving the prosecution the basic opportunity to be heard on the matter by way of a
written comment or on oral argument, is not only a blatant denial of elementary due
process to the Government but is palpably indicative of bad faith and partiality.
The avowed desire of respondent judge to speedily dispose of the cases as early as
possible is no license for abuse of judicial power and discretion, 25 nor does such
professed objective, even if true, justify a deprivation of the prosecution's right to be
heard
and
a
violation
of
its
right
to
due
process
of
law. 26
Moreover, it has always heretofore been the rule that in disposing of controverted cases,
judges should show their full understanding of the case, avoid the suspicion of arbitrary
conclusion, promote confidence in their intellectual integrity and contribute useful
precedents to the growth of the law. 22 A judge should be mindful that his duty is the
application of general law to particular instances, that ours is a government of laws and
not of men, and that he violates his duty as a minister of justice under such a system if
he seeks to do what he may personally consider substantial justice in a particular case
and disregards the general law as he knows it to be binding on him. Such action may
have detrimental consequences beyond the immediate controversy. He should
administer his office with due regard to the integrity of the system of the law itself,
remembering that he is not a depository of arbitrary power, but a judge under the
sanction of the law. 23 These are immutable principles that go into the very essence of
the task of dispensing justice and we see no reason why they should not be duly
considered in the present case.
The lightning speed, to borrow the words of complainants, with which respondent judge
resolved to dismiss the cases without the benefit of a hearing and without reasonable
notice to the prosecution inevitably opened him to suspicion of having acted out of
partiality for the accused. Regardless of how carefully he may have evaluated changes in
the factual situation and legal standing of the cases, as a result of the newspaper report,
the fact remains that he gave the prosecution no chance whatsoever to show or prove
that it had strong evidence of the guilt of the accused. To repeat, he thereby effectively
deprived the prosecution of its right to due process. 27 More importantly, notwithstanding
the fact that respondent was not sure of the effects and implications of the President's
announcement, as by his own admission he was in doubt whether or not he should
dismiss the cases, 28 he nonetheless deliberately refrained from requiring the
prosecution to comment thereon. In a puerile defense of his action, respondent judge can
but rhetorically ask: "What explanation could have been given? That the President was
talking 'through his hat' and should not be believed? That I should wait for the publication
of a still then non- existent CB Circular?" The pretended cogency of this ratiocination
cannot stand even the minutest legal scrutiny.
The assertion of respondent judge that there was no need to await publication of Circular
No. 1353 for the reason that the public announcement made by the President in several
newspapers of general circulation lifting foreign exchange controls is total, absolute,
without qualification, and immediately effective, is beyond comprehension. As a judge of
the Regional Trial Court of Manila, respondent is supposed to be well-versed in the
elementary legal mandates on the publication of laws before they take effect. It is
inconceivable that respondent should insist on an altogether different and illogical
interpretation of an established and well-entrenched rule if only to suit his own personal
opinion and, as it were, to defend his indefensible action. It was not for him to indulge or
In order that bias may not be imputed to a judge, he should have the patience and
circumspection to give the opposing party a chance to present his evidence even if he
thinks that the oppositor's proofs might not be adequate to overthrow the case for the
other party. A display of petulance and impatience in the conduct of the trial is a norm of
conduct which is inconsistent with the "cold neutrality of an impartial judge." 29 At the
very least, respondent judge acted injudiciously and with unjustified haste in the outright
dismissal of the eleven cases, and thereby rendered his actuation highly dubious.
In the present case, a cursory perusal of the comment filed by respondent judge reveals
that no substantial argument has been advanced in plausible justification of his act. He
utterly failed to show any legal, factual, or even equitable justification for the dismissal of
the eleven criminal cases. The explanation given is no explanation at all. The strained
and fallacious submissions therein do not speak well of respondent and cannot but
further depreciate his probity as a judge. On this point, it is best that pertinent unedited
excerpts from his comment 32 be quoted by way of graphic illustration and emphasis:
On the alleged ignorance of the law imputed to me, it is said that I issued the Order
dismissing the eleven (11) cases against Mrs. Imelda R. Marcos on the basis of
newspaper reports referred to in paragraph 2 of the letter complaint without awaiting the
official publication of the Central Bank Circular. Ordinarily a Central Bank
Circular/Resolution must be published in the Official Gazette or in a newspaper of
general circulation, but the lifting of "all foreign exchange controls" was announced by the
President of the Philippines WITHOUT QUALIFICATIONS; as published in the Daily
Globe, August 11, 1992" the government has lifted ALL foreign exchange controls," and
in the words of the Philippine Daily Inquirer report of the same date "The government
yesterday LIFTED the LAST remaining restrictions on foreign exchange
transactions, . . ." (emphasis in both quotations supplied) not only the President made
the announcement but also the Central Bank Governor Jose Cuisia joined in the
announcement by saying that "the Monetary Board arrived at the decision after noting
how the "partial liberalization" initiated early this year worked."
Therefore, because of the ABSOLUTE lifting of ALL restrictions on foreign exchange
transactions, there was no need to await the publication of the repealing circular of the
Central Bank. The purpose of requiring publication of laws and administrative rules
affecting the public is to inform the latter as to how they will conduct their affairs and how
they will conform to the laws or the rules. In this particular case, with the total lifting of the
controls, there is no need to await publication. It would have been different if the circular
that in effect repealed Central Bank Circular No. 960, under which the accused was
charged in the cases dismissed by me, had provided for penalties and/or modified the
provisions of said Circular No. 960.
The Complainants state that the lifting of controls was not yet in force when I dismissed
the cases but it should be noted that in the report of the two (2) newspapers aforequoted,
the President's announcement of the lifting of controls was stated in the present perfect
tense (Globe) or past tense (Inquirer). In other words, it has already been lifted; the
announcement did not say that the government INTENDS to lift all foreign exchange
restrictions but instead says that the government "has LIFTED all foreign exchange
controls," and in the other newspaper cited above, that "The government yesterday lifted
the last remaining restrictions on foreign exchange transactions". The lifting of the last
remaining exchange regulations effectively cancelled or repealed Circular No. 960.
The Court strongly feels that it has every right to assume and expect that respondent
judge is possessed with more than ordinary credentials and qualifications to merit his
appointment as a presiding judge in the Regional Trial Court of the National Capital
Judicial Region, stationed in the City of Manila itself. It is, accordingly, disheartening and
regrettable to note the nature of the arguments and the kind of logic that respondent
judge would want to impose on this Court notwithstanding the manifest lack of cogency
thereof. This calls to mind similar scenarios and how this Court reacted thereto.
In one case, an RTC Judge was administratively charged for acquitting the accused of a
violation of CB Circular No. 960 despite the fact that the accused was apprehended with
US$355,349.00 while boarding a plane for Hongkong, erroneously ruling that the State
must first prove criminal intent to violate the law and benefit from the illegal act, and
further ordering the return of US$3,000.00 out of the total amount seized, on the
mistaken interpretation that the CB circular exempts such amount from seizure.
Respondent judge therein was ordered dismissed from the government service for gross
incompetence and ignorance of the law. 33
Subsequently, the Court dismissed another RTC judge, with forfeiture of retirement
benefits, for gross ignorance of the law and for knowingly rendering an unjust order or
judgment when he granted bail to an accused charged with raping an 11-year old girl,
despite the contrary recommendation of the investigating judge, and thereafter granted
the motion to dismiss the case allegedly executed by the complainant. 34
Similarly, an RTC judge who was described by this Court as one "who is ignorant of fairly
elementary and quite familiar legal principles and administrative regulations, has a
marked penchant for applying unorthodox, even strange theories and concepts in the
adjudication of controversies, exhibits indifference to and even disdain for due process
and the rule of law, applies the law whimsically, capriciously and oppressively, and
displays bias and impartiality," was dismissed from the service with forfeiture of all
retirement benefits and with prejudice to reinstatement in any branch of the government
or any of its agencies or instrumentalities. 35
Still in another administrative case, an RTJ judge was also dismissed by this Court for
gross ignorance of the law after she ordered, in a probate proceeding, the cancellation of
the certificates of title issued in the name of the complainant, without affording due
process to the latter and other interested parties. 36
Only recently, an RTC judge who had been reinstated in the service was dismissed after
he acquitted all the accused in four criminal cases for illegal possession of firearms, on
the ground that there was no proof of malice or deliberate intent on the part of the
accused to violate the law. The Court found him guilty of gross ignorance of the law, his
BIDIN, J.:
This is a petition for review on certiorari seeking to annul and set aside the decision of
the Court of Appeals * dated July 26, 1977 in CA-G.R. No. 54674-R entitled "BENITO
ROSALES, et al, v. DON BOSCO TECHNICAL INSTITUTE" which affirmed the decision
On May 5, 1972, the Director of Private Schools rendered a decision holding that
Rommel Rosales was the rightful valedictorian.
... (It) is clearly evident that plaintiffs were not candid when they maintained that they
knew nothing about the school's petition for reconsideration, and that after all there was
nothing 'mysterious' about the School's actuations. Further, it is likewise clear from the
evidence that plaintiffs did seek the review by the Secretary of Education of the Director's
ruling, and that at the time the School filed its motion to dismiss, the matter was still
pending resolution with the Secretary of Education. Hence, the court a quo incurred in no
error when it found that the decision of the Director of Private Schools dated May 5, 1972
was far from being final and that the administrative remedies availed of by plaintiffs had
not yet been exhausted.
On November 29, 1972, Rosales filed a complaint for damages itemized as follows:
P25,000.00 for moral damages; P15,000.00 for correctional damages and P5,000.00 for
attorney's fees, in view of the failure of the school to graduate Rommel Rosales as
valedictorian of his class.
As to the claim that plaintiffs have been denied due process, suffice it to say that the
dismissal of the complaint was based on the ground that it was premature, administrative
remedies not having been exhausted.
PREMISES CONSIDERED, decision appealed from is hereby affirmed in toto. No costs.
(pp. 26-27, Rollo)
The facts of the case as found by the Court of Appeals, are as follows:
On April 11, 1972, the Don Bosco Technical Institute (School, for short) posted the list of
honor students for the graduation of its elementary department which was to take place
on April 22,1972. Rommel Rosales a student of Grade VI, candidate for graduation and
likewise candidate for Valedictorian, reported to his parents that he was not listed as
Valedictorian of the class but that it was another boy by the name of Conrado Valerie.
The parents of Rommel demanded for a re-computation of the grades of their son who,
they averred, should be class valedictorian and filed a formal complaint with the Director
of Bureau of Private Schools against the school claiming anomalous ranking of honor
pupils for the grade school with a request for a review of the computations made by the
school.
In its answer, respondent school prayed that the complaint be dismissed on the ground
that the Director of Private Schools acting on its motion dated May 11, 1972 reconsidered
and set aside his decision of May 5, 1972 and instead "approved and/or confirmed the
selection and award of honors to the students concerned for the school year 1971-1972
as effected by the school." (p. 14, Rollo [R.A., p. 31])
Petitioners, in their reply, averred that said motion for reconsideration was mysteriously
filed, there being no original copies of the same in the Office of the Director of Private
Schools which would show the date of filing thereof and their corresponding receipt of a
copy thereof by the petitioners.
Respondent school however, insisted that their motion for reconsideration was regularly
filed and the assailed decision was in fact reconsidered as above stated on December
18,1972. The records show that petitioners filed a motion for reconsideration on January
11, 1973 of said decision of December 18, 1972 but was denied on January 19, 1973.
Thus, on February 7, 1973, petitioners appealed both decisions of December 18, 1972
and January 19, 1973 to the Secretary of Education which appeal was still pending at the
time of the filing of their complaint in court.
At the pre-trial, plaintiffs (petitioners herein) confirmed their filing of said appeal with the
Secretary of Education. For this reason, respondent school moved to dismiss the
complaint for lack of cause of action on the ground of plaintiff's (petitioner's) failure to
exhaust administrative remedies.
On September 14, 1973, the trial court issued an order which reads:
On April 20, 1972, the Chief of the Legal Division of the Bureau of Private Schools sent a
copy of the complaint by first indorsement to the Rector of herein respondent school.
Said comment was made on April 21, 1972, stating, among others, that the complaint
had lost its validity because the same was filed on the eve of the commencement
exercises of the school, in violation of the provision of paragraph 176, Section XI of the
Manual of Regulation for Private Schools requiring complaints of the kind to be filed not
later than ten (10) days before commencement exercises. However, defendant Rector
indicated that he would welcome an investigation in order to erase any doubt as to the
selection of the honor students of the grade school concerned.
Acting on the motion to dismiss dated August 20, 1 973 and the opposition thereto filed
by the plaintiffs and after hearing the oral argument of the plaintiffs during the hearing of
the motion, the Court finds that plaintiffs have not exhausted all administrative remedies
against the defendants and that it does not fall within any of the recognized exceptions to
the requirement. Since the complaint does not allege exhaustion of said remedies
principally on appeal to the Secretary of Education which was available to him, the Court
finds that the complaint does not allege facts sufficient to constitute cause of action.
The first issue involves findings of fact of the Court of Appeals and of the trial court which
as a general rule are final and may not be reviewed on appeal to this Court, subject to
certain exceptions which have been recognized and accepted by this court at one time or
another (Manlapaz v. Court of Appeals, 147 SCRA 238 [1987]).
Petitioners' position is to the effect that there was no motion for reconsideration of the
May 5, 1972 decision of the Director of Private Schools, so that the same has become
final and executory.
The Court of Appeals found that although the Record on Appeal does not contain a copy
of the alleged motion for reconsideration of the subject decision of May 5, 1972, it was
however, mentioned in the letter of the Director of Private Schools dated January 19,
1973 addressed to counsel of plaintiffs (petitioners herein) which reads:
This has reference to your request in behalf of Mrs. Emilia R. Rosales, for
reconsideration of the action taken by this Office as per letter dated December 18, 1972,
reconsidering its original stand on the matter of the ranking of honor students at the Don
Bosco Technical Institute, Mandaluyong, Rizal, for the school year 1971-72, as contained
in a letter dated May 5, 1972.
After a careful review of the records of the present case, in the light of existing rules and
regulations on the matter, this Office finds no valid cause or reason to modify or disturb
its action as embodied in a letter dated December 18, 1972.
Accordingly, please be informed that your request for reconsideration, as per letter dated
January 11, 1973, is denied. (p. 14, Rollo [R.A. pp. 28-29].
Thus, as correctly concluded by the Court of Appeals, the contents of aforesaid letter
indubitably establish that there was in fact the questioned motion for reconsideration
which was acted upon by the Director of Private Schools on December 18, 1972,
reconsidering his stand on May 5,1972; that petitioners knew about this reconsidered
stand otherwise they would not have written said request for reconsideration of the
decision of said Director of December 18, 1972, and that the request for reconsideration
written by Atty. Rabago in behalf of his clients, the herein petitioners was dated January
11, 1973 which was denied on January 19, 1973.
Subject complaint, Civil Case No. 16998, was filed with the trial court on November
29,1972, showing beyond dispute that the request for reconsideration judicially admitted
to have been filed by the petitioners on February 7, 1973 with the Secretary of Education
and Culture had not yet been resolved at the time of the filing of Civil Case No. 16998.
GANCAYCO, J.:p
The principal issue in this case is whether or not respondent Dr. Felipe A. Estrella who
holds the position of Director of the Philippine General Hospital (PGH) can invoke
security of tenure during his term of office notwithstanding the abolition of the said
position by the University of the Philippines Board of Regents.
Petitioners seek to annul and set aside the decision dated August 28, 1989 and the order
dated October 23, 1989 issued and rendered by respondent Judge, Honorable Jainal D.
Rasul of the Regional Trial Court, Branch 69, Pasig, Metro Manila. The dispositive
portion of the decision in question reads as follows:
WHEREFORE, in view of the foregoing and by virtue of preponderance of evidence, this
Court hereby renders judgment in favor of the plaintiff and against the defendants.
1. Permanently enjoining the Defendants Dr. Jose V. Abueva, in his capacity as UP
President; Dr. Ernesto Domingo, in his capacity as Chancellor of UP-Manila; the
Nomination Committee for the Director of the UP-PGH Medical Center and the UP Board
of Regents, from proceeding with the nomination of a Medical Director, until the
expiration of the term of office of the plaintiff, Dr. Felipe A. Estrella, Jr., in his capacity as
Director of the PGH or unless sooner removed, for cause provided by law;
I
RESPONDENT JUDGE COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING
TO LACK OF JURISDICTION IN HOLDING THAT RESPONDENT ESTRELLA IS
ENTITLED TO THE PROTECTIVE MANTLE OF THE CONSTITUTIONAL GUARANTEE
OF SECURITY OF TENURE
II
RESPONDENT JUDGE COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING
TO LACK OF JURISDICTION IN HOLDING THAT THE REORGANIZATION OF U.P.
MANILA INCLUDING THE PGH, WAS DONE IN BAD FAITH
III
RESPONDENT JUDGE COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING
TO LACK OF JURISDICTION IN HOLDING THAT RESPONDENT ESTRELLA NEED
NOT EXHAUST ADMINISTRATIVE REMEDIES BEFORE HE CAN BRING SUIT
AGAINST THE U.P. BOARD OF REGENTS, ET AL.
IV
RESPONDENT JUDGE COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING
TO LACK OF JURISDICTION IN HOLDING THAT THE REORGANIZATION PLAN FOR
THE U.P. PGH MEDICAL CENTER CANNOT YET BE IMPLEMENTED
key positions of UP Manila including that of plaintiff be declared vacant (Exhs. "C" to "C3"): that on March 20, 1988, the defendant Board of Regent upon recommendation of
defendants Abueva and Domingo approved the so-called reorganization plan for the
Philippine General Hospital.
On April 29, 1988, defendant Dr. Ernesto Domingo acting on instruction of defendant Dr.
Jose v. Abueva, U.P. President, issued a memorandum creating the Nomination
Committee for the UP-PGH Medical Center Director; that on May 10, 1988, defendantmembers of the Nomination Committee thus created, are scheduled to nominate plaintiff
s replacement as Director; that consequently on May 2, 1988, plaintiff filed with this
Court, his complaint for Injunction with Preliminary Injunction of temporary restraining
Order, seeking to enjoin defendants Abueva, Domingo, the Nomination Committee and
the ITP Board of Regents from proceeding with the nomination of UP-PGH medical
Center Director, in order to forestall the consequent removal/dismissal of the plaintiff Dr.
Felipe A. Estrella, Jr., incumbent PGH Director, even before the expiration of his term of
office on April 30, 1992 without any cause provided by law.
On May 2, this Court issued the Restraining Order and on May 30, After due hearing this
Court, thru its then Presiding Judge Hon. Julio Logarta issued the Writ of Preliminary
Injunction, enjoining defendants from implementing the reorganization plan for the UPPGH medical Center (Exh. "A" Affidavit of plaintiff Dr. Felipe A. Estrella, Jr.; Exh. "10"
Affidavit of defendant Dr. Ernesto O. Domingo; TSN pp. 1-23, June 1, 1989, TSN pp. 1106, June 1, 1989; TSN pp.1-52, June 1, 1989). 3
Respondent Judge, based on the evidence presented, concluded that the reorganization
of PGH was done in bad faith. Accordingly, the lower court ruled that respondent Dr.
Estrella cannot be removed from office as a result of such defective abolition of the
position to which he was appointed. Significant in this regard is the following
pronouncement of the lower court:
Going over the organizational structure of present set-up of the PGH and proposed
reorganizational structure, it appears that there are other minor differences aside from
changes of designations and enlargement of functions and powers, namely: (1) The
positions of Assistant Director for Administration and Assistant Director for Fiscal matters
in the present set-up are combined into only one position of Assistant Director for
Administrative and Fiscal Matters in the reorganization plan; (2) The position of Assistant
Director for Health Operation in the present set-up was changed to position of Director of
Health Services, directly under the UP-PGH Medical Center Director with one Assistant
Director for Allied Medical Services, under it, in the reorganization plan and (3) The five
(5) Departments of Oncology, Out-Patient Department, Emergency Room, Charity Ward
and Pay Ward under the present set-up were converted into Institute of Oncology, Out-
It is clear from the record that the PGH itself was not abolished in the reorganization plan
approved by the UP Board of Regents. The PGH was merely renamed "UP-PGH Medical
Center" and some of it functions and objectives were expanded or consolidated. There is
no substantial distinction, in terms of functions, between PGH and the proposed UP-PGH
Medical Center.
While PGH itself was not abolished, the position of PGH Director was abolished and in its
place, the position of UP-PGH Medical Center Director was created. After abolishing said
position, it was proposed to be reclassified as Director, Charity hospital, one of the five
(5) hospital director positions proposed to be created in the reorganized PGH.
The UP Board of Regents acted within the scope and limitations of its charter, Act No.
1870, as amended when it approved the reorganization plan renaming the PGH and
expanding and consolidating some of its functions and objectives. The UP Board of
Regents did not and could not have abolished PGH. And rightly so. The PGH and one of
its component units, the Cancer Institute, are creations of special laws, the old
Administrative, Code (Chapter 29, Secs. 706-707) and Commonwealth Act No. 398,
respectively. The authority of the UP under Act No. 1870 as amended, to combine two or
more colleges in the interest of economy and efficiency does not empower UP to abolish
offices created by special laws. Section 6(b) of Act No. 1870, al amended, reads as
follows:
(b) To provide for the establishment of one or more Colleges of Liberal Arts; a College of
Law; a College of Social and Political Science; a College of Medicine and Surgery; a
College of Pharmacy; a College of Dentistry; a College of Veterinary Science; a College
of Engineering; a College of Mines; a College of Agriculture; a College of Education; a
School of Fine Arts; a School of Forestry; a Conservatory of Music, and such other
colleges and schools as the Board of Regents may deem necessary: Provided, That the
Board of Regents may establish these colleges, or any of them, in Manila or in any other
place in the Archipelago, as soon as in its judgment conditions shall favor their opening
and finds shall be available for their maintenance: And provided further, That the Board
of Regents shall have the power to combine two or more of the colleges authorized by
this Act, in the interests of economy and efficiency And provided finally, That the
Philippine Medical School as established by Act Numbered Fourteen Hundred and
Fifteen as amended, shall become the College of Medicine and Surgery of the Philippine
University as soon as two or more colleges of the University of the Philippines shall have
been established and in actual operation.
It is therefore clear that the authority of the UP is limited to what is expressly provided in
Petitioners argue, however, that the abolition of the position of respondent Dr. Estrella Jr. Act No. 1870 as amended, that is, to combine or merge colleges. that is all the law
negates his claim to security of tenure. The argument is devoid of merit.
speaks of in such instance.
g was lacking. In this case, petitioners were poised to nominate and appoint a UP-PGH
Medical Center Director inspite of the absence of a staffing pattern. The absence of such
an important element in the reorganization plan contradicts the petitioners' claim of good
faith and only proves that petitioners were unreasonably in a hurry to remove respondent
Estrella from his office.
It is true that a valid and bona fide abolition of an office denies to the incumbent the right
to security of tenure. 8However, in this case, the renaming and restructuring of the PGH
and its component units cannot give rise to a valid and bona fide abolition of the position
of PGH Director. This is because where the abolished office and the offices created in its
place have similar functions, the abolition lacks good faith. 9 We hereby apply the
principle enunciated in Cesar Z. Dalio vs. Hon. Salvador M. Mison 10 that abolition which
merely changes the nomenclature of positions is invalid and does not result in the
removal of the incumbent.
Anent the issue regarding respondent Estrella's failure to exhaust all administrative
remedies, We hold that this case has special circumstances that made it fall under the
jurisprudentially accepted exceptions to the rule. As the facts show, respondent Dr.
Estrella was about to be replaced by the Nomination Committee. He must have believed
that airing his protest with the Board of Regents would only be fruitless and that unless
he goes to the courts, irreparable damage or injury on his part will be caused by the
implementation of the proposed reorganization.
The above notwithstanding, and assuming that the abolition of the position of the PGH
Director and the creation of a UP-PGH Medical Center Director are valid the removal of
the incumbent is still not justified for the reason that the duties and functions of the two
positions are basically the same. The UP-PGH Medical Center is essentially the same
PGH hence, the Medical Center Director will be performing duties very similar to the
present PGH Director. It cannot be invoked to sustain the argument that respondent is
not entitled to security of tenure. InPalma-Fernandez v. de la Paz, 11 the abolition of the
position of "Chief of Clinic" and the creation of the position of "Assistant Director,
Professional Services" were set aside for the reason that the two positions are basically
one and the same except for the change of nomenclature.
The proposal to establish five hospitals within the UP-PGH Medical Center, and with it,
the proposal to create five hospital director positions militate against the propriety of
giving due course to this petition. As presently organized, there is only one hospital
director position in the plantilla of positions of the PGH, the PGH Director. In the
proposed reorganization, such number will be increased to six, one UP-PGH Medical
Center Director and five directors for each of the five hospitals proposed to be
established namely, the Out-Patient Hospital, Emergency Hospital, Charity Hospital,
Non-Charity Hospital and Institute of Oncology. In Guerrero vs. Arizabal, 12 We held that
the creation of additional management positions in a proposed reorganization is evidence
of bad faith and is in violation of Republic Act No. 6656. We hold that the same applies to
the PGH reorganization.
Finally, the admission by petitioner Dr. Jose V. Abueva that the staffing pattern for the
reorganized PGH has not been prepared is fatal to petitioners' cause. In Dario v.
Mison, 13 We made the observation that no reorganization of the Bureau of Customs
actually took place since a staffing pattern which could have been the basis for hiring and
Respondent Judge did not commit any reversible error much less grave abuse of
discretion. The facts as supported by evidence established may no longer be disturbed.
WHEREFORE, the petition is DENIED for lack of merit. The Decision dated August 28,
1989 and Order dated October 23, 1989 of the respondent Judge are hereby
AFFIRMED in toto. No costs.
SO ORDERED.
PURISIMA, J.:
At bar is a petition for review on certiorari under Rule 45 of the Revised Rules of Court
assailing the Decision 1 of the Court of Appeals in CA-G.R. SP No. 26173.
The facts that matter are as follows:
Macario Aro was the former owner of two (2) parcels of agricultural land with an
aggregate area of 168.7 hectares, more or less in Barangay Malinta. Dasmarias Cavite.
The members of petitioner Samahang Magbubukid Ng Kapdula, Inc. were the tenants on
the two (2) parcels of land.
Sometimes in 1979 or 1980, Mr. Aro sold the said parcels of land to Arrow Head Golf
Club, Inc., which was founded by Ricardo Silverio who envisioned to establish a car
The parcels of land in question were later leased to the spouse, Ruben Rodriguez and
Gloria Bugagao, for a term of seven (7) years from July 8, 1983 to July 8, 1990 2, and
where then developed into a sugarcane plantation, with the herein private respondents
as the regular farmworkers.
I-A
On July 13, 1984, the same property was acquired by the Philippine National Bank (PNB)
at a Sheriff auction sale.3
In 1986, the members of petitioner sought the assistance of the former Ministry of
Agrarian Reform (MART), now Department of Agrarian Reform ("DAR"), thought then
Minister Heherson Alvarez, for their reinstatement as farmworkers thereon, but nothing
came out of such efforts.
The ownership of subject parcels of land was later transferred to the Asset Privatization
Trust ("APT") which conveyed the same on March 19, 1991 to the Republic of the
Philippines, represented by the DAR. 4
THE RESPONDENT COURT ERRED IN ITS FINDING THAT THERE WAS FAILURE TO
On March 26, 1991, in furtherance of its objective of instituting agrarian reform in the OBSERVE DUE PROCESS IN THE ISSUANCE OF THE TCT NOS. CLOA-1116 AND
country, the DAR issued Certificate of Land Ownership ("CLOA") Nos. 1116 5 and CLOA-1117 IN THE NAME OF HEREIN PETITIONER.
1117 6 for the said parcels of the land in favor of the petitioner.
On September 27, 1991, the private respondents filed a Petition for Certiorari with Court
of Appeals, assailing the issuance of said CLOAs to the petitioner.
On January 30, 1992, the Court of Appeals granted the petition, disposing thus:
WHEREFORE, the petition is hereby GRANTED in that the respondent. Department of
Agrarian Reform be directed to conduct a hearing and/or investigation, with due notice to
the herein petitioners, to determine the rightful beneficiaries of the subject parcels of land
in accordance with the R.A. No. 6657 or the CARP; and to cause the cancellation of the
Transfer Certificates of Title Nos. CLOA-1116 and 1117 in the name of private respondent
be found not intitled to the subject parcels of land. 7
Dissatisfied therewith, the petitioner has come to this Court to assail the Decision of the
Court of Appeals, contending that:
I
II-A
THE RESPONDENT COURT ERRED IN NOT UPHOLDING THE PRESUMPTION THAT
OFFICIAL DUTY HAS BEEN REGULARLY PERFORMED ABSENT EVIDENCE TO THE
CONTRARY.
III
THE RESPONDENT COURT ERRED IN DIRECTING THE DAR TO CONDUCT A
HEARING AND/OR INVESTIGATION, WITH DUE NOTICE TO HEREIN PRIVATE
RESPONDENTS, TO DETERMINE THE RIGHTFUL BENEFICIARIES OF THE
SUBJECT PARCELS OF LAND IN ACCORDANCE WITH R.A. NO. 6657, AND TO
CAUSE THE CANCELLATION OF TCT NOS. CLOA-1116 AND CLOA-1117 IN THE
NAME OF HEREIN PETITIONER SHOULD IT BE FOUND NOT ENTITLED THERETO.
III-A
Republic Act. No. 6389, Presidential Decree No. 27 and other agrarian laws and their
implementing rules and regulations.
IV
Specifically, such jurisdiction shall extend over but not be limited to the following:
(c) Cases involving the annulment or cancellation of orders or decisions or DAR officials
other than the secretary, lease contracts or deeds of sale or their amendments under the
administration and disposition of the DAR and LBP," (Rule II DARAB Revised Rules of
Procedure) (emphasis ours).
From the foregoing, it is decisively clear that DARAB may only entertain appeals from
decisions or orders of DAR officials other than the Secretary. It is also irrefutable that the
issuance of subject CLOAs constituted a decision of the Secretary, who issued and
signed the same. 10
Petitioner contends that before taking recourse to the Court of Appeals, the private
respondents should have first exhausted all administrative remedies available to them.
On the ground of non-exhaustion of administrative remedies, the respondent court
should have dismissed the petition of private respondents. To buttress its stance,
petitioner cited Section 50 8 of Republic Act No. 6657 (RA 6657) and Section 1 Rule II of
the Revised Rules of the DAR Adjudication Board 9 vesting the DAR and DAR
Adjudication Board (DARAB) with jurisdiction to resolve agrarian reform disputes,
including the issuance of CLOAs.
The Court Appeals, on the other hand, opined that determination by secretary of the
Department of Agrarian Reform as the rightful beneficiaries has the effect of a final ruling
or award by the DAR itself and therefore, resort to DARAB to question the ruling of the
Secretary would be improper. There is thus no need to exhaust administrative remedies,
under the premises.
But was there a denial of due process under the attendant facts and circumstances?
Respondent court found that the herein private respondents were denied the opportunity
to ventilate their stance before the DAR. But according to the petitioner, during the
investigation and conferences conducted on the question of inclusion of subject
properties in the Comprehensive Agrarian Reform Program of the government, Mr.
Ruben Rodriguez was notified of the same, as evidenced by Annexes "E" 13, "F" 14, "F1" 15, and "F-2". 16
From the DARAB Revised Rules of Procedure, it can be gleaned that decisions of the
DAR Secretary cannot be questioned before DARAB. Pertinent rules, provide:
Sec. 1. Primary, Original and Appellate Jurisdiction. The Agrarian Reform Adjudication
Board shall have primary jurisdiction, both original and appellate, to determine and
adjudicate all agrarian disputes, cases, controversies, and matters or incidents involving
the implementation of the Comprehensive Agrarian Reform Program under Republic Act.
6657, Executive Order Nos. 229, 228 and 129-A, Republic Act No. 3844 as amended by
Time and again, this court has ruled that in cases of denial of due process, exhaustion of
available administrative remedies is unnecessary. 12 The aggrieved party may seek
judicial relief outright.
Records show, however, that the letter (Annex "E"), which was supposed to be the notice
to the private respondents regarding the inclusion of subject properties in the CARP, was
ineffective. First of all, the letter of Provincial Agrarian Reform Officer Serapio T. Magpayo
to Mr. Ruben Rodriguez indicates no receipt of the same by Mr. Rodriguez nor was it
signed by Mr. Magpayo. Secondly, if it was ever sent, it was sent too late, the same being
dated June 5, 1991, when the said parcels of land had already been awarded to the
members petitioner. (The CLOAs under controversy were issued on March 26, 1991.)
BELLOSILLO, J.:
This case emphasizes with great force the awesome responsibility of counsel to
represent a client's cause with due diligence and zeal which necessarily excludes
improvident and unreasonable requests for postponement of hearings that only serve to
impede the speedy and inexpensive administration of justice.
not cured by transferring a long standing case to probably experienced lawyers who are
not available and on short notice.
. . . Solicitor Rodolfo Reodica had been appearing until suddenly at the hearing on May
10, 1995 Associate Solicitor Tagapan appeared and had expressed his unreadiness to
proceed at that time. The petition for postponement was granted . . . over the objection of
the respondent, notwithstanding the pendency of a petition for certiorari, prohibition
and mandamus already filed by the respondent to dispute a prior denial of his motion to
dismiss by reason of . . . the petitioner's earlier repeated failure to proceed . . . said
petition . . . now docketed as G.R. No. 119633. On September 22, 1995 . . . Associate
Solicitor. Tagapan informed the Court that he would be ready to present Major Samuel
Padilla on October 18, 19 and 20, 1995. Today, the Court is faced with the situation as
above stated.
The point of this Court's impatience on the transferring of cases to inexperienced lawyers
on short notice is that cases are unduly delayed and, perhaps, prejudiced by the
inexperienced; in fact, more than anything, the practice has demonstrated an apparent
low regard of Solicitors and Assistant Solicitors General for many "PCGG cases."
This case had been pending not only for a very long time but despite many false starts
from the petitioner. While indeed the Court has reacted negatively to the difficult
situations created by the assignment of young Solicitors such as Solicitor Reodica now
Solicitor Tagapan on short notice, the Court can not accept a rotation of young and
inexperienced Solicitors who are uninformed of the details of this case by reason of their
assignment on short notice as reasons for postponing this case on top of their informal
complaints of lack of cooperation from or coordination with the PCGG much less can the
Court accept the last minute substitutions of Solicitors with others who are not in this
country.
In view hereof, the petitioner is given ten (10) days from today within which to formally
offer whatever evidence exist (sic) on record with the respondent being given a like
period to comment thereon and to state his disposition on this matter with respect to the
presentation of his own evidence.
The setting for tomorrow is necessarily cancelled under the circumstances.
Petitioner moved that this Order be reconsidered and that it be allowed to present
evidence in a formal trial. The motion was denied by public respondent in its assailed
Resolution of 3 January 1996 thus
The "MOTION FOR RECONSIDERATION" dated 7 December 1995 of the Plaintiff is
Denied.
It is true that this Court expressed its impatience and disapproval over the practice of the
Office of the Solicitor General of passing on, actually "dumping" of certain cases such as
these to a succession of young inexperienced lawyers on short notice. This, however, is
Assigning this case, which has suffered long and innumerable postponements
attributable to plaintiff, to lawyers of the Office of the Solicitor General who are not even
in the country at the time of the setting neither responds to the problem nor demonstrates
appropriate concern for the case.
The petitioner is given fifteen (15) days to submit its written offer of evidence after which
the case of the plaintiff will be deemed submitted, with or without the offer.
Hence, this special civil action for certiorari, prohibition and mandamus.
The QSG contends that the Sandiganbayan gravely abused its discretion when it
deprived the Republic of its right to present evidence in a full-blown hearing amounting to
a violation of its right to due process. Counsel contends that the reasons given for the
requested resettings of the 19 and 20 October 1995 hearings were meritorious grounds
which were not intended to delay the case nor violate private respondent's right to a
speedy trial. The OSG further contends that public respondent should not have taken
against the Republic the fact that Major Samuel Padilla was indisposed on the day of the
hearing as it was a circumstance beyond its control while the re-assignment of the case
to Solicitor Miranda and Atty. Jaso was effected only in response to public respondent's
plaintive about the assignment of the case to young and untrained solicitors.
On 17 April 1996 we required respondents to file their respective comments on the
petition
without
granting
the
TRO
sought
by
petitioner.
Private
respondent's Comment and petitioner's Reply thereto were noted on 8 July 1996 and 4
February 1998, respectively. On 6 July 1998 we considered this case submitted for
decision without public respondent's comment when it failed to file the required pleading
for more than two (2) years from the time it was first required to do so and despite our
Resolution of 4 February 1998 reiterating our Resolution of 17 April 1996.
Plainly stated, the issue before us is whether public respondent Sandiganbayan
committed grave abuse of discretion in denying the Republic's oral motion for
postponement of the 19 and 20 October 1995 hearings and in requiring it to just formally
offer its evidence within fifteen (15) days from notice.
Petitioner failed to show such patent and grave abuse of discretion on the part of public
respondent in denying its oral motion for postponement. Records show that the 18, 19
and 20 October hearings were scheduled some five (5) months earlier, or on 10 May
1995, for several reasons among which was to give Associate Solicitor Tagapan of the
OSG, who appeared for the first time vice Solicitor Reodica, an opportunity to study the
case. 5 In addition, on 13 October 1995 when public respondent Sandiganbayan
canceled the 18 October hearing, it cautioned the parties that such cancellation
was without prejudice to the settings on 19 and 20 October 1995. 6
The rule that a party asking for postponement has absolutely no right to assume that its
motion would be granted, especially on less than three (3) days' notice, and must be in
court prepared on the day of the hearing 13 applies with greater force in this case where
the OSG had in fact more reason not to presume a grant of its motion for postponement
considering that Major (formerly Captain) Samuel Padilla had already been previously
warned
by
public
respondent
thus
However, on 19 October 1995, Solicitor Tagapan appeared only to manifest that he had
just been relieved from the case and that other solicitors were assigned to take over but
unfortunately they were not then available. The OSG explains that the re-assignment
was effected in response to public respondent's complaint about the assignment of many
PCGG cases to young and inexperienced solicitors. But a careful reading of the
questioned Order of 19 October 1995 shows that public respondent objected not so
much on the assignment of the case to young and inexperienced solicitors but that such
re-assignment was done on short notice and very close to the date of scheduled
hearings. The excuse given by the OSG completely failed to justify why the reassignment had to be done so near to the scheduled hearing of 19 October 1995 and,
worse, to solicitors who were not even present.
Furthermore, it has not been shown that some other urgent circumstance prompted the
re-assignment to justify the OSG's non-compliance with the requisites of motions in
general set out in Rule 15 7 of the Rules of Court 8 Sec. 2 of which provides that "[a]ll
motions shall be in writing except motions for continuance made in the presence of the
adverse party, or those made in the course of a hearing or trial." A motion for
postponement should not be filed at the last hour 9 and that judges are cautioned against
granting improvident postponements. 10 Thus when the reason adduced in support of a
motion for postponement was not unavoidable or could have been foreseen but was
presented only on the day of the trial although there was no apparent reason why it could
not have been presented earlier, thus avoiding inconvenience to the adverse party, it is
proper for the court to deny postponement. 11
What exacerbates the case for the OSG is the fact that it appeared in the 19 October
1995 hearing without its promised witness, apparently expecting that public respondent
would just benevolently grant its precipitate oral motion for postponement. While the
OSG now claims that Major Padilla was "indisposed" for which reason he was not
Capt. Samuel Padilla is given five (5) days from receipt hereof to show why he should not
be held disciplinarily accountable for his failure to appear . . . when he knew as a matter
of fact that this case wherein he appears to be the principal government witness has
been pending since 1988 and that his testimony was suspended as far back as February
15, 1990, precisely by reason of the unorganized state of evidence of the petitioner at the
time so that all of the proceedings thereafter had been precisely to clarify and organize
whatever evidence the parties might have thereon. It is a cause of great wonder to the
Court what urgent meeting could have befallen Capt. Padilla resulting to his failure to
appear
in
Court
today. 14
Under the circumstances, it cannot rightly be said that the OSG was not guilty of
inexcusable carelessness, presumptiousness, indifference to and neglect of duty in
assuming that public respondent would grant its oral motion for postponement, coming to
court unprepared and without a witness. Hence public respondent was well within its
authority to deny the Republic's oral motion for postponement of the hearings set on 19
and 20 October 1995 and require it, instead, to just formally offer its evidence within
fifteen (15) days from notice. Petitioner is not guilty of abuse of discretion, much less
grave, nor can it be charged by petitioner with denial of due process. 15
WHEREFORE, the instant petition for certiorari, prohibition and mandamus is DENIED.
The questioned Order of public respondent Sandiganbayan dated 19 October 1995
denying the oral motion of petitioner Republic of the Philippines for the postponement of
the 19 and 20 October 1995 hearings as well as the Resolution dated 3 January 1996
denying petitioner's motion for reconsideration, is AFFIRMED.
SO ORDERED.
FERNANDO, J.:+.wph!1
It must have been the realization that a challenge to a provisional permit issued by
respondent Board of Transportation 1 based on the absence of a hearing is not likely to
be attended with success that prompted petitioner to rely on another aspect of procedural
due process, the infirmity alleged being traceable to what it considered lack of
jurisdiction. 2 There is the invocation of Philippine Long Distance Telephone Company v.
Medina 3 with its mention of both competitors and the public being notified. It does not
suffice. Something more, which more, is necessary. The reliance is misplaced. Its
applicability is by no means obvious. As was pointed out in the answer of respondent
Board of Transportation, such a claim is hardly persuasive with the procedure set forth in
Presidential Decree No. 101 being followed and the provisional authority to operate being
based on an urgent public need. Such a contention merits the approval of the Court. The
petition cannot prosper.
3. The question of whether the controversy is ripe for judicial determination was likewise
argued by the parties. For it is undeniable that at the time the petition was filed. there
was pending with the respondent Board a motion for reconsideration. Ordinarily, its
2. A barrier to petitioner's pretension, not only formidable but also insurmountable, is the resolution should be awaited. Prior thereto, an objection grounded on prematurity can be
well-settled doctrine that for a provisional permit, an ex parte hearing suffices. 14 The raised. Nonetheless, counsel for petitioner would stress that certiorari lies as the failure
decisive consideration is the existence of the public need.15 That was shown in this to observe procedural due process ousted respondent Board of whatever jurisdiction it
case, respondent Board, on the basis of demonstrable data, being satisfied of the could have had in the premises. This Court was impelled to go into the merits of the
pressing necessity for the grant of the provisional permit sought. There is no warrant for controversy at this stage, not only because of the importance of the issue raised but also
the nullification of what was ordered by it. It must have been, as already noted, this state because of the strong public interest in having the matter settled. As was set forth in
of the law that did lead petitioner to harp on its interpretation of what for it is the teaching Executive Order No. 101 which prescribes the procedure to be followed by respondent
of the Philippine Long Distance Telephone Company decision. 16 There was therein Board, it is the policy of the State, as swiftly as possible, to improve the deplorable
stated that one of the compelling reasons that led this Court to hold that the defunct condition of vehicular traffic, obtain maximum utilization of existing public motor vehicles
Public Service Commission did not acquire jurisdiction was that no provision was made and eradicate the harmful and unlawful trade of clandestine operators, as well as update
for bringing in as parties thereto the competitors of the Philippine Long Distance the standard of those carrying such business, making it "imperative to provide, among
Telephone Company. 17 That is the basis for the objection on procedural due process other urgently needed measures, more expeditious methods in prescribing, redefining, or
ground. While no doubt such a holding was necessary for the decision of that case which modifying the lines and mode of operation of public utility motor vehicles that now or
dealt with a petition for the reexamination of a decision that was held to be final and thereafter, may operate in this country. 22 It is essential then both from the standpoint of
executory, it finds no application to this controversy dealing with a provisional permit. This the firms engaged as well as of the riding public to ascertain whether or not the
is made clear by this portion of the opinion of Justice Sanchez: "Araneta seeks procedure followed in this case and very likely in others of a similar nature satisfies the
reexamination of the rates approved by the Commission. Araneta avers that PLDT can procedural due process requirement. Thus its ripeness for adjudication becomes
carry out its improvement and expansion program at less onerous terms to the apparent.
subscribers. But Araneta [University] was not a party to the rate-fixing case or to any of
the other proceedings below. These rate-fixing and allied cases terminated with the final To paraphrase what was said in Edu v. Ericta 23 where the validity of a legislation was
judgment of January 9, 1964. Not being a party, it could not have moved to reconsider passed upon in a certiorari proceeding to annul and set aside a writ of preliminary
said decision. Nor could it have appealed from that decision it had no standing in that injunction, to so act would be to conserve both time and effort. Those desiring to engage
case. Even if we treat Araneta's reexamination petition as one for reconsideration, the in public utility business as well as the public are both vitally concerned with the final
time therefor has long passed. 18 It was then stated: The reexamination herein sought by determination of the standards to be followed in the procedure that must be observed.
Araneta, perforce seeks the fixing of new and different rates. 19 Further: Araneta in There is, to repeat, a great public interest in a definitive outcome of the crucial issue
effect,
institutes
a fresh involved. One of the most noted authorities on Administrative Law, professor Kenneth
petition for new rates different from those already established. Such petition is a Culp Davis, discussing the ripeness concept, is of the view that the resolution of what
proceeding separate and distinct from those concluded by the final judgment of PSC of could be a debilitating uncertainty with the conceded ability of the judiciary to work out a
January 9, 1964. 20 The conclusion, therefore, necessarily follows:" We hold that the solution of the problem posed is a potent argument for minimizing the emphasis laid on
Public Service Commission may not reduce or increase rates established in a judgment its technical aspect. 24
that has become final, without proper notice; and that a Commission order reducing or
increasing said rates without such notice is void." 21 Under the facts of that case, the WHEREFORE, the petition for certiorari is dismissed. No costs.
procedural due process infirmity amounting to lack of jurisdiction is quite apparent. The
opposite is true with this present petition which deals with a grant of provisional permit. It
would be to lift out of context the reference made in the aforesaid opinion with reference
to notification to the competitors to give a color of applicability to the situation before us.
Clearly then, the allegation of a failure to follow the command of the due process
guarantee is bereft of any legal foundation.
The first case, G.R. No. 85439 (hereinafter referred to as the Kilusang Bayan case),
questions the validity of the order of 28 October 1988 of then Secretary of Agriculture
Hon. Carlos G. Dominguez which ordered: (1) the take-over by the Department of
Agriculture of the management of the petitioner Kilusang Bayan sa Paglilingkod Ng Mga
Magtitinda ng Bagong Pamilihang Bayan ng Muntilupa, Inc. (KBMBPM) pursuant to the
Department's regulatory and supervisory powers under Section 8 of P.D. No. 175, as
amended, and Section 4 of Executive Order No. 13, (2) the creation of a Management
Committee which shall assume the management of KBMBPM upon receipt of the order,
(3) the disbandment of the Board of Directors, and (4) the turn over of all assets,
properties and records of the KBMBPM the Management Committee.
The second case. G.R. No. 91927 (hereinafter referred to as the Bunye case), seeks the
nullification of the Resolution of 4 January 1990 of the Sandiganbayan admitting the
Amended Information against petitioners in Criminal Case No. 13966 and denying their
Municipality was taking over the management and operation of the facility, and that the
stallholders should henceforth pay their market fees to the Municipality, thru the Market
Commission, and no longer to the KBMBPM. 5
On 22 August 1988, the KBMBPM filed with Branch 13 of the Regional Trial Court of
Makati a complaint for breach of contract, specific performance and damages with prayer
for a writ of preliminary injunction against the Municipality and its officers, which was
docketed as Civil Case No. 88-1702. 6 The complaint was premised on the alleged illegal
take-over of the public market effected "in excess of his (Bunye's) alleged authority" and
thus "constitutes breach of contract and duty as a public official."
The writ applied for having been denied, 7 the KBMBPM officers resisted the attempts of
Bunye and company to complete the take-over; they continued holding office in the KBS
building, under their respective official capacities. The matter having been elevated to
this Court by way of certiorari, 8 We remanded the same to the Court of Appeals which
docketed it as C.A.-G.R. No. L-16930. 9
On 26 August 1988, Amado Perez filed with the Office of the Ombudsman a lettercomplaint charging Bunye and his co-petitioners with oppression, harassment, abuse of
authority and violation of the Anti-Graft and Corrupt Practices Act 10 for taking over the
management and operation of the public market from KBMBPM. 11
In a subpoena dated 7 October 1988, prosecutor Mothalib C. Onos of the Office of the
Special Prosecutor directed Bunye and his co-petitioners to submit within ten (10) days
from receipt thereof counter-affidavits, affidavits of their witnesses and other supporting
documents. 12 The subpoena and letter-complaint were received on 12 October 1988.
On 20 October 1988, two (2) days before the expiration of the period granted to file said
documents, Bunye, et al. filed by mail an urgent motion for extension of "at least fifteen
(15) days from October 22, 1988" within which to comply 13 with the subpoena.
Thereafter, the following transpired which subsequently gave rise to these petitions:
G.R. No. 85439
As claimed by petitioners, the Order served on them was not written on the stationary of
the Department, does not bear its seal and is a mere xerox copy.
The so-called petition upon which the Order is based appears to be an unverified petition
dated 10 October 1988 signed, according to Mayor Bunye, 16 by 371 members of the
KBMBPM.
On 2 November 1988, petitioners filed the petition in this case alleging, inter alia, that:
Respondent Bunye, by himself, filed his Comment on 23 January 1989. 21 He denies the
factual allegations in the petition and claims that petitioners failed to exhaust
administrative remedies. A reply thereto was filed by petitioners on 7 February 1989. 22
On 20 February 1989, petitioners filed a Reply to the first Comment of Coronado 25 and
an Ex-Parte Motion for the immediate issuance of a cease and desist order 26 praying
that the so-called new directors and officers of KBMBPM, namely: Tomas M. Osias,
Ildefonso B. Reyes, Paulino Moldez, Fortunato M. Medina, Aurora P. del Rosario, Moises
Abrenica, and Lamberto Casalla, be ordered to immediately cease and desist from filing
notices of withdrawals or motions to dismiss cases filed by the Cooperative now pending
before the courts, administrative offices and the Ombudsman and Tanodbayan, and that
if such motions or notices were already filed, to immediately withdraw and desist from
further pursuing the same until further orders of this Court. The latter was precipitated by
the Resolution No. 19 of the "new" board of directors withdrawing all cases filed by its
predecessors against Bunye, et al., and more particularly the following cases: (a) G.R.
No. 85439 (the instant petition), (b) Civil Case No. 88-1702, (c) OSP Case No. 88-2110
before the Ombudsman, (d) IBP Case No. 88-0119 before the Tanodbayan, and Civil
Case No. 88-118 for Mandamus. 27
(c) The Order is a clear violation of the By-Laws of KBMBPM and is likewise illegal and
unlawful for it allows or tolerates the violation of the penal provisions under paragraph
(c), Section 9 of P.D. No. 175.
(d) The Order is a clear violation of the constitutional right of the individual petitioners to
be heard. 17
They pray that upon the filing of the petition, respondents, their agents, representatives
or persons acting on their behalf be ordered to refrain, cease and desist from enforcing
and implementing the questioned Order or from excluding the individual petitioners from
the exercise of their rights as such officers and, in the event that said acts sought to be
restrained were already partially or wholly done, to immediately restore the management
and operation of the public market to petitioners, order respondents to vacate the
premises and, thereafter, preserve the status quo; and that, finally, the challenged Order
be declared null and void.
In the Resolution of 9 October 1988, 18 We required the respondents to Comment on the
petition. Before any Comment could be filed, petitioners filed on 2 January 1989 an
Urgent Ex-Parte Motion praying that respondent Atty. Rogelio Madriaga, who had
assumed the position of Chairman of the Management Committee, be ordered to stop
and/or cancel the scheduled elections of the officers of the KBMBPM on 6 January 1989
and, henceforth, desist from scheduling any election of officers or Members of the Board
of Directors thereof until further orders on the Court. 19 The elections were,
nevertheless, held and a new board of directors was elected. So, on 19 January 1989,
petitioners filed a supplemental motion 20 praying that respondent Madriaga and the
"newly elected Board of Directors be ordered to cease and desist from assuming,
performing or exercising powers as such, and/or from removing or replacing the counsels
of petitioners as counsels for KBMBPM and for Atty. Fernando Aquino, Jr., to cease and
desist from unduly interfering with the affairs and business of the cooperative."
Respondent Recto Coronado filed two (2) Comments. The first was filed on 6 February
1989 23 by his counsel, Atty. Fernando Aquino, Jr., and the second, which is for both him
and Atty. Madriaga, was filed by the latter on 10 February 1989. 24
On 1 March 1989, We required the Solicitor General to file his Comment to the petition
and the urgent motion for the immediate issuance of a cease and desist order. 28
A motion to dismiss the instant petition was filed on 30 March 1989. 29 On 19 April 1989,
We resolved to dismiss the case and consider it closed and terminated. 30 Thereupon,
after some petitioners filed a motion for clarification and reconsideration, We set aside
the dismissal order and required the new directors to comment on the Opposition to
Motion to Dismiss filed by the former. 31
The new board, on 14 June 1989, prayed that its Manifestation of 6 June 1989 and
Opposition dated 9 June 1989, earlier submitted it response to petitioners' motion for
reconsideration of the order dismissing the instant petition, be treated as its
Comment. 32 Both parties then continued their legal fencing, serving several pleadings
on each other.
In Our Resolution of 9 August 1989, 33 We gave the petition due course and required the
parties to submit their respective Memoranda.
Petitioners filed a rejoinder asserting that the election of new directors is not a
supervening event independent of the main issue in the present petition and that to
subscribe to the argument that the issues in the instant petition became moot with their
assumption into office is to reward a wrong done.
Petitioners claim that without ruling on their 20 October 1988 motion for an extension of
at last 15 days from 22 October 1988 within which to file their counter-affidavits, which
was received by the Office of the Special Prosecutor on 3 November 1988, Special
Prosecutor Onos promulgated on 11 November 1988 a Resolution finding the evidence
on hand sufficient to establish a prima facie case against respondents (herein petitioners)
and recommending the filing of the corresponding information against them before the
Sandiganbayan. 42Petitioners also claim that they submitted their counter-affidavits on 9
November 1988. 43
G. R. NO. 91927
In their motion dated 2 December 1988, petitioners move for a reconsideration of the
above Resolution, 44 which was denied by Onos 45 in his 18 January 1989 Order. The
information against the petitioners was attached to this order.
Upon submission of the records for his approval, the Ombudsman issued a first
indorsement on 4 April 1989 referring to "Judge Gualberto J. de la Llana, Acting Director ,
IEO/RSSO, this Office, the within records of OSP Case No. 88-02110 . . . for further
preliminary investigation . . ." 46
Thereafter, on 28 April 1989, Bunye and company received a subpoena from de la Llana
requiring them to appear before the latter on 25 April 1989, 47 submit a report and file
comment. After being granted an extension, Bunye and company submitted their
comment on 18 May 1989. 48
On 22 August 1989, de la Llana recommended the filing of an information for violation of
section 3 (e) of the Anti-Graft and Corrupt Practices Act. 49 The case was referred to
special prosecuting officer Jose Parentela, Jr. who, in his Memorandum 50 to the
Ombudsman through the Acting Special Prosecutor, likewise urged that an information
be filed against herein petitioners. On 3 October 1989, the Ombudsman signed his
conformity to the Memorandum and approved the 18 January information prepared by
Onos, which was then filed with the Sandiganbayan.
They then pray that: (a) the 4 January and 1 February 1990 Resolutions of
Sandiganbayan, admitting the amended information and denying the motion
reconsideration, respectively, be annulled; (b) a writ be issued enjoining
Sandiganbayan from proceeding further in Criminal Case No. 13966; and
respondents be enjoined from pursuing further actions in the graft case.
the
for
the
(c)
Sec. 17. Removal of Directors and Committee Members. Any elected director or
committee member may be removed from office for cause by a majority vote of the
members in good standing present at the annual or special general assembly called for
the purpose after having been given the opportunity to be heard at the assembly.
Under the same article are found the requirements for the holding of both the annual
general assembly and a special general assembly.
Indubitably then, there is an established procedure for the removal of directors and
officers of cooperatives. It is likewise manifest that the right to due process is respected
by the express provision on the opportunity to be heard. But even without said provision,
petitioners cannot be deprived of that right.
The procedure was not followed in this case. Respondent Secretary of Agriculture
arrogated unto himself the power of the members of the KBMBPM who are authorized to
vote to remove the petitioning directors and officers. He cannot take refuge under
Section 8 of P.D. No. 175 which grants him authority to supervise and regulate all
cooperatives. This section does not give him that right.
An administrative officer has only such powers as are expressly granted to him and those
necessarily implied in the exercise thereof. 72 These powers should not be extended by
implication beyond what may to necessary for their just and reasonable execution. 73
Supervision and control include only the authority to: (a) act directly whenever a specific
function is entrusted by law or regulation to a subordinate; (b) direct the performance of
duty; restrain the commission of acts; (c) review, approve, reverse or modify acts and
decisions
of
subordinate
officials
or
units; (d) determine priorities in the execution of plans and programs; and (e) prescribe
standards, guidelines, plans and programs. Specifically, administrative supervision is
limited to the authority of the department or its equivalent to: (1) generally oversee the
operations of such agencies and insure that they are managed effectively, efficiently and
economically but without interference with day-to-day activities; (2) require the
submission of reports and cause the conduct of management audit, performance
evaluation and inspection to determine compliance with policies, standards and
guidelines of the department; (3) take such action as may be necessary for the proper
performance of official functions, including rectification of violations, abuses and other
forms of mal-administration; (4) review and pass upon budget proposals of such
agencies but may not increase or add to them. 74
The power to summarily disband the board of directors may not be inferred from any of
the foregoing as both P.D. No. 175 and the by-laws of the KBMBPM explicitly mandate
the manner by which directors and officers are to be removed. The Secretary should
assembly. Or, if such a remedy would be futile for some reason or another, judicial
recourse was available.
Be that as it may, petitioners cannot, however, be restored to their positions. Their terms
expired in 1989, thereby rendering their prayer for reinstatement moot and academic.
Pursuant to Section 13 of the by-laws, during the election at the first annual general
assembly after registration, one-half plus one (4) of the directors obtaining the highest
number of votes shall serve for two years, and the remaining directors (3) for one year;
thereafter, all shall be elected for a term of two years. Hence, in 1988, when the board
was disbanded, there was a number of directors whose terms would have expired the
next year (1989) and a number whose terms would have expired two years after (1990).
Reversion to the status quo preceding 29 October 1988 would not be feasible in view of
this turn of events. Besides, elections were held in 1990 and 1991. 79 The affairs of the
cooperative are presently being managed by a new board of directors duly elected in
accordance with the cooperative's by-laws.
2. G. R. No. 91927.
argument, that prosecutor Onos . . . failed to consider accused-movants' counteraffidavits, such defect was cured when a "Motion for Reconsideration" was filed, and
which . . . de la Llana took into account upon review."
It may not then be successfully asserted that the counter-affidavits were not considered
by the Ombudsman in approving the information. Perusal of the factual antecedents
reveals that a second investigation was conducted upon the "1st Indorsement" of the
Ombudsman of 4 April 1989. As a result, subpoenas were issued and comments were
asked to be submitted, which petitioners did, but only after a further extension of fifteen
(15) days from the expiration of the original deadline. From this submission the matter
underwent further review.
Moreover, in the 18 January 1989 Order of prosecutor Onos, there was an ample
discussion of the defenses raised by the petitioners in their counter-affidavits, thus
negating the charge that the issues raised by them were not considered at all. 87
It is indisputable that the respondents were not remiss in their duty to afford the
petitioners the opportunity to contest the charges thrown their way. Due process does not
require that the accused actually file his counter-affidavits before the preliminary
investigation is deemed completed. All that is required is that he be given the opportunity
to submit such if he is so minded. 88
In any event, petitioners did in fact, although belatedly, submit their counter-affidavits and
as a result thereof, the prosecutors concerned considered them in subsequent reviews of
the information, particularly in the re-investigation ordered by the Ombudsman.
And now, as to the protestation of lack of preliminary investigation prior to the filing of the
Amended Information. The prosecution may amend the information without leave of court
before arraignment, 89 and such does not prejudice the accused. 90 Reliance on the
pronouncements in Doromal vs. Sandiganbayan 91 is misplaced as what obtained
therein was the preparation of an entirely new information as contrasted with mere
amendments introduced in the amended information, which also charges petitioners with
violating Section 3 (e) of the Anti-Graft Law.
In Gaspar vs. Sandiganbayan, 92 We held that there is no rule or law requiring the
Tanodbayan to conduct another preliminary investigation of a case under review by it. On
the contrary, under P.D. No. 911, in relation to Rule 12, Administrative Order No. VII, the
Tanodbayan may, upon review, reverse the findings of the investigator and thereafter
"where he finds a prima facie case, to cause the filing of an information in court against
the respondent, based on the same sworn statements or evidence submitted, without the
necessity of conducting another preliminary investigation."
During the time pertinent to this case defendant was Governor of the Central Bank of the
Philippines. On January 13, 1949 Corpus was appointed Economist in the Department of
Economic Research of said bank. Thereafter he received promotions in position and
salary. By 1954 he was Director of the Department of Loans and Credit and Rural Banks
Administration. On December 15, 1954 a number of employee of the bank filed an
administrative complaint against him. Upon their petition he was suspended from office
on February 8, 1955. After investigation he was found guilty on five counts and upon
recommendation of the Governor was penalized with suspension without pay from
February 8, 1955 to August 30, 1955, the date the Monetary Board of the bank rendered
its decision.
On August 31, 1955 Corpus received a letter from Cuaderno informing him that be had
been "reinstated in the service of the bank" with the designation of "Technical Assistant to
the Governor." On January 17, 1956 he was appointed Special Assistant to the Governor,
in charge of the Export Department.
On March 7, 1958 several of his co-employees in the same department filed an
administrative complaint against him, alleging a number of acts of misfeasance. The
Monetary Board, upon recommendation of the Governor, suspended him on March 18.
No pronouncement as to costs.
IT IS SO ORDERED.
On March 25, 1958 Corpus instituted the present action, alleging that his suspension was
unwarranted and had been brought about by Cuaderno's malicious machinations. The
latter's counterclaim, after the denials and special defenses in his answer, alleged that
the complaint had been filed maliciously and that plaintiff had committed libel against
him.
G.R. No. L-16969
R.
MARINO
vs.
MIGUEL CUADERNO, SR., defendant-appellee.
CORPUS, plaintiff-appellant,
Rosauro
L.
Alvarez,
for
plaintiff-appellant.
G. B. Guevara, R. P. Guevara and E. S. Tipon, for defendant-appellee.
MAKALINTAL, J.:
This is a suit for damage commenced in the Court of First Instance of Manila, where
plaintiff asked for half a million pesos and defendant, on his counterclaim, for one and a
half million. After trial the court dismissed the complaint and awarded P1,000.00 to
defendant. Plaintiff appealed directly to Us in view of the amount claimed by him.
On May 5, 1959, while this case was still pending in the lower court, the three-man
committee created to investigate the 1958 administrative charges against plaintiff
reported to the Monetary Board that if found no basis to recommend disciplinary action
against him and therefore urged that he be reinstated. But on July 20, 1959 the Monetary
Board resolved that:
After an exhaustive and mature deliberation of the report of the aforesaid fact-finding
committee, and representations of both complainants and respondent, through their
respective counsel; and, further, after a thorough review of the service record of the
respondent, particularly the various cases presented against him, object of Monetary
Board Resolution No. 1527 dated August 30, 1955, which all involve fitness, discipline,
etc. of respondent; and moreover, upon formal statement of the Governor that he has lost
confidence in the respondent as Special Assistant to the Governor and in charge of the
Export Department (such position being primarily confidential and highly technical in
nature), the Monetary Board finds that the continuance of the respondent in the service
of the Central Bank would be prejudicial to the best interest of the Central Bank and,
against appellant although appellee knew that the meeting was violative of the Central
Bank charter, because the object of the meeting, as aforesaid, was not stated in the call,
and the object actually stated did not justify an extraordinary meeting at all. To lull
appellant into a false sense of security, appellee simply notified him, by letters, to prepare
comments on the administrative charges, leading him to believe that he had all the time
to do so, but afterwards appellee suddenly changed his tactics and directed the secretary
of the Monetary Board to demand that appellant answer the charges as soon as
possible. And on March 18, 1958 appellee informed appellant that he had been
suspended effective that day. The corresponding letters and notices were delivered to
appellant at his house by the bank's security guards, who were in uniform and fully
armed a manner of delivery that proved humiliating to appellant.
We first take up the question of appellant's removal from office as a result of the
administrative complaint filed against him in 1958. The removal was embodied in a
resolution of the Monetary Board, upon appellee's recommendation as Governor of the
Bank. The procedure adopted was in accordance with the provision of the bank charter
that the Monetary Board shall "on the recommendation of the Governor, appoint, fix the
remunerations, and remove all officers and employees of the Central Bank." (Section 14,
R.A. 265.) Under this provision the Board has the power to adopt or reject the
recommendation. The decisive action belonged to the Board, not to appellee.
In speaking of the action of the Board, this Court said in G.R. No. L-23721, supra: "we do
not believe that in opining that the position of Corpus was one dependent on confidence,
the defendant Monetary Board necessarily acted with vindictiveness or wantonness, and
not in the exercise of honest judgment."
The record does not show that it was appellee who instigated either or both of the
administrative cases against appellant. The 1955 complaint was filed by ten bank
employees, while the one in 1958 was filed by eighteen of appellant's subordinates in his
department persons who would naturally be expected to feel greater loyalty to
appellant, their immediate superior, than to appellee. None of the complainants in the first
group were in the second group. No acts are attributed to appellee from which it may be
inferred that he convinced all or a large number of them to file the charges.
Appellant stresses the fact that in the first administrative case, even before the
complainants filed their complaint of January 20, 1955 the Monetary Board had already
created an investigating committee, based on "papers presented by the Governor." The
resolution to that effect was passed January 11, 1955. The evidence shows, however,
that the complainants charged appellant as early as December 15, 1954, reiterated their
complaint on the following December 26, and again on January 3, 1955. The complaint
of January 20, 1955 was only a more formal and detailed narration of the charges.
The suspended CB official added that President Quezon ordered this official's dismissal
because he felt that the moment he (Mr. Quezon) was convinced a government official
holding a position of trust was unfit to remain in public service, out he would go.
ASK THEM
We come now to the question of libel, which is the subject of appellee's counterclaim.
The statements for which appellee seeks damages from appellant appeared in the March
21, 1958 issue of The Manila Chronicle, as follows:
CORPUS TALKS OF "INTRIGUER "
A suspended Central Bank official yesterday said that a high-ranking CB official, who was
dismissed for malversation from the Philippine National Bank before the war, intrigued
and instigated the filing of charges against him.
In an interview, R. Marino Corpus, who was suspended the other day as special assistant
to the CB governor and head of the CB export department asserted that the "intriguer"
was "dismissed from the PNB when my father, Judge Rafael Corpus, was president of
the bank.
Corpus was suspended on the basis of an administrative complaint filed by 18 of the 78
employees of the CB export department.
In a previous interview, Corpus preferred not to comment on his suspension beyond
saying that "time will tell who instigated the charges, and why."
Yesterday, Corpus called for the ouster of the CB official he was referring to, averring that
this official was automatically disqualified by the CB charter from holding a position in the
Bank which calls for "high moral integrity."
When this story hits the streets, the CB official who will be cussing me and will be
pushing hard to have me disqualified from the CB will be the one who instigated the
charges against me, Corpus added. "He will stop at nothing to run me down, because
now that he is exposed, he is automatically disqualified by the charter of the bank from
holding a position which calls for high moral integrity."
Recalling how this CB official was dismissed from the PNB before the war, Corpus said
the man was discovered "milking" a sugar central.1wph1.t
Pressed for the identification of the official he was referring to, Corpus said the following
would be in a position to reveal who the person was: CB Governor Miguel Cuaderno,
who was assistant general manager of the PNB then; CB legal counsel Natalio Balboa,
who was in the PNB legal department; CB chief accountant Jose Carmona, who was
also in the PNB accounting department, and others like Primitivo Lovina, president of the
Chamber of Commerce of the Philippines; PNB President Arsenio Jison, Manuel
Marquez, president of the Commercial Bank and Trust Company, and Alfonso Calalang,
President of the Bankers Association of the Philippines.
In disclaiming liability, appellant points out that in the aforequoted news item it does not
appear that he was speaking of appellee.
In order to maintain a libel suit it is essential that the victim be identifiable (People vs.
Monton, L-16772, November 30, 1962), although it is not necessary that he be named
(91 A.L.R. 1161). It is enough if by intrinsic reference the allusion is apparent or if the
publication contains matters of description or reference to facts and circumstances from
which others reading the article may know the plaintiff was intended, or if he is pointed
out by extraneous circumstances so that persons knowing him could and did understand
that he was the person referred to.
While no name is mentioned in appellant's defamatory statements, the following
circumstances mentioned therein make the object ascertainable: (1) the person in
question was a high ranking Central Bank official; (2) he was formerly an official of the
Philippine National Bank, and at the time had something to do with sugar centrals; (3) his
identity is known by the persons named therein; and (4) he was the one who instigated
the aforementioned charges against appellant.
All these circumstances point to appellee. It is established by the evidence that at least
two other persons who read the article readily realized that it referred to appellee. Asked
how he immediately arrived at such a conclusion, Manuel Marquez explained that "there
is a paragraph in the article which says that this CB official was dismissed from the PNB
before the war, Corpus said the man was discovered milking a sugar central;" and that
"the only official who is at present in the Central Bank and who was with the Philippine
National Bank prior to the establishment of the Central Bank, who, to my knowledge, was
in some way or another connected with the Sugar Central was Governor Miguel
Cuaderno." Aside from appellee, two Central Bank officials who were also with the
referred to appellee. Furthermore, five days after he gave the press interview, appellant
instituted the present action wherein he accused appellee of having instigated the
administrative charges against him a fact which obviously proves that he was
speaking of appellee when he made the derogatory statement complained of.
In view of the evidence just considered, We cannot apply here the rule in Kunkle vs.
Cablenews-American, 42 Phil. 757, relied upon by appellant, that the publication of a
matter of a defamatory nature in a newspaper, without naming or accurately describing
the person to whom the reprobated acts are attributed, will not give rise to a civil action
for damages at the instance of a person claiming to be the injured party, unless it
appears that the description of the person referred to in the defamatory publication was
sufficiently clear that at least one third person would have understood the description as
relating to him. Here, more than one third person identified appellee as the object of the
libel.
Appellee has not appealed from the decision of the lower court and therefore his prayer
that the amount of damages awarded to him be increased must be denied..
The judgment appealed from is affirmed, with costs against plaintiff-appellant.