L-16887
MIGUEL
R.
CORNEJO, petitioner,
vs.
ANDRES GABRIEL, provincial governor of
Rizal, and the PROVINCIAL BOARD OF
RIZAL, composed of ANDRES GABRIEL,
PEDRO MAGSALIN and CATALINO S.
CRUZ, respondents.
The petitioner in this case, the suspended municipal
president of Pasay, Rizal, seeks by these proceedings
inmandamus to have the provincial governor and the
provincial board of the Province of Rizal temporarily
restrained from going ahead with investigation of the
charges filed against him pending resolution of the
case, and to have an order issue directed to the
provincial governor commanding him to return the
petitioner to his position as municipal president of
Pasay. The members of the provincial board have
interposed a demurrer based on the ground that this
court has no right to keep them from complying with
the provisions of the law. The provincial governor
has filed an answer to the petition, in which he
alleges as a special defense that numerous complaints
have been received by him against the conduct of
Miguel R. Cornejo, municipal president of Pasay;
that these complaints were investigated by him; that
he came to the conclusion that agreeable to the
powers conferred upon provincial governors, the
municipal president should be temporarily
suspended, and that an investigation is now being
conducted by the provincial board.
Counsel for petitioner has argued, with much
eloquence, that his client has been deprived of an
office, to which he was elected by popular vote,
without having an opportunity to be heard in his own
defense. The respondents reply that all that the
provincial governor and the provincial board have
xxx
xxx
xxx
c. Accreditation of Agencies to
take
final
action
on
appointments under OPIA.
4. The Office for Central Personnel
Records (OCPR) is renamed Management
Information Office (MIO).
5. The Information technology functions
of OPM and the personnel assigned to the
unit are transferred to MIO.
6. The following functions of OPM and
the personnel assigned to the unit
performing said functions are hereby
transferred to the Office of the Executive
Director:
a. Financial Audit and Evaluation;
b.
Internal
Improvement;
Management
and
A.
Sto.
Tomas
(Signed)
Did
not
participate
Ramon P. Ereneta, Jr., Thelma P. Gaminde
Commissioner Commissioner
Attested
(Signed)
Carmencita
Giselle
Board Secretary V 2
by:
B.
Dayson
of
the
Executive
of
Planning
and
of
the
of
Corporate
Retirement
of
the
applicable
jurisprudence. Her refuge behind
the mantle of security of tenure
guaranteed by the Constitution is
not impenetrable. She proceeds
upon the assumption that she
occupies her station in Sinalang
Elementary
School
by
appointment. But her first
appointment as Principal merely
reads thus: "You are hereby
appointed
a
Principal
(Elementary School) in the
Bureau of Public Schools,
Department
of
Education", without mentioning
her station. She cannot therefore
claim security of tenure as
Principal of Sinalang Elementary
School
or
any
particular
station. She may be assigned to
any station as exigency of public
service requires, even without
her consent. She thus has no
right
of
choice. 9(Emphasis
supplied; citation omitted)
In the very recent case of Fernando, et
al. v. Hon. Sto. Tomas,
etc.,
et
10
a1., the Court addressed appointments of
petitioners as "Mediators-Arbiters in the National
Capital Region" in dismissing a challenge
on certiorari to resolutions of the CSC and orders of
the Secretary of Labor. The Court said:
Petitioners were appointed as Mediator
Arbiters
in
the
National
Capital
Region. They were not, however, appointed
to a specific station or particular unit of the
Department of Labor in the National
Capital
Region
(DOLE-NCR).
Consequently, they
can
always
be
reassigned from one organizational unit to
another of the same agency where, in the
opinion of respondent Secretary, their
services may be used more effectively. As
such they can neither claim a vested right to
the station to which they were assigned nor
to security of tenure thereat. As correctly
observed by the Solicitor General,
petitioners' reassignment is not a transfer for
they were not removed from their position
as med-arbiters. They were not given new
appointments to new positions. It
indubitably
follows,
therefore,
that
Memorandum Order No. 4 ordering their
reassignment in the interest of the service is
legally in order.11 (Emphases supplied)
In Quisumbing v. Gumban, 12 the Court,
dealing with an appointment in the Bureau
of Public Schools of the Department of
Education, Culture and Sports, ruled as
follows:
After a careful scrutiny of the
records, it is to be underscored
that the appointment of private
respondent Yap is simply that of a
District Supervisor of the Bureau
of Public Schools which does not
indicate a specific station (Rollo, p.
13). A such, she could be assigned
to any station and she is no entitled
to stay permanently at any specific
station (Bongbong v. Parado, 57
SCRA 623 [1974]; Department of
Education, Culture and Sports v.
Court of Appeals [G.R. 81032,
March 4, 1925
VICENTE
SEGOVIA, petitioner-appellee,
vs.
PEDRO NOEL, respondent-appellant.
MALCOLM, J.:
The question to be decided on this appeal is whether
that portion of Act No. 3107 which provides, that
justices of the peace and auxiliary justices of the
peace shall be appointed to serve until they have
reached the age of sixty- five years, should be given
retroactive or prospective effect.
Vicente Segovia was appointed justice of the peace of
Dumanjug, Cebu, on January 21, 1907. He
continuously occupied this position until having
passed sixty-five mile- stones, he was ordered by the
Secretary of Justice on July 1, 1924, to vacate the
office. Since that date, Pedro Noel, the auxiliary
justice of the peace has acted as justice of the peace
for the municipality of Dumanjug.
Mr. Segovia being desirous of avoiding a public
scandal and of opposing physical resistance to the
occupancy of the office of justice of the peace by the
auxiliary justice of the peace, instituted friendly quo
warranto proceedings in the Court of First Instance of
Cebu to inquire into the right of Pedro Noel to
occupy the office of justice of the peace, to oust the
latter therefrom, and to procure reinstatement as
justice of the peace of Dumanjug. To this complaint,
Pedro Noel interposed a demurrer on the ground that
it did not allege facts sufficient to constitute a cause
of action, because Act No. 3107 was constitutional
and because Mr. Segovia being sixty-five years old
had automatically ceased to be justice of the peace.
On the issue thus framed and on stipulated facts,
judgment was rendered by Honorable Adolph
Wislizenus, Judge of First Instance, overruling the
demurrer, and in favor of petitioner and against
respondent.
JULIO
AGCAOILI, plaintiff-appellant,
vs.
ALBERTO SUGUITAN, defendant-appellee.
JOHNSON, J.:
This action was commenced in the Court of First
Instance of the Province of Ilocos Norte. Its purpose
was to obtain the extraordinary legal writ of quo
warranto. The petition was denied by the trial court
and the plaintiff appealed. The question presented by
the appeal are:
(a) Is the provision of Act No. 3107, in so
far as it provides that "justices of the peace
shall be appointed to serve until they have
reached the age of 65 years," valid and
constitutional, when applied to justices of
the peace appointed under Act No. 2041,
section 1, to serve "during good behavior?"
And,
(b) Is the present action barred by the
statutes of limitations?
The facts involved in the decision of those questions
are as follows:
(a) That the said Julio Agcaoili was
appointed as justice of the peace of the
municipality of Laoag, of the Province of
Ilocos Norte, by His Excellency, Francis
Burton Harrison, on the 25th day of March,
1916, with authority "to have and to hold the
said office with all the powers, privileges,
and emoluments thereunto of right
appertaining unto him, subject to the
conditions prescribed by law.
The
Hon.
LUIS
TORRES
Undersecretary
of
Justice
of
the Philippine Islands
SIR: The undersigned, Julio Agcaoili, justice
of the peace of Laoag, capital of the
Province of Ilocos Norte, has the honor to
state that on April 26, 1923, he received,
through the clerk of the Court of First
Instance
of
Ilocos
Norte,
your
communication of April 9, 1923, informing
the undersigned that, having attained the age
of 65 years, he ceased to be justice of the
peace of Laoag under the provisions of
section 1 of Act No. 3107, amending section
203 of the Administrative Code, which is
Act No. 2711 enacted in the year 1919, and
which section 1 of said Act No. 3107
provides in part that the justices of the peace
and auxiliary justices of the peace shall be
appointed to serve until they attain the age
of 65 years.
With all due respect, the undersigned has the
honor to state that he believes that the
aforecited part of the provision of section 1
of Act No. 3107 does not include those
justices of the peace who had already been
appointed justices of the peace, like the
undersigned, before the passage and
enactment of said Act No. 3107 and the
amended Administrative Code, nor can this
be the intention of the legislator, for if it
were so, it should have so stated in order
JESUS
P.
MORFE, plaintiff-appellee,
vs.
AMELITO R. MUTUC, as Executive Secretary,
ET AL., defendants-appellants.
FERNANDO, J.:
Congress in 1960 enacted the Anti-Graft and Corrupt
Practices Act 1 to deter public officials and employees
from committing acts of dishonesty and improve the
tone of morality in public service. It was declared to
be the state policy "in line with the principle that a
public office is a public trust, to repress certain acts
of public officers and private persons alike which
constitute graft or corrupt practices or which may
lead thereto." 2 Nor was it the first statute of its kind
to deal with such a grave problem in the public
service that unfortunately has afflicted the Philippines
in the post-war era. An earlier statute decrees the
forfeiture in favor of the State of any property found
to have been unlawfully acquired by any public
officer or employee. 3
One of the specific provisions of the Anti-Graft and
Corrupt Practices Act of 1960 is that every public
officer, either within thirty (30) days after its
approval or after his assumption of office "and within
the month of January of every other year thereafter",
as well as upon the termination of his position, shall
prepare and file with the head of the office to which
he belongs, "a true detailed and sworn statement of
assets and liabilities, including a statement of the
amounts and sources of his income, the amounts of
his personal and family expenses and the amount of
income taxes paid for the next preceding
calendar: . . ." 4
ALFREDO
L.
AZARCON, petitioner,
vs. SANDIGANBAYAN, PEOPLE OF
THE PHILIPPINES and JOSE C.
BATAUSA, respondents.
DECISION
PANGANIBAN, J.:
Does the Sandiganbayan have jurisdiction over
a private individual who is charged with malversation
of public funds as a principal after the said individual
had been designated by the Bureau of Internal
Revenue as a custodian of distrained property? Did
such accused become a public officer and therefore
subject to the graft courts jurisdiction as a
consequence of such designation by the BIR?
These are the main questions in the instant
petition for review of respondent Sandiganbayans
Decision[1] in Criminal Case No. 14260 promulgated
on March 8, 1994, convicting petitioner of
malversation of public funds and property, and
Resolution[2] dated June 20, 1994, denying his motion
for new trial or reconsideration thereof.
Kind of property
---
Motor number
---
E120-229598
Chassis No.
---
SPZU50-1772440
Number of CXL
---
Color
---
Blue
Owned By
---
The Facts
the same having been this day seized and left in (my)
possession
pending
investigation
by
the
Commissioner of Internal Revenue or his duly
authorized representative. (I) further promise that (I)
will faithfully keep, preserve, and, to the best of (my)
SO ORDERED.
Petitioner, through new counsel,[22] filed a
motion for new trial or reconsideration on March 23,
1994, which was denied by the Sandiganbayan in its
Resolution[23] dated December 2, 1994.
Hence, this petition
The Issues
The petitioner submits the following reasons for
the reversal of the Sandiganbayans assailed Decision
and Resolution:
I. The Sandiganbayan does not have
jurisdiction over crimes committed solely by
private individuals.
II. In any event, even assuming arguendo that
the appointment of a private individual as a
custodian or a depositary of distrained
property is sufficient to convert such
individual into a public officer, the petitioner
cannot still be considered a public officer
because:
[A]
There is no provision in the National Internal
Revenue Code which authorizes the Bureau of
Internal Revenue to constitute private individuals as
depositaries of distrained properties.
[B]
His appointment as a depositary was not by virtue of
a direct provision of law, or by election or by
appointment by a competent authority.
III. No proof was presented during trial to prove that
the distrained vehicle was actually owned by the
accused Jaime Ancla; consequently, the governments
right to the subject property has not been established.
of public
JUSTICE BALAJADIA:
seasonal
personnel.
JUSTICE BALAJADIA:
PROS. CAOILI:
Q When?
WITNESS:
JUSTICE BALAJADIA:
What is the translation now?
A Yes, we have.
ATTY. JIMENEZ:
No basis.
JUSTICE ESCAREAL:
They met on problems on Mondays.
JUSTICE ESCAREAL:
ATTY. CAOILI:
PROS. CAOILI:
ATTY. JIMENEZ:
PROS. CAOILI:
JUSTICE ESCAREAL:
Q How about with the other consultants
representing the ITDI and DOST?
COURT STENOGRAPHER:
Reading back the question as ordered by the
Court.
WITNESS:
A Every Monday meeting we tackle with
accomplishment
report
the
billing
papers. 28 (Emphasis ours.)
A He asked me if there
was express teller. I told
him I do not know then he
asked me whether it is
possible to deposit at the
Express Teller at that time.
I told him I don't know
because I have no express
teller card and he asked
me how am I going to
arrange, how was it
arranged if I will bring it,
can I bring it. Then I told
him that it was placed in
two envelopes consisting
of 500 Peso bills and then
he said "Okay na yan." 31
The failure of the NBI to take photographs of the
actual turn-over of the money to petitioner is not fatal
to the People's cause. The transaction was witnessed
by several people, among whom were Engr. Resoso,
Mr. Sta. Maria Jr. and the NBI agents whose
testimonies on the circumstances before, during and
after the turn-over are consistent, logical and
credible.
A Yes sir.
PROS. CAOILI:
Showing to you Physic Examination No. 90961 which for purposes of identification has
already been marked as Exh. H what relation
has this have with the report that you
mentioned a while ago?
Q JUSTICE ESCAREAL:
ATTY. JIMENEZ:
ATTY. JIMENEZ:
So was it your intention to take
photographs only at the time that he is
already being arrested?
A Yes sir.
ATTY. JIMENEZ:
A And also the clothing, consisting of the tshirts and the pants were examined. Under
the ultra violet lamp the presence of the
flourescent powder of the t-shirts and pants
cannot be seen or distinguished because the
fibers or the material of the cloth under the
ultra violet lamp was flouresce.
A Yes sir. 32
xxx xxx xxx
Petitioner insists that when his hands were placed
under ultra-violet light, both were found negative for
flourescent powder. This is petitioner's own
conclusion which is not supported by evidence. Such
self-serving statement will not prevail over the clear
and competent testimony and the report 33 submitted
by the forensic expert of the NBI Ms. Demelen R.
dela Cruz, who was the one who conducted the test
and found petitioner's right palmar hand positive for
flourescent powder, the same hand he used, according
result
of
the
of
the
JOSE
JINGGOY
E.
ESTRADA, petitioner,vs. SANDIGANBAYAN
(THIRD
DIVISION),
PEOPLE
OF
THE PHILIPPINES and OFFICE OF THE
OMBUDSMAN, respondents.
DECISION
PUNO, J.:
A law may not be constitutionally infirm but its
application to a particular party may be
unconstitutional. This is the submission of the
petitioner who invokes the equal protection clause of
the Constitution in his bid to be excluded from the
charge of plunder filed against him by the respondent
Ombudsman.
ASSOCIATES,
SUBORDINATES
AND/OR
OTHER PERSONS, BY TAKING UNDUE
ADVANTAGE OF HIS OFFICIAL POSITION,
AUTHORITY,
RELATIONSHIP,
CONNECTION, OR INFLUENCE, did then and
there wilfully, unlawfully and criminally amass,
accumulate
and
acquire BY
HIMSELF,
DIRECTLY OR INDIRECTLY, ill-gotten wealth
in
the
aggregate
amount OR
TOTAL
VALUE of FOUR BILLION NINETY SEVEN
MILLION
EIGHT
HUNDRED
FOUR
THOUSAND ONE HUNDRED SEVENTY
THREE
PESOS
AND
SEVENTEEN
CENTAVOS [P4,097,804,173.17],
more
or
less, THEREBY
UNJUSTLY
ENRICHING
HIMSELF OR THEMSELVES AT THE
EXPENSE AND TO THE DAMAGE OF THE
FILIPINO PEOPLE AND THE REPUBLIC OF
THE
PHILIPPINES,
through ANY
OR
A combination OR A series of overt OR criminal
acts, OR SIMILAR SCHEMES OR MEANS,
described as follows:
(a) by receiving OR collecting, directly
or
indirectly,
on SEVERAL
INSTANCES, MONEY IN THE
AGGREGATE AMOUNT OF FIVE
HUNDRED
FORTY-FIVE
MILLION
PESOS
(P545,000,000.00), MORE OR LESS,
FROM ILLEGAL GAMBLING IN
THE FORM OF GIFT, SHARE,
PERCENTAGE, KICKBACK OR
ANY FORM OF PECUNIARY
BENEFIT,
BY
HIMSELF
AND/OR in connivance with coaccused CHARLIE ATONG ANG,
Jose Jinggoy Estrada, Yolanda T.
Ricaforte,
Edward
Serapio, AN (sic) JOHN DOES AND
III.
Petitioner
also
faults
the
respondent
Sandiganbayan for sustaining the charge against
petitioner for alleged offenses and with alleged
conspirators, with which and with whom he is not
even remotely connected contrary to the dictum that
criminal liability is personal, not vicarious results in
the denial of substantive due process.[18]
The Solicitor General argues, on the other hand,
that petitioner is charged not only with the predicate
act in sub-paragraph (a) but also with the other
predicate acts in sub-paragraphs (b), (c) & (d)
because he is indicted as a principal and as coconspirator of the former President. This is
purportedly clear from the first and second
paragraphs of the Amended Information.[19]
For better focus, there is a need to examine
again
the
allegations
of
the
Amended
Information vis--vis the provisions of R.A. No. 7080.
The Amended Information, in its first two
paragraphs, charges petitioner and his other coaccused with the crime of plunder. The first
paragraph names all the accused, while the second
paragraph describes in general how plunder was
committed and lays down most of the elements of the
crime itself. Sub-paragraphs (a) to (d) describe in
detail the predicate acts that constitute the crime
and name in particular the co-conspirators of
former President Estrada in each predicate
act. The predicate acts alleged in the said four
sub-paragraphs correspond to the items
enumerated in Section 1 (d) of R.A. No. 7080. Subparagraph (a) alleged the predicate act of receiving,
on several instances, money from illegal gambling, in
consideration of toleration or protection of illegal
gambling, and expressly names petitioner as one of
BENITO
CODILLA,
ET
AL., petitioners,
vs.
JOSE L. MARTINEZ, ETC., ET AL., respondents.
BAUTISTA ANGELO, J.:
On January 24, 1956, Hermenegildo C. Baloyo,
mayor of Tagum, Davao, left for Negros Occidental
to attend to a sick brother. Thereupon, he designated
the vice-mayor to act in his place effective January
25, 1956 until further advice on his part. The vicemayor in turn fell sick of certain lung trouble in view
of which he designated ranking councilor Macario
Bermudez as acting mayor effective January 25, 1956
until notice to the contrary. Councilor Bermudez was
not also in good health so he designated the third
ranking councilor Jose L. Martinez to act as mayor
effective on the same date.
Martinez accepted the designation and assumed the
office on January 25, 1956, his first official act being
to separate from the service the petitioners as
policemen of the municipality. Petitioners
immediately filed their protest invoking the right to
continue in office under the provisions of Republic
Act 557, but far from heeding their protest, Acting
Mayor Martinez appointed Eduardo M. Duaso
municipal policemen in lieu of Benito Codilla who
immediately qualified by taking his oath of office.
The appointment was approved by the President of
the Philippines and the Commissioner of Civil
Service. Martinez also appointed Juanito Redoble
vice Perfecto Melendres, the appointment having
been authorized by the Commission of Civil Service.
Redoble also assumed office soon thereafter.
Policarpio Lagura was also appointed vice Leonardo
Castor, his appointment having been issued by