with
the
under Article 171(6) of the Revised Penal Code, we are puzzled why the
Ombudsman completely glossed over Ampils charge that respondents
committed prohibited acts listed in Sections 3(a) and (e) of Republic Act
No. 3019. Nowhere in the Resolution or in the Order denying
reconsideration thereof did the Ombudsman tackle and resolve the issue
of whether respondents violated the particular provisions of Republic Act
No. 3019. Curiously, the Ombudsman docketed Ampils complaintaffidavit as one "for: Falsification of Public Documents and Violation of
Sections 3(a) and (e) of Republic Act No. 3019, as amended." The
Ombudsman even prefaced the Resolution, thus: "this has reference to
the complaint filed by Oscar Ampil on 17 September 2007 against
respondents, for Falsification of Public Documents and Violation of
Sections 3, paragraphs (a) and (e) of Republic Act No. 3019, otherwise
known as the Anti-Graft and Corrupt Practices Act, as amended." We are
aware that the calibration of evidence to assess whether a prima facie
graft case exists against respondents is a question of fact. We have
consistently held that the Supreme Court is not a trier of facts, more so in
the consideration of the extraordinary writ of certiorari where neither
questions of fact nor law are entertained, but only questions of lack or
excess of jurisdiction or grave abuse of discretion. In this case, however,
certiorari will lie, given that the Ombudsman made no finding at all on
respondents possible liability for violation of Sections 3(a) and (e) of
Republic Act No. 3019. We hasten to reiterate that we are only dealing
herein with the preliminary investigation aspect of this case. We do not
adjudge respondents guilt or the lack thereof
Facts:
On March 23, 2011, petitioner filed a complaint for sum of
money under the Rule of Procedure for Small Claims Cases before the
MTCC, seeking to collect from respondent the amount of P23,111.71
which represented her unpaid water bills for the period June 1, 2002 to
September 30, 2005.7
Petitioner claimed that it was duly authorized to supply water to and
collect payment therefor from the homeowners of Regent Pearl
Subdivision, one of whom is respondent who owns and occupies Lot 8,
Block 3 of said subdivision. That the total water consumption of the family
Held: YES. Section 23 of the Rule of Procedure for Small Claims Cases
states that:
XXX ... The decision shall be final and unappealable.
Considering the final nature of a small claims case decision under the
above-stated rule, the remedy of appeal is not allowed, and the prevailing
party may, thus, immediately move for its execution. Nevertheless, the
proscription on appeals in small claims cases, similar to other proceedings
where appeal is not an available remedy, does not preclude the aggrieved
party from filing a petition for certiorari under Rule 65 of the Rules of
Court.
This GENERAL RULE has been enunciated in the case of Okada v. Security
Pacific Assurance Corporation, wherein it was held that:
"the extraordinary writ of certiorari is always available where there is no
appeal or any other plain, speedy and adequate remedy in the ordinary
course of law."
In Jaca v. Davao Lumber Co., the Court ruled: (EXCEPTION)
x x x Although Section 1, Rule 65 of the Rules of Court provides that the
special civil action of certiorari may only be invoked when "there is no
appeal, nor any plain, speedy and adequate remedy in the course of law,"
this rule is not without exception. The availability of the ordinary course of
appeal does not constitute sufficient ground to prevent a party from
making use of the extraordinary remedy of certiorari where appeal is NOT
an adequate remedy or equally beneficial, speedy and sufficient. It is the
inadequacy not the mere absence of all other legal remedies and the
danger of failure of justice without the writ that usually determines the
propriety of certiorari. In view of the foregoing, the Court thus finds that
petitioner correctly availed of the remedy of certiorari to assail the
propriety of the MTCC Decision in the subject small claims case, contrary
to the RTCs ruling.
Likewise, the Court finds that petitioner filed the said petition before the
proper forum (i.e., the RTC). To be sure, the Court (SC), the Court of
Appeals and the Regional Trial Courts have concurrent jurisdiction to issue
a writ of certiorari. Such concurrence of jurisdiction, however, does not
give a party unbridled freedom to choose the venue of his action lest he
ran afoul of the doctrine of hierarchy of courts. Instead, a becoming
regard for judicial hierarchy dictates that petitions for the issuance of
writs of certiorari against first level courts should be filed with the
Regional Trial Court, and those against the latter, with the Court of
Appeals, before resort may be had before the Court. This procedure is
also in consonance with Section 4, Rule 65 of the Rules of Court. Hence,
considering that small claims cases are exclusively within the jurisdiction
of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal
Trial Courts, and Municipal Circuit Trial Courts, certiorari petitions assailing
its dispositions should be filed before their corresponding Regional Trial
Courts. This petitioner complied with when it instituted its petition for
certiorari before the RTC which, as previously mentioned, has jurisdiction
over the same. In fine, the RTC erred in dismissing the said petition on the
ground that it was an improper remedy, and, as such, RTC Case No. 1113833 must be reinstated and remanded thereto for its proper
disposition.
PETITION FOR CERTIORARI GRANTED RTC DECISION REVERED AND SET
ASIDE.
Facts:
Petitioner was a teller at the Casino Filipino, Angeles City
Branch, Angeles City, which was operated by respondent PAGCOR.
Petitioner alleged that in the afternoon of December 13, 2008, while he
was performing his functions as teller, a lady customer identified later as
one Cecilia Nakasato (Cecilia) approached him in his booth and handed to
him an undetermined amount of cash consisting of mixed P1,000.00 and
P500.00 bills. There were 45 P1,000.00 and ten P500.00 bills for the total
amount of P50,000.00. Following casino procedure, petitioner laid the bills
on the spreading board. However, he erroneously spread the bills into
only four clusters instead of five clusters worth P10,000.00 per cluster. He
then placed markers for P10,000.00 each cluster of cash and declared the
total amount of P40,000.00 to Cecilia. Perplexed, Cecilia asked petitioner
why the latter only dished out P40,000.00. She then pointed to the first
cluster of bills and requested petitioner to check the first cluster which
she observed to be thicker than the others. Petitioner performed a
recount and found that the said cluster contained 20 pieces of P1,000.00
bills.
Petitioner apologized to Cecilia and rectified the error by declaring the full
and correct amount handed to him by the latter. Petitioner, however,
averred that Cecilia accused him of trying to shortchange her and that
petitioner tried to deliberately fool her of her money. Petitioner tried to
explain, but Cecilia allegedly continued to berate and curse him. To ease
the tension, petitioner was asked to take a break. After ten minutes,
petitioner returned to his booth. However, Cecilia allegedly showed up
and continued to berate petitioner. As a result, the two of them were
invited to the casinos Internal Security Office in order to air their
respective sides. Thereafter, petitioner was required to file an Incident
Report which he submitted on the same day of the incident.
Petitioner received another Memorandum, stating that the Board of
Directors of PAGCOR found him guilty of Discourtesy towards a casino
customer and imposed on him a 30-day suspension for this first offense.
Aggrieved, petitioner filed a Motion for Reconsideration. During the
pendency of said motion, petitioner also filed a Motion for Production,
praying that he be furnished with copies of documents relative to the
case including the recommendation of the investigating committee and
the Decision/Resolution of the Board supposedly containing the latters
factual findings. In a letter-reply, PAGCOR denied the said motion.
Petitioner filed a petition for certiorari under Rule 65 before the CA,
averring that there is no evidence, much less factual and legal basis to
support the finding of guilt against him. Moreover, petitioner ascribed
grave abuse of discretion amounting to lack or excess of jurisdiction to
the acts of PAGCOR in adjudging him guilty of the charge, in failing to
observe the proper procedure in the rendition of its decision and in
imposing the harsh penalty of a 30-day suspension. Justifying his recourse
to the CA, petitioner explained that he did not appeal to the Civil Service
Commission (CSC) because the penalty imposed on him was only a 30day suspension which is not within the CSCs appellate jurisdiction.
CA outrightly dismissed the petition for certiorari for being premature as
petitioner failed to exhaust administrative remedies before seeking
recourse from the CA.
Issue:
Whether the CA is correct in outrightly dismissing the petition
for certiorari filed before it on the ground of non-exhaustion of
administrative remedies?
and since this Court is not a trier of facts, remand of this case to the CA
for its judicious resolution is in order.
Facts:
Private respondents Myrna M. Garcia (Garcia) and Custodio
Mendoza Vestidas, Jr.(VestidasJr.) were charged before the CTA under an
Information which reads:
That on or about November 5, 2011, or prior or subsequent thereto, in the
City of Manila, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused Myrna M. Garcia and Custodio Mendoza
Vestidas, Jr. as owner/proprietress and broker of Plinth Enterprise
respectively, conspiring and confederating with each other, with intent to
defraud the government, did then and there willfully, unlawfully and
fraudulently import into the Port of Manila, 858 cartons of 17,160 pieces
of Anti-Virus Software Kaspersky Internet Security Premium 2012, subject
to customs duties, by misdeclaration under Import Entry No. C-181011
and Bill of Lading No. PFCMAN1715, filed with the Bureau of Customs
(BOC),covering One Forty Footer (1x40) container van shipment bearing
No. KKFU7195683 which was falsely declared to contain 40 pallets/1,690
cartons of CD kit cleaner and plastic CD case, said imported items having
customs duties amounting to Three Million Three Hundred Forty One
Thousand Two Hundred Forty Five Pesos (Php 3,341,245) of which only the
amount of One Hundred Thousand Three Hundred Sixty Two Pesos
(Php100,362) was paid, in violation of the above-captioned law, and to
the prejudice and damage of the Government in the amount of Three
Million Two Hundred Forty Thousand Eight Hundred Eighty Three Pesos
(Php3,240,883).
Nonetheless, the RATS was only alerted by the developments in the case
on July 24, 2013, when Atty. Danilo M. Campos Jr. (Atty. Campos) received
the July 15, 2013 Resolution of the CTA ordering the entry of judgment in
the case, considering that no appeal was taken by any of the parties.
According to Atty. Campos, it was only on that occasion when he
discovered the May 15, 2013 Resolution of the CTA. Thus, it was prayed
that the petition be given due course despite its late filing.
This belated filing cannot be countenanced by the Court.
Section 4, Rule 65 of the 1997 Rules of Civil Procedure is explicit in stating
that certiorari should be instituted within a period of 60 days from notice
of the judgment, order or resolution sought to be assailed. The 60-day
period is inextendible to avoid any unreasonable delay that would violate
the constitutional rights of parties to a speedy disposition of their case.
While there are recognized exceptions to such strict observance, there
should be an effort on the part of the party invoking liberality to advance
a reasonable or meritorious explanation for his/her failure to comply with
the rules.
In the case at bench, no convincing justification for the belated filing of
the petition was advanced to warrant the relaxation of the Rules. Notably,
the records show that the petition was filed only on August 12, 2013, or
almost a month late from the due date which fell on July 16, 2013. To
excuse this grave procedural lapse will not only be unfair to the other
party, but it will also sanction a seeming rudimentary attempt to
circumvent standing rules of procedure. Suffice it to say, the reasons
proffered by the petitioner do not carry even a tinge of merit that would
deserve leniency.
The late filing of the petition was borne out of the petitioners failure to
monitor incoming court processes that needed to be addressed by the
office. Clearly, this is an admission of inefficiency, if not lack of zeal, on
the part of an office tasked to effectively curb smuggling activities which
rob the government of millions of revenue every year.
Facts:
The Rural Bank of Faire, Incorporated (RBFI). Record shows that
the corporate life of RBFI expired on May 31, 2005 Notwithstanding,
petitioner Alfeo D. Vivas (Vivas) and his principals acquired the controlling
interest in RBFI sometime in January 2006. At the initiative of Vivas and
the new management team, an internal audit was conducted on RBFI and
results thereof highlighted the dismal operation of the rural bank. In view
of those findings, certain measures calculated to revitalize the bank were
allegedly introduced. Bangko Sentral ng Pilipinas (BSP) issued the
Certificate of Authority extending the corporate life of RBFI for another
fifty (50) years. The BSP also approved the change of its corporate name
to EuroCredit Community Bank, Incorporated .
Pursuant to The New Central Bank Act, the Integrated Supervision
Department II (ISD II) of the BSP conducted a general examination on
ECBI. Shortly after the completion of the general examination, an exit
conference was held at the BSP during which the BSP officials and
examiners apprised Vivas, the Chairman and President of ECBI, as well as
the other bank officers and members of its BOD, of the advance findings
noted during the said examination. Board (MB) issued Resolution No.
1255, placing ECBI under Prompt Corrective Action (PCA) framework
because of the following serious findings and supervisory concerns noted
during the general examination: 1] negative capital of 14.674 million and
capital adequacy ratio of negative 18.42%; 2] CAMEL (Capital Asset
Management Earnings Liquidity) composite rating of "2" with a
Management component rating of "1"; and 3] serious supervisory
concerns particularly on activities deemed unsafe or unsound. Vivas
claimed that the BSP took the above courses of action due to the joint
influence exerted by a certain hostile shareholder and a former BSP
examiner.
Vivas moved for a reconsideration on the grounds of non-observance of
due process and arbitrariness. The ISD II, on several instances, had
invited the BOD of ECBI to discuss matters pertaining to the placement of
the bank under PCA framework and other supervisory concerns before
making the appropriate recommendations to the MB. The proposed
Facts:
James L. King (King) charged Roderick Lim-Go, Lucy Go, Nelson
Go, John Doe and Peter Doe with violation of B.P. 22 and Estafa.
King filed a Second Supplemental Complaint-Affidavit for Estafa
impleading Grace Tan-Go, and herein petitioners Rolando Tan, Elena Tan,
and Lamberto Tan, as additional respondents.
King averred that the spouses Roderick Lim Go and Grace Tan-Go
(spouses Go) proposed to him a business transaction wherein the spouses
Go would borrow cash from King in exchange for which Roderick Go would
issue postdated checks corresponding to the amount borrowed plus
interest. Roderick Gos parents, Go Tong Go and Lucy Go, and brother,
Nelson Go, assured King that whatever checks Roderick Go would issue
would be funded on their due dates and that the checking account at the
United Overseas Bank, Carbon Branch, Cebu City is their joint account.
King agreed to the business proposal. Thereafter, Roderick Go started
issuing checks, inclusive of interest, in exchange for the cash given by
King. The checks when presented for encashment were initially honored
by the drawee bank; consequently, King reposed his trust and confidence
in spouses Go.
The spouses Go, together with herein petitioners Rolando Tan (father of
Grace Tan-Go), Elena Tan (mother of Grace Tan-Go), asked P100 Million
from King allegedly for the renovation of their movie houses in Butuan
City. However, King could only accommodate P40 Million, in exchange for
which, Roderick Go issued several checks to King in the amount of P61.28
Million, inclusive of the interest for three months.
At first, the checks issued by Go were honored by the drawee bank when
presented. However, on June 24, 2002, when several of the checks he
issued were about to fall due, Roderick Go requested King for a meeting.
While at the agreed meeting place, Roderick Go allegedly attacked King
with a box cutter and told him that all the checks that he issued would be
dishonored and for this reason he had to injure, kidnap and kill him. This
incident is the subject of a separate criminal case. Thereafter, all the
checks dated June 21, 23 and 24, 2002 issued by Roderick Go were
dishonored for having been drawn against insufficient funds. Despite
repeated demands, no payment was made; hence, King filed a complaint
for violation of BP Blg. 22 and Estafa.
Petitioners filed a Petition for Prohibition and Injunction with Preliminary
Injunction and Prayer for Temporary Restraining Order before the Court of
Appeals. They sought to restrain the trial court from proceeding with the
subject criminal cases against them and prayed that the same be
dismissed.
CA issued the assailed Decision dismissing the petition for lack of merit
Issue:
Whether the resort to the extraordinary remedy of prohibition
was proper.
Go and Grace Tan-Go, were able to timely appeal the Joint Resolution
dated November 8, 2002 to the Secretary of Justice while petitioners
failed to appeal the same before their arraignment.
By participating in the proceedings before the Secretary of Justice,
petitioners have actively litigated the issues regarding the factual and
legal basis of the finding of probable cause against them as well as the
authority of public respondent Montero to file the subject criminal
information. Yet, these issues are exactly the same issues being raised by
petitioners before this Court through the instant petition which is separate
and distinct from the proceedings before the Secretary of Justice whose
aforesaid Resolution is not the one before us for review. To reiterate, what
is before us for review is the Decision of the Court of Appeals which
dismissed the petition for prohibition filed by petitioners to restrain the
trial court from proceeding with the criminal cases against them. In effect,
by taking these two distinct courses of actions, petitioners have pursued
the same or related causes, prayed for the same or substantially the
same reliefs, and, in the process, have created the possibility of
conflicting decisions being rendered by the different fora upon the same
issues which is precisely the evil that the rule on forum-shopping seeks to
prevent. As a consequence of petitioners violation of the rule against
forum-shopping and in order to preserve the laudable objectives of the
rule against forum-shopping, the dismissal of the petition for prohibition
should be upheld.
Facts: On 15 December 2003, two Informations for the crime of rape and
one Information for the crime of acts of lasciviousness were filed against
petitioners Darryl Hipos, Jaycee Corsio, Arthur Villaruel and two others
before Branch 86 of the Regional Trial Court of Quezon City, acting as a
Family Court, presided by respondent Judge Bay. Private complainants
filed a Motion for Reinvestigation asking Judge Bay to order the City
Prosecutor of Quezon City to study if the proper Informations had been
filed against petitioners and their co-accused. Judge Bay granted the
Motion and ordered a reinvestigation of the cases. Petitioners filed their
Joint Memorandum to Dismiss the Case[s] before the City Prosecutor.
They claimed that there was no probable cause to hold them liable for the
crimes charged.
The Office of the City Prosecutor affirmed the Informations filed against
petitioners and their co-accused. The 2nd Assistant City Prosecutor
Lamberto C. de Vera, reversed the holding that there was lack of probable
cause. The City Prosecutor filed a Motion to Withdraw Informations before
Judge Bay. Judge Bay denied the Motion to Withdraw Informations.
Without moving for a reconsideration of the above assailed Order,
petitioners filed the present Petition for Mandamus, bringing forth this
lone issue for our consideration:
Issue:
Whether Supreme Court can compel respondent Judge Bay to
dismiss the case through a writ of Mandamus by virtue of the of the
resolution issued by the Office of the City Prosecutor for finding no
probable cause against the accused?
Held: No. Mandamus is an extraordinary writ commanding a tribunal,
corporation, board, officer or person, immediately or at some other
specified time, to do the act required to be done, when the respondent
unlawfully neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust, or station; or when the
respondent excludes another from the use and enjoyment of a right or
office to which the latter is entitled, and there is no other plain, speedy
and adequate remedy in the ordinary course of law.
As an extraordinary writ, the remedy of mandamus lies only to compel an
officer to perform a ministerial duty, not a discretionary one; mandamus
will not issue to control the exercise of discretion by a public officer where
the law imposes upon him the duty to exercise his judgment in reference
to any manner in which he is required to act, because it is his judgment
that is to be exercised and not that of the court.
In the case at bar, the act which petitioners pray that we compel the trial
court to do is to grant the Office of the City Prosecutors Motion for
Withdrawal of Informations against petitioners. In effect, petitioners seek
to curb Judge Bays exercise of judicial discretion.
There is indeed an exception to the rule that matters involving judgment
and discretion are beyond the reach of a writ of mandamus, for such writ
may be issued to compel action in those matters, when refused. However,
mandamus is never available to direct the exercise of judgment or
discretion in a particular way or the retraction or reversal of an action
already taken in the exercise of either. In other words, while a judge
refusing to act on a Motion to Withdraw Informations can be compelled by
mandamus to act on the same, he cannot be compelled to act in a certain
way, i.e., to grant or deny such Motion. In the case at bar, Judge Bay did
Facts:
In 1989, petitioner Sanchez, a constable in the Philippine
Constabulary (PC), was discharged from the service for allegedly losing
his service firearm. Petitioner Meteoro, also a constable, was likewise
discharged from the service in 1990 for being absent without leave. On
appeal, they were both cleared of all charges. They then applied for
reinstatement but their applications were not acted upon even up to the
integration of the PC into the Philippine National Police (PNP).
The National Police Commission (NAPOLCOM) issued resolution
considering as absorbed into the police force, among others, those who
had been discharged by virtue of pending administrative or criminal cases
but who were later acquitted or had their cases dismissed, and who
subsequently filed petitions for reinstatement that were not acted upon
by the PNP. Then, on April 3, 1998, NAPOLCOM issued Resolution No. 98105 affirming and confirming the absorption into the PNP, effective on
January 27, 1998, of the 126 ex-PC constables named in the list submitted
by Director Edgar C. Galvante of the PNP Directorate for Personnel and
Records Management (DPRM). Petitioners Sanchez and Meteoro are in
numbers 90 and 122, respectively, of the Galvante list.
Subsequently, on May 28, 1998, NAPOLCOM Commissioner Rogelio A.
Pureza issued a Memorandum to then Chief of the PNP Santiago Alino for
the issuance of absorption orders to the 45 PC constables included in the
initial batch of those covered by the PNP Board Resolutions. Petitioner
Sanchez is in number 45 of that list.
As no absorption order had yet been issued by the Chief of the PNP, the
constables in the list requested the assistance of the Secretary of the
Department of Interior and Local Government (DILG). On July 29, 1998,
the Office of the Secretary of the DILG sent a memorandum to respondent
Roberto T. Lastimoso, then the Chief of the PNP, endorsing the constables
entreaties and requesting for a feedback thereon.
Without any response from the Chief of the PNP, and their pleas for the
issuance of the absorption orders still unacted upon, petitioners
instituted, on September 30, 1998, a petition for mandamus docketed as
Civil Case No. Q-98-35659 in the Regional Trial Court (RTC) of Quezon City.
During the pendency of the said petition, NAPOLCOM issued Resolution
No. 99-061 on April 19, 1999 recalling the earlier Resolution No. 98-105.
The recall was based on the Commissions finding that the list submitted
by Galvante was not actually of the constables whose applications for
absorption were indorsed for approval, but of those whose applications
were still to be reviewed, evaluated and disposed of. In other words, the
126 named in the list were still to be interviewed and their applications to
be deliberated upon by the PNP Special Committee. On November 15,
2001, however, the RTC rendered its Decision in the mandamus case
declaring as void ab initio NAPOLCOM Resolution No. 99-061 and ruling in
favor of the petitioners.
On appeal, the CA, in the assailed June 18, 2003 Decision, reversed the
ruling of the trial court and ruled that a writ of mandamus could not be
issued because petitioners had not established with distinct clarity their
right to be absorbed into the PNP.
Issue::
Whether or not petitioners have a cause of action for
mandamus to compel the respondent to absorb the petitioners in the
philippine national police.
Held: We have repeatedly stressed in our prior decisions that the remedy
of mandamus is employed only to compel the performance, when
refused, of a ministerial duty, but not to require anyone to fulfill a
discretionary one. The issuance of the writ is simply a command to
exercise a power already possessed and to perform a duty already
imposed. In Manila International Airport Authority v. Rivera Village Lessee
Homeowners Association, Inc., we emphasized, through the erudite and
eloquent ponencia of Justice Dante O. Tinga, that the writ can be issued
only when the applicants legal right to the performance of a particular
act sought to be compelled is clear and complete, one which is
indubitably granted by law or is inferable as a matter of law, thus: In
order that a writ of mandamus may aptly issue, it is essential that, on the
one hand, petitioner has a clear legal right to the claim that is sought and
that, on the other hand, respondent has an imperative duty to perform
that which is demanded of him. Mandamus will not issue to enforce a
right, or to compel compliance with a duty, which is questionable or over
which a substantial doubt exists. The principal function of the writ of
mandamus is to command and to expedite, not to inquire and to
adjudicate. Thus, it is neither the office nor the aim of the writ to secure a
legal right but to implement that which is already established. Unless the
right to relief sought is unclouded, mandamus will not issue.
Viewed in light of the said guideposts, the PNP Chiefs issuance of the
orders for the absorption of herein petitioners in the police force is not
compellable by a writ of mandamus precisely because the same does not
involve a performance of a ministerial duty. Let it be noted that
petitioners were discharged from the PC service, subsequently cleared of
the charges against them, applied for reinstatement but their applications
were not acted upon until the integration of the PC into the PNP in 1990
when R.A. No. 697523 was enacted. Thus, we no longer speak of the
reinstatement of the petitioners to the service because the Philippine
Constabulary no longer exists, but of their employment in the PNP which
is, as we held in Gloria v. De Guzman, technically an issuance of a new
appointment. The power to appoint is essentially discretionary to be
performed by the officer in which it is vested according to his best lights,
the only condition being that the appointee should possess the
qualifications required by law. Consequently, it cannot be the subject of
an application for a writ of mandamus. Furthermore, the petitioners do
not have a clear legal right over the issuance of the absorption orders.
They cannot claim the right to be issued an appointment based on the
NAPOLCOM issuances, specifically Resolution Nos. 98-037 and 98-105.
Suffice it to state that R.A. No. 6975 clearly provides that the power to
appoint PNP personnel with the rank of "Police Officer I" to "Senior Police
Facts:
Sangguniang Panlungsod of Manila enacted Ordinance No.
8027, pursuant to the police power delegated to local government units
within constitutional limits, to promote the order, safety, health, morals
and general welfare of the society. Ordinance No. 8027 reclassified the
area described therein from industrial to commercial and directed the
owners and operators of businesses disallowed under Section 1 to cease
and desist from operating their businesses within six months from the
date of effectivity of the ordinance. Among the businesses situated in the
area are the so-called "Pandacan Terminals" of the oil companies Caltex
(Philippines), Inc., Petron Corporation and Pilipinas Shell Petroleum
Corporation.Respondent mayor approved the ordinance and became
effective on December 28, 2001, after its publication.
However, the City of Manila and the Department of Energy (DOE) entered
into a memorandum of understanding (MOU) with the oil companies. The
Sangguniang Panlungsod ratified the MOU in Resolution. In the same
resolution, the Sanggunian declared that the MOU was effective only for a
period of six months but later on, adopted a new resolution extending the
validity and authorizing Mayor Atienza to issue special business permits
to the oil companies. That resolution also called for a reassessment of the
ordinance. Petitioners filed this original action for mandamus praying that
Mayor Atienza be compelled to enforce Ordinance No. 8027 and order the
immediate removal of the terminals of the oil companies.
Issue:
Whether Mandamus is proper in this case in order to compel
Mayor Atienza to enforce Ordinance No. 8027; otherwise stated W
Respondent has the mandatory duty to enforce Ordinace No. 8027.
Held: YES. Under Rule 65, Section 316 of the Rules of Court, a petition for
mandamus may be filed when any tribunal, corporation, board, officer or
person unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or station.
Mandamus is an extraordinary writ that is employed to compel the
performance, when refused, of a ministerial duty that is already imposed
on the respondent and there is no other plain, speedy and adequate
remedy in the ordinary course of law. The petitioner should have a welldefined, clear and certain legal right to the performance of the act and it
must be the clear and imperative duty of respondent to do the act
required to be done.
Mandamus will not issue to enforce a right, or to compel compliance with
a duty, which is questionable or over which a substantial doubt exists.
The principal function of the writ of mandamus is to command and to
expedite, not to inquire and to adjudicate; thus, it is neither the office nor
the aim of the writ to secure a legal right but to implement that which is
already established. Unless the right to the relief sought is unclouded,
mandamus will not issue. Local Government Code imposes upon
respondent the duty, as city mayor, to "enforce all laws and ordinances
relative to the governance of the city." One of these is Ordinance No.
8027. As the chief executive of the city, he has the duty to enforce
Ordinance No. 8027 as long as it has not been repealed by the
Sanggunian or annulled by the courts.
Facts:
After the Chinese civil war, China was divided into two
governments PROC (who had control of mainland China) & ROC (who had
control of Taiwan). At first ROC was the one recognized by (different)
other states. However, eventually states began recognizing the PROC.
One of those states is the RP. RP ended its official diplomatic relation w/
Taiwan on 9 June 1975 when it recognized the other government thru Joint
Communiqu. The RP's commitment to the One China policy of the PROC
however, did not preclude the country from keeping unofficial relations w/
Taiwan on a "people-to-people" basis. This meant that the relationship
between Taiwan & RP has to be coursed thru officials outside of the
official or governmental organs. This unofficial relationship was facilitated
by the offices of Taipei Economic Cultural Office (Taiwan) and MECO (RP).
MECO was organized on 16 Dec 1997 as a non-stock non-profit
corporation. At present MECO oversees the rights & interests of OFWs in
Taiwan; promotes the Philippines as a tourist and investment destination
for the Taiwanese; and facilitate the travel of Filipinos and Taiwanese from
Taiwan to Philippines and vice versa.
On 23 Aug 2010 petitioner requested for a copy of the latest financial &
audit report of the MECO from COA, invoking for that purpose his
"Constitutional right to information on matters of public concern". Funa
believed that MECO is a GOCC under DTI thus subject to audit by COA.
According to the report of the Assistant Commissioner, MECO was not
among the agencies audited by any of the three clusters of the Corporate
Government Sector. Hence, Funa filed for mandamus stating that the
failure of COA to audit MECO is neglecting its duty under the Constitution
(Sec 2(1) Article IX-D).
According to Funa, MECO should be audited by COA because:
1) MECO is vested w/ government functions
2) MECO is controlled by the government
3) MECO is under the operational & policy supervision of DTI
Held: NO. The issuance by the COA of Office Order No. 2011-698 qualifies
as a supervening event that effectively renders moot and academic the
main prayer of the instant mandamus petition. A writ of mandamus to
compel the COA to audit the accounts of the MECO would certainly be a
mere superfluity, when the former had already obliged itself to do the
same.
WHEREFORE, premises considered, the petition is PARTIALLY GRANTED.
The Manila Economic and Cultural Office is hereby declared a nongovernmental entity. However, the accounts of the Manila Economic and
Cultural Office pertaining to: the verification fees contemplated by
Section 7 of Executive Order No. 1022 issued 1 May 1985, that the former
collects on behalf of the Department of Labor and Employment, and the
fees it was authorized to collect under Section 2(6) of Executive Order No.
15 issued 16 May 2001, are subject to the audit jurisdiction of the COA.