amounts demanded by the plaintiffs for the cost of the
G.R. No. 167415 February 26, 2010
ATTY. MANGONTAWAR M. GUBAT, Petitioner,
vs.
NATIONAL POWER CORPORATION, Respondent.
DECISION
DEL CASTILLO, J.:
Truly, there is no doubt that the rights of others cannot be
prejudiced by private agreements. However, before this
Court can act and decide to protect the one apparently
prejudiced, we should remember what Aesop taught in one
of his fables: Every truth has two sides; it is well to look at
both, before we commit ourselves to either.
A lawyer asserts his right to his contingent fees after his
clients, allegedly behind his back, had entered into an out-
of-court settlement with the National Power Corporation
(NPC). The trial court granted his claim by way of summary
judgment. However, this was reversed by the Court of
Appeals (CA) because the counsel was allegedly enforcing a
decision that was already vacated. In this petition,
petitioner Atty. Mangontawar M. Gubat (Atty. Gubat)
attempts to persuade us that the compensation due him is
independent of the vacated decision, his entitlement
thereto being based on another reason: the bad faith of his
clients and of the respondent NPC.
Factual Antecedents
In August 1990, plaintiffs Ala Mambuay, Norma Maba, and
Acur Macarampat separately filed civil suits for damages
against the NPC before the Regional Trial Court of Lanao del
Sur in Marawi City (RTC), respectively docketed as Civil Case
Nos. 294-90, 295-90, and 296-90. In the said complaint,
plaintiffs were represented by Atty. Linang Mandangan
(Atty. Mandangan) and petitioner herein, whose services
were engaged at an agreed attorneys fees of P30,000.00
for each case and P600.00 for every appearance. Petitioner
was the one who signed the complaints on behalf of himself
and Atty. Mandangan.1
During the course of the proceedings, the three complaints
were consolidated because the plaintiffs causes of action
are similar. They all arose from NPCs refusal to pay the
On August 19, 1992, NPC moved to dismiss its
improvements on their respective lands which were
destroyed when the NPC constructed the Marawi-
Malabang Transmission Line.
On the day of the initial hearing on the merits, NPC and its
counsel failed to appear. Consequently, respondent was
declared in default. Despite the plea of NPC for the lifting of
the default order, the RTC of Marawi City, Branch 8,
rendered its Decision2 on April 24, 1991, the dispositive
portion of which provides:
PREMISES CONSIDERED, judgment is hereby rendered in
favor of the herein plaintiffs and against the defendant
National Power Corporation as represented by its President
Ernesto Aboitiz, P.M. Durias and Rodrigo P. Falcon, ordering
the latter jointly and severally:
(1) In Civil Case No. 204-90 to pay plaintiff Ala
Mambuay the sum of P103,000.00 representing
the value of the improvements and the occupied
portion of the land, P32,000.00 as attorneys
fees, P20,000.00 as moral and/or exemplary
damages, P50,000.00 as actual damages and the
costs;
(2) In Civil Case No. 295-90 to pay plaintiff Norma
Maba represented by Capt. Ali B. Hadji Ali the sum
of P146,700.00 representing the value of the
improvements and the occupied portion of the
land, P32,000.00 as attorneys fees, P20,000.00
as moral and/or exemplary damages, P50,000.00
as actual damages and the costs;
(3) In Civil Case No. 296-90 to pay plaintiff Acur
Macarampat the sum of P94,100.00 representing
the value of the improvements and the occupied
portion of the land, P32,000.00 as attorneys
fees, P20,000.00 as moral and/or exemplary
damages, P50,000.00 as actual damages and the
costs.3
NPC appealed to the CA which was docketed as CA-G.R. CV
No. 33000. During the pendency of the appeal, Atty. Gubat
filed an Entry and Notice of Charging Lien4 to impose his
attorneys lien of P30,000.00 and appearance fees
of P2,000.00 on each of the three civil cases he handled,
totalling P96,000.00.
appeal5 alleging that the parties had arrived at a
settlement. Attached to the motion were acknowledgment
receipts6 dated April 2, 1992 signed by plaintiffs Acur
Macarampat, Ala Mambuay, and Norma Maba, who
received P90,060.00, P90,000.00, and P90,050.00
respectively, in full satisfaction of their claims against the
NPC. The motion stated that copies were furnished to Atty.
Mandangan and herein petitioner,
although it was only Atty. Mandangans signature which
appeared therein.7
On January 24, 1996, the CA rendered its
Decision8 disposing thus:
WHEREFORE, the Order of Default dated December 11,
1990; the Order denying the Motion for Reconsideration to
Lift Order of Default dated January 25, 1991; and the
Decision dated April 24, 1991, are hereby ANNULLED and
SET ASIDE and the records of Civil Case Nos. 294-90, 295-90
and 296-90 are hereby ordered remanded to the court of
origin for new trial.9
After the cases were remanded to the RTC, petitioner filed
a Motion for Partial Summary Judgment10 on his attorneys
fees. He claimed that the plaintiffs and the NPC deliberately
did not inform him about the execution of the compromise
agreement, and that said parties connived with each other
in entering into the compromise agreement in order to
unjustly deprive him of his attorneys fees. Furthermore, he
alleged:
xxxx
12. That, in view of such settlement, there are no
more genuine issues between the parties in the
above-entitled cases except as to the attorneys
fees; As such, this Honorable Court may validly
render a partial summary judgment on the claim
for attorneys fees; and
13. That the undersigned counsel hereby MOVES
for a partial summary judgment on his lawful
attorneys fees based on the pleadings and
documents on file with the records of this case.11
xxxx
Petitioner thus prayed that a partial summary judgment be
rendered on his attorneys fess and that NPC be ordered to
pay him directly his lawful attorneys fees of P32,000.00 in
each of the above cases, for a total of P96,000.00.
NPC opposed the motion for partial summary of judgment.
It alleged that a client may compromise a suit without the
intervention of the lawyer and that petitioners claim for
attorneys fees should be made against the plaintiffs. NPC
likewise claimed that it settled the case in good faith and
that plaintiffs were paid in full satisfaction of their claims
which included attorneys fees.
On March 15, 2000, the trial court issued an
Order12 granting petitioners motion for summary
judgment. It found that the parties to the compromise
agreement connived to petitioners prejudice which
amounts to a violation of the provisions of the Civil Code on
Human Relations.13 It ruled that:
xxxx
There is no dispute that the Compromise Agreement was
executed during the pendency of these cases with the
Honorable Court of Appeals. Despite the knowledge of the
defendant that the services of the movant was on a
contingent basis, defendant proceeded with the
Compromise Agreement without the knowledge of Atty.
Gubat. The actuation of the defendant is fraudulently
designed to deprive the movant of his lawful attorneys fees
which was earlier determined and awarded by the Court.
Had defendant been in good faith in terminating these
cases, Atty. Gubat could have been easily contacted.
x x x x14
The dispositive portion of the Order reads:
WHEREFORE, premises considered, plaintiffs Ala Mambuay,
Norma Maba and Acur Macarampat as well as defendant
National Power Corporation are hereby ordered to pay
jointly and solidarily Atty. Mangontawar M. Gubat the sum
of P96,000.00.15
NPC filed a Motion for Reconsideration16 but the motion
was denied by the
trial court in its June 27, 2000 Order.17 Thus, NPC filed a
Petition for Certiorari18 before the CA docketed as CA-G.R.
SP No. 60722, imputing grave abuse of discretion on the
court a quo for granting petitioners Motion for Partial
Summary Judgment. It prayed that the subject order be set
aside insofar as NPC is concerned.
NPC maintained that it acted in good faith in the execution
of the compromise settlement. It likewise averred that the
lower courts award of attorneys fees amounting
to P96,000.00 was clearly based on the award of attorneys
fees in the April 24, 1991 Decision of the trial court which
had already been reversed and set aside by the CA in CA-
G.R. CV No. 33000. Moreover, NPC contended that
petitioner cannot enforce his charging lien because it
presupposes that he has secured a favorable money
judgment for his clients. At any rate, since petitioner is
obviously pursuing the compensation for the services he
rendered to his clients, thus, recourse should only be
against them, the payment being their personal obligation
and not of respondent. NPC further alleged that even
assuming that the subject attorneys fees are those that fall
under Article 2208 of the Civil Code19 which is in the
concept of indemnity for damages to be paid to the winning
party in a litigation, such fees belong to the clients and not
to the lawyer, and this form of damages has already been
paid directly to the plaintiffs.
On the other hand, petitioner claimed that he was not
informed of the compromise agreement or furnished a copy
of NPCs Motion to Dismiss Appeal. He alleged that the
same was received only by Atty. Mandangan who neither
signed any of the pleadings nor appeared in any of the
hearings before the RTC. Petitioner clarified that his motion
for a partial summary judgment was neither a request for
the revival of the vacated April 24, 1991 Decision nor an
enforcement of the lien, but a grant of his contingent fees
by the trial court as indemnity for damages resulting from
the fraudulent act of NPC and of his clients who conspired
to deprive him of the fees due him. He asserted that NPC
cannot claim good faith because it knew of the existence of
his charging lien when it entered into a compromise with
the plaintiffs.
Petitioner also alleged that NPCs remedy should have been
an ordinary appeal and not a petition for certiorari because
the compromise agreement had settled the civil suits. Thus,
when the trial court granted the motion for partial
summary judgment on his fees, it was a final disposition of
the entire case. He also argued that the issue of bad faith is
factual which cannot be a subject of a certiorari petition. He
also insisted that NPCs petition was defective for lack of a
board resolution authorizing Special Attorney Comie
Doromal (Atty. Doromal) of the Office of the Solicitor
General (OSG) to sign on NPCs behalf.
On September 9, 2002, the CA rendered the herein assailed
Decision20 ruling that:
The reasoning of Atty. Gubat is a crude palusot (a sneaky
fallacious reasoning) for how can one enforce a part of a
decision which has been declared void and vacated. In legal
contemplation, there is no more decision because,
precisely, the case was remanded to the court a quo for
further proceeding.
It was bad enough that Atty. Gubat tried to pull a fast [one]
but it was [worse] that respondent Judge fell for it resulting
in a plainly erroneous resolution.
Like his predecessor Judge Adiong, Judge Macarambon
committed basic errors unquestionably rising to the level of
grave abuse of discretion amounting to lack or excess of
jurisdiction.
WHEREFORE, finding merit in the petition, the Court issues
the writ of certiorari and strikes down as void the Order
dated March 15, 2000 granting Atty. Mangontawar M.
Gubats Motion for Partial Summary Judgment as well as
the Order dated June 27, 2000 denying petitioner National
Power Corporations Motion for Reconsideration.
SO ORDERED.21
Petitioner filed a motion for reconsideration but the motion
was denied by the CA in its January 19, 2005
Resolution,22 Hence, this petition.
Petitioner insists on the propriety of the trial courts order
of summary judgment on his attorneys fees. At the same
time, he imputes grave abuse of discretion amounting to
lack or excess of jurisdiction on the CA for entertaining
respondents Petition for Certiorari. He maintains that the
petition should have been dismissed outright for being the
wrong mode of appeal.
Our Ruling
The petition lacks merit.
Petitioners resort to Rule 65 is not proper.
At the outset, the petition should have been dismissed
outright because petitioner resorted to the wrong mode of
appeal by filing the instant petition for certiorari under Rule
65. Section 1 of the said Rule explicitly provides that a
petition for certiorari is available only when there is no
appeal or any plain, speedy, and adequate remedy in the
ordinary course of law. In this case, the remedy of appeal
by way of a petition for review on certiorari under Rule 45
is not only available but also the proper mode of appeal. For
all intents and purposes, we find that petitioner filed the
instant petition for certiorari under Rule 65 as a substitute
for a lost appeal. We note that petitioner received a copy of
the January 19, 2005 Resolution of the CA denying his
motion for reconsideration on January 28, 2005. Under
Section 2 of Rule 45, petitioner has 15 days from notice of
the said Resolution within which to file his petition for
review on certiorari. As such, he should have filed his
appeal on or before February 12, 2005.However, records
show that the petition was posted on March 1, 2005, or long
after the period to file the appeal has lapsed.
At any rate, even if we treat the instant petition as one filed
under Rule 45, the same should still be denied for failure on
the part of the petitioner to show that the CA committed a
reversible error warranting the exercise of our discretionary
appellate jurisdiction.
Petitioners resort to summary judgment is not proper; he
is not entitled to an immediate relief as a matter of law, for
the existence of bad faith is a genuine issue of fact to be
tried.
A summary judgment is allowed only if, after hearing, the
court finds that except as to the amount of damages, the
pleadings, affidavits, depositions and admissions show no
genuine issue as to any material fact and that the movant is
entitled to a judgment as a matter of law.23 The purpose of
a summary judgment is to avoid drawn out litigations and
useless delays because the facts appear undisputed to the
mind of the court. Such judgment is generally based on the
facts proven summarily by affidavits, depositions,
pleadings, or admissions of the parties. 24For a full-blown
trial to be dispensed with, the party who moves for
summary judgment has the burden of demonstrating
clearly the absence of genuine issues of fact, or that the
issue posed is patently insubstantial as to constitute a
genuine issue.25 "Genuine issue" means an issue of fact
which calls for the presentation of evidence as
distinguished from an issue which is fictitious or
contrived.26
Petitioner pleaded for a summary judgment on his fees on
the claim that the parties intentionally did not inform him
of the settlement. He alleged that he never received a copy
of NPCs Motion to Withdraw Appeal before the CA and that
instead, it was another lawyer who was furnished and who
acknowledged receipt of the motion. When he confronted
his clients, he was allegedly told that the NPC deceived
them into believing that what they received was only a
partial payment exclusive of the attorneys fees. NPC
contested these averments. It claimed good faith in the
execution of the compromise agreement. It stressed that
the attorneys fees were already deemed included in the
monetary consideration given to the plaintiffs for the
compromise.
The above averments clearly pose factual issues which
make the rendition of summary judgment not proper. Bad
faith imports a dishonest purpose or some moral obliquity
and conscious doing of a wrong. It is synonymous with
fraud, in that it involves a design to mislead or deceive
another.27 The trial court should have exercised prudence
by requiring the presentation of evidence in a formal trial
to determine the veracity of the parties respective
assertions. Whether NPC and the plaintiffs connived and
acted in bad faith is a question of fact and is evidentiary.
Bad faith has to be established by the claimant with clear
and convincing evidence, and this necessitates an
examination of the evidence of all the parties. As certain
facts pleaded were being contested by the opposing
parties, such would not warrant a rendition of summary
judgment.
Moreover, the validity or the correct interpretation of the
alleged compromise agreements is still in issue in view of
the diverse interpretations of the parties thereto. In fact, in
the Decision of the CA dated January 24, 1996, the appellate
court ordered the case to be remanded to the trial court for
new trial, thereby ignoring completely NPCs motion to
dismiss appeal based on the alleged compromise
agreements it executed with the plaintiffs. Even in its
assailed Decision of September 9, 2002, the CA did not rule
on the validity of the alleged compromise agreements. This
is only to be expected in view of its earlier ruling dated
January 24, 1996 which directed the remand of the case to
the court of origin for new trial.
Considering the above disquisition, there is still a factual
issue on whether the NPC and the plaintiffs had already
validly entered into a compromise agreement. Clearly, the
NPC and the plaintiffs have diverse interpretations as
regards the stipulations of the compromise agreement
which must be resolved. According to the NPC, the amounts
it paid to the plaintiffs were in full satisfaction of their
claims. Plaintiffs claim otherwise. They insist that the
amounts they received were exclusive of attorneys claim.
They also assert that NPC undertook to pay the said
attorneys fees to herein petitioner.
A client may enter into a compromise agreement without
the intervention of the lawyer, but the terms of the
agreement should not deprive the counsel of his
compensation for the professional services he had rendered.
If so, the compromise shall be subjected to said fees. If the
client and the adverse party who assented to the
compromise are found to have intentionally deprived the
lawyer of his fees, the terms of the compromise, insofar as
they prejudice the lawyer, will be set aside, making both
parties accountable to pay the lawyers fees. But in all cases,
it is the client who is bound to pay his lawyer for his legal
representation.
A compromise is a contract whereby the parties, by making
reciprocal concessions, avoid litigation or put an end to one
already commenced.28 It is a consensual contract, binding
upon the signatories/privies, and it has the effect of res
judicata.29 This cannot however affect third persons who
are not parties to the agreement.30
Contrary to petitioners contention, a client has an
undoubted right to settle a suit without the intervention of
his lawyer,31 for he is generally conceded to have the
exclusive control over the subject-matter of the litigation
and may, at any time before judgment, if acting in good
faith, compromise, settle, and adjust his cause of action out
of court without his attorneys intervention, knowledge, or
consent, even though he has agreed with his attorney not
to do so.32 Hence, a claim for attorneys fees does not void
the compromise agreement and is no obstacle to a court
approval.33
However, counsel is not without remedy. As the validity of
a compromise agreement cannot be prejudiced, so should
not be the payment of a lawyers adequate and reasonable
compensation for his services should the suit end by reason
of the settlement. The terms of the compromise subscribed
to by the client should not be such that will amount to an
entire deprivation of his lawyers fees, especially when the
contract is on a contingent fee basis. In this sense, the
compromise settlement cannot bind the lawyer as a third
party. A lawyer is as much entitled to judicial protection
against injustice or imposition of fraud on the part of his
client as the client is against abuse on the part of his
counsel. The duty of the court is not only to ensure that a
lawyer acts in a proper and lawful manner, but also to see
to it that a lawyer is paid his just fees.34
Even if the compensation of a counsel is dependent only
upon winning a case he himself secured for his client, the
subsequent withdrawal of the case on the clients own
volition should never completely deprive counsel of any
legitimate compensation for his professional services.35 In
all cases, a client is bound to pay his lawyer for his services.
The determination of bad faith only becomes significant
and relevant if the adverse party will likewise be held liable
in shouldering the attorneys fees.36
Petitioners compensation is a personal obligation of his
clients who have benefited from his legal services prior to
their execution of the compromise agreement. This is
strictly a contract between them. NPC would only be made
liable if it was shown that it has connived with the
petitioners clients or acted in bad faith in the execution of
the compromise agreement for the purpose of depriving
petitioner of his lawful claims for attorneys fees. In each
case, NPC should be held solidarily liable for the payment of
the counsels compensation. However, as we have already
discussed, petitioners resort to summary judgment is not
proper. Besides, it is interesting to note that petitioner is
the only one claiming for his attorneys fees
notwithstanding that plaintiffs counsels of record were
petitioner herein and Atty. Mandangan. Nevertheless, this
is not at issue here. As we have previously discussed, this is
for the trial court to resolve.
The CA soundly exercised its discretion in resorting to a
liberal application of the rules. There are no vested right to
technicalities.1avvphi1
Concededly, the NPC may have pursued the wrong remedy
when it filed a petition for certiorari instead of an appeal
since the ruling on attorneys fees is already a ruling on the
merits. However, we find that the trial court gravely abused
its discretion amounting to lack or excess of jurisdiction
when it ordered NPC solidarily liable with the plaintiffs for
the payment of the attorneys fees. The rule that a petition
for certiorari is dismissible when the mode of appeal is
available admits of exceptions, to wit: (a) when the writs
issued are null; and, (b) when the questioned order
amounts to an oppressive exercise of judicial
authority.37 Clearly, respondent has shown its entitlement
to the exceptions.
The same liberal application should also apply to the
question of the alleged lack of authority of Atty. Doromal to
execute the certification of non-forum shopping for lack of
a board resolution from the NPC. True, only individuals
vested with authority by a valid board resolution may sign
the certificate of non-forum shopping in behalf of the
corporation, and proof of such authority must be attached
to the petition,38 the failure of which will be sufficient cause
for dismissal. Nevertheless, it cannot be said that Atty.
Doromal does not enjoy the presumption that he is
authorized to represent respondent in filing the Petition
for Certiorari before the CA. As Special Attorney, he is one
of the counsels of NPC in the proceedings before the trial
court, and the NPC never questioned his authority to sign
the petition for its behalf.
In any case, the substantive issues we have already
discussed are justifiable reasons to relax the rules of
procedure. We cannot allow a patently wrong judgment to
be implemented because of technical lapses. This
ratiocination is in keeping with the policy to secure a just,
speedy and inexpensive disposition of every action or
proceeding.39 As we have explained in Alonso v. Villamor:40
There is nothing sacred about processes or pleadings, their
forms or contents. Their sole purpose is to facilitate the
application of justice to the rival claims of contending
parties. They were created, not to hinder and delay, but to
facilitate and promote, the administration of justice. They
do not constitute the thing itself, which courts are always
striving to secure to litigants. They are designed as the
means best adopted to obtain that thing. In other words,
they are a means to an end. When they lose the character
of the one and become the other, the administration of
justice is at fault and courts are correspondingly remiss in
the performance of their obvious duty.
The error in this case is purely technical. To take advantage
of it for other purposes than to cure it, does not appeal to a
fair sense of justice. Its presentation as fatal to the plaintiff's
case smacks of skill rather than right. A litigation is not a
game of technicalities in which one more deeply schooled
and skilled in the subtle art of movement and position,
entraps and destroys the other. It is rather, a contest in
which each contending party fully and fairly lays before the
court the facts in issue and then, brushing aside as wholly
trivial and indecisive all imperfections of form and
technicalities of procedure, asks that justice be done upon
the merits. Law-suits, unlike duels, are not to be won by a
rapier's thrust. Technicality, when it deserts its proper
office as an aid to justice and becomes its great hindrance
and chief enemy, deserves scant consideration from courts.
There should be no vested rights in technicalities. No
litigant should be permitted to challenge a record of a court
of these Islands for defect of form when his substantial
rights have not been prejudiced thereby.
WHEREFORE, the Petition is hereby DISMISSED for lack of
merit. The September 9, 2002 Decision of the Court of
Appeals and its January 19, 2005 Resolution are AFFIRMED.
SO ORDERED.
G.R. No. 141538 March 23, 2004
HERMANA R. CEREZO, petitioner,
vs.
DAVID TUAZON, respondent.
DECISION
CARPIO, J.:
The Case
This is a petition for review on certiorari1 to annul the
Resolution2 dated 21 October 1999 of the Court of Appeals
in CA-G.R. SP No. 53572, as well as its Resolution dated 20
January 2000 denying the motion for reconsideration. The
Court of Appeals denied the petition for annulment of the
Decision3 dated 30 May 1995 rendered by the Regional Trial
Court of Angeles City, Branch 56 ("trial court"), in Civil Case
No. 7415. The trial court ordered petitioner Hermana R.
Cerezo ("Mrs. Cerezo") to pay respondent David Tuazon
("Tuazon") actual damages, loss of earnings, moral
damages, and costs of suit.
Antecedent Facts
Around noontime of 26 June 1993, a Country Bus Lines
passenger bus with plate number NYA 241 collided with a
tricycle bearing plate number TC RV 126 along Captain M.
Palo Street, Sta. Ines, Mabalacat, Pampanga. On 1 October
1993, tricycle driver Tuazon filed a complaint for damages
against Mrs. Cerezo, as owner of the bus line, her husband
Attorney Juan Cerezo ("Atty. Cerezo"), and bus driver Danilo
A. Foronda ("Foronda"). The complaint alleged that:
7. At the time of the incident, plaintiff [Tuazon]
was in his proper lane when the second-named
defendant [Foronda], being then the driver and
person in charge of the Country Bus with plate
number NYA 241, did then and there willfully,
unlawfully, and feloniously operate the said
motor vehicle in a negligent, careless, and
imprudent manner without due regard to traffic
rules and regulations, there being a "Slow Down"
sign near the scene of the incident, and without
taking the necessary precaution to prevent loss of
lives or injuries, his negligence, carelessness and
imprudence resulted to severe damage to the
tricycle and serious physical injuries to plaintiff
thus making him unable to walk and becoming
disabled, with his thumb and middle finger on the
left hand being cut[.]4
On 1 October 1993, Tuazon filed a motion to litigate as a
pauper. Subsequently, the trial court issued summons
against Atty. Cerezo and Mrs. Cerezo ("the Cerezo
spouses") at the Makati address stated in the complaint.
However, the summons was returned unserved on 10
November 1993 as the Cerezo spouses no longer held office
nor resided in Makati. On 18 April 1994, the trial court
issued alias summons against the Cerezo spouses at their
address in Barangay Sta. Maria, Camiling, Tarlac. The alias
summons and a copy of the complaint were finally served
on 20 April 1994 at the office of Atty. Cerezo, who was then
working as Tarlac Provincial Prosecutor. Atty. Cerezo
reacted angrily on learning of the service of summons upon
his person. Atty. Cerezo allegedly told Sheriff William
Canlas: "Punyeta, ano ang gusto mong mangyari? Gusto
mong hindi ka makalabas ng buhay dito? Teritoryo ko ito.
Wala ka sa teritoryo mo."5
The records show that the Cerezo spouses participated in
the proceedings before the trial court. The Cerezo spouses
filed a comment with motion for bill of particulars dated 29
April 1994 and a reply to opposition to comment with
motion dated 13 June 1994.6 On 1 August 1994, the trial
court issued an order directing the Cerezo spouses to file a
comment to the opposition to the bill of particulars. Atty.
Elpidio B. Valera ("Atty. Valera") of Valera and Valera Law
Offices appeared on behalf of the Cerezo spouses. On 29
August 1994, Atty. Valera filed an urgent ex-parte motion
praying for the resolution of Tuazons motion to litigate as
a pauper and for the issuance of new summons on the
Cerezo spouses to satisfy proper service in accordance with
the Rules of Court.7
On 30 August 1994, the trial court issued an order resolving
Tuazons motion to litigate as a pauper and the Cerezo
spouses urgent ex-parte motion. The order reads:
At the hearing on August 30, 1994, the plaintiff
[Tuazon] testified that he is presently jobless; that
at the time of the filing of this case, his son who is
working in Malaysia helps him and sends him
once in a while P300.00 a month, and that he
does not have any real property. Attached to the
Motion to Litigate as Pauper are his Affidavit that
he is unemployed; a Certification by the Barangay
Captain of his poblacion that his income is not
enough for his familys subsistence; and a
Certification by the Office of the Municipal
Assessor that he has no landholding in the
Municipality of Mabalacat, Province of
Pampanga.
The Court is satisfied from the unrebutted
testimony of the plaintiff that he is entitled to
prosecute his complaint in this case as a pauper
under existing rules.
On the other hand, the Court denies the prayer in
the Appearance and Urgent Ex-Parte Motion
requiring new summons to be served to the
defendants. The Court is of the opinion that any
infirmity in the service of the summons to the
defendant before plaintiff was allowed to
prosecute his complaint in this case as a pauper
has been cured by this Order.
If within 15 days from receipt of this Order, the
defendants do not question on appeal this Order
of this Court, the Court shall proceed to resolve
the Motion for Bill of Particulars.8
On 27 September 1994, the Cerezo spouses filed an urgent
ex-parte motion for reconsideration. The trial court denied
the motion for reconsideration.
On 14 November 1994, the trial court issued an order
directing the Cerezo spouses to file their answer within
fifteen days from receipt of the order. The Cerezo spouses
did not file an answer. On 27 January 1995, Tuazon filed a
motion to declare the Cerezo spouses in default. On 6
February 1995, the trial court issued an order declaring the
Cerezo spouses in default and authorizing Tuazon to
present his evidence. 9
On 30 May 1995, after considering Tuazons testimonial and
documentary evidence, the trial court ruled in Tuazons
favor. The trial court made no pronouncement on
Forondas liability because there was no service of
summons on him. The trial court did not hold Atty. Cerezo
liable as Tuazon failed to show that Mrs. Cerezos business
benefited the family, pursuant to Article 121(3) of the
Family Code. The trial court held Mrs. Cerezo solely liable
for the damages sustained by Tuazon arising from the
negligence of Mrs. Cerezos employee, pursuant to Article
2180 of the Civil Code. The dispositive portion of the trial
courts decision reads:
WHEREFORE, judgment is hereby rendered
ordering the defendant Hermana Cerezo to pay
the plaintiff:
a) For Actual Damages
1) Expenses for operation and medical Treatment
2) Cost of repair of the tricycle
b) For loss of earnings
c) For moral damages
d) And to pay the cost of the suit.
The docket fees and other expenses in the filing
of this suit shall be lien on whatever judgment
may be rendered in favor of the plaintiff.
SO ORDERED.10
Mrs. Cerezo received a copy of the decision on 25 June
1995. On 10 July 1995, Mrs. Cerezo filed before the trial
court a petition for relief from judgment on the grounds of
"fraud, mistake or excusable negligence." Testifying before
the trial court, both Mrs. Cerezo and Atty. Valera denied
receipt of notices of hearings and of orders of the court.
Atty. Valera added that he received no notice before or
during the 8 May 1995 elections, "when he was a senatorial
candidate for the KBL Party, and very busy, using his office
and residence as Party National Headquarters." Atty. Valera
claimed that he was able to read the decision of the trial
court only after Mrs. Cerezo sent him a copy.11 Exhibit 9-B - Third page of Exhibit 9;
Tuazon did not testify but presented documentary evidence
Exhibit 9-C - Fourth page of Exhibit 9;
to prove the participation of the Cerezo spouses in the case.
Tuazon presented the following exhibits:
Exhibit 9-D - Courts return slip addressed to Atty
Exhibit 1 - Sheriffs return and summons;
and
Exhibit 1-A - Alias summons dated April 20, 1994;
Exhibit 9-E - Courts return slip addressed to plai
Exhibit 2 - Comment with Motion;
On 4 March 1998, the trial court issued an order13 denying
the petition for relief from judgment. The trial court stated
Exhibit 3 - Minutes of the hearing held on August 1, 1994;
that having received the decision on 25 June 1995, the
Cerezo spouses should have filed a notice of appeal instead
Exhibit 3-A - Signature of defendants counsel; of resorting to a petition for relief from judgment. The trial
- P69,485.35
court refused to grant relief from judgment because the
Exhibit 4 Cerezo
- Minutes of the hearing held on August 30, spouses
1994; could have availed of the remedy of appeal.
Moreover, the Cerezo spouses not only failed to prove
fraud, accident, mistake or excusable negligence by
Exhibit 4-A - Signature of the defendants counsel;
conclusive evidence, they also failed to prove that they had
a good and substantial defense. The trial court noted that
Exhibit 5 - Appearance and Urgent Ex-Parte Motion;
the Cerezo spouses failed to appeal because they relied on
- 39,921.00 an expected settlement of the case.
Exhibit 6 - Order dated November 14, 1994;
- 43,300.00 The Cerezo spouses subsequently filed before the Court of
Appeals a petition for certiorari under Section 1 of Rule 65.
Exhibit 6-A - Postal certification dated January 13,
The1995;
petition was docketed as CA-G.R. SP No. 48132.14 The
- 20,000.00 petition questioned whether the trial court acquired
Exhibit 7 - Order dated February [illegible]; jurisdiction over the case considering there was no service
of summons on Foronda, whom the Cerezo spouses claimed
Exhibit 7-A - was
Courts return slip addressed to Atty. an indispensable
Elpidio Valera; party. In a resolution15 dated 21
January 1999, the Court of Appeals denied the petition
for certiorari and affirmed the trial courts order denying
Exhibit 7-B - Courts return slip addressed to Spouses Juan and
the petition forHermana
relief fromCerezo;
judgment. The Court of Appeals
declared that the Cerezo spouses failure to file an answer
Exhibit 8 - Decision dated May [30], 1995 was due to their own negligence, considering that they
continued to participate in the proceedings without filing
an answer. There was also nothing in the records to show
Exhibit 8-A - Courts return slip addressed to defendant Hermana Cerezo;
that the Cerezo spouses actually offered a reasonable
settlement to Tuazon. The Court of Appeals also denied
Exhibit 8-B - Courts return slip addressed to defendants counsel, motion
Cerezo spouses Atty. Elpidio Valera;
for reconsideration for lack of
merit.
Exhibit 9 - Order dated September 21, 1995;
The Cerezo spouses filed before this Court a petition for
review on certiorari under Rule 45. Atty. Cerezo himself
Exhibit 9-A - Second Page of Exhibit 9;
signed the petition, docketed as G.R. No. 137593. On 13
April 1999, this Court rendered a resolution denying the
petition for review on certiorari for failure to attach an
affidavit of service of copies of the petition to the Court of
Appeals and to the adverse parties. Even if the petition
complied with this requirement, the Court would still have
denied the petition as the Cerezo spouses failed to show
that the Court of Appeals committed a reversible error. The
Courts resolution was entered in the Book of Entries and
Judgments when it became final and executory on 28 June
1999.16
Undaunted, the Cerezo spouses filed before the Court of
Appeals on 6 July 1999 a petition for annulment of
judgment under Rule 47 with prayer for restraining order.
Atty. Valera and Atty. Dionisio S. Daga ("Atty. Daga")
represented Mrs. Cerezo in the petition, docketed as CA-
G.R. SP No. 53572.17 The petition prayed for the annulment
of the 30 May 1995 decision of the trial court and for the
issuance of a writ of preliminary injunction enjoining
execution of the trial courts decision pending resolution of
the petition.
The Court of Appeals denied the petition for annulment of
judgment in a resolution dated 21 October 1999. The
resolution reads in part:
In this case, records show that the petitioner
previously filed with the lower court a Petition for
Relief from Judgment on the ground that they
were wrongfully declared in default while waiting
for an amicable settlement of the complaint for
damages. The court a quo correctly ruled that
such petition is without merit. The defendant
spouses admit that during the initial hearing they
appeared before the court and even mentioned
the need for an amicable settlement. Thus, the
lower court acquired jurisdiction over the
defendant spouses.
Therefore, petitioner having availed of a petition
for relief, the remedy of an annulment of
judgment is no longer available. The proper
action for the petitioner is to appeal the order of
the lower court denying the petition for relief.
Wherefore, the instant petition could not be
given due course and should accordingly be
dismissed.
SO ORDERED.18
On 20 January 2000, the Court of Appeals denied the Cerezo
spouses motion for reconsideration.19 The Court of
Appeals stated:
A distinction should be made between a courts
jurisdiction over a person and its jurisdiction over
the subject matter of a case. The former is
acquired by the proper service of summons or by
the parties voluntary appearance; while the
latter is conferred by law.
Resolving the matter of jurisdiction over the
subject matter, Section 19(1) of B[atas]
P[ambansa] 129 provides that Regional Trial
Courts shall exercise exclusive original jurisdiction
in all civil actions in which the subject of the
litigation is incapable of pecuniary estimation.
Thus it was proper for the lower court to decide
the instant case for damages.
Unlike jurisdiction over the subject matter of a
case which is absolute and conferred by law; any
defects [sic] in the acquisition of jurisdiction over
a person (i.e., improper filing of civil complaint or
improper service of summons) may be waived by
the voluntary appearance of parties.
The lower court admits the fact that no summons
was served on defendant Foronda. Thus,
jurisdiction over the person of defendant Foronda
was not acquired, for which reason he was not
held liable in this case. However, it has been
proven that jurisdiction over the other
defendants was validly acquired by the court a
quo.
The defendant spouses admit to having appeared
in the initial hearings and in the hearing for
plaintiffs motion to litigate as a pauper. They
even mentioned conferences where attempts
were made to reach an amicable settlement with
plaintiff. However, the possibility of amicable
settlement is not a good and substantial defense
which will warrant the granting of said petition.
xxx
Assuming arguendo that private respondent
failed to reserve his right to institute a separate
action for damages in the criminal action, the
petitioner cannot now raise such issue and
question the lower courts jurisdiction because
petitioner and her husband have waived such
right by voluntarily appearing in the civil case for
damages. Therefore, the findings and the decision
of the lower court may bind them.
Records show that the petitioner previously filed
with the lower court a Petition for Relief from
Judgment on the ground that they were
wrongfully declared in default while waiting for
an amicable settlement of the complaint for
damages. The court a quo correctly ruled that
such petition is without merit, jurisdiction having
been acquired by the voluntary appearance of
defendant spouses.
Once again, it bears stressing that having availed
of a petition for relief, the remedy of annulment
of judgment is no longer available.
Based on the foregoing, the motion for
reconsideration could not be given due course
and is hereby DENIED.
SO ORDERED.20
The Issues
On 7 February 2000, Mrs. Cerezo, this time with Atty. Daga
alone representing her, filed the present petition for review
on certiorari before this Court. Mrs. Cerezo claims that:
1. In dismissing the Petition for Annulment of
Judgment, the Court of Appeals assumes that the
issues raised in the petition for annulment is
based on extrinsic fraud related to the denied
petition for relief notwithstanding that the
grounds relied upon involves questions of lack of
jurisdiction.
2. In dismissing the Petition for Annulment, the
Court of Appeals disregarded the allegation that
the lower court[s] findings of negligence against
defendant-driver Danilo Foronda [whom] the
 lower court did not summon is null and void for
want of due process and consequently, such
findings of negligence which is [sic] null and void
cannot become the basis of the lower court to
adjudge petitioner-employer liable for civil
damages.
3. In dismissing the Petition for Annulment, the
Court of Appeals ignored the allegation that
defendant-driver Danilo A. Foronda whose
negligence is the main issue is an indispensable
party whose presence is compulsory but [whom]
the lower court did not summon.
4. In dismissing the Petition for Annulment, the
Court of Appeals ruled that assuming arguendo
that private respondent failed to reserve his right
to institute a separate action for damages in the
criminal action, the petitioner cannot now raise
such issue and question the lower courts
jurisdiction because petitioner [has] waived such
right by voluntarily appearing in the civil case for
damages notwithstanding that lack of jurisdiction
cannot be waived.21
The Courts Ruling
The petition has no merit. As the issues are interrelated, we
shall discuss them jointly.
Remedies Available to a Party Declared in Default
An examination of the records of the entire proceedings
shows that three lawyers filed and signed pleadings on
behalf of Mrs. Cerezo, namely, Atty. Daga, Atty. Valera, and
Atty. Cerezo. Despite their number, Mrs. Cerezos counsels
failed to avail of the proper remedies. It is either by sheer
ignorance or by malicious manipulation of legal
technicalities that they have managed to delay the
disposition of the present case, to the detriment of pauper
litigant Tuazon.
Mrs. Cerezo claims she did not receive any copy of the order
declaring the Cerezo spouses in default. Mrs. Cerezo asserts
that she only came to know of the default order on 25 June
1995, when she received a copy of the decision. On 10 July
1995, Mrs. Cerezo filed before the trial court a petition for
relief from judgment under Rule 38, alleging "fraud,
mistake, or excusable negligence" as grounds. On 4 March
1998, the trial court denied Mrs. Cerezos petition for relief
from judgment. The trial court stated that Mrs. Cerezo
could have availed of appeal as a remedy and that she failed
to prove that the judgment was entered through fraud,
accident, mistake, or excusable negligence. Mrs. Cerezo
then filed before the Court of Appeals a petition
for certiorari under Section 1 of Rule 65 assailing the denial
of the petition for relief from judgment. On 21 January
1999, the Court of Appeals dismissed Mrs. Cerezos
petition. On 24 February 1999, the appellate court denied
Mrs. Cerezos motion for reconsideration. On 11 March
1999, Mrs. Cerezo filed before this Court a petition for
review on certiorari under Rule 45, questioning the denial
of the petition for relief from judgment. We denied the
petition and our resolution became final and executory on
28 June 1999.
On 6 July 1999, a mere eight days after our resolution
became final and executory, Mrs. Cerezo filed before the
Court of Appeals a petition for annulment of the judgment
of the trial court under Rule 47. Meanwhile, on 25 August
1999, the trial court issued over the objection of Mrs.
Cerezo an order of execution of the judgment in Civil Case
No. 7415. On 21 October 1999, the Court of Appeals
dismissed the petition for annulment of judgment. On 20
January 2000, the Court of Appeals denied Mrs. Cerezos
motion for reconsideration. On 7 February 2000, Mrs.
Cerezo filed the present petition for review on certiorari
under Rule 45 challenging the dismissal of her petition for
annulment of judgment.
Lina v. Court of Appeals22 enumerates the remedies
available to a party declared in default:
a) The defendant in default may, at any time after
discovery thereof and before judgment, file
a motion under oath to set aside the order of
default on the ground that his failure to answer
was due to fraud, accident, mistake or excusable
negligence, and that he has a meritorious defense
(Sec. 3, Rule 18 [now Sec. 3(b), Rule 9]);
b) If the judgment has already been rendered
when the defendant discovered the default, but
before the same has become final and executory,
he may file a motion for new trial under Section
1 (a) of Rule 37;
c) If the defendant discovered the default after
the judgment has become final and executory, he
may file a petition for relief under Section 2 [now
Section 1] of Rule 38; and
d) He may also appeal from the judgment
rendered against him as contrary to the evidence
or to the law, even if no petition to set aside the
order of default has been presented by him (Sec.
2, Rule 41). (Emphasis added)
Moreover, a petition for certiorari to declare the nullity of a
judgment by default is also available if the trial court
improperly declared a party in default, or even if the trial
court properly declared a party in default, if grave abuse of
discretion attended such declaration.23
Mrs. Cerezo admitted that she received a copy of the trial
courts decision on 25 June 1995. Based on this admission,
Mrs. Cerezo had at least three remedies at her disposal: an
appeal, a motion for new trial, or a petition for certiorari.
Mrs. Cerezo could have appealed under Rule 4124 from the
default judgment within 15 days from notice of the
judgment. She could have availed of the power of the Court
of Appeals to try cases and conduct hearings, receive
evidence, and perform all acts necessary to resolve factual
issues raised in cases falling within its appellate
jurisdiction.25
Mrs. Cerezo also had the option to file under Rule 3726 a
motion for new trial within the period for taking an appeal.
If the trial court grants a new trial, the original judgment is
vacated, and the action will stand for trial de novo. The
recorded evidence taken in the former trial, as far as the
same is material and competent to establish the issues,
shall be used at the new trial without retaking the same.27
Mrs. Cerezo also had the alternative of filing under Rule
6528 a petition for certiorari assailing the order of default
within 60 days from notice of the judgment. An order of
default is interlocutory, and an aggrieved party may file an
appropriate special civil action under Rule 65.29 In a petition
for certiorari, the appellate court may declare void both the
order of default and the judgment of default.
Clearly, Mrs. Cerezo had every opportunity to avail of these
remedies within the reglementary periods provided under
the Rules of Court. However, Mrs. Cerezo opted to file a
petition for relief from judgment, which is available only in
exceptional cases. A petition for relief from judgment
should be filed within the reglementary period of 60 days
from knowledge of judgment and six months from entry of
judgment, pursuant to
Rule 38 of the Rules of Civil Procedure.30 Tuason v. Court of
Appeals31 explained the nature of a petition for relief from
judgment:
When a party has another remedy available to
him, which may either be a motion for new trial
or appeal from an adverse decision of the trial
court, and he was not prevented by fraud,
accident, mistake or excusable negligence from
filing such motion or taking such appeal, he
cannot avail himself of this petition. Indeed, relief
will not be granted to a party who seeks
avoidance from the effects of the judgment when
the loss of the remedy at law was due to his own
negligence; otherwise the petition for relief can
be used to revive the right to appeal which has
been lost thru inexcusable negligence.
Evidently, there was no fraud, accident, mistake, or
excusable negligence that prevented Mrs. Cerezo from
filing an appeal, a motion for new trial or a petition
for certiorari. It was error for her to avail of a petition for
relief from judgment.
After our resolution denying Mrs. Cerezos petition for relief
became final and executory, Mrs. Cerezo, in her last ditch
attempt to evade liability, filed before the Court of Appeals
a petition for annulment of the judgment of the trial court.
Annulment is available only on the grounds of extrinsic
fraud and lack of jurisdiction. If based on extrinsic fraud, a
party must file the petition within four years from its
discovery, and if based on lack of jurisdiction, before laches
or estoppel bars the petition. Extrinsic fraud is not a valid
ground if such fraud was used as a ground, or could have
been used as a ground, in a motion for new trial or petition
for relief from judgment.32
Mrs. Cerezo insists that lack of jurisdiction, not extrinsic
fraud, was her ground for filing the petition for annulment
of judgment. However, a party may avail of the remedy of
annulment of judgment under Rule 47 only if the ordinary
remedies of new trial, appeal, petition for relief from
judgment, or other appropriate remedies are no longer
available through no fault of the party.33 Mrs. Cerezo could
have availed of a new trial or appeal but through her own
fault she erroneously availed of the remedy of a petition for
relief, which was denied with finality. Thus, Mrs. Cerezo
may no longer avail of the remedy of annulment.
In any event, the trial court clearly acquired jurisdiction
over Mrs. Cerezos person. Mrs. Cerezo actively
participated in the proceedings before the trial court,
submitting herself to the jurisdiction of the trial court. The
defense of lack of jurisdiction fails in light of her active
participation in the trial court proceedings. Estoppel or
laches may also bar lack of jurisdiction as a ground for
nullity especially if raised for the first time on appeal by a
party who participated in the proceedings before the trial
court, as what happened in this case.34
For these reasons, the present petition should be dismissed
for utter lack of merit. The extraordinary action to annul a
final judgment is restricted to the grounds specified in the
rules. The reason for the restriction is to prevent this
extraordinary action from being used by a losing party to
make a complete farce of a duly promulgated decision that
has long become final and executory. There would be no
end to litigation if parties who have unsuccessfully availed
of any of the appropriate remedies or lost them through
their fault could still bring an action for annulment of
judgment.35 Nevertheless, we shall discuss the issues raised
in the present petition to clear any doubt about the
correctness of the decision of the trial court.
Mrs. Cerezos Liability and the Trial Courts Acquisition of
Jurisdiction
Mrs. Cerezo contends that the basis of the present petition
for annulment is lack of jurisdiction. Mrs. Cerezo asserts
that the trial court could not validly render judgment since
it failed to acquire jurisdiction over Foronda. Mrs. Cerezo
points out that there was no service of summons on
Foronda. Moreover, Tuazon failed to reserve his right to
institute a separate civil action for damages in the criminal
action. Such contention betrays a faulty foundation. Mrs.
Cerezos contention proceeds from the point of view of
criminal law and not of civil law, while the basis of the
present action of Tuazon is quasi-delict under the Civil
Code, not delict under the Revised Penal Code.
The same negligent act may produce civil liability arising
from a delict under Article 103 of the Revised Penal Code,
or may give rise to an action for a quasi-delict under Article
2180 of the Civil Code. An aggrieved party may choose
between the two remedies. An action based on a quasi-
delict may proceed independently from the criminal
action.36 There is, however, a distinction between civil
liability arising from a delict and civil liability arising from a
quasi-delict. The choice of remedy, whether to sue for a
delict or a quasi-delict, affects the procedural and
jurisdictional issues of the action.37
Tuazon chose to file an action for damages based on a
quasi-delict. In his complaint, Tuazon alleged that Mrs.
Cerezo, "without exercising due care and diligence in the
supervision and management of her employees and buses,"
hired Foronda as her driver. Tuazon became disabled
because of Forondas "recklessness, gross negligence and
imprudence," aggravated by Mrs. Cerezos "lack of due care
and diligence in the selection and supervision of her
employees, particularly Foronda."38
The trial court thus found Mrs. Cerezo liable under Article
2180 of the Civil Code. Article 2180 states in part:
Employers shall be liable for the damages caused
by their employees and household helpers acting
within the scope of their assigned tasks, even
though the former are not engaged in any
business or industry.
Contrary to Mrs. Cerezos assertion, Foronda is not an
indispensable party to the case. An indispensable party is
one whose interest is affected by the courts action in the
litigation, and without whom no final resolution of the case
is possible.39 However, Mrs. Cerezos liability as an
employer in an action for a quasi-delict is not only solidary,
it is also primary and direct. Foronda is not an indispensable
party to the final resolution of Tuazons action for damages
against Mrs. Cerezo.
The responsibility of two or more persons who are liable for
a quasi-delict is solidary.40 Where there is a solidary
obligation on the part of debtors, as in this case, each
debtor is liable for the entire obligation. Hence, each debtor
is liable to pay for the entire obligation in full. There is no
merger or renunciation of rights, but only mutual
representation.41 Where the obligation of the parties is
solidary, either of the parties is indispensable, and the other
is not even a necessary party because complete relief is
available from either.42 Therefore, jurisdiction over
Foronda is not even necessary as Tuazon may collect
damages from Mrs. Cerezo alone.
Moreover, an employers liability based on a quasi-delict is
primary and direct, while the employers liability based on
a delict is merely subsidiary.43 The words "primary and
direct," as contrasted with "subsidiary," refer to the remedy
provided by law for enforcing the obligation rather than to
the character and limits of the obligation.44Although
liability under Article 2180 originates from the negligent act
of the employee, the aggrieved party may sue the employer
directly. When an employee causes damage, the law
presumes that the employer has himself committed an act
of negligence in not preventing or avoiding the damage.
This is the fault that the law condemns. While the employer
is civilly liable in a subsidiary capacity for the employees
criminal negligence, the employer is also civilly liable
directly and separately for his own civil negligence in failing
to exercise due diligence in selecting and supervising his
employee. The idea that the employers liability is solely
subsidiary is wrong.45
The action can be brought directly against the
person responsible (for another), without
including the author of the act. The action against
the principal is accessory in the sense that it
implies the existence of a prejudicial act
committed by the employee, but it is not
subsidiary in the sense that it can not be
instituted till after the judgment against the
author of the act or at least, that it is subsidiary to
the principal action; the action for responsibility
(of the employer) is in itself a principal action.46
Thus, there is no need in this case for the trial court to
acquire jurisdiction over Foronda. The trial courts
acquisition of jurisdiction over Mrs. Cerezo is sufficient to
dispose of the present case on the merits.
In contrast, an action based on a delict seeks to enforce the
subsidiary liability of the employer for the criminal
negligence of the employee as provided in Article 103 of the
Revised Penal Code. To hold the employer liable in a
subsidiary capacity under a delict, the aggrieved party must
initiate a criminal action where the employees delict and
corresponding primary liability are established.47 If the have endeavored to shorten and facilitate the
present action proceeds from a delict, then the trial courts pathways of right and justice.50
jurisdiction over Foronda is necessary. However, the
present action is clearly for the quasi-delict of Mrs. Cerezo Interest at the rate of 6% per annum is due on the amount
and not for the delict of Foronda. of damages adjudged by the trial court.51 The 6% per
annum interest shall commence from 30 May 1995, the
The Cerezo spouses contention that summons be served date of the decision of the trial court. Upon finality of this
anew on them is untenable in light of their participation in decision, interest at 12% per annum, in lieu of 6% per
the trial court proceedings. To uphold the Cerezo spouses annum, is due on the amount of damages adjudged by the
contention would make a fetish of a trial court until full payment.
technicality.48Moreover, any irregularity in the service of
summons that might have vitiated the trial courts WHEREFORE, we DENY the instant petition for review. The
jurisdiction over the persons of the Cerezo spouses was Resolution dated 21 October 1999 of the Court of Appeals
deemed waived when the Cerezo spouses filed a petition in CA-G.R. SP No. 53572, as well as its Resolution dated 20
for relief from judgment.49 January 2000 denying the motion for reconsideration,
is AFFIRMED with the MODIFICATION that the amount due
We hold that the trial court had jurisdiction and was shall earn legal interest at 6% per annum computed from 30
competent to decide the case in favor of Tuazon and against May 1995, the date of the trial courts decision. Upon
Mrs. Cerezo even in the absence of Foronda. Contrary to finality of this decision, the amount due shall earn interest
Mrs. Cerezos contention, Foronda is not an indispensable at 12% per annum, in lieu of 6% per annum, until full
party to the present case. It is not even necessary for payment.
Tuazon to reserve the filing of a separate civil action
because he opted to file a civil action for damages against SO ORDERED.
Mrs. Cerezo who is primarily and directly liable for her own
civil negligence. The words of Justice Jorge Bocobo
in Barredo v. Garcia still hold true today as much as it did in
1942:
x x x [T]o hold that there is only one way to make
defendants liability effective, and that is, to sue
the driver and exhaust his (the latters) property
first, would be tantamount to compelling the
plaintiff to follow a devious and cumbersome
method of obtaining relief. True, there is such a
remedy under our laws, but there is also a more
expeditious way, which is based on the primary
and direct responsibility of the defendant under
article [2180] of the Civil Code. Our view of the
law is more likely to facilitate remedy for civil
wrongs, because the procedure indicated by the
defendant is wasteful and productive of delay, it
being a matter of common knowledge that
professional drivers of taxis and other similar
public conveyances do not have sufficient means
with which to pay damages. Why, then, should
the plaintiff be required in all cases to go through
this roundabout, unnecessary, and probably
useless procedure? In construing the laws, courts
G.R. No. 151325 June 27, 2005
D' ARMOURED SECURITY AND INVESTIGATION AGENCY,
INC., petitioner,
vs.
ARNULFO ORPIA, LODUVICO ABUCEJO, ROWEL AGURO,
EFREN ALMOETE, ROMEO AMISTA, WARLITO BALAGOSA,
ROMEO BALINGBING, RAMON BARROA, MONTECLARO
BATAWIL, ARNEL BON, RICARDO CAPENTES, DANILO
DADA, JOEL DELA CRUZ, HERNANO DELOS REYES,
FLORENTINO DELOS TRINO, ROGELIO DUERME, NONITO
ESTRELLADO, JOSEPH FALCESO, ISIDRO FLORES, VICTOR
GUNGON, SONNY JULBA, PATRICIO LACANA, JR., FELIX
LASCONA, JUANITO LUNA, RAUL LUZADAS, ROMMEL
MAGBANUA, ROGELIO MARIBUNG, NICOLAS MENDOZA,
EZVENER OGANA, RICKY ORANO, REYNALDO OZARAGA,
SAMUEL PADILLA, EDWIN PARRENO, IRENEO PARTOLAN,
JUAN PIGTUAN, GUILLERMO PUSING, RODEL SIBAL,
SILVESTRE SOLEDAD, JOVENAR TEVER, VIRGILIO TIMAJO,
ERMILIO TOMARONG, JR., VIRGILIO VERDEFLOR and
JOEREX VICTORINO, respondents.
DECISION
SANDOVAL-GUTIERREZ, J.:
For resolution is a petition for review on certiorari under
Rule 45 of the 1997 Rules of Civil Procedure, as amended,
assailing the Decision1 dated December 18, 2001 rendered
by the Court of Appeals in CA-G.R. SP No. 61799, entitled
"DArmoured Security and Investigation Agency, Inc. vs.
National Labor Relations Commission, Arbiter Ariel C.
Santos, NLRC Sheriff Ricardo Perona, Arnulfo Orpia,
Ludovico Abucejo, Rowel Aguro, Efren Almoete, Romeo
Amista, Warlito Balgosa, Romeo Balingbing, Ramon Barroa,
Monteclaro Batawil, Arnel Bon, Ricardo Capentes, Danilo
Dada, Joel dela Cruz, Hernando delos Reyes, Florentino
delos Trino, Rogelio Duerme, Nonito Estrellado, Joseph
Falceso, Isidro Flores, Victor Gungon, Sonny Julba, Patricio
Lacana, Jr., Felix Lascona, Juanito Luna, Raul Lozadas,
Rommel Magbanua, Rogelio Maribung, Nicolas Mendoza,
Ezvener Ogana, Ricky Orano, Reynaldo Ozaraga, Samuel
Padilla, Edwin Parreno, Ireneo Partolan, Juan Pigtuan,
Guillermo Pusing, Rodel Sibal, Silvestre Soledad, Jovener
Tever, Virgilio Timajo, Emilio Tomarong, Jr., Virgilio
Verdeflor and Joerex Victorino."
On February 9, 1995, the above-named respondents, who
were employed as security guards by DArmoured Security
and Investigation Agency, Inc., petitioner, and assigned to
Fortune Tobacco, Inc. (Fortune Tobacco), filed with the
Labor Arbiter a complaint for illegal dismissal and various
monetary claims against petitioner and Fortune Tobacco,
docketed as NLRC-NCR Case No. 00-02-01148-95.
On June 11, 1998, the Labor Arbiter rendered a Decision,
the dispositive portion of which reads:
"WHEREFORE, premises considered, all the respondents
except Antonio Cabangon Chua are jointly and severally
liable to pay complainants the total sum of ONE MILLION
SEVENTY SEVEN THOUSAND ONE HUNDRED TWENTY FOUR
AND TWENTY NINE CENTAVOS (P1,077,124.29) for
underpayment, overtime pay, legal holiday pay, service
incentive leave pay, 13th month pay, illegal deduction and
refund of firearms bond, as indicated in Annex A.
Finally, ten (10%) percent of all sums owing to complainants
is hereby awarded as attorneys fees.
SO ORDERED."
From the said Decision, Fortune Tobacco interposed an
appeal to the National Labor Relations Commission (NLRC).
Petitioner did not appeal. On March 26, 1999, the NLRC
rendered its Decision affirming with modification the
assailed Arbiters Decision in the sense that the complaint
against Fortune Tobacco was dismissed. This Decision
became final and executory. Thus, the award specified in
the Decision of the Arbiter became the sole liability of
petitioner.
The records were then remanded to the Arbiter for
execution.
Upon respondents motion, the Arbiter issued a writ of
execution. Eventually, the sheriff served a writ of
garnishment upon the Chief Accountant of Foremost Farms,
Inc., a corporation with whom petitioner has an existing
services agreement. Thus, petitioners receivables with
Foremost were garnished.
Petitioner filed with the NLRC a "Motion to Quash/Recall
Writ of Execution and Garnishment" which was opposed by
respondents.
On March 10, 2000, the Arbiter issued an Order denying the
motion and directing the sheriff to release the garnished
sum of money to respondents pro rata.
Petitioners motion for reconsideration was denied, hence,
it interposed an appeal to the NLRC.
In a Resolution dated July 27, 2000, the NLRC dismissed the
appeal for petitioners failure to post a bond within the
reglementary period. Its motion for reconsideration was
denied in a Resolution dated September 25, 2000.
Forthwith, petitioner filed with the Court of Appeals a
petition for certiorari and prohibition with prayer for
issuance of a writ of preliminary injunction.
In a Decision dated December 18, 2001, the Court of
Appeals dismissed the petition.
Hence, this petition for review on certiorari.
In this petition, the issue posed is whether the Court of
Appeals erred in holding that petitioners monthly
receivables from the Foremost Farms, Inc. (garnishee) are
not exempt from execution.
The petition lacks merit. We have ruled that an order of
execution of a final and executory judgment, as in this
case, is not appealable, otherwise, there would be no end
to litigation.2 On this ground alone, the instant petition is
dismissible.
Assuming that an appeal is proper, still we have to deny the
instant petition. Section 1, Rule IV of the NLRC Manual on
Execution of Judgment provides:
"Rule IV
EXECUTION
SECTION 1. Properties exempt from execution. Only the
properties of the losing party shall be the subject of
execution, except:
(a) The losing partys family home constituted in
accordance with the Civil Code or Family Code or
as may be provided for by law or in the absence
thereof, the homestead in which he resides, and
 land necessarily used in connection therewith,
subject to the limits fixed by law;
(b) His necessary clothing, and that of his family;
(c) Household furniture and utensils necessary for
housekeeping, and used for that purpose by the
losing party such as he may select, of a value not
exceeding the amount fixed by law;
(d) Provisions for individual or family use
sufficient for three (3) months;
(e) The professional libraries of attorneys, judges,
physicians, pharmacists, dentists, engineers,
surveyors, clergymen, teachers, and other
professionals, not exceeding the amount fixed by
law;
SECTION 13. Property exempt from execution. Except as
otherwise expressly provided by law, the following
property, and no other, shall be exempt from execution:
xxxxxxxxx
(i) So much of the salaries, wages or earnings of the
judgment obligor for his personal services within the four
months preceding the levy as are necessary for the support
of his family.
The exemption under this procedural rule should be read in
conjunction with the Civil Code, the substantive law which
proscribes the execution of employees wages, thus:
ART. 1708. The laborers wage shall not be subject to
execution or attachment, except for debts incurred for
food, shelter, clothing and medical attendance.
available only to a natural person, such as a dentists dental
chair and electric fan (Belen v. de Leon, G.R. No. L-15612, 30
Nov. 1962). As pointed out by the Solicitor General, if
properties used in business are exempt from execution,
there can hardly be an instance when a judgment claim can
be enforced against the business entity [Pentagon Security
and Investigation Agency vs. Jimenez, 192 SCRA 492 (1990)].
It stands to reason that only natural persons whose salaries,
wages and earnings are indispensable for his own and that
of his familys support are exempted under Section 13 (i) of
Rule 39 of the Rules of Court. Undeniably, a corporate entity
such as petitioner security agency is not covered by the
exemption.
WHEREFORE, the petition is hereby DISMISSED.
SO ORDERED."

(f) So much of the earnings of the losing party for
his personal services within the month preceding
the levy as are necessary for the support of his
family;
(g) All monies, benefits, privileges, or annuities
accruing or in any manner growing out of any life
insurance;
(h) Tools and instruments necessarily used by him
in his trade or employment of a value not
exceeding three thousand (P3,000.00) pesos;
(i) Other properties especially exempted by law."
The above Rule clearly enumerates what properties are
exempt from execution. It is apparent that the exemption
pertains only to natural persons and not to juridical entities.
On this point, the Court of Appeals correctly ruled that
petitioner, being a corporate entity, does not fall within the
exemption, thus:
"We cannot accede to petitioners position that the
garnished amount is exempt from execution.
Section 13 of Rule 39 of the Rules of Court is plain and clear
on what properties are exempt from execution. Section 13
(i) of the Rules pertinently reads:
Obviously, the exemption under Rule 39 of the Rules of WHEREFORE, the petition is DENIED. The assailed Decision
Court and Article 1708 of the New Civil Code is meant to dated December 18, 2001 of the Court of Appeals in CA-G.R.
favor only laboring men or women whose works are SP No. 61799 is AFFIRMED IN TOTO. Costs against
manual. Persons belonging to this class usually look to the petitioner.
reward of a days labor for immediate or present support,
and such persons are more in need of the exemption than SO ORDERED.
any other [Gaa vs. Court of Appeals, 140 SCRA 304 (1985)].
In this context, exemptions under this rule are confined only
to natural persons and not to juridical entities such as
petitioner. Thus, the rule speaks of salaries, wages and
earning from the personal services rendered by the
judgment obligor. The rule further requires that such
earnings be intended for the support of the judgment
debtors family.
Necessarily, petitioner which is a corporate entity, does not
fall under the exemption. If at all, the exemption refers to
petitioners individual employees and not to petitioner as a
corporation.
x x x. Parenthetically, in a parallel case where a security
agency claimed that the guns it gives to its guards are tools
and implements exempt from execution, the Supreme
Court had the occasion to rule that the exemption pertains
only to natural and not to juridical persons, thus:
However, it would appear that the exemption
contemplated by the provision involved is personal,
G.R. No. 166495 February 16, 2011
ROQUE C. FACURA and EDUARDO F. TUASON, Petitioners,
vs.
COURT OF APPEALS, RODOLFO S. DE JESUS and EDELWINA
DG. PARUNGAO, Respondents.
x - - - - - - - - - - - - - - - - - - - - - - -x
G.R. No. 184129
RODOLFO S. DE JESUS, Petitioner,
vs.
OFFICE OF THE OMBUDSMAN, EDUARDO F. TUASON,
LOCAL WATER UTILITIES ADMINISTRATION (LWUA),
represented by its new Administrator Orlando C.
Hondrade, Respondents.
x - - - - - - - - - - - - - - - - - - - - - - -x
G.R. No. 184263
OFFICE OF THE OMBUDSMAN, Petitioner,
vs.
EDELWINA DG. PARUNGAO, and the HONORABLE COURT
OF APPEALS (Former 7th Division), Respondents.
DECISION
MENDOZA, J.:
For resolution before this Court are the following:
G.R. No. 166495 is a petition for certiorari filed by Roque
Facura (Facura) and Eduardo Tuason (Tuason) assailing the
Resolutions1 dated September 22, 2004 and January 4,
2005 of the Court of Appeals (CA) in CA-G.R. SP No. 84902,
which granted the applications for preliminary mandatory
injunction filed by Atty. Rodolfo De Jesus (De Jesus) and
Atty. Edelwina Parungao (Parungao) by ordering their
reinstatement to their former positions despite the
standing order of dismissal issued by the Office of the
Ombudsman (Ombudsman) against them.
G.R. No. 184129 is an appeal, by way of Petition for Review
on Certiorari under Rule 45 of the Rules of Court, filed by
De Jesus, from the Decision2 dated May 26, 2005 and
Resolution3 dated August 6, 2008 of the CA, in CA-G.R. SP
No. 84902, which affirmed the Review and
Recommendation4 dated January 26, 2004 and
Order5 dated April 20, 2004 issued by the Ombudsman in
OMB-C-A-02-0496-J, which dismissed De Jesus from the
government service with prejudice to re-entry thereto.
G.R. 184263 is another appeal, by way of Petition for
Review on Certiorari under Rule 45 of the Rules of Court,
filed by the Ombudsman, from the Decision dated May 26,
2005 and Resolution dated August 6, 2008 of the CA, in CA-
G.R. SP No. 84902, for ordering the reinstatement of
Parungao as Manager of the Human Resources
Management Department (HRMD) of the Local Water
Utilities Administration (LWUA), thereby modifying the
Review and Recommendation6 dated January 26, 2004 and
Order7 dated April 20, 2004, issued by the Ombudsman in
OMB-C-A-02-0496-J, which dismissed Parungao from the
government service with prejudice to re-entry thereto.
These consolidated cases arose from a Joint Complaint-
Affidavit filed with the Ombudsman by Facura and Tuason
against De Jesus and Parungao for violation of Republic
Act (R.A.) No. 3019 (the Anti-Graft and Corrupt Practices
Act), dishonesty, gross neglect of duty, grave misconduct,
falsification of official documents, being notoriously
undesirable, and conduct prejudicial to the best interest of
the service.
The Facts
The LWUA is a government-owned and controlled
corporation chartered under Presidential Decree (P.D) No.
198, as amended. De Jesus was the Deputy Administrator
for Administrative Services of LWUA, while Parungao was
its HRMD Manager for Administrative Services.
De Jesus was dismissed from the service per LWUA Board
Resolution No. 0618 dated March 28, 2001. Through Board
Resolution No. 069 dated April 17, 2001, the Board denied
his motion for reconsideration and prohibited De Jesus
from acting on any matter as head of Administrative
Services. On April 18, 2001, De Jesus appealed to the Civil
Service Commission (CSC) to nullify Board Resolution Nos.
061 and 069.
On August 20, 2001, pending resolution of his petition with
the CSC, De Jesus filed a petition for reinstatement with a
newly-reconstituted LWUA Board, which granted it on
September 4, 2001 through Board Resolution No. 172.9De
Jesus then withdrew his petition with the CSC on
September 5, 2001.
Under the CSC Accreditation Program, particularly under
CSC Resolution No. 96770110 dated December 3, 1996,
LWUA has been granted the authority to take final action
on appointment papers effective January 1, 1997. Under
LWUA Officer Order No. 205.0111 dated September 25,
2001, LWUA Administrator Lorenzo Jamora (Administrator
Jamora) granted De Jesus the authority to sign/approve and
issue appointment papers of appointees to vacant plantilla
positions in LWUA which have been previously cleared or
approved in writing by the Administrator or the Board of
Trustees.
Prior to the grant of authority to De Jesus to sign
appointment papers, in a letter12 dated August 27, 2001
signed by Administrator Jamora, LWUA requested the
Department of Budget and Management (DBM) for
authority to hire confidential staff for the LWUA Board of
Trustees. The request was to seek exemption for LWUA
from Administrative Order No. 5 which prohibited the hiring
of new personnel in order to generate savings.
While awaiting the reply of DBM on his request, Jamora, in
an inter-office memorandum13 dated October 23, 2001,
directed the Office of Administrative Services (OAS),
headed by De Jesus, and the Investment and Financial
Services, to process the payment of the salaries and
allowances of his two (2) newly appointed confidential staff
who reported to him effective October 10, 2001. Upon
receipt of the said inter-office memorandum, the OAS
forwarded it to the HRMD headed by Parungao for
appropriate action.
On December 11, 2001, LWUA received a reply letter14 from
DBM granting the request to fill positions for the LWUA
Boards confidential staff. On the same day, on the strength
of said letter of approval, LWUA board members issued
their respective inter-office memoranda15 and
letter16 containing the retroactive appointments of their
confidential staff, as follows: Board Chairman Francisco
Dumpit appointed Michael M. Raval and Ma. Geraldine
Rose D. Buenaflor effective August 20, 2001; Trustee Bayani
Dato, Sr. appointed Albino G. Valenciano, Jr. effective
August 20, 2001; and Trustee Solomon Badoy appointed
Kristina Joy T. Badoy and Noelle Stephanie R. Badoy
effective June 19, 2001. On December 18, 2001, Trustee
Normando Toledo also issued an inter-office
memorandum17 appointing, effective August 20, 2001,
Marc Anthony S. Verzosa and Ma. Lourdes M. Manaloto.
These inter-office memoranda and letter directed De Jesus
to prepare their appointment papers. They bore the written
concurrence of Administrator Jamora as agency head and
mandated appointing authority of LWUA employees under
the LWUA charter. Upon his receipt of the aforesaid inter-
office memoranda and letter, De Jesus forwarded them to
the HRMD for the preparation and processing of the
corresponding appointment papers.
As HRMD head, Parungao forwarded the said documents to
the Personnel Division to have them transformed into
formal appointment papers, otherwise known as CSC
Standard Form No. 33. The encoded standard forms
indicated the names and positions of the confidential staff
and the dates of signing and issuance of the appointments,
which were the retroactive effectivity dates appearing in
the inter-office memoranda and letter issued by the Board
member. The concerned HRMD staff and Parungao affixed
their initials below the printed name of De Jesus who, in
turn, signed the formal appointment papers as
respresentative of the appointing authority. The nine (9)
appointment papers18 bore Serial Nos. 168207, 168210,
168213, 168214, 168215, 168216, 168217, 168287, and
168288.
In Office Order No. 286.01 dated December 13, 2001 and
Office Order No. 001.02 dated December 20, 2001 issued
by De Jesus and Parungao, it was stated therein that the
following nine (9) personnel were appointed retroactively
to the dates indicated below:
Ma. Geraldine Rose D. Buenaflor - August 20,
2001
Michael M. Raval - August 20, 2001
Albino G. Valenciano, Jr. - August 20, 2001
Noelle Stephanie R. Badoy - June 19, 2001
Kristina Joy T. Badoy - June 19, 2001
Jesusito R. Toren - October 15, 2001
Ma. Susan G. Facto - October 10, 2001
Ma. Lourdes M. Manaloto - August 20, 2001
Marc Anthony S. Versoza - August 20, 2001
On December 20, 2001, Administrator Jamora issued an
inter-office memorandum19 to the accounting department
on the matter of payment of back salaries of the said
confidential staff, stating therein that as approved by the
DBM in its letter, the hiring of such personnel was
authorized retroactive to their employment date, thus,
ordering the immediate payment of their back salaries and
other remunerations. On the same day, a LWUA
disbursement voucher20 was prepared and processed by
the Accounting Department, and Administrator Jamora
thereafter approved the release of a Land Bank check
amounting to P624,570.00 as part of the cash advance
amounting to P692,657.31, for the payment of the back
salaries.
The appointments of the subject confidential staff were
reflected in the Supplemental Quarterly Report on
Accession for June and August 2001 and Quarterly Report
on Accession and Separation for October to December 2001
which were submitted to the CSC on January 8, 2002.
On January 25, 2002, HRMD and OAS issued a
Memorandum21 for Administrator Jamora on the subject of
the appointment papers of the nine (9) confidential staff of
the Board. De Jesus and Parungao called his attention to the
requirements under CSC Resolution No. 96770122 of the
submission to the CSC of two (2) copies of the Report on
Personnel Actions (ROPA) within the first fifteen (15) days
of the ensuing month together with the certified true copies
of the appointments acted on, and appointments not
submitted within the prescribed period would be made
effective thirty (30) days prior to the date of submission to
the CSC. It was explained that the appointment papers with
retroactive effectivity dates violated the provisions of CSC
Res. No. 967701 and Rule 7, Section 11 of the CSC Omnibus
Rules on Appointments. For said reason, LWUA
accreditation could be cancelled and the Administrator be
held personally liable for the invalidated appointments. It
was suggested instead that the appointments be re-issued
effective December 12, 2001, the ROPA be dated January
15, 2002, and the earlier retroactive appointments be
cancelled, as advised by a CSC Field Director in a previous
informal consultation. It was also proposed that the salaries
and benefits already paid be made on quantum
meruit basis, based on actual services rendered as certified
by the Board members.
Therefore, for the purpose of meeting the monitoring and
reportorial requirements of the CSC in relation to the
accreditation given to LWUA to take final action on its
appointments, De Jesus and Parungao, with the prior
approval of Administrator Jamora, re-issued the
appointments of the Boards nine (9) confidential staff. The
appointment papers23 were now all dated December 12,
2001, with Serial Nos. 168292, 168293, 168294, 168295,
168297, 168298, 168299, 168301, and 168304 and were
transmitted to the CSC.
On February 28, 2002, Administrator Jamora again wrote a
letter24 to the DBM clarifying whether its December 11,
2001 letter, approving the hiring of the confidential staff of
the LWUA Board, had retroactive effect. It was explained
that the said confidential staff had started rendering
services as early as August 20, 2001, when the Board
assumed office because their services were urgently
needed by the trustees.
Meanwhile, the LWUA Accounting Department, in a Brief to
the Legal Department dated March 2, 2002, sought its legal
opinion on the subject of the first payment of salary of the
confidential staff. The Legal Department replied that a
letter had been sent to the DBM seeking clarification on
whether the previous DBM approval retroacted to the
actual service of the confidential staff.
Thereafter, the Internal Control Office (ICO) of LWUA issued
a memorandum dated May 10, 2002, questioning the
issuance of the retroactive appointment papers. It pointed
out that since the appointment papers submitted to the CSC
indicated December 12, 2001 as effective date, the
appointment of the involved personnel to the government
service should be considered effective only on said date,
with their salaries and other compensation computed only
from December 12, 2001. Thus, there was an overpayment
made as follows:
Ma. Geraldine Rose D. Buenaflor - P107,730.09
Michael M. Raval - P111,303.16
 Albino G. Valenciano, Jr. - P107, 730.09
Noelle Stephanie R. Badoy - P157, 210.34
Kristina Joy T. Badoy - P163, 130.69
It was further recommended that the Legal Department
conduct an investigation to identify the person liable to
refund to LWUA the overpayments made to the subject
personnel and that the Accounting Department take
appropriate actions to recover the overpayment.
On June 5, 2002, LWUA received DBMs reply letter 25
on
June 5, 2002, informing Administrator Jamora that the
previously granted authority on the hiring of the
confidential staff to the LWUA Board may be implemented
retroactive to the date of actual service rendered by the
employees involved.
In a Brief to Administrator Jamora dated July 26, 2002,
signed by De Jesus and initialed by Parungao, the issues
raised by ICO in its Memorandum on the retroactive
appointments of the concerned confidential staff and
overpayments were deemed clarified with the reply letter
of the DBM on the retroactive implementation of the
authority granted to LWUA in the previous letter of
approval.
Meanwhile, on November 20, 2001, in relation to the earlier
appeal of De Jesus (which he withdrew upon his
reinstatement by the newly reconstituted LWUA Board),
the CSC issued Resolution No. 011811,26 which remanded
the case to LWUA for the conduct of an investigation
regarding De Jesus dismissal, to be finished within three (3)
calendar months, failure of which would result in the
dismissal of the case against De Jesus.
On August 15, 2002, the CSC issued Resolution No.
02109027 ruling that CSC Resolution No. 011811 had not
been rendered moot and academic by the reinstatement of
De Jesus by the LWUA Board. It further declared the
reinstatement as illegal, null and void. The Board was
directed to recall the reinstatement of De Jesus, and LWUA
was ordered to continue the conduct of the investigation on
De Jesus as earlier directed, within three (3) calendar
months from receipt of the resolution. For failure of LWUA
to conduct an investigation within the required period, CSC
Resolution No. 03050428 was issued dated May 5, 2003
considering the dismissal case closed and terminated.
Complaint of Facura and Tuason
On October 18, 2002, Facura and Tuason filed a Joint
Affidavit-Complaint29 before the Evaluation and
Preliminary Investigation Bureau of the Ombudsman
against De Jesus and Parungao charging them with: 1)
violation of Section 3(e) of R.A. No. 3019; and 2) dishonesty,
gross neglect of duty, grave misconduct, falsification of
official documents, being notoriously undesirable, and
conduct prejudicial to the best interest of the service, for
the fabrication of fraudulent appointments of nine (9)
coterminous employees of LWUA.
Facura and Tuason alleged that the retroactive
appointment papers were fabricated and fraudulent as they
were made to appear to have been signed/approved on the
dates stated, and not on the date of their actual issuance.
They further alleged that with malice and bad faith, De
Jesus and Parungao willfully and feloniously conspired not
to submit the fraudulent appointment papers to the CSC,
and to submit instead the valid set of appointment papers
bearing the December 12, 2001 issuance date.
They questioned the issuance of the fraudulent
appointments in favor of the nine (9) confidential staff, to
the prejudice of the government in the amount
of P692,657.31, as these were used as basis for the
payment of their back salaries. They also alleged that De
Jesus reinstatement was illegal and that he had lost
authority to sign any LWUA documents effective upon the
issuance of LWUA Board Resolution Nos. 061 and 069. Thus,
the actions undertaken by him in signing the fraudulent
appointments were all misrepresented and, therefore,
unlawful. They further alleged that contrary to law, De Jesus
continued to receive his salary and benefits as Deputy
Administrator of LWUA despite having already been
dismissed. They cited the string of criminal and
administrative cases against De Jesus before the trial courts
and the Ombudsman.
In their Joint Counter-Affidavit,30 De Jesus and Parungao
alleged that they were mere rank-and-file employees who
had no knowledge of or participation in personnel matters;
that their actions in issuing the two sets of appointments
were all documented and above-board; that as subordinate
employees, they had no discretion on the matter of the
retroactive appointments of the nine confidential staff
specifically requested by the Board members; and that the
re-issuance of the second set of appointments effective
December 12, 2001 was duly approved by Administrator
Jamora. They denied any financial damage on the part of
LWUA since the retroactive payment of salaries was
justified under the DBM letter approving the hiring of
personnel retroactive to the date of actual services
rendered by them.
The Ruling of the Ombudsman
The complaint was originally referred to the Ombudsmans
Preliminary Investigation and Administrative Adjudication
Bureau B, and assigned to Graft Investigation and
Prosecution Officer I Vivian Magsino-Gonzales (Pros.
Magsino-Gonzales). After evaluating the documents on file,
Pros. Magsino-Gonzales dispensed with the preliminary
conference and preliminary investigation of the case. In her
Decision dated September 30, 2003, she recommended the
outright dismissal of the case, ratiocinating that the
Ombudsman did not have the jurisdiction to resolve the
issues of fraudulent appointments of the nine confidential
staff and their alleged overpayment to the damage of
LWUA and the government and to decide on the status of
De Jesus as a dismissed employee which, in her view,
belonged to the primary jurisdiction and technical expertise
of the CSC.
Said recommendation was disapproved by the Ombudsman
and the case was referred for review to Special Prosecution
Officer Roberto Agagon (Special Pros. Agagon) of the
Preliminary Investigation and Administrative Adjudication
Bureau A. Without conducting a preliminary conference
or investigation, Special Pros. Agagon came up with the
assailed Review and Recommendation finding De Jesus and
Parungao guilty of grave misconduct, dishonesty, gross
neglect of duty, and falsification, the dispositive portion of
which reads:
WHEREFORE, respondents Rodolfo S. De Jesus and
Edelwina DG. Parungao are meted out the penalty of
Dismissal from the service with prejudice to re-entry into
the government service.
On March 24, 2004, Facura and Tuason filed their Motion
for Reconsideration but the same was denied in the assailed
Order dated April 20, 2004.
The Ombudsman found that during De Jesus dismissal from
the service at the LWUA, and despite the advice of the CSC
to await the final resolution of his appeal, De Jesus illegally
issued appointments to several co-terminous employees in
June and August 2001. The appointments were found to
have been prepared and issued by De Jesus and Parungao
after the former had been terminated from LWUA,
therefore, without authority to sign/act on any official
LWUA document/official matter, which fact he was fully
aware of, thereby making the solemnity of the documents
questionable. All said appointments were, thus, found to be
fraudulent, illegal, and of no legal force and effect. Since
these were also prepared and initialed by Parungao, a
conspiracy to commit falsification through dishonesty was
found to have been present.
It was also found that the DBM approved the LWUA request
on retroactivity of payment of back salaries because not all
facts attendant to the illegal appointments had been
disclosed to said office. The deliberate concealment of the
illegal appointment papers was dishonest. The attachment
of the illegal appointments to the LWUA Disbursement
Voucher for payment of backsalaries, to the prejudice and
damage of the government, was also cited as another
deliberate concealment and distortion with false narration
of facts.
The Ombudsman also viewed the second set of
appointment papers as to have been issued for no apparent
reason and designed to legalize the illegal appointments
issued in June and August 2001. Thus, dishonesty on the
part of De Jesus was found to be present for acting against
a series of orders issued by the CSC and for the falsification
of the illegal appointment papers.
The Ruling of the Court of Appeals
Aggrieved, De Jesus and Parungao filed a petition for review
with the CA on July 5, 2004 which was docketed as CA-G.R.
SP No. 84902, praying, among others, for the issuance of a
Temporary Restraining Order (TRO) and/or preliminary
prohibitory injunction to enjoin the implementation of the
order of dismissal against them. The CA, in its Resolution
dated July 20, 2004, deferred action on the application for
TRO and gave Facura and Tuason time to comment.
After the petition to the CA was filed, LWUA implemented
the order of dismissal against De Jesus and Parungao.
Administrator Jamora issued Office Order No. 151204
notifying De Jesus and Parungao of their dismissal from the
LWUA effective at the close of office hours on July 23, 2004.
On August 12, 2004, the CA granted the application for TRO
so as not to render the issues raised in the petition moot
and academic. On August 24, 2004, Facura and Tuason filed
their Manifestation with Extremely Urgent Motion for
Dissolution of the issued TRO because the act to be
enjoined, the implementation of the dismissal order, was
fait accompli.
On September 22, 2004, the CA issued the assailed
Resolution denying Facura and Tuasons motion to dissolve
the TRO, and granting the issuance of a writ of preliminary
mandatory injunction in favor of De Jesus and Parungao,
which reads as follows:
WHEREFORE, the foregoing considered, the Motion to
Dissolve TRO filed by respondents is hereby DENIED.
Accordingly, let writ of preliminary mandatory injunction
issue enjoining LWUA and the Office of the Ombudsman
from enforcing the assailed Order and are thereby directed
to maintain and/or restore the status quo existing at the
time of the filing of the present petition by reinstating
petitioners to their former positions pending the resolution
of this case upon the filing of petitioners bond in the
amount of P40,000.00 each, which will answer for whatever
damages respondents may sustain in the event that the
petition is not granted.
The CA found that the right to appeal from decisions of the
Ombudsman imposing a penalty other than public censure
or reprimand, or a penalty of suspension of more than one
month or a fine equivalent to more than one months
salary, granted to parties by Section 27 of R.A. No. 6770 (the
Ombudsman Act) should generally carry with it the stay of
these decisions pending appeal citing Lopez v. Court of
Appeals.31 The right to a writ of preliminary mandatory
injunction was deemed to be in order because De Jesus and
Parungaos right to be protected under R.A. No. 6770 was
found to exist prima facie, and the acts sought to be
enjoined are violative of such right.
On October 4, 2004, Facura, Tuason and LWUA moved for
the reconsideration of the September 22, 2004 Resolution,
which motion was opposed by De Jesus and Parungao. Their
Motions for Reconsideration were denied by the CA on
January 4, 2005, as follows:
WHEREFORE, the foregoing considered, the respondents
respective Motions for Reconsideration of the Resolution
dated 22 September 2004 are hereby DENIED. Petitioner De
Jesus Most Urgent Motion to Deputize the Philippine
National Police to Implement the Injunctive Writ dated 29
September 2004 is GRANTED and accordingly the said entity
is hereby deputized to implement the injunctive relief
issued by this Court.
Facura and Tuason then filed the present Petition for
Certiorari with this Court questioning the above-mentioned
Resolutions of the CA, docketed as G.R. No. 166495.
Pending resolution of the said Petition, the CA rendered its
decision in CA-G.R. SP No. 84902, dated May 26, 2005, the
dispositive portion of which reads:
WHEREFORE, the foregoing considered, the petition is
GRANTED and the assailed Review and Recommendation
and Order are MODIFIED hereby ordering the
reinstatement of petitioner Parungao as Manager of the
Human Resource Management Department of LWUA with
back pay and without loss of seniority. The dismissal of
petitioner De Jesus from the government service with
prejudice to re-entry thereto is AFFIRMED.
Facura, Tuazon and the Ombudsman filed their respective
Motions for Partial Reconsideration, while De Jesus filed his
Motion for Reconsideration. These were denied by the CA
in its Resolution dated August 6, 2008.
The CA believed that at the time De Jesus signed the two
sets of appointment papers, the CSC had not divested itself
of jurisdiction and authority over his dismissal case. Thus,
he misrepresented his authority to do so as his dismissal
was still in effect and for resolution by the CSC. The CA
agreed with De Jesus that it was his ministerial duty to
comply with the request of the Board members. However,
he failed to perform his ministerial duty, for if he had in fact
done so, the second set of appointments would not have
been issued as the first set of appointments with retroactive
effectivity dates would have already been submitted to the
CSC.
The CA further found the request for approval to the DBM
to apply the earlier granted authority to hire retroactively
as a disingenuous attempt to provide a semblance of
legality to the intended retroactive appointments. It held
that the approval or disapproval of appointment to the
government was the sole office of the CSC, and not the
DBM, as the LWUA authority to take final action on its
appointments was by virtue of CSCs accreditation program.
De Jesus failure to submit the retroactive appointment
papers as prescribed under the CSC accreditation was
viewed by the CA as a concealment of such retroactivity
and, thus, dishonesty. To its mind, the CSC was deliberately
made unaware of what the DBM was doing, and vice versa.
Parungao was exonerated by the CA after having been
found that she took steps to clarify the matter with the CSC,
informed her superiors about her misgivings and the legal
effects of the retroactive appointments, and published such
retroactive appointments in the LWUA Quarterly Reports
on Accession, thus, demonstrating her good faith.
In its Resolution denying the motions for reconsideration
filed by Facura, Tuazon and De Jesus, the CA ruled, among
others, that the case of De Jesus v. Sandiganbayan32 could
not be used as basis to absolve administrative liability, as
the present case was not limited solely to falsification and
preparation of the two sets of appointment papers. The CA
found that De Jesus failed to comply with CSC rules due to
his failure to submit the first set of appointment papers to
the CSC. Dishonesty was found present when De Jesus
submitted the first set of appointment papers to the DBM
and the second set to CSC to comply with reportorial
requirements, ensuring that the DBM was unaware of what
the CSC was doing and vice versa. The CSC resolutions
dismissing the complaint against De Jesus were found to
have no bearing as the dismissal case was already before
the CSC for resolution when De Jesus affixed his signature.
Thus, De Jesus had no authority to sign the appointment
papers and by doing so, he defied the CSC directive recalling
his reinstatement. Violation of CSC rules on appointment
was found to be distinct from misrepresentation of
authority to sign appointment papers.
Hence, the present Petitions for Review on Certiorari
separately filed by De Jesus and the Ombudsman, docketed
as G.R. Nos. 185129 and 184263, respectively.
THE ISSUES
The issues presented for resolution by Facura (now
deceased) and Tuason in G.R. No. 166495 are as follows:
a. Whether or not an appeal of the Ombudsmans
decision in administrative cases carries with it the
suspension of the imposed penalty;
b. Whether or not petitioners were heard before
the issuance of the writ of preliminary mandatory
injunction; and
c. Whether or not private respondents are
entitled to the writ of preliminary mandatory
injunction.
The assignment of errors presented by De Jesus in G.R. No.
184129, are as follows:
I
THE COURT OF APPEALS GROSSLY ERRED IN NOT APPLYING
THE DOCTRINE OF CONCLUSIVENESS OF JUDGMENT
AND/OR RES JUDICATA ARISING FROM SC DECISION DATED
OCTOBER 17, 2007 IN G.R. NOS. 164166 & 164173-80 AND
CSC RES. NOS. 03-0504, 07-0146 & 07-0633.
II
THE COURT OF APPEALS GROSSLY ERRED IN NOT FINDING
PETITIONER TO HAVE ACTED IN GOOD FAITH WHEN HE
OBEYED THE PATENTLY LAWFUL ORDERS OF HIS
SUPERIORS.
III
THE COURT OF APPEALS GROSSLY ERRED IN STILL RELYING
ON CSC RES. NO. 01-1811 AND RES. NO. 02-1090 AFTER
HAVING BEEN RENDERED MOOT AND ACADEMIC BY CSC
RES. NO. 03-0405.
IV
THE COURT OF APPEALS GROSSLY ERRED IN FINDING
PETITIONER TO HAVE COMMITTED AN ACT OF DISHONESTY
IN RELATION TO THE CSC ACCREDITATION PROGRAM.
V respondent is absolved of the charge, and in case of
PUBLIC RESPONDENT OFFICE OF THE OMBUDSMAN AND
THE COURT OF APPEALS DO NOT HAVE JURISDICTION TO
COLLATERALLY RULE AGAINST PETITIONERS TITLE AS
DEPUTY ADMINISTRATOR OF LWUA.
VI
THE COURT OF APPEALS GROSSLY ERRED IN FAILING TO
APPRECIATE AS MITIGATING CIRCUMSTANCES THE
EDUCATION AND LENGTH OF SERVICE OF PETITIONER IN
THE IMPOSITION OF SUPREME PENALTY OF DISMISSAL.
VII
THE COURT OF APPEALS GROSSLY ERRED IN STILL FINDING
PETITIONER GUILTY OF MISREPRESENTATION OF
AUTHORITY AFTER EXONERATING ATTY. EDELWINA DG.
PARUNGAO.
The issue presented for resolution by the Ombudsman in
G.R. No. 184263 is as follows:
WHETHER OR NOT THE COURT OF APPEALS ERRED IN
RULING THAT NO SUBSTANTIAL EVIDENCE EXISTS AGAINST
RESPONDENT PARUNGAO FOR THE ADMINISTRATIVE
OFFENSE OF DISHONESTY WHICH WARRANTS HER
DISMISSAL FROM THE SERVICE .
THE RULING OF THE COURT
G.R. No. 166495
The issue of whether or not an appeal of the Ombudsman
decision in an administrative case carries with it the
immediate suspension of the imposed penalty has been laid
to rest in the recent resolution of the case of Ombudsman
v. Samaniego,33 where this Court held that the decision of
the Ombudsman is immediately executory pending appeal
and may not be stayed by the filing of an appeal or the
issuance of an injunctive writ, to wit:
Section 7, Rule III of the Rules of Procedure of the Office of
the Ombudsman,34 as amended by Administrative Order
No. 17 dated September 15, 2003, provides:
SEC. 7. Finality and execution of decision. Where the
conviction where the penalty imposed is public censure or
reprimand, suspension of not more than one month, or a
fine equivalent to one month salary, the decision shall be
final, executory and unappealable. In all other cases, the
decision may be appealed to the Court of Appeals on a
verified petition for review under the requirements and
conditions set forth in Rule 43 of the Rules of Court, within
fifteen (15) days from receipt of the written Notice of the
Decision or Order denying the motion for reconsideration.
An appeal shall not stop the decision from being
executory. In case the penalty is suspension or removal
and the respondent wins such appeal, he shall be
considered as having been under preventive suspension
and shall be paid the salary and such other emoluments
that he did not receive by reason of the suspension or
removal.
A decision of the Office of the Ombudsman in
administrative cases shall be executed as a matter of
course. The Office of the Ombudsman shall ensure that the
decision shall be strictly enforced and properly
implemented. The refusal or failure by any officer without
just cause to comply with an order of the Office of the
Ombudsman to remove, suspend, demote, fine, or censure
shall be a ground for disciplinary action against such officer.
[Emphases supplied]
The Ombudsmans decision imposing the penalty of
suspension for one year is immediately executory pending
appeal.35 It cannot be stayed by the mere filing of an appeal
to the CA. This rule is similar to that provided under Section
47 of the Uniform Rules on Administrative Cases in the Civil
Service.
In the case of In the Matter to Declare in Contempt of Court
Hon. Simeon A. Datumanong, Secretary of the DPWH,36 we
held:
The Rules of Procedure of the Office of the Ombudsman are
clearly procedural and no vested right of the petitioner is
violated as he is considered preventively suspended while
his case is on appeal. Moreover, in the event he wins on
appeal, he shall be paid the salary and such other
emoluments that he did not receive by reason of the
suspension or removal. Besides, there is no such thing as a
vested interest in an office, or even an absolute right to hold
office. Excepting constitutional offices which provide for
special immunity as regards salary and tenure, no one can
be said to have any vested right in an office.
Following the ruling in the above cited case, this Court,
in Buencamino v. Court of Appeals,37 upheld the resolution
of the CA denying Buencaminos application for preliminary
injunction against the immediate implementation of the
suspension order against him. The Court stated therein that
the CA did not commit grave abuse of discretion in denying
petitioners application for injunctive relief because Section
7, Rule III of the Rules of Procedure of the Office of the
Ombudsman was amended by Administrative Order No. 17
dated September 15, 2003.
Respondent cannot successfully rely on Section 12, Rule 43
of the Rules of Court which provides:
SEC. 12. Effect of appeal The appeal shall not stay the
award, judgment, final order or resolution sought to be
reviewed unless the Court of Appeals shall direct otherwise
upon such terms as it may deem just.
In the first place, the Rules of Court may apply to cases in
the Office of the Ombudsman suppletorily only when the
procedural matter is not governed by any specific provision
in the Rules of Procedure of the Office of the
Ombudsman.38 Here, Section 7, Rule III of the Rules of
Procedure of the Office of the Ombudsman, as amended, is
categorical, an appeal shall not stop the decision from being
executory.
Moreover, Section 13 (8), Article XI of the Constitution
authorizes the Office of the Ombudsman to promulgate its
own rules of procedure. In this connection, Sections 18 and
27 of the Ombudsman Act of 198939 also provide that the
Office of the Ombudsman has the power to "promulgate its
rules of procedure for the effective exercise or performance
of its powers, functions and duties" and to amend or modify
its rules as the interest of justice may require. For the CA to
issue a preliminary injunction that will stay the penalty
imposed by the Ombudsman in an administrative case
would be to encroach on the rule-making powers of the
Office of the Ombudsman under the Constitution and RA
6770 as the injunctive writ will render nugatory the
provisions of Section 7, Rule III of the Rules of Procedure of
the Office of the Ombudsman.
Clearly, Section 7, Rule III of the Rules of Procedure of the
Office of the Ombudsman supersedes the discretion given
to the CA in Section 12,40 Rule 43 of the Rules of Court when
a decision of the Ombudsman in an administrative case is
appealed to the CA. The provision in the Rules of Procedure
of the Office of the Ombudsman that a decision is
immediately executory is a special rule that prevails over
the provisions of the Rules of Court. Specialis derogat
generali. When two rules apply to a particular case, that
which was specially designed for the said case must prevail
over the other.41 [Emphases supplied]
Thus, Section 7, Rule III of the Rules of Procedure of the
Office of the Ombudsman, as amended by Administrative
Order (A.O.) No. 17, is categorical in providing that an
appeal shall not stop an Ombudsman decision from being
executory. This rule applies to the appealable decisions of
the Ombudsman, namely, those where the penalty
imposed is other than public censure or reprimand, or a
penalty of suspension of more than one month, or a fine
equivalent to more than one months salary. Hence, the
dismissal of De Jesus and Parungao from the government
service is immediately executory pending appeal.
The aforementioned Section 7 is also clear in providing that
in case the penalty is removal and the respondent wins his
appeal, he shall be considered as having been under
preventive suspension and shall be paid the salary and such
other emoluments that he did not receive by reason of the
removal. As explained above, there is no such thing as a
vested interest in an office, or an absolute right to hold
office, except constitutional offices with special provisions
on salary and tenure. The Rules of Procedure of the
Ombudsman being procedural, no vested right of De Jesus
and Parungao would be violated as they would be
considered under preventive suspension, and entitled to
the salary and emoluments they did not receive in the event
that they would win their appeal.
The ratiocination above also clarifies the application of Rule
43 of the Rules of Court in relation to Section 7 of the Rules
of Procedure of the Office of the Ombudsman. The CA, even
on terms it may deem just, has no discretion to stay a
decision of the Ombudsman, as such procedural matter is
governed specifically by the Rules of Procedure of the Office
of the Ombudsman.
The CAs issuance of a preliminary mandatory injunction,
staying the penalty of dismissal imposed by the
Ombudsman in this administrative case, is thus an
encroachment on the rule-making powers of the
Ombudsman under Section 13 (8), Article XI of the
Constitution, and Sections 18 and 27 of R.A. No. 6770,
which grants the Office of the Ombudsman the authority to
promulgate its own rules of procedure. The issuance of an
injunctive writ renders nugatory the provisions of Section 7,
Rule III of the Rules of Procedure of the Office of the
Ombudsman.
The CA, however, cannot be blamed for so ruling because
at that time the Courts rulings were not definite and, thus,
nebulous. There were no clear-cut guidelines yet. Even the
initial ruling in Samaniego on September 11, 2008, stated in
effect that the mere filing by a respondent of an appeal
sufficed to stay the execution of the joint decision against
him. The Samaniego initial ruling merely followed that in
the case of Office of the Ombudsman v. Laja,42 where it was
stated:
[O]nly orders, directives or decisions of the Office of the
Ombudsman in administrative cases imposing the penalty
of public censure, reprimand, or suspension of not more
than one month, or a fine not equivalent to one month
salary shall be final and unappealable hence, immediately
executory. In all other disciplinary cases where the penalty
imposed is other than public censure, reprimand, or
suspension of not more than one month, or a fine not
equivalent to one month salary, the law gives the
respondent the right to appeal. In these cases, the order,
directive or decision becomes final and executory only
after the lapse of the period to appeal if no appeal is
perfected, or after the denial of the appeal from the said
order, directive or decision. It is only then that execution
shall perforce issue as a matter of right. The fact that the
Ombudsman Act gives parties the right to appeal from its
decisions should generally carry with it the stay of these
decisions pending appeal. Otherwise, the essential nature
of these judgments as being appealable would be rendered
nugatory. [Emphasis in the original].
Having ruled that the decisions of the Ombudsman are
immediately executory pending appeal, The Court finds it
unncessary to determine whether or not Facura and Tuason
were heard before the issuance of the writ of preliminary
mandatory injunction.
G.R. Nos. 184129 & 184263
The Court now looks into the issue of whether De Jesus was
rightfully dismissed from the government service, and
whether Parungao was righfully exonerated by the CA.
Conclusiveness of Judgment
De Jesus contends that under the doctrine of
conclusiveness of judgment and/or res judicata, the present
case is bound by the decision of this Court in De Jesus v.
Sandiganbayan.43
The original complaint filed with the Ombudsman by Facura
and Tuason spawned two cases, an administrative
proceeding docketed as OMB-C-A-0496-J, which is the
subject of this present case, and a proceeding for the
determination of probable cause for the filing of criminal
charges docketed as OMB-C-C-02-0712-J.
As to the criminal charges, probable cause was found to be
present by the Ombudsman, and nine (9) informations for
falsification of public documents were separately filed
against De Jesus and Parungao with the Sandiganbayan
docketed as Criminal Case Nos. 27894-27902. After his
Motion to Quash was denied, De Jesus filed a petition for
certiorari with this Court docketed as G.R. Nos. 164166 &
164173-80, entitled De Jesus v. Sandiganbayan.44 This
petition was resolved on October 17, 2007 in favor of De
Jesus with the finding that the evidence could not sustain a
prima facie case. His Motion to Quash was granted for lack
of probable cause to form a sufficient belief as to the guilt
of the accused. The Court stated that there was no
reasonable ground to believe that the requisite criminal
intent or mens rea was present, finding that nothing in the
two sets of appointment papers constituted an absolutely
false narration of facts.
As a result, the criminal cases filed with the Sandiganbayan
were consequently dismissed on March 14, 2008.45Copies
of the decisions of this Court and the Sandiganbayan were
submitted to the CA through a Manifestation with Most
Urgent Ex-Parte Motion on April 24, 2008.
De Jesus cited the case of Borlongan v. Buenaventura46 to
support his argument that this administrative case should
be bound by the decision in De Jesus v. Sandiganbayan.47 In
Borlongan, similar to the situation prevailing in this case,
the complaint-affidavit filed with the Ombudsman also
spawned two cases a proceeding for the determination of
probable cause for the filing of criminal charges, and an
administrative case subject of the petition. In said case, this
Court found that its factual findings regarding the
proceeding for the determination of probable cause bound
the disposition of the factual issues in the administrative
case under the principle of conclusiveness of judgment, as
both the probable cause proceeding and the administrative
case require the same quantum of evidence, that is,
substantial evidence. Furthermore, the factual backdrop in
the proceeding for the determination of probable cause,
which this Court declared as insufficient to hold
respondents for trial, was the same set of facts which
confronted this Court in the administrative case.
On the other hand, the Ombudsman, Tuason and LWUA
raised the jurisprudential principle that the dismissal of a
criminal case involving the same set of facts does not
automatically result in the dismissal of the administrative
charges due to the distinct and independent nature of one
proceeding from the other. They further countered that the
only issue resolved in De Jesus was the absence of mens rea,
which was not a mandatory requirement for a finding of
falsification of official documents as an administrative
offense;48 and although it was found that there was no
absolutely false narration of facts in the two sets of
appointment papers, the issue in this administrative case
was not limited solely to falsification of official documents.
It was further contended that the evidence and admissions
in the administrative case were different from the evidence
in the criminal case, thus, the findings in the criminal case
could not bind the administrative case. Finally, they argued
that the doctrine of res judicata would only apply to judicial
or quasi-judicial proceedings and not to administrative
matters.49
The Court agrees with De Jesus insofar as the finding
regarding the falsification of official documents is
concerned.
The doctrine of res judicata is set forth in Section 47 of Rule
39 of the Rules of Court, as follows:
Sec. 47. Effect of judgments or final orders. - The effect of a
judgment or final order rendered by a court of the
Philippines, having jurisdiction to pronounce the judgment
or final order, may be as follows:
xxx
(b)In other cases, the judgment or final order is, with
respect to the matter directly adjudged or as to any other
matter that could have been raised in relation thereto,
conclusive between the parties and their successors in
interest by title subsequent to the commencement of the
action or special proceeding, litigating for the same thing
and under the same title and in the same capacity; and
(c)In any other litigation between the same parties or their
successors in interest, that only is deemed to have been
adjudged in a former judgment or final order which appears
upon its face to have been so adjudged, or which actually
and necessarily included therein or necessary thereto.
The principle of res judicata lays down two main rules: (1)
the judgment or decree of a court of competent jurisdiction
on the merits concludes the litigation between the parties
and their privies and constitutes a bar to a new action or
suit involving the same cause of action either before the
same or any other tribunal; and (2) any right, fact, or matter
in issue directly adjudicated or necessarily involved in the
determination of an action before a competent court in
which a judgment or decree is rendered on the merits is
conclusively settled by the judgment therein and cannot
again be litigated between the parties and their privies
whether or not the claims or demands, purposes, or subject
matters of the two suits are the same.50 The first rule which
corresponds to paragraph (b) of Section 47 above, is
referred to as "bar by former judgment"; while the second
rule, which is embodied in paragraph (c), is known as
"conclusiveness of judgment."51
As what is involved in this case is a proceeding for the
determination of probable cause and an administrative
case, necessarily involving different causes of action, the
applicable principle is conclusiveness of judgment. The
Court in Calalang v. Register of Deeds of Quezon
City52 explained such, to wit:
The second concept - conclusiveness of judgment- states
that a fact or question which was in issue in a former suit
and was there judicially passed upon and determined by a
court of competent jurisdiction, is conclusively settled by
the judgment therein as far as the parties to that action and
persons in privity with them are concerned and cannot be
again litigated in any future action between such parties or
their privies, in the same court or any other court of
concurrent jurisdiction on either the same or different
cause of action, while the judgment remains unreversed by
proper authority. It has been held that in order that a
judgment in one action can be conclusive as to a particular
matter in another action between the same parties or their
privies, it is essential that the issue be identical. If a
particular point or question is in issue in the second action,
and the judgment will depend on the determination of that
particular point or question, a former judgment between
the same parties or their privies will be final and conclusive
in the second if that same point or question was in issue and
adjudicated in the first suit (Nabus v. Court of Appeals, 193
SCRA 732 [1991]). Identity of cause of action is not required
but merely identity of issue.
Justice Feliciano, in Smith Bell & Company (Phils.), Inc. v.
Court of Appeals (197 SCRA 201, 210 [1991]),
reiterated Lopez v. Reyes (76 SCRA 179 [1977]) in regard to
the distinction between bar by former judgment which bars
the prosecution of a second action upon the same claim,
demand, or cause of action, and conclusiveness of
judgment which bars the relitigation of particular facts or
issues in another litigation between the same parties on a
different claim or cause of action.
The general rule precluding the relitigation of material facts
or questions which were in issue and adjudicated in former
action are commonly applied to all matters essentially
connected with the subject matter of the litigation. Thus, it
extends to questions necessarily implied in the final
judgment, although no specific finding may have been
made in reference thereto and although such matters were
directly referred to in the pleadings and were not actually
or formally presented. Under this rule, if the record of the
former trial shows that the judgment could not have been
rendered without deciding the particular matter, it will be
considered as having settled that matter as to all future
actions between the parties and if a judgment necessarily
presupposes certain premises, they are as conclusive as the
judgment itself.
Under the principle of conclusiveness of judgment, when a
right or fact has been judicially tried and determined by a
court of competent jurisdiction, or when an opportunity for
such trial has been given, the judgment of the court, as long
as it remains unreversed, should be conclusive upon the
parties and those in privity with them. Simply put,
conclusiveness of judgment bars the relitigation of
particular facts or issues in another litigation between the
same parties on a different claim or cause of action.53
Although involving different causes of action, this
administrative case and the proceeding for probable cause
are grounded on the same set of facts, involve the same
issue of falsification of official documents, and require the
same quantum of evidence54 substantial evidence, as was
similarly found in Borlongan, and correctly relied upon by
De Jesus.
It was ruled in De Jesus that there was no reasonable
ground to believe that the requisite criminal intent or mens
rea was present. Although the presence of mens rea is
indeed unnecessary for a finding of guilt in an
administrative case for falsification of official
documents,55 it was expressly found by this Court in De
Jesus that there was no absolutely false narration of facts in
the two sets of appointment papers. The pertinent portion
is quoted hereunder as follows:
Criminal intent must be shown in felonies committed by
means of dolo, such as falsification. In this case, there is no
reasonable ground to believe that the requisite criminal
intent or mens rea was present. The Ombudsman assails
the first set of documents with dates of appointment earlier
than December 12, 2001. Clearly, the first set of CSC Form
No. 33 was prepared earlier as shown by the serial
numbers. The first set has serial numbers 168207, 168210,
168213, 168214, 168215, 168216, 168217, 168287 and
168288; while the second set has serial numbers 168292,
168293, 168294, 168295, 168297, 168298, 168299, 168301
and 168304. The Ombudsman also admits this fact. Indeed,
petitioner admits having signed two sets of appointment
papers but nothing in said documents constitutes an
absolutely false narration of facts. The first set was
prepared and signed on the basis of the inter-office
memoranda issued by the members of the Board
appointing their respective confidential staff conformably
with the DBM approval. There was no untruthful statement
made on said appointment papers as the concerned
personnel were in fact appointed earlier than December 12,
2001. In fact, the DBM also clarified that the authority to
hire confidential personnel may be implemented
retroactive to the date of actual service of the employee
concerned. In any case, Jamora authorized the issuance of
the second set of appointment papers.Following the CSC
Rules, the second set of appointment papers should mean
that the first set was ineffective and that the appointing
authority, in this case, the members of the Board, shall be
liable for the salaries of the appointee whose appointment
became ineffective. There was nothing willful or felonious
in petitioner's act warranting his prosecution for
falsification. The evidence is insufficient to sustain a prima
facie case and it is evident that no probable cause exists to
form a sufficient belief as to the petitioner's
guilt.56 [Emphasis supplied]
Hence, the finding that nothing in the two sets of
appointment papers constitutes an absolutely false
narration of facts is binding on this case, but only insofar as
the issue of falsification of public documents is concerned,
and not on the other issues involved herein, namely, the
other acts of De Jesus and Parungao which may amount to
dishonesty, gross neglect of duty, grave misconduct, being
notoriously undesirable, and conduct prejudicial to the best
interest of the service, as charged in the complaint.
Contrary to Tuason and LWUAs contentions, the factual
finding of this Court in De Jesus as to the absence of
falsification is based on the same evidence as in this
administrative case. There are, however, other evidence
and admissions present in this case as cited by Tuason and
LWUA which pertain to other issues and not to the issue of
falsification.
Meanwhile the doctrine in Montemayor v.
Bundalian57 that res judicata applies only to judicial or
quasi-judicial proceedings, and not to the exercise of
administrative powers, has been abandoned in subsequent
cases58 which have since applied the principle of res
judicata to administrative cases. Hence, res judicata can
likewise be made applicable to the case at bench. Thus,
given all the foregoing, the factual finding in De Jesus that
there was no false statement of facts in both sets of
appointment papers, is binding in this case.
Even granting that the principle of conclusiveness of
judgment is inapplicable to the case at bench, this Court
finds no cogent reason to deviate from the factual findings
in De Jesus based on a careful review of the evidence on
record. The existence of malice or criminal intent is not a
mandatory requirement for a finding of falsification of
official documents as an administrative offense. What is
simply required is a showing that De Jesus and Parungao
prepared and signed the appointment papers knowing fully
well that they were false.59
The Court, however, believes that in this case, at the time
each set of appointment papers were made, De Jesus and
Parungao believed they were making true statements. They
prepared and signed the first set on the basis of the inter-
office memoranda issued by the Board members
appointing their respective confidential staff conformably
with DBM approval. The second set was prepared to correct
the retroactive appointments to conform to the CSC
reportorial requirements, and the same was also approved
by Administrator Jamora. There was no reason for De Jesus
and Parungao to believe such to be false. Irregular it is
perhaps, not being in conformity with the CSC rules on
accreditation, but not false. Therefore, this Court finds that
no falsification of official documents occured.
Legality of Reinstatement and Authority to Sign
The CA held that, as evinced from CSC Resolution No.
011811, which ordered LWUA to conduct an investigation,
the CSC had not divested itself of jurisdiction and authority
over De Jesus dismissal case at the time he issued and
signed both sets of appointment papers. The CA ruled that
in doing so, he defied the CSC directive recalling his
reinstatement.
De Jesus argues that, his title is not open to indirect
challenge and can only be assailed in a proceeding for quo
warranto; and that absent any judicial declaration, he
remained to be a de jure officer, and even if he were only a
de facto officer, his acts were done under color of authority
and, thus, valid and binding. De Jesus further argues that
the pendency of his appeal to the CSC did not render his
reinstatement illegal, as he had no choice but to rely on the
regularity of the LWUA board resolution which reinstated
him, and this reinstatement should have rendered
superfluous the CSC resolution ordering investigation. He
further contends that it was wrong for the CA to rely on the
CSC resolutions which were interlocutory. Since CSC
Resolution No. 030504 ultimately dismissed the case
against him and in effect nullified his prior dismissal from
LWUA, he should be considered as never having left his
office. Said CSC resolution should have also rendered the
previous CSC resolutions moot and academic.
De Jesus also cites CSC Resolution Nos. 07-0633 and 07-
0146, which relate to other complaints filed against him,
and which recognize the legality of his reinstatement and
affirm CSC Resolution No. 030504 as res judicata. He argues
that this case should be bound by the three
aforementioned CSC resolutions under the principle of res
judicata.
A brief review of the relevant facts is necessary to resolve
the issue at hand. LWUA dismissed De Jesus on March 28,
2001. He appealed to the CSC on April 18, 2001. He was
reinstated on September 4, 2001 and so withdrew his
appeal with the CSC the next day. Notwithstanding, in
connection with his appeal, the CSC issued Resolution No.
011811 on November 20, 2001 ordering LWUA to
investigate. The two sets of appointment papers were
signed by De Jesus in December 2001. It was only on August
15, 2002 that the CSC issued Resolution No. 021090, which
recalled De Jesus reinstatement and declared it illegal and
void. However, De Jesus title was conclusively established
on May 5, 2003 by CSC Resolution No. 030504, which finally
dismissed the case against him.
Thus, prior to the CSC resolution recalling his reinstatement
and declaring it illegal and void, De Jesus cannot be faulted
for relying on the LWUA board resolution reinstating him as
Deputy Administrator. Furthermore, the CSC resolution
recalling his reinstatement and declaring it illegal and void
was issued only after the appointment papers were
prepared and signed. Thus, there was no misrepresentation
of authority on the part of De Jesus when he signed the
appointment papers because he did so after he was
reinstated by the LWUA Board and before such
reinstatement was declared illegal and void by the CSC.
More important, the dismissal case against him was
ultimately dismissed, thereby conclusively establishing his
right to his title and position as Deputy Administrator of
LWUA.
Duties under the CSC Accreditation Program
The CA also found that De Jesus failed to comply with the
CSC rules under the Accreditation Program due to his failure
to submit the first set of retroactive appointment papers to
the CSC. Such failure was said to constitute a concealment
of the retroactivity from the CSC and, thus, dishonesty on
his part. Parungao, on the other hand, was reinstated by the
CA after having been found that she took steps to clarify the
matter with the CSC; that she informed her superiors about
her misgivings and the legal effects of the retroactive
appointments; and that she published such retroactive
appointments in the LWUA Quarterly Reports on Accession,
thus, demonstrating her good faith.
De Jesus argues that, as Deputy Administrator, it was not
his responsibility to comply with the CSC rules under the
Accreditation Program. He contends that the CA itself
recognized this fact when it stated that it was the
responsibility of the LWUA Administrator to know and
implement the terms and conditions of accreditation. The
CA even further stated that it was the Human Resources
Management Officer who had the responsibility of
preparing and submitting the appointment papers with the
ROPA.
On the other hand, Tuason and LWUA argue that under
Executive Order (E.O.) No. 286, the Office of the Deputy
Administrator has direct supervision over the HRMD, and so
De Jesus should be held liable for failure to submit the first
set of appointment papers in accordance with the CSC rules.
Under CSC Resolution No. 96770160 granting LWUA
authority to take final action on its appointments under the
CSC Accreditation Program, the following was said to have
been violated:
6. That for purposes of immediate monitoring and
records keeping, the LWUA shall submit within
the first fifteen calendar days of each ensuing
month to the CSFO two copies of the monthly
Report on Personnel Actions (ROPA) together
with certified true copies of appointments acted
upon;
7. That failure to submit the ROPAs within the
prescribed period shall render all appointments
listed therein lapsed and ineffective;
8. That appointments issued within the month
but not listed in the ROPA for the said month shall
become ineffective 30 days from issuance;
xxx
As culled from the CSC letter61 dated November 11, 1996,
addressed to then LWUA Admistrator De Vera, which
accompanied CSC Resolution No. 967701, the following
responsibilities under the CSC Accreditation Program were
reiterated thus:
The LWUA Administrator/appointing authority shall:
- Take final action on all appointments that he
issues/signs;
- Exercise delegated authority to take final action
on appointments following the terms and
conditions stipulated in the Resolution and within
the limits and restrictions of Civil Service Law,
rules, policies and standards;
- Assume personal liability for the payment of
salaries for actual services rendered by
employees whose appointments have been
invalidated by the CSNCRO.
On the other hand, the Human Resources
Management Officer shall:
- Ensure that all procedures, requirements, and
supporting papers to appointments specified in
MC No. 38, s. 1997 and MC Nos. 11 and 12, s. 1996
have been complied with and found to be in order
before the appointment is signed by the
appointing authority;
xxx
- Prepare and submit within the first fifteen
calendar days of each ensuing month to the CSFO
concerned two copies of the monthly ROPA
together with certified true copies of
appointments issued and finally acted upon; and
xxx
[Emphases supplied]
Under LWUA Office Order No. 205.01,62 Administrator
Jamora authorized De Jesus to sign appointment papers of
appointees to vacant plantilla positions in LWUA which
were previously approved by the Administrator or the
Board of Trustees. Thus:
In the exigency of the service and to facilitate/expedite
administrative works, the Deputy Administrator,
Administrative Services, is hereby authorized under
delegated authority to act on and sign for and in behalf of
the Administrator, documents such as Office Orders,
Appointment Papers, Inter-Office Memoranda and other
administrative documents including communications to
CSC and/or DBM relating to filling up of vacant positions,
either by promotion or recruitment, as well as transfer of
personnel, which have been previously cleared/approved in
writing by the Administrator, or by the Board of Trustees,
as the case may be. Also delegated is the authority to act
and sign for and in behalf of the Administrator, the Notice(s)
of Salary Adjustment (NOSA) and Notice(s) of Salary
Increment (NOSI). [Emphases supplied]
It is clear from the above that the responsibility to submit
within the first fifteen (15) calendar days of each ensuing
month to the CSFO two copies of the monthly ROPA
together with certified true copies of appointments acted
upon lies with the Human Resources Management
Officer (HRMO), namely, Parungao. Even granting that De
Jesus, as Deputy Administrator, has direct supervision over
the Human Resources and Management Department, it is
the HRMO who is expressly tasked with the duty to submit
to the CSC the ROPA with true copies of appointments
finally acted upon. Therefore, De Jesus, as Deputy
Administrator, cannot be held liable for such failure to
submit the first set of appointment papers with the ROPA
as prescribed under the CSC accreditation rules.
The authority to exercise the delegated authority to take
final action on appointment papers is lodged in the LWUA
Administrator. The only duty of De Jesus is to sign
appointment papers previously approved by the
Administrator or Board. Thus, De Jesus duty to sign
appointment papers is only ministerial in nature, while the
discretionary power to take final action on appointments
remains lodged in the LWUA Administrator. De Jesus is,
thus, bound only to sign appointment papers previously
approved by the LWUA Administrator or Board, in
accordance with LWUA Office Order No. 205.01, having no
power to exercise any discretion on the matter.
In exercising his ministerial duty of signing the appointment
papers, De Jesus obeyed the patently lawful order of his
superior. CSC Resolution No. 967701 does not charge De
Jesus with the duty to know and comply with the rules of
the Accreditation Program, that being the province of the
LWUA Administrator and HRMO, as expressly provided for
in the CSC letter. Therefore, so long as the appointment
papers were approved by the Administrator or Board, the
order to sign them is patently lawful. Hence, De Jesus
cannot be faulted for obeying the patently lawful orders of
his superior. Furthermore, there is no evidence on record
to indicate that he acted in bad faith, as what he did was in
conformity with the authority granted to him by LWUA
Office Order No. 205.01.
The same, however, cannot be said of Parungao. As HRMO,
she was expressly charged with the duty to prepare and
submit within the first fifteen calendar days of each ensuing
month to the CSFO concerned two copies of the monthly
ROPA together with certified true copies of appointments
issued and finally acted upon. Thus, she must necessarily be
aware that failure to submit the ROPAs within the
prescribed period shall render all appointments listed
therein lapsed and ineffective, and that appointments
issued within the month but not listed in the ROPA for the
said month shall become ineffective 30 days from issuance.
Knowing this, she should never have given her approval by
initialing the first set of retroactive appointments as she
should have known that they would be ineffective under
the CSC accreditation rules.
No Dishonesty, Mere Confusion
With the finding that the request for approval of the DBM
to apply the earlier granted authority retroactively was a
disingenuous attempt to provide a semblance of legality to
the intended retroactive appointments, the CA held that
the approval or disapproval of appointment to the
government was the sole office of the CSC, and not the
DBM. Furthermore, dishonesty was found present when De
Jesus submitted the first set of appointment papers to the
DBM and the second set to the CSC, apparently to ensure
that the DBM was unaware of what the CSC was doing and
vice versa.
A careful perusal of the records will show that the request
for approval to the DBM, characterized by the CA as an
attempt to provide a semblance of legality, was the act of
Administrator Jamora and not of De Jesus or Parungao. The
request letter63 to the DBM was signed by Jamora.
Therefore, neither De Jesus nor Parungao can be held liable
for the act. The Court also failed to find any evidence on
record that De Jesus deliberately ensured that DBM was
unaware of what the CSC was doing and vice versa. It has
already been discussed that De Jesus only duty was to sign
the appointment papers in accordance with the LWUA
office order granting him authority to do so. All
responsibilities relating to the reportorial requirements
pertain to Parungao as the HRMO.
Furthermore, the appointment papers provided to the DBM
were referenced by Administrator Jamora in his request
letter, and not by De Jesus or Parungao. The first set of
appointment papers was never submitted to the CSC not
because the retroactivity of the appointments was being
concealed, but precisely because it was realized that such
did not comply with the reportorial requirements. Given
the foregoing, there could have been no dishonesty on the
part of De Jesus and Parungao.
Instead, it appears that the root of the dilemma in the case
at bench lies in confusion rather than
dishonesty.1awphi1 This confusion pertains to the
misunderstanding of the roles of the CSC and the DBM vis-
a-vis the issuance of appointment papers. Such confusion
can be gleaned from the brief to Administrator Jamora
signed by De Jesus and initialed by Parungao, stating that
the issues on the retroactive appointments and
overpayments were deemed settled with the reply letter of
the DBM on the retroactive implementation of the
authority previously granted.
The CA correctly stated that the approval or disapproval of
appointment to the government is the sole office of the
CSC, and not the DBM, as the very authority given to LWUA
to take final action on its appointments is by virtue of CSCs
accreditation program.64 Thus, the DBM approval to
retroact its previously granted authority to hire the LWUA
confidential staff is subject to an appointment validly issued
in accordance with CSC rules. In other words, the DBM
approval for retroactivity presupposed valid appointments.
DBMs approval was mistakenly understood to pertain to
both the back salaries and the validity of the staffs
appointments when, in fact, DBMs approval related only to
LWUAs authority to hire and not to the validity of the
appointments of the hired personnel. Therefore, back
salaries should only have been due upon the effectivity of
valid appointments, which is within the authority of the CSC
to approve, and not of the DBM.
Dishonesty refers to a persons "disposition to lie, cheat,
deceive, or defraud; untrustworthiness; lack of integrity;
lack of honesty, probity or integrity in principle; lack of
fairness and straightforwardness; disposition to defraud,
deceive or betray."65 The absence of dishonesty on the part
of De Jesus and Parungao is supported by their good faith
in complying with the orders of Administrator Jamora. Their
good faith is manifested in several circumstances. First,
their brief to Administrator Jamora, stating that the issues
on the retroactive appointments and overpayments were
deemed settled with the reply letter of the DBM,
demonstrates that they actually and honestly believed that
the letter had in fact resolved the issue. Second, their
memorandum66 to Administrator Jamora explained that
the appointment papers with retroactive effectivity dates
would be violative of the provisions of CSC Res. No. 967701
and CSC Omnibus Rules on Appointments Rule 7, Section
11. Third, an informal consultation67 was held with the CSC
Field Director to seek advice regarding the retroactive
appointments, wherein it was suggested that the
appointments be re-issued effective December 12, 2001,
hence, the issuance of the second set of appointment
papers. Finally, such retroactive appointments were
published in the LWUA Quarterly Reports on Accession. The
foregoing circumstances are apparently contrary to any
intention to defraud or deceive.
Parungao - Guilty
Of Simple Neglect of Duty
Simple neglect of duty is defined as the failure to give
proper attention to a task expected from an employee
resulting from either carelessness or indifference.68 In this
regard, the Court finds Parungao, as HRMO, guilty of simple
neglect of duty. Given her duties under the CSC
Accreditation Program, she should have been aware of the
reportorial requirements, and of the fact that it is the CSC
which has authority over appointments, and not the DBM.
Had she given the proper attention to her responsibility as
HRMO, the first set of appointment papers would never
have been issued, thereby avoiding the present
predicament altogether.
When a public officer takes an oath of office, he or she binds SO ORDERED.
himself or herself to faithfully perform the duties of the
office and use reasonable skill and diligence, and to act
primarily for the benefit of the public. Thus, in the discharge
of duties, a public officer is to use that prudence, caution
and attention which careful persons use in the
management of their affairs.69 Parungao failed to exercise
such prudence, caution and attention.

Simple neglect of duty is classified under the Uniform Rules

on Administrative Cases in the Civil Service as a less grave
offense punishable by suspension without pay for one
month and one day to six months. Finding no circumstance
to warrant the imposition of the maximum penalty of six
months, and considering her demonstrated good faith, the
Court finds the imposition of suspension without pay for
one month and one day as justified.

WHEREFORE,

(1) in G.R. No. 166495, the petition is GRANTED.

The assailed September 22, 2004 and January 4,
2005 Resolutions of the Court of Appeals are
hereby REVERSED and SET ASIDE. The writ of
preliminary mandatory injunction issued in CA-
G.R. SP No. 84902 is ordered DISSOLVED.

(2) in G.R. No. 184129, the petition is GRANTED,

and in G.R. No. 184263, the petition is PARTIALLY
GRANTED. The assailed May 26, 2005 Decision
and August 6, 2008 Resolution of the Court of
Appeals in CA-G.R. SP No. 84902, are
hereby REVERSED and SET ASIDE, and a new one
entered

a. ordering the reinstatement of

Rodolfo S. De Jesus as Deputy
Administrator of the LWUA with full
back salaries and such other
emoluments that he did not receive by
reason of his removal; and

b. finding Human Resources

Management Officer Edelwina DG.
Parungao GUILTY of Simple Neglect of
Duty and hereby imposing the penalty
of suspension from office for one (1)
month and one (1) day without pay.