FIRST
DIVISION
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DIRECTOR CELSO PASCUAL OF THE
TELECOMMUNICATIONS OFFICE,
Petitioner, - versus
- HON. ORLANDO D. BELTRAN, AS JUDGE, RTC
OF TUGUEGARAO, BRANCH 4, and MRS. MONSERAT RAYMUNDO ASSISTED BY HER HUSBAND
DOMICIANO RAYMUNDO, Respondents. |
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G.R. No. 129318 Present: PANGANIBAN Chairman, YNARES-SANTIAGO AUSTRIA-MARTINEZ,
CALLEJO,
SR., CHICO-NAZARIO,
JJ. Promulgated: October 27, 2006 |
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CHICO-NAZARIO,
J.:
This Petition for Review on Certiorari under Rule 45 of the Rules of Court seeks to nullify the
Resolution[1]
dated
Petitioner
Celso Pascual was then the
Regional Director, while, private respondent Monserat
Raymundo was the Human Resource Management Officer of
the Telecommunications Office of the Department of Transportation and
Communications (DOTC), Region II,
On
25 April 1990, private respondent was charged before the DOTC, Region II, Tuguegarao City, with Conduct Grossly Prejudicial to the
Best Interest of the Service/Gross Insubordination/Violation of Reasonable
Office Rules and Regulations, Gross Discourtesy in the Course of Official Functions
and Gross Dishonesty Through Falsification of Official Document, by petitioner,
as Regional Director of the Telecommunications Office, Region II, Tuguegarao, Cagayan. The acts which gave rise to the charges are as
follows:
That on March 13, 1990, February 22, 1990, February 20, 1990, February 16, 1990, February 13, 1990, July 10, 1989, you have deliberately arrogated unto yourself the authority vested in the Regional Director by signing official communications/correspondences despite the posting of Regional Office Order No. 87-01 S. October 6, 1987 notifying all concerned that all official correspondences shall be signed by the Regional Director; that on similar instances, on matters relating to the functions of implementing policies and without being officially issued the delegated authority to sign for and on behalf of the head of office, had signed communications thereof as an OIC but on the pretext as a HRMO of the office which is a clear manifestation of open disobedience/hostility to authority and wanton disregard of reasonable office rules and regulations and additionally, a conduct prejudicial to the interest of the service;
That on or about 9:30 AM of March 16, 1990 and some other occasions, while in the office performing the functions of your position as HRMO of the office and therefore a pro-people oriented officer, you descended down to the level of an “unschooled/unlearned” by shouting to the top of your voice and making discourteous remarks against management you ought to serve openly before everybody by roaming around entering every room in the office not only making a mockery of your oath of office but also disturbing the other employees of their day’s work aside from creating an unwholesome/unpleasant environment within the office;
That on September 5, 1989, you went
on undertime for two (2) hours as appearing in the
report of the official timekeeper whereas in your DTR, the entry thereof shows
that you went out of the office at about 5:00 PM and that on January 27, 1989,
February 23 and 24, 1989, March 8, 1989, June 20, 1989, July 14, 1989 and
September 14, 1989 you went on unauthorized absences during regular office
hours whereas in your DTR, the entries thereof (Time in and Time out) are
complete, hence, the discrepancy and conclusion that you have stolen government
time (theft of government time) and had falsified official documents which
constitute gross dishonesty.[3]
On
On charges
of conduct grossly prejudicial to the to the best interest of the service,
gross insubordination and violation of reasonable office rules and regulations,
the prosecution miserably failed to present substantial evidence, both
testimonial and documentary, to warrant the findings of guilt against the
respondent. It was alleged that respondent has committed the acts by
deliberately arrogating herself the authority vested in the Regional Director
by signing official communications/correspondence supposedly to be signed by
the latter. However, not a single evidence or communications relative thereto
had been presented during the hearing that would substantiate such imputation.
Witness Felisa D. Suyo even
testified to the effect that there are specific functions in the job
description of an employee which can be performed without prior authority from
the Regional Director. Moreover, the
Regional Office Order No. 87-01 dated
Republic of the
Department of Transportation and Communications
TELECOMMUNICATIONS OFFICE
Regional Office No. IX
Tuguegarao, Cagayan
REGIONAL OFFICE ORDER NO. 87-01
SUBJECT:
MR. CELSO PASCUAL, DOTC Regional Director,
Telecommunications Office, Assumption to Duty:
Effective today, the undersigned is assuming the duties as DOTC Director of the Telecommunications Office, Region II.
As such, all official correspondence shall be prepared for the signature of the undersigned.
(SGD) CELSO V. PASCUAL
Regional Director
The logical interpretation of this order as it should be, is that all official correspondence usually signed by the Regional Director shall be prepared for his signature. Routinary correspondence such that within, the scope and function of an employee as provided in their respective job description are definitely not included. These conclusion finds support in no less than the testimony of prosecution witness, Ms. Felisa D. Suyo, during cross examination, thus:
Q - Do you agree with me that this memorandum of the Director is contrary to the job description?
A - Yes sir
(TSN, p. 17, October 8, 1991)
x x x x
Q- In short Miss Witness, this official order is in conflict with some of your functions specified under the job description because it limits what has been written in the job description, is it not?
A- Yes, sir.
(TSN, pp. 25-26 October 8, 1991)
On charges of gross dishonesty in the course of official function, the prosecution has not proven the same. In fact, it has not presented a single proof on the matter.
The same is
true on the charge of dishonesty through falsification of official document. The official document being referred to here
is the daily time record or CSC Form No. 48 of the respondent for the month of
September, 1989 which she allegedly falsified the time entry or the 5th
day by entering her TIME OUT at 5:00 pm, when she reportedly went undertime at 3:00 pm. Verification of the original copy of the DTR revealed
that there was indeed an alteration or superimposition thereon. The time entry
of
In the
direct examination of prosecution witness Mina Flor Talay, she made a clarification on the matter by testifying
to the fact that the correct TIME OUT of the correspondent was
Q -
According to your report, this is Civil Service Form No. 48 which shows that
respondent was out during
A - Yes sir.
Q - And
according to this form it was written here that her time out is
A - No, sir, that is
(TSN, pp. 32-33, October 8 1991)
She affirmed said testimonies during cross examination. She said:
Q- You
stated [a] while ago that Mrs. Raymundo went undertime for two hours on
A - It is specified in her DTR on
Q - So,
this is suppose to be
A - Yes sir.
Q - So the actual time is actually reflected in her DTR?
A - Yes sir.
(TSN, pp. 34-35, October 8, 1991).
Apparently, the prosecution’s evidence itself belies the charge of dishonesty and falsification of official documents against the respondent. As to the tampering on the DTR, the same was not clarified and the person supposedly liable thereto was not identified too.
x x x x
Needless to say, the guilt of the respondent on all charges was never established. Therefore, there’s no option but to exonerate her.[4]
On
22 October 1993, private respondent, assisted by her husband Domiciano Raymundo, filed an action[5]
for damages arising from Malicious Administrative Suit against petitioner, in
the Regional Trial Court (RTC) of Tuguegarao, Cagayan, Branch IV, docketed as Civil Case No. 4693,
primarily on the basis of the administrative complaint for Conduct Grossly
Prejudicial to the Best Interest of the Service/Gross Insubordination/Violation
of Reasonable Office Rules and Regulations, Gross Discourtesy in the Course of
Official Functions and Gross Dishonesty, filed by petitioner against private respondent.
During
the trial, petitioner was represented by the Office of the Solicitor General
(OSG).
On
Petitioner
opposed[7]
the motion on the following grounds: First,
petitioner is being sued for acts arising from and related to his official
position and function as Regional Director of the Telecommunications Office. Second,
even if there is an allegation that petitioner is sued in his private capacity,
the same could not defeat the protection accorded to public officials who are
sued for acts related to or arising from their office. Third,
the acts complained of arose from petitioner’s actions while in the performance
of his official duties as Regional Director, thus, he is entitled to be
represented by the OSG under Presidential Decree No. 478 (Defining the Powers
and Functions of the Office of the Solicitor General), and reproduced in
Section 35(1), Title 3, Book 4 of the Administrative Code of 1987. Fourth,
the presumption is that petitioner acted in the performance of his official
duties, thus, it is preposterous to argue that since petitioner had retired
from public office, he is no longer allowed to be represented by the Solicitor
General. Fifth, there is no law which supports private respondent’s claim
that he is no longer allowed to be represented by the OSG.
On
The Court finds the motion to be meritorious. It may be granted, arguendo that herein defendant is being sued for acts which he committed in his official capacity but it is also true that the cause of action is for torts, for which he may be held personally answerable. Otherwise stated, since it is alleged that defendant acted with malice and [bad] faith and, thus, he should be made to pay damages to the plaintiff, the interest of the Government is in no way involved so that further appearance by the Solicitor General in his defense is unjustified.
A
Motion for Reconsideration was filed but the same was denied in an Order dated
The order disqualifying the Office of the Solicitor General (herein referred to as SOLGEN) from continuing to appear as counsel for the defendant Celso Pascual after the latter had retired from the government service was anchored upon the fact that, as the cause of action of the plaintiff is for damages based on tort, the defendant may be held personally liable for his acts and, therefore, the interests of the Government, the protection of which appears to be the sole justification of SOLGEN’s appearing as defendant’s counsel, is not adversely affected. The Court, as the movants mistakenly construe the order, did not yet make any finding that defendant is already liable for the acts complained of as tortuous. It could not yet have made such findings as no trial has been held nor evidence presented. Thus, the contention of the movants, on this point at least, has no factual basis It could very well be that the plaintiff may not be able to substantiate her complaint and the Court will dismiss it.
.
The Court is in full agreement with the movant’s submission that plaintiff has yet to establish by competent proof her cause of action. On this there can be no dispute.
The Court is not persuaded by the allegations of the movants that to disqualify the SOLGEN from this case would result in a “disregard of the importance of the presumption of regularity of performance of public officers” which in turn “would throw the door wide open and expose public officials acting within the scope of their functions and authorities (sic) to private litigations.” However this case may turn out, whether for or against the plaintiff, will not result in a disregard of the presumption enjoyed by public officials that they have regularly performed their duty. Neither will an adverse decision against herein defendant mean that the presumption of regularity of performance of official duty has been disregarded by this Court to the detriment of the State.[9]
On
On
On
A
motion for reconsideration was filed by petitioner but the same was denied by
the Court of Appeals in an Order[15]
dated
Hence,
this Petition raising two issues for Resolution:
WHETHER THE OSG IS
DISQUALIFIED FROM REPRESENTING A PUBLIC OFFICIAL SUED WHILE IN THE PERFORMANCE
OF HIS OFFICIAL DUTIES AND HAD RETIRED DURING THE PENDENCY OF THE TRIAL
WHETHER THE TECHNICAL ISSUE SHOULD BE GIVEN PREFERENCE OVER THE MORE SUBSTANTIAL ISSUE INVOLVING PUBLIC POLICY AND GREATER INTEREST OF JUSTICE
A perusal of
the foregoing issues readily reveals that petitioner raises two aspects of the
case for consideration, both procedural
and substantive.
We deny this
petition for its procedural and substantive flaws.
As regards
the procedural aspect, petitioner contends that the Court of Appeals should
have given preference to the substantial issue of the case rather than the
technical issue in the greater interest of justice, as it dismissed the Petition
on the ground that it was the Solicitor General who signed the Certification of
non-forum shopping and that the case was filed 118 days late.
We shall first discuss the appellate
court’s dismissal of the Petition for non-compliance with the requirements regarding
certification of non-forum shopping.
Note that the certificate of non-forum shopping attached to the Petition for Certiorari filed with the Court of Appeals was signed by Solicitor Benilda Tejada.
It is settled that the requirement to
file a certificate of non-forum shopping is mandatory and that failure to
comply with this requirement cannot be excused. The certification is a peculiar and personal
responsibility of the party, an assurance given to the court or other tribunal
that there are no other pending cases involving basically the same parties,
issues and causes of action. Hence, the
certification must be accomplished by the party himself because he has actual
knowledge of whether or not he has initiated similar actions or proceedings in
different courts or tribunals. Even his
counsel may be unaware of such facts. Thus, the requisite certification
executed by the plaintiff’s counsel will not suffice,[16]
as in the case at bar.
On the issue of timeliness of the
filing of the Petition for Certiorari
before the Court of Appeals, the Petition was filed 118 days late as ruled by
the Court of Appeals.
Since the Petition for Certiorari was filed with the Court of
Appeals on
As alleged by the petitioner, the
Order dated 19 January 1996, issued by public respondent granting private
respondent’s Motion to Disqualify the OSG from appearing in behalf of the
petitioner, was received by petitioner on 9 February 1996, and the Order dated
27 March 1996, denying the motion for reconsideration was received by
petitioner on 10 April 1996. The
Petition for Certiorari was filed with
the Court of Appeals on
Procedural rules are not to be
disdained as mere technicalities. They
may not be ignored to suit the convenience of a party. Adjective law ensures the effective
enforcement of substantive rights through the orderly and speedy administration
of justice. Rules are not to be intended
to hamper litigants or complicate litigation. But they help provide for a vital
system of justice where suitor’s may be heard in the
correct form and manner, at the prescribed time in a peaceful though
adversarial confrontation before a judge whose authority litigants acknowledge.
Public order and our system of justice are well served by a conscientious
observance of the rules of procedure, particularly by government officials and
agencies.[20]
Ordinarily, we would dismiss this
case solely on procedural grounds as discussed above. However, considering the significance of the substantive
issue, we deem it just and equitable to also resolve the same.
On matters of substance, what needs
to be addressed is the issue of whether or not a public official is entitled to
representation by the OSG in a civil action for damages arising from an
administrative suit filed against him by another public official. This issue is best resolved by a close
scrutiny of the nature and extent of the power and authority lodged by law on
the Solicitor General.
The
authority of the OSG to represent
the Republic of the
SEC. 35. Powers
and Functions.—The Office of the Solicitor General shall represent the Government of the
Philippines, its agencies and intrumentalities and
its officials and agents in any litigation, proceeding, investigation or matter
requiring the services of lawyers. When
authorized by the President or head of the office concerned, it shall also represent government owned or controlled corporations. The Office of the Solicitor
General shall constitute the law office of the Government
and, as such, shall discharge duties requiring the services of lawyers. It shall have the following specific powers
and functions:
(1) Represent the Government in the Supreme Court and the Court of
Appeals in all criminal proceedings; represent the Government
and its officers in the Supreme Court, Court of Appeals, and all other courts
or tribunals in all civil actions and
special proceedings in which the Government or any officer thereof in his
official capacity is a party. (Emphasis supplied.)
The import of the
above-quoted provision of the Administrative Code of 1987 is to impose upon the
OSG the duty to appear as counsel for the
Government, its agencies and instrumentalites and its
officials and agents before the Supreme Court, the Court of Appeals, and all
other courts and tribunals in any litigation, proceeding, investigation or
matter requiring the services of a lawyer.
We emphasized its mandatory character in the case of Gonzales v.
Chavez,[21]
thus:
It is patent that the intent of the lawmaker was to give
the designated official, the Solicitor General,
in this case, the unequivocal mandate to appear for the government in legal
proceedings. Spread out in the laws
creating the office is the discernible intent which may be gathered from the
term “shall,” which is invariably employed, from Act No. 136 (1901) to the more
recent Executive Order No. 292 (1987).
x x x x
The decision of this Court as early as 1910 with respect to
the duties of the Attorney-General well applies to the Solicitor General under the facts of the
present case. The Court then declared:
In this jurisdiction, it is the duty of the Attorney General ‘to perform the duties imposed upon him by law’ and ‘he shall prosecute all causes, civil and
criminal, to which the Government of the Philippine
x x x x
The Court is firmly convinced that, considering the spirit
and the letter of the law, there can be no other logical interpretation of Sec.
35 of the Administrative Code than that it is, indeed, mandatory upon the OSG
to “represent the
Government of the Philippines, its agencies and instrumentalities and its
officials and agents in any litigation, proceeding, investigation or matter
requiring the services of a lawyer.” (Emphases
supplied.)
The provision allows a public
official to be represented by the Solicitor General in all civil, criminal and
special proceedings, when such proceedings arise from the former’s
acts in his official capacity.
However,
in the case at bar, petitioner is actually sued in his personal capacity
inasmuch as his principal, the State, can never be the author of any wrongful
act.[22] The Complaint filed by the private respondent
with the RTC merely identified petitioner as Director of the Telecommunications
Office, but did not categorically state that he was being sued in his official
capacity. The mere
mention in the Complaint of the petitioner’s position as Regional Director of
the Telecommunications Office does not transform the action into one against
petitioner in his official capacity. What is determinative
of the nature of the cause of action are the allegations in the complaint. It is settled that the nature of a cause of
action is determined by the facts alleged in the complaint as constituting the
cause of action.[23] The
purpose of an action or suit and the law to govern it is to be determined not
by the claim of the party filling the action, made in his argument or brief,
but rather by the complaint itself, its allegations and prayer for relief.[24]
Also, it is evident from the Complaint filed
by the private respondent before the RTC that she sued petitioner for allegedly
having personal motives in filing the administrative case against her. The Complaint
in part reads:
Sometime on April 25, 1990, the herein defendant (herein petitioner) in utter bad faith and in grave abuse of his authority and discretion as the Regional Director, and with the malicious intent of harassing, oppressing, vexing, embarrassing, molesting, and/or putting to ridicule the herein plaintiff (respondent herein), and with the further malicious intention of blemishing plaintiff’s good name and reputation in the community, filed a baseless and unmeritorious administrative complaint against the herein plaintiff at the Telecommunications Office, Department of Transportation and Communication in Tuguegarao, Cagayan.[25] (Underscoring supplied.)
In fact, it can also be observed in the same Complaint
that the reliefs sought by private respondent are
directed against the petitioner personally and not his office. Respondent is claiming liability directly from
petitioner. The relief sought by
respondent is stated as follows:
As a
consequence of the filing of the patently malicious, flimsy and baseless
administrative complaint, plaintiff suffered from mental anguish, serious
anxiety, torment, wounded feelings, sleepless nights, besmirched reputation and
social humiliation, apart from the fact that she was exposed to ridicule by his
friends and officemates including his relatives and neighbors not to mention
that her credibility as a public government official, was put into a bad light,
for which reasons she demands by way of
moral damages from defendant the amount of ONE HUNDRED FIFTY THOUSAND PESOS
(P150,000.00);
x x x x
Wherefore, it is respectfully prayed of this Honorable Court that after due proceedings, judgment be rendered in favor of the plaintiff and against the defendant by condemning the latter to pay to the former the following:
A) P150,000.00
as and by way of moral damages;
B) P50,000.00
as and by way of exemplary damages;
C) P15,000.00
as and by way of actual expenses of litigation;
D) P10,000.00
as and by way of Attorney’s fees; and such sum of money representing litigation
expenses as maybe proven during the trial on the merit, plus the cost of suit.[26] (Emphases
supplied.)
The authority of the
Solicitor General to represent a public official in a suit against the latter
is discussed in the cases of Anti-Graft
League of the Philippines, Inc. v.
Ortega.[27]
In Anti-Graft League of the Philippines, Inc. v. Ortega,[28]
this Court interpreted such an authority as to embrace “both civil and criminal
investigation, proceeding or matter requiring the services of a lawyer.”
However, in Solicitor General v. Garrido,[29]
the Court sustained the authority of the Solicitor General to enter his
appearance on behalf of public officials charged with violating a penal statute
for acts connected with the
performance of his official duties.
In the case of Urbano v. Chavez,[30]
this Court clarified its pronouncements in the cases of Anti-Graft League of the
Philippines, Inc. v. Ortega and Solicitor
General v. Garrido. In the Anti-Graft
League of the Philippines, Inc. v.
Ortega and Solicitor General v. Garrido cases, the OSG was authorized to enter its
appearance as counsel for any public official, against whom a criminal charge
had been instituted, during the preliminary investigation stage thereof. Nevertheless, in the same case, this Court
held that once an information is filed against the
public official, the OSG can no longer represent the said official in the
litigation. The anomaly in this paradigm
becomes obvious when, in the event of a judgment of conviction, the case is
brought on appeal to the appellate courts. The OSG, as the appellate counsel of the
People of the
There is likewise another reason, as
earlier discussed, why the OSG cannot represent an accused in a criminal case. Inasmuch as the State can speak and act only
by law, whatever it does say and do must be lawful, and that which in unlawful
is not the word or deed of the State, but is the mere wrong or trespass of
those individual persons who falsely speak and act in its name. Therefore, the accused public official should
not expect the State, through the OSG, to defend him for a wrongful act which
cannot be attributed to the State itself. In the same light, a public official
who is sued in a criminal case is actually sued in his personal capacity
inasmuch as his principal, the State, can never be the author of a wrongful
act, much less commit a crime. The Court further ruled that its
observation should apply as well to a public official who is hailed to court in
a civil suit for damages arising from a felony allegedly committed by him. Any pecuniary liability he may be held to
account for on the occasion of such civil suit is for his own account. The Sate is not liable for the same. A fortiori,
the Office of the Solicitor General likewise has no authority to represent him
in such a civil suit for damages.
To
repeat, the Solicitor General is the lawyer of the government, any of its
agents and officials in any litigation, proceeding, investigation or matter
requiring the services of a lawyer. The
exception is when such officials or agents are being charged or are being
civilly sued for damages arising from a felony.
This
rationale must apply with greater force in the case at bar. Here, the private respondent filed an action for
damages arising from Malicious Administrative Suit against petitioner with the
RTC of Tuguegarao, Cagayan,
Branch IV. Petitioner
was sued for damages arising from the administrative complaint he filed against
respondent with the DOTC, for Conduct Grossly Prejudicial to the Best Interest
of the Service/Gross Insubordination/Violation of Reasonable Office Rules and
Regulations, Gross Discourtesy in the Course of Official functions and Gross
Dishonesty. Private respondent was
subsequently exonerated by the DOTC for failure of the petitioner to present substantial
evidence to prove his charges against private respondent.
Also, an
action for recovery of damages for the commission of an injury to a person is a
personal action.[31] A personal action is one brought for the
recovery of personal property, for the enforcement of some contract of recovery
of damages for its breach, or for the
recovery of damages for the commission of an injury to the person or property.
More so,
any liability the petitioner may be held to account for on the occasion of such
civil suit is for his own account and the State is not liable for the same. Thus, the OSG has no authority to represent
him in such civil suit for damages.
Considering
the foregoing, we rule that the trial court did not commit grave abuse of
discretion amounting to excess of or lack of jurisdiction in issuing the
assailed orders. By grave abuse of discretion is meant such capricious and
whimsical exercise of judgment as is equivalent to lack of jurisdiction, and it
must be shown that the discretion was exercised arbitrarily or despotically. For certiorari
to lie, there must be capricious, arbitrary and
whimsical exercise of power, the very antithesis of the judicial prerogative in
accordance with centuries of both civil law and common law traditions.[32] We do not find here a capricious, whimsical
and arbitrary exercise of power by the Judge or by the Court of Appeals
questioning the act of the lower court.
WHEREFORE, in
view of the foregoing, the instant Petition is hereby DISMISSED and the Resolutions dated
SO ORDERED.
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MINITA V. CHICO-NAZARIOAssociate Justice |
WE
CONCUR: