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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    G.R. No. 137718   January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 137718. January 28, 2000.]

    REYNALDO O. MALONZO, in his capacity as City Mayor of Caloocan City, OSCAR MALAPITAN, in his capacity as Vice-Mayor of Caloocan City, CHITO ABEL, BENJAMIN MANLAPIG, EDGAR ERICE, DENNIS PADILLA, ZALDY DOLATRE, LUIS TITO VARELA, SUSANA PUNZALAN, HENRY CAMAYO, in their capacities as Members of the Sangguniang Panlungsod of Caloocan City, Petitioners, v. HON. RONALDO B. ZAMORA, in his capacity as Executive Secretary, HON. RONALDO V. PUNO, in his capacity as Undersecretary of the Department of Interior and Local Government, and EDUARDO TIBOR, Respondents.

    R E S O L U T I O N


    DE LEON, JR., J.:


    On March 15, 1999, the Office of the President (OP) through Executive Secretary Ronaldo Zamora, rendered a Decision 1 the dispositive portion of which reads, viz.:jgc:chanrobles.com.ph

    "WHEREFORE, herein respondents Mayor Reynaldo Malonzo, Vice-Mayor Oscar G. Malapitan and Councilors Chito Abel, Benjamin Manlapig, Edgar Erice, Dennis Padilla, Zaldy Dolatre, Susana Punzalan, Henry Camayo, and Luis Tito Varela, all of Caloocan city are hereby adjudged guilty of misconduct and each is meted the penalty of SUSPENSION from office for a period of three (3) months without pay to commence upon receipt of this Decision. This Decision is immediately executory.

    SO ORDERED."cralaw virtua1aw library

    On March 22, 1999, petitioners Mayor Reynaldo Malonzo, Vice-Mayor Oscar G. Malapitan and councilors Chito Abel, Benjamin Manlapig, Edgar Erice, Dennis Padilla, Zaldy Dolatre, Luis Tito Varela, Susana Punzalan, and Henry Camayo, all of the City of Caloocan, filed a petition assailing the OP decision.chanrobles.com : virtual law library

    On July 27, 1999, We granted the petition and accordingly annulled and set aside the OP decision for having been rendered with grave abuse of discretion and/or excess of jurisdiction. We held:jgc:chanrobles.com.ph

    ". . . [T]he instant petition has been properly brought before us in the light of the importance of the subject matter and the transcendental nature of the issues raised. Realignment of [items in the annual budget] is a common practice borne of necessity and sanctioned by law. Just how such a common practice may be carried out within the bounds of law, considering the fact that public funds are at stake, is, we believe, an issue that is not only one of first impression, but likewise of considerable significance as a guide to local governance . . . .

    ". . . The OP found petitioners guilty of misconduct on the ground that . . .

    ". . . the P39,352,047.75 appropriated in Ordinance 0254 to fund the expropriation of Lot 26 of the Maysilo Estate was merely a portion of the P50 million included and appropriated in the 1998 Annual Budget for expropriation purpose and . . . the judicial action for expropriation . . . is still pending with the court. This being so, the amount allocated for the expropriation cannot be reverted to or be deemed as savings to serve as funds actually available for the supplemental budget. . . .

    "We cannot, however, agree . . .

    "The OP’s premise, in our opinion, rests upon an erroneous appreciation of facts on record. The OP seems to have been confused as to the figures and amounts actually involved. A meticulous analysis of the records would show that there really is no basis to support the OP’s contention that the amount of P39,352,047.75 was appropriated under Ordinance No. 0254, S. 1998, since in truth and in fact, what was appropriated in said ordinance was the amount of P39,343,028.00. The allocation of P39,352,047.75 is to be found in the earlier Ordinance no. 0246, S. 1997 which is a separate and distinct ordinance. . . ."cralaw virtua1aw library

    "Section 322 of the Code upon which the OP anchored its opinion that petitioners breached a statutory mandate provides:jgc:chanrobles.com.ph

    "SECTION 322. Reversion of Unexpended Balances of Appropriations, Continuing Appropriations. — Unexpended balances of appropriations authorized in the annual appropriations ordinance shall revert to the unappropriated surplus of the general funds at the end of the fiscal year and shall not thereafter be available for expenditure except by subsequent enactment. However, appropriations for capital outlays shall continue and remain valid until fully spent, reverted or the project is completed. Reversions of continuing appropriations shall not be allowed unless obligations therefor have been fully paid or settled." chanroblesvirtual|awlibrary

    "Based on the above provision, the OP reached the determination that Ordinance No. 0254, S. 1998 could not have lawfully realigned the amount of P39,352,047.75 which was previously appropriated for the expropriation of Lot 26 of the Maysilo Estate since such appropriation was in the nature of a capital outlay until fully spent, reverted, or the project for which it is earmarked is completed.

    "The question, however, is not whether the appropriation of P39,352,047.75 could fall under the definitions of continuing appropriation and capital outlays, considering that such amount was not the subject of realignment made by Ordinance No. 0254, Series of 1998. Rather, the issue is whether petitioners are liable for their actions in regard to said ordinance which actually realigned a position of the P50 million which was simply denominated in a general manner as "Expropriation of Properties" and classified under "Current Operating Expenditures" in the 1998 Annual Budget of Caloocan City. Clearly, these are two distinct amounts separate from each other. . . . [T]he P50 million was NOT appropriated for the purpose of purchasing Lot 26 of the Maysilo Estate but rather for expenses incidental to expropriation such as relocation of squatters, appraisal fee, expenses for publication, mobilization fees and expenses for preliminary studies. . . . The appropriation of P39,352,047.75 under Ordinance No. 0246, S. 1997 is, we believe, still a subsisting appropriation that has never been lumped together with other funds to arrive at the sum of P50 million allocated in the 1998 budget. To be sure, denomination of the P50 million amount as "Expropriation of Properties left much to be desired and would have been confused with the appropriation for expropriation under Ordinance No. 0246, S. 1997, but had respondents probed deeper into the actual intention for which said amount was allocated then they would have reached an accurate characterization of the P50 million.

    Bearing in mind, therefore, the fact that it is the P50 million which is now being realigned, the next logical question to ask is whether such amount is capable of being lawfully realigned. To this we answer in the affirmative.

    ". . . [R]espondents . . . argued . . . that realignment shall not be allowed when what is involved are continuing appropriations or capital outlays. But this argument becomes clearly inapplicable in view of our disquisition above. The realignment pertained to the P50 million which was classified as "Current Operating Expenditures." . .

    ". . . [W]hat is being realigned is the P50 million appropriation which is classified, neither as a capital outlay nor a continuing appropriation . . .

    As to the alleged violation of Sections 50 and 52 of the Code requiring the adoption of house rules and the organization of the council, we believe that the same hardly merits even cursory consideration. We cannot infer that no other business [like the enactment of the ordinance] may be transacted on the first regular session except to take up the matter of adopting or updating rules.chanrobles virtuallawlibrary

    "The foregoing explanation leads us to the ineluctable conclusion that, indeed, respondents committed grave abuse of discretion. Not only [is] their reasoning flawed bit [it is] likewise lacking in factual and legal support. Misconduct, being a grave administrative offense for which petitioners stood charged, cannot be treated cavalierly. There must be clear and convincing proof on record that petitioners were motivated by wrongful intent, committed unlawful behavior in relation to their offices, or transgressed some established and definite rules of action. But, as we have stressed above, petitioners were acting within legal bounds."cralaw virtua1aw library

    The dispositive portion of Our Decision of March 22, 1999, reads, thus:jgc:chanrobles.com.ph

    "WHEREFORE, the instant petition is hereby GRANTED. The assailed decision of the office of the president in O.P. Case No. 98-H-8520 dated March 15, 1999 is ANNULLED and SET ASIDE for having been rendered with grave abuse of discretion amounting to lack and/or excess of jurisdiction. Consequently, Respondents, their subordinates, agents, representatives, and successors-in-interest are permanently enjoined from enforcing or causing the execution in any manner of the aforesaid decision against petitioners."cralaw virtua1aw library

    On August 12, 1999, the Office of the Solicitor General filed a Motion for Reconsideration 2 contending that:chanrob1es virtual 1aw library

    I. The OP did not err in its appreciation of facts;

    II. Ordinance No. 0254, Series of 1998 was passed without funds actually available;

    III. Ordinance No. 0254, Series of 1998 was also enacted without sufficient compliance with Section 50, Chapter 3, Title II of the Local Government Code of 1991;

    IV. Petitioners’ failure to observe the stricture in the enactment of the Supplemental Budget Ordinance constitutes misconduct; and

    V. Assuming arguendo that the OP did err in its appreciation of the facts on record, still this does not constitute grave abuse of discretion which can be reviewed by this Court through a special civil action for certiorari.

    On October 20, 1999, petitioners filed their Comment and/or Opposition to Motion for Reconsideration. 3

    These issues have already been discussed in Our Decision of July 27, 1999. As respondents persist in their stance, we must also thus restate our position to dispel any and all doubts on the matter.chanrobles.com : virtuallawlibrary

    First. Respondents aver that in their Consolidated Answer which petitioners filed before the OP 4 , petitioners admitted that the sum of P39,352,047.75 under Ordinance No. 0246, Series of 1997 was included in the P50,000,000.00 denominated in a general manner as "Expropriation of Properties" and classified under "Current Operating Expenditures" in the 1998 Budget of Caloocan City. Petitioners however allegedly only took a different position in their pleadings on appeal and during the oral argument before the Court as they clarified that the sum of P39,352,047.75 under Ordinance No. 0246, Series of 1997 is separate and distinct from and not part of the sum of P50,000,000.00 categorized as "Current Operating Expenditures" in the 1998 Budget of Caloocan City. Respondents insist that petitioners may not change their theory for the first time on appeal since their admissions before the OP bind them, and to do so would be offensive to the basic rules of fair play and justice.

    We disagree.

    There is nothing in the records to indicate that the sum of P39,352,047.75 appropriated under Ordinance No. 0246, Series of 1997 is actually part of the P50,000,000.00 allotted for "Expropriation of Properties," under the "Current Operating Expenditures" of the 1998 Annual Budget of Caloocan City.

    Ordinance No. 0246, Series of 1997 5 appropriated P39,352,047.75 for the expropriation of Lot 26 of the Maysilo Estate. It is, however, not this but the sum of P39,343,028.00 appropriated under Ordinance No. 0254, Series of 1998 6 which was sourced from the P50,000,000,00 allotted for "Current Operating Expenditures." It should be noted that the P50,000,000.00 under "Current Operating Expenditures" of the 1998 Annual Budget was denominated as for "Expropriation of Properties" but the particular properties subject of expropriation were not specified. In fact, Petitioners, in the same consolidated answer cited by respondents, have unequivocally stated that "as will be noted from the budget, the expropriation of properties does not refer to any particular property." 7 Thus, it can be said that petitioners, as early as when the case was pending before the OP, were already arguing about the character of the P50,000,000.00 as proper subject of realignment.chanrobles.com : virtual law library

    The source of confusion lies in the denomination of P50,000,000.00 as money for "Expropriation of Properties" under "Current Operating Expenditures." As such, it was to be spent for the expropriation of various properties, including incidental expenses for expropriation. What was exclusively appropriated for the expropriation of the Maysilo Lot was the P39,352,047.75 under Ordinance No. 0246, Series of 1997. It is significant to note that this is a 1997 ordinance while the P39,343,028.00 which was originally intended for incidental expenses for expropriation of the Maysilo Lot was under a 1998 ordinance.

    That what was being realigned was the P50,000,000.00 under "Current Operating Expenditures" to fund the P39,343,028.00 expense under Ordinance No. 0254, Series of 1998, and not the P39,352,047.75 under Ordinance No. 0247, Series of 1997, was further clarified by petitioners during their oral argument before this Court on April 20, 1999. 8

    Second. Respondents insist that Ordinance No. 0254, Series of 1998 was passed without funds actually available. In support of their contention, they cite the dissenting opinion of Justice Kapunan that "there was no "unavoidable discontinuance" or an "abandonment of the work or activity" as contemplated under Section 321 of the Local Government Code since the records do not indicate that the expropriation case before the Regional Trial Court was actually withdrawn, suspended, discontinued or abandoned by the City of Caloocan.chanrobles.com : virtual law library

    This argument however is wrongfully premised as it presupposes the identity, which does not however exist, between the P39,352,047.75 appropriated under Ordinance No. 0246, Series of 1997, and the P39,343,028.00 appropriated under Ordinance No. 0254, Series of 1998. The former which was a 1997 appropriation was never touched for the expropriation of the Maysilo Lot and did not materialize, while the latter was sourced from the 1998 Annual Budget under "Current Operating Expenditures" by realigning the allocation of P50,000,000.00 therefrom to fund the items in Ordinance No. 0254, Series of 1998. Since the P50,000,000.00 appropriation is classified neither as capital outlay nor as a continuing appropriation 9 but as "Current Operating Expenditures," it could be a valid subject of realignment.

    Third. Respondents maintain that Ordinance No. 0254, Series of 1998 was enacted without sufficient compliance with the requirement of Section 50 of the Local Government Code requiring that house rules be adopted or updated.

    The records satisfactorily show, however, that the Sanggunian took up the matter of adopting a set of house rules in its general meeting entitled, "Katitikan ng Karaniwang Pulong ng Sangguniang Panlungsod na ginanap noong ika-2 ng Hulyo 1998 sa Bagong Gusali ng Pamahalaang Lungsod ng Caloocan." 10 During said meeting, the Sanggunian created an Ad Hoc Committee composed of seven (7) members to study the existing house rules. Thereafter, it enacted Ordinance No. 0254,-Series of 1998.

    As we have held in our Decision dated July 27, 1999, such succession of events is legally permissible. The law does not require the completion of the updating or adoption of the internal rules of procedure before the Sanggunian could act on any other matter like the enactment of an ordinance. It simply requires that the matter of adopting or updating the internal rules of procedure be taken up during the first day of session. It would be inequitable to read something more into the requirement of the law and use it as a basis for finding petitioners guilty of misconduct, especially when the charge is serious enough to warrant a penalty of suspension from office for three (3) months without pay.

    Fourth. Respondents maintain that assuming that the Sanggunian can legally take up matters pertaining t o the supplemental budget even before the adoption or updating of its existing rules of procedure, the circumstances that preceded the enactment of the supplemental budget were irregular since there was undue haste in conducting the three readings of Ordinance No. 0254, Series of 1998, in one session day.

    There is nothing in the law, however, which prohibits that the three readings of a proposed ordinance be held in just one session day. Respondents themselves are aware of this. And it certainly is not the function of this Court to speculate that the councilors were not given ample time for reflection and circumspection before the passage of the proposed ordinance by conducting the three readings in just one day considering that it was a certain Eduardo Tibor, by himself as taxpayer, and not the councilors themselves, who raised such complaint. It might not be amiss to point out that the salaries of the city employees were to be funded by the said ordinance which embodied the supplemental budget for 1998, hence, the urgency for its passage. Even the five (5) councilors 11 who abstained from voting for the passage of Ordinance 0254, Series of 1998 took advantage of its benefits by submitting to the office of petitioner Malonzo the names of the employees assigned to their respective offices for salary and accounting purposes. 12

    Finally. Respondents assert that assuming that the OP erred in its appreciation of the facts on record, no grave abuse of discretion correctible by a special civil action for certiorari may be attributed thereto.chanrobles virtual lawlibrary

    But there was grave abuse of discretion on the part of the OP. Its findings are totally devoid of support in the record. Hence, the Decision of respondent Executive Secretary suspending the petitioners, on the basis of the said findings, constitutes grave abuse of discretion amounting to an act done in excess of jurisdiction.

    WHEREFORE, the respondents’ motion for reconsideration is DENIED with FINALITY.

    SO ORDERED.

    Bellosillo, Melo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Purisima, Buena and Gonzaga-Reyes, JJ., concur.

    Davide, Jr., C.J., took no part.

    Kapunan, J., maintain and reiterate his dissenting opinion in the main decision.

    Separate Opinions


    PARDO, J., dissenting:chanrob1es virtual 1aw library

    I regret that I must dissent from the resolution on respondents’ motion for reconsideration. I reiterate my view joining Justice Kapunan in his dissent on the main decision.

    The opinion of the ponente would hold that the respondents’ findings of facts were faulty, reason for its substitution with the Court’s own findings on the facts. This is not allowed in the present case. We cannot substitute our findings for that of the Executive Secretary on a matter within his jurisdiction. The case before us is for certiorari as a special civil action under Rule 65 of the 1997 Rules of Civil Procedure, as amended. If there be errors in the findings of the Office of the President, review thereof must be via petition for review filed with the Court of Appeals, under Rule 43 of the 1997 Rules of Civil Procedure, as amended.chanrobles.com : virtual law library

    The question presented is whether the Executive Secretary acted without jurisdiction or with grave abuse of discretion in imposing the penalty of suspension on a finding of misconduct in office. Hence, what we may review are solely errors of jurisdiction or grave abuse of discretion. The petition at bar does not raise a genuine jurisdictional issue. The issue according to the ponencia is whether the realignment of appropriation was permissible under the supplemental ordinance hurriedly enacted by the majority members of the Sangguniang Bayan and approved by the Mayor. This is not an issue of jurisdiction. Any error in resolving the issue is an error of judgment, not reviewable by certiorari.

    In the judgment of the Office of the President, the Mayor erred in realigning appropriation for capital outlay — for the expropriation of certain lands — to salaries and wages of personnel in the supplemental budget. Even if we disagree with the Office of the President on the penalty imposed, we have to concede that the latter’s decision was not done with grave abuse of discretion. We can not pontificate an error of judgment as a grave abuse of discretion.

    Consequently, I vote to grant respondents’ motion for reconsideration.

    Endnotes:



    1. In O.P. Case No. 98-H-8520 entitled "Eduardo Tibor v. Mayor Reynaldo Malonzo, in his capacity as City Mayor of Caloocan, Oscar G. Malapitan in his capacity as Vice Mayor and Presiding Officer of the Sangguniang Panlungsod of Caloocan City, Chito Abel, Benjamin Manlapig, Edgar Erice, Dennis Padilla, Zaldy Dolatre, Susana Punzalan, Henry Camayo and Luis Tito Varela, in their capacities as Councilors of Caloocan City."cralaw virtua1aw library

    2. Rollo, pp. 507-508.

    3. Rollo, pp. 530-577.

    4. Annex "E" of Petition, Rollo, pp. 75-100.

    5. Entitled "An Ordinance Amending and Supplementing the Provisions of City Ordinance 0168, Series of 1994 and for Other Related Purposes" .

    6. Entitled, "An Ordinance Providing Payment for Approved Items in the Supplemental Budget No. 1, Calendar Year 1998 and Appropriating Corresponding Amount Which shall be Taken from the General Fund (Reversion of Appropriation-Expropriation of Properties)" .

    7. Rollo, p. 89.

    8. TSN dated April 20, 1999, pp. 24-26.

    9. Defined under Title V, Chapter I, Section 306 (e) of the LGC as "appropriation available to support obligations for a specified purpose or projects, such as those for the construction of physical structures or for the acquisition of real property or equipment, even when these obligations are incurred beyond the budget year.

    10. Rollo, pp. 400-401.

    11. Councilors Macario Asistio III, Eduardo H. Rosca, Benedicto Gonzales, Jr., Isaac Domingo and Eloisa Pandi.

    12. Rollo, pp. 186-191.

    G.R. No. 137718   January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.


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