January 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 183905 : January 19, 2009] GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) V. THE HONORABLE COURT OF APPEALS (TFH DIVISION), ANTHONY V. ROSETE, MANUEL M, LOPEZ, FELIPE 3. ALFONSO, JESUS P. FRANCISCO, CHRISTIAN S. MONSOD, ELPIDIO L. IBANEZ AND FRANCIS GILES B. PUNO :
[G.R. No. 183905 : January 19, 2009]
GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) V. THE HONORABLE COURT OF APPEALS (TFH DIVISION), ANTHONY V. ROSETE, MANUEL M, LOPEZ, FELIPE 3. ALFONSO, JESUS P. FRANCISCO, CHRISTIAN S. MONSOD, ELPIDIO L. IBANEZ AND FRANCIS GILES B. PUNO
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 19 January 2009:
G.R. No. 183905 (Government Service Insurance System (GSIS) v. The Honorable Court of Appeals (8th Division), Anthony V. Rosete, Manuel M, Lopez, Felipe B. Alfonso, Jesus P. Francisco, Christian S. Monsod, Elpidio L. Ibanez and Francis Giles B. Puno); G.R. No. 183933 (Securities and Exchange Commission, Commissioner Jesus Enrique G. Martinez, in his capacity as Officer-in-Charge of the Securities and Exchange Commission, Hubert B. Guevara, in his capacity as Director of the Compliance and Enforcement Department of the Securities and Exchange Commission v. Anthony V. Rosete, Manuel M. Lopez, Felipe B. Alfonso, Jesus P. Francisco, Christian S. Monsod, Elpidio L. Iba�ez and Francis Giles B. Puno); and G.R. No. 184275 {Securities and Exchange Commission, Commissioner Jesus Enrique G. Martinez, in his capacity as Officer-in-Charge of the Securities and Exchange Commission, Hubert B. Guevara, in his capacity as Director of the Compliance and Enforcement Department of the Securities and Exchange Commission v. Anthony V. Rosete, Manuel M. Lopez, Felipe B. Alfonso, Jesus P. Francisco, Christian S. Monsod, Elpidio L. Iba�ez and Francis Giles B. Puno).�This treats the following matters:
1. Motion to Expunge (The Petition of Securities and Exchange Commission, et al., dated 12 September 2008 docketed as G.R. No. 183933) filed in G.R. No. 189305 by counsel for private respondents, dated 16 October 2008;
2. Motion for Additional Time to File Comment on the petition for certiorari filed in G.R. No. 183905 by counsel for private respondents for ten (10) days from 29 October 2008;
3. Motion for Leave to File and For the Honorable Court to Admit the Attached Urgent Motion for Clarification (With Motion for Suspension of the Period for Private Respondents to File their Comment on the Petition of the Securities and Exchange Commission (SEC), et al., as Directed by the Third Division of the Honorable Court in its Resolution dated 17 September 2008)) filed in G.R. No. 184275/G.R. No. 183933 by counsel for private respondents dated 24 October 2008;
4. Urgent Motion for Clarification dated 27 October 2008;
5. Manifestation (With Motion for Leave to File and Admit the (1) Motion to Expunge dated 16 October 2008; and (2) Supplemental Motion to Expunge dated 28 October 2008) filed in G.R. No. 183905 by counsel for private respondents in G.R. No. 183933, dated 28 October 2008.
6. Supplemental Motion to Expunge (The Petition of the Securities and Exchange Commission, et al., dated 12 September 2008 docketed as G.R. Nos. 183933/184275) dated 28 October 2008;
7. Comment/Opposition (Re: Petition for Certiorari and Prohibition dated 11 August 2008 of Petitioner Government Service Insurance System (GSIS) filed in G.R. No. 183905) filed by counsel for private respondents in compliance with the Resolution dated 27 August 2008;
8. Omnibus Motion (To Suspend Period to File Comment on Petition of the Securities and Exchange Commission (SEC) docketed as G.R. No. 184275 and to immediately resolve respondents' pending motions) filed in G.R. No. 184275 by counsel for private respondents, dated 26 November 2008, praying that the Court (1) immediately resolve private respondents' 16 October 2008 Motion to Expunge the SEC petition, 28 October 2008 Supplemental Motion to Expunge the SEC petition and 27 October 2008 Urgent Motion for Clarification, and (2) suspend the period for private respondent to file comment on the 12 September 2008 petition of the SEC pending a final resolution on the aforementioned motions;
It appears on record that on 19 August 2008, the Office of the Solicitor General, in behalf of petitioners Securities and Exchange Commission, Commissioner Jesus Enrique G. Martinez, and Hubert B. Guevarra filed a Motion for Extension of Time to File Petition for Review, praying that they be allowed until 29 August 2008 to file a petition for review under Rule 45 assailing the Decision of the Court of Appeals dated 23 July 2008 in CA-G.R. SP No. 103692, which they had received on 30 July 2008. The case was docketed as G.R. No. 183933, and consolidated by this Court with G.R. No. 183905, through a Resolution dated 27 August 2008. In the same Resolution, the Court, through its Second Division, granted the aforementioned Motion for Extension of Time.
No Petition for Review was filed by the Office of the Solicitor General within the extended period allotted them in G.R. No. 183933.
On 12 September 2008, the Office of the Solicitor General filed a Petition for Certiorari under Rule 65, also in behalf of petitioners Securities and Exchange Commission, Commissioner Jesus Enrique G. Martinez, and Hubert B. Guevarra, and also assailing the same Decision of the Court of Appeals dated 23 July 2008 in CA-G.R. SP No. 103692, which they had received on 30 July 2008. This Rule 65 petition was docketed as G.R. No. 184275 and raffled to the Court's Third Division. On 17 September 2008, the Court's Third Division resolved to treat the petition as a petition for review on certiorari, and to require respondents to comment on the same.1
On 24 September 2008, the Court's Third Division resolved to consolidate G.R. No. 184275 with the two other petitions pending with the Court's Second Division.
It is evident that since no petition for review was ever filed in G.R. No. 183933 and the period for filing the same had elapsed, that particular case should he considered closed and terminated. Simply speaking, there is no petition filed in G.R. No. 183933; therefore there is nothing for the Court to resolve under that docket number.
Hence, there are only two consolidated cases now pending with this Court, G.R. No. 183905 and 184275. Relevantly, the Court on 15 December 2008 issued a Resolution requiring the parties to comment on whether certain developments adverted to in that Resolution had effectively rendered any or all of the petitions as moot and academic. The Court has determined it prudent to await the aforesaid comments before taking action on any of the other pending matters in these cases.
WHEREFORE, G.R. No. 183933 is hereby declared CLOSED and TERMINATED. The Opposition dated 16 October 2008 is NOTED WITHOUT ACTION in view of the fact that the motion for extension was GRANTED and the resolution dated 20 October 2008. The Court DEFERS ACTION on all other pending matters until full compliance with the Resolution dated 15 December 2008. Carpio Morales, J., no part due to close relation to counsel of a party; Chico-Nazario, J., designated additional member.
G.R. No. 183905 (Government Service Insurance System (GSIS) v. The Honorable Court of Appeals (8th Division), Anthony V. Rosete, Manuel M, Lopez, Felipe B. Alfonso, Jesus P. Francisco, Christian S. Monsod, Elpidio L. Ibanez and Francis Giles B. Puno); G.R. No. 183933 (Securities and Exchange Commission, Commissioner Jesus Enrique G. Martinez, in his capacity as Officer-in-Charge of the Securities and Exchange Commission, Hubert B. Guevara, in his capacity as Director of the Compliance and Enforcement Department of the Securities and Exchange Commission v. Anthony V. Rosete, Manuel M. Lopez, Felipe B. Alfonso, Jesus P. Francisco, Christian S. Monsod, Elpidio L. Iba�ez and Francis Giles B. Puno); and G.R. No. 184275 {Securities and Exchange Commission, Commissioner Jesus Enrique G. Martinez, in his capacity as Officer-in-Charge of the Securities and Exchange Commission, Hubert B. Guevara, in his capacity as Director of the Compliance and Enforcement Department of the Securities and Exchange Commission v. Anthony V. Rosete, Manuel M. Lopez, Felipe B. Alfonso, Jesus P. Francisco, Christian S. Monsod, Elpidio L. Iba�ez and Francis Giles B. Puno).�This treats the following matters:
1. Motion to Expunge (The Petition of Securities and Exchange Commission, et al., dated 12 September 2008 docketed as G.R. No. 183933) filed in G.R. No. 189305 by counsel for private respondents, dated 16 October 2008;
2. Motion for Additional Time to File Comment on the petition for certiorari filed in G.R. No. 183905 by counsel for private respondents for ten (10) days from 29 October 2008;
3. Motion for Leave to File and For the Honorable Court to Admit the Attached Urgent Motion for Clarification (With Motion for Suspension of the Period for Private Respondents to File their Comment on the Petition of the Securities and Exchange Commission (SEC), et al., as Directed by the Third Division of the Honorable Court in its Resolution dated 17 September 2008)) filed in G.R. No. 184275/G.R. No. 183933 by counsel for private respondents dated 24 October 2008;
4. Urgent Motion for Clarification dated 27 October 2008;
5. Manifestation (With Motion for Leave to File and Admit the (1) Motion to Expunge dated 16 October 2008; and (2) Supplemental Motion to Expunge dated 28 October 2008) filed in G.R. No. 183905 by counsel for private respondents in G.R. No. 183933, dated 28 October 2008.
6. Supplemental Motion to Expunge (The Petition of the Securities and Exchange Commission, et al., dated 12 September 2008 docketed as G.R. Nos. 183933/184275) dated 28 October 2008;
7. Comment/Opposition (Re: Petition for Certiorari and Prohibition dated 11 August 2008 of Petitioner Government Service Insurance System (GSIS) filed in G.R. No. 183905) filed by counsel for private respondents in compliance with the Resolution dated 27 August 2008;
8. Omnibus Motion (To Suspend Period to File Comment on Petition of the Securities and Exchange Commission (SEC) docketed as G.R. No. 184275 and to immediately resolve respondents' pending motions) filed in G.R. No. 184275 by counsel for private respondents, dated 26 November 2008, praying that the Court (1) immediately resolve private respondents' 16 October 2008 Motion to Expunge the SEC petition, 28 October 2008 Supplemental Motion to Expunge the SEC petition and 27 October 2008 Urgent Motion for Clarification, and (2) suspend the period for private respondent to file comment on the 12 September 2008 petition of the SEC pending a final resolution on the aforementioned motions;
It appears on record that on 19 August 2008, the Office of the Solicitor General, in behalf of petitioners Securities and Exchange Commission, Commissioner Jesus Enrique G. Martinez, and Hubert B. Guevarra filed a Motion for Extension of Time to File Petition for Review, praying that they be allowed until 29 August 2008 to file a petition for review under Rule 45 assailing the Decision of the Court of Appeals dated 23 July 2008 in CA-G.R. SP No. 103692, which they had received on 30 July 2008. The case was docketed as G.R. No. 183933, and consolidated by this Court with G.R. No. 183905, through a Resolution dated 27 August 2008. In the same Resolution, the Court, through its Second Division, granted the aforementioned Motion for Extension of Time.
No Petition for Review was filed by the Office of the Solicitor General within the extended period allotted them in G.R. No. 183933.
On 12 September 2008, the Office of the Solicitor General filed a Petition for Certiorari under Rule 65, also in behalf of petitioners Securities and Exchange Commission, Commissioner Jesus Enrique G. Martinez, and Hubert B. Guevarra, and also assailing the same Decision of the Court of Appeals dated 23 July 2008 in CA-G.R. SP No. 103692, which they had received on 30 July 2008. This Rule 65 petition was docketed as G.R. No. 184275 and raffled to the Court's Third Division. On 17 September 2008, the Court's Third Division resolved to treat the petition as a petition for review on certiorari, and to require respondents to comment on the same.1
On 24 September 2008, the Court's Third Division resolved to consolidate G.R. No. 184275 with the two other petitions pending with the Court's Second Division.
It is evident that since no petition for review was ever filed in G.R. No. 183933 and the period for filing the same had elapsed, that particular case should he considered closed and terminated. Simply speaking, there is no petition filed in G.R. No. 183933; therefore there is nothing for the Court to resolve under that docket number.
Hence, there are only two consolidated cases now pending with this Court, G.R. No. 183905 and 184275. Relevantly, the Court on 15 December 2008 issued a Resolution requiring the parties to comment on whether certain developments adverted to in that Resolution had effectively rendered any or all of the petitions as moot and academic. The Court has determined it prudent to await the aforesaid comments before taking action on any of the other pending matters in these cases.
WHEREFORE, G.R. No. 183933 is hereby declared CLOSED and TERMINATED. The Opposition dated 16 October 2008 is NOTED WITHOUT ACTION in view of the fact that the motion for extension was GRANTED and the resolution dated 20 October 2008. The Court DEFERS ACTION on all other pending matters until full compliance with the Resolution dated 15 December 2008. Carpio Morales, J., no part due to close relation to counsel of a party; Chico-Nazario, J., designated additional member.
Very truly yours.
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] G.R. No. 184275 rollo, p. 377.
