July 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 166547 : July 14, 2009] UMBRA M. TOMAWIS V. ATTY. NORA M. TABAO-CAUDANG:
[G.R. No. 166547 : July 14, 2009]
UMBRA M. TOMAWIS V. ATTY. NORA M. TABAO-CAUDANG
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated July 14, 2009
" G.R. No. 166547 (Umbra M. Tomawis v. Atty.Nora M. Tabao-Caudang) - For resolution is a Motion to Clarify, Modify and/or Alter Decision to Harmonize it with justice and the Facts[1] filed by movant Atty. Baratucal L. Caudang, substitute and counsel for respondent Atty. Nora Tabao-Caudang.
On September 12, 2007, we rendered a Decision[2] denying the petition filed by petitioner Umbra M. Tomawis thereby affirming the September 8, 2004 Decision and December 20, 2004 Resolution of the Court of Appeals in CA-G.R. SP No. 84424. In that decision, we upheld the validity of the appointment of respondent as Office of Muslim Affairs (OMA) Regional Director, Region Xll-B. Following the denial[3] of petitioner's motion for reconsideration,[4] the decision became final and executory on April 29, 2008.
Meanwhile, on March 28, 2008, respondent died.[5]
With the finality of this Court's decision and in view of the death of respondent, movant filed a Motion for Execution with Substitution of Party before the Regional Trial Court (RTC), Branch 8, Lanao del Sur which was granted. The RTC allowed the substitution of respondent by the movant; and directed the incumbent Executive Director of the OMA to reinstate respondent in the payroll of said office from the time she was illegally deprived of her position; and further ordered him to pay respondent's unpaid salaries, terminal benefits and other emoluments during said period until her death on March 28, 2008.[6] OMA Executive Director Ali B. Sangkil, however, opposed execution by filing a Motion to Quash the Writ of Execution.[7]
Without awaiting the RTC decision on the matter, movant comes to us seeking a modification of our September 12, 2007 Decision by directing the OMA Executive Director to reinstate respondent in the payroll; and to pay respondent's heirs her unpaid salaries, benefits and other emoluments from the time of the illegal termination of her services up to the time of her death[8]
Suffice it to state that our September 12, 2007 decision affirming that of the Court of Appeals, is clear. The modification that the movant seeks before this Court is already reflected in the Writ" of Execution issued by the RTC. Movant was prompted to file the instant motion only because of the opposition by the OMA Executive Director to the issuance of the writ of execution. The issue raised by movant is well within the power of the RTC to resolve as it pertains mainly to the execution of a final and executory decision.
In view of the foregoing, we DENY the motion. We, however, DIRECT the RTC, Branch 8, Lanao del Sur, to enforce our decision without any further delay."
" G.R. No. 166547 (Umbra M. Tomawis v. Atty.Nora M. Tabao-Caudang) - For resolution is a Motion to Clarify, Modify and/or Alter Decision to Harmonize it with justice and the Facts[1] filed by movant Atty. Baratucal L. Caudang, substitute and counsel for respondent Atty. Nora Tabao-Caudang.
On September 12, 2007, we rendered a Decision[2] denying the petition filed by petitioner Umbra M. Tomawis thereby affirming the September 8, 2004 Decision and December 20, 2004 Resolution of the Court of Appeals in CA-G.R. SP No. 84424. In that decision, we upheld the validity of the appointment of respondent as Office of Muslim Affairs (OMA) Regional Director, Region Xll-B. Following the denial[3] of petitioner's motion for reconsideration,[4] the decision became final and executory on April 29, 2008.
Meanwhile, on March 28, 2008, respondent died.[5]
With the finality of this Court's decision and in view of the death of respondent, movant filed a Motion for Execution with Substitution of Party before the Regional Trial Court (RTC), Branch 8, Lanao del Sur which was granted. The RTC allowed the substitution of respondent by the movant; and directed the incumbent Executive Director of the OMA to reinstate respondent in the payroll of said office from the time she was illegally deprived of her position; and further ordered him to pay respondent's unpaid salaries, terminal benefits and other emoluments during said period until her death on March 28, 2008.[6] OMA Executive Director Ali B. Sangkil, however, opposed execution by filing a Motion to Quash the Writ of Execution.[7]
Without awaiting the RTC decision on the matter, movant comes to us seeking a modification of our September 12, 2007 Decision by directing the OMA Executive Director to reinstate respondent in the payroll; and to pay respondent's heirs her unpaid salaries, benefits and other emoluments from the time of the illegal termination of her services up to the time of her death[8]
Suffice it to state that our September 12, 2007 decision affirming that of the Court of Appeals, is clear. The modification that the movant seeks before this Court is already reflected in the Writ" of Execution issued by the RTC. Movant was prompted to file the instant motion only because of the opposition by the OMA Executive Director to the issuance of the writ of execution. The issue raised by movant is well within the power of the RTC to resolve as it pertains mainly to the execution of a final and executory decision.
In view of the foregoing, we DENY the motion. We, however, DIRECT the RTC, Branch 8, Lanao del Sur, to enforce our decision without any further delay."
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
[1] Rollo, pp. 585-590.
[2] Id. at 520-536.
[3] Embodied in a Resolution dated March 11, 2008; Id. at 574.
[4] Id. at 538-555.
[5] Evidenced by her Death Certificate; Id. at 591-592.
[6] Id. at 586-587.
[7] Id. at 587.
[8] Id. at 588.
