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[G.R. No. 134086. September 24, 2003]

TAGARAO vs. ROSALES, JR.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEP 24 2003.

G.R. No. 134086 (Silvestre L. Tagarao, petitioner, vs. Hon. Ricardo O. Rosales, Jr., Executive Judge, Regional Trial Court, Lucena City, and Nena E. Mallari, respondents.)

Nena E. Mallari, private respondent, is the publisher of the Southern Tagalog Herald, a weekly newspaper of general circulation in Lucena City, the province of Quezon and the rest of the CALABARZON area since September 3, 1995. The publication is registered with the Department of Trade and Industry, Region IV. Its principal/main office and printing equipment are located at the Herald Publications Office, 2nd Floor Alimario Bldg., corner Rizal Avenue and M. Paulino St., strong>San Pablo City. It also maintains an editorial and business office at No. 9 Enriquez St., Lucena City, doing business under City Mayor's Permit No. FT-001-0040-97 issued on January 27, 1997.

On October 2, 1996, respondent Mallari filed with the Regional Trial Court, Lucena City, a verified petition [1] cralaw praying for the accreditation of the Southern Tagalog Herald to publish judicial notices, orders and announcements.

The petition was opposed [2] cralaw by the accredited publishers of Lucena City and the province of Quezon. Among them is Silvestre L. Tagarao, herein petitioner, the publisher of Midway Star. The oppositors contended that the Southern Tagalog Herald is not qualified for accreditation because its principal office is in San Pablo City, not in Lucena City or Quezon Province where it seeks accreditation. In opposing respondent's petition for accreditation, herein petitioner relies on Section 1 of Presidential Decree No. 1079, [3] cralaw thus:

"SECTION 1. All notices of auction sales in extrajudicial foreclosure of real estate mortgage under Act No. 3135, as amended, judicial notices such as notices of sale on execution of real properties, notices in special proceedings, court orders and summonses and all similar announcements arising from court litigation required by law to be published in a newspaper or periodical of general circulation in particular provinces and/or cities shall be published in newspapers or publication published, edited and circulated in the same city and/or province where the requirement of general circulation applies:Provided, That the province or city where the publication's principal office is located shall be considered the place where it is edited and published:Provided, further, That in the event there is no newspaper or periodical published in the locality, the same may be published in the newspaper or periodical published, edited and circulated in the nearest city or province: Provided, finally, That no newspaper or periodical which has not been authorized by law to publish and which has not been regularly published for at least one year before the date of publication of the notices or announcements which may be assigned to it shall be qualified to publish the said notices." (Emphasis supplied)

The oppositors contend that since the Southern Tagalog Herald's principal office is located in San Pablo City, it should be considered the place where general circulation applies. Hence, Southern Tagalog Herald is disqualified for accreditation in Lucena City or Quezon Province. They further alleged that there are eleven (11) accredited newspapers or periodicals already servicing Lucena City and the Quezon province, and that accrediting the Southern Tagalog Herald would only foster crass commercialism and unfair competition among the community newspapers, in violation of the purpose of P.D. No. 1079.

In its Order dated October 22, 1997, the trial court granted the petition and directed the inclusion of the Southern Tagalog Herald in the list of accredited newspapers entitled to participate in the raffle of judicial notices, orders and announcements required by law to be published within its jurisdiction, thus:

"There is no question that the Southern Tagalog Herald is a duly authorized publication which circulates within the CALABARZON area and had been already accredited in the provinces of Cavite and Laguna. It has been in operation for almost two years now having its regular subscribers in the province of Quezon.

"The only issue needing judicial determination is whether the petitioner failed to comply with Sec. 1 of PD No. 1079 insofar as the situs of the principal place of business and printing equipment of the petitioner are concerned.

"After a thorough perusal of the evidence presented by the contending parties, the court is of the considered view that the intendment of PD 1079 is not to limit the operation of publications either by reasons of their principal place of business or by the location of their printing equipment, but rather to serve the general public in the proper dissemination of information.

"In this case, the accreditation of the Southern Tagalog Herald for purposes of public information will encourage fair competition and equal opportunity to publish notices considering the numerous cases and incidents needing publication to inform the general public.

"WHEREFORE, the petition for accreditation of the Southern Tagalog Herald thru its publisher is hereby granted, with the condition that failure to supply the court and its branches copies of the newspaper for three (3) consecutive issues and to name its duly authorized representative/s to attend the weekly raffle of cases shall automatically result in the cancellation of its accreditation.

"The Clerk of Court is hereby ordered to include the newspaper Southern Tagalog Herald in the list of accredited newspapers entitled to participate in the raffle of legal and judicial notices required by law to be published within the jurisdiction of this court.

"SO ORDERED." [4] cralaw

Petitioner filed a motion for reconsideration but was denied by the trial court in an Order dated April 24, 1998. [5] cralaw

Hence, this petition for certiorari [6] cralaw imputing grave abuse of discretion to the trial court in issuing its Orders of October 22, 1997 and April 24, 1998.

In her comment, [7] cralaw respondent Mallari maintains that the trial judge, in issuing the assailed Orders, did not act with grave abuse of discretion. She claims that the issue raised by petitioner involves merely an error of judgment correctible by appeal, not by certiorari.

During the pendency of this case, this Court promulgated an En Banc Resolution on October 16, 2001 in A.M. No. 01-1-07-SC, entitled "Guidelines In The Accreditation Of Newspapers And Periodicals Seeking To Publish Judicial And Legal Notices And Other Similar Announcements And In The Raffle Thereof," which provides:

"The concern has been expressed by various sectors that despite circulars and other issuances of the Supreme Court, there remain variances in the application and implementation by the Executive Judges of the Regional Trial Courts of the provisions of Presidential Decree No. 1079 (Revising and Consolidating All Laws and Decrees Regulating the Publication of Judicial Notices, Advertisements for Public Biddings, Notices of Auction Sales and Other Similar Notices). To ensure uniform compliance with the said law and to protect the interests of the public, in general, and of the litigants, in particular, the following guidelines are set forth for all concerned:

"I. Accreditation

"Sec. 1. Scope of application. - These Guidelines apply only in cases where judicial or legal notices are to be published in newspapers or periodicals that are of general circulation in a particular province or city.

xxx

"Sec. 6. Evaluation and approval of applications. - An application for accreditation shall be evaluated and approved by the Executive Judge of the Regional Trial Court having administrative supervision over the courts whose orders are to be published, taking into consideration the following criteria:

xxx

"VI. Appeal

"Sec. 17. Appeal to the Office of the Court Administrator. - Appeals in the grant and denial of accreditation or in the suspension or revocation of accreditation may be brought before the Office of the Court Administrator by the aggrieved party. The decision of the Court Administrator shall be final.

"The Guidelines prescribed in this Resolution shall take effect on November 7, 2001 after fifteen (15) days following its publication in two (2) newspapers of general circulation." (Emphases supplied)

Pursuant to Section 17 quoted above, petitioner should have interposed an appeal to the Office of the Court Administrator, instead of filing with this Court this petition for certiorari.

WHEREFORE, the instant petition is REFERRED to the Office of the Court Administrator for appropriate action with dispatch.

SO ORDERED.

Very truly yours,

(Sgd.)JULIETA Y. CARREON
Clerk of Court


Endnotes:

[1] cralaw Entitled "In Re: Accreditation Of The Southern Tagalog Herald To Publish Legal And Judicial Notices And Orders."

[2] cralaw A Joint Opposition was filed by the accredited publishers of Lucena City on February 25, 1997 (Rollo at 11-12).

[3] cralaw Entitled "REVISING AND CONSOLIDATING ALL LAWS AND DECREES REGULATING THE PUBLICATION OF JUDICIAL NOTICES, ADVERTISEMENTS FOR PUBLIC BIDDINGS, NOTICES OF AUCTION SALES AND OTHER SIMILAR NOTICES."

[4] cralaw Rollo at 13-14.

[5] cralaw Id. at 22.

[6] cralaw Filed on June 29, 1998 under Rule 65 of the 1997 Revised Rules of Civil Procedure, as amended.

[7] cralaw Rollo at 24.


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