Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1984 > June 1984 Decisions > G.R. No. L-46175 June 29, 1984 - AGUEDO F. AGBAYANI, ET AL. v. ROMEO D. MAGAT, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-46175. June 29, 1984.]

AGUEDO F. AGBAYANI, as Provincial Governor of Pangasinan, the PROVINCIAL COMPLAINTS COMMITTEE and MANUEL F. MANUEL, Chairman, Petitioners, v. JUDGE ROMEO D. MAGAT of the Court of First Instance of Pangasinan, Branch XI and VICTORIANO M. SEVILLEJA, Respondents.

Antonio Coronel, for Petitioners.

Simplicio M. Sevilleja for Respondents.


SYLLABUS


1. REMEDIAL LAW; SPECIAL CIVIL ACTIONS; CERTIORARI; GRAVE ABUSE OF DISCRETION; ABSENCE THEREOF IN CASE AT BAR. — Sevilleja contends that his acquittal by the Sandiganbayan on the ground of reasonable doubt of attempted estafa rendered this petition for certiorari and prohibition and the administrative case against him moot and academic because the character in the Sandiganbayan was predicated on the same averments alleged in the administrative case. After a conscientious study of the record, we hold that Governor Agbayani and Chairman Manuel of the Provincial Complaints Committee have no cause of action for certiorari and prohibition. Judge Magat acted within his jurisdiction and did not act with grave abuse of discretion in issuing the restraining order of May 17, 1977 which ordered the reinstatement of Sevilleja against whom the governor had filed administrative complaint and whom the latter suspended for a period of ninety days.


D E C I S I O N


AQUINO, J.:


This case is about the suspension by Governor Aguedo F. Agbayani of Victoriano M. Sevilleja as provincial engineer of Pangasinan.

On October 1, 1976, Governor Agbayani filed with the Provincial Complaints Committee a complaint against Sevilleja for alleged disobedience, grave misconduct, dishonesty and grave insubordination. Three days later, the governor suspended Sevilleja for a period of ninety days.

On October 6, 1976, Sevilleja filed an action for certiorari, prohibition and mandamus wherein he assailed the order of suspension. The petition was dismissed in this Court’s resolution of May 17, 1977 in L-44735, Sevilleja v. Agbayani.

On November 17, 1976, Sevilleja filed in the Court of First Instance of Pangasinan (Civil Case No. 15284) a petition for prohibition against the Provincial Complaints Committee and its chairman, Manuel F. Manuel, to restrain the administrative investigation. Governor Agbayani was later included as Respondent.

On May 17, 1977, Judge Romeo D. Magat issued a preliminary mandatory injunction ordering the reinstatement of Sevilleja. That order was assailed by Governor Agbayani in the herein certiorari and prohibition case which he and Manuel’s committee filed on May 24, 1977.

After the submission of comments, this Court in its resolution of November 27, 1978 dismissed the petition for lack of interest of Agbayani and Manuel and lifted its restraining order enjoining the enforcement of Judge Magat’s order of May 17, 1977 for Sevilleja’s reinstatement.

However, upon motion for reconsideration by Agbayani and Manuel, said resolution was reconsidered and the case was set for oral argument. The parties were granted sixty days to submit a compromise agreement. No compromise was reached.

On August 26, 1981, the Sandiganbayan rendered a decision acquitting on the ground of reasonable doubt Sevilleja and one Leonardo Abule of attempted estafa. Sevilleja contends that said acquittal rendered this case and the administrative case moot and academic because the charge in the Sandiganbayan was predicated on the same averments alleged in the administrative case which involves Sevilleja’s alleged purchase of 24 bailey panels of inferior quality for use in the renovation of the Braganza bridge.

After a conscientious study of the record, we hold that Governor Agbayani and Manuel have no cause of action for certiorari and prohibition. Judge Magat acted within his jurisdiction and did not act with grave abuse of discretion in issuing order of preliminary mandatory injunction of May 17, 1977. (As amended by Resolution of August 20, 1984).

WHEREFORE, the petition is dismissed. The restraining order of May 27, 1977 is lifted. Costs against the petitioners.

SO ORDERED.

Concepcion, Jr., Escolin, Gutierrez, Jr. and Cuevas, JJ., concur.

Makasiar, Guerrero and Abad Santos, JJ., took no part.

Gutierrez, Jr., J., was designated to sit in the Second Division.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





June-1984 Jurisprudence                 

  • G.R. No. L-32701 June 19, 1984 - PEOPLE OF THE PHIL. v. RUFINEO L. DEJARESCO, ET AL.

  • G.R. No. L-45363 June 19, 1984 - EMILIANO DULAOGON v. JUAN PONCE ENRILE, ET AL.

  • G.R. No. L-49959 June 19, 1984 - UNITED RCPI COMMUNICATIONS LABOR ASSOCIATION — FUR v. AMADO GAT INCIONG, ET AL.

  • G.R. No. 63154 June 19, 1984 - PEOPLE OF THE PHIL. v. SUKARNO K. MAWALLIL

  • A.C. No. 2093 June 22, 1984 - CALIXTO YAP v. BENJAMIN SOMERA

  • G.R. No. L-33397 June 22, 1984 - ROMEO F. EDU, ET AL. v. AMADOR E. GOMEZ, ET AL.

  • G.R. No. L-33436 June 22, 1984 - JOSE E. ONG v. COURT OF APPEALS, ET AL.

  • G.R. No. L-39384 June 22, 1984 - PABLO GARBO v. COURT OF APPEALS, ET AL.

  • G.R. No. L-42007 June 22, 1984 - MARIA B. DIAZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 52760 June 22, 1984 - PIER TWO ARRASTRE SERVICES CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 55739 June 22, 1984 - CARLO LEZAMA BUNDALIAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 56232 June 22, 1984 - ABELARDO CRUZ, ET AL. v. LEODEGARIA CABANA, ET AL.

  • G.R. No. 56378 June 22, 1984 - NATIONAL POWER CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 57499 June 22, 1984 - MERCEDES CALIMLIM-CANULLAS v. WILLELMO FORTUN, ET AL.

  • G.R. No. 58818 June 22, 1984 - PEOPLE OF THE PHIL. v. ROSARIO JAMES P. TUMALIUAN

  • G.R. No. 58867 June 22, 1984 - DIRECTOR OF LANDS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 61652 June 22, 1984 - PEOPLE OF THE PHIL. v. ALEJANDRO IBASAN, SR., ET AL.

  • G.R. No. 62275 June 22, 1984 - CLARITA V. TANKIANG SANCHEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 64164 June 22, 1984 - PEOPLE OF THE PHIL. v. ALEJANDRO BANAYO

  • G.R. No. 64515 June 22, 1984 - R & B SURETY & INSURANCE CO., INC. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-65762 June 23, 1984 - JOSE FRIAS, JR., ET AL. v. PEOPLE OF THE PHIL.

  • Adm. Case No. 1468 June 25, 1984 - JUAN RAMIREZ v. ROMULO A. SALAZAR

  • G.R. No. L-32049 June 25, 1984 - MATAAS NA LUPA TENANTS ASS’N., INC., ET AL. v. CARLOS DIMAYUGA, ET AL.

  • G.R. No. L-38401 June 25, 1984 - PEOPLE OF THE PHIL. v. LEONARDO ALAMO, ET AL.

  • G.R. No. L-61744 June 25, 1984 - MUNICIPALITY OF SAN MIGUEL, BULACAN v. OSCAR C. FERNANDEZ

  • G.R. No. L-63452 June 25, 1984 - PEOPLE OF THE PHIL. v. GIL BIHASA

  • G.R. No. L-64165 June 25, 1984 - PEOPLE OF THE PHIL. v. ROBERTO VILLANUEVA

  • G.R. Nos. L-23109 & L-23110 June 29, 1984 - PEOPLE OF THE PHIL. v. REALINO ZEA

  • G.R. No. L-25723 June 29, 1984 - DIRECTOR OF LANDS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-26827 June 29, 1984 - AGAPITO GUTIERREZ v. CAPITAL INSURANCE & SURETY CO., INC.

  • G.R. No. L-30266 June 29, 1984 - UNIVERSAL RUBBER PRODUCTS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-30892 June 29, 1984 - PEOPLE OF THE PHIL. v. LUIS FORMENTERA, ET AL.

  • G.R. No. L-35775 June 29, 1984 - PEOPLE OF THE PHIL. v. DIOSDADO EGOT

  • G.R. No. L-35833 June 29, 1984 - SUSANA DE LA CERNA LAINGO, ET AL. v. DAMIAN CAMILO, ET AL

  • G.R. No. L-36461 June 29, 1984 - PEOPLE OF THE PHIL. v. HERNANDO DIO

  • G.R. No. L-36941 June 29, 1984 - PEOPLE OF THE PHIL. v. RAFAEL SAYLAN

  • G.R. Nos. L-38468-69 June 29, 1984 - PEOPLE OF THE PHIL. v. LORENZO B. TUVERA

  • G.R. No. L-46175 June 29, 1984 - AGUEDO F. AGBAYANI, ET AL. v. ROMEO D. MAGAT, ET AL.

  • G.R. Nos. L-48019-22 June 29, 1984 - PEOPLE OF THE PHIL. v. LEONARDO BASAS, ET AL.

  • G.R. No. L-48625 June 29, 1984 - PEOPLE OF THE PHIL. v. CHARLIE AGRIPA

  • G.R. No. L-48744 June 29, 1984 - PEOPLE OF THE PHIL. v. FRANCISCO CENTENO

  • G.R. No. L-49320 June 29, 1984 - FJR GARMENTS INDUSTRIES v. COURT OF APPEALS, ET AL.

  • G.R. No. L-53337 June 29, 1984 - AMERICAN WIRE & CABLE WORKERS UNION (TUPAS) v. NLRC, ET AL.

  • G.R. No. L-53924 June 29, 1984 - M & M MANAGEMENT AIDS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-60219 June 29, 1984 - BIENVENIDO AMISTOSO v. SENECIO ONG, ET AL.

  • G.R. Nos. L-61323-24 June 29, 1984 - RICHARD C. HOEY v. PROVINCIAL FISCAL OF RIZAL, ET AL.

  • G.R. No. L-61337 June 29, 1984 - AURORA P. CAPULONG, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-62979 June 29, 1984 - ISIDRO REPEQUE v. GREGORIO U. AQUILIZAN

  • G.R. No. L-64849 June 29, 1984 - PEOPLE OF THE PHIL. v. ISAGANI ROYERAS

  • G.R. No. L-64951 June 29, 1984 - PEOPLE OF THE PHIL. v. EMILIO AGAG, ET AL.

  • G.R. No. L-65165 June 29, 1984 - PEOPLE OF THE PHIL. v. FIDEL MATEO, ET AL.

  • G.R. No. L-65622 June 29, 1984 - LEONIDES C. PENGSON v. INTERMEDIATE APPELLATE COURT, ET AL.