Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1988 > March 1988 Decisions > A.C. No. 2756 March 15, 1988 - PRUDENTIAL BANK v. JOSE P. CASTRO, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[A.C. No. 2756. March 15, 1988.]

PRUDENTIAL BANK, Complainant, v. JUDGE JOSE P. CASTRO and ATTY. BENJAMIN M. GRECIA, Respondents.


R E S O L U T I O N


PER CURIAM:


Acting on the "Petition for Redress and Exoneration and for Voluntary Inhibition" filed by respondent Benjamin M. Grecia himself, dated February 8, 1988, praying that the decision of November 12, 1987, and the resolution of the denial of the motion for reconsideration of the said decision be set aside and a new one entered by this Court dismissing the administrative complaint and exonerating the respondent, the Court RESOLVED (1) the EXPUNGE said Petition, it being in the nature of a second motion for reconsideration filed without leave of Court, besides the fact that the first motion for reconsideration filed by the same respondent had already been denied with finality on January 12, 1988; (2) to STRIKE OUT Annex "1" of the Petition and its exclosures, Annex "1" being a xerox copy of a letter dated 04 August 1986 written by Judge Dionisio N. Capistrano to an unknown addressee, for being immaterial and impertinent to this case for disbarment (Sec. 5, Rule 9, Rules of Court). The Court will not allow the filing of such kinds of Petitions/Annexes that are not only irrelevant to the issue and presented out of time as hereinafter explained, but are also scurrilous and defamatory.

Certain points raised in the Petition, however, can for separate treatment and determination.

1) The "Petition for Voluntary Inhibition" of Chief Justice Claudio Teehankee and Justice Teodoro R. Padilla is DENIED there being no legal nor factual basis therefor. It is settled jurisprudence that after a member has given an opinion on the merits of the case, a motion to disqualify a member of the Supreme Court cannot be considered because a litigant cannot be permitted to speculate upon the action of the Court and raise an objection of this sort after decision has been rendered (Araneta v. Dinglasan, 84 Phil. 368, citing Government of the Philippine Islands v. Heirs of Abella, 49 Phil. 374).

The decision to disbar respondent lawyer was the collective judgment of the Court, with the exception of Justice Sarmiento who had inhibited himself, with no member in the least bit attempting to influence one or the other. In fairness to the Chief Justice, and to disabuse the fears and suspicions of respondent Grecia, it should be made of record that at no time during the deliberations on the case did the Chief Justice show any illwill nor any signs of "vindictiveness" much less any attempt to "exact vengeance for past affront" against respondent lawyer. All discussions were characterized by judicial objectivity dictated only by the highest interests of the profession and public welfare.

Similarly, the plea for the inhibition of Justice Padilla has to be DENIED for being devoid of any valid reason. Justice Padilla was counsel for Cityland Development Corporation in the case of Manchester Development Corporation, Et. Al. v. Court of Appeals, Cityland Development Corporation, Et. Al. (G.R. No. 75919, May 7, 1987, 149 SCRA 562), for which reason he took no part in the said suit. Cityland, however, is not a party in this administrative case.

2) The challenge huried against this Court’s decision as violative of the 1987 Constitution due to lack of certification by the Chief Justice that the conclusions of the Court were reached in consultation before the case was assigned to a member for the writing of the opinion of the Court, is bereft of basis. The certification requirement refers to decisions in judicial, not administrative cases. From the very beginning, resolutions/decisions of the Court in administrative cases have not been accompanied by any formal certification. In fact, such a certification would be a superfluity in administrative cases, which by their very nature, have to be deliberated upon considering the collegiate composition of this Court. The certification in AM No. R-510-P entitled "Apolinario de Sarigumba v. Deputy Sheriff Pasok," cited in the Petition, is but an oversight.

But even if such a certification were required, it is beyond doubt that the conclusions of the Court in its decision were arrived at after consultation and deliberation. The signatures of the members who actually took part in the deliberations and voted attest to that. Besides, being a per curiam decision, or an opinion of the Court as a whole, there is no ponente although any member of the Court may be assigned to write the draft. In such cases, a formal certification is obviously not required.

3) No constitutional provision has been disregarded either in the Court’s Minute Resolution, dated January 12, 1988, denying the motion for reconsideration "for lack of merit, the issues raised therein having been previously duly considered and passed upon." It bears repeating that this is an administrative case so that the Constitutional mandate that "no . . . motion for reconsideration of a decision of the court shall be . . . denied without stating the legal basis therefor" is inapplicable. And even if it were, said Resolution stated the legal basis for the denial and, therefore, adhered faithfully to the Constitutional requirement. "Lack of merit," which was one of the grounds for denial, is a legal basis (see Sec. 3, Rule 45).

SO ORDERED.

Yap, Fernan, Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, Bidin, Cortes and Griño-Aquino, JJ., concur,.

Sarmiento, J., no part.

Separate Opinions


TEEHANKEE, J., concurring:chanrob1es virtual 1aw library

As the Court’s unanimous Resolution states, respondents’ so-called petition for redress dated February 8, 1988 (in effect a second motion, filed without leave of Court, for reconsideration of the disbarment decision of November 12, 1987 and the Resolution of January 12, 1988 denying reconsideration) has been filed out of time and has been expunged. Aside from the fact that the petition for my voluntary inhibition is devoid of factual and legal basis, there is nothing left before the Court for determination on the merits. Be that as it may, I had refrained from taking part in the deliberation on this incident and had wanted to abstain even as a beau geste but submitted the question to the judgment of my peers. Bowing to their collective judgment against my inhibition, I herewith express my full concurrence with the Court’s action.

PADILLA, J., concurring:chanrob1es virtual 1aw library

I concur. In addition, I wish to make this brief statement. I do not personally know respondent Benjamin M. Grecia. As far as my memory can recall, I have not dealt with said respondent, personally or professionally at any time. There is therefore absolutely no basis for respondent’s claim that I have acted with bias or prejudice against his cause.

In Manchester Development Corporation, Et Al., Petitioners, v. Court of Appeals, City Land Development Corporation, Et Al., Respondents, G.R. No. 75919, I took no part simply because I was a retained counsel of the respondent City Land Development Corporation before my appointment to the Court. In this administrative case, I have not been related, personally or professionally, with any party or counsel. There is thus absolutely no reason for me not to take part in this case. In fact, I consider it a part of my sworn duty to take part therein since there is absolutely no legal, moral or ethical ground which would justify my inhibition.




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





March-1988 Jurisprudence                 

  • G.R. No. L-59118 March 3, 1988 - JUAN DIZON, ET AL. v. VICENTE EDUARDO, ET AL.

  • G.R. No. L-24054 March 7, 1988 - IN RE: MARTIN NG

  • A.C. No. 140-J March 8, 1988 - AMBROSIO SABAYLE v. TEODULO C. TANDAYAG, ET AL.

  • G.R. No. L-62089 March 9, 1988 - PASCUAL MENDOZA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-38999 March 9, 1988 - OSCAR HONORIO v. GABRIEL DUNUAN

  • G.R. No. L-37707 March 9, 1988 - PEOPLE OF THE PHIL. v. MARIQUITA J. CAPARAS, ET AL.

  • A.M. No. R-612-MTJ March 10, 1988 - ARNULFO F. LIM, ET AL. v. SIXTO S. SEGUIBAN

  • G.R. No. 78470 March 11, 1988 - PEOPLE OF THE PHIL. v. CARLOS DE LA CRUZ

  • G.R. No. 34313 March 11, 1988 - SALVADOR ASCALON, ET v. COURT OF APPEALS, ET AL.

  • G.R. No. 77188 March 14, 1988 - CELSO BONGAY, ET AL. v. CONCHITA J. MARTINEZ

  • G.R. No. L-57204 March 14, 1988 - FORTUNATO BORRE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-56613 March 14, 1988 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. L-55222 March 14, 1988 - LILIA CAÑETE, ET AL. v. GABRIEL BENEDICTO

  • G.R. No. L-53194 March 14, 1988 - PHILIPPINE NATIONAL BANK v. ROMULO S. QUIMPO, ET AL.

  • G.R. No. L-47398 March 14, 1988 - PEOPLE OF THE PHIL. v. MARTIN CAYAGO, ET AL.

  • G.R. No. L-42964 March 14, 1988 - PEOPLE OF THE PHIL. v. FRANCISCO ESCABARTE, ET AL.

  • G.R. No. L-39383 March 14, 1988 - PEOPLE OF THE PHIL. v. CATALINO B. GUTIERREZ, JR.

  • G.R. No. 77194 March 15, 1988 - VIRGILIO GASTON, ET AL. v. REPUBLIC PLANTERS BANK, ET AL.

  • G.R. No. 74122 March 15, 1988 - GUILLERMO NACTOR, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • A.C. No. 2756 March 15, 1988 - PRUDENTIAL BANK v. JOSE P. CASTRO, ET AL.

  • G.R. No. 77869 March 16, 1988 - EMILIO ENRIQUEZ v. FORTUNA MARICULTURE CORPORATION

  • G.R. No. L-61553 March 16, 1988 - PONCIANO ESMERIS v. RODOLFO A. ORTIZ

  • G.R. No. L-52824 March 16, 1988 - REYNALDO BAUTISTA v. AMADO C. INCIONG, ET AL.

  • G.R. No. L-48594 March 16, 1988 - GENEROSO ALANO v. EMPLOYEES’ COMPENSATION COMMISSION

  • G.R. No. L-48157 March 16, 1988 - RICARDO QUIAMBAO v. ADRIANO OSORIO, ET AL.

  • G.R. No. L-47148 March 16, 1988 - PEOPLE OF THE PHIL. v. FABIAN QUILO

  • G.R. No. L-41358 March 16, 1988 - ABELARDO APORTADERA, SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-39083 March 16, 1988 - PEOPLE OF THE PHIL. v. BENJAMIN ANIÑON

  • G.R. No. L-36388 March 16, 1988 - COMMISSION ON ELECTIONS v. MANUEL V. ROMILLO, JR.

  • G.R. No. L-36220 March 16, 1988 - REPUBLIC OF THE PHIL, ET AL. v. FRANCISCO MA. CHANCO

  • G.R. No. L-36136 March 16, 1988 - PEOPLE OF THE PHIL. v. AVELINO B. ISAAC

  • G.R. No. L-28141 March 16, 1988 - HONORATA B. MANGUBAT v. ANTONIO J. VILLEGAS

  • G.R. No. L-75160 March 18, 1988 - LEONOR FORMILLEZA v. SANDIGANBAYAN

  • G.R. No. L-54159 March 18, 1988 - REPUBLIC OF THE PHILIPPINES v. GLICERIO V. CARRIAGA, JR.

  • G.R. No. L-53776 March 18, 1988 - SILVESTRE CAÑIZA v. PEOPLE OF THE PHIL.

  • G.R. No. L-34959 March 18, 1988 - PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK v. COURT OF APPEALS

  • G.R. No. L-34500 March 18, 1988 - MOISES OLIVARES v. CARLOS V. GONZALES

  • G.R. No. L-33924 March 18, 1988 - MARIA BALAIS v. BUENAVENTURA BALAIS

  • A.M. No. R-66-RTJ March 18, 1988 - CONSOLIDATED BANK AND TRUST CORPORATION v. DIONISIO M. CAPISTRANO

  • G.R. No. L-80879 March 21, 1988 - HONORIO SAAVEDRA, JR. v. SECURITIES AND EXCHANGE COMMISSION

  • G.R. No. L-73380 March 21, 1988 - MARTE SACLOLO v. INTERMEDIATE APPELLATE COURT

  • G.R. Nos. L-72335-39 March 21, 1988 - FRANCISCO S. TATAD v. SANDIGANBAYAN

  • G.R. No. L-63155 March 21, 1988 - PEOPLE OF THE PHIL. v. CASTULO CORECOR

  • G.R. No. L-45785 March 21, 1988 - EDUARDO LAGINLIN v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-35506 March 21, 1988 - CHRISTOFER TEJONES v. LEOPOLDO B. GIRONELLA

  • G.R. No. L-71413 March 21, 1988 - D.M. CONSUNJI, INC. v. SEVERO M. PUCAN

  • G.R. No. L-82082 March 25, 1988 - INSULAR BANK OF ASIA AND AMERICA v. EPIFANIA SALAZAR

  • G.R. No. L-78671 March 25, 1988 - TIRZO VINTOLA v. INSULAR BANK OF ASIA AND AMERICA

  • G.R. Nos. L-77850-51 March 25, 1988 - JUAN L. DUNGOG v. COURT OF APPEALS

  • G.R. No. L-75390 March 25, 1988 - PEOPLE OF THE PHIL. v. DANILO VALDEZ

  • G.R. No. L-74331 March 25, 1988 - REPUBLIC OF THE PHILIPPINES v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-74211 March 25, 1988 - P.E. DOMINGO & CO., INC. v. REMIGIO E. ZARI

  • G.R. No. L-73564 March 25, 1988 - CORNELIA CLANOR VDA. DE PORTUGAL v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-73534 March 25, 1988 - PEOPLE OF THE PHIL. v. FEDERICO ROSARIO

  • G.R. No. L-71122 March 25, 1988 - COMMISSIONER OF INTERNAL REVENUE v. ARNOLDUS CARPENTRY SHOP, INC.

  • G.R. No. L-57268 March 25, 1988 - MANILA MIDTOWN COMMERCIAL CORP. v. NUWHRAIN (Ramada Chapter)

  • G.R. No. L-52008 March 25, 1988 - LEONOR G. CASTILLO v. COURT OF APPEALS

  • G.R. No. L-51777 March 25, 1988 - PEOPLE OF THE PHIL. v. RODOLFO B. MUSTACISA

  • G.R. No. L-45772 March 25, 1988 - PEOPLE OF THE PHIL. v. EDUARDO MONTENEGRO

  • G.R. No. L-44587 March 25, 1988 - AMADO BUENAVENTURA v. COURT OF APPEALS

  • G.R. No. L-41970 March 25, 1988 - CENON MEDELO v. NATHANAEL M. GOROSPE

  • G.R. No. L-31245 March 25, 1988 - PEOPLE OF THE PHIL. v. CLARO LAURETA, JR.

  • G.R. No. L-30240 March 25, 1988 - REPUBLIC OF THE PHILIPPINES v. JAIME DE LOS ANGELES

  • G.R. No. L-77049 March 28, 1988 - MANUEL B. OSIAS v. JAIME N. FERRER

  • G.R. No. L-74992 March 28, 1988 - HEIRS OF LUISA VALDEZ v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-74799 March 28, 1988 - PEOPLE OF THE PHIL. v. VIVENCIO D. TUAZON

  • G.R. No. L-73451 March 28, 1988 - JUANITA YAP SAY v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-47203 March 28, 1988 - LUCIO MUTIA v. COURT OF APPEALS

  • G.R. No. L-39810 March 28, 1988 - CARLOS LLORAÑA v. TOMAS LEONIDAS

  • G.R. No. L-38569 March 28, 1988 - B.F. GOODRICH PHILIPPINES, INC. v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-35696 March 28, 1988 - ARSENIO OFRECIO v. TOMAS LISING

  • G.R. No. L-34568 March 28, 1988 - RODERICK DAOANG v. MUNICIPAL JUDGE, SAN NICOLAS, ILOCOS NORTE

  • G.R. No. L-34492 March 28, 1988 - MIGUEL GUERRERO v. AUGUSTO M. AMORES

  • G.R. No. L-32339 March 29, 1988 - PHOENIX PUBLISHING HOUSE, INC. v. JOSE T. RAMOS

  • G.R. No. L-76185 March 30, 1988 - WARREN MANUFACTURING WORKERS UNION v. BUREAU OF LABOR RELATIONS

  • G.R. No. L-59913 March 30, 1988 - NATIONAL HOUSING AUTHORITY v. MANUEL E. VALENZUELA

  • G.R. No. L-50884 March 30, 1988 - PEOPLE OF THE PHIL. v. FILOMENO SALUFRANIA

  • G.R. No. L-50320 March 30, 1988 - PHILIPPINE APPAREL WORKERS UNION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. L-49536 March 30, 1988 - PEOPLE OF THE PHIL. v. FELIX RESAYAGA

  • G.R. No. L-45770 March 30, 1988 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS

  • G.R. No. L-34672 March 30, 1988 - UNITED CHURCH BOARD FOR WORLD MINISTRIES v. ALEJANDRO E. SEBASTIAN

  • G.R. No. L-33492 March 30, 1988 - PEOPLE OF THE PHIL. v. EFREN MERCADO

  • G.R. No. L-26348 March 30, 1988 - TRINIDAD GABRIEL v. COURT OF APPEALS