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[A.C. No. 1302.February 12, 2002]
VALENCIA vs. ATTY. CABANTING
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 12 2002.
A.C. No. 1302(Paulino Valencia vs. Atty. Arsenio Fer Cabanting.)
A.C. No. 1391 (Constancia L. Valencia vs. Atty. Dionisio C. Antiniw)
A.C. No. 1543 (Lydia Bernal vs. Atty. Dionisio C. Antiniw)
The Court, in its decision, dated 26 April 1991 [1] cralaw disbarred Dionisio Antiniw from the practice of law.
On 03 July 2001, Amadeo R. Perez, Jr., Mayor of Urdaneta City, Pangasinan, wrote a letter to the Civil Service Commission ("CSC") seeking clarification on whether a disbarred law practitioner may qualify for the position of City Administrator.In reply thereto, Violeta Nepal Mendoza, CSC Director II, rendered an opinion; viz:
"Under the Qualification Standards Manual, the qualification requirements for the position of City Administrator are as follows:
"1.������� Bachelor's degree preferably in Public Administration, Law or any related course;
"2.������� 5 years experience in management and administration work;
"3.������� First grade or its equivalent;
"4.������� Filipino citizenship, of good moral character and a resident of the municipality.
"In view of the foregoing, this Office opines that a person who is disbarred cannot be appointed to the City Administrator position.He does not meet the requirements of the position."
Dionisio Antiniw then sought the legal opinion of CSC Director Florencio Gabriel of the Legal Affairs on "the correct interpretation and application of the phrase 'a first grade civil service eligible or its equivalent,' in relation to the provisions of Section 480 of the Local Government Code, setting forth the qualifications of a Provincial or City Administrator".
In a letter, dated 24 August 2001, CSC Assistant Commissioner Jesse Caberoy made a query to the Office of the Chief Justice on, particularly, Antiniw's qualifications for the position of City Administrator.On 20 September 2001, Antiniw himself wrote a letter to the Office of the Chief Justice on the same subject.
Section 1, Article 8, of the Constitution provides that -
"Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on part of any branch or instrumentality of the government."
The Court can only thus resolve actual controversies brought before it, and it will thus refrain from rendering advisory opinions.
WHEREFORE, the Court NOTES (a) the letter, dated 24 August 2001, of CSC Assistant Commissioner Jesse Caberoy and (b) letter of 20 September 2001 of Mr. Dionisio Antiniw, and DIRECTS the Clerk of Court to furnish Assistant Commissioner Caberoy and Mr. Antiniw with a copy of this resolution.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
Endnotes:
[1] cralaw 196 SCRA 302.
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