G.R. No. 191616 April 18, 2016
G.R. No. 191616 April 18, 2016
Stronghold Insurance Company Inc. vs Cuenca
G.R. No. 173297 March 6, 2013
Facts: On January 19, 1998, Marañon filed a complaint in the RTC against the Cuencas for the collection of a sum of money and damages. His complaint, docketed as Civil Case No. 98-023, included an application for the issuance of a writ of preliminary attachment. On January 26, 1998, the RTC granted the application for the issuance of the writ of preliminary attachment conditioned upon the posting of a bond of P1,000,000.00 executed in favor of the Cuencas. Less than a month later, Marañon amended the complaint to implead Tayactac as a defendant. On February 11, 1998, Marañon posted SICI Bond No. 68427 JCL (4) No. 02370 in the amount of P1,000,000.00 issued by Stronghold Insurance. Two days later, the RTC issued the writ of preliminary attachment. The sheriff served the writ, the summons and a copy of the complaint on the Cuencas on the same day. The service of the writ, summons and copy of the complaint were made on Tayactac on February 16, 1998.
Issue: Whether or not the respondents have the legal standing to sue petitioner for the recovery of the attached properties and damages.
Held: No. To ensure the observance of the mandate of the Constitution, Section 2, Rule 3 of the Rules of Court requires that unless otherwise authorized by law or the Rules of Court every action must be prosecuted or defended in the name of the real party in interest. Under the same rule, a real party in interest is one who stands to be benefited or injured by the judgment in the suit, or one who is entitled to the avails of the suit. Accordingly, a person , to be a real party in interest in whose name an action must be prosecuted, should appear to be the present real owner of the right sought to be enforced, that is, his interest must be a present substantial interest, not a mere expectancy, or a future, contingent, subordinate, or consequential interest.
Where the plaintiff is not the real party in interest, the ground for the motion to dismiss is lack of cause of action. The reason for this is that the courts ought not to pass upon questions not derived from any actual controversy. Truly, a person having no material interest to protect cannot invoke the jurisdiction of the court as the plaintiff in an action. Nor does a court acquire jurisdiction over a case where the real party in interest is not present or impleaded.
The purposes of the requirement for the real party in interest prosecuting or defending an action at law are: (a) to prevent the prosecution of actions by persons without any right, title or interest in the case; (b) to require that the actual party entitled to legal relief be the one to prosecute the action; (c) to avoid a multiplicity of suits; and (d) to discourage litigation and keep it within certain bounds, pursuant to sound public policy. Indeed, considering that all civil actions must be based on a cause of action, defined as the act or omission by which a party violates the right of another, the former as the defendant must be allowed to insist upon being opposed by the real party in interest so that he is protected from further suits regarding the same claim. Under this rationale, the requirement benefits the defendant because “the defendant can insist upon a plaintiff who will afford him a setup providing good res judicata protection if the struggle is carried through on the merits to the end.”
The rule on real party in interest ensures, therefore, that the party with the legal right to sue brings the action, and this interest ends when a judgment involving the nominal plaintiff will protect the defendant from a subsequent identical action. Such a rule is intended to bring before the court the party rightfully interested in the litigation so that only real controversies will be presented and the judgment, when entered, will be binding and conclusive and the defendant will be saved from further harassment and vexation at the hands of other claimants to the same demand.
But the real party in interest need not be the person who ultimately will benefit from the successful prosecution of the action. Hence, to aid itself in the proper identification of the real party in interest, the court should first ascertain the nature of the substantive right being asserted, and then must determine whether the party asserting that right is recognized as the real party in interest under the rules of procedure. Truly, that a party stands to gain from the litigation is not necessarily controlling.
Given the separate and distinct legal personality of Arc Cuisine, Inc., the Cuenca’s and Tayactac lacked the legal personality to claim the damages sustained from the levy of the former’s properties. According to Asset Privatization Trust v. Court of Appeals, even when the foreclosure on the assets of the corporation was wrongful and done in bad faith the stockholders had no standing to recover for themselves moral damages; otherwise, they would be appropriating and distributing part of the corporation’s assets prior to the dissolution of the corporation and the liquidation of its debts and liabilities. Moreover, in Evangelista v. Santos, the Court, resolving whether or not the minority stockholders had the right to bring an action for damages against the principal officers of the corporation for their own benefit.
Bongalon vs People of the Philippines
G.R. No. 169533 March 20, 2013
Facts: The Prosecution showed that on May 11, 2002, Jayson Dela Cruz (Jayson) and Roldan, his older brother, both minors, joined the evening procession for the Santo Niño at Oro Site in Legazpi City; that when the procession passed in front of the petitioner’s house, the latter’s daughter Mary Ann Rose, also a minor, threw stones at Jayson and called him “sissy”; that the petitioner confronted Jayson and Roldan and called them names like “strangers” and “animals”; that the petitioner struck Jayson at the back with his hand, and slapped Jayson on the face; that the petitioner then went to the brothers’ house and challenged Rolando dela Cruz, their father, to a fight, but Rolando did not come out of the house to take on the petitioner; that Rolando later brought Jayson to the Legazpi City Police Station and reported the incident; that Jayson also underwent medical treatment at the Bicol Regional Training and Teaching Hospital; that the doctors who examined Jayson issued two medical certificates attesting that Jayson suffered the following contusions, to wit: (1) contusion .5 x 2.5 scapular area, left; and (2) +1×1 cm. contusion left zygomatic area and contusion .5 x 2.33 cm. scapular area, left. On his part, the petitioner denied having physically abused or maltreated Jayson. He explained that he only talked with Jayson and Roldan after Mary Ann Rose and Cherrylyn, his minor daughters, had told him about Jayson and Roldan’s throwing stones at them and about Jayson’s burning Cherrylyn’s hair. He denied shouting invectives at and challenging Rolando to a fight, insisting that he only told Rolando to restrain his sons from harming his daughters. To corroborate the petitioner’s testimony, Mary Ann Rose testified that her father did not hit or slap but only confronted Jayson, asking why Jayson had called her daughters “Kimi” and why he had burned Cherrlyn’s hair. Mary Ann Rose denied throwing stones at Jayson and calling him a “sissy.” She insisted that it was instead Jayson who had pelted her with stones during the procession. She described the petitioner as a loving and protective father.
Issues: Whether or not the proper remedy of the petitioner is via a petition for certiorari.
Whether or not petitioner is liable for child abuse.
Held: No. The special civil action for certiorari is intended for the correction of errors of jurisdiction only or grave abuse of discretion amounting to lack or excess of jurisdiction. Its principal office is only to keep the inferior court within the parameters of its jurisdiction or to prevent it from committing such a grave abuse of discretion amounting to lack or excess of jurisdiction. As observed in Land Bank of the Philippines v. Court of Appeals, et al. “the special civil action for certiorari is a remedy designed for the correction of errors of jurisdiction and not errors of judgment. The raison d’etre for the rule is when a court exercises its jurisdiction, an error committed while so engaged does not deprived it of the jurisdiction being exercised when the error is committed. If it did, every error committed by a court would deprive it of its jurisdiction and every erroneous judgment would be a void judgment. In such a scenario, the administration of justice would not survive. Hence, where the issue or question involved affects the wisdom or legal soundness of the decision–not the jurisdiction of the court to render said decision–the same is beyond the province of a special civil action for certiorari. The proper recourse of the aggrieved party from a decision of the Court of Appeals is a petition for review on certiorari under Rule 45 of the Revised Rules of Court.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and other Conditions Prejudicial to the Child’s Development. – (a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of prision mayor in its minimum period. x x x x
Child abuse, the crime charged, is defined by Section 3 (b) of Republic Act No. 7610, as follows:
Section 3. Definition of terms. – x x x x (b) “Child Abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.
The records did not establish beyond reasonable doubt that his laying of hands on Jayson had been intended to debase the “intrinsic worth and dignity” of Jayson as a human being, or that he had thereby intended to humiliate or embarrass Jayson. The records showed the laying of hands on Jayson to have been done at the spur of the moment and in anger, indicative of his being then overwhelmed by his fatherly concern for the personal safety of his own minor daughters who had just suffered harm at the hands of Jayson and Roldan. With the loss of his self-control, he lacked that specific intent to debase, degrade or demean the intrinsic worth and dignity of a child as a human being that was so essential in the crime of child abuse.
Callo-Claridad vs Esteban
G.R. No. 191567 March 20, 2013
Facts: Around 5:30 p.m. of February 27, 2007, Chase returned home from visiting his girlfriend, Ramonna Liza “Monnel” Hernandez. Around 7:00 p.m., Chase’s sister Ariane was sitting at the porch of their house when she noticed a white Honda Civic car parked along the street. Recognizing the driver to be Philip, Ariane waved her hand at him. Philip appeared nonchalant and did not acknowledge her gesture. Ariane decided to stay behind and leave with their house helpers, Marivic Guray and Michelle Corpus, only after Chase had left on board the white Honda Civic car. Marivic Rodriguez, a house helper of Shellane Yukoko, the resident of No. 9 Cedar Place, Ferndale Homes, was with her co-employee nanny Jennylyn Buri and the latter’s ward, Joei Yukoko, when they heard somebody crying coming from the crime scene: Help! Help! This was at about 7:30 p.m. Even so, neither of them bothered to check who had been crying for help. It was noted, however, that No. 10 Cedar Place, which was owned by one Mrs. Howard, was uninhabited at the time. Based on the initial investigation report of the Megaforce Security and Allied Services, Inc., the Estebans were illegally parking their cars at Mrs. Howard’s carport. The initial investigation report stated that the SGs would regularly remind the Estebans to use their own parking garage, which reminders had resulted in heated discussions and altercations. The SGs kept records of all the illegal parking incidents, and maintained that only the Estebans used the carport of No. 10 Cedar Place. Around 7:45 p.m., respondent Teodora Alyn Esteban (Teodora) arrived at Ferndale Homes on board a vehicle bearing plate XPN 733, as recorded in the subdivision SG’s logbook. At that time, three cars were parked at the carport of No. 10 Cedar place, to wit: a Honda CRV with plate ZAE 135 parked parallel to the Honda Civic with plate CRD 999, and another Honda Civic with plate JTG 333, the car frequently used by Philip, then parked diagonally behind the two cars. Some witnesses alleged that prior to the discovery of the Chase’s body, they had noticed a male and female inside the car bearing plate JTG 333 engaged in a discussion. At around 7:50 p.m., SG Abelardo Sarmiento Jr., while patrolling around the village, noticed that the side of the Honda Civic with plate JTG 333 had red streaks, which prompted him to move towards the parked cars. He inspected the then empty vehicle and noticed that its radio was still turned on. He checked the cars and discovered that the rear and side of the Honda Civic with plate CRD 999 were smeared with blood. He saw on the passenger seat a cellular phone covered with blood. It was then that he found the bloodied and lifeless body of Chase lying between the parallel cars. The body was naked from the waist up, with a crumpled bloodied shirt on the chest, and with only the socks on. SG Sarmiento called for back-up. SG Rene Fabe immediately barricaded the crime scene. Around 7:55 p.m., SG Solis received a phone call from an unidentified person who reported that a “kid” had met an accident at Cedar Place. SG Solis later identified and confirmed the caller to be “Mr. Esteban Larry” when the latter entered the village gate and inquired whether the “kid” who had met an accident had been attended to. Moreover, when SG Fabe and SG Sarmiento were securing the scene of the crime, they overheard from the radio that somebody had reported about a “kid” who had been involved in an accident at Cedar Place. SG Fabe thereafter searched the village premises but did not find any such accident. When SG Fabe got back, there were already several onlookers at the crime scene.
Issue: Whether or not the evidence is sufficient to charge the respondents of murder.
Held: No. For circumstantial evidence to be sufficient to support a conviction, all the circumstances must be consistent with one another and must constitute an unbroken chain leading to one fair and reasonable conclusion that a crime has been committed and that the respondents are probably guilty thereof. The pieces of evidence must be consistent with the hypothesis that the respondents were probably guilty of the crime and at the same time inconsistent with the hypothesis that they were innocent, and with every rational hypothesis except that of guilt. Circumstantial evidence is sufficient, therefore, if: (a) there is more than one circumstance, (b) the facts from which the inferences are derived have been proven, and (c) the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.
The records show that the circumstantial evidence linking Philip to the killing of Chase derived from the bare recollections of Ariane (sister of Chase), and of Guray and Corpus (respectively, the househelp and nanny in the household of a resident of the subdivision) about seeing Chase board the white Honda Civic at around 7:00 p.m. of February 27, 2007, and about Philip being the driver of the Honda Civic. But there was nothing else after that, because the circumstances revealed by the other witnesses could not even be regarded as circumstantial evidence against Philip. To be sure, some of the affidavits were unsworn. The statements subscribed and sworn to before the officers of the Philippine National Police (PNP) having the authority to administer oaths upon matters connected with the performance of their official duties undeniably lacked the requisite certifications to the effect that such administering officers had personally examined the affiants, and that such administering officers were satisfied that the affiants had voluntarily executed and understood their affidavits.
Thus, it is imperative that the circumstantial evidence that the victim was last seen in the company of respondent Philip must be established by competent evidence required by the rules in preliminary investigation. Here, it was allegedly Chase’s sister, Ariane, and their two household helpers, Marivic Guray and Michelle Corpus, who saw respondent Philip pick up Chase at around 7:00 o’clock in the evening of February 27, 2007. Yet, such fact from which the inference is derived was not duly proven. The statements of Marivic and Michelle both executed on February 28, 2007 were not sworn to before the proper officer.
Neither was the affidavit dated July 3, 2009 of Ariane Claridad duly notarized nor is there any explanation why the same was belatedly executed.
Office of the Ombudsman vs De Leon
G.R. No. 154083 February 27, 2013
Facts: Acting on a report of illegal quarrying being committed in the Municipality of Baras, Rizal, Graft Investigation Officer Dante D. Tornilla of the Fact Finding Investigation Bureau (FFIB) of the Office of the Ombudsman conducted an investigation pursuant to a mission order dated April 17, 1998. On June 8, 1998, Tornilla filed his report to Ombudsman Aniano Desierto, through Assistant Ombudsman Abelardo L. Aportadera, Jr. and Director Agapito B. Rosales, confirming the illegal quarrying. Tornilla recommended that a preliminary investigation be conducted against Baras Municipal Mayor Roberto Ferrera, Baras Municipal Planning and Coordinator Jonathan Llagas, and property owner Venancio Javier for the probable violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act); and that administrative proceedings for violations of the Civil Service Rules be also undertaken. In his report and recommendation dated July 13, 1998, DILG Resident Ombudsman Rudiger G. Falcis II sought the inclusion in the investigation of De Leon as the Provincial Environment and Natural Resources Officer (PENRO) and as concurrently the Chairman of the Provincial Mining Regulatory Board (PMRB) of Rizal. After the preliminary investigation, Graft Investigation Officer II Edgardo V. Geraldez of the FFIB, Office of the Ombudsman, issued a decision dated April 29, 1999, dismissing the complaint against all the respondents for lack of substantial evidence. However, Assistant Ombudsman Aportadera, Jr. recommended the disapproval of the said decision. Ombudsman Desierto approved the recommendation of Assistant Ombudsman Aportadera, Jr. The case was then referred to Atty. Sabino M. Cruz, Resident Ombudsman for the Department of Environment and Natural Resources (DENR), who ultimately submitted a memorandum on October 20, 1999, duly approved by the Ombudsman, finding De Leon liable for gross neglect of duty.
Issues: Whether or not respondent is liable for gross neglect of duty.
Whether or not the decisions of the Ombudsman is final and immediately executory.
Held: Yes. Gross neglect of duty or gross negligence “refers to negligence characterized by the want of even slight care, or by acting or omitting to act in a situation where there is a duty to act, not inadvertently but wilfully and intentionally, with a conscious indifference to the consequences, insofar as other persons may be affected. It is the omission of that care that even inattentive and thoughtless men never fail to give to their own property.” It denotes a flagrant and culpable refusal or unwillingness of a person to perform a duty. In cases involving public officials, gross negligence occurs when a breach of duty is flagrant and palpable.
In contrast, simple neglect of duty means the failure of an employee or official to give proper attention to a task expected of him or her, signifying a “disregard of a duty resulting from carelessness or indifference.
Conformably with these concepts, De Leon, given his rank and level of responsibility, was guilty of gross neglect in not performing the act expected of him as the PENRO under the circumstances obtaining. He was precisely assigned to perform tasks that imposed on him the obligation to do everything reasonably necessarily and permissible under the law in order to achieve the objectives of environmental protection. He could not feign ignorance of the Government’s current efforts to control or prevent environmental deterioration from all hazards, including uncontrolled mining and unregulated illegal quarrying, but he chose to be passive despite clear indications of the illegal quarrying activities that had been first brought to his official attention as early as in 1997 by Teresita Fabian of the Provincial Tourism Office of Rizal. The most that he did on the complaint was to dispatch two of his subordinates to verify the report of quarrying. After the subordinates returned with the information that there were no quarrying activities at the site, he was apparently content with their report. He was not even spurred into further action by the subordinates’ simultaneous report on having observed at the site the presence of earthmoving equipment (specifically, a backhoe and a payloader). Had he been conscientious, the presence of the earth moving equipment would have quickly alerted him to the high probability of their being used in quarrying activities at the site. We presume that he was not too obtuse to sense such high probability. The seriousness of the matter should have prodded him to take further actions, including personally inspecting the site himself either to confirm the findings of the subordinates or to satisfy himself that the earthmoving equipment was not being used for quarrying. By merely denying having granted any permit or unwarranted benefit to any quarry operator, he seemingly considered the report of his subordinates satisfactory.
Yes. An appeal shall not stop the decision from being executory. In case the penalty is suspension or removal and the respondent wins such appeal, he shall be considered as having been under preventive suspension and shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal.
On 15 September 2003, AO 17 was issued, amending Rule III of the Rules of Procedure of the Office of the Ombudsman. Thus, Section 7, Rule III of the Rules of Procedure of the Office of the Ombudsman was further amended and now reads:
Section 7. Finality and execution of decision. – Where the respondent is absolved of the charge, and in case of conviction where the penalty imposed is public censure or reprimand, suspension of not more than one month, or a fine equivalent to one month salary, the decision shall be final, executory and unappealable. In all other cases, the decision may be appealed to the Court of Appeals on a verified petition for review under the requirements and conditions set forth in Rule 43 of the Rules of Court, within fifteen (15) days from the receipt of the written Notice of the Decision or Order denying the Motion for Reconsideration.
Bordomeo etal vs Court of Appeals
G.R. No. 161596 February 20, 2013
Facts: In 1989, the IPI Employees Union-Associated Labor Union (Union), representing the workers, had a bargaining deadlock with the IPI management. This deadlock resulted in the Union staging a strike and IPI ordering a lockout. On December 26, 1990, after assuming jurisdiction over the dispute, DOLE Secretary Ruben D. Torres rendered hid decision reinstating the illegally dismissed employees with full backwages reckoning from December 8, 1989 and declaring the IPI Employees Union-ALU as the exclusive bargaining agent further directing the parties to enter into a new CBA. A motion for writ of execution was filed. Motion for partial reconsideration was filed by herein petitioners for amendatory/clarifications on the assailed order by DOLE Secretary Torres. Ultimately, on July 4, 2001, DOLE Secretary Patricia Sto. Tomas issued her Order37 affirming the order issued on March 27, 1998, and declaring that the full execution of the order of March 27, 1998 “completely CLOSED and TERMINATED this case.” Only herein petitioners Roberto Bordomeo, Anecito Cupta, Jaime Sarmiento and Virgilio Saragena assailed the July 4, 2001 order of Secretary Sto. Tomas by petition for certiorari in the CA.
Issues: Whether or not the the special civil action of certiorari is the proper remedy for the petitioners.
Whether or not the petitioners are entitled to separation pay and backwages.
Held: No. Even so, Rule 65 of the Rules of Court still requires the petition for certiorari to comply with the following requisites, namely: (1) the writ of certiorari is directed against a tribunal, a board, or an officer exercising judicial or quasi-judicial functions; (2) such tribunal, board, or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (3) there is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law.
Jurisprudence recognizes certain situations when the extraordinary remedy of certiorari may be deemed proper, such as: (a) when it is necessary to prevent irreparable damages and injury to a party; (b) where the trial judge capriciously and whimsically exercised his judgment; (c) where there may be danger of a failure of justice; (d) where an appeal would be slow, inadequate, and insufficient; (e) where the issue raised is one purely of law; (f) where public interest is involved; and (g) in case of urgency. Yet, a reading of the petition for certiorari and its annexes reveals that the petition does not come under any of the situations. Specifically, the petitioners have not shown that the grant of the writ of certiorari will be necessary to prevent a substantial wrong or to do substantial justice to them.
In a special civil action for certiorari brought against a court with jurisdiction over a case, the petitioner carries the burden to prove that the respondent tribunal committed not a merely reversible error but a grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the impugned order. Showing mere abuse of discretion is not enough, for the abuse must be shown to be grave. Grave abuse of discretion means either that the judicial or quasi-judicial power was exercised in an arbitrary or despotic manner by reason of passion or personal hostility, or that the respondent judge, tribunal or board evaded a positive duty, or virtually refused to perform the duty enjoined or to act in contemplation of law, such as when such judge, tribunal or board exercising judicial or quasi-judicial powers acted in a capricious or whimsical manner as to be equivalent to lack of jurisdiction. Under the circumstances, the CA committed no abuse of discretion, least of all grave, because its justifications were supported by the history of the dispute and borne out by the applicable laws and jurisprudence.
Yes. Under the circumstances, the employment of the 15 employees or the possibility of their reinstatement terminated by March 15, 1995. Thereafter, their claim for separation pay and backwages beyond March 15, 1995 would be unwarranted. The computation of separation pay and backwages due to illegally dismissed employees should not go beyond the date when they were deemed to have been actually separated from their employment, or beyond the date when their reinstatement was rendered impossible. Anent this, the Court has observed in Golden Ace Builders v. Talde:
The basis for the payment of backwages is different from that for the award of separation pay. Separation pay is granted where reinstatement is no longer advisable because of strained relations between the employee and the employer. Backwages represent compensation that should have been earned but were not collected because of the unjust dismissal. The basis for computing backwages is usually the length of the employee’s service while that for separation pay is the actual period when the employee was unlawfully prevented from working.
Clearly then, respondent is entitled to backwages and separation pay as his reinstatement has been rendered impossible due to strained relations. As correctly held by the appellate court, the backwages due respondent must be computed from the time he was unjustly dismissed until his actual reinstatement, or from February 1999 until June 30, 2005 when his reinstatement was rendered impossible without fault on his part.