G.R. No. L-33019 - JULY 1978 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-33019July 1, 1978 Manuel B. Syquio vs. Alberto J. Francisco G.R. No. L-38695July 1, 1978 Eugenio Suria vs. Filemon O. Juntereal G.R. No. L-29949July 6, 1978 Misamis Lumber Co., Inc. vs. Sec. of Agri. and Natural Resources G.R. No. L-32126July 6, 1978 People of the Philippines vs. Nemesio Talingdan G.R. No. L-40603July 13, 1978 Palmarin Q. Hurtado vs. Isabel G. Judalena G.R. No. L-45347July 13, 1978 Lustiano Flores vs. Moises F. Dalisay, Sr. G.R. No. L-26295July 14,1978 Salvacion A. Catangcatang vs. Paulino Legayada G.R. No. L-33798July 14, 1978 Senecio M. Duran vs. Court of Appeals G.R. No. L-36637July 14, 1978 Generoso Mendoza vs. Court of Appeals G.R. No. L-38606July 14, 1978 People of the Philippines vs. Rodolfo Maraño G.R. No. L-47196July 14, 1978 Antonia C. Cartas vs. Republic of the Philippines A.M. No. 133.July 20, 1978 Esperanza Malanyaon vs. Rufino L. Galang G.R. No. L-44060July 20, 1978 People of the Philippines vs. Bienvenido Paragsa A.M. 917-MJ.July 21, 1978 Crispin Bartido vs. Hon. Cesar Larrobis A.M. No. 707-MJJuly 21,1978 Rural Bank of Barotac Nuevo, Inc. vs. Sergio Cartagena A.M. No. 941July 21,1978 Jose G. Arellano vs. Jesus Agustin and Edgar Cordero G.R. No. L-25087July 21, 1978 The Shell Company of the Philippines Limited vs. the Nedlloyd Lines G.R. No. L-26054July 21, 1978 Luzon Surety Co., Inc. vs. Jesus Panaguiton G.R. No. L-30668July 21, 1978 People of the Philippines vs. Rodolfo Reyes G.R. No. L-32754-5July 21, 1978 People of the Philippines vs. Manuel I. Pilones G.R. No. L-35910July 21, 1978 Purita Bersabal vs. Hon. Judge Serafin Salvador G.R. No. L-41961July 21, 1978 Marcelino Caluza vs. Workmen's Compensation Commission G.R. No. L-43468July 21, 1978 Isabel Lopez Eliseo vs. Workmen's Compensation Commission G.R. No. L-46542July 21, 1978 People of the Philippines vs. Hermenegildo A. Prieto, Sr. G.R. No. L-47482July 21, 1978 Angelito Tan vs. People of the Philippines G.R. No. L-31948July 25, 1978 Phil. Nat'l. Railways vs. Union De Maquinistas G.R. No. L-42767July 25, 1978 Justino Pascua vs. Workmen's Compensation Commission G.R. No. L-47342July 25, 1978 Nicolas Galdo vs. Eulalio D. Rosete G.R. No. L-47753July 25, 1978 Antonio A. Cudiamat vs. People of the Philippines G.R. No. L-42946July 26, 1978 Juan Orillaneda vs. Workmen's Compensation Com. A.M. No. 1015July 28, 1978 Federico Javines vs. Adriano Marzon A.M. No. 326-CJJuly 31,1978 Pedro Villa vs. Judge Francisco Llamas A.M. No. P_1391July 31, 1978 Milagros Peñalosa vs. Felix Viscaya, Jr. A.M. No. P-1161July 31,1978 Victoria Prieto vs. Crispin Peralta A.M. No. P7-985July 31,1978 Eugenio Dela Cruz vs. Roberto Mudlong A.M. No. P-60July 31, 1978 Melba C Amolador vs. Juan Felicidario G.R. No. L-26861July 31, 1978 Ernesto D. Bohol, Sr. vs. Francisco L. Torres G.R. No. L-27914July 31, 1978 Roberto A. Pascual vs. Walfrido De Los Angeles G.R. No. L-28979July 31, 1978 Rafael Barican vs. Walfrido De Los Angeles G.R. No. L-30014July 31, 1978 Gregorio Arines vs. Emilio Cuachin G.R. No. L-32552July 31, 1978 Pedro Mirasol vs. Rafael De La Cruz G.R. No. L-33089July 31, 1978 Sta. Clara Lumber Co., Inc. vs. Arsenio Martinez G.R. No. L-37051July 31, 1978 Anita U. Lorenzana vs. Polly Cayetano G.R. No. L-39089-90July 31, 1978 People of the Philippines vs. Dominador Pay-An G. R. No. L-40295July 31, 1978 Abraham C. Sison vs. Epi Rey Pangramuyen G.R. No. L-42319July 31, 1978 B. F. Goodrich Philippines Inc. vs. Workmen's Compensation Commission G.R. No. L-42485July 31, 1978 Bonifacio L. Solis vs. People of the Philippines G.R. No. L-43073July 31, 1978 Francisco Abordo vs. Workmen's Compensation Commission G.R. No. L-43204July 31, 1978 Rodito T. Saril vs. Workmen's Compensation Commission G.R. No. L-43575July 31, 1978 Marciano Lamco vs. Workmen's Compensation Commission G.R. No. L-43668-69July 31, 1978 Potenciano Menil vs. Court of Appeals G.R. No. L-44108July 31, 1978 Benjamin Z. Villanueva vs. Workmen's Compensation Commission G.R. No. L-45719July 31, 1978 General Textiles Allied Workers Ass'n. vs. Dir. of Bureau of Labor Relations G.R. No. L-47711-12July 31, 1978 Boehringer Ingelheim GMBH vs. Court of Appeals G.R. No. L-47752July 31, 1978 Consolidated Farms, Inc., II vs. Carmelo C. Noriel G.R. No. L-48088July 31, 1978 Gotardo Flordelis vs. Edgar R. Himalaloan G.R. No. L-48198July 31, 1978 Prudencia Gloria-Diaz vs. Court of Appeals The Lawphil Project - Arellano Law Foundation, Inc. Manuel B. Syquio vs. Alberto J. Francisco Eugenio Suria vs. Filemon O. Juntereal Misamis Lumber Co., Inc. vs. Sec. of Agri. and Natural Resources People of the Philippines vs. Nemesio Talingdan Palmarin Q. Hurtado vs. Isabel G. Judalena Lustiano Flores vs. Moises F. Dalisay, Sr. Salvacion A. Catangcatang vs. Paulino Legayada Senecio M. Duran vs. Court of Appeals Generoso Mendoza vs. Court of Appeals People of the Philippines vs. Rodolfo Maraño Antonia C. Cartas vs. Republic of the Philippines Esperanza Malanyaon vs. Rufino L. Galang People of the Philippines vs. Bienvenido Paragsa Crispin Bartido vs. Hon. Cesar Larrobis Rural Bank of Barotac Nuevo, Inc. vs. Sergio Cartagena Jose G. Arellano vs. Jesus Agustin and Edgar Cordero The Shell Company of the Philippines Limited vs. the Nedlloyd Lines Luzon Surety Co., Inc. vs. Jesus Panaguiton People of the Philippines vs. Rodolfo Reyes People of the Philippines vs. Manuel I. Pilones Purita Bersabal vs. Hon. Judge Serafin Salvador Marcelino Caluza vs. Workmen's Compensation Commission Isabel Lopez Eliseo vs. Workmen's Compensation Commission People of the Philippines vs. Hermenegildo A. Prieto, Sr. Angelito Tan vs. People of the Philippines Phil. Nat'l. Railways vs. Union De Maquinistas Justino Pascua vs. Workmen's Compensation Commission Nicolas Galdo vs. Eulalio D. Rosete Antonio A. Cudiamat vs. People of the Philippines Juan Orillaneda vs. Workmen's Compensation Com. Federico Javines vs. Adriano Marzon Pedro Villa vs. Judge Francisco Llamas Milagros Peñalosa vs. Felix Viscaya, Jr. Victoria Prieto vs. Crispin Peralta Eugenio Dela Cruz vs. Roberto Mudlong Melba C Amolador vs. Juan Felicidario Ernesto D. Bohol, Sr. vs. Francisco L. Torres Roberto A. Pascual vs. Walfrido De Los Angeles Rafael Barican vs. Walfrido De Los Angeles Gregorio Arines vs. Emilio Cuachin Pedro Mirasol vs. Rafael De La Cruz Sta. Clara Lumber Co., Inc. vs. Arsenio Martinez Anita U. Lorenzana vs. Polly Cayetano People of the Philippines vs. Dominador Pay-An Abraham C. Sison vs. Epi Rey Pangramuyen B. F. Goodrich Philippines Inc. vs. Workmen's Compensation Commission Bonifacio L. Solis vs. People of the Philippines Francisco Abordo vs. Workmen's Compensation Commission Rodito T. Saril vs. Workmen's Compensation Commission Marciano Lamco vs. Workmen's Compensation Commission Potenciano Menil vs. Court of Appeals Benjamin Z. Villanueva vs. Workmen's Compensation Commission General Textiles Allied Workers Ass'n. vs. Dir. of Bureau of Labor Relations Boehringer Ingelheim GMBH vs. Court of Appeals Consolidated Farms, Inc., II vs. Carmelo C. Noriel Gotardo Flordelis vs. Edgar R. Himalaloan Prudencia Gloria-Diaz vs. Court of Appeals The Lawphil Project - Arellano Law Foundation, Inc.
Manila
SECOND DIVISION
G.R. No. L-33019 July 1, 1978
MANUEL B. SYQUIO, in his capacity as Acting Secretary of the Department of Public Works and Communications,petitioner,
vs.
HONORABLE ALBERTO J. FRANCISCO, in his capacity as Judge of the Court of First Instance of Manila, Branch IX, EMIGDIO FERNANDEZ, JESUS MACROHON, BELEN FERNANDEZ, and MARIA PUNO,respondents.
Solicitor General Estelito P. Mendoza, Assistant Solicitor General Nathanael P. de Pano, Jr. and Solicitor Concepcion T. Agapinan for petitioner.
Julio T. Baldonado & Benjamin Y. Garcia for respondents.
R E S O L U T I O N
FERNANDO,Acting C.J.:
In thiscertiorariand prohibition proceeding, petitioner Manuel B. Syquio, the then Acting Secretary of the Department of Public Works and Communications, sought to nullify an order of the then respondent Judge Alberto J. Francisco, restraining the investigator designated by petitioner as such Acting Secretary, to proceed with his inquiry into an administrative complaint filed against private respondents, all of whom were employed in the then Bureau of Public Highways. Respondent Judge based his restraining order on the ground that the Commissioner of Public Highways had already started his own investigation of the above individuals. Petitioner's main contention was that as department head, he was authorized by law to take over the investigation of administrative charges against employees connected with the Bureau of Public Highways. The mere fact that there was then a pending investigation being conducted by the then Commissioner of Public Highways was no legal obstacle to his directly conducting the inquiry, so it was asserted. Respondent Judge was, however, of the opinion that the latter official having acquired jurisdiction over such administrative complaints, petitioner, as department head, was precluded from conducting the investigation. The answer submitted by respondents did not meet squarely the issue of constitutional power of a department head as an alter ego of the President, implemented by the appropriate Administrative Code provision, to conduct the aforesaid investigation. Instead, stress was laid on the alleged unfairness to private respondents who, "as permanent employees in the competitive service, [were entitled under the due process clause to] orderly proceedings according to established rules which do not violate basic rights."1
Thereafter, the case was heard on oral argument and deemed submitted for decision. In the meanwhile, the case remained pending in the docket, the successive retirement of Justices to whom this case had been assigned preventing a final verdict from being rendered. On November 11, 1977, this Court issued the following resolution: "It being apparent on the face of the petition that petitioner Manuel B. Syquio is no longer the Acting Secretary of the Department of Public Works and Communications and respondent Judge Alberto J. Francisco had ceased to be a member of the judiciary, the Court Resolved to require petitioner to [inform], this Court as to the status of Civil Case No. 80677 of the Branch IX of the Court of First Instance of Manila, the issuance of certain orders in such case giving rise to thiscertiorariand prohibition petition, and more specifically to inform this Court as to whether or not the matter in issue has become moot and academic.2
There was a Compliance from Solicitor General Estelito P. Mendoza dated April 20, 1978.3It was stated therein that the Court of First Instance of Manila, Branch VII, thereafter presided by Judge Amante Purisima, deferred action on the pending case before him until this matter would be settled by this Court. More specifically, with reference to the private respondents who were proceeded against administratively, the Compliance of Solicitor General Mendoza had the following to say: "Coming now to the information desired by this Honorable Court, and after verification with the Department of Public Highways as regards the present status of its employees named respondents herein, it was disclosed that Emigdio Fernandez and Jesus Macrohan are no longer connected with said Office, thefirst,having retired from the service and already dead, while thesecond,has never reported to work after the filing of the case, and information gathered shows that he had accepted employment abroad. With respect to respondents Belen Fernandez and Maria Puno, they have long been reinstated, and have voluntarily submitted themselves to a formal administrative investigation by the Department of Public Highways, and their cases are now pending decision.4Its concluding paragraph reads as follows:
Considering the intervening circumstances which have taken place since the firing of this case, undersigned counsel are of the view that the present case has now become moot and academic.5
WHEREFORE,as prayed for, the petition is dismissed for having become moot and academic.ℒαwρhi৷
Barredo, Aquino, Concepcion, Jr. and Santos, JJ., concur.
Antonio, J., took no part.
Footnotes