Altres v. Empleo PDF
Altres v. Empleo PDF
Altres v. Empleo PDF
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* EN BANC.
584
the relaxation of the requirements of verification and certification so that the
ends of justice may be better served. Verification is simply intended to
secure an assurance that the allegations in the pleading are true and correct
and not the product of the imagination or a matter of speculation, and that
the pleading is filed in good faith; while the purpose of the aforesaid
certification is to prohibit and penalize the evils of forum shopping.
Same; Same; Same; Same; On the requirement of a certification of
non-forum shopping, the well-settled rule is that all the petitioners must sign
the certification of non-forum shopping; The rule, however, admits of an
exception and that is when the petitioners show reasonable cause for failure
to personally sign the certification.—On the requirement of a certification of
non-forum shopping, the well-settled rule is that all the petitioners must sign
the certification of non-forum shopping. The reason for this is that the
persons who have signed the certification cannot be presumed to have the
personal knowledge of the other non-signing petitioners with respect to the
filing or non-filing of any action or claim the same as or similar to the
current petition. The rule, however, admits of an exception and that is when
the petitioners show reasonable cause for failure to personally sign the
certification. The petitioners must be able to convince the court that the
outright dismissal of the petition would defeat the administration of justice.
Same; Same; Same; Same; Distinction between non-compliance with the
requirement on or submission of defective verification, and non-compliance
with the requirement on or submission of defective certification against
forum shopping.—1) A distinction must be made between non-compliance
with the requirement on or submission of defective verification, and non-
compliance with the requirement on or submission of defective certification
against forum shopping. 2) As to verification, non-compliance therewith or a
defect therein does not necessarily render the pleading fatally defective. The
court may order its submission or correction or act on the pleading if the
attending circumstances are such that strict compliance with the Rule may
be dispensed with in order that the ends of justice may be served thereby. 3)
Verification is deemed substantially complied with when one who has ample
knowledge to swear to the truth of the allegations in the complaint or
petition signs the verification, and when matters alleged in the petition have
been made in good faith or
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Same; Same; Section 344 of the Local Government Code of 1991 thus
applies only when there is already an obligation to pay on the part of the
local government unit.—Section 344 of the Local Government Code of
1991 thus applies only when there is already an obligation to pay on the
part of the local government unit, precisely because vouchers are issued
only when services have been performed or expenses incurred.
Same; Same; Section 474, subparagraph (b)(4) of the Local
Government Code of 1991 requires the city accountant to “certify to the
availability of budgetary allotment to which expenditures and obligations
may be properly charged”; By necessary implication, it includes the duty to
certify to the availability of funds for the payment of salaries and wages of
appointees to positions in the plantilla of the local government unit.—
Section 474, subparagraph (b)(4) of the Local Government Code of 1991,
on the other hand, requires the city accountant to “certify to the availability
of budgetary allotment to which expenditures and obligations may be
properly charged.” By necessary implication, it includes the duty to certify
to the availability of funds for the payment of salaries and wages of
appointees to positions in the plantilla of the local government unit, as
required under Section 1(e)(ii), Rule V of CSC Memorandum Circular
Number 40, Series of 1998, a requirement before the CSC considers the
approval of the appointments. In fine, whenever a certification as to
availability of funds is required for purposes other than actual payment of
an obligation which requires disbursement of money, Section 474(b)(4) of
the Local Government Code of 1991 applies, and it is the ministerial duty of
the city accountant to issue the certification.
587
CARPIO-MORALES, J.:
Assailed via petition for review on certiorari are the Decision
dated February 2, 20071 and Order dated October 22, 20072 of
Branch 3 of the Regional Trial Court (RTC) of Iligan City, which
denied petitioners’ petition for mandamus praying for a writ
commanding the city accountant of Iligan, Camilo G. Empleo
(Empleo), or his successor in office, to issue a certification of
availability of funds in connection with their appointments, issued
by then Iligan City Mayor Franklin M. Quijano (Mayor Quijano),
which were pending approval by the Civil Service Commission
(CSC).
Sometime in July 2003, Mayor Quijano sent notices of numerous
vacant career positions in the city government to the CSC. The city
government and the CSC thereupon proceeded to publicly announce
the existence of the vacant positions. Petitioners and other applicants
submitted their applications for the different positions where they
felt qualified.
Toward the end of his term or on May 27, June 1, and June 24,
2004, Mayor Quijano issued appointments to petitioners.
In the meantime, the Sangguniang Panglungsod issued
Resolution No. 04-2423 addressed to the CSC Iligan City Field
Office requesting a suspension of action on the processing of
appointments to all vacant positions in the plantilla of the city
government as of March 19, 2004 until the enactment of a new
budget.
The Sangguniang Panglungsod subsequently issued Resolution No.
04-2664 which, in view of its stated policy against “midnight
appointments,” directed the officers of the City Human Resource
Management Office to hold in abeyance the transmission of all
appointments signed or to be signed by the
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588
“x x x x
e. LGU Appointment. Appointment in local government units for
submission to the Commission shall be accompanied, in addition to the
common requirements, by the following:
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ii. Certification by the Municipal/City Provincial Accountant/Budget
Officer that funds are available.” (Emphasis and italics supplied)
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589
Petitioners thus filed with the RTC of Iligan City the above-stated
petition for mandamus against respondent Empleo or his successor
in office for him to issue a certification of availability of funds for
the payment of the salaries and wages of petitioners, and for his co-
respondents or their successors in office to sign the position
description forms.
As stated early on, Branch 3 of the Iligan RTC denied petitioners’
petition for mandamus. It held that, among other things, while it is
the ministerial duty of the city accountant to certify as to the
availability of budgetary allotment to which expenses and
obligations may properly be charged under Section 474(b)(4) of
Republic Act No. 7160,6 otherwise known as the Local Government
Code of 1991, the city accountant cannot be compelled to issue a
certification as to availability of funds for the payment of salaries
and wages of petitioners as this ministerial function pertains to the
city treasurer. In so holding, the trial court relied on Section 344 of
the Local Government Code of 1991 the pertinent portion of which
provides:
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590
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591
592
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erate forum shopping, the same shall be ground for summary dismissal with
prejudice and shall constitute direct contempt, as well as a cause for
administrative sanctions.
593
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case to attain the ends of justice, rather than dispose of the case on
technicality and cause grave injustice to the parties, giving a false
impression of speedy disposal of cases while actually resulting in
more delay, if not a miscarriage of justice.
The Court further discoursed in Tan:
595
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the Rules considering, among other things, that the petitioners were
husband and wife, and that the subject property was their residence
which was alleged in their verified petition to be conjugal.25
With respect to petitioners’ non-presentation of any identification
before the notary public at the time they swore to their verification
and certification attached to the petition, suffice it to state that this
was cured by petitioners’ compliance26 with the Court’s Resolution
of January 22, 200827 wherein they submitted a notarized
verification and certification bearing the details of their community
tax certificates. This, too, is substantial compliance. The Court need
not belabor its discretion to authorize subsequent compliance with
the Rules.
For the guidance of the bench and bar, the Court restates in
capsule form the jurisprudential pronouncements already reflected
above respecting non-compliance with the requirements on, or
submission of defective, verification and certification against forum
shopping:
1) A distinction must be made between non-compliance with
the requirement on or submission of defective verification, and non-
compliance with the requirement on or submission of defective
certification against forum shopping.
2) As to verification, non-compliance therewith or a defect
therein does not necessarily render the pleading fatally defective.
The court may order its submission or correction or act on the
pleading if the attending circumstances are such that strict
compliance with the Rule may be dispensed with in order that the
ends of justice may be served thereby.28
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597
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29 Rombe Eximtrade (Phils.), Inc. v. Asiatrust Development Bank, G.R. No.
164479, February 13, 2008, 545 SCRA 253.
30 Chinese Young Men’s Christian Association of the Philippine Islands v.
Remington Steel Corporation, G.R. No. 159422, March 28, 2008, 550 SCRA 180.
31 Juaban v. Espina, G.R. No. 170049, March 14, 2008, 548 SCRA 588.
32 Pacquing v. Coca-Cola Philippines, Inc., G.R. No. 157966, January 31, 2008,
543 SCRA 344.
33 Marcopper Mining Corporation v. Solidbank Corporation, G.R. No. 134049,
June 17, 2004, 432 SCRA 360.
598
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34 Vide Fuentebella v. Castro, G.R. No. 150865, June 30, 2006, 494 SCRA 183;
Eslaban, Jr. v. Vda. de Onorio, G.R. No. 146062, June 28, 2001, 360 SCRA 230.
35 Rollo, p. 121.
36 Mendoza v. Salinas, G.R. No. 152827, February 6, 2007, 514 SCRA 414, 419;
Vide also Philippine National Construction Corporation v. Court of Appeals, G.R.
No. 159417, January 25, 2007, 512 SCRA 684.
37 Ibid.
599
is no dispute as to fact, the question of whether the conclusion
drawn therefrom is correct is a question of law.38
In the case at bar, the issue posed for resolution does not call for
the reevaluation of the probative value of the evidence presented,
but rather the determination of which of the provisions of the Local
Government Code of 1991 applies to the Civil Service
Memorandum Circular requiring a certificate of availability of funds
relative to the approval of petitioners’ appointments.
AT ALL EVENTS, respondents contend that the case has become
moot and academic as the appointments of petitioners had already
been disapproved by the CSC. Petitioners maintain otherwise,
arguing that the act of respondent Empleo in not issuing the required
certification of availability of funds unduly interfered with the power
of appointment of then Mayor Quijano; that the Sangguniang
Panglungsod Resolutions relied upon by respondent Empleo
constituted legislative intervention in the mayor’s power to appoint;
and that the prohibition against midnight appointments applies only
to presidential appointments as affirmed in De Rama v. Court of
Appeals.39
The Court finds that, indeed, the case had been rendered
moot and academic by the final disapproval of petitioners’
appointments by the CSC.
The mootness of the case notwithstanding, the Court resolved
to rule on its merits in order to settle the issue once and for all,
given that the contested action is one capable of repetition40 or
susceptible of recurrence.
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In Public Interest Center, Inc. v. Elma, G.R. No. 138965, June 30, 2006, 494 SCRA 53, the
petition sought to declare as null and void the concurrent appointments of Magdangal B. Elma
as Chairman of the Presidential Commission on Good Government (PCGG) and as Chief
Presidential Legal Counsel (CPLC) for being contrary to Section 13, Article VII and Section 7,
par. 2, Article IX-B of the 1987 Constitution. While Elma ceased to hold the two offices during
the pendency of the case, the Court still ruled on the merits thereof, considering that the
question of whether the PCGG Chairman could concurrently hold the position of CPLC was
one capable of repetition.
In Manalo v. Calderon, G.R. No. 178920, October 15, 2007, 536 SCRA 290, a petition for
habeas corpus was filed by the police officers implicated in the burning of an elementary
school in Batangas at the height of the May 2007 elections. The Court decided the case on the
merits notwithstanding the recall by the Philippine National Police of the restrictive custody
orders against petitioners therein. Citing David v. Arroyo, the Court held: “Every bad, unusual
incident where police officers figure in generates public interest and people watch what will be
done or not done to them. Lack of disciplinary steps taken against them erodes public
confidence in the police institution. As petitioners themselves assert, the restrictive custody of
policemen under investigation is an existing practice, hence, the issue is bound to crop up every
now and then. The matter is capable of repetition or susceptible of recurrence. It better be
resolved now for the education and guidance of all concerned.”
601
(b) The accountant shall take charge of both the accounting and internal
audit services of the local government unit concerned and shall:
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(4) certify to the availability of budgetary allotment to which
expenditures and obligations may be properly charged. (Emphasis and
underscoring supplied)
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Sec. 344. Certification and Approval of Vouchers.—No money shall be
disbursed unless the local budget officer certifies to the existence of
appropriation that has been legally made for the purpose, the local
accountant has obligated said appropriation, and the local treasurer
certifies to the availability of funds for the purpose. x x x” (Emphasis and
underscoring supplied)
602
tion and the same is obligated, let us say, for the payment of salaries of
employees.41
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41 Rollo, p. 148.
603
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42 Atienza v. Villarosa, G.R. No. 161081, May 10, 2005, 458 SCRA 385, 403.
43 Ibid., at p. 404, citing First National Bank of Chicago v. City of Elgin, 136 III.
App. 453.
44 Supra note 6.
604