Republic of the
Supreme Court
THIRD DIVISION
|
OFFICE OF THE PRESIDENT and PRESIDENTIAL
ANTI-GRAFT COMMISSION, Petitioners, - versus - CALIXTO R. CATAQUIZ, Respondent. |
|
G.R. No. 183445 Present: PERALTA, J., Acting Chairperson, BERSAMIN,* ABAD, Promulgated: September 14, 2011 |
x
---------------------------------------------------------------------------------------
x
D E C I S I O N
MENDOZA, J.:
Before the Court is a petition for review on certiorari under Rule 45 of
the Rules of Court assailing the January 31, 2008 Decision[1]
and the June 23, 2008 Resolution[2] of
the Court of Appeals (CA) in CA-G.R. SP No. 88736 entitled Calixto
R. Cataquiz v. Office of the President and Concerned Employees of the LLDA (CELLDA),
which reversed and set aside the Amended Resolution[3]
dated February 10, 2005 of the Office of the President (OP).
The Facts
Respondent Calixto R. Cataquiz (Cataquiz) was appointed as General
Manager of the Laguna Lake Development Authority (LLDA) on
On
In response, Secretary Gozun ordered the formation of an investigating
team to conduct an inquiry into the allegations against Cataquiz. The results
of the fact-finding activity were submitted in a Report[6]
dated May 21, 2003 in which it was determined that respondent may be found
guilty for acts prejudicial to the best interest of the government and for violations
of several pertinent laws and regulations.
Consequently, the investigating team recommended that the case be
forwarded to the Presidential Anti-Graft Commission (PAGC) for proper
investigation.
In her Memorandum[7]
for the President dated
On June 6, 2003, in a letter[8] to
then President Gloria Macapagal-Arroyo (President Arroyo), the Concerned
Employees of the Laguna Lake Development Authority (CELLDA), a duly
organized employees union of the LLDA, expressed their support for the petition
to oust Cataquiz and likewise called for his immediate replacement.
Thereafter, CELLDA formally filed its Affidavit Complaint[9]
dated September 5, 2003 before PAGC charging Cataquiz with violations of
Republic Act (R.A.) No. 3019 (The Anti-Graft and Corrupt Practices Act),
Executive Order (E.O.) No. 292 (The Administrative Code) and R.A. No. 6713 (Code of Conduct and Ethical Standards
for Public Officials and Employees), to wit:
Violation
of Section 3(e) of Republic Act 3019 in relation to Section 46 b(8) and (27),
Chapter VI, Book V of EO 292.
a. That respondent directly transacted with
35 fishpen operators and authorized [the] payment of fishpen fees based on
negotiated prices in violation of LLDA Board Resolution No. 28, Series of 1996
as alleged.
b. That respondent allegedly approved
additional fishpen areas in the
c.
That
respondent allegedly condoned or granted reductions of fines and penalties
imposed by the Public Hearing Committee, the duly authorized adjudicatory body
of the LLDA. The condonation was allegedly without the concurrence of LLDA
Board of Directors.
d. That respondent allegedly caused the
dismissal of some cases pending with the LLDA without the concurrence of the
Public Hearing Committee.
e. That on
f.
That
respondent allegedly contracted the services of several consultants without
prior written concurrence from the Commission on Audit.
g. That on
h. That respondent allegedly allowed a
Taiwanese company identified as Phil-Tai Fishing and Trade Company to occupy
and utilize certain portions of LLDA facilities located at Km. 70, Barangay
Bangyas, Calauan, Laguna without any contract nor authority from the LLDA
Board.
i.
That
respondent allegedly authorized the direct procurement of fish breeders from
Delacon Realty and Development Corporation without the required bidding in
accordance with COA rules and regulations.
Violation
of Section 7(d) of Republic Act 6713:
a. That respondent allegedly solicited
patronage from regulated industries in behalf of RVQ Productions, Inc. for the
promotion of its film entry to the 2002 Metro Manila Film Festival entitled
Home Alone the Riber.
Violation
of Section 5(a) of Republic Act 6713:
a. That respondent allegedly failed to act promptly and expeditiously on official documents, requests, papers or letters sent by the public or those which have been processed and completed staff work for his appropriate action.[10]
On
Thereafter, on
In its Decision[13]
dated
WHEREFORE, as recommended by the PAGC, respondent
Calixto R. Cataquiz, is hereby DISMISSED FROM THE SERVICE, with the accessory penalties of
disqualification from re-employment to government service and forfeiture of
retirement benefits, effective immediately upon receipt of this order.
SO ORDERED.
Aggrieved, Cataquiz filed his Motion for Reconsideration and/or for New
Trial[14]
dated August 4, 2004, arguing that: (1) prior to the issuance by the PAGC of
its Resolution and by the OP of its Decision, he was already removed from
office, thereby making the issue moot and academic; and (2) he cannot be found
guilty for violating a resolution which was foreign to the charges against him
or for acts which did not constitute sufficient cause for his removal in
office, as shown by acts and documents which subsequently became available to
him, entitling him to a new trial.
On
Cataquiz elevated his case to the CA via a petition for review[16]
dated
The CA promulgated its Decision on
Not in conformity, the OP and the PAGC (petitioners) filed
this petition for review.
After the submission of respondents comment[17]
and the petitioners reply,[18] Cataquiz
filed an Urgent Motion for Judicial Notice[19]
dated
The Issues
Petitioners cite the following errors
as grounds for the allowance of the petition:
I.
The Court of Appeals
gravely erred when it reversed in toto the findings of the OP and PAGC
without stating clearly and distinctly the reasons therefor, which is contrary
to the Constitution and the Rules of Court; the findings of the Court of
Appeals are conclusions without citation of specific evidence on which they are
based.
II.
The Court of Appeals erred
because its judgment is based on a misapprehension of facts;
III.
The Court of Appeals erred
when it went beyond the issues of the case;
IV.
The findings of the Court
of Appeals are contrary to the findings of the OP, PAGC and DENR Fact Finding
Committee, [and]
V.
The OP and PAGC correctly
found respondent to be unfit in public service, thus it did not err in imposing
the accessory penalties of disqualification from employment in the government
service and forfeiture of retirement benefits.[21]
Cataquiz, on the other hand, submits
the following arguments in his Memorandum:[22]
I.
The
dismissal by the Ombudsman of the cases against the respondent under the same
set of facts further constitute the law of the case between the parties which
necessitates the dismissal of this appeal and further supports the correctness
of the decision of the Court of Appeals.
II.
The Court
of Appeals did not commit any error when it reversed the amended resolution of
the petitioner Office of the President.[23]
The issues can be condensed into four
essential questions:
(1) Whether the CA made an
incorrect determination of the facts of the case warranting review of its factual
findings by the Court;
(2)
Whether the dismissal by the Ombudsman of the charges against Cataquiz serves
as a bar to the decision of the OP;
(3)
Whether Cataquiz can be made to suffer the accessory penalties of
disqualification from re-employment in the public service and forfeiture of
government retirement benefits, despite his dismissal from the LLDA prior to
the issuance by the PAGC and the OP of their decision and resolution,
respectively; and
(4)
Whether Cataquiz can be charged with a violation of Board Resolution No.
28, despite the clerical error made by the PAGC in indicating the Board Resolution
number to be No. 68.
The Courts Ruling
The Court finds merit in the petition.
Findings of fact of the appellate court
can be reviewed
As a general rule, only questions of law can be raised in a petition for
review on certiorari under Rule 45 of the Rules of Court.[24] Since this Court is not a trier of facts,
findings of fact of the appellate court are binding and conclusive upon this
Court.[25] There are, however, several recognized
exceptions to this rule, namely:
(1) When
the conclusion is a finding grounded entirely on speculation, surmises and
conjectures;
(2) When the inference made is manifestly
mistaken, absurd or impossible;
(3)
Where there is a grave abuse of
discretion;
(4) When the judgment is based on a
misapprehension of facts;
(5) When the findings of fact are
conflicting;
(6) When the Court of Appeals, in making
its findings, went beyond the issues of the case, and the same is contrary to
the admissions of both appellant and appellee;
(7)
When the findings are contrary
to those of the trial court;
(8)
When the findings of fact are
conclusions without citation of specific evidence on which they are based;
(9) When
the facts set forth in the petition as well as in the petitioners main and
reply briefs, are not disputed by the respondents; and
(10)
When the findings of fact of the
Court of Appeals are premised on the supposed absence of evidence and
contradicted by the evidence on record.[26]
[Emphases supplied]
In this case, the findings of the CA are contrary to those of PAGC which
recommended Cataquiz dismissal for violating Section 3(e) of R.A. No. 3019, in
relation to Section 46(b)(27), Chapter 6, Subtitle A, Title I, Book V of E.O.
292. Likewise, the Investigating Team of
the DENR also agreed that there exists evidence that could sustain a finding of
respondents violation of several laws and regulations.
The result of PAGCs investigation, however, was simply brushed aside by the
CA, without citing any evidence on which its findings were based. In ignoring the meticulous discussion of
PAGCs conclusions and in absolving Cataquiz from any wrongdoing, the CA
cavalierly declared as follows:
The petitioner likewise presented to us
in support of his petition the argument that he had sufficient authority to do
what had been complained against him. We
have examined the charges against the provisions of R.A. No. 4850 and we found
that the said acts could be sustained because they were within his powers as
general manager of the Laguna Lake Development Authority as implied from
express powers granted to him by the law.
Moreover, the records of the Authority show that transactions resulting
into contracts in the Authoritys trading activities have been done by previous
general managers of the Authority even without prior approval by the
board. Ordinary corporate practices
likewise point out to the fact that a general manager, having the general
management and control of its business and affairs, has implied and apparent authority
to do acts or make any contracts in its behalf falling within the scope of the
ordinary and usual business of the company, especially so when, relative to a
contract that the petitioner had entered into with Phil-Tai Fishing and Trade
Company, the Office of the Government Corporate Counsel had formally acceded
thereto.[27]
As plain as that, without any analysis
of the evidence on record or a comprehensive discussion on how the decision was
arrived at, the CA absolved Cataquiz of the acts he was accused of committing
during his service as General Manager of the LLDA.
Section 14, Article VIII of the 1987 Constitution mandates that decisions
must clearly and distinctly state the facts and the law on which it is
based. Decisions of courts must be able
to address the issues raised by the parties through the presentation of a
comprehensive analysis or account of factual and legal findings of the court.[28] It is evident that the CA failed to comply
with these requirements. PAGC, in its
Resolution dated December 5, 2003, discussing each of the twelve allegations
against Cataquiz, determined that he should be dismissed from the government
service and that he could be held liable under Section 3(e) of R.A. No. 3019,
in relation to Section 46(b)(27), Chapter 6, Subtitle A, Title I, Book V of
E.O. No. 292, to wit:
R.A. No. 3019
Section 3. Corrupt practices of public
officers. In addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute corrupt practices of
any public officer and are hereby declared to be unlawful:
(e) Causing any undue injury to any
party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad
faith or gross inexcusable negligence. This provision shall apply to officers
and employees of offices or government corporations charged with the grant of
licenses or permits or other concessions.
E.O. No. 292
Section 46. Discipline: General
Provisions.
xxx
(b) The following shall be grounds for
disciplinary action:
xxx
(27) Conduct prejudicial to the best
interest of the service
The one-paragraph pronouncement of the CA that Cataquiz had
authority to perform the acts complained of is grossly insufficient to overturn
the determination by PAGC that he should be punished for acts prejudicial to
the LLDA committed during his service as General Manager of the said
agency. It should be emphasized that findings
of fact of administrative agencies will not be interfered with and shall be
considered binding and conclusive upon this Court provided that there is
substantial evidence to support such findings.[29] Substantial evidence has been defined as
that amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion[30]
or evidence commonly accepted by reasonably prudent men in the conduct of
their affairs.[31]
After a diligent review of the evidence presented and the pleadings
filed, this Court finds that there is substantial evidence to justify the
conclusion of PAGC that Cataquiz should be punished with the penalty of
dismissal, along with its accessory penalties, for committing acts prejudicial
to the best interest of the government and for giving undue advantage to a
private company in the award of fishpens.
Thus, the PAGC was correct when it wrote:
I.
[I]n the first allegation, respondent
Cataquiz impliedly admitted his direct transaction with 35 fishpen operators
and the payment of fishpen fees without conducting a public bidding. In respondents defense, he raised the
invalidity of Board Resolution No. 68 [sic] which provides for guidelines in
public bidding for fishpen areas.
Respondent argued that Board Resolution No. 68 [sic] is an unreasonable
exercise of the Boards legislative power since public bidding has never been
intended by RA 4850, the enabling law of LLDA.
The Commission finds the contention of
the respondent bereft of merit. Section
25-A of RA 4850 authorizes the Board to formulate, prescribe, amend and repeal
rules and regulations to govern the conduct of business of the Authority and
it is the function of the respondent in his capacity as General Manager to
implement and administer the policies, programs and projects approved by the
Board pursuant to Section 26 (b) of RA 4850.
While it is true that a Board Resolution draws life from the enabling
statute, the Commission cannot find any inconsistency between the former and the
latter. The Board Resolution No. 68
[sic] is still within the bounds of RA 4850 and is germane to its purpose in
promoting a balanced growth of the
In the case at hand, respondents act of
not giving credence to the Board Resolution resulted to undue prejudice to the
best interest of the public service considering that the Authority incurred
Revenue loss from the direct transaction of respondent Cataquiz amounting to Seven
Hundred Fifty Five Thousand Seven Hundred Pesos ₱755,700.00.
The presumption that the official duty
has been regularly performed was overcome by the fact that the government was
deprived of much needed revenue as a result of the act committed by respondent
Cataquiz.
xxxx
III.
The Commission finds that the act of
respondent Cataquiz in condoning penalties and reducing the fines imposed
by the Public Hearing Committee (PHC) of the LLDA has no basis in law. The premise of the respondent citing Section
26 (b) giving him the executive prerogative and Section 4 (a) justifying the
condonation and reduction is misplaced.
A careful examination of the aforementioned provisions would reveal that
Section 26 (b) does not vest the respondent the executive prerogative. Said provision gives him the authority to execute
and administer the policies, plans, programs and projects approved by the
Board. There is no showing that the
condonation of penalties and reduction of fines has been approved by the Board. Section 26 (b) is clear in its terms that
before respondent executes any policy, program or project, the same has to be
approved by the Board. Thus, there is no
executive prerogative to speak of.
The Commission agrees with the contention
of the complainant that Section 4 (d) refers to additional power and function
of the Authority and not to the respondent.
Of equal importance is that Section 4 (d) does not confer him the
authority to condone penalties nor reduce fines. Said provision is referring to Orders
requiring the discontinuance of pollution.
When the law is clear it needs no further interpretation.
The contention of respondent Cataquiz
that there is nothing in Section 25-A that states that the approval of the
Board is necessary has no leg to stand on.
Same provision gives the Board the implied power to do such other acts
and perform such other functions as may be necessary to carry out the
provisions of this Charter.
In relation to this is Section 31 of RA
4850 that gives the Board the authority to create such other divisions and
positions as may be deemed necessary for the efficient, economic and effective
conduct of the activity of the Authority.
The findings of the PHC, although a
recommendatory body, must be accorded great respect. The penalties imposed by the PHC cannot be
substituted by the respondent without any basis and the latter cannot simply
claim that he has the sole authority to condone penalties and reduce fines.
Evidently respondents act of condonation
of penalties and reduction of fines was uncalled for. Thus, his act resulted to undue prejudice to
the best interest of the service and will set a dangerous precedent to the
justice system of the government.
IV.
In the same vein, the dismissal of the
pending case against Twenty First Century Resources Inc. by the respondent has
no basis in law. Section 26 of RA
4850 clearly enumerates the powers and functions of respondent, to wit:
xxx.
a. Submit for consideration of the Board the
policies and measures which he believes to be necessary to carry out the
purposes and provisions of this Act;
b. Execute and administer the policies,
plan, programs and projects approved by the Board;
c. Direct and supervise the operation and
internal administration of the Authority.
The General Manager may delegate certain administrative responsibilities
to other officers of the Authority subject to the rules and regulations of the
Board;
d. Appoint officials and employees below the
rank of division heads to positions in the approved budget upon written
recommendation of the division head concerned using as guide the standard set
forth in the Authoritys merit system;
e. Submit quarterly reports to the Board on
personnel selection, placement and training;
f.
Submit
to the NEDA an annual report and such other reports as may be required,
including the details of the annual and supplemental budgets of the Authority;
g. Perform such other functions as may be
provided by law.
From the aforementioned section, nowhere
can the Commission find any grant of power to adjudicate in favor of respondent
Cataquiz and the latter cannot hide under the cloak of managerial prerogative
absent any law that justifies his act of dismissing the case. To reiterate, the dismissal of the case
against Twenty First Century is an act clearly prejudicial to the best interest
of the service. Consequently, the
Authority was deprived of a committed service to the government and this fact
cannot be overlooked upon by the Commission.
xxxx
VI.
The contract of service for
consultancy duly signed by the respondent and the legal consultants of LLDA is
not in accordance with Section 212 of the Government Accounting and Auditing
Manual (GAAM) 86 which provides that:
Payment
of public funds of retainer fees of private law practitioners who are so hired
and employed without the prior written concurrence and acquiescence by the
Solicitor General of the Government Corporate Counsel, as the case may be, as
well as the written concurrence of the Commission on Audit, shall be disallowed
in audit and the same shall be a personal liability of the official concerned.
The contention of the respondent that the
LLDA Administrative Section failed to advise him regarding the requisites laid
down by law cannot stand. Occupying an
executive position, respondent is required to exercise diligence in the highest
degree in the performance of his duties.
Respondent cannot pass responsibility to other Division which in the
first place, he has supervision and control of, pursuant to Section 31 of RA
4850. Supervision as defined is the
overseeing or the power or authority of an officer to see that subordinate
officers perform their duties. If the
latter fail or neglect to fulfill them, the former may take such action or step
as prescribed by law to make them perform their duties. Control on the other hand, is the power of an
officer to alter or modify or nullify or set aside what a subordinate officer
has done in the performance of his duties and to substitute the judgment of the
former for that of the latter. There is
therefore a given authority to the respondent by law to regulate the acts of
the Administrative Division and respondent cannot simply evade responsibility
by invoking the shortcomings of his subordinates. In signing the contract, without verifying
compliance of existing laws, respondent falls short of the required competence
expected of him in the performance of his official functions. Incompetence, has been defined as lack of
ability, legal qualification or fitness to discharge the required duty; want of
physical or intellectual or moral fitness.
xxxx
VIII.
The Commission finds that the
transaction entered into by the respondent and Phil-Tai Fishing and Trade
Company is violative of Section 3 (e) of RA 3019. The elements of Section 3 (e) are as follows:
1. The accused is a public officer
discharging official administrative, or judicial functions or private persons
in conspiracy with them;
2. The public officer committed the
prohibited act during the performance of his official duty or in relation to
his public position;
3. The public officer acted with manifest
partiality, evident bad faith or gross inexcusable negligence; and
4. His action caused undue injury to the
Government or any private party or gave any party any unwarranted benefit,
advantage or preference.
Applying the first element, respondent Cataquiz
is a public officer within the legal term of RA 3019 which provides that
Public officer includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or exempt
from service receiving compensation, even nominal from the government
xxx. Clearly, respondent is a public
officer discharging official functions in transacting with Phil-Tai to occupy
and utilize portions of LLDA facilities locate (sic) at Km. 70 Brgy. Bangyas,
Calauan, Laguna.
Relating to the second element in the
instant case, respondent in the exercise of his official duties allowed
Phil-Tai to use the LLDA facility without the concurrence of the Board of
Directors of LLDA where the corporate powers of the Authority lies as explicitly
provided in Section 16 of RA 4850.
Applying the third element, respondent
Cataquiz acted with manifest partiality when by reason of his office he allowed
Phil-Tai to occupy the LLDA facility without any contract and without the
approval of the Board of Directors. The
privilege granted was by virtue of a joint venture proposal which was never
authorized by the Board as admitted by the respondent in his position
paper. In fact the proposal is still
awaiting resolution from the board.
Partiality is synonymous with bias which excites a disposition to see
and report matters as they are wished for rather than as they are.
Manifest means obvious to the
understanding, evident to the mind, not obscure or hidden and is synonymous
with open, clear, visible, unmistakable, indubitable, indisputable, evident and
self-evident.
There was manifest partiality when
respondent Cataquiz entered a transaction with Phil-Tai disregarding the
requirements set forth by RA 4850 which requires the approval of the Board. Worse, the joint venture proposal by Phil-Tai
which was accepted by the respondent took place without any contract at
all. The contention of the respondent
that Phil-Tai is only given the authority to conduct a preliminary study and
including the technical survey and Pilot testing at the aforesaid facility for
the purpose of determining its structural integrity and commercial viability
cannot prevail over the records available at hand.
The findings of DENR officials in their
ocular inspection on
Moreover, the Memorandum from the
Division Chief III Jose K. Cario III of the Community Development Division
would reveal that Phil-Tai is introducing exotic aquatic species in one of the
earthen ponds at LLDA Calauan Complex.
RA 8550 otherwise known as the Philippine Fisheries Code of 1998
provides that the introduction of foreign crustaceans such as crayfish in
Philippine waters without a sound ecological, biological and environmental
justification based on scientific studies is prohibited. There is, therefore, an unwarranted act by
Phil-Tai which is prejudicial to the government.
Applying the fourth element in the case
at bar, respondent Cataquiz gave Phil-Tai unwarranted benefit, advantage or
preference when he entertained the joint venture proposal without any
consideration. In fact, as stated in
respondents position paper, LLDA was assured by Phil-Tai that in the event the
agreement does not materialize, it will remove all its equipment without damage
to the LLDA aqua culture facilities. Be
it noted that the assurance was not made in writing.
Respondent refused to discern the adverse
consequences of the joint venture proposal considering that no available remedy
was left to the government in case of untoward incidents that may arise. The transaction entered into is at most
unenforceable because the agreements therein was (sic) not put into
writing. The transaction cannot be
tolerated by the Commission and the unwarranted benefit that Phil-Tai is
enjoying deserves much consideration because it puts the government into a very
disadvantageous situation.
xxxx
X.
The Commission finds that the promotion
of the film entry of RVQ Productions by respondent Cataquiz does not offend
Section 7 (d) of RA 6713 which provides as follows:
Public officials and employees shall not
solicit or accept, directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value from any person in the course
of their official duties, or in connection with any operation being regulated by, or any transaction which
may be affected by the functions of their office.
There was no undue solicitation of
patronage of the film considering that the tickets sold are voluntary
participation of interested employees.
In fact, no monetary consideration was received nor accepted by the
respondent.
Of important consideration, however, is
the use of government vehicles in the delivery of movie tickets and the
collection of payments thereof to different industrial establishments. Respondent Cataquiz in his official capacity
as the General Manager of LLDA, approved the use of government vehicles and
drivers for the promotion of the movie.
The impropriety of using government
property in favor of a (sic) RVQ Production, a private entity cannot be
countenanced as this is prejudicial to the best interest of the service. The very purpose of the use of the government
property has not been properly served. [32]
[Underscoring supplied]
xxxx
The dismissal of the criminal case against
Respondent does not bar the finding
of administrative liability.
Cataquiz claims that the dismissal by the Ombudsman of the case against
him constitutes the law of the case between him and the OP which necessitates
the dismissal of the petition before this Court.
At the outset, the Court would like to highlight the fact that Cataquiz never
raised this issue before the CA, despite having had ample time to do so. The records show that the Ombudsman promulgated
its resolution on
Even if the Court were to overlook this procedural lapse, Cataquiz argument
would still fail. The Ombudsman Resolution dated
It is a basic rule in administrative law that public officials are under
a three-fold responsibility for a violation of their duty or for a wrongful act
or omission, such that they may be held civilly, criminally and
administratively liable for the same act.[37] Obviously, administrative liability is
separate and distinct from penal and civil liability.[38] In
the case of People v. Sandiganbayan,[39]the
Court elaborated on the difference between administrative and criminal
liability:
The distinct and independent nature of one proceeding from the other can be attributed to the following: first, the difference in the quantum of evidence required and, correlatively, the procedure observed and sanctions imposed; and second, the principle that a single act may offend against two or more distinct and related provisions of law, or that the same act may give rise to criminal as well as administrative liability.[40]
Accordingly, the dismissal of the
criminal case by the Ombudsman does not foreclose administrative action against
Cataquiz.[41] His absolution from criminal liability is not
conclusive upon the OP, which subsequently found him to be administratively
liable. The pronouncement made by the Ombudsman cannot serve to protect the respondent
from further administrative prosecution. A contrary ruling would be unsettling
as it would undermine the very purpose of administrative proceedings, that is, to
protect the public service and uphold the time-honored principle that a public
office is a public trust.[42]
Respondent can be imposed with
the accessory penalties.
Removal or resignation from office is
not a bar to a finding of administrative liability.[43] Despite his removal from his position, Cataquiz
can still be held administratively liable for acts committed during his service
as General Manager of the LLDA and he can be made to suffer the corresponding
penalties. The subsequent finding by the OP that Cataquiz is guilty of the
charges against him with the imposition of the penalty of dismissal and its corresponding
accessory penalties is valid.
It cannot be disputed that Cataquiz was a presidential appointee.[44] As
such, he was under the direct disciplining authority of the President who could
legitimately have him dismissed from service.
This is pursuant to the well-established principle that the Presidents power
to remove is inherent in his power to appoint.[45] Therefore,
it is well within the authority of the President to order the respondents
dismissal.
Cataquiz argues that his removal has
rendered the imposition of the principal penalty of dismissal impossible. Consequently, citing the rule that the
accessory follows the principal, he insists that the accessory penalties may no
longer be imposed on him.[46]
The respondent is mistaken.
In the case of In Re: Complaint
of Mrs. Corazon S. Salvador against Spouses Noel and Amelia Serafico,[47]
despite the resignation from government service by the employee found guilty of
grave misconduct, disgraceful and immoral conduct and violation of the Code of
Conduct for Court Personnel, thereby making the imposition of the penalty of
dismissal impossible, this Court nevertheless imposed the accessory penalties
of forfeiture of benefits with prejudice to re-employment in any branch or
instrumentality of government.
Similarly instructive is the case of Pagano v. Nazarro, Jr.[48] where
the Court held that:
The instant case is not moot and
academic, despite the petitioners separation from government service. Even if the most severe of administrative
sanctions that of separation from service may no longer be imposed on the
petitioner, there are other penalties which may be imposed on her if she is
later found guilty of administrative offenses charged against her, namely, the
disqualification to hold any government office and the forfeiture of benefits.[49]
Based on the foregoing, it is clear
that the accessory penalties of disqualification from re-employment in public
service and forfeiture of government retirement benefits can still be imposed
on the respondent, notwithstanding the impossibility of effecting the principal
penalty of dismissal because of his removal from office.
PAGCs typographical error
can be corrected.
One of the charges against Cataquiz is
for directly transacting with 35 fishpen operators and authorizing payment of
fishpen fees based on negotiated prices, in contravention of the directive of
Board Resolution No. 28, which requires the conduct of a public bidding. The PAGC Resolution dated
Petitioners, however, claim that it
was merely a typographical or clerical error on the part of PAGC which was
unfortunately adopted by the OP.[51] Cataquiz apparently will not be unduly
prejudiced by the correction of the PAGC resolution. In the counter-affidavit he
filed before the PAGC, he was able to exhaustively argue against the allegation
that he had violated Board Resolution No. 28.[52] Hence, he cannot feign ignorance of the true
charges against him.
In this regard, the Court agrees with
the petitioners.
It is clear from the pleadings submitted before PAGC particularly in
the Affidavit Complaint filed by CELLDA against Cataquiz and in the
Counter-Affidavit submitted by the latter that the resolution referred to as
having been violated by the respondent was Board Resolution No. 28, and not No.
68, as was erroneously indicated in the PAGC Resolution. Thus, pursuant to the rule that the judgment
should be in accordance with the allegations and the evidence presented,[53]
the typographical error contained in the PAGC Resolution can be amended. Clerical errors or any ambiguity in a decision
can be rectified even after the judgment has become final by reference to the
pleadings filed by the parties and the findings of fact and conclusions of law
by the court.[54]
A careful perusal of the PAGCs discussion
on the violation of the questioned board resolution discloses that PAGC was
undoubtedly referring to Board Resolution No. 28 which approved the policy
guidelines for public bidding of the remaining free fishpen areas in Laguna de
Bay, and not Resolution No. 68 which had nothing at all to do with fishpen
awards. Therefore, the reference to Board
Resolution No. 68, instead of Board Resolution No. 28, in the PAGC Resolution
is unmistakably a typographical error on the part of PAGC but, nonetheless, rectifiable.
Moreover, the respondents counter-affidavit shows that he had knowledge
of the fact that he was being charged with violation of Board Resolution No. 28. He even argued that the said resolution was an
invalid and illegal administrative rule. His position was that the resolution issued by
the Board of Directors of LLDA was an unreasonable exercise of its legislative
power because the enabling law of LLDA, R.A. No. 4850, did not require the
public bidding of free fishpen areas.[55] Then, in his motion for reconsideration before
the OP, he argued that the resolution was invalid because it was never approved
by the President, contrary to Section 4(k) of R.A. No. 4850 (as amended by
Presidential Decree No. 813) which provides:
(K) For the purpose of effectively regulating and monitoring activities in Laguna de Bay. The Authority shall have exclusive jurisdiction to issue new permit for the use of the lake waters for any projects or activities in/or affecting the said lake including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like, and to impose necessary safeguards for lake quality control and management and to collect necessary fees for said activities and projects: Provided, That the fees collected for fisheries may be shared between the Authority and other government agencies and political subdivisions in such proportion as may be determined by the President of the Philippines upon recommendation of the Authoritys Board: Provided further, That the Authoritys Board may determine new areas of fishery development or activities which it may place under the supervision of the Bureau of Fisheries and Aquatic Resources taking into account the overall development plans and programs for Laguna de Bay and related bodies of water: Provided, finally, That the Authority shall subject to the approval of the President of the Philippines promulgate such rules and regulations which shall govern fisheries development activities in Laguna de Bay which shall take into consideration among others the following: socio-economic amelioration of bona-fide resident fishermen whether individually or collectively in the form of cooperatives, lakeshore town development, a master plan for fish construction and operation, communal fishing ground for lakeshore town residents, and preference to lakeshore town residents in hiring laborers for fishery projects. [Emphasis supplied]
Regrettably, the CA sustained the respondents argument. A careful examination of the abovementioned
law shows that presidential approval is only required for rules and regulations
which shall govern fisheries development activities in Laguna de Bay. The question then is whether Board Resolution
No. 28 falls under that category of rules subject to approval by the
President. The answer is in the
negative.
The Revised Laguna de Bay Zoning and Management Plan[56] allocated
10,000 hectares of the lake surface areas for fishpen operators. In the event that the area would not be fully
occupied after all qualified operators had been assigned their respective
fishpen areas, the residual free areas would be opened for bidding to other
prospective qualified applicants. Accordingly, Board Resolution No. 28 simply
set forth the guidelines for the public bidding of the remaining free fishpen
areas in Laguna de Bay.[57] It did not require presidential approval
because it did not regulate any fisheries development activities. Hence, the questioned resolution cannot be
declared invalid on the basis of the CAs ratiocination that the resolution
lacked the approval of the President.
WHEREFORE, the petition is GRANTED. The Decision of the Court of Appeals is REVERSED and SET ASIDE and another judgment entered reinstating
the
SO ORDERED.
JOSE
CATRAL
Associate Justice
WE CONCUR:
DIOSDADO M.
PERALTA
Associate Justice
Acting Chairperson
LUCAS P. BERSAMIN ROBERTO A. ABAD
Associate Justice Associate Justice
MARIA
Associate Justice
A T T E S T
A T I O N
I attest that the conclusions
in the above Decision had been reached in consultation before the case was
assigned to the writer of the opinion of the Courts Division.
DIOSDADO M. PERALTA
Associate Justice
Acting Chairperson, Third Division
C E R T I F
I C A T I O N
Pursuant to Section 13,
Article VIII of the Constitution and the Division Chairpersons Attestation, I
certify that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Courts Division.
RENATO C. CORONA
Chief Justice