Cases Original (Rule 65-86)

7/30/2019 Cases Original (Rule 65-86)

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PHIL. RABBIT VS. GOIMCO (2005)

Before us is a petition for certiorariseeking to set aside the Resolutions[1]

of the Court of Appeals dated February 3, 1998 in CA-G.R.

CV No. 56176 dismissing the appeal filed by the Philippine Rabbit Bus Liner, Inc., herein petitioner, for its failure to file the required

appellants brief within the reglementary period.

Petitioner is a corporation organized and existing under the Philippine laws and is engaged in business as a common carrier.

On October 17, 1983, petitioners bus No. 309 collided with a ten-wheeler truck in Dolores, Mabalacat, Pampanga. As a result

several passengers were injured. Nelson Goimco, Sr., herein respondent and one of the passengers, filed with the Regional Trial

Court (RTC), Branch 65, Tarlac City, a complaint for breach of contract of carriage against petitioner, docketed as Civil Case No.

6977. Spouses Isabelo and Remegia Ladia (also impleaded herein as respondents), parents of Isabelo Ladia, Jr. who died, likewise

instituted a similar complaint with the same court, docketed as Civil Case No. 7054. The two cases were consolidated and jointly

heard by the trial court.

After trial, the RTC rendered a Joint Decision, the dispositive portion of which reads:

WHEREFORE, judgment is rendered in favor of the plaintiffs and against the defendant as follows:

(1) Defendant is ordered to pay to plaintiff Nelson Goimco, Sr., the amount of P248,157.38 as and by way of

actual damages; the amount of P100,000.00 as and by way of moral damages; the amount

of P100,000.00 as and by way of exemplary damages; and the amount of P50,000.00 as and by way of

attorneys fees;

(2) Defendant is ordered to pay to the heirs of Isabelo Ladia, Jr., the amount of P50,000.00 for the death of

Isabelo Ladia, Jr., the amount of P75,000.00 as and by way of actual damages, and amount

of P15,000.00 as and by way of attorney s fees.

(3) Third-party defendant First Integrated Bonding and Insurance Company is ordered to pay to the

defendant the amount ofP50,000.00 by way of reimbursement of liabilities incurred by the defendant as

a result of the accident.

SO ORDERED.[2]

Both parties filed their respective motions for reconsideration of the Decision. Petitioner sought to be exonerated from all

civil liabilities, while respondents asked for an award corresponding to the loss of income of respondent Nelson Goimco and the late

Isabelo Ladia, Jr.

In an Order dated September 7, 1995, the trial court denied petitioners motion but granted those of respondents Goimco

and spouses Ladia, thus:

WHEREFORE, the decision of this court is hereby amended awarding the amount ofP679,629,60 to

Nelson Goimco andP100,980.00 to the heirs of Isabelo Ladia, Jr., for loss of income.

SO ORDERED.[3]

Petitioner then, through the law office of Escudero, Marasigan, Sta. Ana & E.H. Villareal, interposed an appeal to the Court

of Appeals.
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On October 2, 1997, petitioner received a copy of the Order of the Appellate Court directing it to file its appellants brief

within fifteen (15) days or until October 17, 1997. However, despite notice, petitioner did not file the required appellants

brief. Hence, on February 3, 1998, the Court of Appeals dismissed petitioners appeal pursuant to Section 1 (3), Rule 50 of the 1997

Rules of Civil Procedure, as amended.

Petitioner filed a motion for reconsideration alleging that the expiration of the reglementary period fell during more or less

at the time that the office log book (of its counsel), containing the schedules of hearings and deadlines for pleadings, motions and

other documents, inadvertently got lost.[4]

Hence, its failure to file the appellants brief was due to its (counsels) mistake or

excusable negligence.

On July 29, 1998, the Court of Appeals denied petitioners motion for reconsideration, holding that its counsel could have,

with ordinary prudence, updated the schedule of hearings and deadlines for the filing of pleadings, briefs and other court papers

within a lesser period of 4 months.[5]

Hence, the instant petition for certiorari.

This petition lacks merit.

What petitioner should have filed is a petition for review on certiorariunder Rule 45 of the 1997 Rules of Civil Procedure, as

amended, not a petition for certiorariunder Rule 65 of the same Rules. We have consistently held thatcertiorariis not a substitutefor a lost appeal.

[6]

The extraordinary writ of certiorari issues only for the correction of errors of jurisdiction or grave abuse of discretion

amounting to lack or excess of jurisdiction.[7]

Grave abuse of discretion is such capricious and whimsical exercise of judgment which

is equivalent to an excess or lack of jurisdiction, meaning that the abuse of discretion must be so patent and so gross as to amount

to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as

where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.[8]

We find that in dismissing petitioners appeal, the Court of Appeals did not gravely abuse its discretion.

Moreover, the right to appeal is not a natural right or a part of due process. It is merely a procedural remedy ofstatutory origin and may be exercised only in the manner prescribed by the provisions of law authorizing its exercise.

[9] Hence, its

requirements must be strictly complied with.[10]

Section 7, Rule 44 of the same Rules provides:

SEC. 7.Appellants brief. It shall be the duty of the appellant to file with the court within forty-five (45)

days from receipt of the notice of the clerk that all evidence, oral and documentary, are attached to record, seven

(7) copies of his legibly typewritten, mimeographed or printed brief, with proof of service of two (2) copies

thereof upon the appellee.

Section 1 (e), Rule 50 likewise states:

SEC. 1.Grounds for dismissal of appeal. An appeal may be dismissed by the Court of Appeals, on its

own motion or on that of the appellee, on the following grounds:

x x x

(e) Failure of the appellant to serve and file the required number of copies of his brief or

memorandum within the time prescribed by these Rules;
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In Casim v. Floredeliza,[11]

we stressed that the above Rules are designed for the proper and prompt disposition of cases

before the Appellate Court, for they provide for a system under which litigants may be heard in the correct form and mannerat the

prescribed time in an orderly confrontation before a court whose authority is unquestioned.

We note that petitioners previous counsel is a large law firm with several lawyers in its roster. Yet it took said

counsel four (4) months, from the expiration of the reglementary period, within which to file the appellants brief. It is settled

that failure to file brief for a client constitutes inexcusable negligence.[12]

Petitioners flimsy excusethat its counsels logbook

containing the schedules for the filing of pleadings and hearings was lost is, to say the least, most unpersuasive. Said counsel

should have examined consistently the records of its cases to find out what appropriate actions have to be taken thereon. The

notice to file the appellants brief was in the records of the instant cases all along. Had counsel been efficient in the handling of its

cases, the required appellants brief could have been filed on time. Its failure to do so is an inexcusable negligence.

It is settled that the mistakes, negligence, and omissions of counsel are binding upon his client.[13]

So should it be in the

instant cases.

On petitioners insistence that it was denied due process, suffice it to say that there is no denial of due process where the

adverse ruling was attributable to its counsels negligence.[14]

WHEREFORE, the petition is DISMISSED. Costs against petitioner.

SO ORDERED.
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CONCEPCION VS. COMELEC (2009)

Before us is the petition for certiorari[1]

filed by Jose Concepcion, Jr. (petitioner) seeking to set aside theEn Banc

Resolution dated 02 April 2007 and Orderdated 8 May 2007 of respondent Commission on Elections (COMELEC).[2]

The petition cites and quotes the assailed rulings, then recites that on January 5, 2007, the National Citizens Movement for Free

Elections (NAMFREL) filed a Petition for Accreditation to Conduct the Operation Quick Count with the COMELEC, docketed as SSP

No. 07-001.[3]

The present petitioner then the incumbent Punong BarangayofBarangayForbes Park, Makati City was one of the

signatories of the NAMFREL petition in his capacity as the National Chairman of NAMFREL.

On the same date, COMELEC promulgated Resolution No. 7798[4]

(Resolution 7798) that reads in full

WHEREAS, Section 3 of Executive Order [EO] No. 94 dated March 2, 1987, provides as follows:

Sec. 3. Prohibition on barangayofficials. No barangayofficial shall be appointed as member of the Board of Election Inspectors or

as official watcher of each duly registered major political party or any socio-civic, religious, professional or any similar organization of

which they may be members.

WHEREAS, the barangayis the smallest political unit of government and it is a widely accepted fact that barangayofficials wield

tremendous influence on their constituents or the residents in the barangay;

WHEREAS, the Boards of Election Inspectors [BEIs] are charged with the duty of maintaining the regularity and orderliness of the

election proceedings in each precinct to the end that elections will be honest, orderly, peaceful and credible:

WHEREAS, records of past political exercises show that on election day, the Commission on Elections usually receive numerous

complaints against barangayofficials entering polling places and interfering in proceedings of the BEIs thereby causing not only

delay in the proceedings, but also political tension among the BEIs, the voters and the watchers in the polling place;

NOW THEREFORE, to insure that elections are peaceful, orderly, regular and credible, the Commission on Elections, by virtue of the

powers vested in it by the Constitution, the Omnibus Election Code [OEC], EO No. 94, and other election laws RESOLVED to prohibit,

as it hereby RESOLVES to prohibit:

1. The appointment ofbarangayofficials which includes the Punong Barangay, Barangay

Kagawad, BarangaySecretary, BarangayTreasurer, and BarangayTanod, as Chairman/person and/or Member of the BEIs or as

official watcher of any candidate, duly registered major political party, or any similar organization, or any socio-civic, religious,

professional [sic], in the May 14, 2007 National and Local Elections . The prohibition extends to barangayofficials, employees

and tanods, who are members of accredited citizens arms.

2. The barangayofficials, employees and tanods from staying inside any polling place, except to cast their

vote. Accordingly, they should leave the polling place immediately after casting their vote.

This Resolution shall take effect on the seventh day after the publication in two (2) newspapers of general circulation in

the Philippines.

The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general

circulation and shall furnish copies thereof to all field officers of the Commission and the Department of Interior and Local

Government, other deputies and heads of accredited political parties.

SO ORDERED. [Emphasis supplied.]
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The COMELEC ruled on NAMFRELs petition for accreditation on April 2, 2007 in the assailed Resolution (April 2, 2007

Resolution), conditionallygranting NAMFRELs petition in the following tenor:[5]

Having already discussed above the reasons, both factual and legal, for the dismissal of the Verified Opposition, we find the

instant petition for accreditation as the citizens arm of the petitioner NAMFREL meritorious. Pursuant to Section 2(5), Article IX (C)

of the 1987 Philippine Constitution and Section 52(k) of the Omnibus Election Code, as amended, this Commission en banc hereby

resolves to accredit petitioner NAMFREL as its citizens arm in the 14 May 2007 national and local elections, subject to its direct and

immediate control and supervision.

There is, however, one important condition that must be fulfilled by the petitioner before its accreditation as citizens arm

could legally take effect. Accordingly, Mr. Jose S. Concepcion, Jr., the National Chairman of NAMFREL, must first be removed both as

a member and overall Chairman of said organization. As correctly pointed out by the oppositor, Mr. Concepcion, being the Barangay

Chairman of BarangayForbes Park, Makati City, cannot be a member much more the overall chairman of the citizens arm such as

NAMFREL. This is explicitly provided for in COMELEC Resolution No. 7798 promulgated on 5 January 2007, pertinent of which we

quote:

WHEREAS, Section 3 of Executive Order No. 94 dated March 2, 1987 provides as follows:

Sec. 3. Prohibition on Barangay officials No barangay official shall be appointed as member of the Board of Election Inspectors or

as watcher of each duly registered major political party or any socio-civic, religious, professional or any similar organization of which

they may be members.

xxx xxx xxx

NOW THEREFORE, to insure that the elections are peaceful, orderly, regular and credible, the Commission on Elections, by virtue of

the powers vested in it by the Constitution, the OEC, EO No. 94, and other election laws, RESOLVED to prohibit, as it is hereby

RESOLVES to prohibit:

1. The appointment of barangay officials which include the Punong Barangay, Kagawad, Barangay Secretary, Barangay Treasurer,

and Barangay Tanod, as Chairman / person and/or Members of the BEIs or as official watcher of any candidate, duly registered

major political party, or any similar organization, or any socio-civic, religious, professional, in the May 14, 2007 National and Local

Elections. The prohibition extends to the barangay officials, employees and tanods, who are members of the accredited citizens

arms.

x x x x

WHEREFORE, premises considered, this Commission en banc RESOLVED as it hereby RESOLVES, to grant the instant petition for

accreditation finding it imbued with merit.

x x x x
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The ACCREDITATION herein GRANTED is further SUBJECT TO THE FOLLOWING CONDITIONS:

1. The petitioner is hereby enjoined and encouraged by the Commission to re-organize in accordance with its own internal rules and

procedures as an independent organization, and to submit before election day a list of its responsible officers and members, deleting

therefrom the names of any previous officer or member similarly situated with Mr. Jose S. Concepcion, Jr. who are disqualified to be

part of the citizens arm in view of the passage of COMELEC Resolution No. 7798 on 5 January 2007;

x x x x

9. This accreditation shall be deemed automatically revoked in case petitioner violates any of the provisions and conditions set forth

herein. [Italics supplied.]

Soon thereafter, NAMFREL filed a Manifestation and Request for Re-Examination that: (1) contains information regarding

NAMFRELs reorganization and its new set of officersshowing that the petitioner had stepped down as National Chair and had been

replaced by a new Chair; (2) manifests NAMFRELs acceptance of the conditional grant of its petition for accreditation; and (3)

includes NAMFRELs request for a re-examination without further arguments of the April 2, 2007 Resolution as it specifically affected

the petitioners membership with NAMFREL. In this Manifestation and Request for Re-examination, NAMFREL outlined its various

objections and concerns on the legality or validity of Resolution 7798.

The COMELEC, in its Order of May 8, 2007, noted the information relating to NAMFRELs current officers, and denied the request to

examine its (COMELECs) interpretation of the April 2, 2007 Resolution prohibiting petitioners direct participation as member and

National Chairman of NAMFREL. The COMELEC reasoned out that the April 2, 2007 Resolution is clear, and NAMFREL had not

presented any convincing argument to warrant the requested examination.

NAMFREL did not question the COMELECs ruling.

THE PETITION

Instead of a direct reaction from NAMFREL, the petitioner filed the present petition, ostensibly questioning the COMELECs April

2, 2007 Resolution, but actually raising issues with respect to Resolution 7798. To illustrate this point, the headings of the

petitioners cited grounds were as follows:

COMELEC HAS ACTED WITHOUT JURISDICTION OR IN EXCESS OF ITS JURISDICTION WHEN IT ISSUED COMELEC RESOLUTION NO.

7798 WHICH HAS NO STATUTORY BASIS.[6]

COMELEC SERIOUSLY ERRED AND GRAVELY ABUSED ITS DISCRETION AMOUNTING TO LACK OF JURISDICTION OR IN EXCESS OF ITS

JURISDICTION WHEN IT RETROACTIVELY APPLIED COMELEC RESOLUTION NO. 7798 TO NAMFRELS PETITION.[7]
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NAMFREL CHAIRMAN JOSE CONCEPCION WAS NOT ACCORDED DUE PROCESS WHEN HE WAS NEITHER GIVEN THEOPPORTUNITY TO

QUESTION COMELEC RESOLUTION NO. 7798 NOR THE OPPORTUNITY TO PRESENT HIS SIDE REGARDING THE PROHIBITION.[8]

The petitioner expounded on the invalidity of Resolution 7798 with the following arguments which, for brevity and ease of

presentation, we summarize below:

1. EO No. 94 issued by then President Corazon Aquino on December 17, 1986 prohibits the appointment of barangayofficials as members of the BEI or as official watchers of each duly registered major political party or any socio-civic, religious,

professional or any similar organization of which they may be members. This law, according to the petitioner, could not however

be the statutory basis of Resolution 7798 because:

a. the prohibition under EO No. 94 applies only to the February 2, 1987 plebiscite. The restrictive application is evident from a

reading of the EOs title[9]

and of one of its whereas clauses.[10]

b. nothing in EO No. 94 prohibits the petitioners membership with NAMFREL or the petitioners appointment as Chair or member

of a duly accredited COMELECs citizen arm. The petitioner, who then chaired NAMFREL, was never appointed as BEI member or aspoll watcher.

c. the underlying purpose of Resolution 7798 is to prevent barangayofficials from wielding their influence during the voting and

canvassing stages by entering polling places under the pretext of acting as poll watchers. The petitioner was not a poll watcher; the

COMELEC could have therefore simply prohibited the appointment ofbarangaychairmen as BEI members or poll watchers, and

would have already achieved its purpose.

d. the COMELEC cannot, in the guise of regulation, go beyond or expand the mandate of a law because the COMELEC has no law-

making powers.

e. Resolution 7798 cannot be applied retroactively. Its effectivity clause provides that it shall be effective on the 7th

day after its

publication in a newspaper of general circulation, that is, only on January 14, 2007. Since NAMRELs petition was filed on January 5,

2007 (or before Resolution 7798s effectivity), it could not have applied to NAMFRELs petition.

2. Resolution 7798 is an invalid implementing regulation, as it failed to comply with the following requisites for the validity

of implementing rules and regulations:

a. the rules and regulations must have been issued on the authority of law;

b. the rules and regulations must be within the scope and purview of the law;

c. the rules and regulations must be reasonable;
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d. the rules and regulations must not be contrary to laws or to the Constitution.

3. On constitutional grounds, the petitioner objected to Resolution 7798 because:

a. the Resolution is unreasonable, as it bears no relation to the very purpose of the law; its prohibition is harsh, oppressive, and

serves no purpose at all.

b. Resolution 7798 violates the petitioners right to association through its enforced removal of the petitioner as member and

Chair of NAMFEL.

c. the COMELEC denied him of his right to procedural due process; he was not afforded the cardinal administrative due process

right to a hearing,[11]

as he was not given the opportunity to be heard or at least to comment on Resolution 7798 upon which his

removal as National Chair and member of NAMFREL was based. He should have been heard since he was not a party to the petition

for accreditation in his personal capacity. Thus, the April 2, 2007 Resolution conditionally granting NAMFRELs petition for

accreditation should be nullified insofar as it required the petitioners resignation from NAMFREL as a pre-condition for the

effectivity of its accreditation.

THE OSG RESPONSE

The Office of the Solicitor General (OSG) defends the validity of Resolution 7798 with the following arguments:

1. Resolution 7798 was issued by the COMELEC as a valid exercise of its quasi-legislative power to implement elections

laws. Hence, notice and hearing are not required for its validity. The OSG cites Section 52 (c) of the OEC empowering the COMELEC

to promulgate rules and regulations implementing the provisions of this Code (the OEC) or other laws which the Commission is

required to enforce and administerin relation with thesettled principle [citing Central Bank v. Cloribel(44 SCRA 307 [1972])] that

notice and hearing are not required when an administrative agency exercises its quasi -legislative power,[12]

as opposed to quasi-

judicial power which requires notice and hearing;[13]

and

2. EO No. 94 applies to the May 14, 2007 national and local elections. While EO No. 94 may have been issued primarily for

the February 2, 1987 plebsicite, its spirit and intent find applicability and relevance to future elections. Thus, the COMELECs

reliance on EO No. 94 when it issued Resolution 7798 is certainly valid and proper;

3. While the petitioner is not appointed as member of the BEI or as watcher, he nonetheless labors under a conflict of

interest, given that a COMELEC-accredited citizens arm is also entitled, under Section 180 of the OEC to appoint a watcher in every

polling place. Additionally, the fact that the petitioner is a barangaychairman and at the same time the NAMFREL Chair clearly

raises questions on his neutrality and non-partisanship; COMELEC non-partisanship may at the same time be compromised, as it is

the COMELEC which accredits its citizens arm.

The OSGin arguing that Resolution 7798 was issued pursuant to the COMELECs mandate and is not, therefore, tainted with grave

abuse of discretion also harks back at the extent of the power of the COMELEC under Section 2(1) of Article IX(C) of the

Constitution that gives COMELEC the broad power to administer the conduct of an election, plebiscite, initiative, referendum and

recall[14]

; there can hardly be any doubt that the text and intent of the constitutional provision is to give COMELEC all the necessary

and incidental powers for it to achieve the objective of holding free, orderly, honest, peaceful, and credible elections .


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THE COURTS RULING

We resolve to DISMISS the petition for blatant misuse of Rule 65 of the Rules of Court.

A primary consideration for us in looking at the petition is its thrust or focus. The petition mentions three legal instrumentsrelated with the case, namely: (1) EO No. 94 issued by then President Aquino; (2) COMELECs April 2, 2007Resolutionconditionally

granting NAMFRELs accreditation, subject to the conditions that the petitioner and similarly situated barangayofficials shall not be

included as members or officials of NAMFREL; and (3) COMELEC Resolution 7798, issued pursuant to EO No. 94 and which in turn is

the basis for the April 2, 2007 Resolution.

We reiterate that the present petition, by its express terms, seeks to set aside the En Banc Resolution dated 02 April 2007 and the

Order dated 8 May 2007 of Respondent Comelecwho, in grave abuse of discretion and in gross violation of Petitioners right to due

process of law, denied Petitioners right to associate when the Respondent Comelec, as a condition of NAMFRELs accreditation as

citizen arm, directed the removal of Petitioner as overall Chairman and member. In arguing for this objective, the petitioner directs

his attention at Resolution 7798, not at the April 2, 2007 Resolution, as can be seen from the grounds summarized above. In the

process, he likewise raises issues that call for the interpretation of Resolution 7798s underlying basis EO No. 94.

Expressed in procedural terms, the petitioner now seeks to assail, in his individual capacity, a

COMELEC adjudicatoryresolution (i.e., the April 2, 2007 Resolution) for its adverse effects on him when he was not a party to that

case. NAMFREL (the direct party to the case and who had accepted the COMELEC accreditation ruling), on the other hand, is not a

party to the present petition. Its non-participation is apparently explained by the position it took with respect to the April 2,

2007 Resolution; in its Manifestation and Request for Examination, it asked for a re-examination of the April 2, 2007 Resolution, but

interestingly stated that

21. NAMFREL accepts the terms of the accreditation and further manifests that it has commenced full efforts into preparing

for the performance of its duties and obligations as the Commissions citizen arm. [Emphasis supplied.]

Thus, the present petition is clearly the petitioners own initiative, and NAMFREL, the direct party in the COMELECsApril 2,

2007 Resolution, has absolutely no participation.

Another unusual feature of this case is the focus of the petition. While its expressed intent is to assail the COMELECs April 2,

2007 Resolution (an exercise of the COMELECs quasi-judicial functions), its focus is on the alleged defects of Resolution 7798, a

regulation issued by the COMELEC in the exercise of its rulemaking power.

The above features of the petition render it fatally defective. The first defectlies in the petitioners personality to file a petition

for certiorarito address an adjudicatory resolution of the COMELEC in which he was not a party to, and where the direct party,

NAMFREL, does not even question the assailed resolution. It would have been another matter if NAMFREL had filed the present

petition with the petitioner as intervenor because of his personal interest in the COMELEC ruling. He could have intervened, too,

before the COMELEC as an affected party in NAMFRELs Manifestation and Request for Examination. As a last recourse, the

petitioner could have expressly stated before this Court the procedural problems he faced and asked that we suspend the rules

based on the unusual circumstances he could have pointed out. None of these actions, however, took place. Instead, the petitioner

simply questioned the COMELECs April 2, 2007 Resolution without explaining to this Court his reason for using Rule 65 as his


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medium, and from there, proceeded to attack the validity of COMELEC Resolution 7798. Under these questionable circumstances,

we cannot now recognize the petitioner as a party-in-interest who can directly assail the COMELECs April 2, 2007 Resolution in an

original Rule 65 petition before this Court.

The requirement of personality or interest is sanctioned no less by Section 7, Article IX of the Constitution which provides thata

decision, order, or ruling of a constitutional commission may be brought to this Court on certiorari by the aggrieved partywithin

thirty days from receipt of a copy thereof.[15]

This requirement is repeated in Section 1, Rule 65 of the Rules of Court, which applies

to petitions for certiorari under Rule 64 of decisions, orders or rulings of the constitutional commissions pursuant to Section 2, Rule

64.[16]

Section 1, Rule 65 essentially provides that a person aggrieved by any act of a tribunal, board or officer exercising judicial or

quasi-judicial functions rendered without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of

jurisdiction may file a petition for certiorari.

An aggrieved party under Section 1, Rule 65 is one who was a party to the original proceedings that gave rise to the original action

for certiorari under Rule 65. We had occasion to clarify and explain the aggrieved party requirement inTang v. Court of

Appeals[17]

where we said:

Although Section 1 of Rule 65 provides that the special civil action ofcertiorarimay be availed of by a "person aggrieved" by the

orders or decisions of a tribunal, the term "person aggrieved" is not to be construed to mean that any person who feels injured by

the lower courts order or decision can question the said courts disposition viacertiorari. To sanction a contrary interpretation

would open the floodgates to numerous and endless litigations which would undeniably lead to the clogging of court dockets and,

more importantly, the harassment of the party who prevailed in the lower court.

In a situation wherein the order or decision being questionedunderwent adversarial proceedings before a trial court, the "person

aggrieved" referred to under Section 1 of Rule 65 who can avail of the special civil action ofcertioraripertains to one who was a

party in the proceedings before the lower court. The correctness of this interpretation can be gleaned from the fact that a special

civil action for certiorarimay be dismissed motu proprio if the party elevating the case failed to file a motion for reconsideration of

the questioned order or decision before the lower court. Obviously, only one who was a party in the case before the lower court can

file a motion for reconsideration since a stranger to the litigation would not have the legal standing to interfere in the orders or

decisions of the said court. In relation to this, if a non-party in the proceedings before the lower court has no standing to file a

motion for reconsideration, logic would lead us to the conclusion that he would likewise have no standing to question the said order

or decision before the appellate court via certiorari. (emphasis supplied)

More importantly, we had this to say in Development Bank of the Philippines v. Commission on Audit[18]

- a case that involves

a certioraripetition, under Rule 64 in relation with Rule 65, of a ruling of the Commission on Audit (a constitutional commission like

COMELEC):

The novel theory advanced by the OSG would necessarily require persons not parties to the present case the DBP employees who

are members of the Plan or the trustees of the Fund to avail ofcertiorariunder Rule 65. The petition for certiorariunder Rule 65,however, is not available to any person who feels injured by the decision of a tribunal, board or officer exercising judicial or quasi

judicial functions. The person aggrieved under Section 1 of Rule 65 who can avail of the special civil action ofcertioraripertains

only to one who was a party in the proceedings before the court a quo, or in this case, before the COA. To hold otherwise would

open the courts to numerous and endless litigations. Since DBP was the sole party in the proceedings before the COA, DBP is the

proper party to avail of the remedy ofcertiorari.

The real party in interest who stands to benefit or suffer from the judgment in the suit must prosecute or defend an action. We

have held that interest means material interest, an interest in issue that the decision will affect, as distinguished from mere

interest in the question involved, or a mere incidental interest.


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The second fatal defect lies in the petitions thrust; it opened with and professed to be an express challenge to the COMELECs

adjudicatory April 2, 2007 Resolution, but in its arguments solely attacks and prays for the partial nullity of COMELEC Resolution

7798 issued in the exercise of the COMELECs rule making power. This approach is fatally defective because the petition thereby

converts an express challenge of an adjudicatory resolution made without the requisite standing into a challenge for the nullity

of a regulation through an original Rule 65 petition for certiorari.

To be sure, a COMELEC adjudicatory action can be challenged on the basis of the invalidity of the law or regulation that underlies the

action. But to do this, a valid challenge to the adjudicatory action must exist; at the very least, the petitioner must have the

requisite personality to mount the legal challenge to the COMELEC adjudicatory action.[19]

Where this basic condition is absent, the

challenge is unmasked for what it really is a direct challenge to the underlying law or regulation masquerading as a challenge to a

COMELEC adjudicatory action.

What is significant in appreciating this defect in the petition is the legal reality that the petitioner was not without any viable remedy

to directly challenge Resolution 7798. A stand-alone challenge to the regulation could have been made through appropriate

mediums, particularly through a petition for declaratory relief with the appropriate Regional Trial Court under the terms of Rule 63

of the Rules of Court, or through a petition for prohibition under Rule 65 to prevent the implementation of the regulation, as the

petitioner might have found appropriate to his situation. As already mentioned, a challenge can likewise be made in the course

ofvalidlycontesting an adjudicatory order of the COMELEC. Such challenge, however, cannot be made in an originalpetition

for certiorariunder Rule 65 dissociated from any COMELEC action made in the exercise of its quasi-judicial functions.

The petitioners unusual approaches and use of Rule 65 of the Rules of Court do not appear to us to be the result of any error in

reading Rule 65, given the way the petition was crafted. Rather, it was a backdoor approach to achieve what the petitioner could

not directly do in his individual capacity under Rule 65. It was, at the very least, an attempted bypass of other available, albeit

lengthier, modes of review that the Rules of Court provide. While we stop short of concluding that the petitioners approaches

constitute an abuse of process through a manipulative reading and application of the Rules of Court, we nevertheless resolve that

the petition should be dismissed for its blatant violation of the Rules. The transgressions alleged in a petition, however weighty they

may sound, cannot be justifications for blatantly disregarding the rules of procedure, particularly when remedial measures were

available under these same rules to achieve the petitioners objectives. For our part, we cannot and should not in the name ofliberality and the transcendental importance doctrine entertain these types of petitions. As we held in the very recent case

ofLozano, et al. vs. Nograles,[20]

albeit from a different perspective, our liberal approach has its limits and should not be abused.

WHEREFORE, premises considered, the petition is DISMISSED.

Cost against the petitioner.

SO ORDERED.
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UY KIAO ENG vs. NIXON LEE (2010)

Before the Court is a petition for review on certiorariunder Rule 45 of the Rules of Court, assailing the August 23, 2006 Amended

Decision[1]

of the Court of Appeals (CA) in CA-G.R. SP No. 91725 and the February 23, 2007 Resolution,[2]

denying the motion for

reconsideration thereof.

The relevant facts and proceedings follow.

Alleging that his father passed away on June 22, 1992 in Manila and left a holographic will, which is now in the custody of

petitioner Uy Kiao Eng, his mother, respondent Nixon Lee filed, on May 28, 2001, a petition for mandamus with damages, docketed

as Civil Case No. 01100939, before the Regional Trial Court (RTC) of Manila, to compel petitioner to produce the will so that probate

proceedings for the allowance thereof could be instituted. Allegedly, respondent had already requested his mother to settle and

liquidate the patriarchs estate and to deliver to the legal heirs their respective inheritance, but petitioner refused to do so without

any justifiable reason.[3]

In her answer with counterclaim, petitioner traversed the allegations in the complaint and posited that the same be dismissedfor failure to state a cause of action, for lack of cause of action, and for non-compliance with a condition precedent for the filing

thereof. Petitioner denied that she was in custody of the original holographic will and that she knew of its whereabouts. She,

moreover, asserted that photocopies of the will were given to respondent and to his siblings. As a matter of fact, respondent was

able to introduce, as an exhibit, a copy of the will in Civil Case No. 224-V-00 before the RTC of Valenzuela City. Petitioner further

contended that respondent should have first exerted earnest efforts to amicably settle the controversy wit h her before he filed the

suit.[4]

The RTC heard the case. After the presentation and formal offer of respondents evidence, petitioner demurred, contending

that her son failed to prove that she had in her custody the original holographic will. Importantly, she asserted that the pieces of

documentary evidence presented, aside from being hearsay, were all immaterial and irrelevant to the issue involved in the

petitionthey did not prove or disprove that she unlawfully neglected the performance of an act which the law specifically enjoinedas a duty resulting from an office, trust or station, for the court to issue the writ of mandamus.

[5]

The RTC, at first, denied the demurrer to evidence.[6]

In its February 4, 2005 Order,[7]

however, it granted the same on

petitioners motion for reconsideration. Respondents motion for reconsideration of this latter order was denied on September 20,

2005.[8]

Hence, the petition was dismissed.

Aggrieved, respondent sought review from the appellate court. On April 26, 2006, the CA initially denied the appeal for lack of

merit. It ruled that the writ of mandamus would issue only in instances when no other remedy would be available and sufficien t to

afford redress. Under Rule 76, in an action for the settlement of the estate of his deceased father, respondent could ask for thepresentation or production and for the approval or probate of the holographic will. The CA further ruled that respondent, in the

proceedings before the trial court, failed to present sufficient evidence to prove that his mother had in her custody the original copy

of the will.[9]

Respondent moved for reconsideration. The appellate court, in the assailed August 23, 2006 Amended Decision,[10]

granted the

motion, set aside its earlier ruling, issued the writ, and ordered the production of the will and the payment of attorneys fees. It

ruled this time that respondent was able to show by testimonial evidence that his mother had in her possession the holographic will.
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Dissatisfied with this turn of events, petitioner filed a motion for reconsideration. The appellate court denied this motion in the

further assailed February 23, 2007 Resolution.[11]

Left with no other recourse, petitioner brought the matter before this Court, contending in the main that the petition for

mandamus is not the proper remedy and that the testimonial evidence used by the appellate court as basis for its ruling is

inadmissible.[12]

The Court cannot sustain the CAs issuance of the writ.

The first paragraph of Section 3 of Rule 65 of the Rules of Court pertinently provides that

SEC. 3. Petition for mandamus.When any tribunal, corporation, board, officer or person unlawfully neglects the performance

of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from

the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in

the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with

certainty and praying that judgment be rendered commanding the respondent, immediately or at some other time to be specifiedby the court, to do the act required to be done to protect the rights of the petitioner, and to pay the damages sustained by the

petitioner by reason of the wrongful acts of the respondent.[13]

Mandamus is a command issuing from a court of law of competent jurisdiction, in the name of the state or the sovereign, directed to

some inferior court, tribunal, or board, or to some corporation or person requiring the performance of a particular duty therein

specified, which duty results from the official station of the party to whom the writ is directed or from operation of law.[14]

This

definition recognizes the public character of the remedy, and clearly excludes the idea that it may be resorted to for the purpose of

enforcing the performance of duties in which the public has no interest.[15]

The writ is a proper recourse for citizens who seek to

enforce a public right and to compel the performance of a public duty, most especially when the public right involved is mandatedby the Constitution.

[16]As the quoted provision instructs, mandamus will lie if the tribunal, corporation, board, officer, or person

unlawfully neglects the performance of an act which the law enjoins as a duty resulting from an office, trust or station.[17]

The writ of mandamus, however, will not issue to compel an official to do anything which is not his duty to do or which it is his

duty not to do, or to give to the applicant anything to which he is not entitled by law.[18]

Nor will mandamus issue to enforce a right

which is in substantial dispute or as to which a substantial doubt exists, although objection raising a mere technical question will be

disregarded if the right is clear and the case is meritorious.[19]

As a rule, mandamus will not lie in the absence of any of the following

grounds: [a] that the court, officer, board, or person against whom the action is taken unlawfully neglected the performance of an

act which the law specifically enjoins as a duty resulting from office, trust, or station; or [b] that such court, officer, board, or person

has unlawfully excluded petitioner/relator from the use and enjoyment of a right or office to w hich he is entitled.[20]

On the part of

the relator, it is essential to the issuance of a writ of mandamus that he should have a clear legal right to the thing demanded and itmust be the imperative duty of respondent to perform the act required.

[21]

Recognized further in this jurisdiction is the principle that mandamus cannot be used to enforce contractual

obligations.[22]

Generally, mandamus will not lie to enforce purely private contract rights, and will not lie against

an individual unless some obligation in the nature of a public or quasi-public duty is imposed.[23]

The writ is not appropriate to

enforce a private right against an individual.[24]

The writ of mandamus lies to enforce the execution of an act, when, otherwise,

justice would be obstructed; and, regularly, issues only in cases relating to the public and to the government; hence, it is called a

prerogative writ.[25]

To preserve its prerogative character, mandamus is not used for the redress of private wrongs, but only in

matters relating to the public.[26]
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Moreover, an important principle followed in the issuance of the writ is that there should be no plain, speedy and adequate

remedy in the ordinary course of law other than the remedy of mandamus being invoked.[27]

In other words, mandamus can be

issued only in cases where the usual modes of procedure and forms of remedy are powerless to afford relief.[28]

Although classified

as a legal remedy, mandamus is equitable in its nature and its issuance is generally controlled by equitable principles.[29]

Indeed, the

grant of the writ of mandamus lies in the sound discretion of the court.

In the instant case, the Court, without unnecessarily ascertaining whether the obligation involved herethe production of the

original holographic willis in the nature of a public or a private duty, rules that the remedy of mandamus cannot be availed of by

respondent Lee because there lies another plain, speedy and adequate remedy in the ordinary course of law. Let it be noted

that respondent has a photocopy of the will and that he seeks the production of the original for purposes of probate. The Rules of

Court, however, does not prevent him from instituting probate proceedings for the allowance of the will whether the same is in his

possession or not. Rule 76, Section 1 relevantly provides:

Section 1. Who may petition for the allowance of will.Any executor, devisee, or legatee named in a will, or any other person

interested in the estate, may, at any time, after the death of the testator, petition the court having jurisdiction to have the will

allowed, whether the same be in his possession or not, or is lost or destroyed.

An adequate remedy is further provided by Rule 75, Sections 2 to 5, for the production of the original holographic will. Thus

SEC. 2. Custodian of will to deliver.The person who has custody of a will shall, within twenty

(20) days after he knows of the death of the testator, deliver the will to the court having jurisdiction, or to the executor named in

the will.

SEC. 3. Executor to present will and accept or refuse trust.A person named as executor in a will shall within twenty (20) days

after he knows of the death of the testator, or within twenty (20) days after he knows that he is named executor if he obtained such

knowledge after the death of the testator, present such will to the court having jurisdiction, unless the will has reached the court in

any other manner, and shall, within such period, signify to the court in writing his acceptance of the trust or his refusal to accept it.

SEC. 4. Custodian and executor subject to fine for neglect.A person who neglects any of the duties required in the two last

preceding sections without excuse satisfactory to the court shall be fined not exceeding two thousand pesos.

SEC. 5. Person retaining will may be committed.A person having custody of a will after the death of the testator who

neglects without reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, may be committed

to prison and there kept until he delivers the will.[30]

There being a plain, speedy and adequate remedy in the ordinary course of law for the production of the subject will, the remedy of

mandamus cannot be availed of. Suffice it to state that respondent Lee lacks a cause of action in his petition. Thus, the Court grants

the demurrer.
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WHEREFORE,premises considered, the petition for review on certiorariis GRANTED. The August 23, 2006 Amended Decision and

the February 23, 2007 Resolution of the Court of Appeals in CA-G.R. SP No. 91725 are REVERSED and SET ASIDE. Civil Case No.

01100939 before the Regional Trial Court of Manila is DISMISSED.

SO ORDERED.


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MASIKIP vs. CITY OF PASIG

Where the taking by the State of private property is done for the benefit of a small community which seeks to have its own

sports and recreational facility, notwithstanding that there is such a recreational facility only a short distance away, such taking

cannot be considered to be for public use. Its expropriation is not valid. In this case, the Court defines what constitutes a genuine

necessity for public use.

This petition for review on certiorariassails the Decision[1]of the Court of Appeals dated October 31, 1997 in CA-G.R. SP No.

41860 affirming the Order[2]

of the Regional Trial Court, Branch 165, Pasig City, dated May 7, 1996 in S.C.A. No. 873. Likewise

assailed is the Resolution[3]

of the same court dated November 20, 1998 denying petitioners Motion for Reconsideration.

The facts of the case are:

Petitioner Lourdes Dela Paz Masikip is the registered owner of a parcel of land with an area of 4,521 square meters located at

Pag-Asa, Caniogan, Pasig City, Metro Manila.

In a letter dated January 6, 1994, the then Municipality of Pasig, now City of Pasig, respondent, notified petitioner of its

intention to expropriate a 1,500 square meter portion of her property to be used for the sports development and recreational

activities of the residents of Barangay Caniogan. This was pursuant to Ordinance No. 42, Series of 1993 enacted by the

thenSangguniang Bayan of Pasig.

Again, on March 23, 1994, respondent wrote another letter to petitioner, but this time the purpose was allegedly in line with

the program of the Municipal Government to provide land opportunities to deserving poor sectors of our community.

On May 2, 1994, petitioner sent a reply to respondent stating that the intended expropriation of her property is

unconstitutional, invalid, and oppressive, as the area of her lot is neither sufficient nor suitable to provide land opportunities to

deserving poor sectors of our community.

In its letter of December 20, 1994, respondent reiterated that the purpose of the expropriation of petitioners property is to

provide sports and recreational facilities to its poor residents.

Subsequently, on February 21, 1995, respondent filed with the trial court a complaint for expropriation, docketed as SCA No.

873. Respondent prayed that the trial court, after due notice and hearing, issue an order for the condemnation of the property;

that commissioners be appointed for the purpose of determining the just compensation; and that judgment be rendered based onthe report of the commissioners.

On April 25, 1995, petitioner filed a Motion to Dismiss the complaint on the following grounds:

I

PLAINTIFF HAS NO CAUSE OF ACTION FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN, CONSIDERING THAT:

(A) THERE IS NO GENUINE NECESSITY FOR THE TAKING OF THE PROPERTY SOUGHT TO BE EXPROPRIATED.

(B) PLAINTIFF HAS ARBITRARILY AND CAPRICIOUSLY CHOSEN THE PROPERTY SOUGHT TO BE EXPROPRIATED.

(C) EVEN ASSUMINGARGUENDOTHAT DEFENDANTS PROPERTY MAY BE EXPROPRIATED BY PLAINTIFF, THE FAIR MARKET

VALUE OF THE PROPERTY TO BE EXPROPRIATED FAR EXCEEDS SEVENTY-EIGHT THOUSAND PESOS (P78,000.00)

II

PLAINTIFFS COMPLAINT IS DEFECTIVE IN FORM AND SUBSTANCE, CONSIDERING THAT:

(A) PLAINTIFF FAILS TO ALLEGE WITH CERTAINTY THE PURPOSE OF THE EXPROPRIATION.

(B) PLAINTIFF HAS FAILED TO COMPLY WITH THE PREREQUISITES LAID DOWN IN SECTION 34, RULE VI OF THE RULES AND

REGULATIONS IMPLEMENTING THE LOCAL GOVERNMENT CODE; THUS, THE INSTANT EXPROPRIATION PROCEEDING IS PREMATURE.
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III

THE GRANTING OF THE EXPROPRIATION WOULD VIOLATE SECTION 261 (V) OF THE OMNIBUS ELECTION CODE.

IV

PLAINTIFF CANNOT TAKE POSSESSION OF THE SUBJECT PROPERTY BY MERELY DEPOSITING AN AMOUNT EQUAL TO FIFTEEN

PERCENT (15%) OF THE VALUE OF THE PROPERTY BASED ON THE CURRENT TAX DECLARATION OF THE SUBJECT PROPERTY.[4]

On May 7, 1996, the trial court issued an Order denying the Motion to Dismiss,[5]

on the ground that there is a genuine

necessity to expropriate the property for the sports and recreational activities of the residents of Pasig. As to the issue of justcompensation, the trial court held that the same is to be determined in accordance with the Revised Rules of Court.

Petitioner filed a motion for reconsideration but it was denied by the trial court in its Order of July 31, 1996. Forthwith, it

appointed the City Assessor and City Treasurer of Pasig City as commissioners to ascertain the just compensation. This prompted

petitioner to file with the Court of Appeals a special civil action for certiorari, docketed as CA-G.R. SP No. 41860. On October 31,

1997, the Appellate Court dismissed the petition for lack of merit. Petitioners Motion for Reconsideration was denied in a

Resolution dated November 20, 1998.

Hence, this petition anchored on the following grounds:

THE QUESTIONED DECISIONDATED 31 OCTOBER 1997 (ATTACHMENT A) ANDRESOLUTION DATED 20 NOVEMBER 1998

(ATTACHMENT B) ARE CONTRARY TO LAW, THE RULES OF COURT AND JURISPRUDENCE CONSIDERING THAT:

I

A. THERE IS NO EVIDENCE TO PROVE THAT THERE IS GENUINE NECESSITY FOR THE TAKING OF THE PETITIONERS PROPERTY.

B. THERE IS NO EVIDENCE TO PROVE THAT THE PUBLIC USE REQUIREMENT FOR THE EXERCISE OF THE POWER OF EMINENT

DOMAIN HAS BEEN COMPLIED WITH.

C. THERE IS NO EVIDENCE TO PROVE THAT RESPONDENT CITY OF PASIG HAS COMPLIED WITH ALL CONDITIONS PRECEDENT FOR

THE EXERCISE OF THE POWER OF EMINENT DOMAIN.

THE COURTA QUOS ORDER DATED 07 MAY 1996 AND 31 JULY 1996, WHICH WERE AFFIRMED BY THE COURT OF APPEALS,

EFFECTIVELY AMOUNT TO THE TAKING OF PETITIONERS PROPERTY WITHOUT DUE PROCESS OF LAW:

II

THE COURT OF APPEALS GRAVELY ERRED IN APPLYING OF RULE ON ACTIONABLE DOCUMENTS TO THE DOCUMENTS ATTACHED TO

RESPONDENT CITY OF PASIGSCOMPLAINTDATED 07 APRIL 1995 TO JUSTIFY THE COURTA QUOS DENIAL OF PETITIONERS

RESPONSIVE PLEADING TO THE COMPLAINT FOR EXPROPRIATION (THE MOTION TO DISMISS DATED 21 APRIL 1995).

III

THE COURT OF APPEALS GRAVELY ERRED IN APPLYING THE RULE ON HYPOTHETICAL ADMISSION OF FACTS ALLEGED IN A

COMPLAINT CONSIDERING THAT THE MOTION TO DISMISS FILED BY PETITIONER IN THE EXPROPRIATION CASE BELOW WAS THE

RESPONSIVE PLEADING REQUIRED TO BE FILED UNDER THE THEN RULE 67 OF THE RULES OF COURT AND NOT AN ORIDNARY

MOTION TO DISMISS UNDER RULE 16 OF THE RULES OF COURT.

The foregoing arguments may be synthesized into two main issues one substantive and one procedural. We will first

address the procedural issue.
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Petitioner filed her Motion to Dismiss the complaint for expropriation on April 25, 1995. It was denied by the trial court on

May 7, 1996. At that time, the rule on expropriation was governed by Section 3, Rule 67 of the Revised Rules of Court which

provides:

SEC. 3. Defenses and objections. Within the time specified in the summons, each defendant, in lieu of an answer, shall

present in a single motion to dismiss or for other appropriate relief, all his objections and defenses to the right of the plaintiff to take

his property for the use or purpose specified in the complaint. All such objections and defenses not so presented are waived. A

copy of the motion shall be served on the plaintiffs attorney of record and filed with the court with proof of service.

The motion to dismiss contemplated in the above Rule clearly constitutes the responsive pleading which takes the place of an

answer to the complaint for expropriation. Such motion is the pleading that puts in issue the right of the plaintiff to expropriate

the defendants property for the use specified in the complaint. All that the law requires is that a copy of the said motion be served

on plaintiffs attorney of record. It is the court that at its convenience will set the case for trial after the filing of the said pleading.[6]

The Court of Appeals therefore erred in holding that the motion to dismiss filed by petitioner hypothetically admitted the truth

of the facts alleged in the complaint, specifically that there is a genuine necessity to expropriate petitioners property for public

use. Pursuant to the above Rule, the motion is a responsive pleading joining the issues. What the trial court should have done was

to set the case for the reception of evidence to determine whether there is indeed a genuine necessity for the taking of the

property, instead of summarily making a finding that the taking is for public use and appointing commissioners to fix just

compensation. This is especially so considering that the purpose of the expropriation was squarely challenged and put in issue by

petitioner in her motion to dismiss.

Significantly, the above Rule allowing a defendant in an expropriation case to file a motion to dismiss in lieu of an answer wasamended by the 1997 Rules of Civil Procedure, which took effect on July 1, 1997. Section 3, Rule 67 now expressly mandates that

any objection or defense to the taking of the property of a defendant must be set forth in an answer.

The fact that the Court of Appeals rendered its Decision in CA-G.R. SP No. 41860 on October 31, after the 1997 Rules of Civil

Procedure took effect, is of no moment. It is only fair that the Rule at the time petitioner filed her motion to dismiss should

govern. The new provision cannot be applied retroactively to her prejudice.

We now proceed to address the substantive issue.

In the early case ofUS v. Toribio,[7]

this Court defined the power of eminent domain as the right of a government to take and

appropriate private property to public use, whenever the public exigency requires it, which can be done only on condition of

providing a reasonable compensation therefor. It has also been described as the power of the State or its instrumentalities to take

private property for public use and is inseparable from sovereignty and inherent in government.

[8]

The power of eminent domain is lodged in the legislative branch of the government. It delegates the exercise thereof to local

government units, other public entities and public utility corporations,[9]

subject only to Constitutional limitations. Local

governments have no inherent power of eminent domain and may exercise it only when expressly authorized by statute.[10]

Section

19 of the Local Government Code of 1991 (Republic Act No. 7160) prescribes the delegation by Congress of the power of eminent

domain to local government units and lays down the parameters for its exercise, thus:

SEC. 19. Eminent Domain. A local government unit may, through its chief executive and acting pursuant to an ordinance,

exercise the power of eminent domain for public use, purpose or welfare for the benefit of the poor and the landless, upon payment

of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided, however, That, the power of

eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner and such offer was

not accepted: Provided,further, That, the local government unit may immediately take possession of the property upon the filing of

expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market valueof the property based on the current tax declaration of the property to be expropriated: Provided,finally, That, the amount to be

paid for expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of

the property.

Judicial review of the exercise of eminent domain is limited to the following areas of concern: (a) the adequacy of the

compensation, (b) the necessity of the taking, and (c) the public use character of the purpose of the taking.[11]
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In this case, petitioner contends that respondent City of Pasig failed to establish a genuine necessity which justifies the

condemnation of her property. While she does not dispute the intended public purpose, nonetheless, she insists that there must be

a genuine necessity for the proposed use and purposes. According to petitioner, there is already an established sports development

and recreational activity center at Rainforest Park in Pasig City, fully operational and being utilized by its residents, including those

from Barangay Caniogan. Respondent does not dispute this. Evidently, there is no genuine necessity to justify the expropriation.

The right to take private property for public purposes necessarily originates from the necessity and the taking must be

limited to such necessity. In City of Manila v. Chinese Community of Manila,[12]

we held that the very foundation of the right to

exercise eminent domain is a genuine necessity and that necessity must be of a public character. Moreover, the ascertainment of

the necessity must precede or accompany and not follow, the taking of the land. In City of Manila v. Arellano Law College,[13]

we

ruled that necessity within the rule that the particular property to be expropriated must be necessary, does not mean an absolute

but only a reasonable or practical necessity, such as would combine the greatest benefit to the public with the least inconvenience

and expense to the condemning party and the property owner consistent with such benefit.

Applying this standard, we hold that respondent City of Pasig has failed to establish that there is a genuine necessity to expropriate

petitioners property. Our scrutiny of the records shows that the Certification[14]

issued by the Caniogan Barangay Council dated

November 20, 1994, the basis for the passage of Ordinance No. 42 s. 1993 authorizing the expropriation, indicates that the intended

beneficiary is the Melendres Compound Homeowners Association, a private, non-profit organization, not the residents of

Caniogan. It can be gleaned that the members of the said Association are desirous of having their own private playground andrecreational facility. Petitioners lot is the nearest vacant space available. The purpose is, therefore, not clearly and categorically

public. The necessity has not been shown, especially considering that there exists an alternative facility for sports development and

community recreation in the area, which is the Rainforest Park, available to all residents of Pasig City, including those of Caniogan.

The right to own and possess property is one of the most cherished rights of men. It is so fundamental that it has been written into

organic law of every nation where the rule of law prevails. Unless the requisite of genuine necessity for the expropriation of ones

property is clearly established, it shall be the duty of the courts to protect the rights of individuals to their private

property. Important as the power of eminent domain may be, the inviolable sanctity which the Constitution attaches to the

property of the individual requires not only that the purpose for the taking of private property be specified. The genuine necessity

for the taking, which must be of a public character, must also be shown to exist.

WHEREFORE, the petition for review is GRANTED. The challenged Decision and Resolution of the Court of Appeals in CA-G.R. SP No.

41860 are REVERSED. The complaint for expropriation filed before the trial court by respondent City of Pasig, docketed as SCA No.

873, is ordered DISMISSED.
http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn12http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn12http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn12http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn13http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn13http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn14http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn14http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn14http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn13http://sc.judiciary.gov.ph/jurisprudence/2006/jan2006/136349.htm#_ftn12


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THIRD DIVISION

[G.R. No. 156078, March 14, 2008]

HEIRS OF CESAR MARASIGAN NAMELY: LUZ REGINA, CESAR JR., BENITO, SANTIAGO, RENATO, JOSE, GERALDO, ORLANDO, PETER,

PAUL, MAURICIO, ROMMEL, MICHAEL, GABRIEL, AND MARIA LUZ, ALL SURNAMED MARASIGAN, PETITIONERS, VS. APOLONIO,

LILIA, OCTAVIO, JR., HORACIO, BENITO JR., AND MARISSA, ALL SURNAMED MARASIGAN, AND THE COURT OF APPEALS,

RESPONDENTS.

D E C I S I O N

CHICO-NAZARIO, J.:

This is a Petition for Review under Rule 45 of the Revised Rules of Court, with petitioners praying for the reversal of the Decision[1]

of

the Court of Appeals dated 31 July 2002 and its Resolution[2]

dated 13 November 2002 denying the Petition forCertiorariand

Prohibition, with prayer for the issuance of a writ of preliminary injunction and restraining order, in CA- G.R. SP No. 67529.

Petitioners are asking this Court to (a) give due course to their petition; and (b) reverse and set aside, and thus, declare null and void

the Decision of the Court of Appeals in CA-G.R. SP No. 67529. However, petition

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