Case Digest (G.R. No. 149724)
Facts:
Department of Environment and Natural Resources, represented herein by its Secretary, Heherson T. Alvarez v. DENR Region 12 Employees, represented by Baguidali Karim, G.R. No. 149724, August 19, 2003, Supreme Court First Division, Ynares‑Santiago, J., writing for the Court.On November 15, 1999, Israel C. Gaddi, Regional Executive Director (RED) of DENR Region XII, issued a Memorandum directing the immediate transfer of the DENR Region XII regional offices from Cotabato City to Koronadal (Marbel), South Cotabato. The Memorandum implemented DENR Administrative Order No. 99‑14 (DAO‑99‑14), which realigned administrative units pursuant to Executive Order No. 192 and expressly provided in a redistribution scheme that supervision of South Cotabato and Sarangani would be transferred to Region XII.
Respondents, employees of DENR Region XII who were members of the employees association “COURAGE” and were represented by their acting president, Baguindanai (Baguidali) A. Karim, filed a petition in the Regional Trial Court (RTC) of Cotabato (Civil Case No. 389) for nullity of orders with a prayer for preliminary injunction to stop the transfer. On December 8, 1999, the RTC issued a temporary restraining order enjoining the DENR from implementing the Memorandum. Petitioner moved for reconsideration and to dismiss, arguing, inter alia, that the transfer was an executive act rooted in E.O. No. 429 and R.A. No. 6734 and thus non‑justiciable.
On January 14, 2000, the RTC rendered judgment ordering respondents to cease and desist from enforcing the Memorandum and to return the seat of the DENR Region XII offices to Cotabato City; the motion for reconsideration was denied on April 10, 2000. Petitioner sought relief in the Court of Appeals by filing a petition for certiorari (docketed CA‑G.R. SP No. 58896). The Court of Appeals dismissed the petition outright for multiple procedural defects (failure to explain lack of personal service, lack of affidavit of service, failure to indicate dates of receipt of lower‑court orders, failure to attach certified copy of the denial of reconsideration, defective verification, and for using certiorari as a substitute for a lost appeal). A motion for reconsideration before the Court of Appeals was denied in a resolution dated August 20, 2001.
Petitioner then filed the present petition for review before the Supre...(Subscriber-Only)
Issues:
- May the Court relax procedural rules and entertain the petition for review despite the procedural defects in the Court of Appeals filing and the general rule that certiorari cannot substitute for a lost appeal?
- Were DAO‑99‑14 and the implementing Memorandum valid?
- Did the DENR Secretary have the authority to reorganize the DENR and order the transfer o...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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