Case Digest (G.R. No. 147410)
Facts:
In Department of Finance v. Silvestre et al. (G.R. No. 209331, August 24, 2015), petitioners Secretary Cesar V. Purisima of the Department of Finance (DOF) and Commissioner Rozzano Rufino B. Biazon of the Bureau of Customs (BOC) challenged before the Supreme Court an order of the Regional Trial Court (RTC) of Manila, Branch 17, presided by Judge Felicitas O. Laron-Cacanindin, extending a 72-hour Temporary Restraining Order (TRO) to twenty days without requiring bond. The TRO had enjoined petitioners from implementing Customs Personnel Order No. B-189-2013 (CPO 189-2013), which detailed 27 collectors of customs—including respondents Ronnie C. Silvestre et al.—to the newly created Customs Policy Research Office (CPRO) under Executive Order No. 140 (EO 140) issued on September 2, 2013. EO 140, published September 17, 2013, took effect immediately and provided that CPRO “shall be composed of its organic personnel … augmented and reinforced by DOF and BOC personnel … detailed or secoCase Digest (G.R. No. 147410)
Facts:
- Executive Order No. 140 and Creation of CPRO
- On September 2, 2013, President issued EO 140 establishing the Customs Policy Research Office (CPRO) under the Department of Finance (DOF).
- EO 140 provided CPRO’s composition (organic personnel approved by DBM, augmented by DOF/BOC staff) and required immediate effectivity upon publication.
- EO 140 was published in Manila Bulletin and Philippine Star on September 17, 2013.
- Customs Personnel Order No. B-189-2013 and Respondents’ Petition
- On September 17, 2013, BOC Commissioner issued CPO B-189-2013 detailing 27 BOC officers (Collectors V & VI, including respondents) to CPRO effective immediately and “valid until sooner revoked.”
- On September 30, 2013, affected respondents filed a Petition for Declaratory Relief with TRO before the RTC of Manila, Branch 17.
- On October 1, 2013, Executive Judge Dela Cruz granted a 72-hour TRO enjoining implementation of CPO B-189-2013.
- On October 4, 2013, RTC Branch 17 (Judge Laron-Cacanindin) extended the TRO to 20 days without bond and set preliminary-injunction hearing.
- On October 21, 2013, petitioners (DOF & BOC) filed a certiorari/prohibition petition with the Supreme Court, alleging lack of RTC jurisdiction, failure to exhaust administrative remedies, and invalidity of CPO B-189-2013 and EO 140.
Issues:
- Does the RTC have jurisdiction over respondents’ action for declaratory relief?
- Did respondents fail to exhaust available administrative remedies before filing in the RTC?
- Did EO 140 violate Civil Code Article 2 by taking immediate effect upon publication?
- Was CPO B-189-2013 validly issued under EO 140, Civil Service Rules, and CSC policies?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)