Case Digest (G.R. No. L-44484)
Facts:
Osmundo G. Rama v. Court of Appeals, G.R. Nos. L-44484, L-44842, L-44591 and L-44894, March 16, 1987, Supreme Court Second Division, Alampay, J., writing for the Court.
During Governor Rene Espina's administration in Cebu, the provincial board headed by Espina, Vice-Governor Osmundo G. Rama, and members Pablo P. Garcia, Reynaldo M. Mendiola and Valeriano S. Carillo adopted Resolution No. 990, which declared a policy to mechanize maintenance of provincial roads and bridges and abolished around thirty positions (paid from the "JJ" Road and Bridge Fund) formerly filled by lower-salaried workers. The provincial government purchased heavy equipment (≈P4,000,000) and eased out some 200 employees; subsequently, however, the administration hired about 1,000 new employees and renovated the provincial engineer’s office.
Aggrieved former employees filed separate actions in the Court of First Instance (CFI) of Cebu for mandamus, annulment of Resolution No. 990, reinstatement and recovery of back salaries, damages and attorneys’ fees. The CFI declared Resolution No. 990 null and void, ordered re-creation of the positions, reinstated 56 petitioners headed by Jose Abala with back salaries, but awarded no damages.
On appeal, the Court of Appeals (CA) First Division in CA-G.R. No. 49328‑R affirmed the CFI’s disposition and modified by awarding P1,000.00 moral damages to each petitioner, payable personally and jointly by the respondent officials. Separately, dismissed employees Froilan Frondoso and Jeremias Luna brought a related petition; the CA Ninth Division (CA‑G.R. No. SP‑04649) followed the First Division, ordered reinstatement with back pay and awarded P1,000 moral damages plus P1,000 attorneys’ fees. Respondent officials (except Rama in one appeal) and the Province of Cebu appealed to the Supreme Court.
The Supreme Court consolidated G.R. Nos. L-44484, L-44842, L-44591 and L-44894 on March 28, 1977. The province’s earlier petition, docketed as G.R. No. L-44572, had been dismissed by this Court on October 25, 1976. Frondoso and Luna moved to dismiss L-44894 and L-44842 as barred by stare decisis given the dismissal of L-44572; the motion was noted but the Court ultimately found L-44894 meritorious of dismissal because its issues and prayers were virtually identical to those in L-44572. The c...(Subscriber-Only)
Issues:
- Should G.R. No. L-44894 be dismissed because it raises the same issues and prayers as the previously dismissed G.R. No. L-44572?
- Are petitioners Espina, Rama, Garcia, Mendiola and Carillo personally liable for damages for adopting Resolution No. 990 which abolished positions and resulted in the dismissal ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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