Case Digest (G.R. No. 146927)
Facts:
- Marcelo G. Tuazon, Jr. and Rodolfo M. Agdeppa filed a petition for review on certiorari against Guillermo Godoy and Rommel Trinidad.
- The case originated on February 2, 1995, when the National Housing Authority (NHA) approved Celcon Construction's bid, owned by Tuazon, for a two-storey building in Taguig, Metro Manila.
- The project was contracted for 120 days at a cost of P704,951.15, with a formal contract signed on March 20, 1995.
- During construction, Tuazon and Agdeppa faced challenges with NHA officials, particularly Godoy and Trinidad, who allegedly made unreasonable demands and withheld payments.
- The NHA issued a warning letter on June 6, 1995, citing a work slippage of 17.24%.
- The petitioners claimed that the respondents manipulated reports, hindering payment collection, leading to a halt in construction on October 1, 1995, due to financial issues.
- On November 29, 1995, they filed a sworn statement with the Civil Service Commission (CSC) against Godoy and Trinidad for various misconducts.
- The CSC dismissed the complaint on January 28, 1997, for lack of a prima facie case, a decision upheld by the Court of Appeals on April 26, 2000.
- The petitioners' motion for reconsideration was denied, prompting the filing of a petition for review on certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of the respondents, affirming the Court of Appeals' decision.
- The Court determined that the petitioners chose the incorrect remedy by filing a petition for certiorari instead of an appeal.
- The CSC did not exhibit gra...(Unlock)
Ratio:
- The Supreme Court highlighted that the petitioners improperly filed a petition for certiorari under Rule 65 instead of a petition for review under Rule 43, which is the appropriate remedy for appealing CSC decisions.
- The Court reiterated that certiorari cannot replace a lost or lapsed appeal reme...continue reading
Case Digest (G.R. No. 146927)
Facts:
The case involves a petition for review on certiorari filed by Marcelo G. Tuazon, Jr. and Rodolfo M. Agdeppa against Guillermo Godoy and Rommel Trinidad. The events leading to the case began on February 2, 1995, when the National Housing Authority (NHA) Board of Directors approved the bid of Celcon Construction, owned by Tuazon, for the construction of a two-storey multi-purpose building at the Maharlika Village Project in Taguig, Metro Manila. The project was contracted for a duration of 120 calendar days at a cost of P704,951.15. The formal contract was signed on March 20, 1995.
During the construction, Tuazon and Agdeppa encountered significant difficulties with the NHA officials, particularly with Godoy, the Officer-In-Charge, and Trinidad, the Principal Engineer. They alleged that Godoy made unreasonable demands before processing Celcon's request for a 15% advance payment and that he withheld the application for Change Order/Extra Work. Consequently, the NHA issued a warning letter on June 6, 1995, indicating that Celcon had incurred a work slippage of 17.24%. The petitioners claimed that the respondents manipulated accomplishment reports, making it difficult for Celcon to collect payments, which ultimately led to Celcon halting construction on October 1, 1995, due to financial constraints.
On November 29, 1995, Tuazon and Agdeppa filed a sworn statement with the Civil Service Commission (CSC), charging Godoy and Trinidad with dishonesty, grave misconduct, oppression, and conduct prejudicial to the best interest of the service. They claimed financial losses due to the r...