Rante v. Tondo Medical Center

FIRST DIVISION

[G.R. No. 240728. October 3, 2018.]

ROLANDO RANTE, DOING BUSINESS UNDER THE NAME AND STYLE OF JADEROCK BUILDERS, petitioner, vs.TONDO MEDICAL CENTER, REPRESENTED BY R. MARIA ISABELITA M. ESTRELLA, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedOctober 3, 2018which reads as follows:

"G.R. No. 240728 (Rolando Rante, doing business under the name and style of Jaderock Builders v. Tondo Medical Center, represented by R. Maria Isabelita M. Estrella). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.

After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision, which found that the funds sought to be garnished or executed upon are public in nature, and therefore may not satisfy judgments absent appropriation as required by law.

The CA correctly found that respondent Tondo Medical Center is a government facility and instrumentality, and administers public funds. In accordance with clear considerations of public policy, judgments rendered against the State and in favor of a private party, such as herein petitioner, may be limited only up to the completion of proceedings prior to the stage of execution. 1 To be sure, this universal principle does not render private parties without recourse in case of a finding of State liability. In the enforcement of upheld claims against government funds, the satisfaction must comply with the procedure as provided by Presidential Decree No. 1445, otherwise known as the Government Auditing Code of the Philippines, more specifically Section 26 thereof, 2 as detailed in Sections 1 3 and 2, 4 Rule VIII of its implementing rules. CAIHTE

WHEREFORE, premises considered, the petition is DENIED. The assailed Decision dated February 20, 2018 and Resolution dated July 4, 2018 of the Court of Appeals in CA-G.R. SP No. 149187 are hereby AFFIRMED.

SO ORDERED." Bersamin, J., on official travel. aScITE

 

Very truly yours,

(SGD.) LIBRADA C. BUENADivision Clerk of Court

 

Footnotes

1.Commissioner of Public Highways v. San Diego, G.R. No. L-30098, February 18, 1970, 31 SCRA 616, 625; Belleng v. Republic, G.R. No. L-19856, September 16, 1963, 9 SCRA 6, 8.

2. Sec. 26. General Jurisdiction. — The authority and powers of the Commission shall extend to and comprehend all matters relating to auditing procedures, systems and controls, the keeping of the general accounts of the Government, the preservation of vouchers pertaining thereto for a period of ten years, the examination and inspection of the books, records, and papers relating to those accounts; and the audit and settlement of the accounts of all persons respecting funds or property received or held by them in an accountable capacity, as well as the examination, audit, and settlement of all debts and claims of any sort due from or owing to the Government or any of its subdivisions, agencies and instrumentalities. The said jurisdiction extends to all government-owned or controlled corporations, including their subsidiaries, and other self-governing boards, commissions, or agencies of the Government, and as herein prescribed, including non-governmental entities subsidized by the government, those funded by donations through the government, those required to pay levies or government share, and those for which the government has put up a counterpart fund or those partly funded by the government.

3. Sec. 1. Original Jurisdiction. — The Commission Proper shall have original jurisdiction over: a) money claim against the Government; b) request for concurrence in the hiring of legal retainers by government agency; c) write off of unliquidated cash advances and dormant accounts receivable in amounts exceeding one million pesos (P1,000,000.00); d) request for relief from accountability for loses due to acts of man, i.e., theft, robbery, arson, etc., in amounts in excess of Five Million pesos (P5,000,000.00).

4. Sec. 2. Money claim. — A money claim against the government shall be filed directly with the Commission Secretary in accordance with the following:

   1. Petition. — A claimant for money against the Government, whose claim is cognizable by the Commission Proper, may file a petition. The party seeking relief shall be referred to as "Petitioner" and the government agency or instrumentality against whom a claim is directed shall be referred to as "Respondent." The petition shall also be assigned a docket number as provided in these Rules.

   2. Contents of Petition. — The petition shall contain the personal circumstances or juridical personality of the petitioner, a concise statement of the ultimate facts constituting his cause of action, a citation of the law and jurisprudence upon which the petition is based and the relief sought. The petition shall be accompanied by certified true copies of documents referred therein and other relevant supporting papers.

   3. Filing of Petition. — The petition shall be filed with the Commission Secretary, a copy of which shall be served on the respondent. Proof of service of the petition on the respondent together with proof of the payment of filing fee shall be attached to the petition.

   4. Order to Answer. — Upon the receipt of the petition, the Commission Secretary shall issue an Order requiring respondent to answer the petition within fifteen (15) days from receipt thereof.

   5. Answer. — Within fifteen (15) days from receipt of the said Order, the respondent shall file with the Commission Secretary an Answer to the petition. The answer shall be accompanied by certified true copies of documents referred to therein together with other supporting papers. The answer shall (a) point out insufficiencies or inaccuracies in the petitioner's statement of facts and issues and (b) state the reasons why the petition should be denied or dismissed or granted. Copy of the answer shall be served on the petitioner and the proof of service thereof shall be attached to the answer.

   6. Reply. — Petitioner may file a Reply, copy furnished the respondent, within fifteen (15) days from receipt of the Answer.

   7. Comment by Concerned Offices. — Money claims, except court-adjudicated claims, shall first be assigned by the Commission Secretary to the appropriate Central or Regional Office, for comment and recommendation prior to referral to the Legal Services Sector for preparation of the decision and formal deliberation by the Commission Proper.