Professional Documents
Culture Documents
FIRST DIVISION
MARK JEROME S. MAGLALANG, G.R. No. 190566
Petitioner,
Present:
SERENO, C.J.,
-versus- Chairperson,
LEONARDO-DE CASTRO,
BERSAMIN,
VILLARAMA, JR., and
PHILIPPINE AMUSEMENT AND
REYES, JJ.
GAMING CORPORATION (PAGCOR),
as represented by its incumbent Chairman Promulgated:
EFRAIM GENUINO, .
Respondent. DEC 11 2013
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DECISION
4
PRESIDENTIAL DECREE NO. 1869 - CONSOLIDATING AND AMENDING PRESIDENTIAL
DECREE NOS. 1067-A, 1067-B, 1067-C, 1399 AND 1632, RELATIVE TO THE FRANCHISE AND
POWERS OF THE PHILIPPINE AMUSEMENT AND GAMING CORPORATION (PAGCOR).
5
Also referred to as Cecilia Alfonso in other pleadings and documents.
6
Supra note 1, at 12-16.
7
Id. at 91.
8
Id. at 92-94.
9
Id. at 95.
10
Id. at 96-100.
Decision 3 G.R. No. 190566
decision and further prayed in the alternative that if he is indeed found guilty
as charged, the penalty be only a reprimand as it is the appropriate penalty.
During the pendency of said motion, petitioner also filed a Motion for
Production 11 dated April 20, 2009, praying that he be furnished with copies
of documents relative to the case including the recommendation of the
investigating committee and the Decision/Resolution of the Board
supposedly containing the latters factual findings. In a letter-reply 12 dated
June 2, 2009, one Atty. Carlos R. Bautista, Jr. who did not indicate his
authority therein to represent PAGCOR, denied the said motion. Petitioner
received said letter-reply on June 17, 2009.
11
Id. at 106-107.
12
Id. at 108-110.
13
Id. at 104.
14
Id. at 105.
15
Id. at 39-56.
16
Supra note 2.
17
Sec. 2(1), Article IX-B of the 1987 Constitution provides:
Sec. 2. (1) The Civil Service embraces all branches, subdivisions, instrumentalities, and agencies
of the Government, including government-owned or controlled corporations with original charters.
Decision 4 G.R. No. 190566
18
Rollo, pp. 82-87.
19
Supra note 3.
20
508 Phil. 726, 732 (2005).
21
279 Phil. 203, 206-207 (1991).
Decision 5 G.R. No. 190566
22
Supra note 1, at 20-21.
23
570 Phil. 39, 47 (2008).
24
Section 47 (1), Title 1(A), Book V of E.O. No. 292, pertinently reads:
SEC. 47. Disciplinary Jurisdiction. (1) The Commission shall decide upon appeal all
administrative disciplinary cases involving the imposition of a penalty of suspension for more than
thirty days, or fine in an amount exceeding thirty days salary, demotion in rank or salary or transfer,
removal or dismissal from office. . . .
25
Petitioners Memorandum dated December 29, 2011, rollo, pp. 204-223.
26
366 Phil. 86 (1999).
27
PAGCORs Memorandum dated November 8, 2011, rollo, pp. 144-165.
Decision 6 G.R. No. 190566
Prescinding from the foregoing, the sole question for resolution is:
Was the CA correct in outrightly dismissing the petition for certiorari filed
before it on the ground of non-exhaustion of administrative remedies?
The case before us falls squarely under exception number 12 since the law
per se provides no administrative review for administrative cases whereby
28
G.R. No. 170599, September 22, 2010, 631 SCRA 73, 79-80. Citations omitted.
29
Hongkong & Shanghai Banking Corp., Ltd. v. G.G. Sportswear Mfg. Corp., 523 Phil. 245, 253-254
(2006), citing Province of Zamboanga Del Norte v. Court of Appeals, 396 Phil. 709, 718-719 (2000).
Emphasis supplied.
Decision 7 G.R. No. 190566
Section 37 (a) and (b) of P.D. No. 807, otherwise known as the Civil
Service Decree of the Philippines, provides for the unavailability of any
appeal:
Section 37. Disciplinary Jurisdiction.
30
Section 47 (1) and (2), Title 1(A), Book V of E.O. No. 292, provides:
SEC. 47. Disciplinary Jurisdiction. - (1) The Commission shall decide upon appeal all
administrative disciplinary cases involving the imposition of a penalty of suspension for more
than thirty days, or fine in an amount exceeding thirty days salary, demotion in rank or salary or
transfer, removal or dismissal from office. A complaint may be filed directly with the Commission by
a private citizen against a government official or employee in which case it may hear and decide the
case or it may deputize any department or agency or official or group of officials to conduct the
investigation. The results of the investigation shall be submitted to the Commission with
recommendation as to the penalty to be imposed or other action to be taken.
(2) The Secretaries and heads of agencies and instrumentalities, provinces, cities and
municipalities shall have jurisdiction to investigate and decide matters involving disciplinary
action against officers and employees under their jurisdiction. Their decisions shall be final in
case the penalty imposed is suspension for not more than thirty days or fine in an amount not
exceeding thirty days salary. In case the decision rendered by a bureau or office head is
appealable to the Commission, the same may be initially appealed to the department and finally to
the Commission and pending appeal, the same shall be executory except when the penalty is removal,
in which case the same shall be executory only after confirmation by the Secretary concerned.
Emphasis supplied.
Decision 8 G.R. No. 190566
discretion. A special civil action for certiorari under Rule 65 lies only when
there is no appeal, or plain, speedy and adequate remedy in the ordinary
course of law. Certiorari cannot be allowed when a party to a case fails to
appeal a judgment despite the availability of that remedy, as the same should
not be a substitute for the lost remedy of appeal. The remedies of appeal and
certiorari are mutually exclusive and not alternative or successive. 33
No pronouncement as to costs.
SO ORDERED.
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Associate Jus ce
33
Tejano, Jr. v. Sandiganbayan, G.R. No. 161778, April 7, 2009, 584 SCRA 191, 211-212.
34
Lambert Pawnbrokers and Jewelry Corporation v. Binamira, G.R. No. 170464, July 12, 2010, 624
SCRA 705, 714-715, citing Pascua v. NLRC (3rd Div.), 351 Phil. 48, 61 ( 1998).
35
LPBS Commercial, Inc. v. Hon. Ami/a, et al., 568 Phil. 182, 188 (2008).
'
Decision 10 G.R. No. 190566
WE CONCUR:
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TERESITA J:LE'oN!RnO-DE CASTRO
Associate Justice
Associate Justice
CERTIFICATION