Tantuico, Jr. v.

Domingo
Case No. 285
G. R. No. 96422 (February 28, 1994)
Chapter IV, Page 176, Footnote No.205
FACTS:
The petition questions the withholding of one-half of Petitioner’s retirement
benefits. Petitioner was Chairman of the COA from 1976 to 1986. On December 1985,
he applied for and obtained clearance, which covered the period from 1976 to
1985, from all money, property, and other accountabilities in preparation for his
retirement. After the EDSA Revolution, he submitted his resignation and sought a
second clearance for the period from January 1, 1986 to March 9, 1986. Respondent,
who took over as Chairman, created an inventory/audit of all equipment acquired
during the tenure of his 2 predecessors. After the committee recommended
Petitioner’s clearance from accountability and after another special audit,
Respondent approved Petitioner’s application for retirement but added that . of the
money value of benefits due would be withheld subject to the findings of the audit.
ISSUE:
W/N Respondent can authorize that half of Petitioner’s retirement benefits
may be withheld.
HELD:
No. Under Section 4 of RA 1568 providing for life pension to the Auditor
General and members of COMELEC, the benefits granted shall not be subject to
garnishment, levy or execution. Likewise, under Section 33 of P.D. 1146 (Revised
Government Service Insurance Act), the benefits granted “shall not be subject,
among others, to attachment, garnishment, levy or other processes.” Withholding
Petitioner’s benefits is not allowed in this case. Well-settled is the rule that retirement
laws are liberally interpreted in favor of the retiree because the intention is to provide
for the retiree’s well-being.

Facts:

Petitioner and private respondent vied for the position of Vice-Mayor of

the Municipality of Babatngon, Province of Leyte

Petitioner's late husband

,... James L. Engle,... was originally a candidate

; however, he died of cardiogenic shock... petitioner filed her certificate of

candidacy... as a... substitute candidate for her deceased spouse.

private respondent filed

Petition to Deny Due Course and/or Cancel the Certificate of Candidacy

(COC) of petitioner arguing in the main that the latter misrepresented that
she is qualified to substitute her husband

He argued that... petitioner's declaration that she was a member of the

political party, Lakas-CMD, was intended to deceive the electorate that
she was qualified to substitute her husband.

Elections were held. James L. Engle's name remained on the ballot.

petitioner was declared as the duly-elected Vice-Mayor of Babatngon,

Leyte.

It was only

COMELEC... denied due course to and cancelled petitioner's COC resulting

in the annulment of petitioner's previous proclamation as duly-elected
Vice-Mayor

Issues:

Whether or not petitioner Engle can validly substitute for her late husband
James Engle who was an independent candidate for Vice- Mayor of
Babatngon, Leyte

Ruling:

ules and regulations for the conduct of... elections are mandatory before
the election, but when they are sought to be enforced after the election
they are held to be directory only, if that is possible, especially where, if
they are held to be mandatory, innocent voters will be deprived of their
votes without any fault... on their part.

Over time, we have qualified this doctrine to refer only to matters of form
and cannot be applied to the substantial qualifications of candidates.

petitioner's deceased husband's name remained on the ballot

notwithstanding his death even before the campaign period for the local
elections began

Yet, he received almost twice the... number of votes as the second placer,
private respondent, in a decisive victory.

Since the people of Babatngon, Leyte could not have possibly meant to
waste their votes on a deceased candidate, we conclude that petitioner
was the undisputed choice of the electorate as Vice-Mayor... on the
apparent belief that she may validly substitute her husband.
an election in which the voters have fully, fairly, and honestly expressed
their will is not invalid even though an improper method is followed in the
nomination of candidates.

e find that the late submission of Romualdez's authority to sign the CONA
of James L. Engle to the COMELEC was a mere technicality that cannot
be used to defeat the will of the electorate in a fair and honest election.

From the evidence it can be concluded that James L. Engle was not an
independent candidate but indeed a nominee of Lakas-CMD and he may
be validly substituted... by his wife, who was nominated by the same
political party, in light of his unexpected demise prior to the elections.

DSM Construction and Development Corp. vs CA

and Megaworld Globus Asia Inc. (G.R. No. 166993.
December 19, 2005)
31MAY
DSM CONSTRUCTION AND DEVELOPMENT CORPORATION, petitioner,
vs.
COURT OF APPEALS and MEGAWORLD GLOBUS ASIA, INC., respondents.
Ponente: PUNO
FACTS:
[P]etitioner and respondent entered into agreements for the construction of a condominium project owned
by respondent called “The Salcedo Park”, with petitioner as contractor. In the course of the project’s
construction, differences with respect to billings arose between the parties. Petitioner thus filed a
complaint for compulsory arbitration before the CIAC claiming payment for approximately P97 Million as
the outstanding balance due from respondent pursuant to the agreements. The CIAC rendered a decision
partially granting both petitioner’s and respondent’s claims in favor of petitioner. This award was affirmed
by the Court of Appeals. Thereafter, the Supreme Court promulgated its Decision affirming the judgment
of the Court of Appeals and lifting the TRO that was then still in effect.It became final and
executory. Petitioner centers on attempts, regrettably entertained by respondent Court of Appeals, to
thwart the execution of a final and executory decision of the Supreme Court.
ISSUE:
Whether or not the Court of Appeals gravely abused its discretion when it issued a Resolution enjoining
the enforcement of Alias Writ of Execution.

HELD:
YES. Petition was granted. The CIAC is ordered to proceed with the execution of its Decision.
RATIO:
Rule 1, Section 6 of the Rules of Court provides that the Rules shall be liberally construed in order to
promote their objective of securing a just, speedy and inexpensive disposition of every action and
proceeding. We have at times relaxed procedural rules in the interest of substantial justice.

But from the outset, it bears stressing that the subject of petitioner and respondent’s petitions is the
execution of a final judgment was affirmed by no less than this Court. This being so, the appellate court
should have been doubly careful about entertaining an obviously dilatory petition intended merely to delay
the satisfaction of the judgment. Any lower court or tribunal that trifles with the execution of a final and
executory judgment of the Supreme Court flirts with insulting the highest court of the land. While we do
not diminish the availability of judicial remedies to the execution of final judgments of this Court, as may
be sanctioned under the Rules of Court, such actions could only prosper if they have basis in fact and in
law. Any court or tribunal that entertains such baseless actions designed to thwart the execution of final
judgments acts with grave abuse of discretion tantamount to lack of jurisdiction. It is the positive duty of
every court of the land to give full recognition and effect to final and executory decisions, much less those
rendered by the Supreme Court.

The abuse of discretion amounting to lack or excess of jurisdiction in this case was made manifest by the
fact that the appellate court not only took cognizance of the case and issued the assailed restraining
order. It eventually decided the case in petitioner’s (respondent herein) favor as well notwithstanding the
dearth of any basis for doing so.