335 Phil. 723
HERMOSISIMA, JR., J.:
"Petitioner American Inter-Fashion Corporation (AIFC) was a corporation organized under Philippine Laws engaged in the business of manufacturing and exporting garments. Prior to its incorporation, the original incorporators of AIFC were awarded the initial export quota (EQ) allocation by virtue of the resolution of the Garments & Export Textile Board (GTEB) dated July 30, 1984.'NOW THEREFORE, BE IT RESOLVED, as it is hereby resolved:
Before AIFC's incorporation, Glorious Sun, a corporation organized under Philippine Laws sometime in 1977, was a recipient of a substantial number of EQ allocations from the GTEB. On April 27, 1984, Glorious Sun was charged before the GTEB in OSC No. 84-B-1 with, and was found guilty of, misdeclaration of values of its imported raw materials resulting in dollar salting, and other related frauds, in connection with its importations in 1983. As a result, the EQs of Glorious Sun as well as its license to operate a bonded manufacturing warehouse were cancelled and its stockholders and officers were disqualified from engaging in garment exports. Its export quotas were thereafter given to two newly-formed corporations — the De Soleil Apparel Manufacturing Corporation (De Soleil) and the herein petitioner American Inter-Fashion Corporation (AIFC). These corporations were joint ventures of Hongkong investors and majority stockholders of Glorious Sun on one hand and, allegedly, one member of the family and one crony of President Marcos on the other (American Inter-Fashion Corp. vs. Office of the President, 197 SCRA 409, 413 & 414 [1991]). The cancelled EQs of Glorious Sun which were given to AIFC pertains to those under Cat 347/8 equivalent to 113,341-3 dozens which are the subject of dispute between GTEB and petitioner. Glorious Sun continues to claim its rights over the aforementioned EQ.
In the meantime, AIFC was able to maintain its EQ from 1984 up to the time of the filing of this petition (except for a brief period between 1986 and 1989 when AIFC was placed under sequestration) by continuously exporting or shipping out at least 95% of its current allocation as required by the rules and regulations of the GTEB. This fact was not denied by the respondents.
With the establishment of a new government in 1986, Glorious Sun, on September 7, 1989, filed an appeal with the Office of the President, which, in turn, set aside the GTEB decision adverse to Glorious Sun and remanded the case for genuine hearings where due process would be accorded both parties (supra). This decision was upheld by the Supreme Court in a petition docketed as G.R. No. 92422 and entitled American Inter-Fashion Corporation vs. Office of the President, GTEB and Glorious Sun. On May 23, 1991 and July 2, 1991, the Supreme Court, after finding that 'x x x American Inter-Fashion x x x. was created obviously to be the recipient of export quotas arbitrarily removed from the rightful owner [Glorious Sun]', affirmed the decision of the Office of the President remanding the case for further proceedings to the GTEB (supra, p. 426).
Pending its appeal to the Office of the President, Glorious Sun filed before the Securities and Exchange Commission (SEC) a Petition to Declare the Forfeiture of the Registration of AIFC on June 16, 1987. This was docketed as SEC-AC No. 319. On May 24, 1990, the PED ordered the revocation of AIFC's registration on the ground of 'fraud'. AIFC thereafter appealed to the SEC en banc, but the latter upheld the revocation on May 22, 1992. The subsequent Motion for Reconsideration of AIFC was also denied by the SEC on September 16, 1992.
On September 30, 1992, the Petition for Review filed by AIFC before this Court docketed as CA-G.R. No. 29017 was denied for having been filed beyond the reglementary period. This denial was upheld by the Supreme Court (3rd Division) in a Petition for Review docketed as G.R. No. 107742. AIFC's subsequent Motion for Reconsideration was likewise denied on February 17, 1993 and on July 1, 1993, the Supreme Court, en banc, upheld the cancellation of petitioner's certificate of registration with finality.
Meanwhile, on August 20, 1992, after further proceedings were conducted in OSC No. 84-B-1 concerning Glorious Sun's alleged violations and frauds, the GTEB adopted a resolution which reads as follows:
Incidentally, Glorious Sun also filed on September 21, 1992, GTEB Case No. 92-50 for the cancellation of the subject quotas allotted to AIFC and for restoration of the same to Glorious Sun. This case has not yet been resolved by GTEB.'x x relative to the request of American Inter-Fashion Corp. for the release of its 1993 Initial EQ/CEA entitlements under Cat. 347/8:
AIFC, on the other hand, prior to the Supreme Court denial of its petition for review of the cancellation of its registration, requested the GTEB to release its EQ allocation for 1993. This request was, however, refused by the GTEB in a resolution dated January 11, 1993, for the following reasons:
The above-quoted resolution was the subject of the petition filed by AIFC before the respondent Judge after GTEB refused to lift said order. This case which was docketed as Special Civil Action Case No. 93-1173 for Certiorari, prayed for the annulment of GTEB's aforementioned order, for the issuance of a temporary injunction restraining the implementation of said order, and for the immediate release of the regular EQ of AIFC for 1993. A temporary restraining order (Annex D) was thereafter issued by respondent Judge on April 13, 1993, enjoining GTEB from implementing its questioned order and from otherwise delaying the release of AIFC's EQ entitlement for 1993.'For resolution is the petitioner's prayer for the issuance of a writ of a preliminary prohibitory injunction x x x enjoining the GTEB and all persons acting under them from implementing the resolution of the respondent GTEB, suspending the petitioner's export quota entitlement for 1993 and, a writ of preliminary mandatory injunction commanding the GTEB to release the petitioner's 1993 initial export quotas.
On April 20, 1993, GTEB filed a Motion to Dismiss and also moved to quash the above-mentioned temporary restraining order. Thereafter, on May 3, 1993, the respondent Judge issued one of the Orders herein questioned which reads as follows:
AIFC's subsequent motion for reconsideration was likewise denied (Annex D). Hence, the instant petition.
Despite the Supreme Court's final decision upholding the cancellation of AIFC's certificate of registration, the latter, on July 13, 1993, filed another Petition for Certiorari before the Supreme Court docketed as SC-G.R. No. 110771, against SEC and Glorious Sun, assailing the SEC decision dated May 22, 1992 which ordered the revocation of AIFC's certificate of registration, and seeking to stop the cancellation of its certificate of registration. This petition (G.R. No. 110771) was denied by the Supreme Court on August 11, 1992 on the ground that the questioned decision of the SEC 'is the same decision assailed in a petition for review on certiorari filed with [the Supreme Court] on 23 November 1992 under Rule 45 of the Rules of Court, docketed as G.R. No. 107742. Records show that the petition (in G.R. No. 107742) was denied and a motion for reconsideration of said denial was denied with finality in the resolution of the Court en banc, dated 01 July 1993' (Annex A to Respondent's Memorandum; Rollo, p. 326). Petitioner's Motion for Reconsideration in G.R. No. 110771 is still pending resolution by the Supreme Court.
In the meantime, AIFC was awarded by the GTEB a REA-Flexibility quota of exactly the same category and amount as that which is the subject of this petition the release of which was deferred by the GTEB. This was done by the GTEB allegedly so as not to prejudice AIFC's export commitments pending any action on its request for the release of its 1993 EQs. AIFC had allegedly performed on the REA-Flex quota since January 1993 up to the present (Annex B to Respondent's Memorandum). The GTEB also allowed AIFC to continue importing raw materials 'to service the balance of its REA-Flex quota' (Annex C; Respondents' Memorandum, p. 17). Incidentally, the difference between the REA-Flex quota and the regular quota entitlement, is that the latter may be subject to restoration for the next quota year depending on performance of and compliance while the former is only good for one-time use and may not be carried over to the next quota year (Respondent's Memorandum, p. 16; Rollo, p. 326).
On September 10, 1993, this Court in the instant petition and through the former Seventeenth Division, required petitioner to amend its petition to include AIFC-International Fashion Corporation (hereinafter, AIFC-International) as co-petitioner considering AIFC's manifestation that it underwent a business reorganization which resulted in the establishment of AIFC-International as its wholly-owned subsidiary and the transfer to the latter of AIFC's regular export allocation with the GTEB (p. 167, Rollo).
Respondent GTEB objected to AIFC's motion to join AIFC-International as co-petitioner because the latter allegedly does not have any interest in the case at bar. Furthermore, the SEC had issued a restraining order on August 31, 1993 enjoining AIFC or any of its agents from transferring and conveying its assets to AIFC-International or any other subsidiary of AIFC (Annex A; p. 220, Rollo). The restraining order was issued in connection with SEC Case No. 08-93-4546 filed by Yeung Chun Kam, Yeung Chun Ho, and Archie Chan vs. American Inter-Fashion Crop. (Annex B, p. 221, Rollo).
It seems that Yeung Chun Kam, Yeung Chun Ho and Archie Chan are among the stockholders of petitioner AIFC known as the 'Hongkong Investors' who allegedly own an aggregate thirty-three percent (33%) of the total subscription of AIFC's capital stock of P2.5 Million. They alleged in their petition that they voted against the resolution adopted by AIFC which increased the corporation's capital stock from P2 Million to P60 Million, which resolved that the authorized capital stock be paid-up with the advances of the Campa Group representing 63% of the subscription of the capital stock of AIFC, and which also resolved that the corporation's creditors-stockholders would be given the right to subscribe to the authorized capital stocks by converting their advances to the Corporation into equity.
The Hongkong group allegedly disagreed with and voted against the resolution since they wanted the additional paid-up capital to be entirely in cash with all the stockholders infusing new money. The resolution was allegedly not implemented, instead, the Hongkong group claims to have discovered that without their knowledge the Campa group organized and registered a partnership called American Inter-fashion Ltd., Co., as well as another subsidiary, the AIFC-International. Claiming that these acts of establishing the two business entities violated their rights as minority stockholders of AIFC, Yeung Chun Ho, Yeung Chun Kam and Archie Chan filed SEC Case No. 08-93-4546 seeking to restrain the transfer and conveyance of AIFC's assets to AIFC-International and American Inter-Fashion Ltd., Co.; to cause the appointment of trustees for the purpose of the liquidation of AIFC under Sec. 122 of the Corporation Code; and to order AIFC to provide Yeung Chun Kam and company copies of its financial statements from 1989 to 1993 and to render an accounting of its operations during the said years (Rollo, pp. 222 to 235). This case is still pending before the SEC."[2]
"RESOLVED, that pending final decision/resolution of the Supreme Court on the case of American Inter-Fashion Corp. (AIFC) vs. SEC, the request of AIFC for release of its 1993 Initial EQ/CEA entitlements under Cat. 347/8, be, as it is hereby DEFERRED pending study by the Committee created under GTEB Office Order No. 92-1, dated September 11, 1992, and superseded by Office Order No. 92-2, dated November 17, 1992, to study and attend to the request of AIFC pertaining to the release of its export quotas which shall submit its findings/comments and recommendation on the matter to the Board in its next meeting. However, with regard to subject firm's goods ready for shipment, it can participate in the REA flexibility when the same is offered to enable them to fulfill their commitments."On April 13, 1993, the trial court issued a temporary restraining order against GTEB pending hearing on AIFC's application for the issuance of a writ of preliminary prohibitory injunction.
"It is clear from the express terms of the questioned Resolution of the respondent Garments and Textile Export Board that the petitioner's export quota has not been 'suspended' as claimed by the petitioner but was only 'Deferred' pending a study of certain matters by the committee created by GTEB. Said resolution further made provisions for the petitioner's goods which are ready for shipment by stating in the questioned resolution that 'with regard to subject firm's goods ready for shipment, it can participate in the REA flexibility when the same is offered to enable them to fulfill their commitments.'Through its Order dated May 25, 1993,[6] the trial court denied AIFC's motion for reconsideration of the May 3, 1993 Order. As a result thereof, AIFC filed with the Court of Appeals a petition for certiorari and mandamus from the aforementioned Orders of the trial court in Civil Case No. 93-1173 (docketed as CA-G.R. SP No. 31596) where it prayed that the May 3, 1993 and May 25, 1993 Orders be set aside and a writ of mandamus be issued directing the GTEB to release AIFC's EQs for 1993.
Thus, it is clear that the respondent GTEB has not as of this time, suspended or cancelled the petitioner's Export Quota but merely deferred its release to the petitioner pending the resolution of certain matters. As a further indication that the GTEB has not suspended the petitioner's export quota, is the fact that it has provided for temporary measures which allows the petitioner to ship its products which are ready for shipment in order not to unduly cause damage to the petitioner.
WHEREFORE, in view of all the foregoing, the petitioner's prayer for writs of preliminary prohibitory and mandatory injunctions are hereby DENIED."
"WHEREFORE, the instant petition is GRANTED and the Orders of the respondent Judge dated May 3, 1993 and May 25, 1993 are hereby annuled and set aside with no pronouncement as to costs."On February 11, 1994, the GTEB filed a "Motion For Reconsideration"[14] of the 21 January 1994 Decision.
"It bears stressing that the subject matter of the petition as well as of the decision sought to be reconsidered was only the 1993 allocation. Our decision herein did not concern itself with, nor was it called upon to rule upon, any future allocations the grant or release of which is the prerogative of the GTEB in accordance with law.
We never ordered the GTEB to release the 1993 allocation to AIFC, since the lapse of the year 1993 had rendered this issue moot and academic.
We wish to make it clear that this Court is not intruding in, nor are we adjudicating upon ourselves, the powers and functions of the GTEB. The decision to annul the orders in question was called for in view of the grave abuse of discretion exercised both by GTEB and the lower court in refusing to release petitioner's 1993 allocations despite the fact that it was clearly entitled to such release. This is well within the jurisdiction of this Court which has the authority to check the abuses which may have been committed by any officer, board or tribunal exercising judicial functions (Sec. 1, Rule 65, Rules of Court).
Neither are we ordering the GTEB to release or grant export quota allocations to the transferee of AIFC's 1993 EQ allocations. The decision never granted such right to the transferee since we know that this issue is solely within the jurisdiction of the GTEB. What the decision discussed was petitioner's act of transferring the interest and assets of the former AIFC to its transferee. We do not consider this as an adjudication of GTEB functions.
As regards the Motions to Intervene filed by Glorious Sun and Yeung Chun Kam and company, we find said motions improper. Intervention is not an independent action but is auxiliary and supplemental to existing litigation (Clareza vs. Rosales, 2 SCRA 455). The office of a petition for certiorari is only to check abuses or excesses in the exercise by a tribunal, board or officer, of its judicial functions and not to determine the respective rights and interests of the parties in the subject matter of the litigation. This petition is therefore not the proper forum for the discussion of the respective rights either or Glorious Sun or Yeung Chun Kam, and company. Whether or not Glorious Sun is entitled to quota allocations is an issue which could be properly raised before the GTEB. And regarding the interests of Yeung Chun Kam and company vis-a-vis those of AIFC's, the same should be properly ventilated in another appropriate proceeding.
Moreover, intervention is generally allowed only before or during trial (Sec. 2, Rule 12, Rules of Court) unless there are strong considerations to allow such intervention. None exists in this case.
In view of the denial of the Motions to Intervene filed by Glorious Sun, Yeung Chun Kam and company, there is no reason for us to discuss their motions for reconsideration.
WHEREFORE, premises considered, petitioner's Motion for the issuance of a Writ of Mandamus is DENIED. GTEB's motion for reconsideration is also DENIED as well as the Motions for Intervention filed by Glorious Sun, Yeung Chun Kam, Yeung Chun Ho, and Archie Chan."
GTEB thus filed its petition in G.R. No. 114711, where it prayed:
"WHEREFORE, premises considered, it is respectfully prayed that the 21 January 1994 Decision and 22 March 1994 Resolution of the Court of Appeals (except insofar as the latter correctly denied AIFC and AIFC International Fashion Corporation's 'Motion For Issuance Of Writ Of Mandamus') BE ANNULLED AND SET ASIDE; and that instead a Resolution be issued DISMISSING the petition in CA-G.R. SP No. 31596 in its entirety for being moot and academic and/or for lack of merit."
"a. AIFC, at the time of the award on August 1, 1984, did not have its own in-house production capacity; in this connection, AIFC, to this date, still has no in-house production capacity as it has continued not owning any factory, plant, or even a single sewing machine, nor can it show any lease agreement for the use of any manufacturing facilities;
b. AIFC had no personality at the time of the award on August 1, 1984 as it was not yet a corporation, its incorporation having been effected only on September 6, 1984; in this connection, on May 22, 1992, the certificate of registration of AIFC was revoked by order of the Securities and Exchange Commission on the ground that the same was secured through fraud; and
c. AIFC, upon its incorporation, included as stockholders persons who were at the time disqualified from engaging in the garments export business."
"8. On 27 April 1984, the GTEB, on the basis of trumped-up charges of misdeclaration of importations, issued a Decision in Adm. Case No. OSC 84-B-1, cancelling the export quotas and export authorizations of Glorious Sun, and on 01 August 1984 illegally awarded part thereof to AIFC. The dispositive portion of said Decision reads thus:'WHEREFORE, the Board finds that the Respondent firm violated its rules and regulations on importations and hereby imposes the following administrative penalties:
9. Subsequently, Glorious Sun appealed the said Decision to the Office of the President. On September 7, 1989, the Office of the President, in O.P. Case No. 3781, nullified the Decision of the GTEB in the succeeding manner:'WHEREFORE, the case is hereby remanded to the Garments and Textile Export Board for further proceedings, affording the Appellant an opportunity (a) of full disclosure of all the evidence and/or GTEB records relative to the charges in the Show Cause Order dated February 14, 1984, which evidence/records must be properly identified and their due execution and existence duly established by appropriate competent witnesses, and (b) of rebutting the same evidence/records through the presentation of additional evidence, after which the Board may, on the basis of said evidence and records, maintain or revise its decision in this case.'
10. Thereafter, acting on Motions for Reconsideration of its September 7, 1989 decision, the Office of the President, on February 20, 1990, expanded its previous decision. The pertinent portion of the Resolution denying said motions are hereunder quoted, to wit:'It is, however, insisted by the movants that the GTEB decision of April 27, 1984 had already become final and that Glorious Sun abandoned its right when it elevated the case to the Supreme Court by way of certiorari, docketed as G.R. No. 67180, "Glorious Sun Fashion Garments and Textile Manufacturing Company (Philippines), Inc. vs. Garments and Textile Export Board, etc. et al." We disagree. For, as explicitly shown by the resolution promulgated on June 4, 1984 by the Supreme Court in the said case and as found by this Office in the decision presently sought to be reconsidered, the said April 27, 1984 decision was rendered by the GTEB in flagrant violation of Glorious Sun's right to due process. Hence, the GTEB may be said to have 'acted without or in excess of jurisdiction and with grave abuse of discretion' (Barranza vs. Campos, Jr. 120 SCRA 881, 888-889) and, therefore, the said decision is null and void (Bacus vs. Ople, 132 SCRA 690, 710; Free Employees and Workers Assn. [FEWA] vs. Court of Industrial Relations, 14 SCRA 781, 784-787) as if it was not rendered at all. As succinctly held by the Supreme Court:
11. The Decision of the Office of the President was in turn upheld by the Supreme Court in a Resolution dated May 23, 1991 and another Resolution dated July 2, 1991 in American Inter-Fashion Corporation v. Office of the President (197 SCRA 409 [1991]). In said case, the Supreme Court, citing Mabuhay Textile Mills Corporation v. Ongpin (141 SCRA 437 [1986]), ruled that the export quota allocations of Glorious Sun had evolved into some form of property right, which should not be removed from it arbitrarily and without due process. Thus:'Contrary to the petitioner's posture, the record clearly manifests that in cancelling the export quotas of the private respondent GTEB violated the private respondent's constitutional right to due process. Before the cancellation in 1984, the private respondent had been enjoying export quotas granted to it since 1977. In effect the private respondent's export quota allocation which initially was a privilege evolved into some form of property right which should not be removed from it arbitrarily and without due process only to hurriedly confer it on another. Thus, in the case of Mabuhay Textile Mills Corporation v. Ongpin (Ibid), we stated:
12. After the aforementioned Decision of the Office of the President was affirmed by the Supreme Court, and pursuant to the directive embodied in the said O.P. Decision, the case was remanded to the GTEB for further proceedings. However, while Glorious Sun presented additional evidence in support of its position, the GTEB did not, as it could not, present any evidence relative to the charges in the show Cause Order dated 14 February 1984. Instead, and in view of this dearth of evidence against Glorious Sun, the GTEB encouraged the latter to enter into a compromise agreement.'NOW THEREFORE, BE IT RESOLVED, as it is hereby resolved that:
13. Glorious Sun assented to the execution of a compromise agreement primarily on the basis of an understanding with the GTEB that insofar as the balance of the export quotas due to Glorious Sun was concerned (which quotas AIFC was illegally and obstinately holding on to), Glorious Sun would be allowed to initiate separate proceedings for the recovery thereof against AIFC. Incidentally, this arrangement was rendered necessary by the fact that AIFC was never a proper party to, and had no personality to participate in Adm. Case No. OSC 84-B-1.
14.On August 20, 1992, the GTEB finally dismissed the complaint against Glorious Sun which formed the basis for the April 27, 1984 decision, restoring part of the export quota allocations of Glorious Sun. The dispositive portion of the said Resolution reads:
15. It will be noted that the Board restored to Glorious Sun the portion of the export quotas illegally taken away from Glorious Sun and given to DE Soleil Apparel Manufacturing Corporation (DSA), the same having been already taken back by the Board by cancellation. But, as stated above, with respect to the balance of the export quotas illegally taken away from Glorious Sun still being stubbornly illegally held on to by AIFC, additional steps became necessary for the recovery thereof.
16. Accordingly, on September 21, 1992, Glorious Sun filed GTEB Case No. 92-50 for the cancellation of the quotas illegally awarded to AIFC and for the restoration of the said quotas to Glorious Sun.
17. On August 3, 1993, the Hearing Officer submitted his Report with the recommendation that AIFC's export quotas be revoked/cancelled and the same be returned or awarded to Glorious Sun subject to GTEB rules and regulations on performance and forfeiture. However, instead of approving the Report of the Hearing Officer assigned to hear the case and who conducted the proceedings, the GTEB appointed a committee to prepare a Report.
18. The Committee submitted its Report and Recommendation under date of May 10, 1994. On June 21, 1994, the GTEB issued a Resolution adopting and approving in toto the Report and Recommendation. The pertinent portion of the Resolution reads:
19. AIFC filed the instant petition to annul the above-quoted June 21, 1994 Resolution of the GTEB, as well as to compel the latter to restore the cancelled export authorizations which AIFC claims it is entitled to."
"RESOLVED, that the findings and recommendation of the Committee on Administrative Case No. 92-50, as contained in Annex 'C', be, as they are hereby ADOPTED and APPROVED, in toto, wit:1. That the export quotas and export authorizations awarded to AIFC be cancelled;
"(a) annul and set aside the respondent Garments and Textile Export Board's (GTEB's) resolution dated 21 June 1994 in GTEB Case No. 92-0, entitled Glorious Sun vs. AIFC, for having been issued without or in excess of jurisdiction, or in grave abuse of discretion; andSimultaneous with the filing of its petition, AIFC filed a motion to consolidate the said petition with GTEB's petition in G.R. No. 114711. On July 20, 1994, after praying for time for the filing thereof, Glorious Sun filed, in G.R. No. 115889, a "Motion for Outright Dismissal of the Petition (with Opposition to Motion to Consolidate),” where it sought the dismissal of said petition on the grounds that (1) AIFC has no personality to file the petition; (2) AIFC failed to exhaust administrative remedies; and (3) AIFC is guilty of forum-shopping.
(b) have respondent GTEB commanded to restore or release petitioner AIFC's regular export quota entitlement for 1994."[23]
"(a) NOTE WITHOUT ACTION the motions filed by: (1) Glorious Sun Fashion Garments Manufacturing in G.R. No. 115889 for first and second extensions totalling fifteen (15) days from July 13, 1994 within which to file motion to dismiss petition and opposition to the motion to consolidate; and (2) American Inter-Fashion Corporation [N.B. this should have read 'Glorious Sun Fashion Garments Manufacturing'] in G.R. No. 114711 for the outright dismissal of the case with opposition to the motion to consolidate, it appearing that the: (1) motion for outright dismissal with opposition to the motion to consolidate was withdrawn by private respondent Glorious Sun Fashion Garments Manufacturing in G.R. No. 115889 through its manifestation dated August 11, 1994; and (2) motion to consolidate these cases was granted by the Second Division on July 20, 1994;
(b) GRANT the motions of: (1) private respondent American Inter-Fashion corporation: (aa) for a fourth (final) extension of five (5) days from July 23, 1994 within which to file comment on the petition for review on certiorari; and (bb) to admit comment on the petition in G.R. No. 114711;
(c) NOTE the: (1) urgent motion of petitioner in G.R. No. 115889 to resolve application for temporary restraining order or injunction; and (2) comment on the petition with motion for the issuance of a show cause order filed by private respondent American Inter-Fashion Corporation in G.R. No. 114711;
(d) require the petitioners [N.B. this should have read petitioner] to file a REPLY within ten (10) days from notice hereof to the comment on the petition filed by American Inter-Fashion Corporation; and
(e) NOTE the manifestation dated August 12, 1994 by Atty. Benjamin D. de Asis, manifesting his withdrawal as counsel for petitioner Garments and Textile Export Board in G.R. No. 114711 but require aforesaid counsel to SUBMIT the conformity of his client within five (5) days from notice hereof." [25]
"I. The First Division of this Honorable Court, as far back as 05 September 1994, had already acted upon petitioner's urgent motion for the issuance of a temporary restraining order or injunction, by merely noting the same.
II. In any event, the instant motions should nevertheless be denied, there being absolutely no showing that petitioner is clearly entitled to injunctive relief."[29]
"Considering the allegations contained, the issues raised and the arguments adduced in the petitions for review on certiorari, as well as the respective comments of the private respondents thereon and the replies of petitioner to said comments, the Court Resolved to give DUE COURSE to the petition, and to require the parties to FILE their respective MEMORANDA in both cases, within twenty (20) days from notice.
The Court further Resolved:
xxx xxx xxx
"1. At the outset, it should be mentioned that contrary to the 05 April 1995 Resolution of the Honorable Court, Glorious Sun has not yet filed its comment to American Inter-Fashion Corporation's (AIFC's) petition in the above-numbered case.
2. On 07 September 1994, Glorious Sun filed a motion for reconsideration of the order of this Honorable Court which consolidated the instant petition with the petition of the Garments and Textile Export Board (GTEB) in G.R. No. 114711. Glorious Sun included in said motion for reconsideration a 'Motion to Suspend Period to File Comment,' pending resolution by the Honorable Court of the consolidation incident.
3. Subsequent thereto, or on 22 September 1994, Glorious Sun filed a 'Manifestation and Motion to Suspend Further Proceedings Until After Resolution by Second Division of Motion for Reconsideration of Order of July 20, 1994 on Consolidation.
4. In view of the filing of the aforementioned motions, Glorious Sun held off the filing of its comment to the petition until said motions were resolved by the Honorable Court. To this day, however, no resolution has as yet been rendered by the Honorable Court relative to the above-stated motions.
5. We surmise that the comment being referred to by the Honorable Court as having been filed by Glorious Sun is that which the latter filed in connection with AIFC's Urgent Motions (1) to Resolve Application for Injunction; and (2) to Restore Status Quo Ante.
6. Be that as it may, Glorious Sun is filing the instant pleading which it prays be treated as its comment and memorandum."[32]
"The articles of incorporation of American Inter-Fashion Corporation (the new AIFC, for short) with SEC Reg. No. AS093-008101-A reveal that said corporation was formed for the purpose of re-registering American Inter-Fashion Corporation (the old AIFC) with SEC Reg. No. 12236 registered with the SEC on July 16, 1985 and that the same appear to have been approved by the Commission en banc in its Commission meeting held on October 14, 1993. What was actually approved in said meeting was the 'registration of a new corporation' and that it was not the intention of this Commission to approve the re-registration of the old AIFC.In the same "Manifestation," Glorious Sun prayed, among others, for the dismissal of the above-entitled petitions, citing as ground therefor the above-quoted SEC. Order recalling American Inter-Fashion Corporation's certificate of registration. Thereafter, American Inter-Fashion Corporation filed its "Counter Manifestation (To Glorious Sun's Manifestation dated July 15, 1996),"[35] to which Glorious Sun responded by way of its "Reply (Re: Counter-Manifestation)."[36]
American Inter-Fashion Corporation (SEC Reg. 12236), whose corporate registration had been ordered revoked, cannot avoid liquidation by reason of the revocation of its franchise and it cannot also be allowed to continue its business by virtue of its so-called 're-registration.'
Viewed in this light, this Commission en banc hereby RECALLS the certificate of registration issued to American Inter-Fashion Corporation on October 14, 1993 under SEC Reg. No. AS093-008101-A without prejudice to the registration of a new corporation."[34]
"I. The respondent Court of Appeals erred gravely in failing to rule that it had no jurisdiction over the petition in CA-G.R. SP No. 31596.
II. The respondent Court of Appeals erred gravely in failing to rule that the petition in CA-G.R. SP No. 31596 did not state a cause of action against GTEB.
III. The respondent Court of Appeals erred gravely in failing to hold that the 11 January 1993 Resolution issued by GTEB was valid and in the proper exercise of its administrative discretion and jurisdiction.
IV. The respondent Court of Appeals erred gravely in failing to hold that the petition in CA-G.R. SP No. 31596 was rendered moot and academic in its entirety by the mere passage of the year 1993.
V. The respondent Court of Appeals erred gravely in failing to deny and/or to dismiss the petition in CA-G.R. SP No. 31596 for lack of merit."[37]
"The GTEB has no jurisdiction to take cognizance of Glorious Sun's action against AIFC for 'recovery' of property."[39]
"In any case, the GTEB's issuance of a resolution deciding the action on its 'merits' without hearing AIFC's evidence is a violation of AIFC's right to due process."[40]
"The GTEB's cancellation of AIFC's EQs is a confiscation of property without due process of law."[41]
"The complaint was assigned for investigation and hearing to SEC's Prosecution and Enforcement Department (PED). On 14 May 1990, PED issued a resolution recommending the revocation of petitioner's SEC certificate of registration; however, on 24 May 1990, PED issued an amended resolution this time revoking the said certificate on the basis of its ruling that 'there was in effect no payment of at least P1,657,000.00 of the P2,500,000.00 supposed payment on subscription, contrary to the treasurer's affidavit that the subscription of P2,500,000.00 was fully paid and the payment had been fully received.' In PED's resolution of 15 October 1990, petitioner's motion for reconsideration was denied.It appears that subsequent to the revocation of AIFC's certificate of registration, or on October 14, 1993, AIFC registered anew with the SEC, this time under SEC Reg. No. AS093-008101-A under the name and style: AIFC International Fashion Corporation. Evidently then, the AIFC which filed the petition in G.R No. 115889 is the AIFC which was "re-registered" on the above date, the original AIFC's certificate of registration having been revoked with finality by virtue of our resolutions referred to in our above-quoted 11 August 1993 Resolution.[44] In the same manner, the AIFC which the GTEB refers to in its petition in G.R No. 114711 could not have been any one other than this same "re-registered" AIFC, said petition having been filed subsequent to the revocation of the original AIFC's certificate of registration.
Acting on petitioner's appeal (docketed as Sec-AC No. 319) from the said resolutions of PED, the SEC affirmed the same, in its decisions of 22 May 1992. A copy of which was received by petitioner on 25 May 1992. Petitioner's motion for reconsideration was denied by the SEC in the latter's order dated September 16, 1992, copy of which order was received by petitioner's counsel on September 18, 1992 (three [3] SEC commissioners concurred; two [2] dissented). On September 25, 1992, petitioner then filed a petition for review with the Court of Appeals docketed as CA-G.R. SP No. 29017. But on September 30, 1992, the Court of Appeals dismissed the petition on the ground that it was filed late (last day to file petition was on September 19, 1992, but petition was filed only on September 25, 1992, thus, petition was filed six [6] days late).
On November 23, 1992, petitioner filed a petition for review (under Rule 45 of the Rules of Court) with this Court, docketed as G.R. No. 107742 assailing the resolution of the Court of Appeals in said CA-G.R. SP No. 29017, and questioning the SEC decision of 22 May 1992 in SEC-AC No. 319. On January 13, 1993, this Court (Third Division) denied AIFC's petition, thus affirming the Court of Appeals' assailed resolution of September 30, 1992, on the ground that the appellate court committed no reversible error in dismissing the petition in CA-G.R. SP No. 29017. Petitioner's motion for reconsideration was referred to the Court en banc. On July 1, 1993 the Court en banc denied with finality petitioner's motion for reconsideration and held that the reason given by petitioner's counsel for late filing of its petition (i.e. petition was filed late with the Court of Appeals because petitioner's counsel Atty. Ceniza of Sycip Law got seriously ill) was not a valid excuse and not a compelling reason to reconsider the Court's resolution of January 13, 1993.
Petitioner's counsel has filed the present petition (filed on 13 July 1993) under Rule 65 of the Rules of Court, assailing the same PED resolutions and SEC decision assailed in G.R. No. 107742 (filed under Rule 45 of the Rules), this time on the ground that they were issued or rendered without jurisdiction.
As earlier noted, substantially and even principally the same issues and subject matter are raised and involved in the present petition (filed under Rule 65 of the Rules of Court) and those in the petition in G.R No. 107742 (filed under Rule 45 of the Rules).
In said G.R. No. 107742, petitioner had availed of the remedy of appeal by certiorari, i.e., appealing from the decision of the Court of Appeals in CA-G.R. SP No. 29017. Settled is the rule that a special civil action of certiorari (under Rule 65) is not a substitute for a lost appeal (Bank of America, et al., vs. CA, G.R No. 78917, June 8, 1990, 186 SCRA 417).
By the resolution of this Court en banc, dated July 1, 1993, rendered in G.R No. 107742, the petitioner's privilege (or opportunity) to question the SEC decision dated May 22, 1993 rendered in SEC-AC No. 319 was lost when the Court sitting en banc denied with finality the motion of petitioner to reconsider this Court's resolution of 13 January 1993, denying its petition for review (G.R. No. 107742).
Thus, since petitioner had already lost its privilege to question the SEC resolution dated May 22, 1992, petitioner can no longer assail the same SEC resolution, not even by certiorari under Rule 65 of the Rules of Court. A contrary rule would swamp this Court with petitions for certiorari under Rule 65 after an appeal is lost under Rule 45 of the Rules. This would subvert the long established public policy that litigations must come to an end at one time or other.
But even granting ex gratia arguendo that petitioner can still avail itself of the remedy of a special civil action of certiorari (under Rule 65) said remedy should be availed of within a reasonable period from the date of receipt of the assailed order/decision. In Reas vs. Bonife, we held that 'a petition for certiorari under Rule 65 is required to be filed within a reasonable period, no time frame being provided in the Rules within which such petition has to be filed.' In the subsequent case of Philsec Workers' Union vs. Hon. Romeo A. Young (Resolution dated 22 January 1992, G.R No. 101734), it was held that ninety (90) days from notice of the questioned order/decision is a reasonable period within which to file a petition for certiorari under Rule 65.
In the present petition, the assailed decision of the respondent SEC dated May 22, 1992, was received by petitioner's counsel on May 25, 1992, and the SEC's resolution denying petitioner's motion for reconsideration was received by petitioner on September 18, 1992. The present petition was filed on July 13, 1993. From September 18, 1992 to July 13, 1993, almost ten (10) months had lapsed. Undoubtedly, said period of ten (10) months is no longer a 'reasonable period' within which a petition for certiorari under Rule 65 may be filed.
As earlier said the denial of the petition in G.R No. 107742 is final. We must all be reminded of the settled rule that once a judgment has become final, the issues raised therein should be laid to rest. Hence, the issues raised anew regarding the again assailed decision of SEC, dated May 22, 1992, in SEC-AC No. 319, are no longer open to debate and/or adjudication.
ACCORDINGLY, the present petition is DISMISSED."[43]
50. Thus, if only on the basis of the above-quoted provision, and even in the face of the criteria set forth in Globe, it is at once evident that the power to adjudicate on the question of the AIFC's entitlement to the subject EQs is 'necessarily implied' from the Board's power to 'cancel or suspend quota allocations, export authorizations and licenses.'SEC. 5. Formal investigation. — (a) Whenever the Minister has verified that violation/s of 'Trade and Industry Laws' has/have been committed, he may motu proprio charge said violator/s, and thereafter proceed with a formal investigation, independent of the corresponding criminal or civil action for the said violation/s. The imposition of administrative penalties in the formal investigation is without prejudice to the imposition of penalties in the criminal action and/or judgment in the civil action, and vice versa. Provided, however, that in deciding the case the Minister or the judge, as the case may be, shall consider the decision of the other and impose further penalties, or consider the penalties imposed by the other as already sufficient, as his sense of justice dictates.
xxx xxx xxx
51. However, in addition to the above, E.O. No. 913, entitled 'Strengthening the Rule-Making and Adjudicatory Powers of the Minister of Trade and Industry in Order to Further Protect Consumers,' was likewise issued, which E.O., we respectfully submit, made the GTEB's power to adjudicate on the question of the AIFC's entitlement to the subject EQs more than just being merely 'necessarily implied.'
52. Thus, Section 5 of Article III of the above-numbered E.O. reads:
53. The above-quoted provisions are very significant in light of the definition of the 'Ministry' as the Ministry of Trade and Industry 'and/or any of its bureaus, offices, or attached agencies, or any other office, unit or committee by whatever name which is placed under or attached to the Ministry of Trade and Industry (Section 1, Article I, E.O. 913; Underscoring supplied).' The GTEB is one such bureau, office or agency.After examining the arguments raised by all parties concerned, we find the arguments of the GTEB and Glorious Sun to be impressed with merit, and accordingly hold that the power and jurisdiction to adjudicate on the question of AIFC's entitlement to the export allocations subject of the above-entitled petitions (be they export quotas or export authorizations), which includes the discretion to grant and disapprove said export allocations, belongs solely to the GTEB, and not to the regular courts.
54. In this connection, AIFC's statement to the effect that GTEB Case No. 92-50 is an action by one party against another for the enforcement or protection of a right, is not entirely accurate. It will be remembered that said GTEB case was initiated principally for the purpose of securing the cancellation of EQs being illegally held onto by AIFC, a proceeding which is undoubtedly within the ambit of the Board's powers; that Glorious Sun stood to benefit from such cancellation was merely incidental to said proceeding."[51]
"Courts of justice should not generally interfere with purely administrative and discretionary functions; that courts have no supervisory power over the proceedings and actions of the administrative departments of the government involving the exercise of judgment and findings of fact, because by reason of their special knowledge and expertise over matters falling under their jurisdiction, the latter are in a better position to pass judgment on such matters and their findings of facts in that regard are generally accorded respect, if not finality, by the courts. (Ateneo de Manila v. CA, 145 SCRA 105)"[54]AIFC reiterated this stance in its "Motion to Dismiss" in Civil Case No. 64010[55] in this wise:
"As stated above, this Court cannot grant the reliefs sought in the Complaint without first deciding that AIFC is not entitled to EQs, and that, in effect, the EQs now in AIFC's name should be cancelled. This power, however, has been granted not to the courts but to the GTEB, which is vested with jurisdiction —'[i]n case of violations of its rules and regulations, [to] cancel or suspend quota allocations, export authorizations and licenses for the operations of bonded garment manufacturing warehouses and/or to disqualify the firm and/or its principal stockholders and officers from engaging in garment exports and from doing business with the Board (Section 3[h], Exec. Order No. 537 [1979], as amended by Exec. Order No. 823 [1982] and Exec. Order No. 952 [1984]).'
And even assuming for argument that it is indeed vested with original jurisdiction to cancel EQs, under the doctrine of primary jurisdiction, this Court cannot at this time take cognizance of the Complaint (Supra, at pp. 14-15)."Having already invoked the jurisdiction of the GTEB in earlier actions involving the same controversy as that before us, AIFC cannot now be heard to question that same jurisdiction simply because it was unable to obtain the reliefs prayed for by it from the GTEB. We have warned against such a practice on more than one occasion in the past. Most recently, in St. Luke's Medical Center, Inc. v. Torres,[56] we reiterated such warning:
"It is a settled rule that a party cannot invoke the jurisdiction of a court to secure affirmative relief against his opponent and after failing to obtain such relief, repudiate or question that same jurisdiction. A party cannot invoke jurisdiction at one time and reject it at another in the same controversy to suit its interests and convenience. The Court frowns upon and does not tolerate the undesirable practice of some litigants who submit voluntarily a cause and then accepting the judgment when favorable to them and attacking it for lack of jurisdiction when adverse (Tajonera v. Lamaroza, 110 SCRA 447, citing Tijam v. Sibonghanoy, 23 SCRA 35)."[57]
(1) AIFC no longer has the legal personality to prosecute the above-entitled petitions and may therefore no longer claim entitlement to the export allocations subject of these petitions;WHEREFORE, AIFC's petition in G.R. No. 115889 is hereby DENIED for lack of merit, as well as for being moot and academic, AIFC having lost the legal personality to prosecute the same. GTEB's petition is GRANTED, and the assailed January 21, 1994 Decision and March 22, 1994 Resolution of the Court of Appeals in CA-G.R. SP No. 31596 is hereby ANNULLED AND SET ASIDE (except insofar as it denied AIFC and AIFC International Fashion Corporation's "Motion for Issuance of Writ of Mandamus"). Said CA-G.R SP No. 31596 is likewise ordered annulled and set aside.
(2) It is the GTEB, and not the regular courts, nor the Court of Appeals, which has the jurisdiction to adjudicate on the question of AIFC's entitlement to the export allocations subject to these petitions; and
(3) AIFC's right to due process was in no wise violated by the GTEB, the former not having taken advantage of the opportunity afforded to it to present evidence in its behalf.