670 Phil. 50
LEONARDO-DE CASTRO, J.:
On November 9, 1999, the petitioner filed a Complaint-Affidavit charging respondents with Violation of Section 3 (e) of R.A. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act, for Malversation of Public Funds thru Falsification of Public Documents and, administratively, for Grave Misconduct, Dishonesty, Gross Neglect of Duty, and Falsification of Official Documents.
The complaint averred that in a letter dated October 6, 1998, respondent Municipal Mayor Roy M. Loyola requested the Sangguniang Bayan of Carmona, Cavite for the creation of twenty-four (24) unappropriated positions for the inclusion in the 1998 Plantilla, to wit:x x x x
OFFICE OF THE MAYOR
One (1) Computer Programmer III - SG - 18
One (1) Licensing Officer II - SG - 15
GENERAL SERVICE OFFICE
One (1) Supply Officer III - SG - 18
Eight (8) Driver I - SG - 3
Two (2) Utility I - SG - 1
HUMAN RESOURCE MANAGEMENT OFFICE
One (1) HRM Officer II - SG - 15
TREASURER'S OFFICE
One (1) Local Rev. Coll. Officer II - SG - 15
ACCOUNTING OFFICE
One (1) Bookkeeper II - SG - 9
ENRO
Two (2) Environment Mngt. Specialist II - SG - 15
One (1) Clerk III - SG - 6
DA
Agriculture Chief Center IV - SG - 18
Farm Foreman - SG - 6
Three (3) Farm Worker II - SG - 4
On November 23, 1998, the Sangguniang Bayan of Carmona, Cavite passed Municipal Resolution No. 061-98 approving the creation of only 19 out of the 24 requested positions, under the different offices of the Municipality of Carmona for inclusion in the 1998 Plantilla of Personnel. The following proposed positions were [allegedly] set aside:x x x x
DA
Agriculture Chief Center IV - SG - 18
Farm Foreman - SG - 6
Three (3) Farm Worker II - SG - 4
Despite the disapproval of the aforesaid positions, on April 5, 1999, the Personnel Selection Board presided by the respondent Municipal Mayor as Chairman with Amelia C. Samson, HRMO V, as Secretary, together with the following respondents - Board Members: Edwin E. Tolentino, Domingo R. Tenedero and Roel Z. Manarin, filled-up the aforesaid inexistent positions and appointed the following:1. Irene C. Paduyos - Farm Foreman
2. Mustiola A. Mojica - Farm Worker II
3. Ma. Cecilia F. Alumia - Farm Worker II
4. Lilibeth R. Bayugo - Farm Worker II
The appointment papers of the aforesaid personnel were subsequently approved by the Civil Service Commission.
Thereafter, respondents Budget Officer Domingo C. Flores, Municipal Treasurer Alicia L. Olimpo, Municipal Accountant Annaliza L. Barabat, Municipal Agriculturist Nenita L. Ernacio and Municipal Administrator Amador B. Alumia, allowed and caused the payment of salaries of the aforesaid employees.
The petitioner further alleged that by the respondents' concerted efforts to make it appear that the inexistent positions were created, causing the unlawful payment of salaries to illegally appointed employees, the respondents are liable for malversation of public funds thru falsification of public documents. Likewise, the respondents are allegedly liable administratively for gross neglect of duty, grave misconduct, dishonesty and falsification of official documents.
The respondents filed their respective Counter-Affidavits on February 16, 2000, alleging among others that the Appropriation Ordinance No. 006-98 which is the Annual Budget of the Municipality of Carmona for the year 1999 carries with it the 24 positions requested in the letter-request dated October 6, 1998 of the respondent Mayor for the inclusion of such 24 positions in the proposed 1998 Annual Budget. The approval of the budget was in the form of an ordinance. Moreover, the appointments were approved by the Civil Service Commission and the salaries were paid out of savings.
On March 9, 2000, the petitioner filed a Consolidated Reply refuting the allegations in the respondents' Counter-Affidavits, to which respondent Mayor Loyola filed a Rejoinder-Affidavit. On April 3, 2000, the petitioner submitted a Consolidated Rebuttal.
On May 23, 2000, upon recommendation of the OIC Deputy Ombudsman for Luzon Emilio A. Gonzales III, Ombudsman Aniano A. Desierto ordered the dismissal of the instant administrative Complaint for lack of merit. The respondent moved for a reconsideration of the aforesaid Decision which the respondents opposed. The said motion for reconsideration was however denied.[4]
I
WHETHER OR NOT THE HONORABLE COURT OF APPEALS ERRED IN HOLDING THAT THE QUESTIONED POSITIONS WERE CREATED BY CIRCUMSTANCESII
WHETHER OR NOT THE HONORABLE COURT OF APPEALS ERRED IN NOT HOLDING THAT RESPONDENTS SHOULD BE DISMISSED FROM THE SERVICE FOR GRAVE MISCONDUCT, GROSS NEGLECT OF DUTY, DISHONESTY AND FALSIFICATION OF PUBLIC DOCUMENTS[5]
Law of the case has been defined as the opinion delivered on a former appeal. More specifically, it means that whatever is once irrevocably established as the controlling legal rule or decision between the same parties in the same case continues to be the law of the case, whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts of the case before the court. As a general rule, a decision on a prior appeal of the same case is held to be the law of the case whether that question is right or wrong, the remedy of the party deeming himself aggrieved being to seek a rehearing.[10]
A well-known legal principle is that when an appellate court has once declared the law in a case, such declaration continues to be the law of that case even on a subsequent appeal. The rule made by an appellate court, while it may be reversed in other cases, cannot be departed from in subsequent proceedings in the same case. The "Law of the Case," as applied to a former decision of an appellate court, merely expresses the practice of the courts in refusing to reopen what has been decided. Such a rule is "necessary to enable an appellate court to perform its duties satisfactorily and efficiently, which would be impossible if a question, once considered and decided by it, were to be litigated anew in the same case upon any and every subsequent appeal." Again, the rule is necessary as a matter of policy to end litigation. "There would be no end to a suit if every obstinate litigant could, by repeated appeals, compel a court to listen to criticisms on their opinions, or speculate of chances from changes in its members." x x x.[12]
Sec. 7. FINALITY OF DECISION. -- Where the respondent is absolved of the charge and in case of conviction where the penalty imposed is public censure or reprimand, suspension of not more than one month, or a fine equivalent to one month salary, the decision shall be final and unappealable. In all other cases, the decision shall become final after the expiration of ten (10) days from receipt thereof by the respondent, unless a motion for reconsideration or petition for certiorari shall have been filed by him as prescribed in Section 27 of RA 6770.
Section 27. Effectivity and Finality of Decisions. -- (1) All provisionary orders of the Office of the Ombudsman are immediately effective and executory.
x x x x
Findings of fact by the Office of the Ombudsman when supported by substantial evidence are conclusive. Any order, directive or decision imposing the penalty of public censure or reprimand, suspension of not more than one (1) month's salary shall be final and unappealable.
Notably, exoneration is not mentioned in Section 27 as final and unappealable. However, its inclusion is implicit for, as we held in Barata v. Abalos, if a sentence of censure, reprimand and a one-month suspension is considered final and unappealable, so should exoneration.
The clear import of Section 7, Rule III of the Ombudsman Rules is to deny the complainant in an administrative complaint the right to appeal where the Ombudsman has exonerated the respondent of the administrative charge, as in this case. The complainant, therefore, is not entitle to any corrective recourse, whether by motion for reconsideration in the Office of the Ombudsman, or by appeal to the courts, to effect a reversal of the exoneration. Only the respondent is granted the right to appeal but only in case he is found liable and the penalty imposed is higher than public censure, reprimand, one-month suspension or a fine equivalent to one month salary.
The absence of any statutory right to appeal the exoneration of the respondent in an administrative case does not mean, however, that the complainant is left with absolutely no remedy. Over and above our statutes is the Constitution whose Section 1, Article VIII empowers the courts of justice to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. This is an overriding authority that cuts across all branches and instrumentalities of the government and is implemented through the petition for certiorari that Rule 65 of the Rules of Court provides. A petition for certiorari is appropriate when a tribunal, clothed with judicial or quasi-judicial authority, acted without jurisdiction (i.e., without the appropriate legal power to resolve a case), or in excess of jurisdiction (i.e., although clothed with the appropriate power to resolve a case, it oversteps its authority as determined by law, or that it committed grave abuse of its discretion by acting either outside the contemplation of the law or in a capricious, whimsical, arbitrary or despotic manner equivalent to lack of jurisdiction). The Rules of Court and its provisions and jurisprudence on writs of certiorari fully apply to the Office of the Ombudsman as these Rules are suppletory to the Ombudsman's Rules. The Rules of Court are also the applicable rules in procedural matters on recourses to the courts and hence, are the rules the parties have to contend with in going to the CA.[18]
We believe that the questioned positions had been created under the circumstances. Evidence shows that on October 6, 1998, respondent Mayor Loyola requested the Sanggunian to create twenty-four (24) positions by including the same in the 1998 plantilla. Such creation has been taken up by the Sanggunian in its session and traces of favorable action thereon has been shown in the minutes of the Sanggunian session held on November 19, 1998 when the 1999 Annual Budget was taken up (pp. 3-4, Complainants Consolidated Reply). Though the four (4) positions had not been created by a separate ordinance, its creation has been made when the Sanggunian included them in the 1999 Plantilla of Positions under Ordinance No. 006-98 enacting the 1999 Annual Budget.
The positions having been created, personnel were appointed thereto by the respondent Mayor which appointments were confirmed by the Civil Service Commission. Since the appointments were confirmed/approved by the CSC all questions pertaining thereto including the validity of the creation of positions has been rendered moot and academic. It is the CSC which is empowered to look into the validity of creation of positions and appointments thereto. Also, such confirmation further strengthened the presumption of regularity of official functions particularly the creation of position.
There being a valid appointment confirmed by CSC and the concerned personnel having rendered services, payment of their salaries is proper and legal. Thus, respondent Flores, as Budget Officer; Olimpo as Treasurer; Barabat as Accountant; Alumia as Administrator and Ernacio as the Agriculturist/Head of Office acted in accordance with law when they processed and allowed the payment of salaries to the four (4) employees. The payment of salaries to the employees who has rendered service to the government does not constitute grave misconduct, neglect of duty and dishonesty.
The appointments made by respondent Loyola including the selection and screening of employees by the Selection Board could not be considered grave misconduct and dishonesty by respondents who compose the Board. There were vacant positions caused by the creation of positions and the exigencies of the service demand that these vacancies should be filled up. There is misconduct if there is a transgressi[on] of some established and definite rule of action (Phil. Law Dictionary, 3rd Edition, Federico B. Moreno). In the instant case, evidence show that respondents did not transgress some established and definite rule of action. Had there been a transgression in the creation of positions and appointments thereto, the Civil Service Commission should have so stated when the appointments were submitted for approval/confirmation.
Since the appointed personnel has already rendered service, the processing and payment of their salaries was but legal and proper and does not constitute dishonesty, falsification and neglect of duty on the part of the respondents responsible therefore. Had respondents refused to pay the salaries of the concerned employees, they could have been held liable for neglect of duty.
In sum, respondents could not be held administratively liable since their official actions starting from the creation of positions to selection of personnel, appointment, and ultimately payment of salaries were all in accordance with the law.[20]
It is undisputed that on January 1, 1976, there was no existing position of "Sangguniang Bayan" Secretary in the organizational set-up of the municipal Government of Piddig, Ilocos Norte. Neither was there any appropriation for the said position in the municipal budget for 1975-1976 although an appropriation for the position of Municipal Secretary was retained in said budget.
Respondent took his oath of office before Mayor Aquino on February 1, 1976.
In a special session held on February 23, 1976, the "Sangguniang Bayan" of Piddig passed Resolution No. 1 creating the position of "Sangguniang Bayan" Secretary as a "vital" position, and Resolution No. 2 revalidating the appointment of respondent as such.
x x x x
While it may be that at the time of appointment, no position of "Sangguniang Bayan" Secretary formally existed, whatever defect there may have been initially was cured subsequently by the creation of said position and the revalidation of respondent's appointment. That appointment was ultimately approved by the Civil Service Commission on May 11, 1976 thus giving it the stamp of finality. x x x[23] (Emphases supplied.)