NEMESIO C. VIDAD, EXUPERIO BANTOTO, CRISTITO TEVES and LLOYD SIEGFRIED SIA, vs. REGIONAL TRIAL COURT OF NEGROS ORIENTAL, BRANCH 42, SOLICITOR GENERAL'S OFFICE, MARCELO M. MONTES, GENEROSO CAPUYAN and TEOFILO GOMEZ.
- G.R. Number: G.R. No. 98084
- Promulgated: 1993-10-18
- Ponente: Vitug, J.
Doctrine
When cases filed in court involve the performance of official functions by public officers, the courts must presume official duties have been regularly performed until a full hearing affords opportunity to litigate good faith or bad faith.
Lower courts should suspend further hearings in civil cases and dissolve preliminary injunctions when a final determination of related administrative proceedings is pending.
Facts
A group of public school teachers in Negros Oriental staged a strike from 19–21 September 1990 to demand release of salaries and to protest alleged DECS corruption.
DECS Regional Director Teofilo Gomez issued a return-to-work order with a 24-hour warning of administrative charges; teachers did not comply and administrative complaints were filed.
An investigation panel of three DECS lawyers (Marcelo Baclaso, Nieva Montes, Generoso Capuyan) was constituted to look into the administrative cases; teachers were given five days to answer.
This decision consolidates multiple cases raising questions about OSG representation, dismissal by the RTC, preliminary injunctions, and suspension of civil hearings pending administrative resolution.
Issues
Whether or not the Office of the Solicitor General may properly represent the defendants in the Regional Trial Court cases.
Whether or not the Regional Trial Court should have dismissed outright the said cases.
Whether the lower courts' writs of preliminary injunction should be dissolved and hearings suspended pending final determination of administrative proceedings.
Ruling
The petition in G.R. No. 98084 is dismissed.
In G.R. No. 98922 the appealed Order of 10 April 1991 is affirmed, the lower court's writ of preliminary injunction is dissolved, and the RTC is directed to suspend further hearings in Civil Case No. 9789 until administrative proceedings are finally determined.
In G.R. Nos. 100300–100303 the Joint Order of 28 May 1991 denying motions to dismiss several civil cases is affirmed, the writs of preliminary injunction are dissolved, and the lower court is directed to suspend further hearings in those civil cases pending final administrative determination.
Keywords
G.R. No. 98084, G.R. No. 98922, G.R. Nos. 100300-03, must action, strike from school classes, return-to-work order, administrative charges, writ of injunction, prohibition and damages, preliminary injunction, temporary restraining order, motion to dismiss, Office of the Solicitor General, Certiorari, Prohibition and Mandamus, Rule 65 of the Rules of Court, Presidential Decree 478, Administrative Code of 1987, bad faith, immunity for official actions