G.R. No. 222450 . July 07, 2020.
MIGUEL LUIS R. VILLAFUERTE, GOVERNOR OF THE PROVINCE OF CAMARINES SUR, FORTUNATO PENA, VICE-GOVERNOR OF THE PROVINCE OF CAMARINES SUR, ATTY. AMADOR L. SIMANDO, WARREN SEÑAR, GILMAR S. PACAMARRA, EMMANUEL H. NOBLE, GIOVANNI SEÑAR, RUDITO ESPIRITU, JR., JORGE BENGUA, FABIO FIGURACION, NELSON JULIA, MEMBERS OF THE SANGGUANING PANLALAWIGAN OF CAMARINES SUR, PETITIONERS, VS. CONSTANTINO H. CORDIAL, JR., MAYOR OF CARAMOAN, CAMARINES SUR AND IRENE R. BREIS, VICE-MAYOR OF CARAMOAN, CAMARINES SUR, RESPONDENTS.

FACTS

On July 18, 2014, respondents Mayor Constantino H. Cordial, Jr. and Vice-Mayor Irene R. Breis of Caramoan, Camarines Sur, were administratively charged before the Sangguniang Panlalawigan of Camarines Sur (through its Special Committee on Administrative Cases) with Grave Misconduct, Dishonesty, and Conduct Prejudicial to the Best Interest of Service. The complaint alleged that the respondents, through the Sangguniang Bayan, passed Resolution No. 48 requesting the removal of Task Force Sagip Kalikasan from the municipality without deliberation, following the Task Force’s inspection and cessation of illegal mining activities in Barangay Gata. Instead of filing an Answer, the respondents filed a Motion to Dismiss, assailing the jurisdiction of the Special Committee and its Rules of Procedure (embodied in Resolution No. 13, Series of 2013) for lack of publication. The Sangguniang Panlalawigan denied the motion, asserting that publication was complied with as the rules were incorporated in Resolution No. 151, Series of 2013, which was published. The respondents’ Motion for Reconsideration was also denied. The Sangguniang Panlalawigan then issued a Resolution recommending the respondents’ preventive suspension. The respondents filed a petition for certiorari and prohibition before the Regional Trial Court (RTC), which ruled in their favor, holding that the lack of publication of the Rules of Procedure stripped the Sangguniang Panlalawigan of jurisdiction. The petitioners (Provincial officials and Sanggunian members) then filed a Petition for Review on Certiorari directly with the Supreme Court.

ISSUE

Whether or not the non-publication of Resolution No. 13-2013 (the Rules of Procedure on the Investigation of Administrative and Disciplinary Cases against Elected Municipal Officials) divested the Sangguniang Panlalawigan of Camarines Sur of jurisdiction over the administrative proceedings.

RULING

No. The Supreme Court ruled that the non-publication of Resolution No. 13-2013 did not divest the Sangguniang Panlalawigan of jurisdiction. The Court held that the Rules of Procedure in question are internal rules governing the conduct of the Sanggunian’s personnel and the procedure for administrative investigations. As such, they are interpretative and internal in nature, regulating only the personnel of the administrative agency and not the public. Following the doctrine established in Tañada v. Tuvera, interpretative regulations and internal rules need not be published as a condition for their effectivity. The Court further clarified that the publication requirement under the Civil Code (Article 2) pertains to laws of general applicability, while the publication requirement for local ordinances or resolutions is governed by specific provisions of the Local Government Code (Sections 59, 188, and 511), which do not apply to these internal procedural rules. Therefore, the Sangguniang Panlalawigan validly acquired jurisdiction over the administrative case against the respondents. The Court also addressed procedural matters, noting that the direct resort to the Supreme Court via a petition for review on certiorari was proper as the issue raised was purely legal, and that the exception to the rule on exhaustion of administrative remedies applied for the same reason. The Decision of the RTC was reversed.