Berces Vs Guingona

EN BANC
[G.R. No. 112099. February 21, 1995.]
ACHILLES C. BERCES, SR., Petitioner, v. HON. EXECUTIVE SECRETARY

TEOFISTO T. GUINGONA, JR., CHIEF PRESIDENTIAL LEGAL COUNSEL
ANTONIO CARPIO and MAYOR NAOMI C. CORRAL OF TIWI, ALBAY,
Respondents.
DECISION
QUIASON, J.:
This is a petition for Certiorari and prohibition under Rule 65 of the Revised Rules of
Court with prayer for mandatory preliminary injunction, assailing the Orders of the
Office of the President as having been issued with grave abuses of discretion. Said Orders
directed the stay of execution of the decision of the Sangguniang Panlalawigan
suspending the Mayor of Tiwi, Albay from office.
Petitioner filed two administrative cases against respondent Naomi C. Corral, the
incumbent Mayor of Tiwi, Albay with the Sangguniang Panlalawigan of Albay, to wit: nadchanrobl esvirtualawlibrary
(1) Administrative Case No. 02-92 for abuse of authority and/or oppression for non-
payment of accrued leave benefits due the petitioner amounting to P36,779.02.
(2) Administrative Case No. 05-92 for dishonesty and abuse of authority for installing a
water pipeline which is being operated, maintained and paid for by the municipality to
service respondent's private residence and medical clinic.
On July 1, 1993, the Sangguniang Panlalawigan disposed the two Administrative cases in
the following manner: nadchanroblesvirtualawlibrary
"(1) Administrative Case No. 02-92
ACCORDINGLY, respondent Mayor Naomi C. Corral of Tiwi, Albay, is hereby ordered

to pay Achilles Costo Berces, Sr. the sum of THIRTY-SIX THOUSAND AND SEVEN
HUNDRED SEVENTY-NINE PESOS and TWO CENTAVOS (P36,779.02) per Voucher
No. 352, plus legal interest due thereon from the time it was approved in audit up to final
payment, it being legally due the Complainant representing the money value of his leave
credits accruing for services rendered in the municipality from 1988 to 1992 as a duly
elected Municipal Councilor. IN ADDITION, respondent Mayor NAOMI C. CORRAL is
hereby ordered SUSPENDED from office as Municipal Mayor of Tiwi, Albay, for a
period of two (2) months, effective upon receipt hereof for her blatant abuse of authority
coupled with oppression as a public example to deter others similarly inclined from using
public office as a tool for personal vengeance, vindictiveness and oppression at the
expense of the Taxpayer (Rollo, p. 14).
"(2) Administrative Case No. 05-92
WHEREFORE, premises considered, respondent Mayor NAOMI C. CORRAL of Tiwi,

Albay, is hereby sentenced to suffer the penalty of SUSPENSION from office as
Municipal Mayor thereof for a period of THREE (3) MONTHS beginning after her
service of the first penalty of suspension ordered in Administrative Case No. 02-92. She
is likewise ordered to reimburse the Municipality of Tiwi One-half of the amount the
latter have paid for electric and water bills from July to December 1992, inclusive"
(Rollo, p. 16). cralaw
Consequently, respondent Mayor appealed to the Office of the President questioning the
decision and at the same time prayed for the stay of execution thereof in accordance with
Section 67(b) of the Local Government Code, which provides: nadchanroblesvirtualawlibrary
"Administrative Appeals. — Decision in administrative cases may, within thirty (30) days
from receipt thereof, be appealed to the following: nadchanrobl esvirtualawlibrary
xxx xxx xxx
(b) The Office of the President, in the case of decisions of the sangguniang panlalawigan
and the sangguniang panglungsod of highly urbanized cities and independent component
cities."
Acting on the prayer to stay execution during the pendency of the appeal, the Office of
the President issued an Order on July 28, 1993, pertinent portions of which read as
follows:nadchanroblesvirtualawlibrary
xxx xxx xxx
"The stay or execution is governed by Section 68 of R.A. No. 7160 and Section 6 of
Administrative Order No. 18 dated 12 February 1987, quoted below: nadchanroblesvirtualawlibrary
'SEC. 68. Execution Pending Appeal. — An appeal shall not prevent a decision from
becoming final or executory. The respondent shall be considered as having been placed
under preventive suspension during the pendency of an appeal in the event he wins such
appeal. In the event the appeal results in an exoneration, he shall be paid his salary and
such other emoluments during the pendency of the appeal (R.A. No. 7160). cralaw
'SEC. 6. Except as otherwise provided by special laws, the execution of the
decision/resolution/order appealed from is stayed upon the filing of the appeal within the
period prescribed herein. However, in all cases, at any time during the pendency of the
appeal, the Office of the President may direct or stay the execution of the
decision/resolution/order appealed from upon such terms and conditions as it may deem
just and reasonable (Adm. Order No. 18).'"
xxx xxx xxx
"After due consideration, and in the light of the Petition for Review filed before this
Office, we find that a stay of execution pending appeal would be just and reasonable to
prevent undue prejudice to public interest.
"WHEREFORE, premises considered, this Office hereby orders the suspension/stay of

execution of: nadchanrobl esvirtualawlibrary
a) the Decision of the Sangguniang Panlalawigan of Albay in Administrative Case No.

02-92 dated 1 July 1993 suspending Mayor Naomi C. Corral from office for a period of
two (2) months, and
b) the Resolution of the Sangguniang Panlalawigan of Albay in Administrative Case No.

05-92 dated 5 July 1993 suspending Mayor Naomi C. Corral from office for a period of
three (3) months" (Rollo, pp. 55-56). nadchanrobl esvirtuallawlibrary
Petitioner then filed a Motion for Reconsideration questioning the aforesaid Order of the
Office of the President.
On September 13, 1990, the Motion for Reconsideration was denied.
Hence, this petition.
II
Petitioner claims that the governing law in the instant case is R.A. No. 7160, which
contains a mandatory provision that an appeal "shall not prevent a decision from
becoming final and executory." He argues that Administrative Order No. 18 dated
February 12, 1987, (entitled "Prescribing the Rules and Regulations Governing Appeals
to the Office of the President") authorizing the President to stay the execution of the
appealed decision at any time during the pendency of the appeal, was repealed by R.A.
No. 7160, which took effect on January 1, 1991 (Rollo, pp. 5-6). cralaw
The petition is devoid of merit.
Petitioner invokes the repealing clause of Section 530 (f), R.A. No. 7160, which
provides:nadchanroblesvirtualawlibrary
"All general and special laws, acts, city charters, decrees, executive orders, administrative
regulations, part or parts thereof, which are inconsistent with any of the provisions of this
Code, are hereby repealed or modified accordingly."
The aforementioned clause is not an express repeal of Section 6 of Administrative Order

No. 18 because it failed to identify or designate the laws or executive orders that are
intended to be repealed (cf . I Sutherland, Statutory Construction 467 [1943]). cralaw
If there is any repeal of Administrative Order No. 18 by R.A. No. 7160, it is through
implication though such kind of repeal is not favored (The Philippine American
Management Co., Inc. v. The Philippine American Management Employees Association,
49 SCRA 194 [1973]). There is even a presumption against implied repeal.
An implied repeal predicates the intended repeal upon the condition that a substantial
conflict must be found between the new and prior laws. In the absence of an express
repeal, a subsequent law cannot be construed as repealing a prior law unless an
irreconcilable inconsistency and repugnancy exists in the terms of the new and old laws
(Iloilo Palay and Corn Planters Association, Inc. v. Feliciano, 13 SCRA 377 [1965]).
There must be such a repugnancy between the laws that they cannot be made to stand
together (Crawford, Construction of Statutes 631 [1940]). cralaw
We find that the provisions of Section 68 of R.A. No. 7160 and Section 68 of R.A. No.
7160 and Section 6 of Administrative Order No. 18 are not irreconcilably inconsistent
and repugnant and the two laws must in fact be read together.
The first sentence of Section 68 merely provides that an "appeal shall not prevent a
decision from becoming final or executory." As worded, there is room to construe said
provision as giving discretion to the reviewing officials to stay the execution of the
appealed decision. There is nothing to infer therefrom that the reviewing officials are
deprived of the authority to order a stay of the appealed order. If the intention of
Congress was to repeal Section 6 of Administrative Order No. 18, it could have used
more direct language expressive of such intention.
The execution of decisions pending appeal is procedural and in the absence of a clear
legislative intent to remove from the reviewing officials the authority to order a stay of
execution, such authority can be provided in the rules and regulations governing the
appeals of elective officials in administrative cases.
The term "shall" may be read either as mandatory or directory depending upon a
consideration of the entire provision in which it is found, its object and the consequences
that would follow from construing it one way or the other (cf. De Mesa v. Mencias, 18
SCRA 533 [1966]). In the case at bench, there is no basis to justify the construction of the
word as mandatory.
The Office of the President made a finding that the execution of the decision of the
Sangguniang Panlalawigan suspending respondent Mayor from office might be
prejudicial to the public interest. Thus, in order not to disrupt the rendition of service by
the mayor to the public, a stay of the execution of the decision is in order. nadchanrobl esvirtuallawlibrary
WHEREFORE, the petition is DISMISSED.
SO ORDERED.

Berces Vs Guingona

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EN BANC

[G.R. No. 112099. February 21, 1995.]

ACHILLES C. BERCES, SR., Petitioner, v. HON. EXECUTIVE SECRETARY

"(1) Administrative Case No. 02-92

ACCORDINGLY, respondent Mayor Naomi C. Corral of Tiwi, Albay, is hereby ordered

"(2) Administrative Case No. 05-92

WHEREFORE, premises considered, respondent Mayor NAOMI C. CORRAL of Tiwi,

xxx xxx xxx

xxx xxx xxx

xxx xxx xxx

"WHEREFORE, premises considered, this Office hereby orders the suspension/stay of

a) the Decision of the Sangguniang Panlalawigan of Albay in Administrative Case No.

b) the Resolution of the Sangguniang Panlalawigan of Albay in Administrative Case No.

On September 13, 1990, the Motion for Reconsideration was denied.

Hence, this petition.

The petition is devoid of merit.

The aforementioned clause is not an express repeal of Section 6 of Administrative Order

WHEREFORE, the petition is DISMISSED.

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