Professional Documents
Culture Documents
COURT OF APPEALS
Manila
MARIANO P. FLORES,
Petitioner, Case No. _________________
(Adm. Case No. 64)
-versus-
This is a special civil action for certiorari under Rule 65 of the Rules of
Court that seeks to nullify and set aside the respondent order’s dated
____________1 and _____________2, based on the ground stated on page ___ of
this petition.
1 A certified True Copy of public respondent’s order dated _________ is hereby attached as Annex “A”.
2 A certified True Copy of Atty. Hector Silva’s Letter is hereby attached as Annex “B”.
PREFATORY STATEMENT
THE PARTIES
3 APO CEMENT CORPORATION VS. MINGSON MINING INDUSTRIES CORPORATION, G.R. NO. 206728,
4. Public respondent BOARD sent a copy of its Decision dated June 23,
2015 to petitioner’s former legal counsel whereby pieces of evidence and
material points raised by the petitioner seemed to have been left out nor
considered by the public respondent in rendering its Decision, on
September 14, 2015.The petitioner was constraint to file a Manifestation
with Motion by himself seeking for extension within which he could file
his Motion for Reconsideration on the above-cited decision and
requested for a free copy of Transcript of Stenographer Notes (TSN) of
private respondent’s direct testimony and her cross-examination. Under
the TSN there are pieces of evidence and material points used as part of
petitioner’s evidence which seemed to have been left out nor considered
by the public respondent in rendering its decision.
So ordered.”
10. Petitioner and his legal counsel sought the assistance of Atty. Riego in
shedding light on the whereabouts of some missing documents in the
record of Administrative Case No. 64 entitled “Mariano P. Flores vs. Dr.
Cleofe C. Palac”, considering that if these transcripts were in fact
incomplete and the vital parts were missing, then the Decision rendered
would not have considered all the evidence to support it. Unfortunately,
however, no information has been given to the petitioner nor to his legal
counsel on why there were missing documents in the records of the case.
11. In order to pursue the case further in the interest of justice, The
Petitioner on __________, filed his Notice of Appeal With Memorandum
of Appeal seeking reversal of Honorable Board of Guidance and
Counseling Decision dated June 23, 2015.
12. While constantly making follow-ups on the status of his appeal, the
Petitioner was taken by surprise when instead of issuing an order on the
outcome of petitioner’s Notice of Appeal With Memorandum of Appeal,
Atty. Hector Silva who is the Officer-In-Charge of Professional
Regulation Commission wrote a letter stating that said appeal is moot
and academic and informed the petitioner that his appeal was not
elevated before the Honorable Commission of Professional Regulation
Commission because it was filed beyond reglementary period within
which to file an appeal. Said letter was noted by Atty. Eugene Riego, Jr.,
Officer-In-Charge of Professional Regulation Commission Legal
Division.
15. During petitioner’s counseling sessions with the respondent, the latter
would always accuse the petitioner anything which seemed to come into
4 A copy of Minutes if the meeting between the petitioner and private complainant is hereby attached as Annex “C”.
her mind. Respondent always say many bad things and to make matters
worse, respondent was never shy in calling out the petitioner as
MENTALLY SICK.
16. On November 10, 2008, petitioner filed a case against the respondent
before the Vice-President for Student Affairs Office of Adamson
University.5
17. Petitioner then sent a report letter 6 through electronic mail (e-mail)
addressed to DR. IMELDA V.G. VILLAR and also faxed the same using
the telefax number of the Philippine Guidance and Counseling
Association Secretariat as recipient.
18. Petitioner was adamant in asking for a recommendation letter of his five
Counselors during his counseling sessions but sadly nothing was given
to him.7
20. DR. CLEOFE PALAC, RGC filed a case against the petitioner last March
5, 2009.8 This case contained ALLEGATIONS AND CONFIDENTIAL
5 A copy of petitioner’s complaint-affidavit filed against the private respondent before the Adamson University Office of the Vice-
President for Student Affairs is hereby attached as Annex “D”
6 A copy of petitioner’s letter dated ________ address to Dr. Imelda Villar is hereby attached as Annex “E”.
7 A copy of petitioner’s letter dated ________ address to Dr. Cleofe C. Palac is hereby attached as Annex “F”.
8 A copy of private respondent’s complaint-affidavit filed against the petitioner before the Adamson University Office of Student Affairs is
hereby attached as Annex “G”.
MATTERS such as her recommendation letter/some details about
petitioner’s revelation during his counseling sessions which is DIRECT
ASSAULT TO PETITIONER’S INTEGRITY AND MOST OF ALL
VIOLATION OF NUMBERS ONE, TWO, FOUR AND FIVE OF
CHAPTER II: Counseling Relationship under Code of Ethics for
Counselors and the Counseling Profession/Proposed Code of Ethics
(Revised as of December 21, 2006 Dr. Villar’s residence).
22. With the petitioner feeling aggrieved by the unacceptable and irrational
acts of the respondent, the former decided to draft a complaint by
himself and filed a case before the Professional Regulation Commission
against the Respondent.9
23. On June 23, 2015, the Board of Guidance and Counseling rendered its
Decision10 in Administrative Case No. 64 entitled “Mariano P. Flores
versus Cleofe C. Palac”, the dispositive portion which reads:
9 A copy of petitioner’s complaint against Dr. Cleofe C. Palac before the Professional Regulation Commission is hereby attached as Annex
“H”
10 A copy of public respondent’s decision dated June 23, 2015 id hereby attached as Annex “I”
repetition of the same or similar act for which she is
herein penalized shall be dealt with accordingly.
So ordered.”
26. On January 12, 2016, the Honorable Board of Guidance and Counseling
released its resolution on the Motion for Reconsideration filed by the
respondent wherein in the dispositive part of the Resolution, the Board
of Guidance and Counseling DENIED13the Motion for Reconsideration
of the respondent.
27. On July 28, 2016, the Honorable Board of Guidance and Counseling
issued its Resolution 14 on the Manifestation with Motion filed by the
petitioner wherein it DENIED the Manifestation with Motion filed by
the petitioner. The dispositive portion which reads:
11 A copy of private respondent’s Motion for Reconsideration dated August 15, 2015 is hereby attached as Annex “J”.
12 A copy of petitioner’s Manifestation with Motion dated September 14, 2015 is hereby attached as Annex “K”.
13 A copy of public respondent’s resolution dated January 12, 2016 is hereby attached as Annex “L”.
30. Petitioner and his legal counsel sought the assistance of Atty. Riego in
shedding light on the whereabouts of some missing documents in the
record of Administrative Case No. 64 entitled “Mariano P. Flores vs. Dr.
Cleofe C. Palac” 17 , considering that if these transcripts were in fact
incomplete and the vital parts were missing, then the Decision rendered
would not have considered all the evidence to support it. Unfortunately,
however, no information has been given to the petitioner nor to his legal
counsel on why there were missing documents in the records of the case.
31. In order to pursue the case further in the interest of justice, The
15 A copy of Atty. Riego’s letter address to the Public Attorney’s Office dated _________ is hereby attached as Annex “M”.
16 A copy of Public Attorney’s Office letter address to Atty. Riego dated ___________ is hereby attached as Annex “N”.
17 A copy of Atty. Martin Inigo Ortiz’s letter dated _______ is hereby attached as Annex “O”.
Petitioner on __________, filed his Notice of Appeal With Memorandum
of Appeal 18 seeking reversal of Honorable Board of Guidance and
Counseling Decision dated June 23, 2015.
32. While constantly making follow-ups on the status of his appeal, the
Petitioner was taken by surprise when instead of issuing an order on the
outcome of petitioner’s Notice of Appeal With Memorandum of Appeal,
Atty. Hector Silva who is the Officer-In-Charge of Professional
Regulation Commission wrote a letter19 stating that said appeal is moot
and academic and informed the petitioner that his appeal was not
elevated before the Honorable Commission of Professional Regulation
Commission because it was filed beyond reglementary period within
which to file an appeal. Said letter was noted by Atty. Eugene Riego, Jr.,
Officer-In-Charge of Professional Regulation Commission Legal
Division.
34. There was no appeal nor any plain, speedy and adequate remedy in the
18 A copy of petitioner’s Notice of Appeal with Memorandum of Appeal dated _______ is hereby attached as Annex “P”.
II
WHETHER OR NOT PUBLIC RESPONDENT BOARD AND
GUIDANCE AND COUNSELING COMMITTED GRAVE
ABUSE OF DISCRETION AMOUNTING TO LACK OR
EXCESS OF JURISDICTION WHEN SAID BOARD OF
GUIDANCE AND COUNSELING DECLARED THAT
PETITIONER’S MEMORANDUM OF APPEAL IS ALREADY
MOOT AND ACADEMIC.
ARGUMENTS/DISCUSSIONS
I
Whether or Not public
respondent Board and Guidance
and Counseling committed grave
abuse of discretion amounting to
lack or excess of jurisdiction
when said Board of Guidance and
Counseling DENIED Petitioner’s
Manifestation of Motion?
35. In denying petitioner’s Manifestation with Motion dated September 14,
2015, the public respondent ruled that“____________________________.”
36. It is humbly submitted that Court has the power to a particular case
from the operation of the rule whenever the purposes of justice requires
it.
37. In the present case, no such obstinate refusal or inordinate neglect that
can be attributed to Petitioner. It should be emphasized that petitioner
was represented by counsel on record Atty. Martin Inigo Ortiz since he
entered his appearance in 2011. Thus, all notices, orders, resolution,
judgments and pleadings should be properly addressed to Atty. Ortiz
and the TSN of private respondent’s direct testimony and cross-
examination were inexplicably missing from the record of the case.
38. For unknown reason, a copy of the public respondent’s Decision dated
June 23, 2015 was addressed to Atty. Anna Karenina Chua who was then
no longer connected with the Public Attorney’s Office. Also, and more
40. For said reason, the public respondent must not averse to suspending
its own rules in the pursuit of justice. If “Where the interests of justice so
require, relief is accorded to the client who suffered by reason of the
lawyer’s gross or palpable mistake or negligence”. It is the humble
opinion of the petitioner that a relief must be accorded to herein
petitioner who suffered by reason of Hearing and Investigation Division
of PRC staff who sent a copy of public respondent’s decision dated June
23, 2015 and Hearing Officer who keep the record of the case of origin
negligence.
41. Furthermore, a careful perusal of the instant case would show that
herein petitioner, ever since the inception of this instant case, was
praying for the exclusion of the private respondent from the Rolls of
Guidance Counselors. Considering that the decision of the public
respondent dated June 23, 2015 only meted a penalty of Reprimand
against the private respondent, although it may seem as a favorable
judgment for the petitioner, it can be said that he was still aggrieved by
the decision of public respondent Board of Guidance and Counseling
dated June 23, 2015.
43. The Supreme Court of the Philippines has always stood by the principle
that “In the hierarchy observed in the dispensation of justice, rules of
procedure can be disregarded in order to serve the ends of justice”.
This was further explained by Justice Bernando P. Pardo, in Aguam v.
Court of Appeals, proclaimed:
44. As early as September 14, 2014, herein Petitioner, by himself, filed his
Manifestation With Motion wherein he sought for additional time to file
his Motion for Reconsideration. In the same Motion, he intimated that he
is an indigent person. As such, he cannot afford to pay the Transcript of
Stenographic Notes (TSN).
46. With all due respect, it is the humblest opinion of the Petitioner
that the strict rules of procedure should not be used as a roadblock
against him from attaining justice. This is supported by the
Supreme Court ruling in the case of Asian Spirit Airlines v. Spouses
Bautista, thus:
47. The Public Respondent should not have been too harsh in dismissing
the petitioner’s Notice of Appeal with Memorandum of Appeal
considering it had valid reasons that prevented him from filing his
appeal within the reglementary period prescribed by Rules and
Regulations in Administrative Investigations.
48. It is well settled that to question the jurisdiction of the lower court or
the agency exercising judicial or quasi-judicial functions, the remedy is
a special civil action for certiorari under Rule 65 of the Rules of Court.
The petitioner in such cases must clearly show that the public
respondent acted without jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction. Grave abuse of discretion
defies exact definition, but generally refers to “capricious or whimsical
exercise of judgment as is equivalent to lack of jurisdiction. The abuse of
discretion must be patent and gross as to amount to an evasion of
positive duty or a virtual refusal to perform a duty enjoined by law, or
to act at all in contemplation of law, as where the power is exercised in
an arbitrary and despotic manner by reason of passion and hostility.
(Quintos vs. Comelec, G.R. No. 149800, November 21, 2002; People vs
Webb, G.R. No. 132577, August 17, 1999)
II
Whether or Not public respondent
Board and Guidance and
Counselingcommitted grave abuse
of discretion amounting to lack or
excess of jurisdiction when said
Board of Guidance and Counseling
DECLARED that Petitioner’s
Notice of Appeal with
Memorandum of Appeal is already
moot and academic?
xxx.”
53. In the case of Marlon Curammeng y Pablo vs. People of the Philippines,
G.R. No. 21510, the Honorable Supreme Court ruled:
55. It is humbly submitted that while a court can dismiss an appeal based
on technicality, the real test for the exercise of such power is whether,
under the circumstances, appellant is chargeable with want of due
diligence in failing to file his appeal within the prescribed period within
which to file an appeal. In the absence of a wanton failure to observe the
mandatory requirement of the rules on the part of the appellant, as in
the case at bar, courts should be decided based on merits.
56. A perusal of the assailed Decision would show that it failed to consider
the fact that the private Respondent herself admitted to the
wrongdoings claimed by the petitioner. It is undisputed that much is
expected from persons who practice the profession of Guidance
Counseling considering the sensitivity of the nature of their profession
wherein they deal with the lives, more specifically the emotional and
mental state, of other persons. As such, the degree of care on how they
handle their profession must be higher than any other profession.
57. In the instant case, not only did the private respondent violate the
ethical standards expected of a guidance counselor which would be
illuminated further in the latter part of this discussion, she also admitted
of some acts which are unbecoming of any professional, much more of a
guidance counselor.
58. In the case at bar, the private respondent ADMITTED the EXISTENCE
of her malicious letter20 address to the Security Officer dated November
9, 2009 during the direct testimony of the petitioner. It is without dispute
that in the said letter, the private respondent wrote the Security Officer
of University of Perpetual Help Rizal, copy thereof was furnished to the
School Director, Human Resource Department, and Student Personnel
Services, with the following statements:
59. It is worthy to mention that the sheer examination of the malicious letter
of Dr. Palac dated November 9, 2009 and the notarized letter of the
witnesses21 of the private respondent in the unjust vexation case that she
filed against the petitioner which she also submitted as part of her
evidences in this case reveals that the petitioner entered the premises of
UPHR the latter introduced his real name and there is a peaceful
20 A copy of Dr. Cleofe C. Palac letter dated November , 2009 address to the Security Officer of University of Perpetual Help is hereby
attached as Annex “Q”
21 A copy of Ms. Marikit Alberto and _________ notarized letters dated ________ address to Dr. Cleofe C. Palac is hereby attached as
Annex “R” and Annex “S” respectively.
conversation between him and the staffs and administrators of UPHR.
Thus, it is very clear that the private respondent mentioned in the
aforestated document that “This person has tendency to plead and cry
just to enter the premises of our school and pose as a different person,
uses different aliases/names and presents several identification cards.”
is a BLATANT LIE for her to have sufficient basis to prohibit Mr. Flores
in entering the premises of UPHR.
60. It need not be elaborated that the respondent’s action in itself is worthy
of having her name being stricken off in the roll of Registered Guidance
and Counselor. There was no basis for her diagnosis and it was not even
verified whether such diagnosis was correct. Further, she had no right to
disseminate such claims because it seeks to destroy the reputation of the
petitioner. If the entire history of the case is to be revisited, it would
show that the petitioner was only subjected to counseling because the
private respondent claimed he had unusual behavior. Never did the
petitioner agree that he be tested for any diagnosis. In fact, it is mind-
boggling how the private respondent was able to attain such diagnosis
when she herself did not administer any test on the petitioner.
SUMMARY:
61. Thus, it is without any argument that the totality of the actions done by
the private respondent should have warranted a penalty of cancellation
of her license as Registered Guidance Counselor. A penalty of
Reprimand is a very light penalty to be given considering the weight of
the transgressions committed by the private respondent which are
clearly actions unbecoming of a person licensed to be a Guidance
Counselor. Having her walk away with such a light penalty for her acts
would be like just a slap on the wrist which is not commensurate with
the gravity of her acts. It is thus the humble opinion of the petitioner that
the Board of Guidance and Counseling should re-visit its decision for if
they would, they would realize that the private respondent deserved a
penalty of cancellation of license.
63. With all due respect, the public respondent in rendering its Decision
committed grave error when it seemed to leave out some pieces of
evidence which if properly considered would have swayed the public
respondent to render a penalty of Suspension or Cancellation of License
of the private respondent and not just a mere reprimand. In the
preceding discussions, the petitioner had already highlighted some of
the material evidence seemed to have been left out by the public
respondent which even taken individually would have resulted to a
penalty higher than reprimand. Much more in its totality which clearly
shows that all the transgressions of the private respondent when
everything is added up is so grave that a penalty of reprimand is too
light to even be considered. In addition to this, there were some key
evidences that were not considered properly by the public respondent.
64. First, a thorough review of the records would clearly show that the
credibility of the petitioner was not destroyed by the private respondent
during his cross-examination. The private respondent did not even come
close to debunking the credibility and the truthfulness of the facts stated
by the petitioner when he testified. This is very vital considering that it
is during the direct testimony of the petitioner in which he elaborated
the wrong acts committed by the private respondent which
unfortunately where not included in his complaint-affidavit considering
that the petitioner himself prepared the complaint without any
assistance of counsel. Despite all of this, the petitioner still testified and
clearly stated the transgressions of the private respondent and how this
affected him. Being part of the record, the additional claims of the
petitioner should have been considered by the public respondent and
not just brushed aside just because it was not part of the complaint. In all
hearings, it is expected that a number of instances could be raised
during the testimony itself for it is only to be expected that in drafting
the complaint some may have been missed out especially when it was
prepared not by a lawyer. This is also the very reason why the adverse
party, the private respondent in this case, is given the opportunity to
conduct cross-examination, in order to ensure that due process and the
opportunity to face the accuser is afforded to the private respondent.
Thus, his testimony is a sufficient evidence to prove all his allegations
on his complaint-affidavit.
65. Moreover, the petitioner begs to disagree with the findings of the public
respondent that he consented with the counseling. There is a mountain
of difference between voluntarily agreeing to something and being
forced to agree while staring at the barrel of a gun. The counseling was
forced upon by the private respondent upon the throat of the petitioner.
During the direct testimony of the private respondent, she readily
admitted that she decided on her own that the petitioner should
undergo counseling instead of working for five hours. The premise that
it was proposed first before VPSA Fr. Magnaye is misleading. There was
never a proposal but a recommendation which would never have been
overturned in the first place. Be it as it may, even if it is to be accepted
that the counseling was greenlighted by the school, it is the public
respondent and not the private respondent or the school who is well
versed in the intricacies of Guidance Counseling. It is undisputed that
going through the entire record of the case, the private respondent have
not presented or have given an acceptable reason that warranted the
order to have the petitioner undergo counseling sessions and for it to be
conducted by five counselors at that. It is clear that the private
respondent targeted specifically the petitioner because not a single piece
of evidence was shown that this was regularly done by the school. In
fact, the private respondent have never presented any proof that before
she subjected the petitioner to counseling and before the school
greenlighted the counseling that the petitioner’s parents or guardian was
informed about this. The fact that the petitioner is of age is of no
moment since he is still under the care of the school which ultimately
must work hand in hand with students’ parents.
66. Moreover, it can be gleaned from the record of the case that the private
respondent, during her direct testimony, ADMITTED that she called the
petitioner “bobo and tanga”. And it can also be gleaned from the record
of the case that the private respondent called the petitioner “barriotic”,
particularly the letter of the private respondent address to the Vice-
President for Student Affairs of Adamson University. When cross-
examined, the private respondent admitted that she did in fact used the
term “barriotic” in referring to the petitioner. The petitioner humbly
believes that presentation of evidence is no longer necessary to prove
such fact when it came out of the mouth of the private respondent
during her testimony on direct and even on cross-examination which
sadly was never referred to in the entire decision of the case.
67. Also, the petitioner humbly disagrees with the finding of the public
respondent that the petitioner admitted that the term “mentally sick”
was not used against him. With all due respect, the petitioner humbly
asks this Honorable Court to re-visit the transcript of the testimony of
the petitioner. What actually happened was that the petitioner was
asked whether he just assumed that the private respondent called him
mentally sick because he read in the report of Recelyn Arayata the term
“kagalingan ng pag-iisip” to which the petitioner answered in the
negative. There was never an admission on the part of the petitioner that
the term mentally sick was never used against him by the private
respondent because he heard it numerous times. As such, the petitioner
feels that the decision of the public respondent does not reflect what
actually happened during the hearings of the case.
68. Further, just to inform this Honorable Court, the private respondent
ADMITTED in the case that she filed against Ms. Ana Bellusa Pellejo,
RGC before the same Board that in the practice of psychological
assessment it is presupposed that the counselor is not around to
witness the experiences of the persons who underwent psychological
evaluation.xxx andthe document is the best evidence. Hence, all the
narration of the violation of the Code of Ethics of the private respondent
stated in the Psychological Analysis of the petitioner should be given
credence.
69. Thus, with all the pieces of evidence and material points raised by the
petitioner in his instant Memorandum of Appeal and which seemed to
have been left out or not even considered by the public respondent in
rendering its decision, it is the humble belief of the petitioner that the
tenets laid down in the case of Ang Tibay were not followed and as
such due processes was not afforded to the petitioner. This being the
case, it is also the humble belief of the petitioner that considering that
the decision was rendered without or lack of due process then it is
still high time for the petitioner to question the validity of the
Decision itself and the penalty meted out to the respondent. This
belief of the petitioner finds support in the case of Apo Cement
Corporation vs. Mingson Mining Industries Corporation G.R. No. 2006728,
November 12, 2014. In the said case it was stated that:
22 Footnote 3.
refusal to perform a duty imposed by law, or
to act in contemplation of law or where the
power is exercised in an arbitrary and
despotic manner by reason of passion and
hostility23
PRAYER
MARIANO P. FLORES
(Petitioner)
VERIFICATION
WITH
2. That I have caused the preparation and filing of the foregoing Petition
for Certiorari;
3. I have read and fully understood the contents thereof and affirm that
the factual statements therein made are true and correct to the best of
my own personal knowledge and belief;
MARIANO P. FLORES
Affiant
Notary Public
EXPLANATION
(Pursuant Section 11, Rule 13 of the Rules of Court)
MARIANO P. FLORES
Copy furnished: