This developed as the Court of Appeals (CA) dismissed a petition for certiorari filed by one of the aspiring bureau heads due to technical issues. In dismissing the petition, the appellate court sustained the previous ruling of the lower court, which declared as not binding the appointment of Senior Supt. Josue Engaño as chief of the BJMP and re-assigned Chief Supt. Arturo Alit as the bureau’s officer-in-charge.
According to the CA, petitioner Engaño made a mistake in asking for certiorari because such special civil action only applies to "correction of errors or jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction," which is not covered in the Oct. 29-resolution of Quezon City Regional Trial Court Judge Modesto Juanson.
"In sum, petitioner’s available and proper remedy against such decision is not certiorari but rather an appeal of the judgment," the 15-page decision noted.
"We need not overemphasize that existence of and availability of the right of appeal are antithetical to the availment of the special civil action for certiorari ... in the final analysis, the special action of certiorari will not lie in this case," it added.
With these words, the CA decision effectively lifted existing legal impediments to the execution of the order of Judge Juanson. The ruling likewise said that the CA could not tackle issues on the qualification of the bureau head as such matters "are not for this court to decide in this proceedings but rather in the quo warranto suit. And we will not be tempted to deal with such issue."
The leadership squabbles at the BJMP started from President Arroyo’s appointment of Engaño as BJMP head last Sept. 6, which was challenged by Alit and Department of Interior and Local Government Secretary Jose Lina.
According to Alit and Lina, Engano should not be appointed as BJMP chief because he lacks qualification for the post, Alit argued that Engaño was not be qualified for the position because he has not been a one-star general for at least one year, and does not have a career executive service eligibility.
Using these grounds, Alit then filed a quo warranto case before the Quezon City Regional Trial Court (QCRTC) before the sala of Judge Juanson, who consequently resolved the case in favor of Alit. But even before the QCRTC could decide on Alit’s case, Engaño filed the petition for certiorari at the CA last Oct. 22, charging bias on the part of Judge Juanson. Due to the prolonged bickering, Lina was prompted to head the BJMP himself until the appeliate court has decided on the issue, or the President has made another appointment.
The latest ruling on the issue was handed down by the CA’s Tenth Division, penned by Justice Conrado Vasquez Jr., and concurred by Associate Justices Andres Reyes and Amelita Tolentino.