RTC junks bid to oust MP college president

By Dexter A. See 

BONTOC, Mountain Province – A local court dismissed a petition filed by individuals seeking the ouster of Dr. Nieves A. Dacyon, president of the Mountain Province State Polytechnic College by declaring a resolution approved by the board of trustees as null and void because of lack of petitioners’ legal standing to file the case and for being a “collateral attack” on her title.

Judge Sergio T. Angnganay, Jr., presiding judge of the province’s Regional Trial Court Branch 36, in a 6-page resolution, found out that the petitioners, Dan Evert C. Sokoken, Sr. and Terrence Leif F. Fangasan, are without legal standing to institute the case since their petition did not establish what right or standing in filing the suit.

            

“The only part of the petition that alludes to their right to sue is paragraph 1 of the petition. However, the said paragraph merely recites factual basis of petitioners’ general capacity to institute a suit,” Angnganay stated in his decision, citing that petitioners may have the capacity to sue as amply argued by them in their consolidated comment but they have not averred anything to qualify them as real parties in interest.

            

Considering that the case is a public suit, the court pointed out the petitioners should have alleged in their petition their interest which was or will be prejudiced by the issuance of Resolution No. 067, series of 2008 that granted Dacyon her second term as MPSPC president from 2009 to 2013.

            

According to the court, it is not enough that the petitioners have alleged the illegality of the assailed resolution but it should be coupled with the allegation that they suffered some injuries or they are about to sustain direct harm or injury as a consequence of the challenged government act.

           

 “Sadly, even a mere incidental interest of petitioners cannot be inferred from the allegations in their petition,” Angnganay said.

           

 The decision said being faculty members of MPSPC does not automatically invest upon the petitioners the right to challenge the legality or validity of the BOT resolution since they have not alleged a single fact that their individual rights as faculty members were prejudiced or in eminent danger of being trampled upon by the approval of the resolution or the reappointment of Dacyon.

           

 “While paragraph 13 of the petition states that MPSPC faculty and students had initiated charges against Dacyon for abuse of authority, graft and corruption, incompetence and arrogance, there was not specific allegation of actual or potential injury suffered or to be suffered by petitioners as faculty members needing affirmative relief from the court,” the decision added.

            

Angnganay told petitioners the court is not unmindful of the long line of cases setting aside the issue on legal standing just to determine the merits of the cases and in those instances, the compelling reason advanced by the Supreme Court in disregarding the absence of locust standi involves issues of “transcendental importance,” over reaching significance to society or of paramount public interest.

           

 “Evidently, while the petitioners main objective in filing this suit is to obtain a declaration of nullity of the assailed resolution, the necessary consequence of granting the nullity will be the ouster and exclusion of Dacyon from her position as MPSPC president. Clearly, this action is a collateral attack on Dacyon’s title which cannot be countenance by the court,” the decision said, stating that attack on public offer’s title cannot be made in any action except in a quo warranto proceeding.

            

Being a collateral attack on a public officer’s title, the present petition for certiorari and prohibition must be dismissed. The title to a public office may not be contested except directly by quo warranto proceedings and it cannot be assailed collaterally, even through mandamus or a motion to a null or set aside order,” Angnganay said.

            

On the other hand, the court ruled that assuming that the petition is a quo warranto case, the same is still dismissible pursuant to existing rules of court since a person instituting a quo warranto case must have a stake, claim or right of entitlement to the contested decision usurped by another.

            

Because of the court decision affirming the assailed BOT resolution, Dacyon continues to sit as MPSPC president.