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Jose Marcel Panlilio V RTC
Jose Marcel Panlilio V RTC
Supreme Court
Manila
SECOND DIVISION
JOSE
MARCEL
PANLILIO, G.R. No. 173846
ERLINDA PANLILIO, NICOLE
MORRIS
and
MARIO
T. Present:
CRISTOBAL,
Petitioners,
-versusCORONA,* C.J.,
CARPIO, J., Chairperson,
REGIONAL
TRIAL
COURT, PERALTA,
BRANCH
51,
CITY
OF PEREZ,** and
MANILA,represented
by
HON. MENDOZA, JJ.
PRESIDING JUDGE ANTONIO M.
ROSALES; PEOPLE OF THE
PHILIPPINES; and the SOCIAL Promulgated:
SECURITY SYSTEM,
Respondents.
February 2, 2011
x -------------------------------------------------------------------------------x
DECISION
PERALTA, J.:
Before this Court is a petition for review on certiorari[1] under Rule 45 of the
Rules of Court, seeking to set aside the April 27, 2006 Decision [2] and August 2,
2006 Resolution[3] of the Court of the Appeals (CA) in CA-G.R. SP No. 90947.
The facts of the case are as follows:
On October 15, 2004, Jose Marcel Panlilio, Erlinda Panlilio, Nicole Morris
and Marlo Cristobal (petitioners), as corporate officers of Silahis International
Hotel, Inc. (SIHI), filed with the Regional Trial Court (RTC) of Manila, Branch 24,
a petition for Suspension of Payments and Rehabilitation [4] in SEC Corp. Case No.
04-111180.
On October 18, 2004, the RTC of Manila, Branch 24, issued an
Order staying all claims against SIHI upon finding the petition sufficient in form
and substance. The pertinent portions of the Order read:
[5]
Finding the petition, together with its annexes, sufficient in form and
substance and pursuant to Section 6, Rule 4 of the Interim Rules on Corporate
Rehabilitation, the Court hereby:
xxxx
2) Stays the enforcement of all claims, whether for money or otherwise
and whether such enforcement is by court action or otherwise, against the debtor,
its guarantors and sureties not solidarily liable with the debtor.[6]
At the time, however, of the filing of the petition for rehabilitation, there
were a number of criminal charges[7] pending against petitioners in Branch 51 of
the RTC of Manila. These criminal charges were initiated by respondent Social
Security System (SSS) and involved charges of violations of Section 28 (h) [8] of
Republic Act 8282, or the Social Security Act of 1997 (SSS law), in relation to
Article 315 (1) (b)[9] of the Revised Penal Code, or Estafa. Consequently,
petitioners filed with the RTC of Manila, Branch 51, a Manifestation and Motion to
Suspend Proceedings.[10] Petitioners argued that the stay order issued by Branch 24
should also apply to the criminal charges pending in Branch 51. Petitioners, thus,
prayed that Branch 51 suspend its proceedings until the petition for rehabilitation
was finally resolved.
On December 13, 2004, Branch 51 issued an Order [11] denying petitioners
motion to suspend the proceedings. It ruled that the stay order issued by Branch 24
did not cover criminal proceedings, to wit:
xxxx
Clearly then, the issue is, whether the stay order issued by the RTC
commercial court, Branch 24 includes the above-captioned criminal cases.
The Court shares the view of the private complainants and the SSS that the
said stay order does not include the prosecution of criminal offenses. Precisely,
the law criminalizes the non-remittance of SSS contributions by an employer to
protect the employees from unscrupulous employers. Clearly, in these cases,
public interest requires that the said criminal acts be immediately investigated and
prosecuted for the protection of society.
From the foregoing, the inescapable conclusion is that the stay order
issued by RTC Branch 24 does not include the above-captioned cases which are
criminal in nature.[12]
The CA discussed that violation of the provisions of the SSS law was a
criminal liability and was, thus, personal to the offender. As such, the CA held that
the criminal proceedings against the petitioners should not be considered a claim
against the corporation and, consequently, not covered by the stay order issued by
Branch 24.
Petitioners filed a Motion for Reconsideration,[15] which was, however,
denied by the CA in a Resolution dated August 2, 2006.
Hence, herein petition, with petitioners raising a lone issue for this Courts
resolution, to wit:
x x x WHETHER OR NOT THE STAY ORDER ISSUED BY BRANCH 24,
REGIONAL TRIAL COURT OF MANILA, IN SEC CORP. CASE NO. 04111180 COVERS ALSO VIOLATION OF SSS LAW FOR NON-REMITTANCE
OF PREMIUMS AND VIOLATION OF [ARTICLE] [3] 515 OF THE REVISED
PENAL CODE.[16]
In November 21, 2000, this Court En Banc promulgated the Interim Rules of
Procedure on Corporate Rehabilitation,[20] Section 6, Rule 4 of which provides a
stay order on all claims against the corporation, thus:
Stay Order. - If the court finds the petition to be sufficient in form and
substance, it shall, not later than five (5) days from the filing of the petition, issue
an Order x x x; (b) staying enforcement of all claims, whether for money or
otherwise and whether such enforcement is by court action or otherwise, against
the debtor, its guarantors and sureties not solidarily liable with the debtor; x x x[21]
Rosario is at fours with the case at bar. Petitioners are charged with violations of
Section 28 (h) of the SSS law, in relation to Article 315 (1) (b) of the Revised
Penal Code, or Estafa. The SSS law clearly criminalizes the non-remittance of SSS
contributions by an employer to protect the employees from unscrupulous
employers. Therefore, public interest requires that the said criminal acts be
immediately investigated and prosecuted for the protection of society.
The rehabilitation of SIHI and the settlement of claims against the
corporation is not a legal ground for the extinction of petitioners criminal
liabilities. There is no reason why criminal proceedings should be suspended
during corporate rehabilitation, more so, since the prime purpose of the criminal
action is to punish the offender in order to deter him and others from committing
the same or similar offense, to isolate him from society, reform and rehabilitate
him or, in general, to maintain social order.[26] As correctly observed in Rosario,
[27]
it would be absurd for one who has engaged in criminal conduct could escape
punishment by the mere filing of a petition for rehabilitation by the corporation of
which he is an officer.
The prosecution of the officers of the corporation has no bearing on the
pending rehabilitation of the corporation, especially since they are charged in their
individual capacities. Such being the case, the purpose of the law for the issuance
of the stay order is not compromised, since the appointed rehabilitation receiver
can still fully discharge his functions as mandated by law. It bears to stress that the
rehabilitation receiver is not charged to defend the officers of the corporation. If
there is anything that the rehabilitation receiver might be remotely interested in is
whether the court also rules that petitioners are civilly liable. Such a scenario,
however, is not a reason to suspend the criminal proceedings, because as aptly
discussed in Rosario, should the court prosecuting the officers of the corporation
find that an award or indemnification is warranted, such award would fall under
the category of claims, the execution of which would be subject to the stay order
issued by the rehabilitation court.[28] The penal sanctions as a consequence of
violation of the SSS law, in relation to the revised penal code can therefore be
implemented if petitioners are found guilty after trial. However, any civil
indemnity awarded as a result of their conviction would be subject to the stay order
issued by the rehabilitation court. Only to this extent can the order of suspension be
considered obligatory upon any court, tribunal, branch or body where there are
pending actions for claims against the distressed corporation.[29]
On a final note, this Court would like to point out that Congress has recently
enacted Republic Act No. 10142, or the Financial Rehabilitation and Insolvency
Act of 2010.[30] Section 18 thereof explicitly provides that criminal actions against
the individual officer of a corporation are not subject to the Stay or Suspension
Order in rehabilitation proceedings, to wit:
The Stay or Suspension Order shall not apply:
xxxx
(g) any criminal action against individual debtor or owner, partner, director or
officer of a debtor shall not be affected by any proceeding commenced under
this Act.
Withal, based on the foregoing discussion, this Court rules that there is no legal
impediment for Branch 51 to proceed with the cases filed against petitioners.
WHEREFORE, premises considered, the petition is DENIED. The April
27, 2006 Decision and August 2, 2006 Resolution of the Court of Appeals in CAG.R. SP No. 90947 areAFFIRMED. The Regional Trial Court of Manila, Branch
51, is ORDERED to proceed with the criminal cases filed against petitioners.
SO ORDERED.
DIOSDADO M. PERALTA
Associate Justice
WE CONCUR:
RENATO C. CORONA
Chief Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in consultation
before the case was assigned to the writer of the opinion of the Courts Division.
ANTONIO T. CARPIO
Associate Justice
Second Division, Chairperson
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution and the Division
Chairpersons Attestation, I certify that the conclusions in the above Decision had
been reached in consultation before the case was assigned to the writer of the
opinion of the Courts Division.
RENATO C. CORONA
Chief Justice
Designated as an additional member in lieu of Associate Justice Antonio Eduardo B. Nachura, per raffle dated June
22, 2009.
**
Designated as an additional member in lieu of Associate Justice Roberto A. Abad, per raffle dated July 12, 2010.
[1]
Rollo, pp. 9- 23.
[2]
Penned by Associate Justice Andres B. Reyes, Jr., with Associate Justices Rosmari D. Carandang and Japar B.
Dimaampao, concurring, id. at 31-37.
[3]
Id. at 28.
[4]
Id. at 102- 110.
[5]
Id. at 111-113.
[6]
Id. at 112.
[7]
Crim. Cases Nos. 00-184890, 00-183031 to 71, 03-213284 to 88, 03-206273, 03-207141, 03-214539, 03-214667,
03-215273, 03-215650, 03-215651, 03-216015 and 03-216187.
[8]
(h) Any employer who, after deducting the monthly contributions or loan amortizations from his employees
compensation, fails to remit the said deduction to the SSS within thirty (30) days from the date they became due,
shall be presumed to have misappropriated such contributions or loan amortizations and shall suffer the penalties
provided in Article Three hundred fifteen of the Revised Penal Code.
[9]
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property
received by the offender in trust or on commission, or for administration, or under any other obligation involving the
duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a
bond; or by denying having received such money, goods, or other property.
[10]
Rollo, pp. 114-120.
[11]
Records, pp. 375-376.
[12]
Id. at 376.
[13]
Rollo, pp. 150-168.
[14]
Id. at 37.
[15]
Id. at 169-174,
[16]
Id. at 14.
[17]
Rule 2, Section 1 of the Rules of Procedure on Corporate Rehabilitation, effective January 19, 2009, supplanting
the Interim Rules of Procedure on Corporate Rehabilitation (A.M. No. 00-8-10-SC).
[18]
Negros Navigation Co., Inc. v. Court of Appeals, G.R. Nos. 163156 and 166845, December 10, 2008, 573 SCRA
434, 450.
[19]
Emphasis supplied.
[20]
A.M. No. 00-8-10-SC, [November 21, 2000]
[21]
Emphasis supplied.
[22]
G.R. No. 107002, October 7, 1994, 237 SCRA 446, 450.
[23]
BF Homes, Incorporated. v. Court of Appeals, G.R. Nos. 76879 and 77143, October 3, 1990, 190 SCRA 262,
269.
[24]
G.R. No. 133608, August 26, 2008, 563 SCRA 239.
[25]
Id. at 250-251. (Emphasis supplied.) (Citations omitted.)
[26]
Ramiscal v. Sandiganbayan, 487 Phil. 384, 405 (2004).
[27]
Supra note 24, at 252.
[28]
Id. at 252-253.
[29]
Id. at 253.
[30]
AN ACT PROVIDING FOR THE REHABILITATION OR LIQUIDATION OF FINANCIALLY DISTRESSED
ENTERPRISES AND INDIVIDUALS.