Provin 1

PROVINCE OF LEYTE, HEREIN REPRESENTED BY MR.
RODOLFO BADIABLE, IN
HIS CAPACITY AS THE ICO-PROVINCIAL TREASURER, PROVINCE OF
LEYTE, Petitioner, v. ENERGY DEVELOPMENT CORPORATION, Respondent.
G.R. No. 203124, June 22, 2015, FIRST DIVISION, PERLAS-BERNABE, J
At the outset, it must be stressed that the instant case was elevated to the CA via a
petition for certiorari which is, by nature, an original and independent action, and
therefore, not considered as part of the trial that had resulted in the rendition of the
judgment or order complained of. Being an original action, there is a need for the CA to
acquire jurisdiction over the person of the parties to the case before it can resolve the
same on the merits.
Facts: The Province of Leyte issued four (4) separate franchise tax assessments
against EDC which the latter, in turn, protested separately. When the Province of Leyte
effectively denied all protests, EDC appealed such denials before the Regional Trial
Court. Upon motion of EDC, the RTC issued an Order dated directing the consolidation
of said appeals.
Notwithstanding the pendency of the cases before the RTC, the Province of Leyte issued
another tax assessment against EDC. This prompted EDC to file a Motion for Issuance
of Writ of Preliminary Injunction praying that the RTC enjoin the Province of Leyte "from
assessing, or attempting to assess, collecting or attempting to collect franchise taxes
from, and availing [itself] of enforcement remedies or actions against [EDC] until [the
pending cases before the RTC] shall have been resolved with finality."
In support of its motion, EDC averred that it does not have a franchise; hence, the
Province of Leyte's assessment of franchise taxes against it is contrary to law and would
result in the payment of illegally exacted taxes if not enjoined. It was further claimed that
should the Province of Leyte's actions continue, EDC's operations will be seriously
imperilled and will altogether cease, resulting in loss of substantial revenues, as well as
loss of jobs for its employees. Finally, EDC contends that the damage that it stands to
suffer from the Province of Leyte's acts is irreparable as there is no assurance that it will
be able to recover such losses.
The RTC denied EDC's motion on the ground that its grant would in effect dispose
of the cases before it. Aggrieved, the Province of Leyte elevated the matter before the CA
by way of a petition for certiorari. the CA dismissed the petition on the ground that, inter
alia, "there was no proper proof of service of the petition to the adverse party.
Issue: Whether or not the CA correctly dismissed the Province of
Leyte's certiorari petition before it due to its failure to provide proof of service of the same
on EDC.
Held: No. Naturally, the CA acquired jurisdiction over the person of the petitioner
-which is the Province of Leyte in this case - upon the filing of the certiorari petition. On
the other hand, Section 4, Rule 46 of the Rules of Court (Rules), which covers cases
originally filed before the CA, provides how the CA is able to acquire jurisdiction over the
person of the respondent:
SEC. 4. Jurisdiction over person of respondent, how acquired. — The court

shall acquire jurisdiction over the person of the respondent by the service on him
of its order or resolution indicating its initial action on the petition or by his
voluntary submission to such jurisdiction. (Emphases and underscoring supplied)
Thus, in petitions for certiorari filed before the CA, the latter acquires jurisdiction
over the person of the respondent upon: (a) the service of the order or resolution
indicating the CA's initial action on the petition to the respondent; or (b) the voluntary
submission of the respondent to the CA's jurisdiction. In the case at bar, records reveal
that the CA served its Resolution dated November 4, 2009 indicating its initial action on
the Province of Leyte's certiorari petition before it, i.e., directing EDC to file a comment to
the petition, among others. In fact, the EDC complied with such directive by filing its
commentdated December 14, 2009 to such petition. Hence, the CA had already acquired
jurisdiction over both parties to the instant case.
Verily, the demands of justice require the CA to resolve the issues before it,
considering that what is at stake here are taxes, albeit locally imposed in this case, which
are the nation's lifeblood through which government agencies continue to operate and
with which the State discharges its functions for the welfare of its constituents. Thus, it is
far better and more prudent for the Court to excuse a technical lapse and afford the parties
a substantive review of the case in order to attain the ends of justice than to dismiss the
same on mere technicalities.
WHEREFORE, the petition is GRANTED. Accordingly, the Resolutions dated
September 21, 2011 and August 3, 2012 of the Court of Appeals (CA) in CA-G.R. SP No.
04575 are hereby REVERSED and SET ASIDE. CA-G.R. SP No. 04575
is REINSTATED and REMANDED to the CA, which is DIRECTED to resolve the case on
the merits.
SO ORDERED.

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PROVINCE OF LEYTE, HEREIN REPRESENTED BY MR.

SEC. 4. Jurisdiction over person of respondent, how acquired. — The court

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