Professional Regulation Commission v. PSME

LAZARO-JAVIER, J.:

The Case This Petition for Review on Certiorari1 assails the following dispositions of the Court of Appeals in CA-G.R. CV No. 110943: 1. Decision2 dated March 10, 2020 reversing the decision of the Regional Trial Court (RTC) - Manila, Branch 6 in Civil Case No. 16-135469 entitled "Philippine Society of Mechanical Engineers represented by its incumbent President Murry F. Demdam v. Professional Regulation Commission, Acting Chairperson Angeline T Chua Chiaco, Commissioner Yolanda Reyes" which granted petitioner's Omnibus Motion to Dismiss on ground of mootness and res judicata ; and 2.

Resolution3 dated September 21, 2020 denying petitioner's motion for reconsideration. Antecedents On October 21 to 25, 2015, respondent Philippine Society of Mechanical Engineers (PSME) held its 63rd National Convention and General Membership Meeting. The convention involved the election of the 2016 PSME National Board of Directors which, in turn, had the authority to elect the 2016 PSME National Officers.4 On October 25, 2015, the PSME Commission on Elections (PSME­COMELEC) through the 2015 PSME National President, Engr.

Pablito Ocampo, confirmed the 2016 election results where fifteen (15) members won the seats in the board of directors.5 On October 26, 2015, however, Engr. Leandro A Conti (Engr. Conti) filed a letter-protest before the PSME-COMELEC.

He claimed that: (1) the Manila Chapter accepted ballots after the 5 o'clock deadline; (2) 3,500 ballots from the Manila Chapter were cast in favor of a single set of candidate; (3) the ballots contained a single penmanship with the same pen used; (4) there was a single sequence on how the candidates appeared on the ballots; (5) the list of voters in the Manila Chapter included names of inactive members; and (6) there was discrepancy in the tallying of votes in the entire National Capital Region affecting the order or position of candidates.6 On November 5, 2015, the 2015 PSME Executive Committee invited the incoming members of the 2016 Board for a special meeting on November 28, 2015. The purpose of the meeting was for the election of the 2016 PSME National Officers to be supervised by the PSME-COMELEC.7 On November 7, 2015, the PSME-COMELEC called a meeting which was attended by the group of Engr.

Murry F. Demdam (Engr. Demdam). There, PSME-COMELEC furnished Engr.

Demdam with Engr. Conti's letter-­protest. In turn, Engr.

Demdam's group handed the PSME-COMELEC two (2) letters: (1) one pointing out the supposed lack of authority of the PSME­COMELEC to entertain the protest of Engr. Conti, and (2) another, demanding that the PSME-COMELEC proceed with the Special Board Meeting scheduled on November 28, 2015.8 Thereafter, on November 14, 2015, the 2015 PSME National Board of Directors passed Resolution 2015-59 directing the PSME-COMELEC and the newly elected directors to attend the November 28, 2015 Special Board Meeting at the Philippine Columbian Association.9 But instead of complying therewith, the PSME-COMELEC issued its Omnibus Resolution dated November 22, 2015 resolving the protest in favor of Engr. Conti.

Thus, the PSME-COMELEC annulled the tally sheets covering 999 votes from the NCR Chapter on ground of improbability;10 and (2) the members of the group of Engr. Conti were declared as the newly elected members of the 2016 Board of Directors.11 Too, on November 25, 2015, the PSME-COMELEC conducted the election for the 2016 PSME National Officers where Engr. Conti got elected as National President.12 Immediately thereafter, Engr.

Conti furnished the Professional Regulatory Commission (PRC) copies of the purported new set of the 2016 PSME National Officers.13 The following day, or on November 26, 2015, Engr. Conti's group filed an intra-corporate case which got raffled to RTC Manila-Br.

24. The case was against Engr. Demdam's group praying that the November 22, 2015 Omnibus Resolution of PSME­COMELEC as well as the November 25, 2015 election of the 2016 PSME National Officers be declared valid and effective.14 Despite these supervening events, the 2015 PSME National Board of Directors still proceeded with the scheduled Special Board Meeting on November 28, 2015 for the election of the 2016 PSME National Officers.

There, Engr. Demdam won as the 2016 PSME National President.15 On December 18, 2015, however, the PRC through Acting Chairperson (AC) Angeline Chua Chiaco sent a letter addressed to the 2015 outgoing PSME President Engr. Ocampo, acknowledging Engr.

Conti as the 2016 PSME National President.16 Thus, on December 21, 2015, PSME represented, by Engr. Demdam sought the recall of AC Chiaco's December 18, 2015 letter. On February 10, 2016, the PRC nonetheless issued Office Order No. 2015-56 recognizing Engr.

Conti as the 2016 PSME National President solely for the purpose of issuing Certificates of Good Standing required for the PSME members applications for renewal of their Professional Identification Cards ,17 viz.: OFFICE ORDER No. 2016-56 Series of 2016 To: Chief, Registration Division Central Office Regional Directors Re: REQUIREMENT ON THE PRESENTATION AND SUBMISSION OF THE CERTIFICATE OF GOOD STANDING (COGS) ISSUED BY THE PHILIPPINE SOCIETY OF MECHAINICAL ENGINEERS (PSME) UNDER PRESIDENT LEANDRO A. CONTI FOR THE RENEWAL OF THE PROFESSIONAL IDENTIFICATION CARDS OF MECHANICAL ENGINEERING PRACTITIONERS Date: February 10, 2016