bacani vs nacoco_ministerio v. cfi

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EN BANC [G.R. No. L-9657. November 29, 1956.] LEOPOLDO T. BACANI and MATEO A. MATOTO, Plaintiffs-Appellees, vs. NATIONAL COCONUT CORPORATION, ET AL., Defendants, NATIONAL COCONUT CORPORATION and BOARD OF LIQUIDATORS, Defendants- Appellants. D E C I S I O N (BAUTISTA ANGELO, J.) Facts: LEOPOLDO Bacani and MATEO Matoto are court stenographers assigned in Branch VI of the Court of First Instance (RTC) of Manila. During the pendency of Civil Case No. 2293 of said court, entitled Francisco Sycip vs. National Coconut Corporation, Assistant Corporate Counsel Federico Alikpala, counsel for Defendant, requested said stenographers for copies of the transcript of the stenographic notes taken by them during the hearing.ß Plaintiffs complied and delivered the transcript of 714 pages (as well as the corresponding bill) to Counsel Federico Alikpala. In turn, NACOCO paid the amount of P564 to Leopoldo Bacani and P150 to Mateo Matoto for said transcript at the rate of P1 per page. On January 19, 1953, the Auditor General required the Plaintiffs to reimburse said amounts on the strength of a circular of the Department of Justice wherein the opinion was expressed that the National Coconut Corporation, being a government entity, was exempt from the payment of the fees in question . On February 6, 1954, the Auditor General issued an order directing the Cashier of the Department of Justice to deduct from the salary of Leopoldo T. Bacani the amount of P25 every payday and from the salary of Mateo A. Matoto the amount of P10 every payday beginning March 30, 1954. To prevent deduction of these fees from their salaries and secure a judicial ruling that the National Coconut Corporation is not a government entity within the purview of section 16, Rule 130 of the Rules of Court, this action was instituted in the Court of First Instance of Manila. Defendants set up as a defense that the National Coconut Corporation is a government entity within the purview of section 2 of the Revised Administrative Code of 1917 and, hence, it is exempt from paying the stenographers’ fees under Rule 130 of the Rules of Court. After trial, the court found for the Plaintiffs declaring (1) “that Defendant National Coconut Corporation is not a government entity within the purview of section 16, Rule 130 of the Rules of Court; chan roblesvirtualawlibrary(2) that the payments already made by said Defendant to Plaintiffs herein and received by the latter from the former in the total amount of P714, for copies of the stenographic transcripts in question, are valid, just and legal; chan roblesvirtualawlibraryand (3) that Plaintiffs are under no obligation whatsoever to make a refund of these payments already received by them.” This is an appeal from said decision. Under section 16, Rule 130 of the Rules of Court, the Government of the Philippines is exempt from paying the legal fees provided for therein, and among these fees are those which stenographers may charge for the transcript of notes taken by them that may be requested by any interested person (section 8). The fees in question are for the transcript of notes taken during the hearing of a case in which the National Coconut Corporation is interested, and the transcript was requested by its assistant corporate counsel for the use of said corporation. On the other hand, section 2 of the Revised Administrative Code defines the scope of the term “Government of the

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EN BANC[G.R. No. L-9657.November 29, 1956.]LEOPOLDO T. BACANI !" #ATEO A. #ATOTO, Plaintiffs-Appellees, v$. NATIONAL COCON%T CORPORATION, ET AL., Defendants, NATIONAL COCON%T CORPORATION !" BOARD O& LI'%IDATOR(, Defendants-Appellants.D E C I ( I O N )BA%TI(TA ANGELO, J.)&*+$, LEOPOLDO B*!- and #ATEO #+o+o are *o.r+ $+e!o/r01er$ assigned in Br!*1 2I of the Court of First Instance (RTC) of Manila. During the pendency of C-v-3 C$e No. 2294 of said court, entitled &r!*-$*o (5*-0 v$. N+-o!3 Co*o!.+ Cor0or+-o!, A$$-$+!+ Cor0or+e Co.!$e3 &e"er-*o A3-603, counsel for Defendant, requested said stenographers for copies of the transcript of the stenographic notes taken y the! during the hearing." Plaintiffs co!plied and deli#ered the transcript of 717 0/e$ (as $ell as the corresponding ill) to Counsel Federico %likpala. In turn, &%C'C' paid the a!ount of P567 to (eopoldo )acani and P158 to Mateo Matoto for said transcript at the rate of P1 0er 0/e. 'n *anuary +,, +,-., the %uditor /eneral required the Plaintiffs to rei!urse said a!ounts on the strength of a circular of the Depart!ent of *ustice $herein the opinion $as e0pressed that the &ational Coconut Corporation, eing a go#ern!ent entity, $as e0e!pt fro! the pay!ent of the fees in question. 'n Feruary 1, +,-2, the %uditor /eneral issued an order directing the Cashier of the Depart!ent of *ustice to deduct fro! the salary of (eopoldo T. )acani the a!ount of P25 ever5 05"5 and fro! the salary of Mateo %. Matoto the a!ount of P18 ever5 05"5 eginning March .3, +,-2. To pre#ent deduction of these fees fro! their salaries and secure a 4udicial ruling that the &ational Coconut Corporation is not a go#ern!ent entity $ithin the pur#ie$ of section +1, Rule +.3 of the Rules of Court, this action $as instituted in the Court of First Instance of Manila. Defendants set up as a defense that the &ational Coconut Corporation is a go#ern!ent entity $ithin the pur#ie$ of section 5 of the Re#ised %d!inistrati#e Code of +,+6 and, hence, it is e0e!pt fro! paying the stenographers7 fees under Rule +.3 of the Rules of Court. %fter trial, the court found for the Plaintiffsdeclaring (+) 8that Defendant &ational Coconut Corporation is not a go#ern!ententity $ithin the pur#ie$ of section +1, Rule +.3 of the Rules of Court9 chan roles#irtuala$lirary(5) that the pay!ents already !ade y said Defendant to Plaintiffs herein and recei#ed y the latter fro! the for!er in the total a!ount of:6+2, for copies of the stenographic transcripts in question, are #alid, 4ust and legal9 chan roles#irtuala$liraryand (.) that Plaintiffs are under no oligation $hatsoe#er to !ake a refund of these pay!ents already recei#ed y the!.; This is an appeal fro! said decision.