JUSTICE FOR MSUAN ABEDIN LIMPAO OSOP sign now

LET JUSTICE BE DONE, NOW!

By
Abedin Limpao Osop
BS, Electrical Engineering (first batch)
First Regent (Elected by the MSUAA per R.A. 1387, as amended)
First Chancellor and Founder of MSU General Santos

I have suffered too much injustice.

I call upon the MSU alumni they be from the MSUAA, AMSUA or MEVI students, faculty and staff and all truth- and justice-loving people to help me getNOW what, by the law of God and man, is mine!

I retired as Chancellor of MSU General Santos in 1989. In 1994 I started to teach in its College of Engineering. On July 15, 1998 Dr. Macapado A. Muslim, then Chancellor of MSU General Santos (now the President of the MSU System) served on me his letter dated July 14, 1998. The letter reads:

In view of the return to the campus of Prof. Danilo Dadula for whom you have been serving as substitute since July 1, 1994, and considering the expiration of your temporary appointment last December 31, 1997, I regret to inform you that your services with the university will have to end. And since I am not renewing your appointment, you are advised to cease from reporting to duty effective immediately. Moreover, you should clear yourself from monetary and other official accountabilities with the university.

Prof. Danilo Dadula had returned to MSU General Santos from his study grant in June 1996 yet. Since then up to April 1998 Prof. Dadula and I had taught together in the College of Engineering of MSU General Santos. At the time I was served my termination letter, Prof. Dadula was not in campus. He had taken a leave of absence for the first semester of SY 1998-1999.

On April 17, 1998 Chancellor Muslim designated me as chairperson of the Electrical Engineering Department of the College of Engineering with term of office commencing from April 18, 1998 up to April 17, 1999. The designation was approved by the Board of Regents. I was paid my salary and honorarium (for being chairperson) for the period commencing January 1, 1998 up to July 15, 1998.

The day following I was served the termination letter, the entire studentry rose in protest. They enclosed the Administration Building with hog wires, and for the entire remaining days of the week, Thursday and Friday, Chancellor Muslim and the other officials and employees of the University were unable to report to their offices and render service. The protest action was stopped by the police the week following.

As I believed my dismissal from the University to be illegal, I sued Chancellor Muslim and Virgilio Ramos, the Dean of the College of Engineering (docketed Civil Case No. 5381, Abedin Limpao Osop vs. Macapado A. Muslim and Virgilio Ramos) for injunction and damages. Dean Ramos was a mere nominal party because in truth he was against my dismissal from the University. On June 16, 1998, one day after I received the letter of dismissal, which could also be the date he received copy of it, he wrote Chancellor Muslim:

This pertains the MEMORANDUM ORDER NO. 010-98C, dated 14 July 1998, Re: Expiration and Non-Renewal of Appointment of Prof. Abedin Limpao Osop and Distribution of His Teaching Load.

The said memorandum order surprised me and most of the constituents of this College. We are now in the middle of the semester and the management is aware that most of the faculties in this College are excessively overloaded. Basing on our records, there was no request for substitute of Engr. Danilo P. Dadula when he was on study leave in June 1994.

On 17 June 1994, Engr. Noel S. Gunay, then the Chairman of the Electrical Engineering Department, recommended the hiring of Abedin Limpao Osop in view of the study leave of Julito G. Fuerzas, PEE. Chancellor Moner M. Bajunaid, in his letter dated 30 June 1994, informed Dean Carlos B. Cuanan of the approval of the higher management to hire Prof. Abedin Limpao Osop as substitute of Engr. Julito Fuerzas effective 1 July 1994. After more than a semester, engr. Fuerzas stopped schooling but did not return to this campus. Since then, Prof. Abedin Limpao Osop went on teaching with the College of Engineering and his appointment was renewable yearly as those on probationary status.

Per DBM Plantilla of Personnel, page 336 of 444 pages, Prof. Abedin Limpao Osop has an item. For this I presume was not a contractual or substitute faculty of the College.

xxx xxx xxx

It has been noted and experienced that real excessive overload is more on the number of preparations than on overload teaching units. For the interest of our students and with much concern on the efficient delivery of instruction, the faculty of the Electrical Engineering Department could not absorb the load of Prof A.L. Osop. Since his load is major EE courses, the same could not be handled by any of the faculty in the other departments.

The case was dismissed on the ground of lack of jurisdiction. I appealed from the order of dismissal to the Court of Appeals (docketed CA-G.R. SP No. 49966, Abedin Limpao Osop vs. Hon. Abednego O. Adre and Macapado Muslim, et. al.). THE COURT OF APPEALS NULLIFIED THE ORDER OF DISMISSAL AND REMANDED THE CASE TO THE REGIONAL TRIAL COURT. In nullifying the order, the Court of Appeals says:

Clearly, therefore, when Petitioner continued teaching up to July 15, 1998 and even his appointment as Chairperson of the Electrical Engineering Department until April 17, 1999 , his appointment has ceased to be probationary in character.

Macapado Muslim (MAC), et al., appealed from the decision of the Court of Appeals to the Supreme Court (docketed G.R. No. 141276, Macapado Muslim, et. al. vs. Abedin Limpao Osop,). The Supreme Court denied the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in the questioned judgment to warrant the exercise by this Court of its discretionary appellate jurisdiction in this case.

After the decision of the Supreme Court in G.R. No. 141276 became final, we amended our complaint in Civil Case No. 6381, impleading the Mindanao State University. So, Civil Case No. 6381 is now entitled Abedin Limpao Osop vs. Macapado A. Muslim, Virgilio Ramos and the Mindanao State University

We filed in Civil Case No. 6381a motion for summary judgment. THE COURT GRANTED THE MOTION AND RENDERED JUDGMENT:

WHEREFORE, summary judgment is rendered in favor of the plaintiff by ordering the individual defendants or their successors, and defendant Mindanao State University to give teaching loads to plaintiff and to pay such amount as may be found to be due him in damages.

MAC, et. al. filed a motion for reconsideration of the decision. We filed a motion for execution pending appeal. The court denied the motion for reconsideration, and ordered the execution of the judgment insofar as the giving of teaching loads to the plaintiff only inasmuch as no amount of damages could be ascertained as of this moment.

MAC, et. al. filed a motion for reconsideration of the order granting the writ. THE COURT DENIED THE MOTION.

Upon the ground that MAC, et. al. failed to file a notice of appeal of the order of the court granting his motion for summary judgment, despite the lapse of more than 15 days from receipt of the order denying their motion for reconsideration, we filed a Motion For Partial Execution (Based On A Final Executory Judgment) i.e., that part of the judgment giving him teaching loads.

THE COURT GRANTED OUR MOTION FOR PARTIAL EXECUTION OF THE JUDGMENT AND ORDERED THE ISSUANCE OF THE WRIT OF EXECUTION. On the basis of the order, the Clerk of Court issued a writ of partial execution. The writ was served upon MAC, et. al., but they did not give me any teaching load.

We filed a petition for contempt of court and damages in the Regional Trial Court (docketed Sp. Civil Case No. 616, Abedin Limpao Osop vs. Macapado Muslim vs. Charlie Taclendo) (Charlie Taclendo had by then succeeded Virgilio Ramos as dean of the College of Engineering). THE COURT FOUND MAC AND TACLENDO GUILTY OF INDIRECT CONTEMPT OF COURT.

Therefore, respondents Macapado Muslim and Charlie Taclendo, Chancellor and Dean of the College of Engineering, respectively, this court adjudged them guilty of indirect contempt and their incarceration is hereby ordered until they comply with the order of the court to give teaching loads to Abedin Limpao Osop and to pay the fine of Thirty Thousand Pesos (P30,000.00).

MAC, et, al., appealed from the judgment to the Court of Appeals; we filed a motion for the issuance of warrant of arrest against MAC, et. al. arguing that the appeal was not a bar to their incarceration. The court resolved that should MAC et. al. still refuse to give me teaching loads, the office of the Clerk of Court is hereby directed to issue warrants for their arrest, and the Chief of Police of this city or any of his lawful deputies are hereby directed to cause [their] arrest. Their motion for reconsideration having been denied, MAC, et. al. filed a petition for certiorari in the Court of Appeals (docketed CA-G.R. SP No. 00385, Dr. Macapado A. Muslim and Engr. Charlie Taclendo vs. Hon. Judge Eddie Rojas and Abedin Limpao Osop).

The Court of Appeals issued a temporary restraining order for 60 days, which saved MAC and Taclendo from arrest, and thereafter rendered judgment declaring the orders of respondent Judge Rojas null and void and ordering him to fix the amount of bail for the temporary liberty of herein petitioners pending their appeal in Special Civil Case No. 616. The trial court fixed the bond at P50,000 for MAC and Taclendo, thus, after posting the bond, they enjoyed their temporary liberty.

Back to Civil Case No. 6381, MAC, et. al. filed their Very Urgent Motion to Declare Writ of Execution Void (Quashal of Writ of Execution), contending that while the controverted judgment set the determination of damages in the succeeding hearing of this case, the writ of execution as it shows in its face covers the damages. Without waiting for the resolution of the motion, MAC, ALONE, in his personal capacity, filed in the Court of Appeals a petition for certiorari (docketed CA-G.R. SP No. 82052, Dr. Macapado A. Muslim vs. Hon. Judge Eddie J. Rojas and Abedin Limpao Osop), assailing the validity of the order granting our motion for partial execution of the judgment and directing the issuance of the writ of execution. Upon the filing of the petition, the trial court ordered the suspension of the proceedings in Civil Case No. 6381.

On January 10, 2005 the Mindanao State University, through the Solicitor General, filed a Motion to Intervene (With Motion to Admit Memorandum). The Court of Appeals denied the motion. SUBEQUENTLY, THE COURT OF APPEALS DENIED THE PETITION FOR CERTIORARI FOR BEING DEVOID OF ANY MERIT. MAC filed a motion for reconsideration and a supplemental motion for reconsideration. The motion is still there pending.

In June 2006 the Board of Regents (BOR) of the Mindanao State University, through the Office of the Solicitor General, filed in the Supreme Court a petition for review on certiorari (dated June 1, 2006) against me (docketed G.R. No. 172448, The Board of Regents of the Mindanao State University vs. Abedin Limpao Osop) assailing the validity of the decision in CA-G.R. SP No. 82052 of which MAC was, and still is, seeking reconsideration (Whew!) My lawyer told me that neither the Rules of Court nor jurisprudence allows this.

The BOR furnished the Court of Appeals in CA-G.R. SP No. 82052 a copy of the petition in G.R. No. 172448 which prompted the Court to issue a resolution stating:

Pending before Us is petitioners Motion for Reconsideration and Supplemental Motion for Reconsideration of Our March 14,2006 Decision denying his petition for certiorari under Rule 65 of the Rules of court.

On June 8, 2006, We were furnished a copy of a Petition for Review on certiorari under rule 45 filed before the Supreme Court by the Board of Regents of the Mindanao State University (MSU), whose motion for intervention in the instant case was denied by Us. Said petition is docketed as G.R. No.172448.

Considering that the aforementioned petition for review on certiorari assails Our March 14, 2006 Decision and considering further that judicial deference constrains Us to await the Honorable Supreme Courts ruling on the same, We opt to hold in abeyance the resolution of the instant motion for reconsideration and supplemental motion for reconsideration.

Why did the Board furnish the Court of Appeals of a copy of its petition in the Supreme Court? In what capacity did the BOR do so? Why did the Court of Appeals give weight to a paper furnished to it by one who is not a party to the case?

We filed in the Supreme Court a motion to dismiss the petition to cite the solicitors who signed it in contempt of court, alleging that the petition is an attempt to resurrect a lost right of appeal in Civil Case No. 6381, that the decision in CA-G.R. SP No. 82052 being assailed in the petition, was still being reviewed by the Court of Appeals upon motion of MAC, and that the Board of Regents and/or the Mindanao State University was guilty of forum-shopping. Earlier, the Supreme Court had ordered us to comment on the petition not to file a motion to dismiss. (We had already filed our motion to dismiss when we received the order). The court granted our prayer that the motion to dismiss we filed earlier be treated as our comment on the petition. WE EXPECTED A DISMISSAL ORDER FROM THE COURT. WE INSTEAD RECEIVED AN ORDER TO SUBMIT OUR RESPECTIVE MEMORANDUMS. (Whew!!) Kailangan pa bang i-memorize yan?!

It has been eleven years since we filed our complaint in Civil Case No. 6381. G.R. No. 172448 is still pending in the Supreme Court, and all the other cases have frozen. And here I amwith no job, no money, and already 67 years old.

It seems that not only President Muslim and the Board of Regents are against me. The Supreme Court, in not dismissing a patently baseless petition, seems against me as well. Please help me.

The immediate step to take to enable me get what is due me is for the Board of Regents to withdraw its petition and to pay me all that the courts have determined to be due me. The incumbent alumni regent, Halil Lucman, who is a lawyer, surely understands the state of things, and he may be receptive to the idea, but alone he may not be able to move the BOR towards that direction. But with the full force of the alumni, students, faculty and staff and all truth- and justice-loving people behind him, maybe the BOR will listen. I urge you to send resolutions, post and emails, text messages and other forms of communications to the Board of Regents urging it to withdraw its petition in G.R. No. 172448.

FOR MY SAKE, AN ALUMNUS OF THE UNIVERSITY, NAY, IN THE INTEREST OF JUSTICE, PLEASE DO SOMETHING.

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