Republic of the Philippines

Court of Appeals
Manila

THIRTEENTH DIVISION

PHILIPPINE SOCIETY OF CA-G.R. CV No. 93418

SANITARY ENGINEERS, INC.
and ENGR. FRANCISCO S.
Members:
BRAVO in his personal capacity
as a registered Sanitary Engineer,
Petitioners-Appellees, PIZARRO, N.B., Chairperson,
GAERLAN, S.H., and
QUIJANO-PADILLA, M.L.C., JJ.:
- versus -

HONORABLE HERMOGENES E.
EBDANE, in his official capacity
as Secretary of THE
DEPARTMENT OF PUBLIC
WORKS AND HIGHWAYS,
PROFESSIONAL REGULATION
COMMISSION, THE BOARD OF
SANITARY ENGINEERS, THE
Promulgated:
BOARD OF MASTER
PLUMBERS, and THE
FEBRUARY 13, 2017
NATIONAL MASTER
PLUMBERS ASSOCIATION OF
THE PHILIPPINES,
Respondents-Appellants.

RESOLUTION

QUIJANO-PADILLA, J.:

This is a Motion for Reconsideration 1 filed by public respondents-

appellants of this Court's Decision2 promulgated on August 23, 2016,

1 Rollo, pp.478-483.
2 Id. at p. 460-470.
CA-G.R. CV No. 93418 Page 2 of 3
Resolution

the dispositive portion of which reads, as follows:

WHEREFORE, the instant appeal is hereby

DISMISSED.

SO ORDERED.

In their motion, public respondents-appellants averred that

the appeal is not based on pure questions of law but on questions of
both facts and law in that there is a requirement of inquiry into the
evidence presented in the trial court specifically in resolving the
issue on the credibility of the witnesses. Therefore, ordinary appeal
to this Court is proper.

The motion is bereft of merit.

A close scrutiny of our Decision vis-a-vis the Motion for

Reconsideration shows that the issues raised in the present motion
and the arguments advanced in support thereof are mere reiteration
of those already considered and passed upon, and no new issue or
substantial argument has been presented to justify the reversal or
modification of the assailed decision.

We repeat that public respondents-appellants raised pure

questions of law. The issue of whether certain portions of the IRR-
NBC are legal requires an examination of its provision vis-a-vis the
pertinent laws, i.e., the Master Plumbing Law and the Sanitary
Engineering Law, as well as other laws relating to it. The issue of the
usurpation of power of the Secretary of DPWH in the
implementation of the IRR-NBC is also a question of law as it
involves the perusal of the Constitution and the laws relating to the
functions of the Secretary of the DPWH. These issues are pure
questions of law which must be brought directly to the Supreme
Court by filing a petition for review on certiorari under Rule 45, not
an ordinary appeal with this Court under Rule 41. Hence, the
motion for reconsideration is unwarranted.

WHEREFORE, the Motion for Reconsideration is hereby

CA-G.R. CV No. 93418 Page 3 of 3
Resolution

DENIED for lack of merit.

SO ORDERED.

ORIGINAL SIGNED
MA. LUISA C. QUIJANO-PADILLA
Associate Justice

WE CONCUR:

ORIGINAL SIGNED ORIGINAL SIGNED

NORMANDIE B. PIZARRO SAMUEL H. GAERLAN
Associate Justice Associate Justice