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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
December-1995 Jurisprudence                 

  • G.R. Nos. 106949-50 December 1, 1995 - PAPER INDUSTRIES CORPORATION OF THE PHILIPPINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 109870 December 1, 1995 - EDILBERTO M. CUENCA v. COURT OF APPEALS, ET AL.

  • G.R. No. 115243 December 1, 1995 - GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) v. COURT OF APPEALS, ET AL.

  • G.R. No. 117577 December 1, 1995 - ALEJANDRO B. TY, ET AL. v. AURELIO C. TRAMPE, ET AL.

  • G.R. No. 118509 December 1, 1995 - LIMKETKAI SONS MILLING, INC. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-94-1167 December 4, 1995 - NASIB D. YASIN v. AUGUSTO N. FELIX

  • Adm. Matter No. MTJ-95-1028 December 4, 1995 - REYNATO MANLANGIT v. MELITO L. URGEL

  • G.R. No. 55134 December 4, 1995 - PEDRO PILAPIL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 103567 December 4, 1995 - PEOPLE OF THE PHIL. v. FRANCISCO G. SALLE, JR., ET AL.

  • G.R. No. 104114 December 4, 1995 - LEE CHUY REALTY CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 107938 December 4, 1995 - PEOPLE OF THE PHIL. v. ABULKHAIR PATAMAMA

  • G.R. No. 108873 December 4, 1995 - PEOPLE OF THE PHIL. v. LAURENCE "LARRY" CAJILO, ET AL.

  • G.R. No. 120132 December 4, 1995 - CRISANTA GALAY, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-95-1163 December 6, 1995 - DANILO M. SY v. ISABELITA M. CRUZ

  • G.R. No. 80127 December 6, 1995 - ORIENTAL MEDIA, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 97401 December 6, 1995 - LUIS CASTRO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107729 December 6, 1995 - GEORGE D. JONES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 115908-09 December 6, 1995 - PEOPLE OF THE PHIL. v. DANNY GODOY

  • Adm. Matter No. 95-6-02-SB December 7, 1995 - IN RE: SANTOS GONZALES, JR.

  • G.R. No. 83812 December 7, 1995 - PEOPLE OF THE PHIL. v. ENRICO PERALTA, ET AL.

  • G.R. No. 109281 December 7, 1995 - PHIL. TELEGRAPH AND TELEPHONE CORP., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 118114 December 7, 1995 - TEODORO ACAP v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 120865-71 December 7, 1995 - LAGUNA LAKE DEVELOPMENT AUTHORITY v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-951146 December 8, 1995 - ARTEMIO R. ALIVIA v. ELENA P. NIETO

  • G.R. No. 103301 December 8, 1995 - SERVICEWIDE SPECIALISTS INCORPORATED v. COURT OF APPEALS, ET AL.

  • G.R. No. 105720 December 8, 1995 - PEOPLE OF THE PHIL. v. FRANCISCO DELA CRUZ

  • G.R. No. 110801 December 8, 1995 - MARIKINA VALLEY DEVELOPMENT CORPORATION, ET AL. v. NAPOLEON R. FLOJO

  • G.R. Nos. 111962-72 December 8, 1995 - MAXIMINO B. GAMIDO v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-92-876 December 11, 1995 - STATE PROSECUTORS v. MANUEL T. MURO

  • G.R. Nos. 84985-86 December 11, 1995 - FOREMOST INCORPORATED v. DEPARTMENT OF LABOR AND EMPLOYMENT, ET AL.

  • G.R. No. 112206 December 11, 1995 - GONZALO D. LABUDAHON, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114001 December 11, 1995 - PEOPLE OF THE PHIL. v. ROLLY O. ALBERT

  • Adm. Matter No. RTJ-93-955 December 12, 1995 - LUCAS M. CASTAÑOS, ET AL. v. FRANCISCO H. ESCAÑO, JR.

  • G.R. No. 100643 December 12, 1995 - ADEZ REALTY, INCORPORATED v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 105619 December 12, 1995 - MARIA ROSARIO DE SANTOS v. ADORACION G. ANGELES, ET AL.

  • G.R. No. 108072 December 12, 1995 - JUAN M. HAGAD v. MERCEDES GOZODADOLE, ET AL.

  • G.R. Nos. 112438-39 & 113394 December 12, 1995 - CHEMPHIL EXPORT & IMPORT CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 117487 December 12, 1995 - PEOPLE OF THE PHIL. v. ARNEL B. ALICANDO

  • G.R. No. 118701 December 12, 1995 - PHILIPPINE EXPORT AND FOREIGN LOAN GUARANTEE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 114848 December 14, 1995 - ALEX A. FALGUERA v. CORNELIO L. LINSANGAN, ET AL.

  • G.R. No. 115156 December 14, 1995 - PEOPLE OF THE PHIL. v. GO SHIU LING, ET AL.

  • G.R. No. 93233 December 19, 1995 - JAO & COMPANY, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107756 December 19, 1995 - PAULINO BALBALEC, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 107898 December 19, 1995 - MANUEL LIM, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112592 December 19, 1995 - PRUDENTIAL BANK v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114950 December 19, 1995 - RAFAEL G. SUNTAY v. COURT OF APPEALS, ET AL.

  • G.R. No. 115067 December 19, 1995 - PEOPLE OF THE PHIL. v. JOSE GOMEZ, ET AL.

  • G.R. No. 115213 December 19, 1995 - WILSON DIU, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108142 December 26, 1995 - ARCHBUILD MASTERS AND CONSTRUCTION, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108153 December 26, 1995 - JUAN P. VILLENO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108175 December 26, 1995 - PEOPLE OF THE PHIL. v. JHONIE POLANGCO, ET AL.

  • G.R. No. 109078 December 26, 1995 - WILSON P. YU v. COURT OF APPEALS, ET AL.

  • G.R. No. 111459 December 26, 1995 - ROGELIO M. BANAWA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114343 December 28, 1995 - ANGELO CAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 116702 December 28, 1995 - MUNICIPALITY OF CANDIJAY, BOHOL v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-88-269 December 29, 1995 - OSCAR ABETO v. MANUEL GARCESA

  • G.R. No. L-59255 December 29, 1995 - OLIVIA M. NAVOA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 73077 December 29, 1995 - ESCOLASTICA MONTESCLAROS SON, ET AL. v. CARMELINO SON, ET AL.

  • G.R. No. 95770 December 29, 1995 - ROEL EBRALINAG, ET AL. v. THE DIVISION SUPERINTENDENT OF SCHOOLS OF CEBU, ET AL.

  • G.R. No. 100092 December 29, 1995 - CENTRAL AZUCARERA DE LA CARLOTA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100098 December 29, 1995 - EMERALD GARMENT MANUFACTURING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 103499 December 29, 1995 - PEOPLE OF THE PHIL. v. REY M. DENIEGA, ET AL.

  • G.R. No. 109232 December 29, 1995 - PEOPLE OF THE PHIL. v. ANG CHUN KIT

  • G.R. No. 109244 December 29, 1995 - JUAN PULIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109764 December 29, 1995 - PEOPLE OF THE PHIL. v. EDUARDO ASOY, ET AL.

  • G.R. No. 112982 December 29, 1995 - PEOPLE OF THE PHIL. v. GERUNDIO PRADO

  • G.R. No. 113212 December 29, 1995 - DEPARTMENT OF HEALTH, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 122338 December 29, 1995 - IN RE: WILFREDO SUMULONG TORRES v. DIRECTOR, BUREAU OF CORRECTIONS

  •  





     
     

    G.R. No. 100643   December 12, 1995 - ADEZ REALTY, INCORPORATED v. HONORABLE COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 100643. December 12, 1995.]

    ADEZ REALTY, INCORPORATED, Petitioner, v. HONORABLE COURT OF APPEALS, THE PRESIDING JUDGE, REGIONAL TRIAL COURT, Br. 79, Morong Rizal, THE REGISTER OF DEEDS FOR QUEZON CITY, and AGUEDO EUGENIO, Respondents.


    R E S O L U T I O N


    BELLOSILLO, J.:


    On 30 October 1992 the Court found movant, Atty. Benjamin M. Dacanay, guilty of intercalating a material fact in a decision of the Court of Appeals, which he appealed to this Court on certiorari, thereby altering the factual findings of the Court of Appeals with the apparent purpose of misleading this Court in order to obtain a favorable judgment. Consequently, Atty. Dacanay was disbarred from the practice of law. 1

    On 20 November 1992 movant filed a Motion for Reconsideration and Leave to Offer Evidence Re Charge of Unauthorized Intercalation in a Judicial Record dated 18 November 1992. He claimed that the inserted words were written by his client, the President of Adez Realty, Inc., in the draft of the petition to be filed before the Supreme Court and unwittingly adopted by movant’s secretary when the latter formalized the petition. He manifested that he would not risk committing the act for which he was found guilty considering that he was a nominee of the Judicial and Bar Council to the President for appointment as regional trial judge. 2 But the Court on 3 December 1992 denied the motion for want of a compelling reason to justify a reversal of the questioned resolution. 3

    On 23 February 1994 movant Dacanay filed a Motion to Lift (Disbarment) stating that he was already 62 years old, has learned his lesson from his mistake, was terribly sorry for what he had done, and in all candor promised that if given another chance he would live up to the exacting demands of the legal profession. He appended to his motion certifications of good moral character from: Fr. Celso Fernando, Parochial Vicar, Parish of St. Michael Archangel, Marilao, Bulacan; Fr. Lauro V. Larlar, OAR, Rector, San Sebastian College-Recoletos; Sis. Aniceta B. Abion, EMM, Chairperson, Center for Housing and Ecology Development Foundation, Inc.; Dean Rufus B. Rodriguez, College of Law, San Sebastian College-Recoletos; Judge Pedro T. Santiago, Executive Judge, RTC, Quezon City; Judge Teodoro P. Regino, RTC — Br. 84, Quezon City; Judge Antonio P. Solano, RTC — Br. 86, Quezon City; and Judge Gregorio D. Dayrit, MTC — Br. 35, Quezon City. 4 However, on 11 August 1994 the Court denied the motion. 5

    On 1 December 1994 movant again filed an Ex-Parte Motion to Lift Disbarment alleging among others that he had been deprived of his means to life; he had pursued civic, religious and community work, especially for the poor and the underprivileged short of extending legal assistance because of his incapacity; he had admitted "with profound regret and with utmost humility his commission of an unpardonable mistake and ask(ed) that he be given another chance;" and, he was "remorseful for what he has done and comes to this Honorable Court with a contrite heart." 6

    His wife Norma M. Dacanay likewise wrote the Court on 1 December 1994 saying that while she did not condone what her husband had done, it had been her fervent wish that the Court took a second look into its decision disbarring her husband as her entire family had been traumatized by his disbarment. 7

    On 6 March 1995 movant sent a letter addressed to the Chief Justice and the Associate Justices of the Court reiterating his Ex-Parte Motion to Lift Disbarment of 1 December 1994. Thus —

    I am truly penitent for the serious offense I committed and admit full responsibility for it. I realize it was dishonest and unfair to pass the blame to my secretary who was merely following my instructions. The intercalation was my own act and I am justly punished for it.

    Your Honors, I do not question your decision but I only beg for your mercy. I have a wife and children to support but my only means of livelihood has been withdrawn from me. I am destitute and desperate and can only turn to you for relief . . .

    Looking back, I cannot imagine how I could have even thought of blackening the law profession, to which I owe so much. Please let me redeem myself by admitting me back to its precincts, where I swear to live strictly according to its canons . . . 8

    On 21 March 1995 the Court noted the letter of 6 March 1995 of movant Dacanay.

    On 4 August 1995 movant again prayed for his reinstatement —

    It has been 33 long months since my disbarment, during which time I have been struggling to make both ends meet to provide for my wife and three children. Please give me the chance to prove that I am a reformed offender who will henceforth do nothing whatsoever to dishonor the legal profession. 9

    On 12 September 1995 the Court noted respondent’s 4 August 1995. 10

    On 17 November 1995 movant once more wrote the Court —

    I humbly acknowledge again that I committed a grievous offense for which I was justly punished at the time with the extreme sanction of disbarment.

    I have been suffering much since my disbarment more than 36 months ago, but it is my wife and children who have suffered more for my transgression. Although innocent, they bear with me the stigma and burden of my punishment. 11

    The disbarment of movant Benjamin M. Dacanay for three (3) years has, quite apparently, given him sufficient time and occasion to soul-search and reflect on his professional conduct, redeem himself and prove once more that he is worthy to practice law and be capable of upholding the dignity of the legal profession. His admission of guilt and repeated pleas for compassion and reinstatement show that he is ready once more to meet the exacting standards the legal profession demands from its practitioners. Accordingly, the Court lifts the disbarment of Benjamin M. Dacanay. However he should be sternly warned that —

    [T]he practice of law is a privilege burdened with conditions. Adherence to the rigid standards of mental fitness, maintenance of the highest degree of morality and faithful compliance with the rules of the legal profession are the conditions required for remaining a member of good standing of the bar and for enjoying the privilege to practice law. The Supreme Court, as guardian of the legal profession, has ultimate disciplinary power over attorneys. This authority to discipline its members is not only a right, but a bounden duty as well . . . That is why respect and fidelity to the Court is demanded of its members . . . 12

    WHEREFORE, the disbarment of BENJAMIN M. DACANAY from the practice of law is LIFTED and he is therefore allowed to resume the practice of law upon payment of the required legal fees. This resolution is effective immediately.

    SO ORDERED.

    Narvasa, C.J., Padilla, Regalado Davide, Jr., Romero, Melo, Puno, Vitug, Kapunan, Mendoza, Francisco, Hermosisima, Jr. and Panganiban, JJ., concur.

    Feliciano, J., is on leave.

    Endnotes:



    1. Rollo, pp. 101-111.

    2. Id., pp. 135-144.

    3. Id., pp. 171-172.

    4. Id., pp. 173-185.

    5. Id., pp. 186-187.

    6. Id., pp. 189-192.

    7. Id., p. 193.

    8. Id., p. 196.

    9. Id., p. 198.

    10. Id., p. 199.

    11. Id., p. 200.

    12. Zaldivar v. Sandiganbayan, G.R. Nos. 79690-707 and 80578, 7 April 1993, 221 SCRA 132.

    G.R. No. 100643   December 12, 1995 - ADEZ REALTY, INCORPORATED v. HONORABLE COURT OF APPEALS, ET AL.


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