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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
 

   
February-1995 Jurisprudence                 

  • G.R. No. 90628 February 1, 1995 : PEOPLE OF THE PHIL. vs. JOSE A. RAYRAY

  • G.R. No. 97949 February 1, 1995 : PEOPLE OF THE PHIL. vs. ARMANDO P. GIRENG

  • G.R. No. 99375 February 1, 1995 : GLICERIO MANGOMA vs. COURT OF APPEALS, ET AL.

  • G.R. No. 105776 February 1, 1995 : ROMEO G. JALOSJOS vs. COMMISSION ON ELECTIONS

  • G.R. No. 105992 February 1, 1995 : PEOPLE OF THE PHIL. vs. ROLANDO CABRERA, ET AL.

  • G.R. No. 106161 February 1, 1995 : ILOCOS SUR ELECTRIC COOPERATIVE, INC., ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 110088 February 1, 1995 : MERLE A. ALONZO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 110116 February 1, 1995 : PEOPLE OF THE PHIL. vs. NICK A. NICOLAS, ET AL.

  • G.R. No. 111187 February 1, 1995 : R. TRANSPORT CORPORATION vs. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-94-1183 February 6, 1995 : CONCERNED CITIZENS vs. ARMIE E. ELMA

  • G.R. No. 97969 February 6, 1995 : PEOPLE OF THE PHIL. vs. GUILLERMO PANGANIBAN, ET AL.

  • G.R. No. 100133 February 6, 1995 : EDGARDO C. MORALES, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 104891 February 6, 1995 : PEOPLE OF THE PHIL. vs. RONNIE MALLARI, ET AL.

  • G.R. No. 113591 February 6, 1995 : AGUIDO LACSON, JR., ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 114427 February 6, 1995 : ARMANDO GEAGONIA vs. COURT OF APPEALS, ET AL.

  • G.R. No. 99346 February 7, 1995 : CASA FILIPINA REALTY CORPORATION vs. OFFICE OF THE PRESIDENT, ET AL.

  • G.R. No. 109832 February 7, 1995 : FERNANDO FAROLAN vs. COURT OF APPEALS, ET AL.

  • G.R. No. 116206 February 7, 1995 : JOSE M. BULAONG vs. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 112573 February 9, 1995 : NORTHWEST ORIENT AIRLINES, INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 113547 February 9, 1995 : PEOPLE OF THE PHIL. vs. ANITA L. BAUTISTA

  • Adm. Matter No. MTJ-92-6-251 : February 13, 1995 : EMERITO M. AGCAOILI vs. JOSE O. RAMOS

  • Adm. Matter No. 94-12-111-MeTC February 13, 1995 : AUDIT REPORTS OF ATTY. GENER C. ENDONA

  • Adm. Matter No. P-92-684 February 13, 1995 : OFFICE OF THE COURT ADMINISTRATOR vs. MAMINTING A. MALLI

  • Adm. Matter No. P-94-1068 February 13, 1995 : VICTOR ELIPE vs. HONESTO FABRE

  • G.R. No. 100635 February 13, 1995 : SPS. RAMON AND ERLINDA TARNATE vs. COURT OF APPEALS, ET AL.

  • G.R. No. 100665 February 13, 1995 : ZANOTTE SHOES, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 104994 February 13, 1995 : PEOPLE OF THE PHIL. vs. WILFREDO MORALES

  • G.R. No. 105834 February 13, 1995 : PEOPLE OF THE PHIL. vs. JEAN B. BALINGAN

  • G.R. No. 110836 February 13, 1995 : PEOPLE OF THE PHIL. vs. NICASIO V. CASIL

  • G.R. No. 110854 February 13, 1995 : PIER 8 ARRASTRE & STEVEDORING SERVICES, INC. vs. MA. NIEVES ROLDAN-CONFESOR, ET AL.

  • G.R. No. 112027 February 13, 1995 : PEOPLE OF THE PHIL. vs. PABLO B. BALSACAO

  • G.R. No. L-112513 February 14, 1995 : EDGAR R. DEL CASTILLO vs. CIVIL SERVICE COMMISSION, ET AL.

  • Adm. Matter No. MTJ-93-858 February 15, 1995

    OFFICE OF THE COURT ADMINISTRATOR vs. PEDRO ANTONIO

  • G.R. No. L-41968 February 15, 1995 : DIRECTOR OF LANDS, ET AL. vs. DELIA P. MEDINA, ET AL.

  • G.R. No. L-45835 February 15, 1995 : ALFREDO BITALAC vs. COURT OF APPEALS, ET AL.

  • G.R. Nos. 75257-58 February 15, 1995 : POTENCIANA CALAHAT, ET AL. vs. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 98277 February 15, 1995 : COCOFED, ET AL. vs. CRESENCIANO B. TRAJANO, ET AL.

  • G.R. No. 106783 February 15, 1995 : PEOPLE OF THE PHIL. vs. MODESTO R. DE ROXAS, ET AL.

  • G.R. No. 110068 February 15, 1995 : PHILIPPINE DUPLICATORS, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114145 February 15, 1995 : LEE ENG HONG, ET AL. vs. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 93-7-696-0 February 21, 1995

    IN RE JOAQUIN T. BORROMEO

  • Adm. Matter No. MTJ-93-741 February 21, 1995 : TEOTIMO GIL vs. EUFRONIO SON

  • Adm. Matter No. MTJ-94-985 February 21, 1995 : APOLINARIO MUÑEZ vs. CIRIACO ARIÑO

  • G.R. No. 94374 February 21, 1995 : PLDT COMPANY vs. NATIONAL TELECOMMUNICATIONS COMMISSION

  • G.R. No. 107590 February 21, 1995 : PAMANTASAN NG LUNGSOD NG MAYNILA vs. CIVIL SERVICE COMMISSION

  • G.R. No. 109032 February 21, 1995 : DENNIS DEL ROSARIO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109662 February 21, 1995 : PEOPLE OF THE PHIL. vs. RIZALDY GUAMOS

  • G.R. No. 112099 February 21, 1995 : ACHILLES C. BERCES, SR. vs. TEOFISTO T. GUINGONA, JR.

  • G.R. No. 112285 February 21, 1995 : LOIDA ACAB, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 113890 February 22, 1995 : SPS. GIL AND ELMA DEL ROSARIO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 114032 February 22, 1995 : PEOPLE OF THE PHIL. vs. IGNACIO CAMAHALAN, ET AL.

  • G.R. No. 117078 February 22, 1995 : ALFREDO G. LAMEN, ET AL. vs. DIR., BUREAU OF CORRECTIONS

  • Adm. Matter No. MTJ-94-922 February 23, 1995 : MIGUEL A. ARVISU vs. AUGUSTO O. SUMILANG

  • G.R. No. 82631 February 23, 1995 : SOUTHEAST ASIAN FISHERIES DEV'T. CENTER vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 85667 February 23, 1995 : ILUMINADO ILUMIN vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 92432 February 23, 1995 : ALDORA LARKINS vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 94986 February 23, 1995 : HATIMA C. YASIN vs. SHARI'A DISTRICT COURT

  • G.R. No. 101683 February 23, 1995 : LBC AIR CARGO, INC., ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 103975 February 23, 1995 : PEOPLE OF THE PHIL. vs. RICHARD ZERVOULAKOS

  • G.R. No. 105710 February 23, 1995 : JAG & HAGGAR JEANS AND SPORTSWEAR CORP. vs. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 106108 February 23, 1995 : CABALAN PASTULAN NEGRITO LABOR ASSO., ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 107303 February 23, 1995 : EMMANUEL C. OÑATE, ET AL. vs. ZEUS C. ABROGAR

  • G.R. No. 108164 February 23, 1995 : FAR EAST BANK AND TRUST CO. vs. COURT OF APPEALS, ET AL.

  • G.R. Nos. 109095-109107 February 23, 1995 : ELPEDIO LASCO, ET AL. vs. UNITED NATIONS REVOLVING FUND FOR NATURAL RESOURCES EXPLORATION

  • G.R. No. 112243 February 23, 1995 : SECRETARY OF HEALTH, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. Nos. 113779-80 February 23, 1995 : ALVIN TUASON vs. COURT OF APPEALS, ET AL.

  • G.R. No. 101794 February 24, 1995 : PEOPLE OF THE PHIL. vs. ELISEO MORIN

  • G.R. Nos. 110991-92 February 24, 1995 : PEOPLE OF THE PHIL. vs. MELCHOR DELA IGLESIA

  • G.R. No. 90628 February 1, 1995 - PEOPLE OF THE PHIL. v. JOSE A. RAYRAY

  • G.R. No. 97949 February 1, 1995 - PEOPLE OF THE PHIL. v. ARMANDO P. GIRENG

  • G.R. No. 99375 February 1, 1995 - GLICERIO MANGOMA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105776 February 1, 1995 - ROMEO G. JALOSJOS v. COMMISSION ON ELECTIONS

  • G.R. No. 105992 February 1, 1995 - PEOPLE OF THE PHIL. v. ROLANDO CABRERA, ET AL.

  • G.R. No. 106161 February 1, 1995 - ILOCOS SUR ELECTRIC COOPERATIVE, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 110088 February 1, 1995 - MERLE A. ALONZO v. COURT OF APPEALS, ET AL.

  • G.R. No. 110116 February 1, 1995 - PEOPLE OF THE PHIL. v. NICK A. NICOLAS, ET AL.

  • G.R. No. 111187 February 1, 1995 - R. TRANSPORT CORPORATION v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-94-1183 February 6, 1995 - CONCERNED CITIZENS v. ARMIE E. ELMA

  • G.R. No. 97969 February 6, 1995 - PEOPLE OF THE PHIL. v. GUILLERMO PANGANIBAN, ET AL.

  • G.R. No. 100133 February 6, 1995 - EDGARDO C. MORALES, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 104891 February 6, 1995 - PEOPLE OF THE PHIL. v. RONNIE MALLARI, ET AL.

  • G.R. No. 113591 February 6, 1995 - AGUIDO LACSON, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114427 February 6, 1995 - ARMANDO GEAGONIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 99346 February 7, 1995 - CASA FILIPINA REALTY CORPORATION v. OFFICE OF THE PRESIDENT, ET AL.

  • G.R. No. 109832 February 7, 1995 - FERNANDO FAROLAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 116206 February 7, 1995 - JOSE M. BULAONG v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 112573 February 9, 1995 - NORTHWEST ORIENT AIRLINES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113547 February 9, 1995 - PEOPLE OF THE PHIL. v. ANITA L. BAUTISTA

  • Adm. Matter No. MTJ-92-6-251 February 13, 1995 - EMERITO M. AGCAOILI v. JOSE O. RAMOS

  • Adm. Matter No. 94-12-111-MeTC February 13, 1995 - AUDIT REPORTS OF ATTY. GENER C. ENDONA

  • Adm. Matter No. P-92-684 February 13, 1995 - OFFICE OF THE COURT ADMINISTRATOR v. MAMINTING A. MALLI

  • Adm. Matter No. P-94-1068 February 13, 1995 - VICTOR ELIPE v. HONESTO FABRE

  • G.R. No. 100635 February 13, 1995 - SPS. RAMON AND ERLINDA TARNATE v. COURT OF APPEALS, ET AL.

  • G.R. No. 100665 February 13, 1995 - ZANOTTE SHOES, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 104994 February 13, 1995 - PEOPLE OF THE PHIL. v. WILFREDO MORALES

  • G.R. No. 105834 February 13, 1995 - PEOPLE OF THE PHIL. v. JEAN B. BALINGAN

  • G.R. No. 110836 February 13, 1995 - PEOPLE OF THE PHIL. v. NICASIO V. CASIL

  • G.R. No. 110854 February 13, 1995 - PIER 8 ARRASTRE & STEVEDORING SERVICES, INC. v. MA. NIEVES ROLDAN-CONFESOR, ET AL.

  • G.R. No. 112027 February 13, 1995 - PEOPLE OF THE PHIL. v. PABLO B. BALSACAO

  • G.R. No. L-112513 February 14, 1995 - EDGAR R. DEL CASTILLO v. CIVIL SERVICE COMMISSION, ET AL.

  • Adm. Matter No. MTJ-93-858 February 15, 1995 - OFFICE OF THE COURT ADMINISTRATOR v. PEDRO ANTONIO

  • G.R. No. L-41968 February 15, 1995 - DIRECTOR OF LANDS, ET AL. v. DELIA P. MEDINA, ET AL.

  • G.R. No. L-45835 February 15, 1995 - ALFREDO BITALAC v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 75257-58 February 15, 1995 - POTENCIANA CALAHAT, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 98277 February 15, 1995 - COCOFED, ET AL. v. CRESENCIANO B. TRAJANO, ET AL.

  • G.R. No. 106783 February 15, 1995 - PEOPLE OF THE PHIL. v. MODESTO R. DE ROXAS, ET AL.

  • G.R. No. 110068 February 15, 1995 - PHILIPPINE DUPLICATORS, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114145 February 15, 1995 - LEE ENG HONG, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 93-7-696-0 February 21, 1995 - IN RE JOAQUIN T. BORROMEO

  • Adm. Matter No. MTJ-93-741 February 21, 1995 - TEOTIMO GIL v. EUFRONIO SON

  • Adm. Matter No. MTJ-94-985 February 21, 1995 - APOLINARIO MUÑEZ v. CIRIACO ARIÑO

  • G.R. No. 94374 February 21, 1995 - PLDT COMPANY v. NATIONAL TELECOMMUNICATIONS COMMISSION

  • G.R. No. 107590 February 21, 1995 - PAMANTASAN NG LUNGSOD NG MAYNILA v. CIVIL SERVICE COMMISSION

  • G.R. No. 109032 February 21, 1995 - DENNIS DEL ROSARIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 109662 February 21, 1995 - PEOPLE OF THE PHIL. v. RIZALDY GUAMOS

  • G.R. No. 112099 February 21, 1995 - ACHILLES C. BERCES, SR. v. TEOFISTO T. GUINGONA, JR.

  • G.R. No. 112285 February 21, 1995 - LOIDA ACAB, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113890 February 22, 1995 - SPS. GIL AND ELMA DEL ROSARIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 114032 February 22, 1995 - PEOPLE OF THE PHIL. v. IGNACIO CAMAHALAN, ET AL.

  • G.R. No. 117078 February 22, 1995 - ALFREDO G. LAMEN, ET AL. v. DIR., BUREAU OF CORRECTIONS

  • Adm. Matter No. MTJ-94-922 February 23, 1995 - MIGUEL A. ARVISU v. AUGUSTO O. SUMILANG

  • G.R. No. 82631 February 23, 1995 - SOUTHEAST ASIAN FISHERIES DEV’T. CENTER v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 85667 February 23, 1995 - ILUMINADO ILUMIN v. SANDIGANBAYAN, ET AL.

  • G.R. No. 92432 February 23, 1995 - ALDORA LARKINS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 94986 February 23, 1995 - HATIMA C. YASIN v. SHARI’A DISTRICT COURT

  • G.R. No. 101683 February 23, 1995 - LBC AIR CARGO, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 103975 February 23, 1995 - PEOPLE OF THE PHIL. v. RICHARD ZERVOULAKOS

  • G.R. No. 105710 February 23, 1995 - JAG & HAGGAR JEANS AND SPORTSWEAR CORP. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 106108 February 23, 1995 - CABALAN PASTULAN NEGRITO LABOR ASSO., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 107303 February 23, 1995 - EMMANUEL C. OÑATE, ET AL. v. ZEUS C. ABROGAR

  • G.R. No. 108164 February 23, 1995 - FAR EAST BANK AND TRUST CO. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 109095-109107 February 23, 1995 - ELPEDIO LASCO, ET AL. v. UNITED NATIONS REVOLVING FUND FOR NATURAL RESOURCES EXPLORATION

  • G.R. No. 112243 February 23, 1995 - SECRETARY OF HEALTH, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 113779-80 February 23, 1995 - ALVIN TUASON v. COURT OF APPEALS, ET AL.

  • G.R. No. 101794 February 24, 1995 - PEOPLE OF THE PHIL. v. ELISEO MORIN

  • G.R. Nos. 110991-92 February 24, 1995 - PEOPLE OF THE PHIL. v. MELCHOR DELA IGLESIA

  •  





     
     

    Adm. Matter No. MTJ-94-922   February 23, 1995 : MIGUEL A. ARVISU vs. AUGUSTO O. SUMILANG

     
    SECOND DIVISION


    [Adm. Matter No. MTJ-94-922. February 23, 1995.]


    MIGUEL A. ARVISU, Complainant, v. JUDGE AUGUSTO O. SUMILANG, Respondent.


    D E C I S I O N


    PUNO, J.:


    Administrative complaint against respondent Judge Augusto O. Sumilang for failure to act on the motion to dismiss in Civil Case No. 866. entitled "Zenaida Alava-Levy vs. Gil Ramos and Prumencio Dator."

    It appears that complainant Miguel A. Arvisu, attorney-in-fact of plaintiff Zenaida Alava-Levy filed Civil Case No. 866, a complaint for damages against Gil Ramos, et al. The complaint fell in the sala of the Municipal Trial Court of Pila, Laguna presided by respondent Judge. On 1 February 1993, defendants in said case filed an answer with motion to dismiss the complaint. Allegedly, the case involved a tenancy dispute, hence, the Municipal Trial Court had no jurisdiction over the complaint. Complainant opposed the motion. On 15 April 1993 respondent Judge issued an order stating that the "motion to dismiss as well as the opposition to the motion is deemed submitted for resolution of the court." On 16 June 1993, complainant filed an Ex-parte Motion to Resolve the motion to dismiss. On 20 August 1993, complaint filed a Manifestation and Second Ex-Parte Motion to Resolve said motion to dismiss. On 15 December 1993, complainant filed a Third Ex-Parte motion to Resolve. Complainant contends that despite the filing of the three (3) Ex-Parte motions to Resolve the motion to dismiss, no action has been taken by respondent Judge to resolve the same, hence this administrative complaint.

    Respondent Judge claims that the delay in the resolution of the motion to dismiss was brought about by the failure of his staff to present to him the Ex-Parte Motions to Resolve. Allegedly, his clerk of court was newly-appointed and that the motions were overlooked.

    The Complaint is impressed with merit.

    Respondent Judge cannot attribute the delay in the resolution of the motion to dismiss to his staff. Respondent Judge is aware of the motion to dismiss and the opposition thereto. On 15 April 1993, respondent Judge issued an Order stating that the motion to dismiss as well as the opposition thereto is deemed submitted for resolution. It is his obligation to diligently discharge administrative responsibilities and maintain professional competence in the court management. It is also his duty to organize and supervise the court personnel to ensure the prompt and efficient dispatch of business, and require at all times the observance of high standards of public service and fidelity (Rules 3.08 and 3.09, Code of Judicial Conduct). In Nidua vs. Lazaro, 174 SCRA 581 (1989), We had the occasion to stress:nadchanroblesvirtualawlibrary

    "We find merit in Complainant's charge that there was unreasonable delay in the administration of justice and neglect of duty on the part of respondent Judge. A Judge ought to know the cases submitted to him for decision, particularly those pending for more than ninety (90) days, considering the Certificate of Service that he is mandated to render every month. He is expected to keep his own record of cases submitted for decision so that he could act on them promptly and without delay. It is incumbent upon him to devise and efficient recording and filing system in his Court so that no disorderliness can affect the flow of cases and their speedy disposition particularly those submitted for decision. A Judge cannot take refuge behind the inefficiency or mismanagement by Court Personnel. Proper and efficient Court management is as much his responsibility. He is the one directly responsible for the proper discharge of his official functions. Court personnel are not the guardians of a Judge's responsibilities."

    IN VIEW WHEREOF, We find respondent Judge Augusto O. Sumilang guilty of gross negligence and he is hereby ordered to pay a fine of P3,000.00.

    SO ORDERED.

    Narvasa, C.J., Bidin, Regalado and Mendoza, JJ., concur.


    Adm. Matter No. MTJ-94-922   February 23, 1995 : MIGUEL A. ARVISU vs. AUGUSTO O. SUMILANG


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