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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
 

   
January-1995 Jurisprudence                 

  • G.R. No. 107660. January 2, 1995 : RAMON C. LOZON, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION (Second Division) and PHILIPPINE AIRLINES, INC., Respondents.

  • G.R. No. 101545 January 3, 1995 : HERMENEGILDO M. MAGSUCI vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 112019 January 4, 1995 : LEOUEL SANTOS vs. COURT OF APPEALS, ET AL.

  • G.R. No. 115147 January 4, 1995 : GEORGE I. RIVERA vs. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 117568 January 4, 1995 : ROLANDO B. ANGELES vs. DIRECTOR OF NEW BILIBID PRISON

  • G.R. Nos. 109642-43 January 5, 1995 : LESLIE W. ESPINO vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 108172-73 January 9, 1995 : PEOPLE OF THE PHIL. vs. CONRADO B. LUCAS

  • G.R. Nos. 59550 & 60636 January 11, 1995 : EDILBERTO NOEL, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 106087 January 11, 1995 : ROLITO T. GO vs. COURT OF APPEALS, ET AL.

  • G.R. Nos. 117442-43 January 11, 1995 : FEM'S ELEGANCE LODGING HOUSE, ET AL. vs. LEON P. MURILLO

  • G.R. No. 98332 January 16, 1995 : MINERS ASSOCIATION OF THE PHIL. vs. FULGENCIO S. FACTORAN, JR., ET AL.

  • G.R. No. 91283 January 17, 1995 : PEOPLE OF THE PHIL. vs. ALFREDO ALCANTARA, ET AL.

  • G.R. No. 109704 January 17, 1995 : ALFREDO B. FELIX vs. BRIGIDA BUENASEDA

  • Adm. Matter No. RTJ-93-1088 January 18, 1995 : TERESITA ARMI R. GUILLERMO vs. JOSE C. REYES, JR.

  • G.R. No. 104497 January 18, 1995 : PEOPLE OF THE PHIL. vs. ALEX RAMOS, ET AL.

  • G.R. No. 105007 January 18, 1995 : PEOPLE OF THE PHIL. vs. REYNALDO CORPUZ, ET AL.

  • G.R. No. 111222 January 18, 1995 : CITIBANK, N.A. vs. JOSE C. GATCHALIAN

  • G.R. No. 111288 January 18, 1995 : PEOPLE OF THE PHIL. vs. RENE NUESTRO, ET AL.

  • G.R. No. 112529 January 18, 1995 : PEOPLE OF THE PHIL. vs. GREGORIO CURA , ET AL.

  • G.R. No. 91492 January 19, 1995 : PEOPLE OF THE PHIL. vs. VALENTINO GAMIAO, ET AL.

  • G.R. No. 103800 January 19, 1995 : PEOPLE OF THE PHIL. vs. AUGUSTO CHING

  • G.R. No. 113517 January 19, 1995 : PEOPLE OF THE PHIL. vs. FLORESTAN D. NITCHA

  • Adm. Matter No. MTJ-94-920 January 20, 1995 : AGRIPINO S. BELEN vs. SANTIAGO E. SORIANO

  • Adm. Matter No. MTJ-94-972 January 20, 1995 : ETERIA T. TAN vs. MAMERTO Y. COLIFLORES

  • Adm. Case No. 1647 January 20, 1995 : ELENA VDA. DE ECO vs. BENJAMIN RAMIREZ

  • CBD Case No. 176 January 20, 1995 : SALLY D. BONGALONTA vs. PABLITO M. CASTILLO, ET AL.

  • G.R. Nos. 86305-06 January 20, 1995 : PEOPLE OF THE PHIL. vs. JOSE DAQUIPIL, ET AL.

  • G.R. Nos. 96943-45 January 20, 1995 : PEOPLE OF THE PHIL. vs. ALEX ABITONA

  • G.R. No. 101229 January 20, 1995 : PEOPLE OF THE PHIL. vs. REO DALIMPAPAS PAJARES, ET AL.

  • G.R. No. 104576 January 20, 1995 : MARIANO L. DEL MUNDO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 106843 January 20, 1995 : POCKETBELL PHILIPPINES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108358 January 20, 1995 : COMMISSIONER OF INTERNAL REVENUE vs. COURT OF APPEALS, ET AL.

  • G.R. No. 96073 January 23, 1995 : REPUBLIC OF THE PHIL. vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 96652 January 25, 1995 : PEOPLE OF THE PHIL. vs. NESTOR G. CASCALLA

  • G.R. No. 101302 January 25, 1995 : JAIME C. DACANAY vs. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 107152 January 25, 1995 : MANUEL M. ALLEJE vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109113 January 25, 1995 : CONCERNED OFFICIALS OF THE MWSS vs. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 109616 January 25, 1995 : PEOPLE OF THE PHIL. vs. MARTINA P. MACARIO, ET AL.

  • G.R. No. 110290 January 25, 1995 : PEOPLE OF THE PHIL. vs. JAIME "JIMMY" AGUSTIN, ET AL.

  • G.R. No. 111238 January 25, 1995 : ADELFA PROPERTIES, INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 115932 January 25, 1995 : SPS JOSE B. TIONGCO AND LETICIA M. TIONGCO vs. SEVERIANO C. AGUILA, ET AL.

  • Adm. Matter No. RTJ-94-1208 January 26, 1995 : JACINTO MAPPALA vs. CRISPULO A. NUÑEZ

  • G.R. No. 84096 January 26, 1995 : RAUL H. SESBRENO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 108592 January 26, 1995 : NILO MERCADO vs. COURT OF APPEALS

  • G.R. No. 110107 January 26, 1995 : PEOPLE OF THE PHIL. vs. DOLORES C. LORENZO

  • G.R. No. 111805 January 26, 1995 : PEOPLE OF THE PHIL. vs. ROBERTO R. CAJAMBAB

  • G.R. No. 115044 January 27, 1995 : ALFREDO S. LIM vs. FELIPE G. PACQUING

  • Adm. Matter No. RTJ-92-813 January 30, 1995 : RAMON ABAD vs. ANTONIO BELEN

  • G.R. No. L-56290 January 30, 1995 : GOVERNMENT SERVICE INSURANCE SYSTEM vs. COURT OF APPEALS, ET AL.

  • G.R. No. 99358 January 30, 1995 : DJUMANTAN vs. ANDREA D. DOMINGO, ET AL.

  • G.R. No. 111290 January 30, 1995 : PEOPLE OF THE PHIL. vs. REX TABAO

  • G.R. No. 98196 January 31, 1995 : PEOPLE OF THE PHIL. vs. ELEUTERIO ADONIS

  • G.R. No. 113458 January 31, 1995 : JOSE MARCELO, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 107660 January 2, 1995 - RAMON C. LOZON v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 101545 January 3, 1995 - HERMENEGILDO M. MAGSUCI v. SANDIGANBAYAN, ET AL.

  • G.R. No. 112019 January 4, 1995 - LEOUEL SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 115147 January 4, 1995 - GEORGE I. RIVERA v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 117568 January 4, 1995 - ROLANDO B. ANGELES v. DIRECTOR OF NEW BILIBID PRISON

  • G.R. Nos. 109642-43 January 5, 1995 - LESLIE W. ESPINO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 108172-73 January 9, 1995 - PEOPLE OF THE PHIL. v. CONRADO B. LUCAS

  • G.R. Nos. 59550 & 60636 January 11, 1995 - EDILBERTO NOEL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106087 January 11, 1995 - ROLITO T. GO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 117442-43 January 11, 1995 - FEM’S ELEGANCE LODGING HOUSE, ET AL. v. LEON P. MURILLO

  • G.R. No. 98332 January 16, 1995 - MINERS ASSOCIATION OF THE PHIL. v. FULGENCIO S. FACTORAN, JR., ET AL.

  • G.R. No. 91283 January 17, 1995 - PEOPLE OF THE PHIL. v. ALFREDO ALCANTARA, ET AL.

  • G.R. No. 109704 January 17, 1995 - ALFREDO B. FELIX v. BRIGIDA BUENASEDA

  • Adm. Matter No. RTJ-93-1088 January 18, 1995 - TERESITA ARMI R. GUILLERMO v. JOSE C. REYES, JR.

  • G.R. No. 104497 January 18, 1995 - PEOPLE OF THE PHIL. v. ALEX RAMOS, ET AL.

  • G.R. No. 105007 January 18, 1995 - PEOPLE OF THE PHIL. v. REYNALDO CORPUZ, ET AL.

  • G.R. No. 111222 January 18, 1995 - CITIBANK, N.A. v. JOSE C. GATCHALIAN

  • G.R. No. 111288 January 18, 1995 - PEOPLE OF THE PHIL. v. RENE NUESTRO, ET AL.

  • G.R. No. 112529 January 18, 1995 - PEOPLE OF THE PHIL. v. GREGORIO CURA , ET AL.

  • G.R. No. 91492 January 19, 1995 - PEOPLE OF THE PHIL. v. VALENTINO GAMIAO, ET AL.

  • G.R. No. 103800 January 19, 1995 - PEOPLE OF THE PHIL. v. AUGUSTO CHING

  • G.R. No. 113517 January 19, 1995 - PEOPLE OF THE PHIL. v. FLORESTAN D. NITCHA

  • Adm. Matter No. MTJ-94-920 January 20, 1995 - AGRIPINO S. BELEN v. SANTIAGO E. SORIANO

  • Adm. Matter No. MTJ-94-972 January 20, 1995 - ETERIA T. TAN v. MAMERTO Y. COLIFLORES

  • Adm. Case No. 1647 January 20, 1995 - ELENA VDA. DE ECO v. BENJAMIN RAMIREZ

  • CBD Case No. 176 January 20, 1995 - SALLY D. BONGALONTA v. PABLITO M. CASTILLO, ET AL.

  • G.R. Nos. 86305-06 January 20, 1995 - PEOPLE OF THE PHIL. v. JOSE DAQUIPIL, ET AL.

  • G.R. Nos. 96943-45 January 20, 1995 - PEOPLE OF THE PHIL. v. ALEX ABITONA

  • G.R. No. 101229 January 20, 1995 - PEOPLE OF THE PHIL. v. REO DALIMPAPAS PAJARES, ET AL.

  • G.R. No. 104576 January 20, 1995 - MARIANO L. DEL MUNDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106843 January 20, 1995 - POCKETBELL PHILIPPINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108358 January 20, 1995 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 96073 January 23, 1995 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96652 January 25, 1995 - PEOPLE OF THE PHIL. v. NESTOR G. CASCALLA

  • G.R. No. 101302 January 25, 1995 - JAIME C. DACANAY v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 107152 January 25, 1995 - MANUEL M. ALLEJE v. COURT OF APPEALS, ET AL.

  • G.R. No. 109113 January 25, 1995 - CONCERNED OFFICIALS OF THE MWSS v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 109616 January 25, 1995 - PEOPLE OF THE PHIL. v. MARTINA P. MACARIO, ET AL.

  • G.R. No. 110290 January 25, 1995 - PEOPLE OF THE PHIL. v. JAIME "JIMMY" AGUSTIN, ET AL.

  • G.R. No. 111238 January 25, 1995 - ADELFA PROPERTIES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115932 January 25, 1995 - SPS JOSE B. TIONGCO AND LETICIA M. TIONGCO v. SEVERIANO C. AGUILA, ET AL.

  • Adm. Matter No. RTJ-94-1208 January 26, 1995 - JACINTO MAPPALA v. CRISPULO A. NUÑEZ

  • G.R. No. 84096 January 26, 1995 - RAUL H. SESBRENO v. COURT OF APPEALS, ET AL.

  • G.R. No. 108592 January 26, 1995 - NILO MERCADO v. COURT OF APPEALS

  • G.R. No. 110107 January 26, 1995 - PEOPLE OF THE PHIL. v. DOLORES C. LORENZO

  • G.R. No. 111805 January 26, 1995 - PEOPLE OF THE PHIL. v. ROBERTO R. CAJAMBAB

  • G.R. No. 115044 January 27, 1995 - ALFREDO S. LIM v. FELIPE G. PACQUING

  • Adm. Matter No. RTJ-92-813 January 30, 1995 - RAMON ABAD v. ANTONIO BELEN

  • G.R. No. L-56290 January 30, 1995 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 99358 January 30, 1995 - DJUMANTAN v. ANDREA D. DOMINGO, ET AL.

  • G.R. No. 111290 January 30, 1995 - PEOPLE OF THE PHIL. v. REX TABAO

  • G.R. No. 98196 January 31, 1995 - PEOPLE OF THE PHIL. v. ELEUTERIO ADONIS

  • G.R. No. 113458 January 31, 1995 - JOSE MARCELO, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  •  





     
     

    Adm. Matter No. MTJ-94-972   January 20, 1995 - ETERIA T. TAN v. MAMERTO Y. COLIFLORES

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [Adm. Matter No. MTJ-94-972. January 20, 1995.]

    ETERIA T. TAN, Complainant, v. JUDGE MAMERTO Y. COLIFLORES and BRANCH CLERK OF COURT JOSE A. LEGASPI, both of MTCC, Branch I, Cebu City, Respondent.


    SYLLABUS


    1. REMEDIAL LAW; ACTIONS; APPEAL; FIVE DAY PERIOD WITHIN WHICH TO TRANSMIT COMPLETE RECORD OF CASE TO APPROPRIATE APPELLATE COURT. — Rule 122, S 8 provides that the clerk or judge of the court with whom the notice of appeal has been filed must, within five (5) days after filing of the notice, transmit to the clerk of court to which the appeal is taken, the complete record in the case together with the notice of appeal.

    2. JUDICIAL ETHICS; JUDGES; NOT ADMINISTRATIVELY LIABLE FOR THE YEAR-LONG DELAY IN THE TRANSMISSION OF THE RECORDS; REASON. — As far as Judge Coliflores is concerned, we find him not liable for the year-long delay in the transmission of the records. While he has supervision of respondent Legaspi, respondent Judge cannot be expected to constantly check on the latter’s performance of his duties since respondent Legaspi is presumed to be a responsible employee. To the contrary, respondent Judge had a right to expect that the Branch Clerk of Court would enforce his order.

    3. CONSTITUTIONAL LAW; SUPREME COURT; ADMINISTRATIVE SUPERVISION OVER COURT PERSONNEL; BRANCH CLERK OF COURT; ONE YEAR DELAY IN TRANSMITTING CASE TO APPROPRIATE APPELLATE COURT CONSTITUTES NEGLIGENCE IN THE PERFORMANCE OF OFFICIAL FUNCTIONS; CASE AT BAR. — We do not find respondent Legaspi’s explanation for the delay to be persuasive. As the Branch Clerk of Court, he is responsible for seeing to it that the records of appealed cases are properly sent to the appropriate appellate court without delay. He has shown in this case want of diligence for which he should be held administratively liable. He has failed to set an example of official integrity, responsibility and efficiency for others, especially those in his staff. Respondent Legaspi deserves more than a stern reprimand. WHEREFORE, in accordance with the recommendation of the Office of the Court Administrator, the Court RESOLVED: to IMPOSE on respondent Branch Clerk of Court Jose A. Legaspi a fine equivalent to his salary for three (3) months for negligence in the performance of his official functions.


    R E S O L U T I O N


    MENDOZA, J.:


    In a letter-complaint dated April 4, 1994, Eteria T. Tan charged respondent Judge and Branch Clerk of Court of the Metropolitan Trial Court in the Cities (Branch I), in Cebu City, of "obviously intentional deferment and delaying tactics" in the transmission to the Regional Trial Court of the original records of Criminal Case No. 10781-R (People v. Alfonso Tan, Et. Al.) for concubinage which she had filed against her husband, Alfonso Uy Tan, and the latter’s supposed paramour, Audita Laurente.

    Complaint alleged that the order of February 17, 1993 of respondent Judge, directing transmission of the records of the case to the RTC, was carried out by the Clerk Court, Jose Legaspi, only on March 10, 1994 1 and that "this branch [of the MTCC of Cebu City] has been inefficient for a long time in the discharge of their duties due to corrupt practices." chanroblesvirtuallawlibrary

    In his comment, respondent Judge alleged that after he had issued the February 17, 1993 order giving due course to the appeal, he reminded respondent Legaspi "of his bounden ministerial duty to transmit the record to the RTC on appeal [and that he was] of the belief that the order had already been complied with." On the other hand, respondent Legaspi denied being friend of, or having received bribe from, complaint’s husband (accused in the case). He blamed the delay in the forwarding of the three records to the RTC to (a) the fact that Alfonso tan’s co-accused, Audita Laurente, had not been arrested; (b) the mix-up of the transcript of stenographic notes in the case with the records of other cases as a result of an inventory of cases he had conducted; and (c) a fire inside the Judge’s chambers.

    Rule 122, 8 provides that the clerk or judge of the court with whom the notice of appeal has been filed must, within five (5) days after filing of the notice, transmit to the clerk of court to which the appeal is taken, the complete record in the case together with the notice of appeal.chanroblesvirtuallawlibrary

    As far as Judge Coliflores is concerned, we find him not liable for the year-long delay in the transmission of the records. While he has supervision of respondent Legaspi, respondent Judge cannot be expected to constantly check on the latter’s performance of his duties since respondent Legaspi is presumed to be a responsible employee. To the contrary, respondent Judge had a right to expect that the Branch Clerk of Court would enforce his order.

    We do not find respondent Legaspi’s explanation for the delay to be persuasive. As the Branch Clerk of Court, he is responsible for seeing to it that the records of appealed cases are properly sent to the appropriate appellate court without delay. He has shown in this case want of diligence for which he should be held administratively liable. 2 He has failed to set an example of official integrity, responsibility and efficiency for others, especially those in his staff. Respondent Legaspi deserves more than a stern reprimand. 3

    WHEREFORE, in accordance with the recommendation of the Office of the Court Administrator, the Court RESOLVED: (a) to DISMISS the charges against Judge Mamerto Y. Coliflores for lack of merit; and (b) to IMPOSE on respondent Branch Clerk of Court Jose A. Legaspi a fine equivalent to his salary for three (3) months for negligence in the performance of his official functions.

    SO ORDERED.

    Narvasa, C.J., Regalado and Puno, JJ., concur.

    Endnotes:



    1. Respondent Legaspi alleges that he forwarded the records on March 7, 1994.

    2. Jumalon v. Montes, 113 SCRA 103 (1982).

    3. Paa v. Remigio, 88 SCRA 595 (1979).

    Adm. Matter No. MTJ-94-972   January 20, 1995 - ETERIA T. TAN v. MAMERTO Y. COLIFLORES


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