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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. RTJ-92-813   January 30, 1995 - RAMON ABAD v. ANTONIO BELEN

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [Adm. Matter No. RTJ-92-813. January 30, 1995.]

    RAMON ABAD, Complainant, v. JUDGE ANTONIO BELEN, Respondent.


    SYLLABUS


    1. JUDICIAL ETHICS; JUDGES; COLLUSION TO DELIBERATELY DELAY DISPOSITION OF CASE; INADEQUATE EVIDENCE TO SUPPORT CHARGE; CASE AT BENCH. — The charge of collusion to deliberately delay the disposition of S.P. No. 2648 cannot be sustained. Mere suspicion that a Judge was partial to a party is not enough; there should be evidence, adequate evidence, to prove the charge.

    2. ID.; ID.; FAILURE TO RENDER A DECISION WITHIN 90 DAYS FROM SUBMISSION OF CASE; CASE AT BENCH. — Respondent failed to discharge his duty to personally take note of and render a decision in S.P. No. 2648 within ninety days from submission of the case for decision. That he forgot about the case because of his heavy work load and advanced age is not an adequate defense against respondent’s act of submitting false certificates of service; that circumstance may, however, be taken into account to mitigate his administrative responsibility. The Court observes that the respondent Judge had shown candor and contriteness and that no issue of integrity had been legitimately raised against him. Accordingly, having regard to the particular circumstances of this case, respondent Judge Antonio D. Belen is hereby fined the amount of One Thousand (P1,000.00) Pesos, deductible from his accumulated leave credits, for inadvertently delaying the disposition of S.P. No. 2648. The respondent is warned that a repetition of the same or similar act’(s) will be dealt with more severely.


    R E S O L U T I O N


    FELICIANO, J.:


    In a letter-complaint to the Court Administrator dated 12 December 1991, complainant Atty. Abad charged respondent Judge Antonio D. Belen of Branch 38, Regional Trial Court of Lingayen, Pangasinan with gross dereliction of duty, arising from the latter’s failure to render a decision of duty, arising from the latter’s failure to render a decision disposing of Special Proceeding No. 2648 entitled "Intestate Estate of Deceased Lino Abad Pine," a case instituted in 1945 and which was submitted for decision in 1984.

    In a resolution dated 23 July 1992, the Court referred the case to the Office of the Court Administrator for evaluation, report and recommendation.

    The Court Administrator’s report was duly submitted on 7 September 1992. After deliberating thereon, the Court resolved on 12 November 1992 to refer this case to the Court of Appeals and designated Associate Justice Eduardo G. Montenegro to conduct an investigation and prepare a report and recommendation to the Supreme Court regarding the case.chanroblesvirtuallawlibrary

    Upon receipt of the record, Montenegro, J. set the case for preliminary conference on 25 January 1993. On that date, complainant failed to appear despite due notice, while respondent judge appeared with his counsel. Respondent was required, within twenty-five (25) days, to submit his evidence in affidavit form, attaching thereto all documents needed for his defense, and to furnish complainant copies of these papers. Complainant in turn was subsequently required, within fifteen days from receipt of respondent’s papers, to file a reply thereto. Montenegro, J. Likewise re-set the case for hearing from 28 January 1993 to 17 march 1993.chanrobles law library

    Respondent duly filed his affidavit and supporting papers on 19 February 1993 while complainant filed his reply and comment thereon on 17 March 1993. Montenegro, J. also conducted a hearing on the same day (17 March 1993), during which respondent, with the assistance of counsel, was cross-examined by complainant on the contents of his affidavit.chanroblesvirtuallawlibrary

    Thereafter, the Investigating Justice duly submitted to the Court his report and recommendations dated 12 April 1993.

    The facts established by the report indicate that respondent judge was charged with having colluded with one Judge Aurora Gayapa, a party-opponent of complainant in S.P. No. 2648, in delaying the disposition of the case for a period of almost seven (7) years, from the time it was submitted for decision before respondent judge in 1984, until the time respondent actually rendered a decision on the case on 16 December 1991.

    The investigating Justice, however, found that the charge of collusion was not substantiated by the complainant’s evidence. What the evidence did show was that respondent admitted in his affidavit that he failed to render a decision in S.P. No. 2648 for a period of almost seven (7) years, well beyond the ninety-day period prescribed by law, because he "completely forgot about the case. It was an administrative lapse, although a serious one." chanroblesvirtuallawlibrary

    One offshoot of this lapse was that respondent came to submit what turned out to be false certificates of service indicating he had no cases pending decision.

    The Report of the Investigating Justice appreciated five (5) circumstances which would mitigate respondent’s liability: 1.) this was first administrative case instituted against him after twenty-five (25) years of government service, nineteen of which were spent in the judiciary; 2.) his performance as a presiding judge is at par with his co-judges, in fact he has the lowest number of pending cases (102) among the three branches of the Regional Trial Court at Lingayen, Pangasinan; 3.) from December 1988 up to November 1990, he had to preside over two branches (Branches 38 and 39) and at one time likewise over Branch 37; 4.) he is now sixty-six (66) years of age, suffering from a heart ailment, "likely to commit lapses and errors;" and 5.) respondent undertook to be more diligent in the performance of his duties and ‘promises that no repetition of the same offense will be committed by him.’chanroblesvirtuallawlibrary

    The Investigating Justice recommended that respondent judge be fined an amount of P30,000.00, or in the alternative, be allowed to retire early with full benefits and privileges.chanrobles.com : virtual law library

    The Court hereby adopts the findings in the Report of Montenegro, J. being supported by substantial evidence, tending to show that respondent failed to render a decision in S.P. No. 2648 within the prescribed period and that respondent inadvertently submitted false certifications of service indicating he had no cases pending decision.

    The charge of collusion to deliberately delay the disposition of S.P. No. 2648 cannot be sustained. Mere suspicion that a Judge was partial to a party is not enough; there should be evidence, adequate evidence, to prove the charge. 1

    However, respondent failed to discharge his duty to personally take note of and render a decision in S.P. No. 2648 within ninety days from submission of the case for decision. That he forgot about the case because of his heavy work load and advanced age is not an adequate defense against respondent’s act of submitting false certificates of service; that circumstance may, however, be taken into account to mitigate his administrative responsibility. 2

    The Court observes that the respondent Judge had shown candor and contriteness and that no issue of integrity had been legitimately raised against him.chanroblesvirtuallawlibrary

    ACCORDINGLY, having regard to the particular circumstances of this case, respondent Judge Antonio D. Belen is hereby FINED the amount of One Thousand (P1,000.00) Pesos, deductible from his accumulated leave credits, for inadvertently delaying the disposition of S.P. No. 2648. The respondent is warned that a repetition of the same or similar act’(s) will be dealt with more severely.

    Narvasa, C.J., Padilla, Bidin, Regalado, Davide, Jr., Romero, Bellosillo, Melo, Quiason, Puno, Vitug, Kapunan, Mendoza and Francisco, JJ., concur.

    Endnotes:



    1. Beltran v. Garcia, 41 SCRA 159, 175 (1971), reiterated in People v. Serrano, 203 SCRA 171, 187 (1991).

    2. Adriano v. Sto. Domingo, 202 SCRA 446, 448-449 (1991); Soyangco v. Maglalang, 196 SCRA 5, 8-9 (1991); Diputado-Baguio v. Torres, 221 SCRA 1, 3-4 (1992).

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


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