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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
 

   
October-1995 Jurisprudence                 

  • Adm. Case No. 3745 October 2, 1995 - CYNTHIA B. ROSACIA v. BENJAMIN B. BULALACAO

  • G.R. No. 94702 October 2, 1995 - PEOPLE OF THE PHIL. v. CARLITO ACUÑA, ET AL.

  • G.R. No. 97143 October 2, 1995 - PEOPLE OF THE PHIL. v. ARTURO FIGUEROA

  • Adm. Matter No. RTJ-95-1325 October 4, 1995 - PABLO ESPAÑOLA v. VINCENT EDEN C. PANAY

  • G.R. No. 102672 October 4, 1995 - PANAY ELECTRIC COMPANY, INC. v. NLRC, ET AL.

  • G.R. No. 118533 October 4, 1995 - PABLO R OLIVAREZ v. SANDIGANBAYAN

  • Adm. Case No. 4405 October 6, 1995 - BIENVENIDO SANCHEZ v. GALILEO P. BRION

  • Adm. Matter No. P-93-972 October 6, 1995 - OFFICE OF THE COURT ADMINISTRATOR v. MA. GORGONIA L. FLORES

  • Adm. Matter No. P-94-1006 October 6, 1995 - LERMA CHUA MARTINEZ v. ALDO MUÑOZ

  • G.R. No. 76490 October 6, 1995 - ISAGANI SABINIANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 104604 & 111223 October 6, 1995 - NARCISO O. JAO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110634 October 6, 1995 - RUFINO O. ESLAO v. COMMISSION ON AUDIT

  • G.R. Nos. 111206-08 October 6, 1995 - PEOPLE OF THE PHIL. v. CLAUDIO TEEHANKEE, JR.

  • G.R. No. 116183 October 6, 1995 - RICARDO T. GLORIA v. SALVADOR P. DE GUZMAN, JR.

  • G.R. No. 117092 October 6, 1995 - PEOPLE OF THE PHIL. v. MARIO C. LAO

  • G.R. Nos. 118712 & 118745 October 6, 1995 - LAND BANK OF THE PHILIPPINES v. COURT OF APPEALS

  • G.R. No. 120319 October 6, 1995 - LUZON DEVELOPMENT BANK v. ASS’N. OF LUZON DEV’T. BANK EMPLOYEES, ET AL.

  • Adm. Matter No. RTJ-93-1033 October 10, 1995 - MARIBETH CORDOVA, ET AL. v. EMMA C. LABAYEN

  • G.R. No. 117732 October 10, 1995 - PEOPLE OF THE PHIL. v. JESUS C. SALILING

  • G.R. No. 93915 October 11, 1995 - AUGUSTO EVANGELISTA v. NLRC

  • G.R. No. 99049 October 11, 1995 - PEOPLE OF THE PHIL. v. ROGELIO A. BARQUILLA

  • G.R. No. 117009 October 11, 1995 - SECURITY BANK & TRUST COMPANY, ET AL., v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118013-14 October 11, 1995 - PEOPLE OF THE PHIL. v. DEMOSTHENES L. MAGALLANES, ET AL.

  • G.R. No. 99263 October 12, 1995 - PEOPLE OF THE PHILIPPINES v. PACIFICO R. LAZARO

  • G.R. Nos. 119987-88 October 12, 1995 - PEOPLE OF THE PHIL. v. LORENZO B. VENERACION

  • Adm. Case No. 4380 October 13, 1995 - NICANOR GONZALES, ET AL., v. MIGUEL SABACAJAN

  • G.R. No. 103911 October 13, 1995 - EDGARDO E. LOPEZ v. SANDIGANBAYAN, ET AL

  • G.R. Nos. 109373 & 112991 October 13, 1995 - PACIFIC BANKING CORP. EMPLOYEES ORG., ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 110015 October 13, 1995 - MANILA BAY CLUB CORPORATION v. COURT OF APPEALS, ET AL

  • G.R. No. 107101 October 16, 1995 - PEOPLE OF THE PHIL. v. MARLO S. RODICO, ET AL.

  • G.R. No. 108515 October 16, 1995 - LUIS BALANTAKBO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110053 October 16, 1995 - DEVELOPMENT BANK OF THE PHILIPPINES v. COURT OF APPEALS

  • G.R. No. 110544 October 17, 1995 - REYNALDO V. TUANDA, ET AL. v. SANDIGANBAYAN

  • G.R. No. 105649 October 18, 1995 - FLORO ENTERPRISES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111634 October 18, 1995 - KOMATSU INDUSTRIES (PHIL.), INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116062 October 18, 1995 - PEOPLE OF THE PHIL. v. BERTO BANTISIL, ET AL

  • G.R. No. 116462 October 18, 1995 - RENO FOODS, INC. v. NLRC, ET AL.

  • G.R. No. 116910 October 18, 1995 - INTERNATIONAL CONTAINER TERMINAL SERVICES, INC., ET. AL. v. CA, ET AL.

  • G.R. Nos. 114841-42 October 20, 1995 - ATLANTIC GULF AND PACIFIC CO. OF MANILA, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 103915 October 23, 1995 - COMMISSIONER OF INTERNAL REVENUE v. TELEFUNKEN SEMICONDUCTOR PHIL., INC., ET AL.

  • G.R. No. 106477 October 23, 1995 - GLOBE GENERAL SERVICES AND SECURITY AGENCY, ET AL. v. NLRC

  • G.R. No. 111837 October 24, 1995 - NEW YORK MARINE MANAGERS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112969-70 October 24, 1995 - PEOPLE OF THE PHIL. v. GREGORIO PADRE-E

  • G.R. No. 118584 October 24, 1995 - AURELIA S. GOMEZ v. PRESIDING JUDGE, ET AL.

  • G.R. No. 120823 October 24, 1995 - HADJI HAMID PATORAY v. COMMISSION ON ELECTIONS, ET AL.

  • Adm. Matter No. MTJ-92-716 October 25, 1995 - MA. BLYTH B. ABADILLA v. JOSE C. TABILIRAN, JR.

  • Adm. Matter No. MTJ-93-892 October 25, 1995 - SAN MANUEL WOOD PRODUCTS, INC. v. RAMON B. TUPAS, ET AL.

  • Adm. Matter No. MTJ-94-907 October 25, 1995 - BANK OF THE PHILIPPINE ISLANDS, ET AL. v. JOSELITO SD. GENEROSO, ET AL.

  • Adm. Matter No. MTJ-94-979 October 25, 1995 - EMERITO M. AGCAOILI v. ADOLFO B. MOLINA

  • Adm. Matter No. P-94-1081 October 25, 1995 - VIRGINIA E. BURGOS v. JOSEFINA R. AQUINO

  • G.R. No. 95573 October 25, 1995 - GSIS v. NATIONAL FOOD AUTHORITY, ET AL.

  • G.R. No. 99058 October 25, 1995 - PEOPLE OF THE PHIL. v. FELIXBERTO FRANCISCO, ET AL.

  • G.R. No. 102976 October 25, 1995 - IRON AND STEEL AUTHORITY v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 110815-16 October 25, 1995 - PEOPLE OF THE PHIL. v. JOHNNY SINATAO

  • G.R. No. 111688 October 25, 1995 - PEOPLE OF THE PHIL. v. AGAPITO @ "FELITOY" BRIOL, ET. AL.

  • G.R. No. 112713 October 25, 1995 - PEOPLE OF THE PHIL. v. JOSE TAMPARONG, JR.

  • G.R. No. 108115 October 27, 1995 - PHILIPPINE SOAP BOX DERBY, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117083 October 27, 1995 - LAZARO V. KAVINTA v. PRUDENCIO ALTRE CASTILLO, JR.

  • G.R. No. 112448 October 30, 1995 - PEOPLE OF THE PHIL. v. AGAPITO LOPEZ, ET AL.

  • G.R. Nos. 115455, 115525, 115543, 115544, 115754, 115781, 115852, 115873 & 115931 October 30, 1995 - ARTURO M. TOLENTINO v. SECRETARY OF FINANCE, ET AL.

  •  





     
     

    Adm. Matter No. RTJ-95-1325   October 4, 1995 - PABLO ESPAÑOLA v. VINCENT EDEN C. PANAY

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [Adm. Matter No. RTJ-95-1325. October 4, 1995.]

    PABLO ESPAÑOLA, Petitioner, v. JUDGE VINCENT EDEN C. PANAY, Regional Trial Court, Branch 30, Bayombong, Nueva Vizcaya, Respondent.


    SYLLABUS


    JUDICIAL ETHICS; JUDGES; UNDUE DELAY IN THE DISPOSITION OF CASES WITHOUT PRIOR LEAVE FOR REASONABLE EXTENSION WARRANTS DISCIPLINARY ACTION; CASE AT BAR. — In the concluding portion of its memorandum, dated 23 May 1995, addressed to Chief Justice Andres R. Narvasa, the Office of the Court Administrator, through Deputy Court Administrator Juanito A. Bernad, recommended: "WHEREFORE, for undue delay in deciding Civil Cases Nos. 147, 262, and 200, it is respectfully recommended that respondent Judge be imposed a FINE of Ten Thousand Pesos (P10,000.00), with STERN WARNING that a repetition of the same or similar acts and/or omissions in the future will be dealt with more severely." The recommendation accords with Rule 140 of the Rules of Court, as amended on 22 November 1990, considering the following: First. Civil Case No. 147 was submitted for decision in August 1988 while Civil Case No. 200 was submitted for decision in May 1993. Assuming that there was an agreement between the parties and their respective counsel to have the two cases jointly decided, it behooved respondent Judge to consolidate the two cases. In fact, these two cases were not jointly decided; Civil Case No. 200 was decided on 11 August 1994 while Civil Case No. 147 was decided on 23 August 1994. Second. Respondent Judge did not proffer any sound justification for the delay in deciding Civil Case No. 262. Third. Respondent Judge’s designation to preside over Branch 29 from June 1992 to June 1993, and over Branch 31 from June 1994 to October 1994, was not an excuse. Civil Case No. 147 was submitted for decision as early as 1988. Fourth. Respondent Judge knew, or should have known, that if his caseload prevented the disposition of cases within the reglementary period, all he had to do was to ask from this Court for a reasonable extension of time to dispose of the cases involved. There would appear to be no record of any attempt on the part of respondent Judge to make such a request.


    R E S O L U T I O N


    VITUG, J.:


    In a petition, dated 09 September 1994, Pablo S. Española charged Judge Vincent Eden C. Panay with dereliction of duty. Complainant averred that respondent Judge had failed to decide Civil Case No. 262 (Pablo S. Española, Et. Al. v. Cristo Collado and Ricardo Manzano) within the reglementary period.

    In a motion, dated 27 September 1994, complainant sought to withdraw his complaint on the ground that Civil Case No. 262 had meanwhile been decided. Complainant stated that he would instead interpose an appeal from the decision.

    In an "Additional Complaint," dated 20 October 1994, Española reiterated his previous complaint, complaining that respondent Judge was likewise guilty of delay in deciding the following cases:chanrob1es virtual 1aw library

    Civil Case Title Date Submitted Date decided

    Case No. for Decision

    147 Española v. Bote Aug. 1988 Aug. 23, 1994

    262 Española v. Manzano Sept. 1992 July 29, 1994

    200 Bote v. Española May 1993 Aug. 11, 1994

    The complaint also begrudged respondent Judge for using his decision to attack the person, honor and reputation of complainant, as well as that of his family, by such sarcastic remarks as —

    "The plaintiff, Pablo Española, is not a graduate of Bachelor of Laws for nothing; he is not fondly called as attorney’ in the locality for nothing; he is not a notary public for 33 years from 1951 to 1984 for nothing."cralaw virtua1aw library

    In his comment, dated 12 December 1994, respondent Judge surmised that the revival of the complaint against him was due to complainant’s having lost his cases before the Judge. He stated that the decision in Civil Case No. 147 was delayed due to an agreement of the parties to have it consolidated with Civil Case No. 200. Judge Panay also invited the Court’s attention to his "plight of having within his sole jurisdiction, Branch 30, the Southern half of the province of Nueva Vizcaya or eight of the total fifteen municipalities while the Northern half of only seven municipalities, are shared by four other branches . . ." making the total number of cases filed with his sala equal to, or at times in excess of, the total cases filed with the four branches. The situation, he averred, had been further aggravated by his designation by the Court to preside over Branch 29, relieving Judge Carlos T. Aggabao, from June 1992 to June 1993, and his designation to preside over Branch 31, Province of Quirino, from June 1994 to October 1994. Compounding yet the matter, he explained, his Clerk of Court, Atty. Rodrigo B. Galo, was suspended from office since 1993 to date.

    Respondent Judge, finally, reported that he had finished resolving the cases submitted for decision since the last week of August 1994 and that only two criminal cases and three special proceeding cases remained to be decided, all within the ninety-day period.

    Since there is practically no serious dispute on the facts alleged by complainant, i.e., respondent’s delay in deciding cases, it was deemed unnecessary to have this administrative case still referred to an Associate Justice of the Court of Appeals for investigation. The Court required, instead, the parties to manifest whether they would be willing to submit the matter on the basis of the pleadings already filed. Both parties responded in the affirmative.

    In the concluding portion of its memorandum, dated 23 May 1995, addressed to Chief Justice Andres R. Narvasa, the office of the Court Administrator, through Deputy Court Administrator Juanito A. Bernad, recommended:jgc:chanrobles.com.ph

    "WHEREOF, for undue delay in deciding Civil Cases Nos. 147, 262 and 200, it is respectfully recommended that respondent Judge be imposed a FINE of Ten Thousand Pesos (P10,000.00), with STERN WARNING that a repetition of the same or similar acts and/or omissions in the future will be dealt with more severely."cralaw virtua1aw library

    The recommendation accords with Rule 140 of the Rules of Court, as amended on 22 November 1990, considering the following:chanrob1es virtual 1aw library

    First. Civil Case No. 147 was submitted for decision in August 1988 while Civil Case No. 200 was submitted for decision in May 1993. Assuming that there was an agreement between the parties and their respective counsel to have the two cases jointly decided, it behooved respondent Judge to consolidate the two cases. In fact, these two cases were not jointly decided; Civil Case No. 200 was decided on 11 August 1994 while Civil Case No. 147 was decided on 23 August 1994.

    Second. Respondent Judge did not proffer any sound justification for the delay in deciding Civil Case No. 262.

    Third. Respondent Judge’s designation to preside over Branch 29 from June 1992 to June 1993, and over Branch 31 from June 1994 to October 1994, was not an excuse. Civil Case No. 147 was submitted for decision as early as 1988.

    Fourth. Respondent Judge knew, or should have known, that if his caseload prevented the disposition of cases within the reglementary period, all he had to do was to ask from this Court for a reasonable extension of time to dispose of the cases involved. 1 There would appear to be no record of any attempt on the part of respondent Judge to make such a request.

    WHEREFORE, finding Judge Vincent Eden C. Panay guilty of undue delay in deciding Civil Case No. 147, No. 262 and No. 200, we impose on him a fine of Ten Thousand Pesos (P10,000.00), with a warning that a similar infraction in the future will be dealt with more severely than heretofore.

    SO ORDERED.

    Feliciano and Romero, JJ., concur.

    Melo, J., is on leave.

    Endnotes:



    1. See Cruz v. Basa, 218 SCRA 551.

    Adm. Matter No. RTJ-95-1325   October 4, 1995 - PABLO ESPAÑOLA v. VINCENT EDEN C. PANAY


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