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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
 

   
July-1996 Jurisprudence                 

  • G.R. No. 116600 July 3, 1996 - PEOPLE OF THE PHIL. v. REYNALDO LANDICHO

  • G.R. No. 119527 July 3, 1996 - EVELYN J. GARCIA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121910 July 3, 1996 - NATIONAL WATERWORKS AND SEWERAGE AUTHORITY, ET AL. v. NLRC

  • G.R. Nos. 98121-22 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO R. SALAZAR

  • G.R. No. 100629 July 5, 1996 - ENELYN E. PEÑA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100699 July 5, 1996 - PEOPLE OF THE PHIL. v. EDGAR C. GUTIERREZ

  • G.R. No. 102377 July 5, 1996 - ALFREDO SAJONAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 102998 July 5, 1996 - BA FINANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105583 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO TAMPON

  • G.R. No. 106296 July 5, 1996 - ISABELO T. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106413 July 5, 1996 - REPUBLIC OF THE PHIL. v. TACLOBAN CITY ICE PLANT, ET AL.

  • G.R. No. 107698 July 5, 1996 - GLORIA Z. GARBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 107824 July 5, 1996 - SUPERCLEAN SERVICES CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 109173 July 5, 1996 - CITY OF CEBU v. COURT OF APPEALS, ET AL.

  • G.R. No. 111324 July 5, 1996 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 111549 July 5, 1996 - PEOPLE OF THE PHIL. v. ARTEMIO P. ORTALEZA

  • G.R. Nos. 113178 & 114777 July 5, 1996 - RADIO COMMUNICATIONS OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 113549 July 5, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113827 July 5, 1996 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113948 July 5, 1996 - ARMANDO NICOLAS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114002 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO C. COMPENDIO, JR.

  • G.R. No. 115216 July 5, 1996 - PEOPLE OF THE PHIL. v. DAVID CABILES

  • G.R. No. 115825 July 5, 1996 - FRANKLIN DRILON v. COURT OF APPEALS, ET AL.

  • G.R. No. 116208 July 5, 1996 - PEOPLE OF THE PHIL. v. ESMAEL SALIDO

  • G.R. No. 116693 July 5, 1996 - PURITA DE LA PEÑA, ET AL. v. PEDRO R. DE LA PEÑA, ET AL.

  • G.R. No. 118203 July 5, 1996 - EMILIO A. SALAZAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118231 July 5, 1996 - VICTORIA L. BATIQUIN, ET AL. v. COURT OF APPEALS

  • G.R. No. 118284 July 5, 1996 - MAMERTO REFUGIA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118562 July 5, 1996 - ANGLO-KMU v. SAMANA BAY, ET AL.

  • G.R. No. 118691 July 5, 1996 - ALEJANDRO BAYOG, ET AL. v. ANTONIO M. NATINO, ET AL.

  • G.R. Nos. 118712 & 118745 July 5, 1996 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118824 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO GARCIA

  • G.R. No. 119069 July 5, 1996 - PEOPLE OF THE PHIL. v. DANILO EXCIJA

  • G.R. No. 119845 July 5, 1996 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120949 July 5, 1996 - ARACELI RAMOS FONTANILLA v. PEOPLE OF THE PHIL.

  • G.R. No. 121180 July 5, 1996 - GERARD A. MOSQUERA v. DELIA H. PANGANIBAN, ET AL.

  • G.R. No. 121592 July 5, 1996 - ROLANDO P. DELA TORRE v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 122807 July 5, 1996 - ROGELIO P. MENDIOLA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-91-712 July 9, 1996 - BEN D. MARCES, SR. v. PAUL T. ARCANGEL

  • G.R. No. 88189 July 9, 1996 - PEOPLE OF THE PHIL. v. TIBURCIO ABALOS

  • G.R. No. 103922 July 9, 1996 - SANTIAGO LAND DEVELOPMENT COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 104312 July 9, 1996 - PEOPLE OF THE PHIL. v. MARIO CABALLERO

  • G.R. No. 109563 July 9, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 114058 July 10, 1996 - PEOPLE OF THE PHIL. v. ZALDY B. FRANCISCO

  • G.R. No. 74495 July 11, 1996 - DUMEZ COMPANY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 80437-38 July 11, 1996 - PEOPLE OF THE PHIL. v. ROBERTO B. ABORDO

  • G.R. Nos. 94376-77 July 11, 1996 - PEOPLE OF THE PHIL. v. ELMER O. BELGA

  • G.R. No. 103174 July 11, 1996 - AMADO B. TEODORO v. COURT OF APPEALS, ET AL.

  • G.R. No. 103968 July 11, 1996 - PEOPLE OF THE PHIL. v. DIMSON M. GARDE

  • G.R. No. 104860 July 11, 1996 - CITYTRUST BANKING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106418 July 11, 1996 - DANIEL L. BORBON II, ET AL. v. SERVICEWIDE SPECIALISTS, INC., ET AL.

  • G.R. No. 109156 July 11, 1996 - STOLT-NIELSEN MARINE SERVICES (PHILS.) INC. v. NLRC, ET AL.

  • G.R. No. 110207 July 11, 1996 - FLORENTINO REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116221 July 11, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO G. GABRIS

  • Adm. Matter No. P-93-995 July 12, 1996 - ROBERTO JALBUENA v. EGARDO GELLADA, ET AL.

  • G.R. No. 88126 July 12, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96795 July 12, 1996 - ANTONIO M. CORRAL v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108926 July 12, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116128 & 116461 July 12, 1996 - ALLIED BANKING CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121139 July 12, 1996 - ISIDRO B. GARCIA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 88822 July 15, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO M. TUVILLA

  • G.R. No. 117661 July 15, 1996 - DANIEL VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 83437-38 July 17, 1996 - PEOPLE OF THE PHIL. v. WILFREDO R. GUARIN

  • G.R. No. 98458 July 17, 1996 - COCOLAND DEV. CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102037 July 17, 1996 - MELANIO IMPERIAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106977 July 17, 1996 - PEOPLE OF THE PHIL. v. AQUILIO ACABO

  • G.R. Nos. 109396-97 July 17, 1996 - PEOPLE OF THE PHIL. v. ROMEO S. OARGA

  • G.R. No. 114795 July 17, 1996 - LUCITA Q. GARCES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116728 July 17, 1996 - PEOPLE OF THE PHIL. v. RODELIO S. CRUZ

  • G.R. No. 120496 July 17, 1996 - FIVE STAR BUS CO., INC., ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-96-1088 July 19, 1996 - RODOLFO G. v. HERNANDO C. DOMAGTOY

  • G.R. Nos. 70168-69 July 24, 1996 - RAFAEL T. MOLINA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 95940 July 24, 1996 - PANTRANCO NORTH EXPRESS, INC. v. NLRC, ET AL.

  • G.R. No. 108052 July 24, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 110241 July 24, 1996 - ASIA BREWERY, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 115008-09 July 24, 1996 - PEOPLE OF THE PHIL. v. DANIEL C. QUIJADA

  • G.R. No. 120043 July 24, 1996 - AMERICAN HOME ASSURANCE CO., ET AL v. NLRC, ET AL.

  • G.R. No. 120099 July 24, 1996 - EDUARDO T. RODRIGUEZ v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 120303 July 24, 1996 - FEDERICO GEMINIANO, ET AL. v. COURT OF APPEALS, ET Al.

  • Adm. Matter No. RTJ-96-1336 July 25, 1996 - JOCELYN TALENS-DABON v. HERMIN E. ARCEO

  • G.R. No. 95223 July 26, 1996 - ALLIED BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105673 July 26, 1996 - PEOPLE OF THE PHIL. v. ANTONIO MAGANA

  • G.R. Nos. 105690-91 July 26, 1996 - PEOPLE OF THE PHIL v. RODOLFO CAGUIOA, SR.

  • G.R. No. 110731 July 26, 1996 - SHOPPERS GAIN SUPERMART, ET AL. v. NLRC, ET AL.

  • G.R. No. 111127 July 26, 1996 - ENGRACIO FABRE, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112175 July 26, 1996 - PEOPLE OF THE PHIL. v. RODOLFO DIAZ

  • G.R. Nos. 114280 & 115224 July 26, 1996 - PHILIPPINE AIRLINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115683 July 26, 1996 - DELIA MANUEL v. DAVID ALFECHE, JR., ET AL.

  • G.R. No. 118434 July 26, 1996 - SIXTA C. LIM v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119225 July 26, 1996 - PEOPLE OF THE PHIL. v. RODRIGO G. ABUTIN

  • G.R. No. 119328 July 26, 1996 - PROVIDENT INT’L. RESOURCES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119673 July 26, 1996 - IGLESIA NI CRISTO (INC.) v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-93-783 July 29, 1996 - OFFICE OF THE COURT ADMINISTRATOR v. FILOMENO PASCUAL

  • G.R. Nos. 97556 & 101152 July 29, 1996 - DAMASO S. FLORES v. COURT OF APPEALS, ET AL.

  • G.R. No. 111639 July 29, 1996 - MIDAS TOUCH FOOD CORPORATION v. NLRC, ET AL.

  • G.R. No. 114313 July 29, 1996 - MGG MARINE SERVICES, INC., ET AL. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1148 July 30, 1996 - PEDRO ROQUE, ET AL. v. ZENAIDA GRIMALDO

  • G.R. No. 102557 July 30, 1996 - ALFONSO D. ZAMORA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108028 July 30, 1996 - PEOPLE OF THE PHIL. v. CRISTINA M. HERNANDEZ

  • G.R. No. 116512 July 30, 1996 - PEOPLE OF THE PHIL. v. LEOPOLDO BACANG, ET AL.

  • G.R. No. 116542 July 30, 1996 - HONGKONG AND SHANGHAI BANKING CORP. v. NLRC, ET AL.

  • G.R. No. 118590 July 30, 1996 - D.M. CONSUNJI, INC. v. RAMON S. ESGUERRA, ET AL.

  • G.R. No. 122241 July 30, 1996 - BOARD OF OPTOMETRY, ET AL. v. ANGEL B COLET, ET. AL.

  • G.R. Nos. 111517-19 July 31, 1996 - PEOPLE OF THE PHIL. v. ROGER N. AUSTRIA

  • G.R. No. 112233 July 31, 1996 - COKALIONG SHIPPING LINES v. OMAR U. AMIN

  • G.R. No. 112611 July 31, 1996 - CLARA ATONG VDA. DE PANALIGAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116015 July 31, 1996 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 119306 July 31, 1996 - PEOPLE OF THE PHIL. v. DANTE BELTRAN

  • G.R. No. 121917 July 31, 1996 - ROBIN CARIÑO PADILLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 122274 July 31, 1996 - SUSAN V. LLENES v. ISAIAS P. DICDICAN, ET AL.

  • G.R. No. 122749 July 31, 1996 - ANTONIO A. S. VALDES v. RTC, BRANCH 102, QUEZON CITY, ET AL.

  •  





     
     

    G.R. No. 121139   July 12, 1996 - ISIDRO B. GARCIA v. COMMISSION ON ELECTIONS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 121139. July 12, 1996.]

    ISIDRO B. GARCIA, Petitioner, v. COMMISSION ON ELECTIONS and AUGUSTO GARCIA, Respondents.


    D E C I S I O N


    FRANCISCO, J.:


    This is a petition for certiorari under Rule 65 seeking to nullify the Resolution of the COMELEC en banc dated June 30, 1995 1 in SPA No. 95-034 entitled "Isidro B. Garcia v. Augusto M. Garcia", for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction. The assailed resolution reversed the previous Resolution of the Second Division of the COMELEC promulgated on May 4, 1995, 2 wherein respondent Augusto M. Garcia was declared a nuisance candidate resulting in the cancellation of his certificate of candidacy for the mayoralty seat of Tagig.

    During the May 8, 1995 local elections, petitioner Isidro B. Garcia and respondent Augusto M. Garcia were both candidates for mayor in Tagig, Metro Manila. Claiming that respondent filed his certificate of candidacy for no other legitimate purpose but to cause confusion and disarray among the voters of Tagig considering the similarity in their surname, petitioner filed a petition with the COMELEC for the declaration of respondent as a nuisance candidate pursuant to Section 69 of the Omnibus Election Code.

    In its Resolution dated May 4, 1995, the COMELEC (Second Division) granted the petition and declared respondent as a nuisance candidate. The COMELEC based its ruling on the following: 1) dubious veracity of respondent’s certificate of nomination by the PDP-LABAN; 2) failure of respondent to actively campaign; and 3) the absence of any campaign materials.

    On May 10, 1995, two days after the election, respondent filed a motion for reconsideration 3 with the COMELEC seeking the reversal of the aforementioned resolution. In the meanwhile, the canvassing of the election returns proceeded which eventually resulted in the proclamation of petitioner on May 23, 1995 as the winning candidate. However, another losing candidate, Ricardo Papa filed a petition for annulment of the proclamation, and an election protest as well, with the COMELEC and the Regional Trial Court of Pasig, respectively, against petitioner.

    On June 30, 1995, the COMELEC en banc promulgated the assailed resolution, granting private respondent’s motion for reconsideration and reversing the previous resolution declaring him a nuisance candidate, despite admitting that the motion has been rendered moot and academic as a result of petitioner’s proclamation on May 23, 1995 as winning candidate.

    The COMELEC discarded petitioner’s claim that respondent lacked the logistical and machinery to pursue a serious political campaign due to the absence of propaganda materials, and ruled that such assumption has no bearing on the qualification of respondent to seek public office.

    Petitioner is now before us seeking nullify and set aside the resolution of the COMELEC en banc.

    It is argued that the COMELEC gravely abused its discretion when it granted respondent’s motion for reconsideration despite having been rendered moot and academic by the proclamation of petitioner as duly elected mayor of Tagig. Petitioner bewails the fact that the motion granted with the end in view of benefiting the pending electoral protest filed by losing candidate Ricardo Papa who, according to petitioner, was the one who instigated and conspired with respondent to run for mayor to confuse the voters and undermine petitioner’s chances of winning.

    Private respondent however denies the abovementioned imputation and contends that his only purpose in filing a motion for reconsideration from the resolution declaring him a nuisance candidate was solely to reacquire his legal status as a legitimate and qualified candidate for public office.

    Well entrenched is the rule that where the issues have become moot and academic, there is no justiciable controversy, thereby rendering the resolution of the same of no practical use or value. 4

    Surprisingly, despite respondent COMELEC’s admission that private respondent’s motion for reconsideration has already been rendered moot and academic due to petitioner’s proclamation as duly elected mayor of Tagig in the May 8, 1995 elections, it nevertheless resolved to grant the motion.

    Obviously, the assailed resolution would no longer be of any practical use or value to private respondent considering that he did not even dispute the proclamation of petitioner as the winning candidate. In fact, even private respondent’s sole purpose in filing his motion for reconsideration — to regain his legal status as a legitimate and qualified candidate for public office — has been rendered inconsequential as a result of petitioner’s proclamation.

    Petitioner was proclaimed mayor of Tagig as early as May 23, 1995, while the assailed resolution was promulgated by respondent COMELEC on June 30, 1995. Undoubtedly, there was more that ample opportunity for the COMELEC to be apprised of supervising events that rendered private respondent’s motion moot and academic, which in turn should have guided it to properly deny the motion. But having failed to do so, respondent COMELEC acted with grave abuse of discretion in granting the motion.

    ACCORDINGLY, the petition is hereby GRANTED. The resolution of the COMELEC dated June 30, 1995 in SPA No. 95-034 is hereby SET ASIDE and a new one entered denying private respondent’s motion for reconsideration for being moot and academic.

    SO ORDERED.

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

    Endnotes:



    1. Rollo, p. 24.

    2. Rollo, p. 32.

    3. Rollo, p. 42.

    4. Southeast Asia Manufacturing Corporation v. Municipal Council of Tagbilaran, 94 SCRA 341 (1979); Yorac v. Magalona, 3 SCRA 76 (1961).

    G.R. No. 121139   July 12, 1996 - ISIDRO B. GARCIA v. COMMISSION ON ELECTIONS, ET AL.


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