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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-1996 Jurisprudence                 

  • Adm. Matter MTJ-93-850 October 2, 1996 - ROBERTO CARPIO v. RODOLFO R. DE GUZMAN, ET AL.

  • G.R. No. 116236 October 2, 1996 - VICTORIAS MILLING CO., INC. v. NLRC, ET AL.

  • G.R. No. 116347 October 3, 1996 - NATIVIDAD PONDOC v. NLRC, ET AL.

  • G.R. No. 118091 October 3, 1996 - PEOPLE OF THE PHIL. v. WILFREDO VIERNES, ET AL.

  • G.R. No. 120894 October 3, 1996 - PEOPLE OF THE PHIL. v. MORENO BAYANI

  • G.R. No. 122668 October 3, 1996 - JESSIE DE LEON v. PEOPLE OF THE PHIL.

  • G.R. No. 94548 October 4, 1996 - PEOPLE OF THE PHIL. v. GERARDO COGONON

  • G.R. No. 106722 October 4, 1996 - JOSEMARIA G. ESTRADA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108936 October 4, 1996 - SOL LAGUIO, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 117323 October 4, 1996 - PEOPLE OF THE PHIL. v. AGUSTIN DIAZ

  • G.R. No. 117514 October 4, 1996 - MT. CARMEL COLLEGE, ET AL. v. NLRC, ET AL.

  • G.R. No. 119007 October 4, 1996 - PEOPLE OF THE PHIL. v. ROMULO G. SORIA

  • G.R. No. 119290 October 4, 1996 - PEOPLE OF THE PHIL. v. ROBERTO PIASIDAD

  • G.R. No. 90655 October 7, 1996 - DANIEL V. ZARATE, JR. v. NORMA C. OLEGARIO, ET AL.

  • G.R. No. 103577 October 7, 1996 - ROMULO A. CORONEL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 102713 October 9, 1996 - EDWARD LITTON v. COURT OF APPEALS, ET AL.

  • G.R. No. 117950 October 9, 1996 - PEOPLE OF THE PHIL. v. ARADAM DE MANUEL

  • G.R. No. 119417 October 9, 1996 - PEOPLE OF THE PHIL. v. OMAR CLETO VARONA, JR.

  • G.R. No. 116172 October 10, 1996 - SAN MIGUEL FOODS, INC.-CEBU v. BIENVENlDO E. LAGUESMA, ET AL.

  • Adm. Matter No. P-96-1227 October 11, 1996 - RENATO L. LIRIO v. ARTURO A. RAMOS

  • G.R. No. 104624 October 11, 1996 - SAN PEDRO HOSPITAL OF DIGOS v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 108919 October 11, 1996 - PEOPLE OF THE PHIL. v. EDGAR S. CORDERO

  • G.R. No. 89075 October 15, 1996 - PEOPLE OF THE PHIL. v. ROBERTO GEROLAGA, ET AL.

  • G.R. No. 108433 October 15, 1996 - WALLEM MARITIME SERVICES, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 118320 October 15, 1996 - PEOPLE OF THE PHIL. v. RODOLFO E. CABODOC

  • G.R. No. 119014 October 15, 1996 - PEOPLE OF THE PHIL. v. JOJO P. PEREZ, ET AL.

  • G.R. No. 79543 October 16, 1996 - JOSE D. FILOTEO, JR. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 111401 October 17, 1996 - ERIBERTO G. VALENCIA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120385 October 17, 1996 - REPUBLIC OF THE PHIL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 120961 October 17, 1996 - DISTILLERIA WASHINGTON, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121574 October 17, 1996 - METRO TRANSIT ORGANIZATION, INC. v. NLRC, ET AL.

  • G.R. No. 107741 October 18, 1996 - FRANCISCO BERNARTE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109834 October 18, 1996 - CECILE SAN JUAN DITCHING, ET AL., v. COURT OF APPEALS, ET AL.

  • G.R. No. 110007 October 18, 1996 - HOLY CROSS OF DAVAO COLLEGE, INC. v. JEROME JOAQUIN, ET AL.

  • G.R. No. 120008 October 18, 1996 - PHIL. ADVERTISING COUNSELORS, INC., ET AL. v. NLRC, ET AL.

  • Adm. Matter No. MTJ- 95-1051 October 21, 1996 - EMERITO M. AGCAOILI v. BRICCIO A. AQUINO

  • G.R. No. 106427 October 21, 1996 - INTER-ASIA SERVICES CORP. (INT’L.) v. COURT OF APPEALS, ET AL.

  • G.R. No. 108461 October 21, 1996 - PHIL. INTERNATIONAL TRADING CORP., ET AL. v. ZOSIMO Z. ANGELES, ET AL.

  • G.R. No. 116013 October 21, 1996 - ANANIAS SOCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 105961 October 22, 1996 - PEOPLE OF THE PHIL. v. PACIFICO SUMAOY

  • G.R. No. 113926 October 23, 1996 - SECURITY BANK AND TRUST CO. v. RTC-MAKATI, BR. 61, ET AL.

  • G.R. No. 97935 October 23, 1996 - PEOPLE OF THE PHIL. v. JOEL T. ALIPOSA, ET AL.

  • G.R. No. 113926 October 23, 1996 - SECURITY BANK AND TRUST CO. v. REGIONAL TRIAL COURT-MAKATI, BR. 61, ET AL.

  • G.R. No. 98310 October 24, 1996 - MATUGUINA INTEGRATED WOOD PRODUCTS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106817 October 24, 1996 - PEOPLE OF THE PHIL. v. JULIAN RAPANUT, ET AL.

  • G.R. No. 114129 October 24, 1996 - MANILA ELECTRIC COMPANY v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 118347 October 24, 1996 - VICENTE LIM, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 101213-14 October 28, 1996 - PEOPLE OF THE PHIL. v. HENRY APILO

  • G.R. No. 112148 October 28, 1996 - PEOPLE OF THE PHIL. v. NUMERIANO JUBILAG

  • G.R. No. 115953 October 28, 1996 - GENOVEVA LIGOT SEMPIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116175 October 28, 1996 - PEDRO V. SOLIS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 120506 October 28, 1996 - PHILIPPINE AIRLINES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 120730 October 28, 1996 - RAMON J. BERNARDO, SR., ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-93-956 October 30, 1996 - OFFICE OF THE COURT ADMINISTRATOR v. ARTURO A. ALAGABAN, ET AL.

  • G.R. No. 102772 October 30, 1996 - PEOPLE OF THE PHIL. v. ROGELIO C. DEOPANTE

  • G.R. No. 107968 October 30, 1996 - ELIAS S. CIPRIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110296 October 30, 1996 - MID-PASIG LAND DEVELOPMENT CORP. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 113116 October 30, 1996 - PEOPLE OF THE PHIL. v. RONALD DE VERA

  • G.R. No. 121506 October 30, 1996 - MACTAN CEBU INT’L. AIRPORT AUTHORITY v. COURT OF APPEALS, ET AL.

  • G.R. No. 121519 October 30, 1996 - PEOPLE OF THE PHIL. v. VICENTE TY, ET AL.

  • G.R. No. 122256 October 30, 1996 - REPUBLIC OF THE PHIL., ET AL. v. COURT OF APPEALS. ET AL.

  • G.R. No. 123643 October 30, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

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    G.R. No. 122668   October 3, 1996 - JESSIE DE LEON v. PEOPLE OF THE PHIL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 122668. October 3, 1996.]

    JESSIE DE LEON, Plaintiff-Appellee, v. PEOPLE OF THE PHILIPPINES, Accused-Appellant.


    R E S O L U T I O N


    NARVASA, C.J., p:chanrob1es virtual 1aw library

    Jessie de Leon was charged with and tried for a violation of Section 15, Article III of Republic Act No. 6425 in the Regional Trial Court of Pasig (Branch 167). On March 5, 1993, he was found guilty beyond reasonable doubt of the offense, and "sentenced to a penalty of Life Imprisonment; to pay a Fine of P20,000.00; to suffer all the accessory penalties as consequent thereto, and, to pay the costs." On appeal, the Fourteenth Division of the Court of Appeals, by Decision promulgated on December 28, 1994, sustained de Leon’s conviction but, in light of Republic Act No. 7659 (effective December 31, 1993), reduced the sentence "from Life Imprisonment to the correct imposable penalty of from Eight (8) Years of Prision Mayor, as Minimum, to Fourteen (14) Years and Eight (8) Months of Reclusion Temporal, as Maximum."cralaw virtua1aw library

    De Leon seasonably filed a petition for review on certiorari with this Court. The petition does not pray for de Leon’s absolution from the offense for which he was convicted; indeed, a perusal of the record discloses no cause to modify the conclusion of his guilt of the offense with which he is charged. What the petition explicitly prays for is a further reduction of the penalty imposed on him by the Decision of the Court of Appeals of December 28, 1994.

    In due course, the Court deliberated on the averments and arguments of the petition, in relation to the "Manifestation and Motion in Lieu of Comment" submitted by the Office of the Solicitor General, dated June 17, 1996, petitioner’s additional comment dated August 27, 1996, as well as the First Indorsement dated September 4, 1996 of Acting Court Administrator Reynaldo L. Suarez, referring to this Court the letter dated August 14, 1996 of Mr. Ernesto G. Quejada, Paralegal Worker in the New Bilibid Prisons, advising that the quantity involved in petitioner’s case is 0.05 grams of "shabu" only, and that he had "already served four (4) years, three (3) months and twelve (12) days of his sentence, excluding his good conduct time allowance."cralaw virtua1aw library

    In its aforesaid Manifestation and Motion, etc. dated June 17, 1996, the Office of the Solicitor General manifests its agreement with petitioner that a further reduction of his penalty is called for in the premises, suggesting that what should properly be imposed is "an indeterminate penalty of six (6) months of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional in its medium period, as maximum."cralaw virtua1aw library

    The position taken by the Office of the Solicitor General is well taken. The case at bar, involving the sale of less than one gram (.05) of methamphetamine hydrochloride or shabu, is on all fours with People v. Manalo, 245 SCRA 493 (June 30, 1995), involving less than one (1) gram (.02), and Danao v. Court of Appeals, 243 SCRA 494 (April 6, 1995), also involving less than one gram (.06) of the prohibited substance, in both of which cases this Court imposed on the accused the penalty of six (6) months of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional, as maximum.

    IN VIEW WHEREOF, the Court Resolved to AFFIRM in all respects petitioner’s conviction of the offense of violation of Section 15, Article III of R.A. No. 6425 but with the MODIFICATION that the penalty that he should undergo for said offense, applying the Indeterminate Sentence Law, is six (6) months of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional, as maximum. The Court further Resolved that, if it be true that petitioner has indeed already served four (4) years, three (3) months and twelve (12) days of the sentence imposed by the aforementioned judgment of the Court of Appeals promulgated on December 28, 1994 — a matter that may very easily and quickly be verified — petitioner Jessie de Leon should forthwith be released and discharged from the national penitentiary, unless he be detained or held for some other lawful cause or charge.

    SO ORDERED.

    Davide, Jr., Melo, Francisco and Panganiban, JJ., concur.

    G.R. No. 122668   October 3, 1996 - JESSIE DE LEON v. PEOPLE OF THE PHIL.


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