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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
 

 
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December-1997 Jurisprudence                 

  • G.R. Nos. 124360 & 127867 December 3, 1997 - FRANCISCO S. TATAD v. SECRETARY OF THE DEPARTMENT OF ENERGY, ET AL.

  • Adm. Matter No. 95-9-98-MCTC December 4, 1997 - REQUEST OF JUDGE EDUARDO F. CARTAGENA

  • G.R. No. 116354 December 4, 1997 - HEIRS OF REYNALDO ANIBAN v. NLRC, ET AL.

  • G.R. No. 117624 December 4, 1997 - PEOPLE OF THE PHIL. v. EFREN L. HERNANDEZ, ET AL.

  • G.R. No. 121508 December 4, 1997 - PEOPLE OF THE PHIL. v. JOEL CABEL

  • G.R. No. 121628 December 4, 1997 - PEOPLE OF THE PHIL. v. REX TURINGAN, ET AL.

  • G.R. No. 126560 December 4, 1997 - ALFONSO PAA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 97-1-08-MTC December 5, 1997 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN MTC, SIBULAN, NEGROS ORIENTAL

  • G.R. No. 108505 December 5, 1997 - PEOPLE OF THE PHIL. v. ARIEL OLIVA

  • G.R. No. 117196 December 5, 1997 - LADISLAO P. VERGARA v. NLRC, ET AL.

  • G.R. Nos. 119078-79 December 5, 1997 - PEOPLE OF THE PHIL. v. DELVIN ARELLANO, ET AL.

  • G.R. No. 120318 December 5, 1997 - RICARDO CANICOSA v. COMELEC, ET AL.

  • G.R. No. 121878 December 5, 1997 - PEOPLE OF THE PHIL. v. HECTOR ESTARES

  • G.R. No. 124456 December 5, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 108722 December 9, 1997 - PEOPLE OF THE PHIL. v. ERLINDA CARREON

  • G.R. No. 124554 December 9, 1997 - ETERNAL GARDENS MEMORIAL PARK CORP. v. COURT OF APPEALS, ET AL.

  • Adm. Matter SB-95-6-P December 10, 1997 - PEPITO GUILLEN v. LUIS CONSTANTINO

  • G.R. No. 108731 December 10, 1997 - DEL MAR DOMESTIC ENTERPRISES, ET AL. v. NLRC, ET AL.

  • G.R. No. 121241 December 10, 1997 - FURUSAWA RUBBER PHIL., INC. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 109169 December 12, 1997 - PEOPLE OF THE PHIL. v. ROLANDO ABRERA, ET AL.

  • G.R. No. 110715 December 12, 1997 - ELBERT TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111953 December 12, 1997 - RENATO C. CORONA, ET AL. v. UNITED HARBOR PILOTS ASSN. OF THE PHILS., ET AL.

  • G.R. Nos. 112287 & 112350 December 12, 1997 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114905 December 12, 1997 - PEOPLE OF THE PHIL. v. DONNIE PERALTA

  • G.R. Nos. 117483-84 December 12, 1997 - PEOPLE OF THE PHIL. v. NORLITO CARA, ET AL.

  • G.R. No. 122487 December 12, 1997 - PEOPLE OF THE PHIL. v. REYNALDO BERROYA, ET AL.

  • G.R. No. 122653 December 12, 1997 - PURE FOODS CORP. v. NLRC, ET AL.

  • G.R. Nos. 122743 & 127215 December 12, 1997 - TELEFUNKEN SEMICONDUCTORS EMPLOYEES UNION v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 123595 December 12, 1997 - SAMMY MALACAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 126623 December 12, 1997 - ERNESTO MORALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129938 December 12, 1997 - ALFREDO B. ENOJAS, JR. v. COMELEC, ET AL.

  • G.R. No. 109714 December 15, 1997 - BETTER BUILDINGS, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 110163 December 15, 1997 - EDUARDO A. ZANORIA v. COURT OF APPEALS

  • G.R. No. 111244 December 15, 1997 - ARTURO ALANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 113466 December 15, 1997 - NATIONAL FEDERATION OF LABOR, ET AL. v. NLRC, ET AL.

  • G.R. No. 116487 December 15, 1997 - PEOPLE OF THE PHIL. v. MICHAEL CABAL, ET AL.

  • G.R. No. 118086 December 15, 1997 - SUSAN G. CARUNGCONG v. NLRC, ET AL.

  • G.R. No. 118463 December 15, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 122655 December 15, 1997 - REYNALDO B. ALFANTE v. NLRC, ET AL.

  • G.R. No. 123648 December 15, 1997 - ABDULLAH A. JAMIL v. COMELEC, ET AL.

  • G.R. No. 130148 December 15, 1997 - JOSE BORDADOR, ET AL. v. BRIGIDA D. LUZ, ET AL.

  • Adm. Matter No. P-94-1088 December 17, 1997 - OFFICE OF THE COURT ADMINISTRATOR v. ADMER L. FERRER

  • Adm. Matter No. RTJ-97-1394 December 17, 1997 - ROMEO STA. ANA v. GRACIANO H. ARINDAY, JR.

  • G.R. No. 121736 December 17, 1997 - PEOPLE OF THE PHIL. v. SAPAL MIDTOMOD

  • Adm. Case No. 4349 December 22, 1997 - LOURDES R. BUSINOS v. FRANCISCO RICAFORT

  • Adm. Matter No. RTJ-97-1395 December 22, 1997 - PEDRO A. SAN JUAN v. LORE V. BAGALASCA

  • G.R. No. 110097 December 22, 1997 - PEOPLE OF THE PHIL. v. ARNULFO ASTORGA

  • G.R. No. 117873 December 22, 1997 - PEOPLE OF THE PHIL. v. MERCY SANTOS

  • G.R. No. 118917 December 22, 1997 - PHILIPPINE DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 120435 & 120974 December 22, 1997 - ESTATE OF THE LATE MERCEDES JACOB, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124724 December 22, 1997 - RENE UY GOLANGCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125752 December 22, 1997 - IRENEO A. MANAHAN v. ARTURO M. BERNARDO, ET AL.

  • G.R. No. 128369 December 22, 1997 - RODOLFO CAOILI v. COURT OF APPEALS, ET AL.

  • G.R. No. 129783 December 22, 1997 - MARCELINO C. LIBANAN v. HRET, ET AL.

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    Adm. Matter No. RTJ-97-1394   December 17, 1997 - ROMEO STA. ANA v. GRACIANO H. ARINDAY, JR.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [Adm. Matter No. RTJ-97-1394. December 17, 1997.]

    ROMEO STA. ANA, Complainant, v. JUDGE GRACIANO H. ARINDAY, JR., Regional Trial Court, Branch 69, Silay City, Negros Occidental, Respondent.


    D E C I S I O N


    MENDOZA, J.:


    This concerns a letter-complaint dated July 17, 1996 against Judge Graciano Arinday, Jr. of the Regional Trial Court, Branch 69, Silay City, Negros Occidental, for delay in the resolution of Criminal Cases Nos. 3094-69 and 3095-69 which complainant had filed against Minerva Ercilla for estafa and violation of B.P. Blg. 22. Complainant alleges that the prosecution rested its case on October 11, 1994 but, despite the fact that the accused did not introduce any evidence in her defense, respondent judge "literally slept" on the cases.chanrobles.com:cralaw:red

    In his comment, respondent judge alleges that the aforesaid cases were among the 200 transferred to his sala when he assumed office on May 31, 1994 and that before that there had been no hearing conducted in those cases; that while it is true that complainant’s cases were submitted for resolution on October 11, 1994, he decided to wait, relying on the possibility of an amicable settlement by the parties because complainant’s counsel had manifested during trial that complainant was open to settlement and in similar cases before him (Criminal Cases Nos. 3592-69 and 3600-69 against Delia Larang) complainant had in fact settled with the accused; that complainant apparently was not serious about prosecuting the accused but was only interested in collecting from her and was thus merely using the court as a "collection agency." In any case, respondent judge says he will decide the criminal cases ‘’very soon."cralaw virtua1aw library

    Complainant alleges in reply that it was respondent judge who suggested an amicable settlement by asking his counsel the terms for such a settlement and that he agreed with the suggestion to avoid the inconvenience of a public trial but the failure of the accused Minerva Ercilla to respond to the judge’s proposal should have prompted him to proceed with the cases; that he withdrew his two other cases against Delia Larang because of respondent judge’s "lukewarm attitude" and "apparent partiality" for Minerva Ercilla in Criminal Cases Nos. 3094-69 and 3095-69; that it was not for respondent judge to speculate on his motives in filing the cases.chanrobles.com : virtual law library

    The question in this case is whether respondent judge is guilty of delay in deciding the cases which complainant had filed against Minerva Ercilla. The answer is in the affirmative. Respondent judge admits that the cases were submitted for resolution on October 11, 1994 when the prosecution rested its case and accused was considered to have waived her right to introduce evidence by her failure to do so. Three years had since gone by without a decision in sight as respondent judge has admitted in his comment dated September 23, 1995 that he had only "started assessing the evidence through the records before the receipt of such complaint."cralaw virtua1aw library

    Respondent judge’s excuse, that he wanted to give the parties a chance to arrive at an amicable settlement, is not persuasive. While his desire to ease his workload by having the parties arrive at such arrangement is understandable, three years is more than enough to make him realize the futility of settlement and he should therefore have waited no longer. Under the law, he is required to decide cases within 90 days. 1 Indeed, a judge cannot wait indefinitely for the parties to come to a settlement without opening himself to suspicion of partiality and bias. As this Court has held: "Delay in the disposition of cases erodes the faith and confidence of our people in the judiciary, lowers its standards, and brings it into disrepute." 2

    On the other hand, the Court appreciates the fact that respondent judge received quite a number of cases upon his assumption of office and therefore believes that a fine of P2,000.00 is sufficient to impress on him the need to dispose of cases with deliberate speed.chanroblesvirtualawlibrary

    WHEREFORE, the Court RESOLVED to (1) DOCKET this case as administrative matter, (2) IMPOSE a FINE of P2,000.00 on Judge Graciano H. Arinday, Jr., of the RTC, Branch 69, of Silay City, Negros Occidental with WARNING that commission of the same or similar acts will be dealt with more severely, and (3) DIRECT Judge Arinday, Jr. to RESOLVE with deliberate speed Criminal Cases Nos. 3094-69 and 3095-69.

    SO ORDERED.

    Regalado, Puno and Martinez, JJ., concur.

    Endnotes:



    1. Art. VIII. 15 of the Constitution provides in pertinent part that" (1)All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts." Canon 3, Rule 3.05 of the Code of Judicial Conduct, in turn provides that "A judge shall dispose of the court’s business promptly and decide cases within the required periods."cralaw virtua1aw library

    2. Re: Judge Luis B. Bello, Jr., 247 SCRA 519 (1995).

    Adm. Matter No. RTJ-97-1394   December 17, 1997 - ROMEO STA. ANA v. GRACIANO H. ARINDAY, JR.


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