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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
 

   
February-1997 Jurisprudence                 

  • G.R. No. 99039 February 3, 1997 - FORD PHIL., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100748 February 3, 1997 - JOSE BARITUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108547 February 3, 1997 - FELICIDAD VDA. DE CABRERA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112761-65 February 3, 1997 - PEOPLE OF THE PHIL. v. PORFERIO M. PEPITO

  • G.R. No. 114183 February 3, 1997 - PEOPLE OF THE PHIL. v. JESUS BORJA

  • G.R. No. 119310 February 3, 1997 - JULIETA V. ESGUERRA v. COURT OF APPEALS, ET AL.

  • G.R. No. 119935 February 3, 1997 - UNITED SOUTH DOCKHANDLERS, INC. v. NLRC, ET AL.

  • G.R. No. 122156 February 3, 1997 - MANILA PRINCE HOTEL v. GSIS, ET AL.

  • G.R. No. 123332 February 3, 1997 - AUGUSTO GATMAYTAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 118915 February 4, 1997 - CAPITOL MEDICAL CENTER-ACE-UFSW v. BIENVENIDO LAGUESMA, ET AL.

  • Adm. Matter No. P-94-1110 February 6, 1997 - MELENCIO S. SY v. CARMELITA S. MONGCUPA

  • Adm. Matter No. P-96-1203 February 6, 1997 - ERNESTO A. REYES v. NORBERTO R. ANOSA

  • G.R. No. 110668 February 6, 1997 ccc zz

    SMITH, BELL & CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111682 February 6, 1997 - ZENAIDA REYES v. COURT OF APPEALS, ET AL.

  • G.R. No. 117982 February 6, 1997 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 118843 February 6, 1997 - ERIKS PTE. LTD. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118950-54 February 6, 1997 - PEOPLE OF THE PHIL. v. LUCRECIA GABRES

  • G.R. No. 119322 February 6, 1997 - COMMISSIONER OF INTERNAL REVENUE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 98252 February 7, 1997 - PEOPLE OF THE PHIL. v. RENE JANUARIO, ET AL.

  • G.R. No. 110391 February 7, 1997 - PEOPLE OF THE PHIL. v. DOLORES DE LEON

  • G.R. No. 112191 February 7, 1997 - FORTUNE MOTORS (PHILS.) CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112714-15 February 7, 1997 - PEOPLE OF THE PHIL. v. ANTONIO SAGARAL

  • G.R. No. 117472 February 7, 1997 - PEOPLE OF THE PHIL. v. LEO ECHEGARAY

  • G.R. No. 119657 February 7, 1997 - UNIMASTERS CONGLOMERATION, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119772-73 February 7, 1997 - PEOPLE OF THE PHIL. v. NIGEL RICHARD GATWARD

  • G.R. No. 125249 February 7, 1997 - JIMMY S. DE CASTRO v. COMELEC, ET AL.

  • Adm. Matter No. P-95-1161 February 10, 1997 - JESUS N. BANDONG v. BELLA R. CHING

  • G.R. No. 108894 February 10, 1997 - TECNOGAS PHIL. MFG. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109887 February 10, 1997 - CECILIA CARLOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 117702 February 10, 1997 - PEOPLE OF THE PHIL. v. CRISPIN YPARRAGUIRRE

  • G.R. No. 124553 February 10, 1997 - ROSARIO R. TUASON v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-95-1070 February 12, 1997 - MARIA APIAG, ET AL. v. ESMERALDO G. CANTERO

  • Adm. Matter No. P-87-100 February 12, 1997 - FELISA ELIC VDA. DE ABELLERA v. NEMESIO N. DALISAY

  • Adm. Matter No. P-96-1231 February 12, 1997 - ISAIAS P. DICDICAN v. RUSSO FERNAN, JR., ET AL.

  • G.R. No. 68166 February 12, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 104666 February 12, 1997 - PEOPLE OF THE PHIL. v. BIENVENIDO OMBROG

  • G.R. No. 115129 February 12, 1997 - IGNACIO BARZAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 116511 February 12, 1997 - PEOPLE OF THE PHIL. v. COLOMA TABAG, ET AL.

  • G.R. No. 118025 February 12, 1997 - PEOPLE OF THE PHIL. v. REBECCO SATOR

  • G.R. No. 120769 February 12, 1997 - STANLEY J. FORTICH v. COURT OF APPEALS, ET AL.

  • G.R. No. 125531 February 12, 1997 - JOVAN LAND v. COURT OF APPEALS, ET AL.

  • G.R. No. 126013 February 12, 1997 - HEINZRICH THEIS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107554 February 13, 1997 - CEBU INT’L. FINANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108763 February 13, 1997 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112968 February 13, 1997 - PEOPLE OF THE PHIL. v. ARSENIO LETIGIO

  • G.R. No. 114144 February 13, 1997 - PEOPLE OF THE PHIL. v. FLORENTINO ABAD

  • G.R. Nos. 114711 & 115889 February 13, 1997 - GARMENTS and TEXTILE EXPORT BOARD v. COURT OF APPEALS, ET AL.

  • G.R. No. 122728 February 13, 1997 - CASIANO A. ANGCHANGCO v. OMBUDSMAN, ET AL.

  • Adm. Matter No. RTJ-96-217 February 17, 1997 - MANUEL F. CONCEPCION v. JESUS V. AGANA, ET AL.

  • Adm. Matter No. RTJ 97-1369 February 17, 1997 - OCTAVIO DEL CALLAR v. IGNACIO L. SALVADOR, ET AL.

  • G.R. Nos. 103501-03 & 103507 February 17, 1997 - LUIS A. TABUENA v. SANDIGANBAYAN, ET AL.

  • G.R. No. 119247 February 17, 1997 - CESAR SULIT v. COURT OF APPEALS, ET AL.

  • G.R. No. 119536 February 17, 1997 - GLORIA S. DELA CRUZ v. NLRC, ET AL.

  • G.R. No. 121017 February 17, 1997 - OLIVIA B. CAMANAG v. JESUS F. GUERRERO, ET AL.

  • G.R. No. 122165 February 17, 1997 - ALA MODE GARMENTS, INC. v. NLRC, ET AL.

  • G.R. No. 123823 February 17, 1997 - MODESTO G. ESPAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 96249 February 19, 1997 - PEOPLE OF THE PHIL. v. ALIPIO QUIAMCO, ET AL.

  • G.R. No. 114396 February 19, 1997 - PEOPLE OF THE PHIL. v. WILLIAM ROBERT BURTON

  • G.R. No. 118140 February 19, 1997 - PEOPLE OF THE PHIL. v. DANTE PIANDIONG, ET AL.

  • G.R. No. 121084 February 19, 1997 - TOYOTA MOTOR PHILS. CORP. v. TOYOTA MOTOR PHILS. CORP. LABOR UNION, ET AL.

  • G.R. No. 107916 February 20, 1997 - PERCIVAL MODAY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112288 February 20, 1997 - DELSAN TRANSPORT LINES, INC. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-94-1034 February 21, 1997 - LEWELYN S. ESTRELLER v. SOFRONIO MANATAD, JR.

  • G.R. No. 73399 February 21, 1997 - PEOPLE OF THE PHIL. v. RAMON ABEDES

  • G.R. No. 117394 February 21, 1997 - HINATUAN MINING CORP. v. NLRC, ET AL.

  • A.M. No. SDC-97-2-P February 24, 1997 - SOPHIA ALAWI v. ASHARY M. ALAUYA

  • G.R. No. 110427 February 24, 1997 - CARMEN CAÑIZA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-94-1195 February 26, 1997 - ROMEO NAZARENO, ET AL. v. ENRIQUE M. ALMARIO

  • G.R. No. 94237 February 26, 1997 - BUILDING CARE CORP. v. NLRC, ET AL.

  • G.R. No. 105294 February 26, 1997 - PACITA DAVID-CHAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 107671 February 26, 1997 - REMMAN ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. No. 109849 February 26, 1997 - MAXIMINO FUENTES v. COURT OF APPEALS, ET AL.

  • G.R. No. 110098 February 26, 1997 - PEOPLE OF THE PHIL. v. BUENAFE AZUGUE

  • G.R. No. 111538 February 26, 1997 - PARAÑAQUE KINGS ENTERPRISES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116033 February 26, 1997 - ALFREDO L. AZARCON v. SANDIGANBAYAN, ET AL.

  • G.R. No. 123404 February 26, 1997 - AURELIO SUMALPONG v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-97-1368 February 27, 1997 - ERNESTO RIEGO, ET AL. v. EMILIO LEACHON, JR.

  •  





     
     

    Adm. Matter No. P-96-1231   February 12, 1997 - ISAIAS P. DICDICAN v. RUSSO FERNAN, JR., ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [Adm. Matter No. P-96-1231. February 12, 1997.]

    JUDGE ISAIAS P. DICDICAN, Complainant, v. RUSSO FERNAN, JR., Clerk III and RAMIELA BOHOLST-EGOS, Clerk III, Respondents.


    SYLLABUS


    1. CONSTITUTIONAL LAW; COURT; COURT EMPLOYEES MUST ADHERE TO EXACTING STANDARDS OF MORALITY AND DECENCY ON BOTH PROFESSIONAL AND PRIVATE CONDUCT. — It bears emphasis that the image of a court of justice is mirrored in the conduct, official and otherwise, of the personnel who work thereat from the judge to the lowest of its personnel. Court employees have been enjoined to adhere to the exacting standards of morality and decency in their professional and private conduct in order to preserve the good name and integrity of the courts of justice.

    2. REMEDIAL LAW; EVIDENCE; SUBMISSION OF RESIGNATION AND FAILURE TO ANSWER (CHARGE BY COURT EMPLOYEES, INDICATION OF GUILT. — In the case at bar, we are in full agreement with the findings of fact of the investigating judge and the recommendation of Deputy Court Administrator Abesamis. The records confirm without doubt the guilt of respondent-employees. The allegations of complainant in his Affidavit and the statements of his witnesses regarding the incident remain unrebutted. Despite receipt of the notice of hearing of the administrative complaint filed against them, respondent did not appear at the investigation or submit their counter-affidavits. Instead, two (2) days after their sexual indiscretion, respondents successively tendered their resignation from the judiciary. Nonetheless, their submission of resignation would not serve to exculpate them for non-acceptance of their resignation renders the same ineffective and inoperative. To be sure, respondents’ failure to answer the charges without valid reason and their precipitate resignation from service are indubitable indicia of guilt. From the evidence on record, we thus find that complainant had sufficiently established his charge of immorality against respondents.

    3. CONSTITUTIONAL LAW; SUPREME COURT; ADMINISTRATIVE SUPERVISION OF COURT PERSONNEL; ILLICIT RELATIONSHIP AMOUNTS TO DISGRACEFUL AND IMMORAL CONDUCT; DISMISSAL WARRANTED. — Respondents’ reprehensible acts of maintaining an illicit relationship with each other, both of whom having their own separate family, and audaciously engaging in sexual congress inside the court personnel’s office amount to disgraceful and immoral conduct, a grave offense, which warrants a severe administrative penalty. In the light of uncontroverted evidence on record, respondents RUSSO FERNAN, JR. and RAMIELA BOHOLST-EGOS, Clerks III, are hereby found guilty of DISGRACEFUL and IMMORAL CONDUCT and meted the penalty of dismissal from the service, effective immediately, with forfeiture of all retirement benefits and accrued leave credits and with prejudice to re-employment in any branch or instrumentality of the government, including government-owned or controlled corporations.


    D E C I S I O N


    PER CURIAM:


    Before us is an administrative complaint initiated by JUDGE ISAIAS P. DICDICAN, Branch XI, Regional Trial Court (RTC) of Cebu City against respondents RUSSO FERNAN, JR., Clerk III of the same court, and MRS. RANIELA JOSEFA BOHOLST-EGOS, Clerk III, Office of the Clerk of Court, RTC, Cebu City for disgraceful and immoral conduct.

    The facts are undisputed.

    In the morning of August 24, 1996, a Saturday, complainant Judge Dicdican and his wife, after attending a wedding, decided to pass by the former’s office at Branch XI, RTC, Cebu City, located at the second floor of the Palace of Justice.

    When the couple reached the entrance of complainant’s office, complainant noticed that the door of his personnel’s office was not padlocked as was usually done. Sensing that someone could be inside the office, complainant, accompanied by his wife, pushed the door and discovered it was bolted from inside. Using his own set of keys, complainant managed to open the door and enter the room. Inside the room, he saw a naked man spring from the sofa near the office table and run towards another table, trying to seek cover. The man left his shirt and shorts on the floor, near the sofa. Complainant recognized him to be respondent RUSSO S. FERNAN, JR., a clerk in his office who is in charge of the records of criminal cases in his sala.

    Complainant approached the sofa where respondent Fernan came from. While walking towards the sofa, he noticed another person under an adjacent table who was trying to reach out for a jumper and t-shirt on top of the table. Complainant asked respondent Fernan who his companion was. Respondent identified his companion as "Didi" who turned out to be respondent MRS. RANIELA BOHOLST-EGOS, Clerk III in the Office of the Clerk of Court, RTC Cebu City and assigned at the RTC Library, located at the third floor of the Palace of Justice.

    Complainant asked respondent Fernan what was happening and the latter replied: "Nasapnan lang gayud, Judge" ("We were just caught, Judge."). Complainant then requested his wife to summon other people who could serve as witnesses to the scene. Among those who responded were Provincial Guard ALFREDO ABELLA, assigned to guard the Palace of Justice, HENRY ESPINOSA, supervisor of the maintenance personnel of the Palace of Justice, utility workers ARIEL MOMONGAN and IGNACIO CANDONES, plumber QUIRINO ALBERIA, and janitors CELSO MIANO and IKE TUNACAO. They all saw respondent Fernan behind a table, still naked, and respondent Egos hiding under another table. Respondent Fernan, Jr. was pleading to complainant: "Please Judge, sakto na Judge" (Please Judge, enough Judge.). 1 Complainant replied: "Dili ko gusto nga ang akong korte himoong motel" (I would not want my court to be transformed into a motel.). 2 Complainant then asked all the parties to vacate the office. 3

    After reducing his statement and those of his witnesses in writing, complainant judge endorsed his complaint and his witnesses’ Affidavits to Executive Judge PRISCILA S. AGANA for appropriate action. 4

    In the meantime, respondent Fernan tendered his resignation to complainant judge, effective August 26, 1996, allegedly due to health reasons. 5 The next day, respondent Egos filed her resignation, citing "personal reasons" for the filing. 6

    Executive Judge Agana was directed by Deputy Court Administrator BERNARDO P. ABESAMIS to conduct an immediate investigation of the incident. However, since the mother-in-law of respondent Egos was employed in the office of Executive Judge Agana, the latter inhibited herself and delegated the task of investigating the matter to JUDGE LEONARDO CANARES, Branch X, RTC of Cebu City. 7

    Pursuant to said Order, Judge Canares summoned the parties and their witnesses to appear and testify before him about the administrative complaint. Respondents were further directed to submit their Counter-Affidavits. 8 However, on the scheduled date of hearing, only complainant judge and his witnesses appeared.

    In his Investigation Report, 9 Judge Canares, relying on the uncontroverted evidence of the complainant and his witnesses, found respondents guilty of disgraceful and immoral conduct.

    Deputy Court Administrator Abesamis affirmed the findings of investigating Judge Canares and recommended that respondents be dismissed from service, with forfeiture of all benefits and with prejudice to re-employment in any branch of government. 10

    It bears emphasis that the image of a court of justice is mirrored in the conduct, official and otherwise, of the personnel who work thereat, from the judge to the lowest of its personnel. Court employees have been enjoined to adhere to the exacting standards of morality and decency in their professional and private conduct in order to preserve the good name and integrity of the courts of justice.chanroblesvirtuallawlibrary

    In the case at bar, we are in full agreement with the findings of fact of the investigating judge and the recommendation of Deputy Court Administrator Abesamis. The records confirm without doubt the guilt of respondent- employees. The allegations of complainant in his Affidavit and the statements of his witnesses regarding the incident remain unrebutted. Despite receipt of the notice of hearing of the administrative complaint filed against them, respondents did not appear at the investigation or submit their counter-affidavits. Instead, two (2) days after their sexual indiscretion, respondents successively tendered their resignation from the judiciary. Nonetheless, their submission of resignation would not serve to exculpate them for non-acceptance of their resignation renders the same ineffective and inoperative. 11 To be sure, respondents’ failure to answer the charges without valid reason and their precipitate resignation from service are indubitable indicia of guilt. From the evidence on record, we thus find that complainant had sufficiently established his charge of immorality against respondents.

    Hence, respondents’ reprehensible acts of maintaining an illicit relationship with each other, both of whom having their own separate family, and audaciously engaging in sexual congress inside the court personnel’s office amount to disgraceful and immoral conduct, a grave offense, which warrants a severe administrative penalty.

    In the light of uncontroverted evidence on record, respondents RUSSO FERNAN, JR. and RAMIELA BOHOLST-EGOS, Clerks III, are hereby found guilty of DISGRACEFUL and IMMORAL CONDUCT and meted the penalty of dismissal from the service, effective immediately, with forfeiture of all retirement benefits and accrued leave credits and with prejudice to re-employment in any branch or instrumentality of the government, including government-owned or controlled corporations. Let a copy of this Decision be appended to respondents’ 201 files.

    SO ORDERED.

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

    Endnotes:



    1. Joint Affidavit of Celso Miano and Ike Tunacao; Original Records, p. 14.

    2. Affidavit of Henry Espinosa; Original Records, p. 16.

    3. Affidavit-Complaint of Judge Dicdican; Original Records, p. 11.

    4. First Indorsement, dated August 28, 1996; Original Records, p. 10.

    5. Original Records, p. 19 .

    6. Id., p. 18.

    7. Memorandum Order, Original Record, p. 9.

    8. Order, dated August 30, 1996; Original Records, pp. 7-8.

    9. Original Records, pp. 3-5.

    10. Rollo, pp. 1-2.

    11. Tadeo v. Daquiz, Adm. Matter No. P-91-650, July 21, 1993, 224 SCRA 656; Pardo v. Cunanan, A.M. No. P-87-73, September 1, 1995, 248 SCRA 1.

    Adm. Matter No. P-96-1231   February 12, 1997 - ISAIAS P. DICDICAN v. RUSSO FERNAN, JR., ET AL.


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