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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.

  •  





     
     

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 73399. February 21, 1997.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAMON ABEDES Y SALGADO, Accused-Appellant.

    The Solicitor General for Plaintiff-Appellee.

    Sarmiento Inton Cabaero Tiu & Associates for Accused-Appellant.


    SYLLABUS


    CRIMINAL LAW; REDUCED PENALTIES PRESCRIBED UNDER THE PROVISIONS OF THE DANGEROUS DRUGS ACT AS AMENDED BY R.A. 7659 AND THE RULING IN PEOPLE VS. SIMON; APPLICATION THEREOF IN CASE AT BAR. — Invoking People v. Simon which had ruled that the reduced penalties prescribed under the provisions of the Dangerous Drugs Act, as amended by R.A. No. 7659, could be retroactively applied, Ramon Abedes filed the instant "Urgent Motion to Modify Decision." Conformably with the second paragraph of Section 20, Article IV of R.A. No. 6425, as amended by Section 17 of R.A. No. 7659 and as construed and applied in the aforesaid case of People v. Simon, the newly prescribed penalty for his offense would only be prision correccional. Applying the Indeterminate Sentence Law, the range of indeterminate penalty on Ramon Abedes, modified accordingly, should thereby be from six (6) months of arresto mayor as minimum to six (6) years of prision correccional as maximum. It appears that from his initial confinement in October 1984 up to the present, Abedes has already served at least twelve (12) years and three (3) months of imprisonment or well beyond the maximum of six (6) years of prision correccional.


    R E S O L U T I O N


    VITUG, J.:


    Herein accused Ramon Abedes y Salgado was charged on 05 October 1984 with selling and delivering two small plastic bags, each containing dried marijuana leaves and seeds having a total weight of 6.5 grams, as well as a plastic bag of marijuana cake, weighing 17.5 grams, to a Narcom poseur-buyer 1 in violation of Section 4, Article II, of Republic Act 6425, as amended.

    In a decision, dated 27 June 1985, Accused was connected by the Regional Trial Court of Quezon City, Branch 102; viz:jgc:chanrobles.com.ph

    "WHEREFORE, the Court finds accused Ramon Abedes y Salgado, guilty beyond reasonable doubt of the crime of violation of Sec. 4, Art. II, of Rep. Act No. 6425, as amended by P.D. 1675, otherwise known as the Dangerous Drugs Act of 1972, and pursuant to Sec. 4 of said law, hereby sentences him to suffer the penalty of life imprisonment (30 years) and to pay a fine of P20,000.00, with subsidiary imprisonment, in case of insolvency, and to pay the costs.

    "The 2 tea bags of dried marijuana leaves and 1 tea bag of marijuana cake are ordered confiscated and forfeited in favor of the government, to be disposed of (destroyed) according to the law.

    "SO ORDERED." 2

    The judgment was affirmed by this Court 3 in its decision, dated 28 November 1986, which concluded:jgc:chanrobles.com.ph

    "WHEREFORE, this appeal is hereby DENIED. The trial court’s decision is affirmed but the portion thereof which reads 30 years should be eliminated (People v. Gonzales, 58 SCRA 266, 271)." 4

    Invoking People v. Simon 5 which had ruled that the reduced penalties prescribed under the provisions of the Dangerous Drugs Act, as amended by R.A. No. 7659, could be retroactively applied, Ramon Abedes filed the instant "Urgent Motion to Modify Decision." Conformably with the second paragraph of Section 20, Article IV of R.A. No. 6425, as amended by Section 17 of R.A. No. 7659 and as construed and applied in the aforesaid case of People v. Simon, the newly prescribed penalty for his offense would only be prision correccional. Applying the Indeterminate Sentence Law, the range of indeterminate penalty on Ramon Abedes, modified accordingly, should thereby be from six (6) months of arresto mayor as minimum to six (6) years of prision correccional as maximum.

    It appears that from his initial confinement in October 1984 up to the present, Abedes has already served at least twelve (12) years and three (3) months of imprisonment or well beyond the maximum of six (6) years of prision correccional.

    In line with this Court’s resolution in Rolando Angeles y Bombita v. Director of New Bilibid Prison, 6 dated 04 January 1995, to liberally construe the formalities required for habeas corpus, in the invocation of the retroactive effect of R.A. No. 7659, the Court hereby treats the instant motion to be in substantial compliance therewith and directs the accrual of the newly prescribed penalty to his benefit.

    WHEREFORE, the instant motion to modify decision is GRANTED. The immediate release from custody of Ramon Abedes y Salgado is hereby ordered unless he should still be detained for some other lawful cause.chanroblesvirtuallawlibrary:red

    SO ORDERED.

    Padilla, Bellosillo, Kapunan and Hermosisima, Jr., JJ., concur.

    Endnotes:



    1. Rollo, p. 4.

    2. Rollo, pp. 17-18.

    3. G.R. No. 73399.

    4. Rollo, pp. 58-59.

    5. 234 SCRA 555.

    6. G.R. No. 117568, 240 SCRA 49.

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


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