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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-1997 Jurisprudence                 

  • Adm. Matter No. MTJ-97-1123 October 2, 1997 - JOSELITO R. ENRIQUEZ v. RUBY B. CAMARISTA

  • Adm. Matter No. P-97-1255 October 2, 1997 - SIBANAH E. USMAN v. JULIUS G. CABE

  • Adm. Matter No. RTJ-93-1080 October 2, 1997 - HANSON SANTOS v. SANCHO DAMES II, ET AL.

  • G.R. No. 102900 October 2, 1997 - MARCELINO ARCELONA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108897 October 2, 1997 - SARKIES TOURS PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116184 October 2, 1997 - NATION BROADCASTING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 116720 October 2, 1997 - PEOPLE OF THE PHIL. v. ROEL ENCINADA

  • G.R. No. 117240 October 2, 1997 - PNCC v. NLRC, ET AL.

  • G.R. No. 120961 October 2, 1997 - DISTILLERIA WASHINGTON v. LA TONDEÑA DISTILLERS, ET AL.

  • G.R. No. 121449 October 2, 1997 - SANYO TRAVEL CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 123172 October 2, 1997 - PEOPLE OF THE PHIL. v. FELIX DE GUIA

  • G.R. No. 102366 October 3, 1997 - PEOPLE OF THE PHIL. v. HECTOR VASQUEZ, ET AL.

  • Adm. Matter No. P-97-1250 October 6, 1997 - DOMINADOR D. BORNASAL, JR. v. JAIME T. MONTES

  • G.R. No. 83402 October 6, 1997 - ALGON ENGINEERING CONSTRUCTION CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 103585 October 6, 1997 - NATIONAL ELECTRIFICATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 118935 October 6, 1997 - PEOPLE OF THE PHIL. v. FERNANDO LO-AR

  • G.R. No. 123445 October 6, 1997 - BENJAMIN TOLENTINO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 104774-75 October 8, 1997 - ZACARIAS OARDE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107992 October 8, 1997 - ODYSSEY PARK, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110115 October 8, 1997 - RODOLFO TIGNO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125616 October 8, 1997 - MARIO RABAJA v. COURT OF APPEALS, ET AL.

  • G.R. No. 95694 October 9, 1997 - VICENTE VILLAFLOR v. COURT OF APPEALS, ET AL.

  • G.R. No. 98328 October 9, 1997 - JUAN C. CARVAJAL v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 106632 & 106678 October 9, 1997 - DORIS TERESA HO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 111194 October 9, 1997 - PEOPLE OF THE PHIL. v. WILFREDO G. TEODORO

  • G.R. No. 113447 October 9, 1997 - ALAIN MANALILI v. COURT OF APPEALS, ET AL.

  • G.R. No. 118992 October 9, 1997 - PEOPLE OF THE PHIL. v. CELERINO CASTROMERO

  • Adm. Case No. 4467 October 10, 1997 - GIL A. DE LEON, ET AL. v. RODOLFO BONIFACIO, ET AL.

  • G.R. No. 103028 October 10, 1997 - CARLOTA DELGADO VDA. DE DELA ROSA v. COURT OF APPEALS

  • G.R. No. 107434 October 10, 1997 - CITIBANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111148 October 10, 1997 - ENRIQUE A. SOBREPEÑA, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115938 October 10, 1997 - PEOPLE OF THE PHIL. v. FERNANDO GALERA

  • G.R. No. 119360 October 10, 1997 - PAL, INC. v. ACTING SECRETARY OF LABOR, ET AL.

  • G.R. No. 119523 October 10, 1997 - ISABELO VIOLETA, ET AL. v. NLRC, ET AL.

  • G.R. No. 120191 October 10, 1997 - LORETO ADALIN, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-96-1199 October 13, 1997 - VLADIMIR BRUSOLA v. EUDARLIO B. VALENCIA, JR.

  • G.R. No. 68166 October 13, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • Adm. Matter No. MTJ-91-562 October 16, 1997 - EQUATORIAL REALTY DEVELOPMENT, INC. v. CASIANO P. ANUNCIACION

  • Adm. Matter No. MTJ-97-1139 October 16, 1997 - ROBERTO ESPIRITU v. EDUARDO JOVELLANOS

  • Adm. Matter No. P-92-747 October 16, 1997 - JESUS R. LLAMADO v. ARMANDO RAVELO

  • Adm. Matter No. P-96-1189 October 16, 1997 - LELU P. CONTRERAS v. SALVADOR C. MIRANDO

  • Adm. Matter No. P-96-1207 October 16, 1997 - D. ROY A. MASADAO, ET AL. v. GERALDINE GLORIOSO, ET AL.

  • Adm. Matter No. P-97-1252 October 16, 1997 - ORESTES R. SANTOS v. NORBERTO V. DOBLADA, JR.

  • Adm. Matter No. RTJ-97-1375 October 16, 1997 - ROMULO B. MACALINTAL v. ANGELITO C. TEH

  • Adm. Matter No. RTJ-97-1391 October 16, 1997 - ROMULO A. RIVERA v. EFREN A. LAMORENA

  • Adm. Matter No. 97-9-97-MCTC October 16, 1997 - REPORT ON THE JUDICIAL AUDIT OF THE MCTC OF DINGLE-DUENAS, ILOILO

  • G.R. No. 94457 October 16, 1997 - VICTORIA LEGARDA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 102936 October 16, 1997 - LEVY AGAO, ET AL. v. NLRC, ET AL.

  • G.R. No. 105668 October 16, 1997 - PEOPLE OF THE PHIL. v. HERNANDO DALABAJAN, ET AL.

  • G.R. No. 112745 October 16, 1997 - AQUILINO T. LARIN v. EXECUTIVE SECRETARY, ET AL.

  • G.R. No. 113271 October 16, 1997 - WATEROUS DRUG CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 115282 October 16, 1997 - PEOPLE OF THE PHIL. v. MEDEL MAMALAYAN, ET AL.

  • G.R. Nos. 117399-117400 October 16, 1997 - PEOPLE OF THE PHIL. v. ZALDY JAGOLINGAY, ET AL.

  • G.R. No. 118230 October 16, 1997 - ABUNDIA BINGCOY v. COURT OF APPEALS, ET AL.

  • G.R. No. 118651 October 16, 1997 - PIONEER TEXTURIZING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 118853 October 16, 1997 - BRAHM INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. No. 118946 October 16, 1997 - PEOPLE OF THE PHIL. v. RICO JAMLAN SALEM

  • G.R. No. 121582 October 16, 1997 - SOUTHERN COTABATO DEV. & CONSTRUCTION, ET AL. v. NLRC, ET AL.

  • G.R. No. 121687 October 16, 1997 - HEIRS OF MARCELINO PAGOBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 123248 October 16, 1997 - TWIN ACE HOLDINGS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128054 October 16, 1997 - KILOSBAYAN, INC., ET AL. v. COMELEC, ET AL.

  • G.R. No. 113003 October 17, 1997 - ALBERTA YOBIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113788 October 17, 1997 - PEOPLE OF THE PHIL. v. NORLITO GERON

  • G.R. No. 117459 October 17, 1997 - MOISES B. PANLILIO v. NLRC, ET AL.

  • G.R. Nos. 122474-76 October 17, 1997 - PEOPLE OF THE PHIL. v. VICTOR ABRECINOZ

  • G.R. No. 128119 October 17, 1997 - MURLI SADHWANI, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-97-1393 October 20, 1997 - ALAN SUASIN v. ERNESTO DINOPOL

  • G.R. No. 107747 October 20, 1997 - PEOPLE OF THE PHIL. v. ARNOLD TALINGTING

  • G.R. No. 99838 October 23, 1997 - PEOPLE OF THE PHIL. v. ERNESTO ENRIQUEZ, ET AL.

  • G.R. No. 105008 October 23, 1997 - PEOPLE OF THE PHIL. v. DOMENCIANO VASQUEZ

  • G.R. No. 108905 October 23, 1997 - GRACE CHRISTIAN HIGH SCHOOL v. COURT OF APPEALS, ET AL.

  • G.R. No. 111155 October 23, 1997 - COSMOS BOTTLING CORP. v. NLRC, ET AL.

  • G.R. No. 111662 October 23, 1997 - A.G. DEVELOPMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118192 October 23, 1997 - PRO LINE SPORTS CENTER, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119777 & 120690 October 23, 1997 - HEIRS OF PEDRO ESCANLAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126321 October 23, 1997 - TOYOTA CUBAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112733 October 24, 1997 - PEOPLE’S INDUSTRIAL AND COMMERCIAL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114398 October 24, 1997 - CARMEN LIWANAG v. COURT OF APPEALS, ET AL.

  • G.R. No. 125469 October 27, 1997 - PHILIPPINE STOCK EXCHANGE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130644 October 27, 1997 - FRANCISCO JUAN LARRANAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118240 October 28, 1997 - PEOPLE OF THE PHIL. v. GIOVANNI BAJAR

  • G.R. No. 124099 October 30, 1997 - MANUEL G. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 104504 October 31, 1997 - PEDRITO PASTRANO v. COURT OF APPEALS, ET AL.

  •  





     
     

    Adm. Matter No. P-96-1207   October 16, 1997 - D. ROY A. MASADAO, ET AL. v. GERALDINE GLORIOSO, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [Adm. Matter No. P-96-1207. October 16, 1997.]

    JUDGE D. ROY A. MASADAO, JR., and PATERNO S. FLORES, Complainants, v. GERALDINE GLORIOSO and VICTOR BALDOZ, Respondents.


    D E C I S I O N


    PER CURIAM:


    In an Indorsement dated May 23, 1996, Executive Judge Natividad G. Dizon of the Regional Trial Court, Malolos, Bulacan, forwarded to the Court Administrator, Supreme Court, the letters dated May 20 and 29, and Indorsement dated May 31, 1996 of Judge D. Roy A. Masadao, Jr.; the letter dated May 14, 1996 of Paterno S. Flores, Officer-In-Charge of Branch 9, RTC, Malolos Bulacan; the letter of resignation dated April 23, 1996 of Geraldine M. Glorioso, Court Stenographer III of Branch 9, RTC, Malolos, Bulacan; and rubber stamps allegedly used by Victor J. Baldoz, Clerk III of the same court, in making it appear that court notices were mailed to the party litigants and witnesses and that the latter were unknown at their given address.

    In his letter dated May 14, 1996 Paterno S. Flores informed Executive Judge Dizon, that Geraldine Glorioso has not been reporting for duty since April 23, 1996 without filing any leave of absence; that on May 3, 1996, he received an application for leave dated April 22, 1996 covering the period from April 23, 1996 to April 30, 1996 and May 2, 1996 to May 31, 1996, signed Daily Time Record which is blank and does not refer to any particular period and a Medical Certificate dated May 2, 1996 purportedly submitted by Victor J. Baldoz; and that Victor Baldoz has been absent since April 23, 1996.

    On the other hand, in his letter dated May 20 and 29, 1996, Judge Masadao, brought to the attention of the Executive Judge anomalous practices of Victor Baldoz, viz.: 1] concealing records of cases thereby precluding the Judge from acting in due time, on matters such as mailing of warrants of arrest to law enforcement agencies for implementation, transmittal of records of cases from which appeals have been interposed, etc.; 2] making it appear that he is acting at the behest of Judge Masadao and obtaining substantial amount from parties to the cases, in consideration of his assurances that resolution of the cases in their favor was forthcoming; 3] forgery of Judge Masadao’s signature in an Order purportedly authorizing the withdrawal of the P12,000 cash bail bond posted by accused for his provisional liberty; and 4] in order to favor certain accused presumably due to some material considerations, Victor Baldoz made use of several rubber stamps similar to those used by postal offices which were recovered from Victor Baldoz’ filing cabinet, to make it appear that the complainants and their witnesses are unknown in their given addresses, although the notices to them were never actually transmitted via the mails.chanroblesvirtuallawlibrary

    On July 24, 1996, this Court resolved to a] treat the letter of Judge Masadao as an administrative complaint; b] require Court Stenographer Geraldine Glorioso and Clerk III Victor Baldoz to comment thereon; c] hold the respondents under preventive suspension effective immediately until further orders from this Court; and d] hold in abeyance the resolution on the letter of resignation tendered by Court Stenographer Glorioso.

    In an Indorsement dated September 6, 1996, Paterno S. Flores, Officer-In-Charge of RTC Branch 9, returned to this Court the July 24, 1996 Resolution sent to respondents with the information that the latter’s whereabouts cannot be ascertained.

    On October 9, 1996, this Court referred this case to the Executive Judge of the RTC of Malolos, Bulacan for investigation, report and recommendation within ninety (90) days from receipt of the records.

    The pertinent portions of Judge Natividad G. Dizon’s Report and Recommendation dated January 24, 1997 are quoted hereunder:jgc:chanrobles.com.ph

    "The undersigned had sent notices of investigation on the following dates: December 4, 5 and 6, 1996 and January 14, 16 and 20, 1987. On December 4, 1996, Mr. Pat Flores, OIC Branch 9 appeared and informed the Investigating Judge that they cannot ascertain the whereabouts of the respondents. Mr. Flores and Judge Masadao submitted a joint affidavit to the effect that the respondents "have not been reporting for their respective duties since April 23, 1996 without submitting any leave of absence" ; and that they "cannot ascertain the whereabouts of the aforenamed court employees, despite earnest efforts on our part to that end." In the January 14, 16 and 20, 1997 settings, despite notice to respondents at their home address, they both failed to appear.

    "Thereafter, complainants requested the Investigating Judge to terminate the proceeding considering the failure of the respondents to file any answer and that there is now a serious need to fill up the positions they vacated to help the Court in its speedy dispensation of justice. Hence, this report.

    "It is a common knowledge that Mr. Victor J. Baldoz, a married man, and Miss Geraldine Glorioso, both of Branch 9, eloped and nowhere to be found since April 23, 1996. The known reason of the said elopement was the pregnancy of the latter, which she was trying to conceal and for them to avoid possible action from the former’s wife. Since then up to the present time, the Court could not locate them, despite diligent efforts. It came to the knowledge of the undersigned that Ms. Glorioso already gave birth. There were rumors that Mr. Baldoz is already out of the country. Both of them are now absent from their station without leave.

    "Without discussing the merit of the letter-complaint filed by Hon. D. Roy A. Masadao against the anomalous practices of Mr. Baldoz, the undersigned has preferred to take this matter on the grave misconduct for being absent without leave committed by both respondents." 1

    The Investigating Judge recommends that both respondents be dismissed from the service for grave misconduct, absence without leave and conduct prejudicial to the best interest of public service, with forfeiture of all benefits and with prejudice to re-employment in any branch or service of the Government, including government-owned or controlled corporations.

    It appears from the record that Geraldine Glorioso submitted to her office a letter of resignation dated April 23, 1996, addressed to the Honorable Supreme Court thru Judge D. Roy A. Masadao, Jr. The submission of the resignation letter may show that Glorioso did not intend to absent herself but to resign from her position effective at the close of office hours on April 30, 1996. While this may not be enough to warrant her dismissal for being absent without leave, the fact that Glorioso had eloped with and was impregnated by a married man should not be overlooked. Such act constitutes gross immorality which this Court would never sanction on its employees.

    With regard to respondent Victor J. Baldoz, he deserves the penalty of dismissal with forfeiture of all benefits and with prejudice to re-employment in any branch or office of the government.

    While no sufficient evidence pertaining to respondent Baldoz’ alleged anomalous practices was presented by the complainants against respondent Baldoz, his absence without leave for a prolonged period of time, constitutes conduct prejudicial to the best interest of public service and warrants the penalty of dismissal from the service with forfeiture of benefits 2 and with prejudice to re-employment in any branch or office of the government, including government-owned or controlled corporations.

    We agree with the investigating judge that the acts committed by respondents Victor J. Baldoz and Geraldine Glorioso are prejudicial to the interest of public service. Their immoral relationship which they allowed to continue and also Baldoz’s absence from office clearly indicated disregard of decency and blatant violation of the existing provisions of the Civil Service laws, rules and regulations.

    IN VIEW OF THE FOREGOING, respondents GERALDINE GLORIOSO and VICTOR BALDOZ are hereby DISMISSED from the service with forfeiture of all benefits and with prejudice to re-employment in any branch or service of the Government, including government-owned and controlled corporations.

    SO ORDERED.

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

    Narvasa, C.J., is on leave.

    Endnotes:



    1. Rollo, pp. 29-30.

    2. Torres v. Tayson, 235 SCRA 297.

    Adm. Matter No. P-96-1207   October 16, 1997 - D. ROY A. MASADAO, ET AL. v. GERALDINE GLORIOSO, ET AL.


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