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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. 97-9-97-MCTC   October 16, 1997 - REPORT ON THE JUDICIAL AUDIT OF THE MCTC OF DINGLE-DUENAS, ILOILO

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [Adm. Matter No. 97-9-97-MCTC. October 16, 1997.]

    REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL CIRCUIT TRIAL COURT, DINGLE-DUENAS, IN THE PROVINCE OF ILOILO.

    JUDGE INOCENTES D. DEOCAMPO, PRESIDING JUDGE, MUNICIPAL CIRCUIT TRIAL COURT, DINGLE-DUENAS, ILOILO.


    R E S O L U T I O N


    PUNO, J.:


    This treats of the Report dated August 15, 1997 submitted by Court Administrator Alfredo Benipayo on the judicial audit of the Municipal Circuit Trial Court (MCTC), Dingle-Duenas, Iloilo. The audit and physical inventory of cases was conducted from July 22, 1997 to July 28, 1997 after the compulsory retirement on June 11, 1997 of Hon. Inocentes D. Deocampo, Presiding Judge, MCTC, Dingle-Duenas, Iloilo.

    The judicial audit team 1 found that as of July 23, 1997, the said court had a total of seventy (70) pending cases of which forty (40) were criminal and thirty (30) were civil. The "Monthly Report of Cases for June 1997" of the court stated that there were fifty (50) pending cases with twenty-eight (28) criminal and twenty-two (22) civil cases. Since no new cases were filed for the month of July 1997, the actual caseload was twenty (20) cases more than what was reported.

    Of the seventy (70) cases pending, twenty-nine (29) were submitted for decision by Judge Deocampo. The cases and their dates of submission are as follows:jgc:chanrobles.com.ph

    "Case No. Title Procedure Date

    Submitted

    for

    Decision

    Regular Summary

    1. C-1279 PP v. Sombrea x 02-21-97

    2. C-1128 -Lapastora x 11-08-91

    3. C-1078 -Providindo x 09-03-91

    4. C-1093 -Dacudao x 11-08-91

    5. 899 -Perez x 01-24-90

    6. C-958 -Perez x 12-19-89

    7. C-1392 -Dasmarinas, Et. Al. x 05-11-95

    8. C-1098 -Dagoco x 10-19-95

    9. 1517 -Balayon x 12-17-96

    10. C-1298 -Labis x 12-08-93

    11. C-293 -Cabati-a x 08-10-89

    12. C-1652 -Sarmiento, Et. Al. x 11-22-95

    13. C-1097 -Lorca x 07-18-90

    14. C-1720 -Aguilar, Sr. x 03-06-97

    15. C-1792 -Porras x 01-03-97

    16. C-1703 -Lau-a x 05-19-97

    17. C-1274 -Belleza x 02-16-96

    18. C-1197 -Daborbor x 06-17-92

    19. C-1837 -Miaros x 06-13-97 2

    20. C-97 -Sps. Capistrano x 07-23-90

    v. Lames, Et. Al.

    21. C-141 -Gemarino, etc. x 02-28-91

    v. Data

    22. C-169 -Sugnob, Et. Al. x 01-17-94

    v. Locsin

    23. C-166 -Arroyo, Et. Al. x 05-16-95

    v. Ladoing, Et. Al.

    24. C-172 -Sps. Darroca, x 03-28-94

    et al. v. Donasco, Et. Al.

    25. C-19 -Inherited case x 09-12-85

    26. C-146 -Comm. Rural x 11-27-90

    Bank of Dingle

    v. Sps. Salcedo

    27. C-107 -Daria v. Sps. x 12-19-91

    Caluya, Et. Al.

    28. C-86 -Lazaro v. Guanga, x 05-27-92

    et al.

    29. C-219 -Sps. Dumalang x 02-27-96" 3

    v. Lamzon

    Two (2) cases not yet submitted for decision were found to have motions or incidents pending resolution since 1990. 4 It was also found that ten (10) civil cases did not proceed for a considerable period of time. These cases are:jgc:chanrobles.com.ph

    "Case No. Title Latest Court

    Action/Incident

    1. C-142(Di) Tajanlangit, Jr. Defendant’s Answer filed on

    v. Roces 2-27-89

    2. C-143(Di) Sps. de Leon v. Hearing set on 7-31-91

    Puig, Et. Al.

    3. C-158(Di) Lapating v. Hearing set 8-28-91

    Jardeleza

    4. C-164(Di) Roces, Et. Al. v. Order dated 10-16-91

    Deatras denying Motion for

    Reconsideration

    on Writ of Preliminary

    Injunction issued on

    8-30-91

    5. C-216 Alonday v. Sps. Order dated 3-12-96: Motion

    Tajanlangit to Admit Answer denied

    6. C-218 Cepe v. Daguro Order dated 5-15-97: Reset

    hearing to 6-17-97

    7. C-226 Labucuas v. Hearing on 5-19-97

    Labucuas

    8. C-228 Dacudao, Et. Al. v. Initial set on 5-19-97

    Cepe

    9. C-231 Sps. Solinap,et al. Plaintiffs’ position paper

    v. Tolentino received on 7-4-97 5

    10. Cad. Case 63 Director of Lands Hearing on 4-24-97 6

    v. Tatunao

    Judge Deocampo disclosed, on inquiry, that his failure to decide the cases on time was due to his heart ailment and recuperation from a recent bypass operation. 7

    We have held that a three-year delay in the promulgation of a decision from the time of submission of a case is inexcusably long 8 and the judge could not excuse himself on the ground that his age affected his efficiency. 9 The Constitution mandates a judge to render a decision not more than ninety (90) days from the time the case is submitted for decision. 10 With respect to cases falling under the Revised Rule on Summary Procedure, which Rule was enacted to achieve an expeditious and inexpensive determination of cases, first level courts are given a shorter period of thirty (30) days to decide such cases. 11 The failure to decide within the required period subjects a judge to administrative sanctions. 12

    In the instant case, Judge Deocampo failed to decide within the required period twenty-eight (28) 13 cases submitted to him for decision. Two (2) of these cases were submitted as early as 1989 — almost eight (8) years before his retirement. And all cases, except for four (4), were conducted under summary procedure.

    Judge Deocampo’s gross inefficiency in the disposition of cases is aggravated by his blatant inaction on pending incidents and motions in cases not submitted for decision. As found in the Audit Report, one (1) case had no further proceedings since February 1989 and three cases since 1991.

    Rule 3.05 of Canon 3 of the Code of Judicial Conduct directs the judge to dispose of the court’s business promptly and expeditiously. This Court has consistently impressed this directive upon judges. 14 A delay in the disposition of cases amounts to a denial of justice, brings the court into disrepute and ultimately erodes public faith and confidence in the judiciary.chanroblesvirtualawlibrary

    IN VIEW WHEREOF, Judge Inocentes D. Deocampo, former Municipal Circuit Trial Court, Dingle-Duenas, Iloilo is found grossly inefficient in the discharge of his duties and is fined ten thousand pesos (P10,000.00) which amount shall be deducted from his retirement benefits.

    SO ORDERED.

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

    Narvasa, C.J., is on leave.

    Endnotes:



    1. The team was headed by Atty. Ma. Rosario A. Labuguen.

    2. This was submitted for decision two days after the retirement of Judge Deocampo, hence, should not have been counted.

    3. Report of the Judicial Audit Team, p. 2.

    4. Motions to Declare Defendant in Default dated November 27, 1990 in Cases Nos. C-89 and C-115.

    5. The position paper was received after the retirement of Judge Deocampo, hence, should not have been counted.

    6. Report of the Judicial Audit Team, p. 3.

    7. Id., p. 4.

    8. Judge Luis B. Bello, Jr., 247 SCRA 519, 525 [1995]; Adriano v. Domingo, 202 SCRA 446, 448 [1991].

    9. Id.

    10. Constitution, Article VIII, Sec. 15 (1).

    11. Rule on Summary Procedure, Sec. 17; Raboca v. Pantanosas, Jr., 245 SCRA 293, 295 [1995]; Cruz v. Pascual, 244 SCRA 111, 114 [1995].

    12. Re: Report on the Judicial Audit Conducted in the Regional Trial Court Branches 61, 134 and 147, Makati, Metro Manila, 248 SCRA 5, 22 [1995]; Re: Judge Liberato C. Cortes, 242 SCRA 167, 169-170 [1995].

    13. See Footnote No. 2.

    14. Re: Judge Luis B. Bello, Jr. supra, at 524.

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


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