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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. RTJ-97-1393   October 20, 1997 - ALAN SUASIN v. ERNESTO DINOPOL

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [Adm. Matter No. RTJ-97-1393. October 20, 1997.]

    (UDK-12398)

    ALAN SUASIN, Petitioner, v. ERNESTO DINOPOL, Respondent.

    In Re: Hon. IBARRA B. JACULBE, JR., Judge, Branch 42, Regional Trial Court Dumaguete City.


    SYLLABUS


    JUDICIAL ETHICS; JUDGES; UNFAMILIARITY WITH ELEMENTARY PROCEDURAL RULES; PENALTY. — On November 29, 1996, the Municipal Trial Court of Sibulan, Negros Oriental, rendered judgment in Civil Case No. 351 sentencing Alan Suasin to pay Ernesto S. Dinopol, Sr. sums of money aggregating P12,339.00. Suasin’s appeal to the Regional Trial Court was docketed as Civil Case No. 11811, and assigned to Hon. Judge Ibarra B. Jaculbe, Jr., presiding Judge of Branch 42. After due proceedings, Judge Jaculbe affirmed in toto the Municipal Trial Court’s judgment, in a one-page decision handed down on April 4, 1997. Now, it appears that notice of the RTC judgment was received by Suasin on April 15, 1997 (return card [receipt] attached to dorsal side of p. 77, rollo) Twenty-nine (29) days later, or more precisely on May 14, 1997, Alan Suasin, personally and in his own behalf, filed a "Notice for Petition for Review" advising that he was" (t)hereby filing a petition for review to the Honorable Supreme Court of . . . (said) decision." Acting on the petition, and remarking that in his view the same had been filed "within the reglementary period," Judge Jaculbe "granted" the petition and ordered "he entire records of . . . (the) case . . . accordingly forwarded to the Supreme Court, Manila." The facts speak for themselves. They reveal a distressingly lamentable unfamiliarity on the part of the Judge with quite elementary procedural rules regarding the duration of the reglementary period of appeals from the RTC; the Courts to which such appeals may be taken; the modes by which appeals are taken to either the Court of Appeals or the Supreme Court. As a result, he has not only caused this Court to waste its time but has also exposed himself and his Court to ridicule if not contemptuous estimation and regard. The Court therefore Resolve: 1) to ADMINISTER on Judge Ibarra B. Jaculbe, Jr., a SEVERE REPRIMAND for gross ignorance, with the warning that the Court will deal more sternly with any further instances or manifestations of the same failing; 2) to DIRECT the return of the records of Civil Case No. 11811 to Branch 42 of the Regional Trial Court of Dumaguete City for appropriate proceedings and disposition; and 3) to CONSIDER the proceedings at bar CLOSED AND TERMINATED.


    R E S O L U T I O N


    NARVASA, C.J.:


    The records of the undocketed case at bar disclose that on November 29, 1996, the Municipal Trial Court of Sibulan, Negros Oriental, rendered judgment in Civil Case No. 351 sentencing Alan Suasin to pay Ernesto S. Dinopol, Sr. sums of money aggregating P12,339.00.

    Suasin’s appeal to the Regional Trial Court was docketed as Civil Case No. 11811, and assigned to Hon. Judge Ibarra B. Jaculbe, Jr., presiding Judge of Branch 42. After due proceedings, Judge Jaculbe affirmed in toto the Municipal Trial Court’s judgment, in a one-page decision handed down on April 4, 1997.

    Now, it appears that notice of the RTC judgment was received by Suasin on April 15, 1997 (return card [receipt] attached to dorsal side of p. 77, rollo). Twenty-nine (29) days later, or more precisely on May 14, 1997, Alan Suasin, personally and in his own behalf filed a "Notice for Petition for Review" advising that he was" (t)hereby filing a petition for review to the Honorable Supreme Court of . . . (said) decision."cralaw virtua1aw library

    Acting on the petition, and remarking that in his view the same had been filed "within the reglementary period," Judge Jaculbe "granted" the petition and ordered "the entire records of . . . (the) case . . . accordingly forwarded to the Supreme Court, Manila." chanrobles virtuallawlibrary

    By Resolution of this Court dated August 6, 1997, Judge Jaculbe was directed to explain his acts "which do not appear to be in accord with applicable law and established procedure."cralaw virtua1aw library

    In response, Judge Jaculbe submitted a "Compliance" dated September 5, 1997 alleging that he "entertained the honest belief that it would be serving substantial justice to grant the substantive right of the appellant of his desire to elevate the case but at his own risk in filing it before the improper forum which will outright dismiss the petition;" and that anyway, the records to be sent up to this Court consisted "only of few pages, although this is unprocedural." In the same pleading, he apologized "for his errors;" and promised to be "more prudent and judicious in his future actions."cralaw virtua1aw library

    The facts speak for themselves. They reveal a distressingly lamentable unfamiliarity on the part of the Judge with quite elementary procedural rules regarding the duration of the reglementary period of appeals from the RTC; the Courts to which such appeals may be taken; the modes by which appeals are taken to either the Court of Appeals or the Supreme Court. As a result, he has not only caused this Court to waste its time but has also exposed himself and his Court to ridicule if not contemptuous estimation and regard.

    The Court therefore Resolved:chanrob1es virtual 1aw library

    1) to ADMINISTER on Judge Ibarra B. Jaculbe, Jr. a SEVERE REPRIMAND for gross ignorance, with the warning that the Court will deal more sternly with any further instances or manifestations of the same failing;

    2) to DIRECT the return of the records of Civil Case No. 11811 to Branch 42 of the Regional Trial Court of Dumaguete City for appropriate proceedings and disposition; and

    3) to CONSIDER the proceedings at bar CLOSED AND TERMINATED.

    SO ORDERED.

    Romero, Melo, Francisco and Panganiban, JJ., concur.

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


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