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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
 

   
January-1999 Jurisprudence                 

  • G.R. No. 126466 January 14, 1999 - ARTURO BORJAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114170 January 15, 1999 - PROSPERITY CREDIT RESOURCES v. COURT OF APPEALS, ET AL.

  • A.M. No. P-97-1257 January 18, 1999 - EUSEBIA CORAJE, ET AL. v. HENRY BRACEROS

  • G.R. Nos. 109279-80 January 18, 1999 - PEOPLE OF THE PHIL. v. OCTAVIO MENDOZA

  • G.R. No. 124973 January 18, 1999 - PEOPLE OF THE PHIL. v. RICKY BANELA

  • G.R. No. 132601 January 19, 1999 - LEO ECHEGARAY v. SECRETARY OF JUSTICE

  • G.R. No. 108576 January 20, 1999 - CIR v. COURT OF APPEAL, ET AL.

  • G.R. No. 113099 January 20, 1999 - ASIA FANCY PLYWOOD CORP. v. NLRC, ET AL.

  • G.R. No. 121212 January 20, 1999 - PEOPLE OF THE PHIL. v. ARTEMIO CALAYCA

  • G.R. No. 123050 January 20, 1999 - SUICO IND’L. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123810 January 20, 1999 - CONSOLIDATED RURAL BANK, INC. v. NLRC, ET AL.

  • G.R. No. 123997 January 20, 1999 - REPUBLIC OF THE PHILS. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 125849 January 20, 1999 - PEOPLE OF THE PHIL. v. WILFREDO BAÑEZ

  • G.R. No. 126124 January 20, 1999 - PEOPLE OF THE PHIL. v. ZALDY P. PADILLA

  • G.R. No. 127410 January 20, 1999 - CONRADO L. TIU, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128017 January 20, 1999 - RAMON ITURALDE v. ALFREDO FALCASANTOS

  • G.R. No. 128096 January 20, 1999 - PANFILO M. LACSON v. EXECUTIVE SECRETARY, ET AL.

  • A.M. No. MTJ-99-1176 January 21, 1999 - LETICIA V. MALLORCA v. REYNALDO M. PANOPIO

  • G.R. No. 102965 January 21, 1999 - JAMES REBURIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 109840 January 21, 1999 - JOSE L. CHUA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116111 January 21, 1999 - REPUBLIC OF THE PHIL., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117103 January 21, 1999 - RENATO S. ONG, ET AL v. COURT OF APPEALS, ET AL

  • G.R. No. 117254 January 21, 1999 - CIR v. COURT OF APPEALS, ET AL.

  • G.R. No. 119446 January 21, 1999 - PHIL. HOME ASSURANCE CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119682 January 21, 1999 - FRANCISCO BAGUIO v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. 124062 January 21, 1999 - REYNALDO T. COMETA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126005 January 21, 1999 - PEOPLE OF THE PHIL., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126051 January 21, 1999 - PEOPLE OF THE PHIL. v. ARNOLD REALIN, ET AL.

  • G.R. Nos. 126094-95 January 21, 1999 - PEOPLE OF THE PHIL. v. TITO REDUCA

  • G.R. No. 126696 January 21, 1999 - SECURITY BANK & TRUST CO. v. TRIUMPH LUMBER AND CONSTRUCTION CORP.

  • G.R. No. 127838 January 21, 1999 - CIVIL SERVICE COMMISSION v. JOSE J. LUCAS

  • G.R. No. 128297 January 21, 1999 - PEOPLE OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128690 January 21, 1999 - ABS-CBN BROADCASTING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130756 January 21, 1999 - ESTER B. MARALIT v. JESUSA CORAZON L. IMPERIAL

  • A.M. No. RTJ-97-1371 January 22, 1999 - BALTAZAR D. AMION v. ROBERTO S. CHIONGSON

  • G.R. No. 123184 January 22, 1999 - SERAFIN QUEBEC SR. v. NLRC, ET AL.

  • G.R. No. 123555 January 22, 1999 - PROGRESSIVE DEV’T. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125134 January 22, 1999 - XERXES ADZUARA v. COURT OF APPEALS, ET AL.

  • G.R. No. 125299 January 22, 1999 - PEOPLE OF THE PHIL. v. FLORENCIO DORIA, ET AL.

  • G.R. No. 125982 January 22, 1999 - GSIS v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 127833 January 22, 1999 - TEODORO URQUIAGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112675 January 25, 1999 - AFISCO INSURANCE CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 121039-45 January 25, 1999 - PEOPLE OF THE PHIL. v. ANTONIO L. SANCHEZ, ET AL.

  • G.R. No. 126634 January 25, 1999 - TRANSGLOBE INT’L., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131247 January 25, 1999 - PRUBANKERS ASSO. v. PRUDENTIAL BANK & TRUST CO.

  • A.M. No. 98-8-105-MTC January 26, 1999 - Re: LEAVES OF ABSENCE WITHOUT APPROVAL OF ERIC T. CALDERON.

  • G.R. No. 109242 January 26, 1999 - LITO C. MARCELO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 125213 January 26, 1999 - MILAGROS L. DIAZ v. SANDIGANBAYAN

  • Adm. Case No. 4826 January 27, 1999 - IN RE: THE PETITION TO REMOVE ATTY. JOSE A. GRAPILON

  • G.R. No. 127598 January 27, 1999 - MERALCO v. SECRETARY OF LABOR LEONARDO QUISUMBING, ET AL.

  • G.R. No. 133197 January 27, 1999 - PCGG v. EDUARDO COJUANGCO, JR., ET AL.

  • G.R. No. 108946 January 28, 1999 - FRANCISCO G. JOAQUIN, ET AL. v. FRANKLIN DRILON, ET AL.

  • G.R. No. 112024 January 28, 1999 - PHIL. BANK OF COMMUNICATIONS v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 113787 January 28, 1999 - PEOPLE OF THE PHIL. v. CEFERINO GUILLERMO

  • G.R. No. 119464 January 28, 1999 - PEOPLE OF THE PHIL. v. VIRGILIO VERMUDEZ

  • G.R. Nos. 122544 & 124741 January 28, 1999 - REGINA P. DIZON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125925 January 28, 1999 - PEOPLE OF THE PHIL. v. VENTURA VINUYA

  • G.R. No. 125986 January 28, 1999 - LUXURIA HOMES INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127941 January 28, 1999 - BIBLIA TOLEDO-BANAGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128941 January 28, 1999 - CAPITOL COLLEGE OF ILIGAN, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133054 January 28, 1999 - REPUBLIC OF THE PHIL. v. GERSON R. ABADILLA, ET AL.

  • G.R. No. 119712 January 29, 1999 - DBP, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122746 January 29, 1999 - PEOPLE OF THE PHIL. v. MARIO VILLANUEVA

  • G.R. No. 135074 January 29, 1999 - REP. TELECOMMUNICATIONS HOLDINGS, INC. ET AL. v. COURT OF APPEALS, ET AL.

  •  





     
     

    A.M. No. P-97-1257   January 18, 1999 - EUSEBIA CORAJE, ET AL. v. HENRY BRACEROS

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. No. P-97-1257. January 18, 1999.]

    SPS. ROGELIO & EUSEBIA CORAJE, Petitioners, v. SHERIFF HENRY BRACEROS, Respondent.

    D E C I S I O N


    MELO, J.:


    On December 23, 1996, a Joint Affidavit/Complaint was filed by the spouses Rogelio and Eusebia Coraje against herein respondent Sheriff Henry Braceros of the Municipal Trial Court of Panabo, Davao for alleged "conduct unbecoming a Court Officer" and "abuse of authority." chanrobles virtuallawlibrary

    The Coraje spouses alleged that they were the defendants in an action for collection of a sum of money filed by one Cecilia Bigcas; that they lost in said case and were served a writ of execution by respondent Braceros; and that they asked the judgment creditor to allow them to satisfy their indebtedness of P18,000.00 on installment basis in the amount of P500.00 a week, said amount to be deposited with respondent, who, in turn, shall give it to Bigcas. Bigcas agreed to this arrangement.

    On August 1, 1996, the Coraje spouses gave their first installment to respondent who issued to them the corresponding receipt. However, on August 31, 1996, respondent immediately seized complainants’ tricycle and deposited the same in court without issuing a receipt therefor. Some months later, or on December 3, 1996, complainants saw their tricycle being driven by a relative of Bigcas and soliciting passengers within the public market of Panabo, Davao. Cecilia Bigcas allegedly told them that the tricycle was released to her by respondent after she paid the amount of P6,000.00.

    On December 16, 1996, complainants examined the record of the case and found that there are no sheriff’s return, notice of sale, and certificate of sale issued for the seized tricycle. Clerk of Court Eulalio Elumbaring also allegedly refused to issue a Certification of Non-Issuance.

    In his Comment to the complaint, respondent averred that he had difficulty serving the writ of execution on complainants because they leave their house very early in the morning and return home late at night to avoid collectors; that when he was finally able to serve the writ on Mrs. Coraje, she cried because she did not have any money left and all her appliances had been taken by her other creditors; that as proposed by Mrs. Coraje, he talked to the judgment creditor, Cecilia Bigcas, to allow the Coraje spouses to pay their judgment debt on a weekly basis in the amount of P500.00 until said judgment is fully satisfied; that complainants paid the initial P500.00 and nothing more; that on August 31, 1959, he seized the tricycle of the complainants, then being driven by Mr. Coraje; that Mr. Coraje refused to sign any papers relative to the seizure; that the auction sale of the tricycle was held in abeyance upon the request of both Mr. Coraje and the judgment creditor, Mrs. Bigcas, who were both looking for a buyer for the tricycle; that Mrs. Bigcas offered to have the tricycle cleaned and repaired in her house so it would fetch a good price at the auction sale; that believing the request to be a good idea, he acceded, but cautioned Mrs. Bigcas not to use the tricycle; that 2 weeks later, he got back the tricycle from Mrs. Bigcas because it was being used by her relative; that on February 5, 1997, the tricycle was sold in a public auction to Mrs. Bigcas as she was the only bidder.

    In a Memorandum dated November 7, 1997 addressed to then Chief Justice Andres R. Narvasa, the Office of the Court Administrator recommended that respondent be fined in the amount of P5,000.00 for his ignorance of the procedure in implementing writs of execution, and abuse of authority, with a warning that a repetition of the same or similar acts will warrant a more severe penalty.

    On February 5, 1998, respondent filed his Comments relative to the findings and recommendations of the Office of the Court Administrator, admitting his shortcomings and praying for compassion. Accordingly, the Office of the Court Administrator modified its recommendation by reducing the fine to P1,000.00. Further, proceedings were dispensed with because the complainants could no longer be located at their old address and they failed to give a forwarding address.

    We find the modified recommendation of the Office of the Court Administrator to be in order. While we do not condone the acts committed by respondent, his admission of his mistakes and his willingness to learn from them mitigate against his failure to make a Sheriff’s Return on time and in holding an illegal public auction as a consequence thereof. We also note that he had been a sheriff for only a year at the time of the occurrence of the incidents complained of, and that this is his first offense. To be considered too in mitigation is the fact that the auction sale, albeit conducted late, did not prejudice the judgment debtors. All these circumstances indicate lack of malice on the part of Respondent.chanrobles virtual lawlibrary

    WHEREFORE, foregoing premises considered, SHERIFF HENRY BRACEROS is hereby ordered to pay a fine in the amount of One Thousand Pesos (P1,000.00) for ignorance in the procedure in implementing writs of execution and for abuse of authority, with a warning that a repetition of the same or similar acts will warrant a more severe penalty.

    SO ORDERED.

    Davide, Jr., C.J., Kapunan, Martinez and Pardo, JJ., concur.

    A.M. No. P-97-1257   January 18, 1999 - EUSEBIA CORAJE, ET AL. v. HENRY BRACEROS


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