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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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September-2000 Jurisprudence                 

  • G.R. No. 117690 September 1, 2000 - PEOPLE OF THE PHIL. v. ALBERTO DANO

  • G.R. No. 128567 September 1, 2000 - HUERTA ALBA RESORT INC. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-00-1582 September 4, 2000 - COB C. DE LA CRUZ v. RODOLFO M. SERRANO

  • G.R. No. 134763 September 4, 2000 - PEOPLE OF THE PHIL. v. WILFREDO RIGLOS, ET AL.

  • G.R. No. 137785 September 4, 2000 - NAPOCOR v. VINE DEVELOPMENT CORPORATION, ET AL.

  • G.R. No. 139282 September 4, 2000 - ROMEO DIEGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 90828 September 5, 2000 - MELVIN COLINARES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124077 September 5, 2000 - PEOPLE OF THE PHIL. v. ADORACION SEVILLA ET AL.

  • G.R. No. 129239 September 5, 2000 - PEOPLE OF THE PHIL. v. PAUL LAPIZ

  • G.R. Nos. 131848-50 September 5, 2000 - PEOPLE OF THE PHIL. v. RODOLFO VILLARAZA

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  • A.M. No. MTJ-00-1307 September 6, 2000 - MANUEL BUNYI, ET AL. v. FELIX A. CARAOS

  • A.M. No. MTJ-00-1309 September 6, 2000 - FREDESMINDA DAYAWON v. MAXIMINO A. BADILLA

  • A.M. No. O.C.A.-00-01 September 6, 2000 - JULIETA B. NAVARRO v. RONALDO O. NAVARRO, ET AL.

  • G.R. No. 129220 September 6, 2000 - PEOPLE OF THE PHIL. v. BERNIE JAMON FAUSTINO

  • G.R. No. 131506 September 6, 2000 - PEOPLE OF THE PHIL. v. RODEL DIZON

  • G.R. No. 133625 September 6, 2000 - REMEDIOS F. EDRIAL ET AL. v. PEDRO QUILAT-QUILAT, ET AL.

  • A.M. No. MTJ-00-1314 September 7, 2000 - CLODUALDO C. DE JESUS v. RODOLFO D. OBNAMIA JR.

  • G.R. No. 121802 September 7, 2000 - GIL MACALINO, JR. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 126036 September 7, 2000 - PEOPLE OF THE PHIL. v. PASCUAL BALINAD, ET AL.

  • G.R. No. 128158 September 7, 2000 - PEOPLE OF THE PHIL. v. ARMANDO JUAREZ, ET AL.

  • G.R. No. 137431 September 7, 2000 - EDGARDO SANTOS v. LAND BANK OF THE PHIL.

  • G.R. No. 143385 September 7, 2000 - LEARNING CHILD, ET AL. v. ANNIE LAZARO, ET AL.

  • A.M. Nos. P-93-990 & A.M. No. P-94-1042 September 8, 2000 - TERESITO D. FRANCISCO v. FERNANDO CRUZ

  • G.R. No. 125167 September 8, 2000 - PRODUCERS BANK OF THE PHIL, ET AL. v. BANK OF THE PHIL. ISLANDS, ET AL.

  • G.R. No. 137714 September 8, 2000 - PEOPLE OF THE PHILS.. v. ROBERTO BANIGUID

  • A. M. No. P-99-1309 September 11, 2000 - FRANCISCO B. IBAY v. VIRGINIA G. LIM

  • G.R. No. 137857 September 11, 2000 - REPUBLIC OF THE PHIL. v. SANCHO MAGDATO

  • G.R. No. 115054-66 September 12, 2000 - PEOPLE-OF THE PHILIPPINES v. VICENTE MENIL

  • G.R. No. 138201 September 12, 2000 - FRANCISCO BAYOCA, ET AL. v. GAUDIOSO NOGALES, ET AL.

  • G.R. No. 123111 September 13, 2000 - PEOPLE OF THE PHIL. v. JIMMY DAGAMI

  • G.R. No. 127444 September 13, 2000 - PEOPLE OF THE PHIL. v. TIRSO D. C. VELASCO, ET AL.

  • G.R. No. 126402 September 13, 2000 - PEOPLE OF THE PHIL. v. LITO ROSALES

  • G.R. No. 126781 September 13, 2000 - PEOPLE OF THE PHIL. v. CALIXTO ZINAMPAN, ET AL.

  • G.R. No. 133918 September 13, 2000 - PEOPLE OF THE PHIL. v. TIBOY ALBACIN

  • G.R. No. 133981 September 13, 2000 - PEOPLE OF THE PHIL. v. HILARION BERGONIO, JR.

  • A.M. No. 00-1281-MTJ. September 14, 2000 - OFFICE OF THE COURT ADMINISTRATOR v. SALVADOR B. MENDOZA

  • G.R. Nos. 104637-38 & 109797 September 14, 2000 - SAN MIGUEL CORPORATION, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126368 September 14, 2000 - PEOPLE OF THE PHIL. v. JOHNNY CALABROSO, ET AL.

  • G.R. No. 129208 September 14, 2000 - PEOPLE OF THE PHIL. v. EDGARDO ALORO

  • G.R. No. 131680 September 14, 2000 - SUBIC BAY METROPOLITAN AUTHORITY, ET AL. v. UNIVERSAL INTERNATIONAL GROUP OF TAIWAN, ET AL.

  • G.R. No. 140269-70 September 14, 2000 - PHIL. CARPET EMPLOYEES ASSOCIATION ET AL. v. PHIL. CARPET MANUFACTURING CORP.

  • G.R. Nos. 143351 & 144129 September 14, 2000 - MA. AMELITA C. VILLAROSA v. HRET, ET AL.

  • G.R. No. 109269 September 15, 2000 - BAYER PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134266 September 15, 2000 - PEOPLE OF THE PHIL. v. MELENCIO BALI-BALITA

  • G.R. Nos. 135288-93 September 15, 2000 - PEOPLE OF THE PHIL. v. JESUS GIANAN

  • G.R. No. 130038 September 18, 2000 - ROSA LIM v. PEOPLE OF THE PHIL.

  • G.R. No. 132603 September 18, 2000 - ELPIDIO M. SALVA, ET AL. v. ROBERTO L. MAKALINTAL, ET AL.

  • G.R. No. 134651 September 18, 2000 - VIRGILIO JIMENEZ, ET AL. v. PATRICIA, INC.

  • G.R. No. 134730 September 18, 2000 - FELIPE GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133373-77 September 18, 2000 - PEOPLE OF THE PHIL. v. FAUSTINO CAMPOS

  • G.R. NO. 140268 September 18, 2000 - PEOPLE OF THE PHIL. v. JOSE LLANES, ET AL.

  • G.R. No. 141471 September 18, 2000 - COLEGIO DE SAN JUAN DE LETRAN v. ASSOC. OF EMPLOYEES AND FACULTY OF LETRAN, ET AL.

  • G.R. No. 141787 September 18, 2000 - MANUEL H. AFIADO, ET AL. v. COMELEC

  • G.R. No. 142038 September 18, 2000 - ROLANDO E. COLUMBRES v. COMELEC, ET AL.

  • G.R. Nos. 136149-51 September 19, 2000 - PEOPLE OF THE PHIL. v. WALPAN LADJAALAM

  • G.R. No. 137659 September 19, 2000 - PEOPLE OF THE PHIL. v. AMADEO TRELLES

  • G.R. No. 114348 September 20, 2000 - NATIONAL IRRIGATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 131927 September 20, 2000 - PEOPLE OF THE PHIL. v. DAVID BANAWOR, ET AL.

  • G.R. No. 135516 September 20, 2000 - PEOPLE OF THE PHILS. v. NEIL DUMAGUING

  • G.R. No. 132547 September 20, 2000 - PEOPLE OF THE PHIL. v. ERNESTO ULEP

  • G.R. No. 117417 September 21, 2000 - MILAGROS A. CORTES v. COURT OF APPEALS, ET AL.

  • G.R. No. 120747 September 21, 2000 - VICENTE GOMEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 128990 September 21, 2000 - INVESTORS FINANCE CORP. v. AUTOWORLD SALES CORP.

  • G.R. No. 136396 September 21, 2000 - PEOPLE OF THE PHIL. v. ROLANDO ZASPA, ET AL.

  • G.R. No. 136453 September 21, 2000 - PETRITA Y. BONILLA v. COURT OF APPEALS, , ET AL.

  • G.R. No. 137571 September 21, 2000 - TUNG CHIN HUI v. RUFUS B. RODRIGUEZ, ET AL.

  • A.M. No. P-00-1424 & MTJ-00-1316 September 25, 2000 - REYNALDO B. BELLOSILLO v. DANTE DE LA CRUZ RIVERA

  • G.R. No. 129055 September 25, 2000 - PEOPLE OF THE PHIL. v. EDGAR BACALSO

  • G.R. No. 129296 September 25, 2000 - PEOPLE OF THE PHlL. v. ABE VALDEZ

  • G.R. No. 132078 September 25, 2000 - PEOPLE OF THE PHIL. v. ARTEMIO BERZUELA

  • G.R. No. 133465 September 25, 2000 - AMELITA DOLFO v. REGISTER OF DEEDS FOR THE PROVINCE OF CAVITE, ET AL.

  • A.M. No. RTJ-93-986 September 26, 2000 - EDUARDO C. DE VERA v. WILLIAM LAYAGUE

  • G.R. No. 122110 September 26, 2000 - PEOPLE OF THE PHIL. v. FERIGEL OLIVA

  • G.R. No. 135630 September 26, 2000 - INTRAMUROS TENNIS CLUB v. PHIL. TOURISM AUTHORITY (PTA)

  • G.R. Nos. 136012-16 September 26, 2000 - PEOPLE OF THE PHIL. v. ULDARICO HONRA, JR.

  • G.R. No. 138887 September 26, 2000 - PEOPLE OF THE PHIL. v. JURRIE DUBRIA

  • G.R. No. 142392 September 26, 2000 - DOMINGA A. SALMONE v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • A.M. No. MTJ-00-1319 September 27, 2000 - ROLANDO A. SULLA v. RODOLFO C. RAMOS

  • A.M. No. RTJ-99-1447 September 27, 2000 - LEONARDO DARACAN, ET AL. v. ELI G.C. NATIVIDAD

  • G.R. No. 109760 September 27, 2000 - PEOPLE OF THE PHILS. v. PABLO F. EMOY, ET AL.

  • G.R. No. 122498 September 27, 2000 - PEOPLE OF THE PHILS. v. ELMEDIO CAJARA

  • G.R. No. 133946 September 27, 2000 - PEOPLE OF THE PHIL. v. OSCAR NOGAR

  • G.R. Nos. 97138-39 September 28, 2000 - PEOPLE OF THE PHIL. v. EFREN TEMANEL, ET AL.

  • G.R. No. 132311 September 28, 2000 - PEOPLE OF THE PHIL. v. MINA LIBRERO

  • G.R. No. 132725 September 28, 2000 - PEOPLE OF THE PHIL. v. ARMANDO QUILATAN

  • G.R. No. 136843 September 28, 2000 - PEOPLE OF THE PHIL. v. PEDRO ABUNGAN, ET AL.

  • G.R. No. 138054 September 28, 2000 - ROSENDO C. CARTICIANO, ET AL. v. MARIO NUVAL

  • G.R. No. 138503 September 28, 2000 - ROBERTO FERNANDEZ v. PEOPLE OF THE PHIL., ET AL.

  • A.M. No. 00-3-01-CTA September 29, 2000 - RE: JUDGE ERNESTO D. ACOSTA

  • A.M. No. RTJ-00-1589 September 29, 2000 - JEANET N. MANIO v. JOSE ENER S. FERNANDO

  • G.R. No. 106401 September 29, 2000 - FLORENTINO ZARAGOZA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123299 September 29, 2000 - PEOPLE OF THE PHIL. v. SANTIAGO CARUGAL, ET AL.

  • G.R. Nos. 124671-75 September 29, 2000 - PEOPLE OF THE PHIL. v. LINDA SAGAYDO

  • G.R. No. 126048 September 29, 2000 - PEOPLE OF THE PHIL v. RODEL SAMONTE

  • G.R. No. 126254 September 29, 2000 - PEOPLE OF THE PHIL. v. RONALDO PONCE

  • G.R. No. 129507 September 29, 2000 - CHAN SUI BI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130785 September 29, 2000 - PEOPLE OF THE PHILS. v. RONALD VITAL

  • G.R. No. 131492 September 29, 2000 - ROGER POSADAS, ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 131813 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIO ABENDAN

  • G.R. No. 133443 September 29, 2000 - PEOPLE OF THE PHIL. v. DOMINADOR DE LA ROSA, ET AL.

  • G.R. No. 134100 September 29, 2000 - PURITA ALIPIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 135382 September 29, 2000 - PEOPLE OF THE PHIL. v. LOURDES GAMBOA

  • G.R. No. 135457 September 29, 2000 - PEOPLE OF THE PHIL. v. JOSE PATRIARCA, ET AL.

  • G.R. No. 135548 September 29, 2000 - FAR EAST BANK AND TRUST COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 135981 September 29, 2000 - PEOPLE OF THE PHIL. v. MARIVIC GENOSA

  • G.R. Nos. 137379-81 September 29, 2000 - PEOPLE OF THE PHILS. v. ARTURO GARCIA

  • G.R. No. 139910 September 29, 2000 - PHILIPPINE COCONUT AUTHORITY v. CORONA INTERNATIONAL

  • G.R. No. 141060 September 29, 2000 - PILIPINAS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 141959 September 29, 2000 - JUANITA NARZOLES, ET AL. v. NLRC, ET AL.

  •  





     
     

    A.M. No. RTJ-00-1589   September 29, 2000 - JEANET N. MANIO v. JOSE ENER S. FERNANDO

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. No. RTJ-00-1589. September 29, 2000.]

    A.M. OCA IPI No. 99-736-RTJ

    JEANET N. MANIO, Complainant, v. JUDGE JOSE ENER S. FERNANDO, Regional Trial Court, Branch 5, Dinalupihan, Respondent.

    R E S O L U T I O N


    DE LEON, JR., J.:


    In a letter-complaint dated January 27, 1999 complainant Jeanet N. Manio charged respondent Judge Jose Ener S. Fernando, Presiding Judge of the Regional Trial Court of Dinalupihan, Bataan, Branch 5 with "giving me a hard time" by freezing "all my accounts (time deposits and Savings Account) at the bank," thus preventing her from withdrawing money needed "to buy a parcel of land." 1

    Explaining his side in a letter dated March 1, 1999, respondent Judge stated that on August 6, 1998, complainant filed in his court a petition praying that she be appointed guardian of her minor son, Germigo M. Cawed. After a hearing held on September 7, 1998, the petition was granted. Complainant was thus ordered to post a bond in the amount of P100,000.00 and to submit an inventory of the minor’s properties, real and personal, which inventory was to be submitted every three months thereafter. As requested by complainant, the insurer of the minor’s father, Servicemembers’ Group Life Insurance, Newark, New Jersey, U.S.A., was furnished a copy of the decision of September 7, 1998. Proceeds of the insurance of the minor’s father was to form part of the minor’s properties. On November 24, 1998, complainant having failed to post the required bond, respondent Judge issued an order directing her to file the requisite bond in the amount of P100,000.00 and to submit an inventory of the minor’s properties. All that complainant did was to inform the respondent’s guardianship Court "that the insurance proceeds under the Veterans Group Life Insurance Program of the Service Members Group Life Insurance were deposited with the Land Bank of the Philippines, Dinalupihan Branch." To protect the minor’s interest, respondent Judge directed that "no withdrawals could be made and no properties, if any, of the minor could be disposed without complying with the order of the Court." On November 26, 1998, complainant filed an undated "Quarterly Inventory of Properties" of the said minor for October, November and December 1998, stating that the minor had no real properties but had a bank deposit in the amount of US$52,155.00. On the same date, complaint filed a motion seeking authority to withdraw from the Land Bank the amount of US$10,000.00 to "pay debts incurred since May, 1998" "in connection with the processing of the petition for guardianship and attorney’s fees thereof, daily sustenance of the minor and for his education," which motion respondent Judge readily granted. On December 1, 1998, complainant filed another motion seeking authority to withdraw the amount of US$10,000.00 "to purchase a house and lot allegedly worth P550,000.00 and P200,000.00, respectively." On December 2, 1998, respondent Judge issued an order granting complainant’s motion but directing her to comply with her undertaking to submit a copy of the contract of sale and/or deed of assignment of the house and lot within three days from receipt of notice of the order. Within the short span of three months from date of the decision granting the petition for guardianship, complainant was able to withdraw the amount of US$20,000.00 out of the US$52,155.00 leaving a balance of US$30,155.00 only, for the sustenance of the minor (who was then eleven years old) until he reach the age of majority. Complainant filed nothing more with respondent’s court after December 2, 1998, hence respondent Judge had nothing to act upon in the case to give "her a hard time in doing her duties and functions as guardian of the minor. Complainant’s "allegation that the properties were frozen resulting to her disability to withdraw money" is, therefore, absolutely untrue. Neither did he waste time in acting upon complainant’s motions of November 26 and December 2, 1998, which were granted and the orders thereon issued on the same and next day, respectively. Besides, he could not have issued orders based upon verbal requests, that complainant’s allegation that the respondent Judge has been "giving me a hard time" is false and is but the product of her imagination. 2chanrob1es virtua1 1aw 1ibrary

    On April 7, 1999, complainant wrote a sworn letter to the Court Administrator stating that upon advice of her younger sister who knew respondent Judge, she asked him (respondent Judge) to help her look for a lawyer to assist her. Respondent Judge recommended Atty. Francis Lagman, and told her that Atty. Lagman’s fee was P200,000.00 to which she agreed because she was already tired and had spent much looking for a lawyer. Besides, most of the lawyers she talked to "iisa ang presyo nila." Before the petition for guardianship could be filed respondent Judge told her that she had to pay the amount of P35,000.00 "para paunang bayad sa abogado ko." She asked that the amount be reduced but respondent Judge told her he would lend her P10,000.00 to complete the needed amount of P35,000.00. It was to respondent Judge that she delivered the amount of P25,000.00 for him to give to Atty. Lagman. When she asked him to issue her a receipt respondent Judge told her it was not necessary because after all "siya ang bahalang gagawa ng mga papeles mo." Upon receipt she deposited the check of US$52,155.50 at the Land Bank and told its manager, Lenin Malang, not to tell respondent Judge about it because he (respondent Judge) did not like any check to be deposited with PCI Bank. After the lapse of the 40-day required to clear the dollar check she tried to withdraw from her account but the bank manager told her she could not withdraw because of respondent Judge’s order. When she saw respondent Judge about the matter he told her she had to file a bond in the amount of P100,000.00. She requested him to allow her to withdraw from the amount deposited with the bank since the check had already been cleared but he did not agree to her request. Asked what she should do to comply with his requirement because she did not know of anybody from whom to borrow the amount of P100,000.00 respondent Judge told her he would help her obtain a surety bond from his friend which would be less expensive. Respondent Judge then asked one Joey Astorga to prepare a motion to withdraw the needed amount; hence on November 26, 1998, she was able to withdraw the amount of US$10,000. In fact respondent Judge and his friend from whom she would obtain the surety bond accompanied her in going to the bank. While she was inside the bank premises respondent Judge and his friend were waiting for her in front of the bank because it was to him (respondent Judge) that she would hand over the balance that was due from her to the lawyer. Because of her complaint against respondent Judge, the latter filed a case for perjury against her. On March 8, 1999, to her surprise a warrant of arrest was served upon her, and because of that she bled as she was pregnant and had a miscarriage. 3

    Thereafter, in a letter dated June 24, 1999, complainant requested that her complaint against respondent Judge be dismissed. 4 In another letter dated on the same day, she stated that she is withdrawing her complaint since it was out of ignorance and her anger at respondent Judge that she complained against him. 5chanrob1es virtua1 1aw 1ibrary

    The case was referred to retired Justice Pedro A. Ramirez, a consultant of the OCA, to conduct the necessary investigation, report and recommendation. 6 However, no investigation ensued since on the dates Justice Ramirez set the case for hearing, that is, on March 9, 2000 and thereafter on March 31, 2000, complainant did not appear despite notice duly served upon the complainant through her sister, Janice Manio. 7 There being no evidence upon which respondent Judge may be held liable for misconduct in office, Justice Ramirez recommended the dismissal of the complaint against respondent Judge Fernando.chanrob1es virtua1 1aw 1ibrary

    While we are not unaware of our ruling in the cases of Javier v. Samonte (A.M. OCA IPI-No. 97-216-P, 21 September 1998) and OCA v. Eje (A.M. No. P-96-1198, 7 July 1998), however, under the circumstances, we have no other recourse except to approve the well taken recommendation of the investigator, Justice Pedro A. Ramirez (Ret.) and, thus, dismiss the case. There is no evidence against respondent Judge.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the Complaint at bar against respondent Judge Jose Ener S. Fernando is hereby DISMISSED.

    SO ORDERED.chanrob1es virtua1 1aw 1ibrary

    Bellosillo, Mendoza, Quisumbing and Buena, JJ., concur.

    Endnotes:



    1. Rollo, p. 2.

    2. Id.

    3. Rollo, pp. 27-32.

    4. Id., p. 46.

    5. Id, pp. 47-48.

    6. Id., p. 91.

    7. Id., pp. 99, 105, 106 and 110.

    A.M. No. RTJ-00-1589   September 29, 2000 - JEANET N. MANIO v. JOSE ENER S. FERNANDO


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