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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
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    A.M. No. 00-8-03-SB   August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. No. 00-8-03-SB. August 31, 2001.]

    RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES,

    [A.M. No. 00-8-04-SB. August 31, 2001.]

    RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE APPOINTMENTS, PROMOTIONS, ASSIGNMENTS, SUSPENSIONS, DISMISSALS OF, OR DISCIPLINARY ACTIONS ON, OFFICIALS AND EMPLOYEES OF THE SANDIGANBAYAN,

    [A.M. No. 00-8-05-SB. August 31, 2001.]

    RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE PRESIDING JUSTICE ENTERING INTO AN AMENDED MEMORANDUM OF UNDERSTANDING WITH PEA; and

    [A.M. No. 00-8-06-SB. August 31, 2001.]

    RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN THAT CANTEEN BE OPENED AND LEASED TO A CONCESSIONAIRE, ETC.,

    R E S O L U T I O N


    BELLOSILLO, J.:


    As their captions indicate, there are four (4) items to be resolved: (a) the acquisition of three (3) motor vehicles for the official use of Justices; (b) the appointments, promotions, assignments, suspensions, dismissals of, or disciplinary actions on, officials and employees of the Sandiganbayan; (c) the Amended Memorandum of Understanding with PEA; and, (d) the opening and leasing of the canteen to a concessionaire, the establishment of a medical-dental clinic, the adoption of a housing and an employee’s health and welfare plan, and the setting up of a library for the Sandiganbayan.chanrob1es virtua1 1aw 1ibrary

    On 16 January 2001 this Court referred the above problems to its Oversight Committee for study and recommendation. In pursuance therewith, the Chairman of the Committee scheduled a breakfast conference with the Presiding Justice and the Associate Justices of the Sandiganbayan to discuss the concerns being raised. Accordingly, on 19 January 2001, at 7:30 in the morning, a breakfast conference was held at the Justices’ Lounge, Supreme Court, between the members of the Oversight Committee on one hand, and the Presiding Justice and Associate Justices of the Sandiganbayan on the other. The meeting was also attended by Chief Justice Hilario G. Davide, Jr. and Justice Sabino R. De Leon, Jr. who was specially invited being a former member of the Sandiganbayan.

    As a result of the dialogue, the Oversight Committee directed the Chief, SC Motorpool to examine the condition of the vehicles sought to be replaced, and finding the necessity for the replacement, this Court in its Resolution of 13 February 2001 granted authority to the Sandiganbayan through its Presiding Justice to acquire three (3) new vehicles for the official use of three (3) Justices the amount to be drawn from its savings. Considering that the three (3) motor vehicles have already been purchased, A.M. No. 00-8-03-SB (Unnumbered Resolution of the Sandiganbayan re Acquisition of Three [3] Motor Vehicles for the Official Use of Justices) is now closed and terminated.

    With respect to A.M. No. 00-8-04-SB (Unnumbered Resolution of the Sandiganbayan re Appointments, Promotions, Assignments, Suspensions, Dismissals of, or Disciplinary Actions on, Officials and Employees of the Sandiganbayan), and A.M. No. 00-8-06-SB (Unnumbered Resolution of the Sandiganbayan that Canteen be Opened and Leased to a Concessionaire, etc.), both of which concern the internal affairs of the Sandiganbayan, the Oversight Committee instructed Atty. Adelaida Cabe-Baumann, formerly Deputy Clerk of Court and Chief, Administrative Services of the Supreme Court, now Consultant, to make a study and recommendation on the delineation of the non-judicial powers of the Sandiganbayan. Thereafter, on 19 February 2001, Atty. Baumann submitted a Memorandum to the Chairman of the Oversight Committee, pertinently quoted thuschanrob1es virtua1 1aw 1ibrary

    This refers to His Honor’s instruction to the undersigned to make a study/recommendation on the delineation of the non-judicial powers of the Sandiganbayan taking into consideration the various unnumbered resolutions of the said Court, the comment thereto of the Presiding Justice, as well as the reply of the Associate Justices.

    SECTION 6, ARTICLE VIII of the 1987 Constitution provides:jgc:chanrobles.com.ph

    "The Supreme Court shall have administrative supervision over all Courts and the personnel thereof."cralaw virtua1aw library

    Likewise, SECTION 10 of P.D. 1606 as amended, the law creating the Sandiganbayan, states:jgc:chanrobles.com.ph

    "SECTION 10. Authority over internal affairs — The Sandiganbayan shall administer its internal affairs and may adopt such rules governing the constitution of its divisions, the allocation of cases among them, the rotation of justices and other matters relating to its business (Emphasis supplied).

    SECTION 1, Rule II of the Revised Rules of the Sandiganbayan also provides:jgc:chanrobles.com.ph

    "SECTION 1. Exclusive Control. — Except as otherwise provided by the Constitution and Presidential Decree No. 1606, the Sandiganbayan shall have exclusive control, direction and supervision of all matters pertaining to its internal affairs and the operation of its business" (Emphasis supplied).

    Pursuant to the aforequoted provisions, and in order that the non-judicial functions of the said court be properly identified and delineated, the undersigned respectfully recommends the creation through a Resolution of the Court, the following committees in the Sandiganbayan which will handle their respective areas of responsibility, to wit:chanrob1es virtual 1aw library

    1. Committee on Personnel

    a. Composition: A Chairman and at least 2 Members chosen by the Sandiganbayan Justices among themselves

    b. Areas of Responsibility: Personnel matters such as appointment, recruitment, records management, leave matters, training, change of organizational structure, creation of position, discipline and retirement.

    2. Committee on Security

    a. Composition: A Chairman and at least 2 Members chosen by the Sandiganbayan Justices among themselves

    b. Areas of Responsibility: i. Formulation of security policies, ii. Enforcement and implementation of safety measures such as wearing of I.D. card, control of visitors, etc.

    3. Committee on Budget and Finance

    a. Composition: A Chairman and at least 2 Members chosen by the Sandiganbayan Justices among themselves

    b. Areas of Responsibility: i. Preparation and submission of annual budget, ii. Allotment of funds, iii. Accounting, iv. All financial transactions

    4. Committee on Buildings and Grounds

    a. Composition: A Chairman and at least 2 Members chosen by the Sandiganbayan among themselves

    b. Areas of Responsibility: i. Repairs, improvements and maintenance of buildings and grounds, ii. Installation of safety and necessary devices

    5. Committee on Purchase and Acquisition of Court Properties

    a. Composition: A Chairman and at least 2 Members chosen by the Sandiganbayan Justices among themselves

    b. Areas of Responsibility: i. Purchase and acquisition of vehicles, ii. Purchase, acquisition, repairs and disposal of office equipment, supplies, computers, furniture and books

    6. Committee on Employee Welfare and Benefits

    a. Composition: A Chairman and at least 2 Members chosen by the Sandiganbayan Justices among themselves

    b. Areas of Responsibility: i. Creation of Medical and Dental Services, ii. Establishment and operation of Employee’s Health and Welfare Plan, iii. Establishment of a Canteen for Justices, Officials and Employees, iv. Purchase of Shuttle Buses for the employees

    7. Committee on Raffle of Cases

    a. Composition: A Chairman and at least 2 Members chosen by the Sandiganbayan Justices among themselves

    b. Areas of Responsibility: Raffle of Cases

    8. Such other Committees which may be created by the Court En Banc (Sandiganbayan) as the need arises.

    As the Sandiganbayan has the power to administer its internal affairs as stated above, the actions/recommendations of all the Committees shall be subject to the approval of the Court En Banc (Sandiganbayan) and/or the Supreme Court for those cases which need approval of the latter.

    The Presiding Justice shall have the following powers:chanrob1es virtual 1aw library

    1. Implement the polices, execute the resolutions and enforce the orders of the Court en banc;

    2. Perform the functions specifically vested upon him by law, rules and regulations or those implied therefrom; and,

    3. Perform all other functions and duties inherent in his position as Presiding Justice.

    19 February 2001

    On 12 July 2001 the Oversight Committee agreed to adopt the Memorandum of Atty. Baumann and recommended to this Court its adoption by the Sandiganbayan. Accordingly, it appearing that the recommendations of Atty. Baumann are apt and comprehensive enough to cover the issues raised in A.M. No. 00-8-04-SB (Unnumbered Resolution of the Sandiganbayan re Appointments, Promotions, Assignments, Suspensions, Dismissals of, or Disciplinary Actions on, Officials and Employees of the Sandiganbayan), and A.M. No. 00-8-06-SB (Unnumbered Resolution of the Sandiganbayan that Canteen be opened and Leased to a Concessionaire, etc.), the Sandiganbayan is directed to implement the recommendations in the Memorandum of 19 February 2001.

    With regard to A.M. No. 00-8-05-SB (Unnumbered Resolution of the Sandiganbayan re Presiding Justice Entering Into an Amended Memorandum of Understanding with PEA), as a consequence of the refusal of the Presiding Justice of the Sandiganbayan to accept the building and sign the corresponding Amended Memorandum of Understanding with PEA, the apprehensions of the Presiding Justice appear to be unfounded.

    Admittedly, on 3 May 1999 the Sandiganbayan started occupying the building. On 8 June 1999 the Laguna Lake Development Authority submitted to the Presiding Justice of the Sandiganbayan the necessary Permit to Operate. On 18 October 1999 the Bureau of Fire Protection issued the Fire Safety and Inspection Certificate. On 20 October 1999 the Office of the City Engineer of Quezon City issued the Plumbing Certificate. On 8 November 1999 the Metropolitan Manila Development Authority issued the Certificate of Completion. On 24 November 2000 the Industrial Safety Division of the Department of Engineering of Quezon City issued the Mechanical Permit. On 11 December 2000 Hillmarc’s Construction Corporation issued the Certificate of Operation for the machinery, internal combustion engines, elevator and the dumbwaiter installed in the building. The building has also been issued a Certificate of Structural Integrity.

    It is also important to state that Congress has already appropriated funds to amortize the loan extended by the PEA to the Sandiganbayan for the construction of the building. The Finance and Budget Division of the Sandiganbayan has already examined the schedule of amortization attached to the amended memorandum of understanding and found it in order.

    Finally, in the Memorandum for the Sandiganbayan submitted by its Associate Justices dated 7 February 2001 the concerns of the Presiding Justice as to mouldings infested with wood borers, cracked tiles, fire alarm detectors and illegal sewer pipe were sufficiently disputed, explained and supported by necessary documents. As observed by them in their Memorandum

    . . . . The defects were minor and fully covered by warranties. They were remediable or replaceable, as in fact they were remedied or replaced. It was thus patently unfair to delay acceptance of the building — this half a billion-peso government facility — and to withhold payment of P123,738, 772. 32 due to the PEA just on the basis of such minor defects all of which, according to Engr. Antonio Garcia of Hillmarc’s Construction, did not even cost P3 Million! (see p. 8).

    All told, there appears no substantial reason why the acceptance of the building and the consequent signing of the amended memorandum of understanding should be withheld. In fine, the Sandiganbayan (Presiding Justice and Associate Justices) should be directed to accept the building and sign the Amended Memorandum of Understanding with PEA so that payment of amortization can be made forthwith.

    In his letter dated 16 July 2001 the Presiding Justice of the Sandiganbayan informed the Court that the total amortization due to PEA but which had remained unpaid as of 30 June 2001 was P164,985,029.76 and that the reason for the non-payment was the failure of the Department of Budget and Management (DBM) to act on the Sandiganbayan’s request dated 11 June 2001 for the release of the Notice of Cash Allocation (NCA) of the amount.chanrob1es virtua1 1aw 1ibrary

    IN VIEW WHEREOF, the Sandiganbayan (Presiding Justice and Associate Justices) is DIRECTED in A.M. No. 00-8-04-SB (Unnumbered Resolution of the Sandiganbayan re Appointments, Promotions, Assignments, Suspensions Dismissals or Disciplinary Actions on Officials and Employees of the Sandiganbayan) and A.M. No. 00-8-06-SB (Unnumbered Resolution of the Sandiganbayan that Canteen be Opened and Leased to a Concessionaire, etc.), to ADOPT AND IMPLEMENT the recommendations contained in the Memorandum of Atty. Adelaida Cabe-Baumann dated 19 February; 2000; and, in A.M. No. 00-8-05 SB (Unnumbered Resolution of the Sandiganbayan re Presiding Justice Entering Into an Amended Memorandum of Understanding with PEA), to ACCEPT the newly constructed building of the Sandiganbayan (now known as its "Centennial Building"), pay its obligation to PEA and SIGN the corresponding Amended Memorandum of Understanding with PEA without further delay.

    Also, in A.M. No. 00-8-05-SB (Unnumbered Resolution of the Sandiganbayan re Presiding Justice Entering Into an Amended Memorandum of Understanding with PEA), the Department of Budget and Management is DIRECTED to RELEASE the Notice of Cash Allocation (NCA) in the amount of P164,985,029.76 requested by the Sandiganbayan on 11 June 2001 and referred to in the 16 June 2001 letter of the Presiding Justice to this Court.

    A.M. No. 00-8-03-SB (Unnumbered Resolution of the Sandiganbayan re Acquisition of Three [3] Motor Vehicles for the Official Use of Justices) is CLOSED AND TERMINATED.cralaw : red

    SO ORDERED.

    Davide Jr., C.J., Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago, De Leon Jr., and Sandoval-Gutierrez, JJ., concur.

    A.M. No. 00-8-03-SB   August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES


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