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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
 

   
July-2001 Jurisprudence                 

  • A.M. No. MTJ-99-1188 July 2, 2001 - JOSE E. GURAY v. FABIAN M. BAUTISTA

  • A.M. No. P-01-1481 July 5, 2001 - RCBC v. NOEL V. QUILANTANG

  • G.R. No. 135199 July 5, 2001 - CRISOSTOMO MAGAT, ET AL. v. ALBERT M. DELIZO, ET AL.

  • G.R. No. 141285 July 5, 2001 - CEBU INSTITUTE OF MEDICINE, ET AL. v. CEBU INSTITUTE OF MEDICINE EMPLOYEES’ UNION

  • G.R. No. 141947 July 5, 2001 - ISMAEL V. SANTOS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144275 July 5, 2001 - NATIONAL HOUSING AUTHORITY, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. 97-2-53-RTC July 6, 2001 - RE: FERDINAND J. MARCOS

  • G.R. No. 132318 July 6, 2001 - PEOPLE OF THE PHIL. v. FERNANDO F. MUERONG

  • G.R. No. 134114 July 6, 2001 - NESTLE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134779 July 6, 2001 - PEOPLE OF THE PHIL. v. HERSON FLORAGUE, ET AL.

  • G.R. Nos. 137608-09 July 6, 2001 - PEOPLE OF THE PHIL. v. REMEGIO TAGANNA

  • G.R. No. 143375 July 6, 2001 - RUTH D. BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131856-57 July 9, 2001 - PEOPLE OF THE PHIL. v. WILLIAM MONTINOLA

  • G.R. Nos. 85494, 85496 & 195071 July 10, 2001 - CHOITHRAM JETHMAL RAMNANI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126166 July 10, 2001 - PEOPLE OF THE PHIL v. ALLAN TEJADA

  • G.R. No. 133928 July 10, 2001 - PEOPLE OF THE PHIL. v. NECESARIO HIJAPON, ET AL.

  • G.R. No. 136267 July 10, 2001 - PEOPLE OF THE PHIL. v. FIDEL ABRENICA CUBCUBIN, JR.

  • G.R. Nos. 142801-802 July 10, 2001 - BUKLOD NG KAWANING EIIB, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • A.M. No. MTJ-00-1253 July 11, 2001 - KIAT REAPORT, ET AL. v. EFREN S. MARIANO

  • A.M. No. P-01-1452 July 11, 2001 - FERMA C. PORTIC v. MARIO B. LOPEZ, ET AL.

  • G.R. No. P-01-1479 July 11, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. RUBEN B. ALBAYTAR

  • G.R. No. 104802 July 11, 2001 - AURELIA S. LLANA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 108301 & 132539 July 11, 2001 - MANILA ELECTRIC COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 108346 July 11, 2001 - MARIANO Z. VELARDE, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 135210 July 11, 2001 - COMMISSIONER OF INTERNAL REVENUE v. ISABELA CULTURAL CORP.

  • G.R. No. 137050 July 11, 2001 - PEOPLE OF THE PHIL. v. GEORGE CORTES

  • G.R. No. 137891 July 11, 2001 - PEOPLE OF THE PHIL. v. JESUS PATRIARCA

  • G.R. No. 140365 July 11, 2001 - CESAR P. UY, ET AL v. VICTORINO P. EVANGELISTA, ET AL.

  • G.R. No. 140974 July 11, 2001 - RAMON ORO v. GERARDO D. DIAZ

  • A.M. No. MTJ-01-1349 July 12, 2001 - BERNADETTE MONDEJAR v. MARINO S. BUBAN

  • G.R. No. 101974 July 12, 2001 - VICTORIA P. CABRAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 102313 July 12, 2001 - R. F. NAVARRO & CO. v. FORTUNATO A. VAILOCES, ET AL.

  • G.R. Nos. 102696, 102716, 108257 & 120954 July 12, 2001 - ALBERTO LOOYUKO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 104223 July 12, 2001 - TIBURCIO SAMONTE v. COURT OF APPEALS, ET AL.

  • G.R. No. 104383 July 12, 2001 - PEOPLE OF THE PHIL. v. VALERIANO AMESTUZO, ET AL.

  • G.R. No. 112590 July 12, 2001 - STATE INVESTMENT HOUSE v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131638-39 July 12, 2001 - PEOPLE OF THE PHIL. v. LORETO D. MEDENILLA

  • G.R. No. 138737 July 12, 2001 - FINMAN GEN. ASSURANCE CORP., v. COURT OF APPEALS, ET AL.

  • G.R. No. 138576-77 July 13, 2001 - PEOPLE OF THE PHIL. v. JIMMY JACOB

  • A.M. No. MTJ-00-1322 July 17, 2001 - RENATO H. SANCHEZ v. GEMINIANO A. EDUARDO

  • A.M. No. P-01-1484 July 17, 2001 - JOSE R. ASTORGA v. NICOLASITO S. SOLAS

  • G.R. Nos. 103550 & 103551 July 17, 2001 - PEOPLE OF THE PHIL v. ROMERICO PORRAS

  • G.R. No. 133814 July 17, 2001 - PEOPLE OF THE PHIL. v. ANDRES ORTIZ

  • G.R. Nos. 134540-41 July 18, 2001 - PEOPLE OF THE PHIL v. DIONISIO BATALLER

  • G.R. Nos. 109559 & 109581 July 19, 2001 - BERNARDO P. ABESAMIS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111535 July 19, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRO CAMPOS

  • G.R. Nos. 113255-56 July 19, 2001 - PEOPLE OF THE PHIL. v. ROMEO S. GONZALES

  • G.R. No. 125698 July 19, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO E. HAPA, ET AL.

  • G.R. Nos. 128153-56 July 19, 2001 - PEOPLE OF THE PHIL. v. VICENTE P. BUISON

  • G.R. No. 131216 July 19, 2001 - LEONARDO A. QUISUMBING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132177 July 19, 2001 - JOSE F. CAOIBES v. OMBUDSMAN, ET AL.

  • G.R. No. 133190 July 19, 2001 - PEOPLE OF THE PHIL. v. SANTOS LOR

  • G.R. No. 135145 July 19, 2001 - PEOPLE OF THE PHIL. v. RAYMOND G. MAXION

  • G.R. No. 137545 July 19, 2001 - TERESITA D. GAITE v. COURT OF APPEALS, ET AL.

  • G.R. No. 139789 July 19, 2001 - POTENCIANO ILUSORIO, ET AL. v. ERLINDA K. ILUSORIO BILDNER, ET AL.

  • G.R. No. 139967 July 19, 2001 - PEOPLE OF THE PHIL. v. MANUEL TALAVERA

  • G.R. Nos. 141011 & 141028 July 19, 2001 - CITYTRUST BANKING CORP. v. ISAGANI C. VILLANUEVA

  • G.R. No. 144179 July 19, 2001 - PEOPLE OF THE PHIL. v. RAMSHAND C. THAMSEY

  • A.M. No. MTJ-01-1350 July 20, 2001 - LORENZO PASCUAL, ET AL. v. CESAR M. DUMLAO

  • G.R. No. 110263 July 20, 2001 - ASIAVEST MERCHANT BANKERS (M) BERHAD v. COURT OF APPEALS, ET AL.

  • G.R. No. 117187 July 20, 2001 - UNION MOTOR CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120176 July 20, 2001 - MA. VALENTINA SANTANA-CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 124442 July 20, 2001 - PEOPLE OF THE PHIL. v. ARMANDO S. COMPACION

  • G.R. No. 132926 July 20, 2001 - ELVIRA AGULLO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 133580 July 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO GENEBLAZO

  • G.R. Nos. 135030-33 July 20, 2001 - PEOPLE OF THE PHIL. v. MERCY LOGAN

  • G.R. No. 135666 July 20, 2001 - PEOPLE OF THE PHIL. v. MELCHOR B. GARCIA

  • G.R. No. 135865 July 20, 2001 - NAGKAKAISANG KAPISANAN KAPITBAHAYAN SA COMMONWEALTH AVE. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138501 July 20, 2001 - PEOPLE OF THE PHIL. v. ERNESTO M. LAXA, ET AL.

  • G.R. No. 139150 July 20, 2001 - PABLO DELA CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142024 July 20, 2001 - GUILLERMO SARABIA v. PEOPLE OF THE PHIL.

  • G.R. No. 145838 July 20, 2001 - NICASIO I. ALCANTARA v. COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS, ET AL.

  • G.R. No. 146079 July 20, 2001 - KANEMITSU YAMAOKA v. PESCARICH MANUFACTURING CORP., ET AL.

  • A.M. No. RTJ-00-1564 July 26, 2001 - MARISSA M. GORDON, ET AL. v. FRISCO T. LILAGAN

  • G.R. Nos. 132325-26 July 26, 2001 - PEOPLE OF THE PHIL. v. ROMEO ESPINA

  • G.R. No. 133225 July 26, 2001 - PEOPLE OF THE PHIL. v. EDWIN CONCEPCION, ET AL.

  • G.R. Nos. 113176 & 113342 July 30, 2001 - HANIL DEVELOPMENT CO. v. COURT OF APPEALS, ET AL.

  • A.M. Nos. P-00-1381 & A.M. No. P-00-1382 July 31, 2001 - EFREN B. MALLARE v. RONALD ALLAN A. FERRY

  • G.R. No. 105647 July 31, 2001 - ERNESTO BIONA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 121298 & 122123 July 31, 2001 - GENARO RUIZ, SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129329 July 31, 2001 - ESTER M. ASUNCION v. NLRC, ET AL.

  • G.R. No. 130707 July 31, 2001 - VERONICA ROBLE, ET AL. v. DOMINADOR ARBASA, ET AL.

  • G.R. No. 134634 July 31, 2001 - PEOPLE OF THE PHIL. v. LAZARO CLARIÑO, ET AL.

  • G.R. Nos. 134831-32 July 31, 2001 - PEOPLE OF THE PHIL. v. RAMON N. LOGMAO

  • G.R. Nos. 136827 & 136799 July 31, 2001 - SECRETARY OF AGRARIAN REFORM, ET AL. v. TROPICAL HOMES

  • G.R. No. 136847 July 31, 2001 - PEOPLE OF THE PHIL v. RODULFO P. VILLARIN, ET AL.

  • G.R. No. 138289 July 31, 2001 - GRACIANO PALELE v. COURT OF APPEALS, ET AL.

  • G.R. No. 139180 July 31, 2001 - PEOPLE OF THE PHIL. v. ROLANDO RIVERA

  • G.R. No. 139529 July 31, 2001 - PEOPLE OF THE PHIL. v. TIMOTEO BRACERO

  • G.R. No. 139622 July 31, 2001 - PEOPLE OF THE PHIL. v. PEDRO PERRERAS, ET AL.

  • G.R. No. 142616 July 31, 2001 - PHIL. NATIONAL BANK v. RITRATTO GROUP INC., ET AL.

  • G.R. No. 143687 July 31, 2001 - RAMON ESTANISLAO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144702 July 31, 2001 - U.I.C. ET AL. v. U.I.C. TEACHING AND NON-TEACHING PERSONNEL AND EMPLOYEES UNION, ET AL.

  • G.R. No. 145389 July 31, 2001 - ANIANO A. DESIERTO, ET AL. v. RONNIE C. SILVESTRE

  •  





     
     

    G.R. No. 145389   July 31, 2001 - ANIANO A. DESIERTO, ET AL. v. RONNIE C. SILVESTRE

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 145389. July 31, 2001.]

    Ombudsman ANIANO A. DESIERTO, Customs Commissioner RENATO A. AMPIL and Captain DOMINGO S. DOCTOR, JR., Petitioners, v. RONNIE C. SILVESTRE, Respondent.

    D E C I S I O N


    PARDO, J.:


    The Case


    The petition is one for review on certiorari 1 seeking to set aside (a) the decision of the Court of Appeals 2 nullifying the preventive suspension order issued by petitioner Ombudsman; and (b) the resolution 3 denying petitioner’s motion for reconsideration.chanrob1es virtua1 1aw 1ibrary

    The Ombudsman issued an order of preventive suspension 4 in connection with the administrative charges for grave misconduct, dishonesty and conduct prejudicial to the best interest of the service that Task Force Aduana filed with the Office of the Ombudsman against respondent Ronnie C. Silvestre and Atty. Redempto Somera.

    On February 14, 2000, respondent filed with the Ombudsman a motion for the lifting of the order of preventive suspension. However, on April 03, 2000, the Ombudsman denied the motion.

    On May 31, 2000, respondent filed with the Court of Appeals 5 a petition for certiorari and prohibition with temporary restraining order and writ of preliminary injunction questioning the order of preventive suspension issued by petitioner Ombudsman.

    After due proceedings, on August 14, 2000, the Court of Appeals promulgated its decision 6 annulling and setting aside the order of preventive suspension against respondent for having been issued by the Ombudsman in grave abuse of discretion.

    On October 06, 2000, the Court of Appeals denied a motion for reconsideration filed by the Solicitor General.chanrob1es virtual law library

    Hence, this petition. 7

    The Facts


    On January 26, 2000, elements of Task Force "Aduana" headed by petitioner Doctor conducted an entrapment operation in a case of bribery involving Atty. Redempto C. Somera, Hearing Officer, Law Division, Bureau of Customs, Manila, and Indian nationals who had pending cases of seizure with the former.

    After the pay-off materialized, petitioner Doctor announced the entrapment and then arrested Atty. Somera and two (2) Indian nationals, namely, Murli Tejoomal Mohrani and Kumar Rupchand Khiatani, for violation of Article 210 of the Revised Penal Code. As a consequence, the Task Force filed with the Regional Trial Court, Manila, charges of bribery, violation of R.A. No. 3019, and corruption of public officials against them.

    Likewise, the Task Force filed with the Ombudsman administrative charges for grave misconduct, dishonesty and conduct prejudicial to the best interest of the service against respondent Ronnie C. Silvestre and Atty. Somera.chanrob1es virtua1 1aw 1ibrary

    The Issue


    The issue is whether the Ombudsman has authority to suspend from office respondent Ronnie C. Silvestre indefinitely on the basis of the administrative complaint filed with his office showing that evidence of guilt is strong.

    The Court’s Ruling


    We need not resolve the issue presented. We dismiss the petition. It has become moot.

    On February 14, 2001, the Ombudsman dismissed the administrative charges against Respondent. In dismissing the charges, the Ombudsman categorically ruled as follows:jgc:chanrobles.com.ph

    "It is another story, however, as regards respondent SILVESTRE. In implicating respondent SILVESTRE in the instant case, Atty. DOCTOR stated in his AFFIDAVIT OF ARREST AND COMPLAINT, the following:chanrob1es virtual 1aw library

    ‘6. That after the hearing of the case (S.I. No. 00-005) on January 20, 2000, ATTY. SOMERA approached me and invited me to the room of ATTY. RONNIE SILVESTRE (herein petitioner), Head of the Law Department of the Port of Manila wherein the duo convinced me to cooperate with them in the withdrawal of the complaint and its eventual dismissal;chanrob1es virtua1 1aw 1ibrary

    ‘7. That I did not commit myself to their proposition to drop the case but I just continued talking with them with the plan in mind to report the same to LT. GEN. JOSE T. CALIMLIM, Task Force Commander of Presidential Anti-Smuggling Task Force ADUANA;’

    "Except this bare allegation of the complainant, however, practically no other evidence was ever presented to substantiate the charge against respondent SILVESTRE. At this point, it may be noted that well settled is the rule that within the field of administrative law, while strict rules of evidence are not applicable to quasi-judicial proceedings, nevertheless, in adducing evidence constitutive of substantial evidence, the basic rule that mere allegation is not evidence cannot be disregarded.

    "We are, therefore inclined to believe the defense of respondent SILVESTRE, that what was discussed between him, respondent SOMERA and Atty. DOCTOR on January 20, 2000, was the legal issue on the continued detention of some kitchen wares which were not covered by the Warrant of Seizure and Detention (WSD). This, in light of subsequent Order of the District Collector of the Port of Manila dated March 2, 2000, releasing the said kitchen wares which were indeed, not covered by the Warrant of Seizure and Detention (WSD) . . .chanrob1es virtua1 1aw 1ibrary

    "Worthy of note also is the DECISION of the Court of Appeals in CA-G.R. SP No. 58958 dated August 14, 2000 entitled RONNIE C. SILVESTRE v. OMBUDSMAN ANIANO A. DESIERTO, (pages 253 to 254, Records) where in granting the petition for certiorari and prohibition involving the preventive suspension order on respondent SILVESTRE, the said appellate court stated, thus:jgc:chanrobles.com.ph

    "x       x       x

    "While the above DECISION may not necessarily be controlling in the resolution of the merits of the instant case insofar as it pertains to respondent SILVESTRE, we cannot help but note its relevancy inasmuch as practically no other evidence was presented by the complainant, other than his AFFIDAVIT OF ARREST AND COMPLAINT to support the charge against respondent SILVESTRE. Needless to state, this is also the very same and only evidence presented before the Court of Appeals which rendered the aforequoted DECISION." chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the Court hereby DISMISSES the petition for mootness.

    No costs.

    SO ORDERED.

    Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Davide, Jr., C.J., on official business.

    Endnotes:



    1. Rollo, pp. 7-21.

    2. Petition, Annex "A", Rollo, pp. 23-27.

    3. Ibid., Annex "B", Rollo, p. 29.

    4. Dated February 02, 2000.

    5. Docketed as CA-G.R. SP No. 58958.

    6. Villarama, Jr., J., ponente, Montoya and Callejo, Sr., JJ., concurring.

    7. Filed on November 27, 2000. On April 4, 2001, we gave due course to the petition. Rollo, pp. 70-71.

    G.R. No. 145389   July 31, 2001 - ANIANO A. DESIERTO, ET AL. v. RONNIE C. SILVESTRE


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