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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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June-2001 Jurisprudence                 

  • A.M. No. P-00-1446 June 6, 2001 - PATERNO R. PLANTILLA v. RODRIGO G. BALIWAG

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  • G.R. Nos. 138298 & 138982 June 19, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 139313 June 19, 2001 - PEOPLE OF THE PHIL. v. FLORANTE LEAL

  • G.R. No. 140690 June 19, 2001 - PEOPLE OF THE PHIL. v. NAZAR U. CHAVEZ

  • G.R. No. 141441 June 19, 2001 - JOSE SUAN v. NLRC, ET AL.

  • A.M. No. 00-10-230-MTCC June 20, 2001 - RE: JULIAN C. OCAMPO III AND RENATO C. SAN JUAN

  • A.M. No. 00-11-521-RTC June 20, 2001 - RE: AWOL OF MS. LILIAN B. BANTOG

  • A.M. No. P-99-1346 June 20, 2001 - RESTITUTO L. CASTRO v. CARLOS BAGUE

  • A.M. No. RTJ-00-1606 June 20, 2001 - PATRIA MAQUIRAN v. LILIA G. LOPEZ

  • G.R. No. 84831 June 20, 2001 - PACENCIO ABEJARON v. FELIX NABASA, ET AL.

  • G.R. No. 109666 June 20, 2001 - ROGERIO R. OLAGUER, ET AL. v. EUFEMIO DOMINGO, ET AL.

  • G.R. No. 113564 June 20, 2001 - INOCENCIA YU DINO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115851 June 20, 2001 - LA JOLLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127129 June 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO CABAYA, ET AL.

  • G.R. No. 128617 June 20, 2001 - PEOPLE OF THE PHIL. v. CESAR BACUS

  • G.R. Nos. 129292-93 June 20, 2001 - PEOPLE OF THE PHIL. v. ARLENGEN DEGALA

  • G.R. No. 130524 June 20, 2001 - PEOPLE OF THE PHIL. v. RUDY MADIA

  • G.R. No. 131036 June 20, 2001 - PEOPLE OF THE PHIL. v. DONATO DEL ROSARIO

  • G.R. Nos. 135976-80 June 20, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO GALENO

  • G.R. No. 138629 June 20, 2001 - PEOPLE OF THE PHIL. v. RAMON CAMACHO

  • G.R. No. 139430 June 20, 2001 - EDI STAFF BUILDERS INTERNATIONAL v. FERMINA D. MAGSINO

  • G.R. Nos. 139445-46 June 20, 2001 - PEOPLE OF THE PHIL. v. RODRIGO GONZALES

  • G.R. No. 142304 June 20, 2001 - CITY OF MANILA v. OSCAR SERRANO, ET AL.

  • A.M. No. MTJ-01-1342 June 21, 2001 - BISHOP CRISOSTOMO A. YALUNG, ET AL. v. ENRIQUE M. PASCUA

  • G.R. No. 108558 June 21, 2001 - ANDREA TABUSO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109197 June 21, 2001 - JAYME C. UY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 111580 & 114802 June 21, 2001 - SHANGRI-LA INTERNATIONAL HOTEL MNGT. LTD. ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116200-02 June 21, 2001 - PEOPLE OF THE PHIL. v. ELEUTERIO TAN, ET AL.

  • G.R. No. 131131 June 21, 2001 - PEOPLE OF THE PHIL. v. ABELARDO SALONGA

  • G.R. No. 134138 June 21, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO BRIONES AYTALIN

  • G.R. Nos. 135552-53 June 21, 2001 - PEOPLE OF THE PHIL. v. ABEL ABACIA, ET AL.

  • G.R. No. 139542 June 21, 2001 - PEOPLE OF THE PHIL. v. INOCENCIO GONZALEZ

  • G.R. No. 140206 June 21, 2001 - PEOPLE OF THE PHIL. v. RODOLFO MATYAONG

  • G.R. No. 142023 June 21, 2001 - SANNY B. GINETE v. SUNRISE MANNING AGENCY, ET AL.

  • G.R. No. 103068 June 22, 2001 - MEAT PACKING CORP. OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • A.M. No. MTJ-96-1110 June 25, 2001 - MANUEL N. MAMBA, ET AL. v. DOMINADOR L. GARCIA

  • G.R. No. 116710 June 25, 2001 - DANILO D. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 117857 June 25, 2001 - LUIS S. WONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128126 June 25, 2001 - PEOPLE OF THE PHIL. v. RAFAEL M. CATAPANG

  • G.R. No. 132051 June 25, 2001 - TALA REALTY SERVICES CORP. v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK

  • G.R. No. 134068 June 25, 2001 - UNION BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136221 June 25, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136382 June 25, 2001 - PEOPLE OF THE PHIL. v. FIDEL ALBORIDA

  • G.R. Nos. 138439-41 June 25, 2001 - PEOPLE OF THE PHIL. v. MARIO PANGANIBAN

  • G.R. No. 141141 June 25, 2001 - PAGCOR v. CARLOS P. RILLORAZA

  • G.R. No. 141801 June 25, 2001 - SOLOMON ALVAREZ v. COURT OF APPEALS

  • G.R. No. 143428 June 25, 2001 - SANDOVAL SHIPYARDS, ET AL. v. PRISCO PEPITO, ET AL.

  • A.M. No. 99-11-423-RTC June 26, 2001 - RE: Report on the Judicial Audit Conducted in the Regional Trial Court

  • A.M. No. RTJ-99-1461 June 26, 2001 - RICARDO DELA CRUZ v. HERMINIA M. PASCUA

  • A.M. No. RTJ-99-1486 June 26, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ISMAEL SANCHEZ

  • G.R. Nos. 110547-50 & 114526-667 June 26, 2001 - JOSE SAYSON v. SANDIGANBAYAN ET AL.

  • G.R. No. 120859 June 26, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. FRANCISCO Y. WONG

  • G.R. No. 123542 June 26, 2001 - PEOPLE OF THE PHIL. v. ROGELIO BULOS

  • G.R. Nos. 132848-49 June 26, 2001 - PHILROCK v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 133990 June 26, 2001 - PEOPLE OF THE PHIL. v. HECTOR MARIANO

  • G.R. No. 134764 June 26, 2001 - PEOPLE OF THE PHIL v. BENJAMIN FABIA

  • G.R. Nos. 139626-27 June 26, 2001 - PEOPLE OF THE PHIL. v. DOMINGO DELA CRUZ

  • G.R. No. 143204 June 26, 2001 - HYATT TAXI SERVICES INC. v. RUSTOM M. CATINOY

  • G.R. Nos. 147589 & 147613 June 26, 2001 - ANG BAGONG BAYANI-OFW LABOR PARTY, ET AL. v. COMELEC, ET AL.

  • G.R. No. 130661 June 27, 2001 - PEOPLE OF THE PHIL. v. DANILO I. TORRES, ET AL.

  • G.R. No. 135882 June 27, 2001 - LOURDES T. MARQUEZ v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 140001 June 27, 2001 - PEOPLE OF THE PHIL. v. EDUARDO BUENAFLOR

  • A.C. No. 3910 June 28, 2001 - JOSE S. DUCAT v. ARSENIO C. VILLALON, ET AL.

  • A.C. No. 4073 June 28, 2001 - ARACELI SIPIN-NABOR v. BENJAMIN BATERINA

  • A.M. No. P-01-1480 June 28, 2001.

    AMADO S. CAGUIOA v. CRISANTO FLORA

  • A.M. No. P-99-1343 June 28, 2001 - ORLANDO T. MENDOZA v. ROSBERT M. TUQUERO, ET AL.

  • A.M. No. RTJ-00-1576 June 28, 2001 - SIMPLICIO ALIB v. EMMA C. LABAYEN

  • G.R. No. 105364 June 28, 2001 - PHIL. VETERANS BANK EMPLOYEES UNION-N.U.B.E., ET AL. v. BENJAMIN VEGA, ET AL.

  • G.R. No. 110813 June 28, 2001 - PEOPLE OF THE PHIL. v. ERNESTO PARDUA, ET AL.

  • G.R. No. 110914 June 28, 2001 - ALFREDO CANUTO; JR., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 112453-56 June 28, 2001 - PEOPLE OF THE PHIL. v. GERARDO LATUPAN

  • G.R. Nos. 112563 & 110647 June 28, 2001 - HEIRS OF KISHINCHAND HIRANAND DIALDAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 120630 June 28, 2001 - PEOPLE OF THE PHIL. v. MARCELO PALERMO

  • G.R. No. 131954 June 28, 2001 - ASELA B. MONTECILLO, ET AL v. CIVIL SERVICE COMMISSION

  • G.R. Nos. 132026-27 June 28, 2001 - PEOPLE OF THE PHIL. v. MARIO ABENDAN, ET AL.

  • G.R. No. 132362 June 28, 2001 - PIO BARRETTO REALTY DEV’T. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132837 June 28, 2001 - JO CINEMA CORP., ET AL. v. LOLITA C. ABELLANA, ET AL.

  • G.R. No. 133605 June 28, 2001 - PEOPLE OF THE PHIL. v. BENJAMIN BARRIAS

  • G.R. No. 135846 June 28, 2001 - PEOPLE OF THE PHIL v. NOEL ORTEGA

  • G.R. No. 138270 June 28, 2001 - SEA POWER SHIPPING ENTERPRISES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142314 June 28, 2001 - MC ENGINEERING, ET AL. v. NLRC, ET AL.

  • G.R. No. 143723 June 28, 2001 - LITONJUA GROUP OF CO.’s., ET AL. v. TERESITA VIGAN

  • G.R. No. 144113 June 28, 2001 - EDWEL MAANDAL v. PEOPLE OF THE PHIL

  • G.R. No. 144942 June 28, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA SUERTE CIGAR.

  • G.R. No. 146062 June 28, 2001 - SANTIAGO ESLABAN v. CLARITA VDA. DE ONORIO

  • A.M. No. 00 4-166-RTC June 29, 2001 - Re: Report on the Judicial Audit

  • A.M. No. 01-4-03-SC June 29, 2001 - HERNANDO PEREZ, ET AL. v. JOSEPH E. ESTRADA, ET AL.

  • A.M. No. P-00-1380 June 29, 2001 - GLORIA O. DINO v. FRANCISCO DUMUKMAT

  • G.R. No. 110480 June 29, 2001 - BANGKO SILANGAN DEVELOPMENT BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111860 June 29, 2001 - PEOPLE OF THE PHIL. v. JESUS CLEDORO

  • G.R. No. 116092 June 29, 2001 - SUSANA VDA. DE COCHINGYAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118251 June 29, 2001 - METROPOLITAN BANK AND TRUST COMPANY v. REGINO T. VERIDIANO II, ET AL.

  • G.R. No. 121597 June 29, 2001 - PHIL. NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 125944 June 29, 2001 - DANILO SOLANGON, ET AL. v. JOSE AVELINO SALAZAR

  • G.R. No. 126396 June 29, 2001 - PEOPLE OF THE PHIL v. FELIXBERTO LAO-AS

  • G.R. No. 128705 June 29, 2001 - CONRADO AGUILAR v. COMMERCIAL SAVINGS BANK, ET AL.

  • G.R. No. 129782 June 29, 2001 - PEOPLE OF THE PHIL. v. BALWINDER SINGH, ET AL.

  • G.R. No. 131968 June 29, 2001 - ERNESTO PENGSON, ET AL v. MIGUEL OCAMPO, ET AL.

  • G.R. No. 132059 June 29, 2001 - PEOPLE OF THE PHIL. v. WENEFREDO DIMSON ASOY

  • G.R. No. 138598 June 29, 2001 - ASSET PRIVATIZATION TRUST v. SANDIGANBAYAN, ET AL.

  • G.R. No. 144542 June 29, 2001 - FRANCISCO DELA PEÑA, ET AL v. SANDIGANBAYAN, ET AL.

  •  





     
     

    A.C. No. 4073   June 28, 2001 - ARACELI SIPIN-NABOR v. BENJAMIN BATERINA

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.C. No. 4073. June 28, 2001.]

    ARACELI SIPIN-NABOR, Complainant, v. ATTY. BENJAMIN BATERINA y FIGUERAS, Respondent.

    R E S O L U T I O N


    PARDO, J.:


    On March 10, 1993, Araceli Sipin-Nabor filed with the Supreme Court a complaint against Atty. Benjamin Baterina y Figueras 1 seeking his removal or suspension from the bar for betrayal of trust and grave misconduct. 2

    On August 16, 1993, we required respondent to file comment on the complaint filed against him. 3 Not having filed the comment, on August 21, 1996, the Court required respondent to show cause why he should not be disciplinarily dealt with for failure to file the required comment. 4 On April 30, 1997, the Court imposed a fine of P500.00 on respondent for failure to show cause and to file his comment and required him to file the comment within ten (10) days from notice. 5

    On March 3, 1998, the Court’s Cashier certified that there was no payment made by Atty. Baterina in the amount of P500.00. 6 On October 19, 1998, the Court increased the fine to P1,000.00, and referred the case to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation. 7

    On January 18, 1999, respondent remitted Postal Money Order No. B-8630436, amounting to P1,000.00, in payment of the fine imposed upon him.

    On May 10, 2000, we received notice of a resolution from the IBP Board of Governors finding respondent guilty of violating Rule 18.03 of Canon 18 of the Code of Professional Responsibility and recommending his suspension from the practice of law for six (6) months, viz:chanrob1es virtua1 1aw 1ibrary

    "RESOLUTION NO. XIV-00-185

    Adm. Case NO. 4073

    Araceli Sipin-Nabor v.

    Atty. Benjamin Baterina

    RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution/Decision as Annex "A", and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, Respondent be SUSPENDED from the practice of law for six (6) months for violation of Rule 18.03 of Canon 18 of the Code of Professional Responsibility and repeated failure to file his Comment/Answer to the complaint." 8

    In 1993, complainant, her brothers and sister engaged the services of Atty. Benjamin F. Baterina as their counsel as defendants in Civil Case No. 4195-V of the Regional Trial Court Vigan, Ilocos Sur, for quieting of title and recovery of possession. Respondent filed with the trial court a "Motion to Extend Time" within which to file an Answer to the complaint. However, Atty. Baterina failed to file the answer to the complaint. Upon motion of the plaintiffs, the trial court declared defendants in default, and allowed the plaintiffs to present their evidence ex parte. On January 28, 1993, the trial court rendered a decision adverse to the complainant.

    In her complaint, 9 complainant alleged that she paid respondent the amount of P2,000.00, demanded by him, for the purpose of filing an answer with counter-claim in the case referred to. Despite respondent’s promise to file an answer to the complaint, he did not do so, notwithstanding that she was made to execute a verification on the pretext that respondent had prepared the answer.

    On November 5, 1999, the IBP Commission on Bar Discipline ("CBD") 10 concluded that there was willful disobedience to the lawful orders of the Supreme Court by respondent Atty. Baterina warranting a six (6) months suspension from the practice of the legal profession. 11 The IBP approved the report and recommendations of CBD. 12

    We agree with the IBP Board of Governors that respondent was guilty of gross misconduct. However, the recommended penalty is not commensurate to the gravity of the wrong perpetrated.

    It would indeed appear that Atty. Benjamin Baterina demanded P2,000.00 for the filing of an answer with counterclaim which he did not file in Civil Case No. 4195-V. Thus, respondent pocketed the amount. Respondent lawyer truly was negligent in handling the case. Moreover, his repeated failure to comply with, the resolutions of the Court requiring him to comment on the complaint indicates a high degree of irresponsibility tantamount to willful disobedience to the lawful orders of the Supreme Court.

    Respondent, by converting the money of his client to his own personal use without her consent and by deceiving the complainant into giving him the amount of P2,000.00 purportedly to be used for filing an answer with counterclaim, is undoubtedly guilty of deceit, malpractice and gross misconduct. By so doing, he betrayed the confidence reposed in him by his client. Not only did he degraded himself as an unfaithful lawyer, he has besmirched the fair name of an honorable profession. 13 "The conversion by a lawyer of funds entrusted to him is a gross violation of professional ethics and a betrayal of public confidence in the legal profession." 14

    This Court has been exacting in its demand for integrity and good moral character of members of the Bar. A lawyer shall at all times uphold the integrity and dignity of the legal profession. The trust and confidence necessarily reposed by clients requires in the attorney a high standard and appreciation of his duty to his clients, his profession, the courts and the public. The bar must maintain a high standard of legal proficiency as well as of honesty and fair dealing. Generally speaking, a lawyer can do honor to the legal profession by faithfully performing his duties to society, to the bar, to the courts and to his clients. To this end, members of the legal fraternity can do nothing that might tend to lessen in any degree the confidence of the public in the fidelity, honesty and integrity of the profession. 15

    Here, respondent lawyer forgot what he swore to in his lawyer’s oath. Respondent’s "misconduct constitutes a gross violation of his oath as a lawyer which, inter alia, imposes upon every lawyer the duty to delay no man for money or malice." 16

    The Court will not tolerate any departure from the path that a lawyer must follow as demanded by the virtues of his profession. This is specially so, as here, where respondent even deliberately defied the lawful orders of the Supreme Court for him to file his comment on the complaint.chanrob1es virtua1 1aw 1ibrary

    The Court notes that there is no indication that respondent lawyer returned to complainant what was due her or showed any remorse for what he did. The failure to file his comment is a failure that also indicated his lack of regard for the very serious charges brought against him. Respondent lawyer, by his conduct, has shown that he is not worthy to remain a member of the bar.

    WHEREFORE, respondent Atty. Benjamin Figueras Baterina is hereby suspended from the practice of law for two (2) years, effective immediately. He is directed to restitute to complainant Araceli Sipin-Nabor the sum of two thousand (P2,000.00) pesos in one full payment within ten (10) days from notice, otherwise, he shall remain under suspension until he paid complainant the amount. He shall submit to the Court proof of payment of the above-stated amount within ten (10) days from payment.chanrob1es virtua1 1aw 1ibrary

    This resolution shall take effect immediately and copies thereof furnished the Office of the Bar Confidant, to be appended to respondent’s personal record, and the National Office and the Ilocos Sur Chapter, Integrated Bar of the Philippines. The Court Administrator shall furnish copies to all courts of the land for their information and guidance.

    SO ORDERED.chanrob1es virtua1 1aw 1ibrary

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

    Endnotes:



    1. Admitted to the bar on March 6, 1964, Roll of Attorney No. 18469.

    2. Rollo, p. 1.

    3. Rollo, p. 9.

    4. Rollo, p. 28.

    5. Rollo, p. 29.

    6. Rollo, p. 31.

    7. Rollo, p. 33.

    8. Rollo, pp. 34-40.

    9. Dated March 2, 1993.

    10. Through Commissioner Lydia A. Navarro.

    11. Report and Recommendation, Rollo, pp. 36-40.

    12. Rollo, p. 35.

    13. Nakpil v. Valdes, 350 Phil. 412, 430 [1998]; Docena v. Limon, 356 Phil. 570 [1998].

    14. Gonato v. Adaza, 328 SCRA 694, 697 [2000], citing Obia v. Catimbang, 196 SCRA 23 [1991].

    15. Marcelo v. Javier, 214 SCRA 1, 12-13 [1992], Fernandez v. Grecia, 223 SCRA 425, 434 [1993].

    16. Navarro v. Meneses, 349 Phil. 520, 527 [1998].

    A.C. No. 4073   June 28, 2001 - ARACELI SIPIN-NABOR v. BENJAMIN BATERINA


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