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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
 

   
June-2001 Jurisprudence                 

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

  • A.M. No. P-91-642 June 6, 2001 - SOLEDAD LAURO v. EFREN LAURO

  • G.R. No. 92328 June 6, 2001 - DAP MINING ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100579 June 6, 2001 - LEANDRO P. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113918 June 6, 2001 - MARCELINA G. TRINIDAD, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121272 June 6, 2001 - PEOPLE OF THE PHIL. v. REYDERICK LAGO

  • G.R. No. 122353 June 6, 2001 - EVANGELINE DANAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129534 & 141169 June 6, 2001 - PEOPLE OF THE PHIL. v. NESTOR MACANDOG, ET AL.

  • G.R. No. 138949 June 6, 2001 - UNION BANK OF THE PHIL. v. SEC

  • G.R. No. 138971 June 6, 2001 - PEZA v. RUMOLDO R FERNANDEZ

  • G.R. No. 139034 June 6, 2001 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139323 June 6, 2001 - PEOPLE OF THE PHIL. v. CARLO ELLASOS, ET AL.

  • G.R. No. 140128 June 6, 2001 - ARNOLD P. MOLLANEDA v. LEONIDA C. UMACOB

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  • G.R. No. 141529 June 6, 2001 - FRANCISCO YAP, JR. v. COURT OF APPEALS, ET AL.

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  • G.R. No. 143561 June 6, 2001 - JONATHAN D. CARIAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 110335 June 18, 2001 - IGNACIO GONZALES, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-01-1615 June 19, 2001 - WINNIE BAJET v. PEDRO M. AREOLA

  • A.M. No. RTJ-01-1633 June 19, 2001 - ANTONIO and ELSA FORTUNA v. MA. NIMFA PENACO-SITACA, ET AL.

  • G.R. No. 99433 June 19, 2001 - PROJECT BUILDERS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114944 June 19, 2001 - MANUEL C. ROXAS, ET AL. v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 120701 June 19, 2001 - PEOPLE OF THE PHIL. v. JONATHAN CRISANTO

  • G.R. No. 123916 June 19, 2001 - PEOPLE OF THE PHIL. v. LYNTON ASUNCION

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  • G.R. No. 132160 June 19, 2001 - PEOPLE OF THE PHIL. v. MARIO DE LEON, ET AL.

  • G.R. No. 132223 June 19, 2001 - BONIFACIA P. VANCIL v. HELEN G. BELMES

  • G.R. No. 134895 June 19, 2001 - STA. LUCIA REALTY and DEV’T., ET AL. v. LETICIA CABRIGAS, ET AL.

  • G.R. No. 137164 June 19, 2001 - PEOPLE OF THE PHIL. v. ALBERT NUBLA

  • G.R. No. 137752 June 19, 2001 - PEOPLE OF THE PHIL. v. ROBERT AYUNGON

  • 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.

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 110914. June 28, 2001.]

    ALFREDO CANUTO; JR. and ROMEO DE LA CORTE, Petitioners, v. NATIONAL LABOR RELATIONS COMMISSION and COLGATE PALMOLIVE PHILIPPINES, INC., Respondents.

    D E C I S I O N


    DE LEON, JR., J.:


    Before us is a petition for certiorari under Rule 65 seeking the reversal of the Resolution 1 and Order 2 of public respondent National Labor Relations Commission dated April 22, 1993 and June 30, 1993, respectively, rendered in NLRC NCR CA No. 003891-92, declaring petitioners to have been lawfully dismissed by private Respondent.chanrob1es virtua1 1aw 1ibrary

    Prior to their termination, petitioners Alfredo Canuto, Jr. and Romeo De La Corte were employed. by private respondent Colgate Palmolive Philippines, Inc. (Colgate) as statistical quality control supervisor and production foreman, respectively. Canuto was then earning a salary of P9,540.00 per month plus a monthly allowance of P6,770.00, while De La Corte was paid P8,250.00 per month.

    On July 5, 1989, Colgate terminated petitioners’ services. The notice of termination, signed by respondent’s officers, namely Aniceto Y. Dideles, Dexter C. Mendoza, and Ramon F. Alborte, stated that petitioners were being dismissed for loss of confidence. Petitioners, it would appear, were involved in a scheme to defraud respondent company. Basically, the plot consisted of an attempt to induce the company to purchase several drums of perfume used in the manufacture of its toilet soaps and shampoos. The deception was that Colgate already owned the drums of perfume.

    The plot was uncovered when Colgate’s Manufacturing Director, William Christopher, received two (2) confidential letters detailing the anomaly. An investigation resulted, leading to the entrapment of the malefactors, among whom were petitioners. For purposes of this resolution, we deem it unnecessary to recount at length the complicated behind-the-scene maneuverings which revealed petitioners’ complicity in the scheme, for reasons we shall subsequently discuss.chanrob1es virtua1 law library

    On July 4, 1990, petitioners filed a complaint for illegal termination against Colgate. 3 The complaint prayed for the payment of backwages and other benefits, as well as damages.

    Hearings ensued. On September 8, 1992, Labor Arbiter Manuel R. Caday issued a Decision 4 finding petitioners to have been illegally dismissed. He ordered private respondent to reinstate petitioners and to pay them backwages and other benefits equivalent to P825,492.00 [Canuto] and P404,814.00 [De La Corte]. Colgate appealed the decision to the Commission. As aforesaid, the Commission overruled the labor arbiter’s findings and declared petitioners to have been dismissed for cause. However, it ordered Colgate to pay petitioners an indemnity of P1,000.00 in view of the company’s alleged failure to accord petitioners due process.

    The petitioners then interposed the instant special civil action. As grounds for allowance of their petition, petitioners argue, to wit:chanrob1es virtual 1aw library

    I


    Public Respondent gravely abused its discretion in completely ignoring the findings of facts by the labor arbiter in the case at bar;chanrob1es virtua1 1aw 1ibrary

    II


    Public Respondent gravely abused its discretion in admitting/considering purely respondent evidence in resolving the appeal made to them by respondent company Colgate Palmolive Philippines despite its inadmissibility as ruled by the labor arbiter;

    III


    Public Respondent gravely abused its discretion in resolving that respondent Colgate Palmolive Philippines, Inc. had sufficiently proven petitioners guilt in the labor arbiter’s proceedings;

    IV


    Public Respondent gravely abused its discretion in ignoring petitioners evidence and testimonies given in the proceedings undisputed;

    V


    Public Respondent gravely abused its discretion in not awarding petitioners of lawful claim arising out of their illegal termination from employment as provided for by existing jurisprudence.chanrob1es virtua1 1aw 1ibrary

    The petition should be dismissed.

    It has been revealed that prior to filing the illegal dismissal case before the labor tribunal, petitioners filed an amended complaint for damages dated August 16, 1989 against Dideles, Mendoza and Alborte, the officers whose signatures appeared in the notice of termination given to petitioners, docketed as Civil Case No. Q-89-3291 before the Regional Trial Court of Quezon City. Abbreviating the proceedings before the trial court, the defendants therein filed a second motion to dismiss the civil case after petitioners initiated the illegal dismissal case before the labor arbiter on July 4, 1990. The defendants interposed the defense of lack of jurisdiction, averring that the trial court had no jurisdiction over a labor dispute, and accused petitioners of forum shopping. When the trial court denied the motion to dismiss, the defendants elevated the matter to the Court of Appeals via a special civil action for certiorari, docketed as CA-G.R. SP No. 25418. On September 13, 1999, the former Ninth Division of the appellate court rendered judgment dismissing the civil case on the ground of forum shopping. Reconsideration having been denied, petitioners filed a petition for review of certiorari before us, which was docketed as G.R. No. 142851.chanrob1es virtua1 law library

    On July 10, 2000, the Third Division of this Court issued a Resolution denying the petition for its failure to comply with Section 11, Rule 13 of the Rules of Court. Further, the resolution stated that petitioners failed to show that the Court of Appeals committed a reversible error. Instead of filing a motion for reconsideration, petitioners filed a motion for extension of time to file the aforesaid motion. In a Resolution dated October 18, 2000, we denied the motion for extension for being a prohibited pleading. Accordingly, we decreed that no further pleadings would be entertained, and that entry of judgment be made in due course. In a subsequent Resolution dated November 27, 2000, we denied with finality petitioners’ motion for reconsideration.

    Undeniably, the dismissal of G.R. No. 142851 affects the disposition of the present case, exhibiting as it does petitioners’ clear act of forum shopping. Forum shopping is manifest whenever a party "repetitively avail[s] of several judicial remedies in different courts, simultaneously or successively, all substantially founded on the same transactions and the same essential facts and circumstances, and all raising substantially the same issues either pending in, or already resolved adversely by, some other court." 5 It has also been defined as "an act of a party against whom an adverse judgment has been rendered in one forum of seeking and possibly getting a favorable opinion in another forum, other than by appeal or the special civil action of certiorari, or the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition." 6 Considered a pernicious evil, it adversely affects the efficient administration of justice since it clogs the court dockets, unduly burdens the financial and human resources of the judiciary, and trifles with and mocks judicial processes. 7

    There is no doubt that at the time the complaint for illegal dismissal was filed, there was already pending before the regular courts another action involving substantially the same issues. In relation thereto, Rule 7, Section 5 of the Rules of Court provides:chanrob1es virtual 1aw library

    Certification against forum shopping. — The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.chanrob1es virtua1 1aw 1ibrary

    Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.

    We note that both Civil Case No. Q-89-3291 and NLRC NCR-00-07-03622-90 were filed before the issuance of the pertinent circulars guarding against forum shopping. This is not to say, though, that forum shopping was a tolerated practice then. "The rule against forum shopping has long been established and subsequent circulars of the Supreme Court merely formalized the prohibition and provided the appropriate penalties against the transgressors." 8 However, at the time material to the case, when the instant petition for certiorari was filed on July 22, 1993, the same was already subject to the provisions of Circular 28-91 which took effect on January 1, 1992. 9 In fact, we took pains to emphasize in Maricalum Mining Corporation v. National Labor Relations Commission 10 that compliance with the circular is mandatory even for labor cases. Hence, petitioners were duty-bound to make the disclosures so required, and this they failed to do.chanrob1es virtua1 1aw 1ibrary

    To this end, we explained in Melo v. Court of Appeals 11 that the submission of a certification against forum shopping is a different undertaking from the assurances stated therein. Thus,

    . . . [f]ailure to comply with this requirement cannot be excused by the fact that plaintiff is not guilty of forum shopping. . . . The Circular applies to any complaint, petition, application, or other initiatory pleading, regardless of whether the party filing it has actually committed forum shopping. Every party filing a complaint or any other initiatory pleading is required to swear under oath that he has not committed nor will he commit forum shopping. Otherwise, we would have an absurd situation where the parties themselves would be the judge of whether their actions constitute a violation of said Circular, and compliance therewith would depend on their belief that they might or might not have violated the requirement. Such interpretation of the requirement would defeat the very purpose of Circular 04-94.chanrob1es virtua1 1aw 1ibrary

    Indeed, compliance with the certification against forum shopping is separate from, and independent of, the avoidance of forum shopping itself. Thus, there is a difference in the treatment — in terms of imposable sanctions — between failure to comply with the certification requirement and violation of the prohibition against forum shopping. The former is merely a cause for the dismissal, without prejudice, of the complaint or initiatory pleading, while the latter is a ground for summary dismissal thereof and constitutes direct contempt.

    We need not belabor the point that petitioners, in failing to state the pendency of Civil Case No. Q-89-3291, or even CA-G.R. SP No. 25418, engaged in a deliberate act of forum shopping. It matters not that the defendant in the civil case differed from the respondent in the labor case inasmuch as literal identity of parties in the two cases is not indispensable. 12 It is material that the issues and causes of action involved in both actions revolve around the legality of their dismissal. From the very same act of termination, petitioners seek damages either from herein respondent which they claim unlawfully fired them, or failing that, from respondent’s officers whom they claim terminated them without the sanction of the company. Both claims are, quite obviously, contradictory, which only underscores their attempt to canvass for a friendly forum, namely, that if their claim is defeated in the regular court, then they would attempt to prevail in the labor tribunal, or vice versa.chanrob1es virtua1 1aw 1ibrary

    In view of the foregoing, the dismissal of the case at bar is indubitably in order.

    WHEREFORE, the instant petition is hereby DISMISSED on the ground of forum shopping. Costs against petitioners.

    SO ORDERED.

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

    Endnotes:



    1. Annex "A" of the Petition, Rollo, pp. 27-44.

    2. Annex "B" of the Petition, Rollo, p. 46.

    3. I Record, last page.

    4. Annex "C" of the Petition, Rollo, pp. 49-64.

    5. Gatmaytan v. Court of Appeals, 267 SCRA 487, 500 (1997).

    6. Sto. Tomas University Hospital v. Surla, 294 SCRA 382, 384 (1998).

    7. Progressive Development Corporation, Inc. v. Court of Appeals, 301 SCRA 637 (1999).

    8. Benguet Electric Cooperative, Inc. v. Flores, 287 SCRA 449, 456 (1998), citing Chemphil Export and Import Corporation v. Court of Appeals, 251 SCRA 257, 291 (1995).

    9. This subsequently became Revised Circular 28-91 effective April 1, 1994. The requirement of filing a certification of non-forum shopping was extended to complaints and initiatory pleadings filed before all other courts and agencies, per Administrative Circular No. 4-94.

    10. 298 SCRA 378, 384 (1998).

    11. 318 SCRA 94, 102 (1999).

    12. Cf. First Philippine International Bank v. Court of Appeals, 252 SCRA 259 (1996).

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


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