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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
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

  •  





     
     

    A.M. No. MTJ-01-1382  November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. No. MTJ-01-1382. November 16, 2001.]

    (A.M. No. 00-888-MTJ)

    MARIO W. CHILAGAN, SR. Complainant, v. ACTING PRESIDING JUDGE EMELINA L. CATTILING, 3rd MCTC Alfonso Lista-Aguinaldo, Mayoyao, Ifugao, Respondent.

    R E S O L U T I O N


    BUENA, J.:


    In his Sworn Letter-Complaint dated 1 May 2000 and Letter-Complaint dated 16 July 2000, with enclosures, complainant charges respondent Acting Judge Emelina L. Cattiling with Gross Ignorance of the Law and Grave Abuse of Authority relative to the following cases, to wit:chanrob1es virtual 1aw library

    1.) In Civil Case No. III-00-91 entitled, "Jessie C. Domingo v. Oliver Pavo, Et Al.," for Forcible Entry with Prayer for a Writ of Preliminary Mandatory Injunction and Damages, complainant, one of the defendants therein, alleges that a day after the case was filed, respondent issued a Temporary Restraining Order (TRO) without notice and hearing. Complainant claims that summons and copy of the complaint were not served on the defendants and there was no application for TRO in the complaint. Complainant further alleges that respondent issued a preliminary injunction without the order fixing the amount of bond required; that she merely relied on the allegation that the amount of P50,000.00 was deposited with the Clerk of Court and which amount was reduced to P40,000.00; that inquiry revealed that no such amount was deposited and that the amount was missing.chanrob1es virtua1 1aw 1ibrary

    Complainant alleges in his Supplemental Affidavit Complaint dated 12 December 2000, that on 8 September 2000, respondent Judge rendered a decision in favor of the plaintiffs. On 21 September 2000, complainant, through counsel, filed a Notice of Appeal. Allegedly, despite receipt of the notice of appeal and the Urgent Opposition to the Motion for Execution, respondent issued a Writ of Execution on 3 October 2000. Complainant also avers that despite the perfection of appeal and payment of appeal fee, respondent ordered the demolition of the structures built by occupants of the land subject matter of the case.

    2.) In Criminal Case No. III-96-353, entitled "People v. Ruben Pagatpatan," for Murder, complainant claims that he is a relative of the victim, a six-year old boy who was twice run-over by the motorcycle of the accused. Complainant alleges that a criminal complaint for Murder against the accused was filed by the police. Complainant avers that respondent took it upon herself to investigate the case despite the presence of Assistant Prosecutor Joseph Baguilat and recommended that the offense to be charged against the accused should only be homicide through reckless imprudence. Respondent allegedly recommended bail of P5,000.00 and later released the accused. Complainant states that when the case was investigated by the Provincial Prosecutor of Ifugao, the crime charged was elevated to murder.

    3.) In Civil Case No. III-98-74 entitled "Thomas Bastian v. Corazon Apagan, Et Al.," for tender of Payment, Consignation, Redemption and Damages With prayer for Preliminary Injunction, complainant alleges that without issuing a notice of hearing, respondent issued a restraining order dated 11 January 1999, and ordered the plaintiff to put up a bond in the amount of P20,000.00. Complainant avers that on 12 December, prior to the issuance of the restraining order, plaintiff offered the property in dispute, land covered by TD No. 93-140 of the property rolls of Aguinaldo, Ifugao, as injunction bond. On 15 June 1999, respondent allegedly approved the said bond and issued the preliminary injunction without the necessary hearing. Complainant suspects that respondent is in cahoots with plaintiff’s counsel regarding the irregular issuance of several orders. Complainant also notes that the P20,000.00 is missing.chanrob1es virtua1 1aw 1ibrary

    On 1 September 2000, the Legal Office, Office of the Court Administrator, received an undated and unsigned comment consisting of 4 pages and enclosures, which apparently came from respondent Judge Cattiling.

    Anent Civil Case No. III-00-91, respondent Judge explains that complainant is one of the 29 defendants in the civil case and enumerates the series of events that transpired as follows: The Court received the complaint on 13 March 2000. The following day, an ex-parte urgent motion for immediate hearing on the prayer for the issuance of a writ of preliminary injunction was filed. On 15 March 2000, the last day of the month for respondent to report at MCTC, Alfonso Lista, a TRO was issued to all persons named as defendants in the complaint in compliance with BP Blg. 224, the rule on the issuance of TRO. The Court set the hearing of the application for preliminary mandatory injunction on 3 April 2000. A copy of the order and summons were served to all the defendants including herein complainant whose copy was sent through the PNP Warrant Officer of Mayoyao, Ifugao on 16 March 2000, and received by said Warrant Officer on 29 March 2000. On 3 April 2000, the application for a writ of preliminary mandatory injunction was heard with only three of the 29 defendants appearing through counsel. Evidences for both sides were presented. On the same day, the Court issued an order for the issuance of writ of preliminary mandatory injunction and plaintiff was ordered to put up a bond of P40,000.00 with the Clerk of Court. On 10 April 2000, the Court issued the Writ of Preliminary Mandatory Injunction after plaintiff posted an injunction bond. The writ was served on the defendants on 11 April 2000.

    On the supplemental complaint (regarding Civil Case No. III-00-91), respondent states in her Comment thereto that MCTC Alfonso Lista already lost jurisdiction of the case on 9 October 2000 when the court directed that the records be transmitted to the Regional Trial Court. Thus, she could no longer have issued any order relative to the case; more so the alleged order of demolition complained of. Respondent also states that complainant ought to have attached the questioned order to prove his allegation. As to the implementation of the order of demolition, respondent claims to have no knowledge of the fact of demolition because no order was ever issued.

    Anent Criminal Case No. III-96-353, respondent claims that she conducted the preliminary investigation because the complaint was received by and filed with the MCTC, Alfonso Lista. She avers that as a Municipal Judge, she is authorized to conduct preliminary investigation pursuant to Section 2, Rule 112 of the Rules on Criminal Procedure.

    Except for respondent’s act of downgrading the crime charged from murder to homicide through reckless imprudence, the other charges are devoid of merit.

    The issue raised relative to the issuance of the TRO and preliminary injunction is belied by the narration of the series of events that transpired in Civil Case No. III-00-91. Complainant failed to prove that the issuance of the TRO and the preliminary injunction is attended with irregularity. As to the charge that respondent issued writ of execution despite the perfection of appeal, complainant failed to adduce evidence that he filed the necessary bond and deposited the reasonable compensation to stay execution, pursuant to Section 19, Rule 70, of the Revised Rules on Civil Procedure. In the absence of proof that he complied with the requirements of the said Rule, there is no reason to hold that the execution of the judgment pending appeal was irregular.

    With regard to Crim. Case No. III-96-353, on the allegation that respondent has no authority to conduct preliminary investigation because of the presence of the Asst. Provincial Prosecutor in the area, we find respondent’s act to be in accordance with Section 2, Rule 112 of the Rules on Criminal Procedure that judges of the Municipal Trial Courts and Municipal Circuit Trial Courts are authorized to conduct preliminary investigation.

    We, however, find respondent in error when she reduced the charge of Murder to Homicide through Reckless Imprudence. The Court in a number of cases has declared that a municipal judge has no authority to determine the character or designation of the crime but only to determine whether or not the evidence presented supported prima facie the allegations of facts contained in the complaint. 1 The power to amend a complaint at any time before the accused pleads, both in form and substance, without leave of court, is lodged in the prosecuting officer and not in the trial judge. 2

    Respondent failed to submit her comment on the allegations relative to Civil Case No. III-98-74. Nevertheless, no valid ground is found to hold her liable for the charges therein. Besides being unsubstantiated, the allegations as presented by complainant are quite hazy. Moreover, complainant does not appear to be a party to the case. No further investigation on the matter is warranted.

    WHEREFORE, respondent Judge Emelina L. Cattiling is FINED in the amount of Five Thousand Pesos (P5,000.00) for amending the criminal charge from murder to homicide through reckless imprudence in Criminal Case No. III-96-353 and the other charges against respondent are DISMISSED for lack of merit.

    SO ORDERED.

    Bellosillo, Mendoza, Quisumbing and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Depamaylo v. Brotarlo, 265 SCRA 151 [1996]; Bais v. Tugaoen, 89 SCRA 101 [1979].

    2. Balagapo, Jr. v. Duquilla, 238 SCRA 645 [1994].

    A.M. No. MTJ-01-1382  November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING


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