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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
 

   
September-2001 Jurisprudence                 

  • G.R. No. 137538 September 3, 2001 - OFFICE OF THE OMBUDSMAN v. HON. FRANCISCO B. IBAY

  • A.M. No. MTJ-00-1249 September 4, 2001 - PHIL. GERIATRICS FOUNDATION, ET AL. v. LYDIA QUERUBIN LAYOSA

  • A.M. No. P-00-1373 September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

  • A.M. No. P-01-1501 September 4, 2001 - JOSEPHINE D. SARMIENTO v. ALBERT S. SALAMAT

  • A.M. No. P-01-1502 September 4, 2001 - CRESENCIO N. BONGALOS v. JOSE R. MONUNGOLH and VICTORIA D. JAMITO

  • A.M. No. P-99-1357 September 4, 2001 - SHERWIN M. BALOLOY v. JOSE B. FLORES

  • A.M. No. RTJ-01-1651 September 4, 2001 - PROSECUTOR LEO C. TABAO v. JUDGE FRISCO T. LILAGAN

  • G.R. No. 125359 September 4, 2001 - ROBERTO S. BENEDICTO and HECTOR T. RIVERA v. THE COURT OF APPEALS

  • G.R. No. 126859 September 4, 2001 - YOUSEF AL-GHOUL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127181 September 4, 2001 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132709 September 4, 2001 - CAMILO L. SABIO, ET AL. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 134490 September 4, 2001 - PEOPLE OF THE PHILIPPINES v. JOEL BRAGAT

  • G.R. Nos. 135356-58 September 4, 2001 - PEOPLE OF THE PHIL. v. MELECIO SAGARINO

  • G.R. No. 138923 September 4, 2001 - PEOPLE OF THE PHIL. v. ANITA AYOLA, ET AL.

  • A.M. No. MTJ-01-1344 September 5, 2001 - LYDIO ARCILLA, ET AL. v. LUCIO PALAYPAYON, ET AL.

  • G.R. No. 128145 September 5, 2001 - J.C. LOPEZ & ASSOCIATES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 133886 September 5, 2001 - PEOPLE OF THE PHILIPPINES v. OSCAR PARBA

  • G.R. No. 134101 September 5, 2001 - PEOPLE OF THE PHIL. v. FELINO O. LLANITA

  • G.R. No. 136054 September 5, 2001 - SEVERINA SAN MIGUEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 132714 September 6, 2001 - PEOPLE OF THE PHIL. v. RENATO LALINGJAMAN

  • G.R. Nos. 139064-66 September 6, 2001 - PEOPLE OF THE PHIL. v. ALBERTO ARCE

  • G.R. No. 140529 September 6, 2001 - JOSE P. LOPEZ v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141400 September 6, 2001 - PEOPLE OF THE PHIL. v. EVANGELINE GANENAS

  • Admin. Case. No. 4863 September 7, 2001 - URBAN BANK v. ATTY. MAGDALENO M. PEÑA

  • G.R. No. 114858-59 September 7, 2001 - COLUMBUS PHILIPPINES BUS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 126352 September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127261 September 7, 2001 - VISAYAN SURETY & INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129644 September 7, 2001 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131805 September 7, 2001 - PEOPLE OF THE PHIL. v. GREGORIO HERMOSA, ET AL.

  • G.R. No. 132064 September 7, 2001 - PEOPLE OF THE PHIL. v. ISAGANI BAYENG, ET AL.

  • G.R. No. 132320 September 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO OJERIO

  • G.R. Nos. 135402-03 September 7, 2001 - PEOPLE OF THE PHIL. v. IAN GONZAGA

  • G.R. No. 136779 September 7, 2001 - PEOPLE OF THE PHIL. v. ARNEL ASUNCION

  • G.R. No. 142065 September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

  • G.R. No. 142875 September 7, 2001 - EDGAR AGUSTILO v. COURT OF APPEALS, ET AL.

  • G.R. No. 144877 September 7, 2001 - DEVELOPMENT BANK OF THE PHIL. v. VERONICA AGUIRRE, ET AL.

  • A.M. No. P-01-1506 September 10, 2001 - GEORGE S. BICBIC v. DHALIA E. BORROMEO

  • G.R. Nos. 104769 & 135016 September 10, 2001 - AFP MUTUAL BENEFIT ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118943 September 10, 2001 - MARIO HORNALES v. NLRC, ET AL.

  • G.R. No. 130362 September 10, 2001 - INT’L FLAVORS & FRAGRANCES (PHIL.) v. MERLIN J. ARGOS, ET AL.

  • G.R. No. 138485 September 10, 2001 - DR. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 141970 September 10, 2001 - METROPOLITAN BANK v. FLORO T. ALEJO

  • G.R. No. 145588 September 10, 2001 - ESPERIDION LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140398 September 11, 2001 - FRANCISCO DELA MERCED, ET AL. v. GSIS, ET AL.

  • G.R. No. 121877 September 12, 2001 - PEOPLE OF THE PHIL v. ERLINDA GONZALES

  • G.R. Nos. 138431-36 September 12, 2001 - PEOPLE OF THE PHIL. v. DIOSCORA M. ARABIA, ET AL.

  • G.R. No. 140903 September 12, 2001 - HENRY SY v. COMMISSION ON SETTLEMENT OF LAND PROBLEMS, ET AL.

  • A.M. No. 00-1-4-03-SC September 13, 2001 - RE: REQUEST FOR LIVE RADIO-TV COVERAGE OF THE TRIAL IN THE SANDIGANBAYAN OF THE PLUNDER CASES AGAINST FORMER PRESIDENT JOSEPH E. ESTRADA v. JOSEPH E. ESTRADA and INTEGRATED BAR OF THE PHILIPPINES

  • A.M. No. 00-4-188-RTC September 13, 2001 - REQUEST OF MR. OSCAR T. LLAMAS FOR RE-ASSIGNMENT OSCAR T. LLAMAS v. EMMANUEL LACANDOLA AND ET. AL.

  • G.R. No. 120009 September 13, 2001 - DOLE PHILIPPINES v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 122095 September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

  • G.R. No. 127913 September 13, 2001 - RCBC v. METRO CONTAINER CORP.

  • G.R. No. 132354 September 13, 2001 - PEOPLE OF THE PHIL. v. DEOMEDES IGLESIA

  • G.R. Nos. 136840-42 September 13, 2001 - PEOPLE OF THE PHIL. v. ROMEO NAVARETTE

  • G.R. No. 137250-51 September 13, 2001 - PABLO MARGAREJO v. HON. ADELARDO ESCOSES

  • G.R. No. 138972-73 September 13, 2001 - PEOPLE OF THE PHIL. v. EUGENIO B. MARQUEZ, ET AL.

  • G.R. No. 140512 September 13, 2001 - PEOPLE OF THE PHIL. v. PETER PELERAS, ET AL.

  • G.R. No. 142043 September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

  • G.R. No. 142430 September 13, 2001 - PEOPLE OF THE PHIL. v. RONNIE QUINICIO, ET AL.

  • G.R. No. 142444 September 13, 2001 - OFELIA D. ARTUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142649 September 13, 2001 - ANTONIO C. SAN LUIS v. COURT OF APPEALS

  • G.R. No. 143702 September 13, 2001 - PEOPLE OF THE PHIL. v. ZALDY MENDOZA

  • G.R. No. 129212 September 14, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO LACUESTA, ET AL.

  • A.M. No. RTJ-00-1575 September 17, 2001 - ISAGANI RIZON v. JUDGE OSCAR E. ZERNA

  • A.M. No. RTJ 99-1498 September 17, 2001 - VICENTE P. LIM v. JUDGE JACINTA B. TAMBAGO, ET AL.

  • G.R. No. 111584 September 17, 2001 - PRODUCERS BANK OF THE PHILIPPINES v. COURT OF APPEALS and SPOUSES SALVADOR Y. CHUA and EMILIA U. CHUA

  • G.R. No. 135644 September 17, 2001 - GOVERNMENT SERVICE INSURANCE SYSTEM v. SPOUSES GONZALO and MATILDE LABUNG-DEANG

  • G.R. No. 135912 September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 138219 September 17, 2001 - GERARDO V. TAMBAOAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138943-44 September 17, 2001 - PEOPLE OF THE PHIL. v. HENRY ALMAZAN

  • G.R. No. 141209 September 17, 2001 - ANTONIA HUFANA, ET AL. v. WILLIAM ONG GENATO

  • A. C. No. 5043 September 19, 2001 - ABEDIN L. OSOP v. ATTY. V. EMMANUEL C. FONTANILLA

  • G.R. No. 135936 September 19, 2001 - THE PEOPLE OF THE PHILIPPINES v. GUALBERTO MIRADOR alias "GOLING"

  • G.R. No. 144400 September 19, 2001 - DOMINGO O. IGNACIO v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. MTJ-01-1369 September 20, 2001 - GUILLERMA D. CABAÑERO v. JUDGE ANTONIO K. CAÑON

  • A.M. No. MTJ-01-1371 September 20, 2001 - ATTY. NESCITO C. HILARIO v. JUDGE ROMEO A. QUILANTANG

  • A.M. No. RTJ-99-1472 September 20, 2001 - SPOUSES HERMINIO, ET Al. v. HON. DEMETRIO D. CALIMAG

  • A.M. No. P-01-1483 September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

  • G.R. No. 116938 September 20, 2001 - LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR, ET AL.

  • G.R. No. 127405 September 20, 2001 - MARJORIE TOCAO and WILLIAM T. BELO v. COURT OF APPEALS and NENITA A. ANAY

  • G.R. No. 130399 September 20, 2001 - PUBLIC UTILITIES DEPARTMENT v. HON. TEOFISTO T. GUINGONA

  • G.R. Nos. 135068-72 September 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO RAMOS

  • G.R. No. 137674 September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

  • G.R. No. 139410 September 20, 2001 - PEOPLE OF THE PHILIPPINES v. SILVERIO AGUERO

  • G.R. No. 140898 September 20, 2001 - THE PEOPLE OF THE PHILIPPINES v. JOSE ISHIKAWA AMBA

  • A.M. No. P-99-1289 September 21, 2001 - JUDGE NAPOLEON S. DIAMANTE v. ANTHONY A. ALAMBRA

  • G.R. Nos. 119609-10 September 21, 2001 - PCGG v. HONORABLE SANDIGANBAYAN (Third Division), ET AL.

  • G.R. No. 128876 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

  • G.R. No. 132384 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MARLON GADIA

  • G.R. No. 134596 September 21, 2001 - RAYMUND ARDONIO v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 142889 September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

  • G.R. No. 145416 September 21, 2001 - GOLDEN HORIZON REALTY CORPORATION v. SY CHUAN

  • A.M. No. 99-6-79-MTC September 24, 2001 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL TRIAL COURT

  • A.M. No. P-01-1512 September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

  • G.R. Nos. 132442-44 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. BERNARDINO ARANZADO

  • G.R. Nos. 135524-25 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO AGUSTIN

  • G.R. No. 141897 September 24, 2001 - METRO CONSTRUCTION v. CHATHAM PROPERTIES

  • G.R. No. 144404 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. LEODEGARIO BASCUGUIN Y AGQUIZ

  • G.R. Nos. 127759-60 September 25, 2001 - PEOPLE OF THE PHIL. v. PO3 NOEL FELICIANO

  • G.R. Nos. 134527-28 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. SERAPIO REY alias APIONG

  • G.R. Nos. 136867-68 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO GALVEZ y JEREZ

  • G.R. No. 137612 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

  • A.C. No. 4497 September 26, 2001 - MR. and MRS. VENUSTIANO G. SABURNIDO v. ATTY. FLORANTE E. MADROÑO

  • A.C. No. 4990 September 26, 2001 - ELENA ZARATE-BUSTAMANTE and LEONORA SAVET CATABIAN v. ATTY. FLORENTINO G. LIBATIQUE

  • G.R. No. 122824 September 26, 2001 - AURORA F. IGNACIO v. VALERIANO BASILIO,

  • G.R. No. 123058 September 26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

  • G.R. No. 129107 September 26, 2001 - ALFONSO L. IRINGAN v. HON. COURT OF APPEALS , ET AL.

  • G.R. Nos. 129530-31 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. WILFREDO OLARTE

  • G.R. Nos. 138308-10 September 26, 2001 - THE PEOPLE OF THE PHILIPPINES v. PABLO SANTOS

  • G.R. No. 142564 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. HILGEM NERIO y GIGANTO

  • G.R. Nos. 143108-09 September 26, 2001 - REPUBLIC OF THE PHILIPPINES. v. COURT OF APPEALS

  • Adm. Case. No. 5505 September 27, 2001 - SEVERINO RAMOS v. ATTY. ELLIS JACOBA and ATTY. OLIVIA VELASCO JACOBA

  • G.R. No. 131864-65 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. SHERJOHN ARONDAIN and JOSE PRECIOSO

  • G.R. Nos. 134963-64 September 27, 2001 - ALFREDO LONG and FELIX ALMERIA v. LYDIA BASA

  • G.R. No. 137676 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. ATTY. ROBERTO DIONISIO

  • G.R. No. 144035 September 27, 2001 - PEOPLE OF THE PHIL. v. VICENTE M. BASQUEZ

  • A.M. No. P-00-1391 September 28, 2001 - LIBRADA D. TORRES v. NELSON C. CABESUELA

  • G.R. No. 122425 September 28, 2001 - FLORDELIZA H. CABUHAT v. THE HONORABLE COURT OF APPEALS

  • G.R. No. 124535 September 28, 2001 - THE RURAL BANK OF LIPA CITY, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 125154 September 28, 2001 - DIGNA VERGEL v. COURT OF APPEALS and DOROTEA-TAMISIN GONZALES

  • G.R. No. 125442 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FERNANDO ARELLANO y ROBLES

  • G.R. No. 127232 September 28, 2001 - GOLDENROD v. HONORABLE COURT OF APPEALS and PATHFINDER HOLDINGS (PHILIPPINES)

  • G.R. No. 127241 September 28, 2001 - LA CONSOLACION COLLEGE, ET AL. v. NLRC , ET AL.

  • G.R. No. 134128 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. GERARDO DE LAS ERAS y ZAFRA

  • G.R. No. 134928 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FILOMENO BARNUEVO. ET AL.

  • G.R. Nos. 140789-92 September 28, 2001 - THE PEOPLE OF THE PHILIPPINES v. ALIPIO CARBONELL and DIONISIO CARBONELL

  • G.R. No. 145371 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. BEN AQUINO and ROMEO AQUINO

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    G.R. No. 142889   September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 142889. September 21, 2001.]

    EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ, Petitioner, v. OMBUDSMAN ANIANO A. DESIERTO, THE SANDIGANBAYAN (FOURTH DIVISION) AND ELPIDIO GARCIA, Respondents.

    D E C I S I O N


    PARDO, J.:


    The case is a petition for prohibition 1 with temporary restraining order or preliminary injunction to restrain the Sandiganbayan from conducting the arraignment and further proceedings in Criminal Case No. 25644 against petitioner.

    On August 2, 2000, we issued a temporary restraining order enjoining respondents from further proceeding with Criminal Case No. 25644 against petitioner.chanrob1es virtua1 1aw 1ibrary

    The Facts


    On August 5, 1998, the Lingkod, an accredited Ombudsman Corruption Prevention Unit (OMB-CPU) referred the affidavit of Elpidio Garcia against petitioner Ricardo N. Olairez of the Regional Arbitration Branch No. 2, National Labor Relations Commission, Caritan Sur, Tuguegarao, Cagayan, to the office of the Ombudsman.

    On September 10, 1998, Assistant Ombudsman Nicanor J. Cruz, Jr. referred the affidavit 2 to the office of the Deputy Ombudsman for Luzon (OMB-Luzon).

    In his affidavit, Elpidio Garcia alleged that Executive Labor Arbiter Ricardo N. Olairez rendered a decision on April 15, 1998, in his favor on his claim against Edmundo Barrero for separation pay for illegal dismissal. After the decision became final and executory, Elpidio Garcia filed a motion to execute judgment. However, before acting on the motion, petitioner Executive Labor Arbiter Olairez scheduled a pre-execution conference on June 17, 1998. On that date, Labor Arbiter Olairez conferred with respondent Edmundo Barrero and his lawyer. When complainant Garcia was called to the chamber, Labor Arbiter Olairez told him that the decision could not be implemented because his (Olairez’s) decision was wrong and that respondent was offering him P2,000.00 to settle his claim. Complainant Garcia did not accept the offer contending that the decision had become final and executory and that Labor Arbiter Olairez could no longer amend the decision.

    In an order dated October 8, 1998, the OMB-Luzon required petitioner to file his counter-affidavit.

    On November 14, 1998, petitioner Olairez filed an ex- parte motion for extension to file his counter-affidavit until December 9, 1998. Subsequently, he filed another motion requesting that he be allowed to file his counter-affidavit until December 29, 1998.

    On December 10, 1998, petitioner Olairez filed his counter-affidavit alleging that a conciliation of labor disputes could still take place even after a decision had become final and executory.

    In a resolution dated March 1, 1999, Graft Investigation Officer (GIO) Jane Ong-Yam of the office of the Deputy Ombudsman for Luzon recommended that the case be dismissed for lack of merit. The recommendation was concurred in by Director Emilio A. Gonzales and was recommended for approval by Deputy Ombudsman for Luzon Jesus F. Guerrero.

    On May 9, 1999, the Ombudsman referred the resolution to the office of the Chief Legal Counsel (OCLC) for review.

    In a memorandum dated August 4, 1999, Graft Investigation Officer Peter A. Tansiongco of the OCLC recommended that the March 1, 1999, resolution be disapproved and submitted an Information dated August 4, 1999, attached therewith, to be filed against petitioner Ricardo N. Olairez for violation of Republic Act No. 3019, Section 3 (e), as amended, for the consideration of the Ombudsman. Chief Legal Counsel Andrew F. Ammuyutan recommended the approval of Graft Investigation Officer Tansiongco’s memorandum.

    On Angust 16, 1999, the Ombudsman approved the recommendation of the Chief Legal Counsel and signed the memorandum and Information both dated August 4, 1999, while he disapproved the March 1, 1999 resolution of Graft Investigation Officer Jane Ong-Yam.

    On August 24, 1999, petitioner was notified of the memorandum dated August 4, 1999, as evidenced by Registry Receipt No. 686.

    On August 25, 1999, the Ombudsman filed with the Sandiganbayan an Information 3 charging petitioner Ricardo N. Olairez with violation of R.A. No. 3019, Sec. 3 (e), which was raffled to the Fourth Division.

    Petitioner thereafter filed with the Sandiganbayan a motion for reinvestigation and deferment of the arraignment.

    In a resolution dated October 18, 1999, the Sandiganbayan required the prosecution to comment on the motion.

    In its comment dated November 29, 1999, the prosecution interposed no objection to petitioner’s motion for reinvestigation and asked for sixty (60) days within which to resolve the motion.

    In a resolution dated December 13, 1999, the Sandiganbayan gave the prosecution sixty (60) days within which to conduct a reinvestigation/reconsideration of the case and to submit a report as to the action taken thereon by the Ombudsman.

    In a memorandum dated February 17, 2000, Ombudsman Prosecutor Lolita S. Rodas recommended that the motion for reinvestigation/reconsideration be denied and the Information be maintained. The memorandum was approved by Deputy Special Prosecutor Robert E. Kallos and concurred in by Special Prosecutor Leonardo P. Tamayo. On March 3, 2000, the Ombudsman approved the memorandum of Ombudsman Prosecutor Rodas.

    On April 24, 2000, the prosecution filed with the Sandiganbayan a manifestation and motion praying that the arraignment and pre-trial of the case be scheduled considering that the Ombudsman has denied petitioner’s motion for reinvestigation/reconsideration.

    In a resolution dated May 15, 2000, the Sandiganbayan scheduled the arraignment and pre-trial of this case on July 18, 2000, unless the Court issues a temporary restraining order.

    Hence, this petition. 4

    The Issue


    Whether the Ombudsman acted with grave abuse of discretion in filing with the Sandiganbayan the Information against petitioner for violation of R.A. No. 3019, Sec. 3 [e].

    It was petitioner’s contention that the Ombudsman fraudulently issued the Information dated August 4, 1999, even before his disapproval of the recommendation of the Deputy Ombudsman for Luzon. Petitioner claimed that he was deprived of his right to due process when the Ombudsman approved the Information and memorandum both dated August 4, 1999.

    Petitioner also imputed malice to the Ombudsman in disapproving the recommendation of the OMB-Luzon dismissing the case against him.

    The offense of which petitioner is charged is violation of Republic Act No. 3019, Section 3 (e), as amended. To establish probable cause against the offender for violation of R.A. No. 3019, Section 3 (e), the following requisites must concur:jgc:chanrobles.com.ph

    "(1) The accused is a public officer or a private person charged in conspiracy with the former;

    "(2) The said public officer commits the prohibited acts during the performance of his or her official duties or in relation to his or her public positions;

    "(3) That he or she causes undue injury to any party, whether the government or a private party;

    "(4) Such undue injury is caused by giving unwarranted benefits, advantage or preference to such parties; and

    "(5) That the public officer has acted with manifest partiality, evident bad faith or gross inexcusable negligence. 5

    In the instant case, Petitioner, as Executive Labor Arbiter, issued an order awarding to the complainant the amount of P35,832.50, as separation pay in an illegal dismissal case filed by the latter against Edmundo Barrero. When the order became final and executory, complaint filed a motion to execute judgment. On June 17, 1998, petitioner during the pre-execution conference informed the complainant that the order could not be implemented because it was wrong and that respondent was offering P2,000.00, to the complainant.

    In his counter affidavit, petitioner explained that his actions were in accordance with Section 6, Rule V of the NLRC New Rules of Procedure that provides:jgc:chanrobles.com.ph

    "SECTION 6. Conciliation of Disputes. — In all cases, and at any stage of the proceedings, the Labor Arbiter shall exert all efforts and take positive steps toward resolving the dispute through conciliation."cralaw virtua1aw library

    It will be noted that the conciliation efforts may be conducted "at any stage of the proceedings" even if the judgment has become final and executory.

    In this case, there is no allegation in the Information that petitioner acted in bad faith, malice or gross inexcusable negligence in exerting efforts to settle the labor dispute.

    Moreover, the information does not specify the specific amount of the damage or injury suffered by the complainant. Actually, complainant did not suffer any injury because he did not accept the offer, and he could execute the monetary award in his favor as a matter of right.

    In the absence of allegation of bad faith, and more importantly, of "injury" there can be no prosecution for violation of R.A. No. 3019, Sec. 3 (e). 6

    WHEREFORE, we GRANT the petition. We REVERSE the resolution of the Ombudsman and order the Sandiganbayan to dismiss the Information against petitioner in Criminal Case No. 25644.

    No costs.

    SO ORDERED.

    Davide, Jr., Kapunan, and Ynares-Santiago, JJ., concur.

    Puno, J., on official leave

    Endnotes:



    1. Under Rule 65, 1997 Rules of Civil Procedure.

    2. Docketed as OMB-1-98-1960.

    3. Docketed as Criminal Case No. 25644.

    4. Filed on May 5, 2000, Petition, Rollo, pp. 3-27. On January 24,2001, we gave due course to the petition (pp. 247-248).

    5. Garcia v. Office of the Ombudsman, 325 SCRA 667, 669-670 [2000], citing Pecho v. Sandiganbayan, 238 SCRA 116, 128 [1994]; , 350 Phil. 820, 837 [1998]; Ingco v. Sandiganbayan, 338 Phil. 1061, 1072 [1997].

    6. Venus v. Desierto, 358 Pi. 675, 699 [1999].

    G.R. No. 142889   September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO


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