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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-2002 Jurisprudence                 

  • G.R. No. 151801 November 11, 2002 - HAWAIIAN PHILIPPINE COMPANY v. HERNANDO BORRA, ET AL.

  • G.R. No. 154512 November 12, 2002 - VICTORINO DENNIS M. SOCRATES v. THE COMMISSION ON ELECTIONS

  • G.R. No. 126462 November 12, 2002 - NATALIA REALTY INC. v. COURT OF APPEALS

  • G.R. No. 133978 November 12, 2002 - JOSE S. CANCIO, JR. v. EMERENCIANA ISIP

  • G.R. Nos. 139240-43 November 12, 2002 - PEOPLE OF THE PHIL. v. ROLANDO ASPURIA

  • G.R. Nos. 143689-91 November 12, 2002 - SIXTO M. BAYAS and ERNESTO T. MATUDAY v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146423 November 12, 2002 - PEOPLE OF THE PHILIPPINES v. TEODORO D. DIVINA

  • G.R. No. 147395 November 12, 2002 - ADZHAR I. JAMAANI v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 147806 November 12, 2002 - NERISSA BUENVIAJE ET. AL. v. THE HONORABLE COURT OF APPEALS ET AL.

  • A.M. No. P-02-1569 November 13, 2002 - CARMELITA S. DANAO v. JESUS T. FRANCO, JR.

  • G.R. No. 133763 November 13, 2002 - UNITED HARBOR PILOTS’ ASSO. OF THE PHIL. v. ASSO. OF INTL. SHIPPING LINES

  • G.R. No. 140088 November 13, 2002 - PEOPLE OF THE PHIL. v. PHOEBE ASTUDILLO, ET AL.

  • G.R. No. 141943-45 November 13, 2002 - PEOPLE OF THE PHIL. v. DIOSDADO P. RECEPCION, ET AL.

  • G.R. No. 146100 November 13, 2002 - PEOPLE OF THE PHIL. v. JOHNNY LOTERONO

  • G.R. No. 146468 November 13, 2002 - PEOPLE OF THE PHIL. v. ROQUE ABELLANO

  • G.R. Nos. 146521-22 November 13, 2002 - PEOPLE OF THE PHIL. v. NARDITO ALEMANIA

  • G.R. No. 153475 November 13, 2002 - MIGUEL M. LINGATING v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 143005 November 14, 2002 - PEOPLE OF THE PHILIPPINES v. JUANITO ESTRADA

  • G.R. No. 143868 November 14, 2002 - OSCAR C. FERNANDEZ v. SPS. CARLOS and NARCISA TARUN

  • A.M. No. 2002-15-SC November 15, 2002 - Re: Habitual Tardiness First Semester 2002

  • A.M. No. RTJ-01-1663 November 15, 2002 - MAIMONA MANONGGIRING v. JUDGE AMER R. IBRAHIM

  • G.R. Nos. 132484-85 November 15, 2002 - PEOPLE OF THE PHILIPPINES v. JULLIVER DE LEON

  • G.R. No. 141314 November 15, 2002 - REPUBLIC OF THE PHILIPPINES v. MANILA ELECTRIC COMPANY

  • G.R. Nos. 146464-67 November 15, 2002 - PEOPLE OF THE PHIL. v. JOSE VILLANUEVA

  • G.R. No. 148699 November 15, 2002 - PEOPLE OF THE PHIL. v. AM WILSON L. MANIJAS

  • G.R. No. 152332 November 15, 2002 - DR. ROBERTO DE LEON v. EDUARDO CALALO

  • G.R. No. 152886 November 15, 2002 - ROSENDO E. CAPIRAL v. SPS. MAXIMA and DANIEL VALENZUELA

  • A.M. No. P-93-960 November 18, 2002 - TERESITA ROMERO v. ENRIQUETA CASTELLANO

  • G.R. No. 113459 November 18, 2002 - COMMISSIONER OF INTERNAL REVENUE v. JOSEFINA LEAL

  • G.R. No. 129235 November 18, 2002 - PEOPLE OF THE PHIL. v. FAUSTINO MORANO, ET AL.

  • G.R. No. 130423 November 18, 2002 - VIRGIE SERONA v. COURT OF APPEALS, ET AL.

  • G.R. No. 131421 November 18, 2002 - GERONIMO DADO v. PEOPLE OF THE PHIL.

  • G.R. No. 137191 November 18, 2002 - BEN B. RICO v. PEOPLE OF THE PHIL.

  • G.R. No. 137454 November 18, 2002 - PEOPLE OF THE PHIL. v. JERRY D. CANTUBA

  • G.R. Nos. 140004-05 November 18, 2002 - PEOPLE OF THE PHIL. v. VICTORIO C. NEBRIA

  • G.R. No. 140216 November 18, 2002 - THE PEOPLE OF THE PHILIPPINES v. RENATO C. BACUS

  • G.R. No. 140635 November 18, 2002 - THE PEOPLE OF THE PHIL. v. MARIO O. TERRIBLE

  • G.R. No. 142244 November 18, 2002 - ATLAS FARMS v. NLRC, ET AL.

  • G.R. Nos. 146641-43 November 18, 2002 - PEOPLE OF THE PHIL. v. RICA G. CUYUGAN

  • G.R. Nos. 149414-15 November 18, 2002 - PEOPLE OF THE PHIL. v. ANGEL AMANTE

  • G.R. No. 151891 November 18, 2002 - MAUYAG B. PAPANDAYAN, JR. v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 152163 November 18, 2002 - SABDULLAH T. MACABAGO v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 127060 November 19, 2002 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132389 November 19, 2002 - PEDRO CUPCUPIN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 139492 November 19, 2002 - LAGUNA CATV NETWORK v. HON. ALEX E. MARAAN

  • G.R. No. 142133 November 19, 2002 - METRO TRANSIT ORGANIZATION, INC. ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 143844-46 November 19, 2002 - PEOPLE OF THE PHIL. v. ATANACIO MENDOZA

  • G.R. No. 136762 November 21, 2002 - ASSOCIATED COMMUNICATIONS and WIRELESS SERVICES v. FIDELO Q. DUMLAO, ET AL.

  • G.R. No. 138494 November 21, 2002 - LEOSANDRO MELAYO v. PEOPLE OF THE PHIL.

  • G.R. No. 139368 November 21, 2002 - ROBIN M. CANO v. PNP CHIEF EDGAR C. GALVANTE, ET AL..

  • G.R. No. 139830 November 21, 2002 - ROLLY ADAME v. COURT OF APPEALS, ET AL.

  • G.R. No. 139982 November 21, 2002 - JULIAN FRANCISCO ET. AL.. v. PASTOR HERRERA

  • G.R. No. 140731 November 21, 2002 - PEOPLE OF THE PHIL. v. PABLITO A. ILO

  • G.R. No. 141344 November 21, 2002 - TEMISTOCLES TAPDASAN, JR. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 141592 November 21, 2002 - MARCELO CENTENO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141914 November 21, 2002 - PEOPLE OF THE PHIL. v. PEDRO G. MONDIJAR

  • G.R. No. 144314 November 21, 2002 - SKIPPERS PACIFIC, INC., ET AL. v. MANUEL V. MIRA, ET AL.

  • G.R. No. 146103 November 21, 2002 - PEOPLE OF THE PHILIPPINES v. GEORGE WAD-AS

  • G.R. No. 146276 November 21, 2002 - PEOPLE OF THE PHIL. v. ANTONIO C. DUROHOM

  • G.R. No. 146425 November 21, 2002 - PEOPLE OF THE PHIL. v. ARNOLD NARCISO

  • G.R. No. 147182 November 21, 2002 - EVELYN M. RELUCIO v. CIVIL SERVICE COMMISSION and COURT OF APPEALS

  • G.R. No. 147671 November 21, 2002 - PEOPLE OF THE PHIL. v. RENANTE MENDEZ, ET AL.

  • G.R. Nos. 148917-18 November 21, 2002 - THE PEOPLE OF THE PHILIPPINES v. ABSOLON YONTO y UTOM

  • G.R. No. 149800 November 21, 2002 - RICARDO V. QUINTOS v. COMELEC, ET AL.

  • G.R. No. 137533 November 22, 2002 - TALA REALTY SERVICES CORPORATION v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK

  • G.R. No. 144116 November 22, 2002 - CESAR MONTANEZ v. NESTOR MENDOZA

  • G.R. No. 146470 November 22, 2002 - PEOPLE OF THE PHILIPPINES v. MILA RAZUL y BASHIED

  • A.M. No. MTJ-99-1223 November 26, 2002 - SPS. TEOFILA and GREGORIO MAGALLON v. JUDGE ANTONIO F. PARAGUYA

  • A.M. No. RTJ-02-1711 November 26, 2002 - Atty. BENJAMIN RELOVA v. Judge ANTONIO M. ROSALES

  • G.R. No. 120014 November 26, 2002 - FRANCISCO Q. AURILLO v. NOEL RABI

  • G.R. No. 132081 November 26, 2002 - JOEL M. SANVICENTE v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 138478 November 26, 2002 - PACIFIC AIRWAYS CORPORATION, ET AL. v. JOAQUIN TONDA

  • G.R. No. 143196 November 26, 2002 - STI DRIVERS ASSOCIATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143376 November 26, 2002 - LENI O. CHOA v. ALFONSO C. CHOA

  • G.R. Nos. 145339-42 November 26, 2002 - PEOPLE OF THE PHILIPPINES v. ARTHUR MENDOZA and DAVE MENDOZA

  • G.R. No. 148514 November 26, 2002 - LUCRATIVE REALTY AND DEVELOPMENT CORPORATION v. RICARDO C. BERNABE JR.

  • G.R. No. 149375 November 26, 2002 - MARVIN MERCADO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 150164 November 26, 2002 - GLORIOSA V. VALARAO v. CONRADO C. PASCUAL and MANUEL C. DIAZ

  • A.M. No. 02-2-12-SC November 27, 2002 - DR. CORA J. VIRATA v. JUDGE FRANCISCO G. SUPNET

  • A.M. No. 00-6-09-SC November 27, 2002 - RE: IMPOSITION OF CORRESPONDING PENALTIES

  • A.M. No. 02-9-24-0 November 27, 2002 - RE: LOSS OF EXTRAORDINARY ALLOWANCE CHECK NO. 1106739 OF JUDGE EDUARDO U. JOVELLANOS

  • G.R. No. 133386 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. ROMEO LLANDA

  • G.R. No. 133827 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. COSME L. PASTORETE

  • G.R. Nos. 137766-67 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. ILADIO CARALIPIO

  • G.R. No. 138197 November 27, 2002 - MA. ELIZA C. GARCIA v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 139130 November 27, 2002 - RAMON K. ILUSORIO v. HON. COURT OF APPEALS, ET AL.

  • G.R. Nos. 139187-94 (140427-34) November 27, 2002 - PEOPLE OF THE PHILIPPINES v. RICARDO SOLMORO

  • G.R. No. 139472 November 27, 2002 - PEOPLE OF THE PHIL. v. RAUL R. GUIMBA, ET AL.

  • G.R. No. 139946 November 27, 2002 - RAMON J. FAROLAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 140374 November 27, 2002 - JANE C. ABALOS, ET AL. v. PHILEX MINING CORPORATION

  • G.R. No. 141365 November 27, 2002 - SPS. FELIPE and FLORA YULIENCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143369 November 27, 2002 - LEOPOLDO C. LEONARDO v. VIRGINIA TORRES MARAVILLA, ET AL.

  • G.R. No. 144266 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. WILSON ANTONIO, JR.

  • G.R. No. 145727 November 27, 2002 - PEOPLE OF THE PHILIPPINES v. RONILO FERRERA

  • G.R. No. 146553 November 27, 2002 - BANK OF THE PHILIPPINE ISLANDS v. Sps. WILLIE AND JULIE L. EVANGELISTA, ET AL.

  • G.R. No. 153700 November 27, 2002 - ESTRELLA C. PABALAN v. ANASTACIA B. SANTARIN

  • A.M. No. P-02-1649 November 29, 2002 - OFFICE OF THE COURT ADMINISTRATOR v. ELIZABETH T. IBAY

  • A.M. Nos. RTJ-01-1639 & 00-9-427-RTC November 29, 2002 - JUDITH B. ERMITANIO v. MA. THERESA DELA TORRE-YADAO

  • G.R. Nos. 141489–90 November 29, 2002 - SENATOR AQUILINO Q. PIMENTEL, ET AL. v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL, ET AL.

  •  





     
     

    A.M. No. MTJ-99-1223   November 26, 2002 - SPS. TEOFILA and GREGORIO MAGALLON v. JUDGE ANTONIO F. PARAGUYA

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. No. MTJ-99-1223. November 26, 2002.]

    SPOUSES TEOFILA and GREGORIO MAGALLON, Complainants, v. JUDGE ANTONIO F. PARAGUYA, MTCC, Branch 6, Cebu City, Respondent.

    R E S O L U T I O N


    YNARES-SANTIAGO, J.:


    In a Sworn Letter-Complaint dated June 27, 1997, 1 Spouses Gregorio and Teofila Magallon charged Antonio F. Paraguya, Presiding Judge of Branch 6 of the Municipal Trial Court in Cities, Cebu City, with Gross Ignorance of the Law, Gross Negligence and Incompetence relative to Civil Case No. R-32522.chanrob1es virtual law library

    Complainants alleged that on October 1, 1993, they filed with respondent’s court a complaint for ejectment 2 against Spouses Felix and Francisca Teofilo and Avelina Pañares. On November 17, 1993, said defendants moved to dismiss the complaint on the ground of lack of jurisdiction, but the same was denied by respondent judge for being a prohibited pleading under the Revised Rule on Summary Procedure. 3 Defendants filed a motion for reconsideration of the order of denial of the motion to dismiss. Respondent judge denied the motion for reconsideration on the ground that the same was likewise a prohibited pleading under the Revised Rule on Summary Procedure. 4 Thereafter, the parties submitted their position papers. The case was decided only in 1997. A complaint was filed against respondent judge for taking four years to dispose of a simple ejectment case.

    In the meantime, Judge Antonio F. Paraguya compulsorily retired from the service in September 1998. In his letter dated March 23, 1999, he requested for the release of his retirement benefits subject to the retention of the amount of P20,000.00 to answer for whatever liability may be imposed on him in the administrative case filed against him.

    The complaint against Judge Paraguya was referred to the Legal Office of the Court Administrator for investigation, report and recommendation. On May 11, 1999, the Court Administrator recommended that respondent be fined in the amount of P50,000.00, the same to be deducted from his retirement benefits for his failure to decide the complaint for ejectment within thirty (30) days from the receipt of the last affidavits and position papers, pursuant to Rule 2, Section 10 of the Revised Rule on Summary Procedure.

    In his comment, respondent judge invoked good faith and sincerely apologized for gross infractions of the law. He alleged that it was very taxing for a newcomer like him who had barely assumed office on August 9, 1993 to pore over the voluminous records of all the cases including the instant case filed on October 1, 1993; that complainants were assisted by a top-caliber lawyer while the defendants pleaded a good defense; that the instant case got buried and lost when hundreds of cases were unloaded by the Regional Trial Court upon the expansion of jurisdiction of municipal courts; that there were only eight (8) branches of MTCC in Cebu City, 3 of which were vacant at that time; and that each branch of MTCC-Cebu City received an average of 60 cases raffled per week.chanrob1es virtua1 1aw 1ibrary

    Respondent’s arguments are specious. He is guilty of tardiness in resolving Civil Case No. R-32522 for more than two years from the submission of the last position papers on February 28, 1995. To reiterate, the Revised Rule on Summary Procedure requires that judgment in ejectment cases be rendered within 30 days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same. The Summary Rule was enacted to achieve an expeditious and inexpensive determination of cases. 5 Failure to resolve cases submitted for decision within the period fixed by law constitutes a serious violation of the constitutional right of the parties to a speedy disposition of their cases. 6

    Rule 1.02 of Canon 1 and Rule 3.05 of Canon 3 of the Code of Judicial Conduct explicitly provide:chanrob1es virtual 1aw library

    Rule 1.02. — A judge should administer justice impartially and without delay.

    Rule 3.05. — A judge shall dispose of the court’s business promptly and decide cases within the required periods.

    This Court in a litany of cases has reminded members of the bench that the unreasonable delay of a judge in resolving a pending incident is a violation of the norms of judicial conduct and constitutes a ground for administrative sanction against the defaulting magistrate. 7 Delay in the disposition of cases erodes the faith and confidence of our people in the judiciary, lowers its standards and brings it into disrepute. 8 Hence, magistrates are enjoined to decide cases with dispatch. Their failure to do so constitutes gross inefficiency. 9

    Judges are called upon to observe utmost diligence and dedication in the performance of their judicial functions and duties. 10 To reiterate, judges are bound to dispose of the court’s business promptly and to decide cases within the required period. 11 If he can not do so, he should seek extensions from this Court to avoid administrative liability. 12 More importantly, in Ruperto v. Banquerigo, we stated: 13

    The office of a judge exists for one solemn end — to promote the ends of justice by administering it speedily and impartially. The judge as the person presiding over that court is the visible representation of the law and justice. These are self-evident dogmas which do not even have to be emphasized, but to which we are wont to advert to when some members of the judiciary commit legal missteps or stray from the axioms of judicial ethics.

    While the Court agrees with the Court Administrator that respondent judge should be fined for his failure to resolve the ejectment case within the thirty-day period set in the Revised Rule on Summary Procedure, we find that the amount of P50,000.00 is excessive in relation to the gravity of the offense. In a recent case, 14 we imposed a fine of P5,000.00 against a judge for failure to resolve an election case within the prescribed period. Hence, the reduced amount of Five Thousand Pesos (P5,000.00) is reasonable taking into account the attendant circumstances of the instant case.

    WHEREFORE, in view of the foregoing, respondent judge is found GUILTY of incompetence in not acting speedily on Civil Case No. R-32522. He is ORDERED to pay a fine in the amount of Five Thousand Pesos (P5,000.00), to be deducted from his retirement benefits.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Vitug, Carpio, and Azcuna, JJ., concur.

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

    Endnotes:



    1 Rollo, pp. 1-2.

    2. Annex "A" to the Sworn Letter Complaint.

    3. Annex "C" to the Sworn Letter Complaint.

    4. Annex "E" to the Sworn Letter Complaint.

    5. Rule on Summary Procedure, Sec. 17; Raboca v. Pantanosas, Jr., 245 SCRA 293, 295 [1995]; Cruz v. Pascual, 244 SCRA 111, 114 [1995].

    6. Report on the Judicial Audit Conducted in Branch 34, Regional Trial Court of Iriga City, 324 SCRA 397, 401 [2000].

    7. Dysico v. Dacumos, 262 SCRA 275 [1996]; Re: Report on the Audit and Inventory of Cases in RTC, Branch 55, Alaminos, Pangasinan, 262 SCRA 555 [1996]; Re: Report on the Judicial Audit Conducted in the Regional Trial Court, Branches 61, 134 and 147, Makati, Metro Manila, 248 SCRA 5 [1995]; Re: Query of Judge Danilo M. Tenerife, 255 SCRA 184 [1996]; Re: Report on the Judicial Audit and Physical Inventory of the Records of Cases in MTCC, Br. 2, Batangas City, 248 SCRA 36 [1995]; Bentulan v. Dumatol, 233 SCRA 168 [1994]; Re: Letter of Mr. Octavio Kalalo, 231 SCRA 403 [1993]; Longboan v. Polig, 186 SCRA 556 [1990].

    8. Abarquez v. Rebosura, 285 SCRA 109 [1998]; Ng v. Ulibari, 293 SCRA 342 [1998]; Guintu v. Lucero, 261 SCRA 1 [1996]; Report on the Audit and Inventory of Cases in the RTC, Branch 11, Balayan, Batangas, 234 SCRA 502 [1994].

    9. Sanchez v. Vestil, 298 SCRA 1 [1998]; Grefaldeo v. Judge Lacson, 293 SCRA 524 [1998].

    10. Re: Report on the Judicial Audit Conducted in the Municipal Circuit Trial Court, Dingle-Duenas, Iloilo, 280 SCRA 637 [1997].

    11. Rule 3.05, Canon 3, Code of Judicial Conduct.

    12. Sena v. Villarin, A.M. No. 00-1258-MTJ, 22 March 2000.

    13. 293 SCRA 704 [1998].

    14. Ang v. Judge Asis, A.M. No. RTJ-00-1590, 15 January 2002.

    A.M. No. MTJ-99-1223   November 26, 2002 - SPS. TEOFILA and GREGORIO MAGALLON v. JUDGE ANTONIO F. PARAGUYA


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