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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.

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. No. P-02-1649. November 29, 2002.]

    OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ELIZABETH T. IBAY, Staff Assistant, Municipal Trial Court, Cauayan, Isabela, Respondent.

    D E C I S I O N


    SANDOVAL-GUTIERREZ, J.:


    Records show that on March 23, 2000, the Office of the Court Administrator (OCA) received an anonymous letter dated March 1, 2000 denouncing respondent Elizabeth Ibay, Staff Assistant at the Municipal Trial Court of Cauayan, Isabela, for encashing the monetization check worth P6,000.00 of Aida Magpantay, Court Interpreter of the same court, by forging the latter’s signature.chanrob1es virtua1 1aw 1ibrary

    In a Memorandum dated May 25, 2000, the same Court Administrator directed Executive Judge Henedino P. Eduarte, Regional Trial Court, Branch 20, Cauayan, Isabela, to conduct a discreet investigation of the incident. His Report of July 19, 2000 is quoted as follows:jgc:chanrobles.com.ph

    "Sometime in October 1999, Mrs. Aida P. Magpantay, together with other court personnel of the MTC, Cauayan, Isabela, applied for the monetization of their accrued leave credits. The checks arrived sometime in November 1999. Elizabeth T. Ibay, Staff Assistant of the MTC, Cauayan, was the one who received the envelope containing the checks from the post office of Cauayan. There was no check for Aida Magpantay, but the other court personnel received theirs. Ibay told Magpantay that probably there was no fund.

    In February 2000, Magpantay, together with her friend Ibay, went to the Supreme Court to see her accrued leaves as she intended to go abroad. When she and Ibay were in the Leave Section, she was told that she had still accrued leave credits which she could monetize. Magpantay said that she applied but there was no fund. The Leave Section told Magpantay that there was fund and that her application for monetization was approved. She was told to go to the Finance Department to see her check. Ibay was present when Magpantay was informed of this.

    It was when they were on their way to the Finance Department that Ibay finally broke down and confessed to Magpantay that she got her check and encashed it because she was in need of money for the medicine of her husband. She admitted that she falsified her (Magpantay’s) signature and had it encashed in San Pablo, Isabela. She promised Magpantay that she will return her money in the amount of P5,674.09.

    Ibay went to her friend Mrs. Jesusa Dumaua of the RTC, Cabagan, Isabela. She told her that Magpantay endorsed the check in the amount of P5,674.09. She requested Dumaua to do her a favor by endorsing the check so that it could be used to buy medicines at the Liberty Drug Store in Tumauini, Isabela, where Dumaua is known because she is a resident of Tumauini, Isabela. Dumaua signed the check.

    In April 2000, Ibay paid Magpantay P5,674.09.

    The foregoing facts were gathered from my discreet investigation of Mrs. Aida P. Magpantay, Mrs. Jesusa Dumaua, Elizabeth T. Ibay and Anselma Meris, MTC personnel."cralaw virtua1aw library

    In separate 1st Indorsements both August 17, 2000, then Court Administrator Alfredo L. Benipayo directed respondent and Aida Magpantay to comment on the anonymous letter.chanrob1es virtua1 1aw 1ibrary

    On September 17, 2000, respondent submitted to the OCA her comment admitting that she encashed Aida’s check because she needed money for the hospitalization of her husband. In her comment, she further stated:jgc:chanrobles.com.ph

    "x       x       x

    3. That I used the money to save the life of my husband and that I know Mrs. Magpantay could always understand and forgive me;

    4. That I paid the amount of the check of Mrs. Magpantay and that she has no complaint against me as to the encashment of her check;

    5. That I seek the assistance of Mrs. Jesusa F. Dumaua, a Court Stenographer of RTC, Branch 22, Cabagan, Isabela, my townmate, to help endorse the check;

    6. That I do not have any bad intention except that I really wanted to save the life of my husband at that time."cralaw virtua1aw library

    Aida Magpantay submitted to the OCA, her affidavit confirming respondent’s statement that she encashed her (Aida’s) check "to save the life of her husband;" that she has forgiven respondent; and that the latter paid the amount of the check.

    In his Report and Recommendation, Court Administrator Presbitero J. Velasco, Jr. stated that although respondent had already paid Aida Magpantay the amount of the check and that the latter extended her forgiveness, such circumstances would not exculpate the said respondent from administrative liability. Court Administrator Velasco found her guilty of dishonesty and recommended that she be dismissed from the service with forfeiture of all benefits and with prejudice to re-employment in the government, including government owned or controlled corporations.

    We agree with the Court Administrator that respondent’s acts of forging Aida’s signature and encashing her check constitute dishonesty. That respondent paid the amount of the check and that she was forgiven by Aida are inconsequential.

    In PAGCOR v. Rilloraza, 1 dishonesty is defined as the" (d)isposition to lie, cheat, deceive, or defraud; untrustworthiness; lack of integrity; lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray."cralaw virtua1aw library

    Respondent’s conduct clearly shows a lack of fairness and straightforwardness in dealing with her friend and co-employee. Indeed, her disposition to defraud or betray was obvious. She claimed she desperately needed the money for her sick husband. On this point, we recall Aida’s statement in her affidavit that respondent has the habit of borrowing money from her in "emergency cases" and she (Aida) would lend her the amounts she needed. Had respondent been honest, she should have borrowed money from Aida, instead of resorting to fraudulent acts.chanrob1es virtua1 1aw 1ibrary

    Time and again, this Court has held that the conduct and behavior of everyone connected with an office charged with the dispensation of justice, from the presiding judge to the sheriff and to the lowliest clerk should be circumscribed with the heavy burden of responsibility. For every employee of the judiciary should be an example of integrity, uprightness and honesty. 2

    In Re Report of the Financial Audit Conducted on the accounts of Zenaida Garcia, MTC, Barotac Nuevo, Iloilo, 3 this Court ruled that" (b)y the very nature of their duties and responsibilities, all those involved in the administration of justice, from the highest official to the lowliest clerk, must faithfully adhere to, hold inviolate, and invigorate the principle solemnly enshrined in Section 1 of Article XI of the Constitution that a public office is a public trust. All public officers and employees must at all times be accountable to the people; serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice; and lead modest lives. The Court condemns and will never countenance any conduct, act or omission on the part of all those involved in the administration of justice which will violate the norm of public accountability and diminish or tend to diminish the faith of the people in the Judiciary."cralaw virtua1aw library

    Section 52(A) (1) of the Revised Uniform Rules on Administrative Cases in the Civil Service provides that dishonesty is a grave offense punishable by dismissal from the service when committed for the first time. However, considering that respondent admitted her offense, as confirmed by Aida herself, and that she has never been charged administratively in the past, these circumstances mitigate her culpability, pursuant to Section 53 on "Extenuating, Mitigating, Aggravating, or Alternative Circumstances" of the same Rules. The penalty next lower to dismissal from the service is suspension for 6 months and 1 day to 1 year without benefits including leave credits.

    WHEREFORE, the Court finds respondent Elizabeth Ibay guilty of dishonesty and is SUSPENDED FROM THE SERVICE FOR SEVEN (7) MONTHS WITHOUT BENEFITS INCLUDING LEAVE CREDITS, with a stern warning that commission of the same or similar acts shall warrant a more severe penalty.chanrobles virtual law library

    Let a copy of this Decision be spread in her Personnel File with the Court.

    SO ORDERED.

    Panganiban, Corona and Carpio-Morales, JJ., concur.

    Puno, J., abroad, on official leave.

    Endnotes:



    1. 359 SCRA 525, 540 (2001) citing BLACK’S LAW DICTIONARY, Sixth Ed., p. 468, 1990.

    2. Merilo-Bedural v. Edroso, 342 SCRA 593, 598-599 (2000).

    3. 303 SCRA 142, 146-147 (1999).

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


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