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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
 

   
April-2003 Jurisprudence                 

  • A.C. No. 4984 April 1, 2003 - JULITO D. VITRIOLO, ET AL. v. FELINA DASIG

  • A.M. No. MTJ-03-1485 April 1, 2003 - FIDEL ISIP, JR. v. VALENTINO B. NOGOY

  • A.M. Nos. P-02-1620, P-02-1621, P-02-1622 & P-96-1194 April 1, 2003 - MELINDA F. PIMENTEL v. PERPETUA SOCORRO M. DE LEOZ

  • A.M. No. P-02-1643 April 1, 2003 - DIMAS ABALDE v. ANTONIO ROQUE

  • G.R. No. 137782 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTURO R. NICOLAS

  • G.R. No. 138470 April 1, 2003 - PEOPLE OF THE PHIL. v. ARTEMIO GARCIA

  • G.R. No. 143084 April 1, 2003 - PEOPLE OF THE PHIL. v. JOSE TORELLOS

  • G.R. No. 148635 April 1, 2003 - MARILLA MAYANG CAVILE, ET AL. v. HEIRS OF CLARITA CAVILE, ET AL.

  • G.R. No. 149453 April 1, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • A.M. No. 01-1-13-RTC April 2, 2003 - RE: Report on the Examination of the Cash and Accounts

  • A.M. No. P-02-1545 April 2, 2003 - ZENAIDA C. GUTIERREZ, ET AL. v. RODOLFO V. QUITALIG

  • G.R. No. 139412 April 2, 2003 - PEOPLE OF THE PHIL. v. RONALD CASTILLANO, ET AL.

  • G.R. Nos. 149028-30 April 2, 2003 - PEOPLE OF THE PHIL. v. ARMANDO CABALLERO, ET AL.

  • G.R. No. 149893 April 2, 2003 - PEOPLE OF THE PHIL. v. MELCHOR RABAGO

  • A.C. No. 4958 April 3, 2003 - FIDEL D. AQUINO v. OSCAR MANESE

  • A.M. No. MTJ-02-1436 April 3, 2003 - JAIME C. TARAN v. JOSE S. JACINTO

  • A.M. No. P-02-1595 April 3, 2003 - TIMOTEO M. CASANOVA, JR. v. FELIZARDO P. CAJAYON

  • A.M. No. P-02-1650 April 3, 2003 - ZENAIDA REYES-MACABEO v. FLORITO EDUARDO V. VALLE

  • G.R. Nos. 111098-99 April 3, 2003 - PEOPLE OF THE PHIL. v. PIO BISO

  • G.R. Nos. 143976 & 145846 April 3, 2003 - SPS. OSCAR and HAYDEE BADILLO v. ARTURO G. TAYAG, ET AL.

  • G.R. No. 144444 April 3, 2003 - STATE INVESTMENT TRUST v. DELTA MOTORS CORP.

  • G.R. No. 150978 April 3, 2003 - POWTON CONGLOMERATE v. JOHNNY AGCOLICOL

  • G.R. No. 155875 April 3, 2003 - AGAPITO CRUZ FIEL, ET AL. v. KRIS SECURITY SYSTEMS, INC., ET AL.

  • A.M. No. MTJ-03-1482 April 4, 2003 - ILUMINADA SANTILLAN VDA. DE NEPOMUCENO v. NICASIO V. BARTOLOME

  • A.M. No. P-03-1690, MTJ-01-1363 & 01-12-02-SC April 4, 2003 - ESTRELLITA M. PAAS v. EDGAR E. ALMARVEZ

  • G.R. No. 108405 April 4, 2003 - JAIME D. VIERNES, ET AL. v. N;RC, ET AL.

  • G.R. No. 117020 April 4, 2003 - VIRON TRANSPORTATION CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125938 April 4, 2003 - PEOPLE OF THE PHIL. v. JOEL JANSON, ET AL.

  • G.R. No. 140756 April 4, 2003 - PEOPLE OF THE PHIL. v. JUAN GONZALES ESCOTE, ET AL.

  • G.R. No. 141631 April 4, 2003 - PEOPLE OF THE PHIL. v. FERDINAND FRANCISCO

  • G.R. No. 143135 April 4, 2003 - REPUBLIC OF THE PHIL. v. DAMAYAN NG PUROK 14, INC.

  • G.R. No. 143779 April 4, 2003 - FRANCISCA L. MARQUEZ v. SIMEON BALDOZ

  • G.R. Nos. 145309-10 April 4, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO FLORES

  • G.R. Nos. 144476 & 144629 April 8, 2003 - ONG YONG, ET AL. v. DAVID. S. TIU, ET AL.

  • G.R. No. 149022 April 8, 2003 - CARMENCITA D. CORONEL v. ANIANO A. DESIERTO, ET AL.

  • A.M. No. MTJ-02-1428 April 9, 2003 - ARFRAN L. QUIÑONES v. FRANCISCO H. LOPEZ

  • A.M. No. P-02-1580 April 9, 2003 - RENE ESPINA v. JUAN A. GATO

  • A.M. No. RTJ-01-1630 April 9, 2003 - HEINZ R. HECK v. ANTHONY E. SANTOS

  • G.R. No. 119255 April 9, 2003 - TOMAS K. CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126968 April 9, 2003 - RICARDO BALUNUECO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128568 April 9, 2003 - SPS. REYNALDO and ESMERALDA ALCARAZ v. PEDRO M. TANGGA-AN, ET AL.

  • G.R. No. 132371 April 9, 2003 - PEOPLE OF THE PHIL. v. DANILO Q. SIMBAHON

  • G.R. No. 133003 April 9, 2003 - PEOPLE OF THE PHIL. v. LAWRENCE MACAPANPAN, ET AL.

  • G.R. No. 141258 April 9, 2003 - TOMASA SARMIENTO v. SPS. LUIS & ROSE SUN-CABRIDO ET AL.

  • G.R. Nos. 141314 & 141369 April 9, 2003 - REPUBLIC OF THE PHIL. REPRESENTED BY ENERGY REGULATORY BOARD v. MERALCO

  • G.R. No. 143004 April 9, 2003 - PEOPLE OF THE PHIL. v. DANTE CLIDORO

  • G.R. No. 143432 April 9, 2003 - PEOPLE OF THE PHIL. v. TERENCIO L. FUNESTO

  • G.R. No. 146034 April 9, 2003 - PEOPLE OF THE PHIL. v. LASTIDE A. SUBE, ET AL.

  • G.R. No. 146815 April 9, 2003 - HEIRS OF PEDRO, ET AL. v. STERLING TECHNOPARK III ET AL.

  • G.R. No. 147468 April 9, 2003 - SPS. EDUARDO & JOSEFINA DOMINGO v. LILIA MONTINOLA ROCES, ET AL.

  • G.R. No. 147745 April 9, 2003 - MARIA BUENA OBRA v. SOCIAL SECURITY SYSTEM

  • G.R. No. 148727 April 9, 2003 - SPS. HERMOGENA AND JOSE ENGRESO v. NESTORIA DE LA CRUZ, ET AL.

  • G.R. No. 149038 April 9, 2003 - PHIL. AMERICAN GENERAL INSURANCE COMPANY v. PKS SHIPPING COMPANY

  • G.R. No. 149110 April 9, 2003 - NATIONAL POWER CORPORATION v. CITY OF CABANATUAN

  • G.R. No. 149422 April 10, 2003 - DEPARTMENT OF AGRARIAN REFORM v. APEX INVESTMENT AND FINANCING CORP.

  • G.R. No. 149578 April 10, 2003 - EVELYN TOLOSA v. NLRC, ET AL.

  • G.R. No. 143540 April 11, 2003 - JOEL G. MIRANDA v. ANTONIO C. CARREON, ET AL.

  • G.R. No. 148138 April 11, 2003 - PEOPLE OF THE PHIL. v. JOHNNY VIAJEDOR

  • A.M. No. P-02-1645 April 21, 2003 - GILBERT HOWARD M. ATIENZA v. JOSEPHINE V. DINAMPO

  • A.M. No. P-03-1695 April 21, 2003 - ARTEMIO H. QUIDILLA v. JUNAR G. ARMIDA

  • A.M. No. RTJ-03-1756 April 22, 2003 - AURORA S. GONZALES v. VICENTE A. HIDALGO

  • G.R. No. 127745 April 22, 2003 - FELICITO G. SANSON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129163 April 22, 2003 - VOLTAIRE ARBOLARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138650-58 April 22, 2003 - PEOPLE OF THE PHIL. v. IGNACIO SINORO

  • G.R. No. 140707 April 22, 2003 - NORGENE POTENCIANO, ET AL. v. DWIGHT "IKE" B. REYNOSO, ET AL.

  • G.R. No. 146942 April 22, 2003 - CORAZON G. RUIZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 152329 April 22, 2003 - ALEJANDRO ROQUERO v. PHILIPPINE AIRLINES, INC.

  • A.M. No. RTJ-03-1763 April 24, 2003 - JOSE B. TIONGCO v. FLORENTINO P. PEDRONIO

  • A.M. No. RTJ-03-1770 April 24, 2003 - MELISSA E. MAÑO v. CAESAR A. CASANOVA

  • G.R. No. 123968 April 24, 2003 - URSULINA GANUELAS, ET AL. v. ROBERT T. CAWED, ET AL.

  • G.R. No. 137182 April 24, 2003 - PEOPLE OF THE PHIL. v. ABDILA L. SILONGAN, ET AL.

  • G.R. Nos. 137458-59 April 24, 2003 - PEOPLE OF THE PHIL. v. JESUS G. BATOCTOY, ET AL.

  • G.R. No. 137601 April 24, 2003 - PEOPLE OF THE PHIL. v. WINCHESTER ABUT, ET AL.

  • G.R. No. 139230 April 24, 2003 - PEOPLE OF THE PHIL. v. MANUEL DANIELA, ET AL.

  • G.R. No. 143672 April 24, 2003 - COMMISSIONER OF INTERNAL REVENUE v. GENERAL FOODS (PHILS.), INC.

  • G.R. No. 145915 April 24, 2003 - PEOPLE OF THE PHIL. v. VILMA Z. ALMENDRAS, ET AL.

  • G.R. No. 147038 April 24, 2003 - RICHARD TEH v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1370 April 25, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. AGUSTIN T. SARDIDO

  • G.R. No. 118749 April 25, 2003 - SPS LORENZO and LORENZA FRANCISCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 141187 April 28, 2003 - PEOPLE OF THE PHIL. v. RONNIE A. MACTAL

  • A.C. No. 5225 April 29, 2003 - SPS. WILFREDO & LYDIA BOYBOY v. VICTORIANO R. YABUT, JR.

  • A.M. No. MTJ-02-1453 April 29, 2003 - EDITHA PALMA GIL v. FRANCISCO H. LOPEZ, JR.

  • A.M. No. P-02-1615 April 29, 2003 - PEDRO MAGNAYE v. ERIBERTO R. SABAS

  • G.R. No. 119858 April 29, 2003 - EDWARD C. ONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 122363 April 29, 2003 - VICTOR G. VALENCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 127002 April 29, 2003 - JEREMIAS L. DOLINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 135394 April 29, 2003 - JOSE V. DELA RAMA v. FRANCISCO G. MENDIOLA, ET AL.

  • G.R. No. 139841 April 29, 2003 - EMILIO C. VILLAROSA v. DEMOSTHENES L. MAGALLANES, ET AL.

  • G.R. No. 141518 April 29, 2003 - PEOPLE OF THE PHIL. v. CLARENCE ASTUDILLO, ET AL.

  • G.R. No. 142015 April 29, 2003 - RURAL BANK OF STA. IGNACIA v. PELAGIA DIMATULAC

  • G.R. No. 147230 April 29, 2003 - PEOPLE OF THE PHIL. v. REYNALDO R. REMERATA

  • G.R. No. 150656 April 29, 2003 - MARGARITA ROMUALDEZ-LICAROS v. ABELARDO B. LICAROS

  • A.C. No. 4724 April 30, 2003 - GORETTI ONG v. JOEL M. GRIJALDO

  • A.M. No. CA-99-9-P April 30, 2003 - MAGTANGGOL GABRIEL v. VIRGINIA C. ABELLA, ET AL.

  • A.M. No. P-00-1445 April 30, 2003 - MEDARDO M. PADUA v. IRENEO S. PAZ

  • A.M. No. P-02-1599 April 30, 2003 - LEANDRO T. LOYAO v. MAMERTO J. CAUBE, ET AL.

  • A.M. No. P-02-1600 April 30, 2003 - DOMINADOR. AREVALO, ET AL. v. EDGARDO S. LORIA, ET AL.

  • A.M. No. P-03-1696 April 30, 2003 - CIVIL SERVICE COMMISSION v. ZENAIDA T. STA. ANA

  • A.M. RTJ No. 03-1761 April 30, 2003 - JOSE B. CUSTODIO v. JESUS V. QUITAIN

  • A.M. No. RTJ-03-1775 April 30, 2003 - ISAGANI A. CRUZ v. PHILBERT I. ITURRALDE

  • A.M. No. RTJ-03-1779 April 30, 2003 - JOVENCITO R. ZUÑO, ET AL. v. ARNULFO G. CABREDO

  • G.R. Nos. 107789 & 147214 April 30, 2003 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN ET AL.

  • G.R. No. 116326 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT LEE, ET AL.

  • G.R. No. 121211 April 30, 2003 - PEOPLE OF THE PHIL. v. RONETO DEGAMO

  • G.R. No. 121637 April 30, 2003 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 125761 April 30, 2003 - SALVADOR P. MALBAROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 126568 April 30, 2003 - QUIRINO GONZALES LOGGING CONCESSIONAIRE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126911 April 30, 2003 - PHIL. DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127141 April 30, 2003 - SPS. EMMANUEL and MELANIE LANTIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 128378 April 30, 2003 - PEOPLE OF THE PHIL. v. ROBERT GOMEZ, ET AL.

  • G.R. No. 128512 & 128963 April 30, 2003 - DARIO P. BELONGHILOT v. RTC OF ZAMBOANGA DEL NORTE

  • G.R. No. 129090 April 30, 2003 - RICARDO B. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129895 April 30, 2003 - PEOPLE OF THE PHIL. v. ARMANDO C. DALAG

  • G.R. No. 134940 April 30, 2003 - PEOPLE OF THE PHIL. v. CATALINO MELENDRES

  • G.R. No. 138266 April 30, 2003 - PEOPLE OF THE PHIL. v. PEDRO CABRERA, JR.

  • G.R. No. 139876 April 30, 2003 - WILLIAM TIU and/or THE ROUGH RIDERS v. JULIO PASAOL, ET AL.

  • G.R. No. 140753 April 30, 2003 - BENJAMIN S. SANTOS v. ELENA VELARDE, ET AL.

  • G.R. No. 141375 April 30, 2003 - MUNICIPALITY OF KANANGA v. FORTUNITO L. MADRONA, ET AL.

  • G.R. No. 142435 April 30, 2003 - ESTELITA BURGOS LIPAT, ET AL. v. PACIFIC BANKING CORP., ET AL.

  • G.R. No. 142591 April 30, 2003 - JOSEPH CHAN, ET AL. v. BONIFACIO S. MACEDA

  • G.R. Nos. 144445-47 April 30, 2003 - PEOPLE OF THE PHIL. v. GENARO BIONG

  • G.R. No. 146099 April 30, 2003 - PEOPLE OF THE PHIL. v. JIMMEL SANIDAD, ET AL.

  • G.R. No. 146481 April 30, 2003 - ARTURO G. RIMORIN, SR. v. PEOPLE OF THE PHIL.

  • G.R. Nos. 146685-86 April 30, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN M. HILET

  • G.R. Nos. 146862-64 April 30, 2003 - PEOPLE OF THE PHIL. v. GAUDENCIO D. UMBAÑA

  • G.R. No. 146886 April 30, 2003 - DEVORAH E. BARDILLON v. BARANGAY MASILI of Calamba, Laguna

  • G.R. No. 146923 April 30, 2003 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 147033 April 30, 2003 - PEOPLE OF THE PHIL. v. MARIO UMAYAM

  • G.R. Nos. 148394-96 April 30, 2003 - PEOPLE OF THE PHIL. v. ROGER ELIARDA

  • G.R. No. 150179 April 30, 2003 - HEIRS OF WILLIAM SEVILLA, ET AL. v. LEOPOLDO SEVILLA, ET AL.

  • G.R. Nos. 150820-21 April 30, 2003 - SPS. ANTONIO and GENOVEVA BALANON-ANICETE, ET AL. v. PEDRO BALANON

  • G.R. No. 154037 April 30, 2003 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF BENJAMIN VERGARA, ET AL.

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    G.R. No. 146923   April 30, 2003 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 146923. April 30, 2003.]

    BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION and DIAR’S ASSISTANCE LABOR UNION, Respondents.

    D E C I S I O N


    PANGANIBAN, J.:


    When a strict and literal application of the rules on non-forum shopping and verification will result in a patent denial of substantial justice, they may be liberally construed. This guideline is especially true when the petitioner has satisfactorily explained the lapse and fulfilled the requirements in its motion for reconsideration.chanrob1es virtua1 1aw 1ibrary

    The Case


    Before the Court is a Petition for Review 1 under Rule 45 of the Rules of Court, challenging the January 26, 2001 Resolution 2 of the Court of Appeals 3 (CA) in CA-GR SP No. 59858. The Resolution reads as follows:jgc:chanrobles.com.ph

    "Up for consideration is petitioner’s motion for reconsideration of this Court’s resolution of dismissal which was promulgated on August 25, 2000. Taking note of the comment by the Office of the Solicitor General for the public respondent on said motion, the same is hereby denied. The resolution of dismissal stands." 4

    Earlier, in its August 25, 2000 Resolution, 5 the CA 6 "resolved to DISMISS the above-entitled petition on the ground that the verification was signed only by petitioner’s vice-president, sans any board resolution or power of attorney authorizing anybody to sign the same and the certificate on non-forum shopping." 7

    The Facts


    On January 30, 1990, 49 workers filed a Complaint 8 against Bank of the Philippine Islands (BPI) and Diar’s Assistance, Inc. (Diar). Docketed as NLRC Case No. 00-01-00580-90, the Complaint was for the "Regularization of Work Status and Preliminary Injunction with Prayer for Restraining Order." Complainants claimed that they "were working in the respondent BPI performing clerical, messengerial and general utility work as they [had] been assigned in the bank by their agency . . . Diar’s Assistance, Inc." 9

    In a Manifestation and Motion 10 filed on February 23, 1990 during the pendency of the case, the 49 workers prayed for the inclusion of 121 more as complainants after the latter had signified their intention to join the union. Thereafter, the Complaint was amended and the name of the complainant changed to that of the organization, Diar’s Employees Labor Union (BPI Unibank Chapter). 11 The union prayed that the employment status of their members be regularized and that BPI be ordered to absorb them as regular employees.

    In an Order 12 dated July 18, 1991, Labor Arbiter Pablo C. Espiritu Jr. dismissed the Complaint. The dismissal was affirmed by the NLRC 13 and by this Court. 14

    On January 31, 1994, Diar’s Employees Labor Union, through Normando Beguelme (its president) and Jose Laron (a member), filed a new Complaint 15 for the declaration of its members as regular employees of BPI. The Complaint was docketed as NLRC NCR Case No. 00-01-00829-94. After Labor Arbiter Potenciano S. Canizares Jr. dismissed the case for lack of merit, 16 the union appealed to the NLRC. BPI and Diar opposed the appeal and interposed forum shopping as one of their defenses.

    The NLRC (First Division) set aside the labor arbiter’s Decision and declared complainants as regular employees of BPI. 17 On the issue of forum shopping, the NLRC ruled thus:jgc:chanrobles.com.ph

    "A check with the record of this case did not show that the complainants in the first case are the same complainants in this third case. Although the causes of action in the first case and this third case are the same — for the regularization of the members of complainant union — there is no identity of the parties involved. The second case is for injunction and the same is, therefore, not similar to this case." 18

    Diar and BPI moved for a reconsideration. In its March 28, 2000 Order, 19 the NLRC denied both Motions: BPI’s, for being filed beyond the reglementary period; and Diar’s, for lack of merit.

    Thereafter, BPI filed with the appellate court a Petition for Certiorari 20 under Rule 65, assailing the NLRC Decision. As earlier stated, the CA dismissed the recourse on the ground that the verification has been signed only by petitioner’s vice president, without express authority from any board resolution or power of attorney.

    Presently before the CA is a similar Petition (CA-GR SP No. 59093) filed by Diar, BPI’s co-respondent. 21

    Hence this appeal. 22

    Issues


    Petitioner submits the following issues for the resolution of this Court:jgc:chanrobles.com.ph

    "1. Whether or not BPI has a clearly meritorious case so as to warrant the review and the declaration as null and void by this Honorable Court of the resolution of the Court of Appeals dismissing BPI’s petition for certiorari on a mere technicality and notwithstanding substantial compliance thereon by BPI in its motion for reconsideration.

    "2. Whether or not this Honorable Court’s Resolution in G.R. No. 129067 which disposed of NLRC NCR Case No. 00-01-00580-90 (FIRST REGULARIZATION CASE) constitutes a bar by former judgment to NLRC-NCR Case No. 00-01-00829-94 (SECOND REGULARIZATION CASE) and whether or not the filing of the SECOND REGULARIZATION CASE violates the prohibition on forum-shopping." 23

    In simpler terms, the issues are as follows (1) whether BPI’s Petition before the CA should have been given due course; and (2) whether the second regularization case is barred by res judicata.chanrob1es virtua1 1aw 1ibrary

    The Court’s Ruling


    The Petition has merit.

    First Issue:chanrob1es virtual 1aw library

    Dismissal of the Appeal on Technicality

    Petitioner pleads for a liberal construction of the rules on verification and forum shopping. On the other hand, respondents insist on a strict application of these rules.

    The rules on verification and forum shopping are laid out in Sections 4 and 5 of Rule 7 of the Rules of Court, which we quote:jgc:chanrobles.com.ph

    "SEC. 4. Verification. — Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit.

    "A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records.

    "A pleading required to be verified which contains a verification based on ‘information and belief’ or upon ‘knowledge, information, and belief,’ or lacks a proper verification, shall be treated as an unsigned pleading. (As amended, A.M. No. 00-2-10, May 1, 2000.)

    "SEC. 5. 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.

    "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."cralaw virtua1aw library

    It cannot be denied that the BPI Petition before the CA was dismissed, because the verification and the certificate of non-forum shopping had been signed by the vice president of the bank without any board resolution or power of attorney empowering him to do so.

    On the other hand, petitioner contends that it did authorize the vice president to act as its representative, as shown in its Motion for Reconsideration. However, respondent union argues that his action was ratified by the Executive Committee of BPI only on September 6, 2000. Thus, the "belated authority" was given 11 days after the 60-day reglementary period for filing a Petition for Certiorari.

    After carefully considering the arguments of both parties, we hold that a liberal construction of the rules on verification and forum shopping are in order.

    "Verification is simply intended to secure an assurance that the allegations in the pleading are true and correct and not the product of the imagination or a matter of speculation, and that the pleading is filed in good faith." 24 Meanwhile, the purpose of the aforesaid certification is to prohibit and penalize the evils of forum shopping. 25 We see no circumvention of these objectives by the vice president’s signing the verification and certification without express authorization from any existing board resolution.

    As explained in BPI’s Motion for Reconsideration, he was actually authorized to sign the verification and the certification, 26 as shown by the written confirmation attached to the Motion. Furthermore, he is presumed to know the requirements for validly signing those documents.

    "Rules of procedure are used to help secure and not override substantial justice. Even the Rules of Court mandates a liberal construction in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. Since rules of procedure are mere tools designed to facilitate the attainment of justice, their strict and rigid application which would result in technicalities that tend to frustrate rather than promote substantial justice must always be avoided. Thus, the dismissal of an appeal on purely, technical ground is frowned upon especially if it will result to unfairness." 27

    We shall not rule on the merits but, in the interest of fair play and the orderly administration of justice, we find that the reinstatement of the Petition and its consolidation with Diar’s CA appeal is warranted. BPI is an indispensable party to the controversy, considering that its inclusion is necessary for the effective and complete resolution of the case.

    The fact that respondent union commenced the case against BPI and Diar in a single Complaint is an indication of the indispensability of both parties to the action. The Rules state that" [p]arties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants." 28

    In BA Finance Corporation v. CA, 29 the Court explained:jgc:chanrobles.com.ph

    ". . . . An indispensable party is one whose interest will be affected by the court’s action in the litigation, and without whom no final determination of the case can be had. The party’s interest in the subject matter of the suit and in the relief sought are so inextricably intertwined with the other parties’ that his legal presence as a party to the proceeding is an absolute necessity. In his absence there cannot be a resolution of the dispute of the parties before the court which is effective, complete, or equitable.

    "Conversely, a party is not indispensable to the suit if his interest in the controversy or subject matter is distinct and divisible from the interest of the other parties and will not necessarily be prejudiced by a judgment which does complete justice to the parties in court. He is not indispensable if his presence would merely permit complete relief between him and those already parties to the action or will simply avoid multiple litigation.

    "Without the presence of indispensable parties to a suit or proceeding, judgment of a court cannot attain real finality." 30

    In all stages of an action — including those involved in motions for reconsideration, petitions for certiorari and appeals — the rule on joinder of indispensable parties must be extended, as long as such extension is practicable and the reason for it, as explained above, subsists.

    The ultimate issue brought up for review in the instant case is: who is the employer of the members of respondent labor union — BPI, Diar or both? Moreover, a review of the facts of the case reveals that (1) there is a service contract between BPI and Diar; (2) Diar pays the salaries of the members of respondent union; and (3) the members of respondent union perform their tasks in the premises of BPI.

    These facts reveal close factual and legal relationships among respondent union, BPI and Diar — relationships that are so inextricably intertwined that the issues raised in the Complaint cannot be finally determined without considering the rights of all three parties. Thus, it is essential that when the case is brought up for review to determine the real employer of the members of respondent labor union, all these parties must be heard.

    Second Issue:chanrob1es virtual 1aw library

    Res Judicata

    Unquestionably, any ruling on the issue of res judicata would affect the final determination on the merits of the Complaint. This determination will, in turn, affect Diar, which is not impleaded as a party in the present appeal.

    Hence, it would not be proper for this Court to resolve the issue of res judicata without Diar as a party before it, in view of the pendency of CA-GR SP No. 59093 31 — a similar petition for the review of the same NLRC Decision, the subject of the case at bar.

    A consolidation is thus warranted, based on the foregoing circumstances: BPI and Diar are indispensable parties, who have filed separate but similar petitions to review the same NLRC Decision.

    WHEREFORE, the Petition is hereby GRANTED, and the assailed Resolutions REVERSED and SET ASIDE. The case is REMANDED to the Court of Appeals, which is DIRECTED to consolidate BPI’s case (CA-GR SP No. 59858) with Diar’s (CA-GR SP No. 59093). No costs.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Puno, Sandoval-Gutierrez, Corona and Carpio-Morales, JJ., concur.

    Endnotes:



    1. Rollo, pp. 3–18.

    2. Id., p. 25.

    3. Sixth Division. Penned by Justice Ramon Mabutas Jr. (Division chairman) and concurred in by Justices Roberto A. Barrios and Edgardo P. Cruz (members).

    4. Rollo, p. 25. Citations omitted.

    5. Annex "G" of the Petition; rollo, p. 93.

    6. Special Eighth Division. Penned by Justice Ramon Mabutas Jr. (Division chairman) and concurred in by Justices Martin S. Villarama Jr. and Jose L. Sabio Jr. (members).

    7. Ibid.

    8. Annex "H" of the Petition; rollo, p. 94.

    9. Complaint, p. 2; id., p. 95.

    10. Annex "I" of the Petition; id., pp. 101–102.

    11. See Amended Complaint; id., pp. 106–107.

    12. Annex "M" of the Petition; id., pp. 108–116.

    13. In a Decision dated June 27, 1996; Annex "Q" of the Petition; id., pp. 128–139.

    14. In a resolution dated June 17, 1998 in GR No. 129067; Annex "W" of the Petition; id., pp. 185–189.

    15. Annex "Y" of the Petition; id., p. 191.

    16. See March 13, 1997 Decision; Annex "Z" of the Petition; id., pp. 192–198.

    17. See November 26, 1997 Decision; Annex "AA" of the Petition; id., pp. 199–220.

    18. Id., pp. 19 & 217.

    19. Annex "E" of the Petition; id., pp. 65–70.

    20. Id., pp. 80–90.

    21. See Motion for Early Resolution dated October 28, 2002.

    22. This case was deemed submitted for resolution on August 28, 2001, upon receipt by the Court of respondents’ Memorandum signed by Atty. Carlo A. Domingo. Petitioner’s Memorandum, signed by Atty. Justino M. Marquez III of Benedicto Verzosa Gealogo Burkley & Associates, was received earlier on August 9, 2001.

    23. Petitioner’s Memorandum, p. 12; rollo, p. 272.

    24. Shipside Incorporated v. Court of Appeals, 352 SCRA 334, 346, February 20, 2001, per Melo, J.

    25. BA Savings Bank v. Sia, 336 SCRA 484, July 27, 2000.

    26. CA rollo, p. 135.

    27. Ace Navigation Co., Inc. v. Court of Appeals, 338 SCRA 70, 76, August 15, 2000, per Puno, J.

    28. Section 7 of Rule 3 of the Rules of Court.

    29. 258 SCRA 102, July 5, 1996, per Vitug, J., citing Imson v. Court of Appeals, 239 SCRA 58, December 8, 1994, per Puno, J.

    30. Ibid.

    31. This was brought to our attention by respondent labor union in its Motion for Early Resolution dated October 28, 2002.

    G.R. No. 146923   April 30, 2003 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.


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