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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
 

 
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August-2003 Jurisprudence                 

  • A.M. No. P-02-1651 August 4, 2003 - ALEJANDRO ESTRADA v. SOLEDAD S. ESCRITOR

  • G.R. No. 138924 August 5, 2003 - PEOPLE OF THE PHIL. v. CRISANTO D. MANAHAN

  • G.R. No. 139767 August 5, 2003 - FELIPE SY DUNGOG v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140868-69 August 5, 2003 - PEOPLE OF THE PHIL. v. NAZARIO B. BUATES

  • G.R. No. 142691 August 5, 2003 - HEIRS OF AMADO CELESTIAL v. HEIRS OF EDITHA G. CELESTIAL

  • G.R. No. 144317 August 5, 2003 - PEOPLE OF THE PHIL. v. MICHAEL A. MONTE

  • G.R. No. 148848 August 5, 2003 - JACINTO RETUYA, ET. AL. v. SALIC B. DUMARPA, ET AL.

  • G.R. No. 152611 August 5, 2003 - LAND BANK OF THE PHIL. v. SEVERINO LISTANA, SR.

  • G.R. No. 152845 August 5, 2003 - DRIANITA BAGAOISAN, ET AL. v. NATIONAL TOBACCO ADMINISTRATION

  • A.M. No. MTJ-03-1502 August 6, 2003 - ANASTACIO E. GAUDENCIO v. EDWARD D. PACIS

  • A.M. No. P-03-1675 August 6, 2003 - ELENA F. PACE v. RENO M. LEONARDO

  • A.M. No. RTJ-00-1545 August 6, 2003 - ANTONIO J. FINEZA v. BAYANI S. RIVERA

  • G.R. No. 133926 August 6, 2003 - PEOPLE OF THE PHIL. v. RUBEN H. DALISAY

  • G.R. Nos. 137256-58 August 6, 2003 - PEOPLE OF THE PHIL. v. RUFINO V. ERNAS

  • G.R. No. 142740 August 6, 2003 - PEOPLE OF THE PHIL. v. ROBERTO A. TAMPOS

  • G.R. No. 142843 August 6, 2003 - OCTAVIO ALVAREZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144428 August 6, 2003 - PEOPLE OF THE PHIL. v. JUAN M. ROSARIO

  • G.R. No. 144595 August 6, 2003 - PEOPLE OF THE PHIL. v. DANTE ILAGAN

  • G.R. Nos. 145383-84 August 6, 2003 - RUDY M. VILLAREÑA v. COMMISSION ON AUDIT

  • A.M. No. P-02-1627 August 7, 2003 - CARIDAD RACCA, ET AL. v. MARIO C. BACULI, ET AL.

  • G.R. No. 127210 August 7, 2003 - ALVIN TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 138956 August 7, 2003 - LOADSTAR SHIPPING CO., ET AL. v. ROMEO MESANO

  • G.R. No. 146341 August 7, 2003 - AQUILA LARENA v. FRUCTUOSA MAPILI, ET AL.

  • G.R. No. 146382 August 7, 2003 - SYSTEMS PLUS COMPUTER COLLEGE OF CALOOCAN CITY v. LOCAL GOVERNMENT OF CALOOCAN CITY

  • G.R. No. 148557 August 7, 2003 - FELICITO ABARQUEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 149075 August 7, 2003 - PEOPLE OF THE PHIL. v. RODRIGO P. BALLENO

  • G.R. No. 151833 August 7, 2003 - ANTONIO M. SERRANO v. GALANT MARITIME SERVICES

  • G.R. No. 153087 August 7, 2003 - BERNARD R. NALA v. JESUS M. BARROSO

  • G.R. No. 154183 August 7, 2003 - SPS. VICKY TAN TOH and LUIS TOH v. SOLID BANK CORP., ET AL.

  • G.R. No. 134241 August 11, 2003 - DAVID REYES v. JOSE LIM, ET AL.

  • G.R. No. 139177 August 11, 2003 - PEOPLE OF THE PHIL. v. ALVIN VILLANUEVA

  • A.M. No. 00-3-48-MeTC August 12, 2003 - REPORT ON THE JUDICIAL AUDIT AND PHYSICAL INVENTORY OF CASES IN THE MTC OF MANILA, BR. 2

  • A.M. No. MTJ-02-1388 August 12, 2003 - FELISA TABORITE, ET AL. v. MANUEL S. SOLLESTA, ET AL.

  • A.M. No. P-02-1588 August 12, 2003 - RUBY M. GONZALES v. ALMA G. MARTILLANA

  • G.R. No. 120474 August 12, 2003 - ANICETO W. NAGUIT, JR. v. NLRC, ET AL.

  • G.R. Nos. 133796-97 August 12, 2003 - PEOPLE OF THE PHIL. v. BERNANDINO M. ALAJAY

  • G.R. No. 133858 August 12, 2003 - PEOPLE OF THE PHIL. v. HERMINIANO SATORRE

  • G.R. No. 133892 August 12, 2003 - PEOPLE OF THE PHIL. v. JOVITO B. LLAVORE, ET AL.

  • G.R. No. 137792 August 12, 2003 - SPS RICARDO ROSALES, ET AL. v. SPS ALFONSO and LOURDES SUBA, ET AL.

  • G.R. No. 145951 August 12, 2003 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 151908 & 152063 August 12, 2003 - SMART COMMUNICATIONS, INC. v. NATIONAL TELECOMMUNICATIONS COMMISSION

  • G.R. No. 152807 August 12, 2003 - HEIRS OF LOURDES SAEZ SABANPAN, ET AL. v. ALBERTO C. COMORPOSA, ET AL.

  • A.C. No. 4650 August 14, 2003 - ROSALINA BIASCAN v. MARCIAL F. LOPEZ

  • A.M. No. 00-6-09-SC August 14, 2003 - RE: IMPOSITION OF CORRESPONDING PENALTIES FOR HABITUAL TARDINESS, ETC.

  • A.M. No. RTJ-01-1631 August 14, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. JAIME F. BAUTISTA

  • G.R. No. 126627 August 14, 2003 - SMITH KLINE BECKMAN CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140023 August 14, 2003 - RUDY LAO v. STANDARD INSURANCE CO.

  • G.R. Nos. 140034-35 August 14, 2003 - PEOPLE OF THE PHIL. v. RODOLFO B. ZABALA

  • G.R. No. 144402 August 14, 2003 - PEOPLE OF THE PHIL. v. ROMEO ECLERA, SR.

  • G.R. No. 156039 August 14, 2003 - KARINA CONSTANTINO-DAVID, ET AL. v. ZENAIDA D. PANGANDAMAN-GANIA

  • A.M. No. MTJ-02-1401 August 15, 2003 - ARSENIA LARIOSA v. CONRADO B. BANDALA, ET AL.

  • G.R. No. 115925 August 15, 2003 - SPS. RICARDO PASCUAL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127128 August 15, 2003 - PEOPLE OF THE PHIL. v. ROEL C. MENDIGURIN

  • G.R. No. 133841 August 15, 2003 - CAROLINA P. RAMIREZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 135697-98 August 15, 2003 - PEOPLE OF THE PHIL. v. PEDRITO C. ANDRES, ET AL.

  • G.R. Nos. 137520-22 August 15, 2003 - PEOPLE OF THE PHIL. v. ALFREDO BAROY, ET AL.

  • G.R. No. 138074 August 15, 2003 - CELY YANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 138862 August 15, 2003 - MANUEL CAMACHO v. RICARDO GLORIA, ET AL.

  • G.R. No. 139895 August 15, 2003 - CIPRIANO M. LAZARO v. RURAL BANK OF FRANCISCO BALAGTAS (BULACAN), INC., ET AL.

  • G.R. No. 143258 August 15, 2003 - PHILIPPINE AIRLINES v. JOSELITO PASCUA, ET AL.

  • G.R. No. 144618 August 15, 2003 - JORGE CHIN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 147662-63 August 15, 2003 - PEOPLE OF THE PHIL. v. FREDDIE FONTANILLA

  • G.R. No. 148222 August 15, 2003 - PEARL & DEAN (PHIL.) v. SHOEMART, ET AL.

  • G.R. No. 151941 August 15, 2003 - CHAILEASE FINANCE CORP. v. SPS. ROMEO and MARIAFE MA

  • G.R. Nos. 153714-20 August 15, 2003 - PEOPLE OF THE PHIL. v. MARIO K. ESPINOSA

  • G.R. No. 154448 August 15, 2003 - PEDRITO F. REYES v. COURT OF APPEALS, ET AL.

  • G.R. No. 154920 August 15, 2003 - RODNEY HEGERTY v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-03-1744 August 18, 2003 - ROBERT M. VISBAL v. ROGELIO C. SESCON

  • A.C. No. 5299 August 19, 2003 - ISMAEL G. KHAN v. RIZALINO T. SIMBILLO

  • G.R. No. 138945 August 19, 2003 - FELIX GOCHAN AND SONS REALTY CORP., ET AL. v. HEIRS OF RAYMUNDO BABA, ET AL.

  • G.R. No. 144331 August 19, 2003 - PEOPLE OF THE PHIL. v. CRISTITO LATASA

  • G.R. No. 145930 August 19, 2003 - C-E CONSTRUCTION CORP. v. NLRC, ET AL.

  • G.R. No. 147246 August 19, 2003 - ASIA LIGHTERAGE AND SHIPPING, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 148877 August 19, 2003 - PEOPLE OF THE PHIL. v. ANGELITO B. BAGSIT

  • G.R. No. 149724 August 19, 2003 - DENR v. DENR REGION 12 EMPLOYEES

  • G.R. No. 150060 August 19, 2003 - PRIMARY STRUCTURES CORP. v. SPS. ANTHONY and SUSAN T. VALENCIA

  • A.M. No. MTJ-02-1437 August 20, 2003 - JAIME E. CONTRERAS v. EDDIE P. MONSERATE

  • A.M. No. MTJ-03-1473 August 20, 2003 - MYRA M. ALINTANA DE PACETE v. JOSEFINO A. GARILLO

  • A.M. No. RTJ-03-1745 August 20, 2003 - UNITRUST DEVELOPMENT BANK v. JOSE F. CAOIBES, JR., ET AL.

  • G.R. No. 125799 August 21, 2003 - DANILO CANSINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 148864 August 21, 2003 - SPS EDUARDO and EPIFANIA EVANGELISTA v. MERCATOR FINANCE CORP., ET AL.

  • G.R. No. 149495 August 21, 2003 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 150590 August 21, 2003 - PEOPLE OF THE PHIL. v. WILLIE A. ALMEDILLA

  • A.M. No. P-03-1673 August 25, 2003 - LOUIE TRINIDAD v. SOTERO S. PACLIBAR

  • G.R. No. 114172 August 25, 2003 - JUANITA P. PINEDA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129368 August 25, 2003 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 129961-62 August 25, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO CAABAY, ET AL.

  • G.R. No. 137326 August 25, 2003 - ROSARIO TEXTILE MILLS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138334 August 25, 2003 - ESTELA L. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 142856-57 August 25, 2003 - PEOPLE OF THE PHIL. v. ROBERTO NEGOSA

  • G.R. No. 151026 August 25, 2003 - SOLIDBANK CORP. v. CA, ET. AL.

  • G.R. No. 152221 August 25, 2003 - PEOPLE OF THE PHIL v. JACINTO B. ALVAREZ, JR.

  • A.M. No. 01-4-133-MTC August 26, 2003 - RE: ELSIE C. REMOROZA

  • A.M. No. MTJ-03-1492 August 26, 2003 - DOMINGO B. MANAOIS v. LAVEZARES C. LEOMO

  • A.M. No. MTJ-03-1504 August 26, 2003 - FELICITAS M. HIMALIN v. ISAURO M. BALDERIAN

  • G.R. Nos. 146097-98 August 26, 2003 - PEOPLE OF THE PHIL. v. JUAN CARIÑAGA

  • A.C. No. 5474 August 28, 2003 - REDENTOR S. JARDIN v. DEOGRACIAS VILLAR

  • A.C. No. 5535 August 28, 2003 - SPS. STEVEN and NORA WHITSON v. JUANITO C. ATIENZA

  • A.M. No. MTJ-03-1506 August 28, 2003 - PABLO B. MABINI v. LORINDA B. TOLEDO-MUPAS

  • A.M. No. P-01-1507 August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. ROLANDO SAA

  • A.M. No. P-02-1579 August 28, 2003 - LETICIA L. NICOLAS v. PRISCO L. RICAFORT

  • A.M. No. P-02-1631 August 28, 2003 - RENATO C. BALIBAG v. HERMITO C. MONICA

  • A.M. No. P-02-1659 August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. LIZA MARIA E. SIRIOS

  • A.M. No. P-03-1710 August 28, 2003 - EDGARDO ANGELES v. BALTAZAR P. EDUARTE

  • A.M. No. RTJ-02-1676 August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. GUILLERMO R. ANDAYA

  • A.M. No. RTJ-03-1786 August 28, 2003 - ALFREDO Y. CHU v. CAMILO E. TAMIN

  • G.R. No. 134604 August 28, 2003 - PEOPLE OF THE PHIL. v. ERNESTO HUGO, ET AL.

  • G.R. No. 138295 August 28, 2003 - PILIPINO TELEPHONE CORP. v. NTC, ET AL.

  • G.R. No. 143826 August 28, 2003 - IGNACIA AGUILAR-REYES v. SPS. CIPRIANO and FLORENTINA MIJARES

  • G.R. No. 146501 August 28, 2003 - FLORDELIZA RIVERA v. GREGORIA SANTIAGO, ET AL.

  • G.R. No. 149810 August 28, 2003 - PEOPLE OF THE PHIL. v. CRISPIN T. RUALES

  • G.R. No. 154049 August 28, 2003 - RAMON P. JACINTO, ET AL. v. FIRST WOMEN’S CREDIT CORP.

  • G.R. No. 133733 August 29, 2003 - PEOPLE OF THE PHIL. v. MAXIMO AQUINDE, ET AL.

  • G.R. No. 136299 August 29, 2003 - PEOPLE OF THE PHIL. v. ZOILO MAGALLANES

  • G.R. No. 137010 August 29, 2003 - ARK TRAVEL EXPRESS v. Presiding Judge of the Regional Trial Court of Makati, ET AL.

  • G.R. No. 142383 August 29, 2003 - ASIAN TRANSMISSION CORP. v. CANLUBANG SUGAR ESTATES

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    A.M. No. P-01-1507   August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. ROLANDO SAA

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. No. P-01-1507. August 28, 2003.]

    OFFICE OF THE COURT ADMINISTRATOR, Petitioner, v. ROLANDO SAA, Respondents.

    R E S O L U T I O N


    AZCUNA, J.:


    The matter before this Court involves the charge of falsification by respondent Rolando Saa of his Daily Time Record (DTR) for the month of June 1997.chanrob1es virtua1 1aw 1ibrary

    The antecedent facts are as follows:chanrob1es virtual 1aw library

    Respondent Rolando Saa, a Clerk of Court for the Municipal Circuit Trial Court of Camarines Norte (MCTC), is the complainant in A.M. No. 97-336-P which was filed against Rosalyn D. Mislos-Loja, Sandra S. Cimafranca, and Dennis C. Cruz. Respondent Saa accused these employees of dishonesty, neglect of duty, misconduct, inefficiency and incompetence in the performance of their official duties relative to Civil Case No. 12810, entitled "Gravel Arts Services, Inc., and Affiliated Publications, Inc., v. Rolando Saa" pending before the Metropolitan Trial Court of Quezon City (MeTC), Branch 42. Mislos-Loja is the Clerk of Court of Branch 218 of the Regional Trial Court of Quezon City, but was then with Branch 42 of the MeTC as the OIC of the Office of the Branch Clerk of Court. The other two respondents therein, Cimafranca and Cruz, are working in Branch 42 of the MeTC as Court Interpreter and Process Server, respectively.

    Respondent Saa alleged in his complaint that, being a defendant in the above-entitled case, he traveled all the way from Camarines Norte to Quezon City to attend the hearings before the MeTC scheduled on June 5, 1997 and June 6, 1997, only to find out that the presiding judge was abroad. Upon inquiry on why he received no notice of postponement, he was told by a certain employee of said court that a copy of the notice was sent to him the week before. When respondent Saa returned to Camarines Norte two days later, he received the notice which was apparently signed by Mislos-Loja on May 16, 1997. However, he examined the envelope and found out that the same was only registered in the Office of the Court on June 7, 1997 and was received by the New Quezon City Post Office on June 9, 1997, or four days after respondent Saa went to the court and was told that the notice had been sent to him. Appalled by this development, respondent Saa filed an administrative case against the above named court employees whom he deemed were accountable for the belated mailing.

    Mislos-Loja, Cimafranca and Cruz filed their comments on the complaint. Respondent Saa’s complaint was subsequently referred to the Office of the Court Administrator (OCA) for evaluation, report and recommendation.

    The OCA, in its memorandum dated July 17, 2000, recommended the dismissal of the charges against Mislos-Loja, Cimafranca and Cruz. It found that after Mislos-Lojas signed the Notice of Cancellation on May 16, 1997, it was directly given to Utility Worker Alelei J. Dispo for mailing. However, Dispo failed to mail it immediately and was able to do so only on June 3, 1997. Cimafranca, on the other hand, had nothing to do with the mailing of the notices, while Cruz was not yet appointed as process server at the time the notice was sent. Thus, the OCA determined that the late mailing was, solely the fault of Dispo.

    The memorandum of the OCA, however, did not end there. During the course of its investigation, it was discovered that while respondent Saa claimed to have been in Quezon City to attend the hearings of his case on June 5, 1997 and June 6, 1997, his Daily Time Record (DTI) for June 1997 showed him to have been present in the MCTC of Camarines Norte. Thus, it would seem that respondent Saa had falsified his DTR to make it appear that he had reported for work on those days when, from the account in his own complaint, he did not.

    On the basis of the OCA memorandum, the Court issued a resolution on September 4, 2000, under which it acted to:chanrob1es virtual 1aw library

    (a) DISMISS the charges against Clerk of Court V Rosalyn D. Mislos-Loja, Interpreter Sandra S. Cimafranca and Process Server Dennis C. Cruz for lack of merit;

    (b) ADMONISH respondent Alelei J. Dispo for being negligent in the performance of her duties with a stern warning that a repetition of similar acts shall be dealt with more severely; and

    (c) REQUIRE complainant Rolando B. Saa, Clerk of Court II, MCTC, Capalonga-Sta. Elena, Camarines Norte, to explain within ten (10) days from notice hereof why no administrative and criminal charges should be filed against him for falsifying his daily time record for the month of June 1997.." . . 1

    Respondent Saa submitted his explanation dated September 27, 2000, stating that he had inadvertently placed in his DTR as his vacation leave June 25, 1997 when it should have been June 5, 1997, the actual date when he went on leave, and attributed his honest mistake to, among others, lapses in memory, volume of work and age. He therefore pleaded for understanding from this Court. The Court referred the matter to the OCA for evaluation, report and recommendation.chanrobles.com : law library

    The OCA did not give credence to respondent Saa’s explanation. Said the OCA in its memorandum dated December 21, 2000:chanrob1es virtual 1aw library

    . . . Assuming arguendo that there was inadvertence on his part when he declared that his vacation leave was on June 25, 1997 instead of June 5, 1997, complainant [Saa] should however be reminded that he was absent not for one (1) day but for two (2) consecutive days when he appeared before the MeTC, Branch 42, Quezon City for his scheduled hearings on June 5 and 6, 1997. That he was absent for two (2) consecutive days was even confirmed by complainant himself in his administrative complaint (Rollo, p. 2, Paragraph No. 9) against the respondents. Thus if there was really inadvertence on his part then he should have at least indicated June 25 and 26, 1997 (for June 5 and 6, 1997) as part of his leave of absences for the month of June 1997, but he did not.

    The OCA thus recommended that respondent Saa be found guilty of dishonesty and gross misconduct and fined in the amount of P5,000.

    After a careful study, the Court upholds the findings of the OCA as to the guilt of respondent Saa and the recommendation that he should be sanctioned accordingly. The explanation of respondent Saa is indeed unsatisfactory, for while it tries to account for the anomaly regarding his June 5, 1997 entry, it does not explain his June 6, 1997 entry. Respondent Saa’s claim that it was an honest mistake due perhaps to lapses in memory, volume of work and age, does not exonerate him from liability but may only, at most, mitigate it.

    Respondent Saa holds the position of a Clerk of Court which is an essential and ranking position of our judicial system. 2 Clerks of Court are required to be persons of competence, honesty and probity since they are specifically imbued with the mandate of safeguarding the integrity of the court and its proceedings, to earn and preserve respect therefor, to maintain loyalty thereto and to the judge as a superior officer, to maintain the authenticity and correctness of court records and to uphold the confidence of the public in the administration of justice. 3 This Court condemns any conduct, act or omission on the part of those involved in the administration of justice which would violate the norms of public accountability and diminish or even just tend to diminish the faith of the people in the Judiciary. 4

    WHEREFORE, in view of all the foregoing, respondent Saa is hereby FINED Five Thousand (5,000.00) Pesos and STERNLY WARNED that the commission of a similar offense will be dealt with more severely.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr ., C.J., Vitug, Ynares-Santiago and Carpio, JJ., concur.

    Endnotes:



    1. Rollo, p. 66.

    2. Juntilla v. Calleja, 262 SCRA 291 (1996).

    3. Marasigan v. Buena, 284 SCRA 1 (1998).

    4. Mendoza v. Mabutas, 223 SCRA 411 (1993).

    A.M. No. P-01-1507   August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. ROLANDO SAA


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