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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
 

   
December-2003 Jurisprudence                 

  • A.M. No. MTJ-03-1487 December 1, 2003 - SANGGUNIANG BAYAN OF GUINDULMAN v. MANUEL A. DE CASTRO

  • G.R. No. 147677 December 1, 2003 - PEOPLE OF THE PHIL. v. ROGELIO PIJO MILADO

  • G.R. Nos. 151111-12 December 1, 2003 - PEOPLE OF THE PHIL. v. ERNESTO M. ESCALANTE

  • G.R. No. 151981 December 1, 2003 - DIAMOND MOTORS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 153219 December 1, 2003 - PEOPLE OF THE PHIL. v. EDGAR P. MOLLEDA

  • G.R. No. 157860 December 1, 2003 - GSIS v. PROVINCE OF TARLAC

  • G.R. No. 149889 December 2, 2003 - PEOPLE OF THE PHIL. v. RUEL BACONGUIS

  • A.C. No. 5718 December 4, 2003 - EDUARDO T. ABAY v. RAUL T. MONTESINO

  • G.R. No. 125560 December 4, 2003 - ELIZA FRANCISCO BAGGENSTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 148228 December 4, 2003 - PEOPLE OF THE PHIL. v. PAMPING PAINGIN, ET AL.

  • A.M. No. 01-2-18-MTC December 5, 2003 - REPORT ON THE FINANCIAL AUDIT CONDUCTED AT THE MTC OF BANI, ALAMINOS AND LINGAYEN, IN PANGASINAN

  • G.R. No. 130876 December 5, 2003 - FRANCISCO ALONSO v. CEBU COUNTRY CLUB

  • A.C. No. 4219 December 8, 2003 - LOTHAR SCHULZ v. MARCELO G. FLORES

  • A.M. No. MTJ-99-1233 December 8, 2003 - ROSARIO D. ADRIANO v. FRANCISCO D. VILLANUEVA

  • A.M. No. RTJ-01-1638 December 8, 2003 - MANUEL T. MOLINA v. BENEDICTO A. PAZ, ET AL.

  • A.M. No. RTJ-02-1712 December 8, 2003 - ARMANDO M. MENDOZA v. ELIODORO G. UBIADAS

  • G.R. No. 127473 December 8, 2003 - PHIL AIRLINES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129638 December 8, 2003 - ANTONIO T. DONATO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136960 December 8, 2003 - IRON BULK SHIPPING PHIL., CO., LTD. v. REMINGTON INDUSTRIAL SALES CORP.

  • G.R. No. 144823 December 8, 2003 - GRACIANO P. DELA CHICA, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 149250 December 8, 2003 - LEON AND LOLITA ESTACIO v. ERNESTO JARANILLA

  • G.R. No. 149465 December 8, 2003 - DARIA GONZALES VDA. DE TOLEDO v. ANTONIO TOLEDO, ET AL.

  • G.R. No. 150903 December 8, 2003 - VICENTE JOSEFA v. ZHANDONG TRADING CORP.

  • G.R. No. 154017 December 8, 2003 - DESAMPARADOS M. SOLIVA v. INTESTATE ESTATE of MARCELO M. VILLALBA, ET AL.

  • G.R. No. 154127 December 8, 2003 - ROMEO C. GARCIA v. DIONISIO V. LLAMAS

  • G.R. No. 154377 December 8, 2003 - LAND CAR, INC. v. BACHELOR EXPRESS, INC., ET AL.

  • G.R. No. 157118 December 8, 2003 - ILOILO CITY ZONING BOARD OF ADJUSTMENT AND APPEALS, ET AL. v. GEGATO-ABECIA FUNERAL HOMES, INC., ET AL.

  • A.M. No. MTJ-02-1418 December 10, 2003 - CARMENCITA D. CACATIAN v. RICARDO P. LIWANAG

  • A.M. No. P-03-1757 December 10, 2003 - GRIO LENDING SERVICES v. SALVACION SERMONIA

  • A.M. No. P-03-1758 December 10, 2003 - JOSEFA C. CHUPUNGCO v. BENJAMIN L. CABUSAO

  • G.R. No. 121997 December 10, 2003 - PEOPLE OF THE PHIL. v. ANDRES MASAPOL

  • G.R. No. 123917 December 10, 2003 - PEOPLE OF THE PHIL. v. ZOSIMO MIRANDA

  • G.R. No. 124058 December 10, 2003 - PEOPLE OF THE PHIL. v. JESUS G. RETUBADO

  • G.R. No. 131794 December 10, 2003 - RUBEN AUGUSTO, ET AL. v. TEODORO K. RISOS, ET AL.

  • G.R. No. 133883 December 10, 2003 - SPS. ARTURO AND NICETA SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140618 December 10, 2003 - PEOPLE OF THE PHIL. v. BERNARDO SARA

  • G.R. No. 140772 December 10, 2003 - PEOPLE OF THE PHIL. v. JOEL PEREZ

  • G.R. No. 141140 December 10, 2003 - PEOPLE OF THE PHIL. v. CRISPIN PAYOPAY

  • G.R. No. 142305 December 10, 2003 - SINGAPORE AIRLINES LIMITED v. ANDION FERNANDEZ

  • G.R. No. 144697 December 10, 2003 - RODOLFO ALARILLA, SR., ET AL. v. REYNALDO C. OCAMPO

  • G.R. No. 145217 December 10, 2003 - PEPITO SIBUYO v. PEOPLE OF THE PHIL.

  • G.R. Nos. 147387 & 152161 December 10, 2003 - RODOLFO C. FARIÑAS, ET AL. v. EXECUTIVE SECRETARY, COMELEC, ET AL.

  • G.R. Nos. 148575-76 & 152882-83 December 10, 2003 - ABDUSAKUR M. TAN, ET AL. v. COMELEC, ET AL.

  • G.R. Nos. 149164-73 December 10, 2003 - COMELEC v. DOLORES L. ESPAÑOL

  • G.R. Nos. 154442-47 December 10, 2003 - SALIPONGAN L. DAGLOC v. COMELEC, ET AL.

  • G.R. No. 154829 December 10, 2003 - ARSENIO A. LATASA v. COMELEC, ET AL.

  • G.R. No. 156228 December 10, 2003 - MA. TERESA VIDAL, ET AL. v. MA. TERESA O. ESCUETA

  • G.R. Nos. 159418-19 December 10, 2003 - NORMA DE JOYA v. JAIL WARDEN OF BATANGAS CITY, ET AL.

  • A.C. No. 5623 December 11, 2003 - LUTHGARDA F. FERNANDEZ v. FIDEL M. CABRERA II

  • A.C. No. 5834 December 11, 2003 - TERESITA D. SANTECO v. LUNA B. AVANCE

  • A.C. No. 5858 December 11, 2003 - ROGELIO R. SANTOS, SR. v. RODOLFO C. BELTRAN

  • A.C. No. 6052 December 11, 2003 - OLIVER OWEN L. GARCIA, ET AL. v. LEONARD DE VERA, ET AL.

  • G.R. No. 123924 December 11, 2003 - HEIRS OF MIGUEL FRANCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 137909 December 11, 2003 - FIDELA DEL CASTILLO Vda. DE MISTICA v. SPS. BERNARDINO and MARIA PAULINA GERONA-NAGUIAT

  • G.R. Nos. 137949-52 December 11, 2003 - PEOPLE OF THE PHIL. v. ESTEBAN DOMACYONG, ET AL.

  • G.R. Nos. 139474-75 December 11, 2003 - PEOPLE OF THE PHIL. v. EDUARDO PABILLARE, ET AL.

  • G.R. Nos. 140411-13 December 11, 2003 - PEOPLE OF THE PHIL. v. AVELINO LATAG

  • G.R. No. 141332 December 11, 2003 - LIGAYA S. NOVICIO v. ALMA AGGABAO

  • G.R. No. 142505 December 11, 2003 - PEOPLE OF THE PHIL. v. EDUARDO FELIPE, ET AL.

  • G.R. No. 143596 December 11, 2003 - TOMAS C. LEYNES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 144053 December 11, 2003 - PEOPLE OF THE PHIL. v. JOSEPH DIZON

  • G.R. No. 145417 December 11, 2003 - FLORENCIO M. DE LA CRUZ v. NLRC, ET AL.

  • G.R. Nos. 145523-24 December 11, 2003 - PEOPLE OF THE PHIL. v. EDUARDO RATA

  • G.R. Nos. 146107-09 December 11, 2003 - PEOPLE OF THE PHIL. v. ROLANDO ALMEIDA

  • G.R. No. 146173 December 11, 2003 - CECILIA YAMBAO v. MELCHORITA C. ZUÑIGA, ET AL.

  • G.R. No. 146188 December 11, 2003 - PEOPLE OF THE PHIL. v. DIONISIO ROTE

  • G.R. No. 147793 December 11, 2003 - BOAZ INTERNATIONAL TRADING CORP., ET AL. v. WOODWARD JAPAN, INC., ET AL.

  • G.R. No. 147950 December 11, 2003 - CALIFORNIA BUS LINES, INC. v. STATE INVESTMENT HOUSE, INC.

  • G.R. Nos. 148424-27 December 11, 2003 - PEOPLE OF THE PHIL. v. DANILO CARAANG

  • G.R. Nos. 148869-74 December 11, 2003 - PEOPLE OF THE PHIL. v. REMARIO PALMA

  • G.R. No. 149227 December 11, 2003 - LA SALETTE COLLEGE, ET AL. v. VICTOR C. PILOTIN

  • G.R. Nos. 152683-84 December 11, 2003 - PEOPLE OF THE PHIL. v. LEONARDO ILAO

  • G.R. No. 153859 December 11, 2003 - FILIPINAS SYSTEMS, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 154715 December 11, 2003 - NEW GOLDEN CITY BUILDERS & DEV’T. CORP, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 155018 December 11, 2003 - PHILADELPHIA AGAN v. HEIRS OF SPS. ANDRES and DIOSDADO NUEVA

  • G.R. No. 156819 December 11, 2003 - ALICIA E. GALA, ET AL. v. ELLICE AGRO-INDUSTRIAL CORP., ET AL.

  • G.R. No. 158371 December 11, 2003 - SONIA R. LORENZO v. COMELEC, ET AL.

  • A.M. No. RTJ-02-1726 December 12, 2003 - LUCAS M. MANAGUELOD v. FERNANDO M. PACLIBON

  • G.R. No. 139791 December 12, 2003 - MANILA BANKERS LIFE INSURANCE CORP. v. EDDY NG KOK WEI

  • A.M. No. 2003-7-SC December 15, 2003 - RE: NOEL V. LUNA

  • G.R. No. 149666 December 19, 2003 - SANGCAD S. BAO v. COMELEC, ET AL.

  • A.M. No. P-03-1760 December 30, 2003 - NOEL G. WABE v. LUISITA P. BIONSON

  • G.R. No. 135270 December 30, 2003 - RAMON ARCILLA, ET AL. v. COURT OF APPEALS, ET AL.

  •  





     
     

    G.R. No. 154377   December 8, 2003 - LAND CAR, INC. v. BACHELOR EXPRESS, INC., ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 154377. December 8, 2003.]

    LAND CAR, INC., Petitioner, v. BACHELOR EXPRESS, INC. AND VALLACAR TRANSIT, INC., Respondents.

    D E C I S I O N


    VITUG, J.:


    On 21 May 1999, petitioner filed with the Regional Office of the Land Transportation Franchising and Regulatory Board (LTFRB), Region XII, a verified application to operate a public utility bus service from Davao City to Cagayan de Oro City via Butuan City.chanrob1es virtua1 1aw 1ibrary

    Respondents, themselves grantees of certificates of public convenience, opposed petitioner’s application alleging that the route applied for was sufficiently being served by them, and that "cutthroat competition" would only result if petitioner’s application were to be favorably acted upon.

    On 29 October 1999, the LTFRB rendered its decision granting petitioner’s application and directing the issuance of the corresponding Certificate of Public Convenience. Respondents’ motion for reconsideration was denied in the board’s resolution of 27 January 2000. Respondents then appealed to the Office of the Secretary of the Department of Transportation and Communication (DOTC). On 05 June 2000, the DOTC Secretary reversed the decision of the LTFRB. This time, it was petitioner’s turn to move for reconsideration of the DOTC Secretary’s resolution. The motion, however, was denied by the DOTC Secretary in his order of 30 August 2000. Respondents thereupon moved for the immediate implementation by the LTFRB of the decision of the DOTC Secretary. On 03 October 2000, the LTFRB granted respondents’ motion and directed petitioner to cease and desist from operating its buses along the contested route.

    On 07 October 2000, petitioner filed a letter-appeal to the Office of the President seeking to set aside the resolution and order, dated 05 June 2000 and 30 August 2000, respectively, of the DOTC Secretary. Petitioner then likewise filed before the Court of Appeals a petition for certiorari, docketed C.A.-G.R. SP No. 61159, questioning the same resolution and order of the DOTC Secretary subject of the letter-appeal addressed to the Office of the President. Upon advice of its new counsel, however, petitioner filed a notice of withdrawal of its petition for certiorari (C.A.-G.R. SP No. 61159) pending with the appellate court. The appellate court did not act upon the notice of withdrawal of the petition (C.A. G.R. SP No. 61159) but, instead, dismissed, in its resolution of 09 November 2000, the petition for failure of compliance with Section 1, Rule 42, of the 1997 Rules of Civil Procedure on non-forum shopping.

    On 20 October 2000, the Office of the President issued a memorandum directing that the execution of the resolution and order of the DOTC Secretary, dated 05 June 2000 and 30 August 2000, respectively, be meanwhile stayed.

    On 15 January 2001, respondents filed with the Court of Appeals a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, docketed C.A.-G.R. SP No. 62619, assailing the Memorandum Order of the Office of the President. Respondents argued that the Office of the President had no jurisdiction to issue the assailed order in the absence of any law providing for an appeal from the DOTC to the Office of the President, adding that petitioner was guilty of forum shopping in addressing a letter-appeal to the Office of the President.

    On 18 June 2001, the Court of Appeals granted respondents’ petition for certiorari basically on the ground that petitioner was guilty of forum shopping. It ordered the dismissal of the appeal filed by petitioner before the Office of the President and reinstated the resolution and order of the DOTC Secretary enjoining petitioner from operating its buses along the contested route.chanrob1es virtua1 1aw 1ibrary

    In the instant appeal, petitioner contends that the appellate court has decided a question in a way not in accord with applicable jurisprudence. There is merit in the petition.

    Forum shopping refers to the act of availing oneself of several judicial remedies in different courts, either simultaneously or successively, substantially founded on the same transaction and identical material facts and circumstances, raising basically like issues either pending in, or already resolved by, some other court. 1 The principle applies not only with respect to suits filed before courts but also in connection with a litigation commenced in court while an administrative proceeding is pending in order to defeat administrative processes in anticipation of an unfavorable administrative ruling and possibly a favorable court ruling. 2 Forum shopping is said to exist where the elements of litis pendentia are present or where a final judgment in one case would amount to res judicata in the other; 3 or where, in the two or more cases pending, there is identity of (a) parties, (b) rights or causes of action, and (c) reliefs sought. 4

    In order to deter the evils of forum shopping, Circular 28-91, dated 08 February 1994, issued by the Supreme Court requires that every petition filed with the Supreme Court or the Court of Appeals must be accompanied by a certification of non-forum shopping. Administrative Circular 04-94, made effective on 01 April 1994, expands the certification requirement to include cases filed in court and quasi-judicial agencies below the Supreme Court and the Court of Appeals. Ultimately, the Court adopted paragraphs (1) and (2) of Administrative Circular No. 04-94 to become Section 5, Rule 7, of the 1997 Rules of Civil Procedure. Significantly, to curb the malpractice of forum shopping, the rule ordains that a violation thereof would constitute contempt of court and be a cause for the summary dismissal of both petitions without prejudice to the taking of appropriate action against the counsel of the party concerned. 5

    Undeniably, there is identity of cause of action and reliefs sought between the petitioner’s letter-appeal filed with the Office of the President and the petition for certiorari filed with the Court of Appeals (C.A. G.R. SP No. 61159). The DOTC resolution and order, dated 05 June 2000 and 30 August 2000, respectively, were sought to be set aside in both appeals filed by petitioner.

    The doctrine of exhaustion of administrative remedies empowers the Office of the President to review any determination or disposition of a department head. The doctrine allows, indeed requires, an administrative decision to first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review. Thus, if a remedy within the administrative machinery can still be had by giving the administrative officer concerned every opportunity to decide on the matter that comes within his jurisdiction, then such remedy should be priorly exhausted before the court’s judicial power is invoked. 6

    The appellate court correctly ruled that the action of a department head bears only the implied approval of the President, and the latter is not precluded from exercising the power to review the decision of the former pursuant to the President’s power of control over all executive departments, bureaus and offices. 7 The Office of the President validly acquired jurisdiction over the case upon the filing therewith of the appeal by herein petitioner, and said jurisdiction is not lost by the subsequent recourse by the petitioner of the certiorari proceedings before the Court of Appeals. Jurisdiction which has attached in the first instance continues until the final resolution of the case. Incongruently, the appellate court, while recognizing to be valid the exercise of jurisdiction by the Office of the President, ordered the dismissal of the appeal pending with the said office based on forum shopping.

    The decision of the appellate court ordering the dismissal of the appeal taken to the Office of the President is clearly flawed. It is the latter, not the appellate court, which could dismiss the case pending before that office. It also behooves courts of justice, if only for reasons of comity and convenience, to shy away from a dispute until the system of administrative redress is completed so as to give the administrative office every opportunity to correct its error and to properly dispose of the case. In fact, the appellate court’s order to dismiss the appeal pending with the Office of the President could well constitute an undue intrusion into a valid exercise of jurisdiction by the President over acts of subordinates within that office.

    WHEREFORE, the petition is GRANTED, and the assailed decision is SET ASIDE. No costs.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

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

    Endnotes:



    1. Gatmaytan v. Court of Appeals, 267 SCRA 487.

    2. First Philippine International Bank v. Court of Appeals, 252 SCRA 259.

    3. Buan v. Lopez, Jr., 145 SCRA 34.

    4. Employees’ Compensation Commission v. Court of Appeals, 257 SCRA 717.

    5. Administrative Circular No. 04-94, April 1, 1994; Fil-Estate Golf and Development, Inc. v. Court of Appeals, 265 SCRA 614; Prubankers Association v. Prudential Bank & Trust Company, 302 SCRA 74.

    6. Paat v. Court of Appeals, 266 SCRA 167.

    7. Section 17, Article VI, 1987 Constitution.

    G.R. No. 154377   December 8, 2003 - LAND CAR, INC. v. BACHELOR EXPRESS, INC., ET AL.


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