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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.

  •  





     
     

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

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. No. RTJ-02-1726. December 12, 2003.]

    (Formerly OCA I.P.I. No. 01-1221-RTJ.)

    P/C Supt. LUCAS M. MANAGUELOD, Complainant, v. Judge FERNANDO M. PACLIBON, JR., Regional Trial Court, Branch 28, Sta. Cruz, Laguna and Judge FRANCISCO J. GO, Municipal Trial Court, Pila, Laguna, Respondents.

    R E S O L U T I O N


    PER CURIAM:


    In a letter-complaint dated April 14, 2000, complainant Atty. Lucas M. Managuelod, Police Chief Superintendent then stationed in Camp Vicente Lim, Calamba, Laguna, charged respondents Judge Fernando M. Paclibon, Jr. of the Regional Trial Court, Branch 28, Sta. Cruz, Laguna and Judge Francisco J. Go of the Municipal Trial Court of Pila, Laguna, with having committed procedural lapses in granting bail to accused Ariel Palacol in Criminal Case No. SC-8235, entitled People v. Palacol, and in quashing the search warrants issued in connection with Criminal Case No. 7604, entitled People v. Jaime Manambit, Et. Al. and Criminal Case No. 7603, entitled People v. Ferdinand Pagkaliwanagan.chanrob1es virtua1 1aw 1ibrary

    In Criminal Case No. SC-8235, complainant averred that, pursuant to a search warrant issued by respondent Judge Francisco Go, the police confiscated 214.40 grams of shabu from Ariel Palacol who was arrested and criminally prosecuted for violation of RA 6425, the Dangerous Drugs Act of 1972, as amended by RA 7659. Considering the amount of shabu confiscated from the accused, the offense committed should have been treated as a heinous and therefore non-bailable crime. However, on March 17, 2000, Accused Palacol filed a motion to fix bail which respondent Judge Go granted on the same day without conducting any hearing thereon. He fixed the bail for the provisional liberty of the accused at P200,000. In the same order, respondent Judge Go inhibited himself from further hearing the case. On March 16, 2000, respondent Judge Fernando Paclibon, Jr. issued an order for the release of accused Palacol.

    Complainant further alleged that, in Criminal Case No. SC-7604, respondent Judge Go issued two search warrants, pursuant to which 214.57 grams of shabu were confiscated by the police from the accused Jaime Manambit Et. Al. The corresponding criminal case was then filed in court. However, on motion of the accused, the search warrants were quashed by respondent Judge Go because they allegedly took on the nature of general warrants, hence unconstitutional. On appeal, respondent Judge Paclibon affirmed the findings of Judge Go.

    The same thing happened in Criminal Case No. SC-7603, where the shabu confiscated weighed 225.03 grams.

    In his comment dated July 27, 2000, respondent Judge Go explained that in Criminal Case No. SC-8235, the weight of the confiscated shabu was not yet determined at the time the accused filed his motion to fix bail. In fact, the shabu seized from the accused was forwarded to the PNP Crime Laboratory for examination only on March 13, 2000. He further averred that the receipt of the seized article specified only "one piece transparent plastic with suspected shabu" and not one plastic bag of shabu. He justifies his action that, in case of doubt, it should be resolved in favor of the accused. As regards Criminal Case Nos. SC-7604 and SC-7603, he clarified that the search warrants he issued were quashed based on the pleadings submitted.

    Respondent Judge Paclibon, on the other hand, explained that, in ordering the release of accused Palacol, he merely relied on the March 17, 2000 order of respondent Judge Go fixing the bail at P200,000. Nevertheless, when Criminal Case No. 8235 was eventually raffled to his sala, he issued another order, dated May 5, 2000, which set aside the assailed order of Judge Go and directed the issuance of a warrant of arrest for the apprehension of accused Palacol. By virtue thereof, Palacol was arrested and detained at the Laguna Provincial Jail.

    Regarding Criminal Case Nos. SC-7604 and SC-7603, respondent Judge Paclibon attached to his comment copies of the orders he issued in those cases which he alleged could very well explain the rationale of his decisions therein.

    In a resolution dated October 9, 2002, the Third Division of this Court dismissed the charges against Judge Paclibon, Jr., as recommended by the Office of the Court Administrator, for lack of evidence, it appearing that his only participation in Criminal Case No. SC-8235 was the alleged irregular and hasty issuance of the order of release, a copy of which was not even attached to the records.

    What is left now to be resolved by this Court is the recommendation of the Office of the Court Administrator to suspend respondent Judge Go for three months, without pay, effective upon notice, for having failed to conduct a hearing on the application for bail by accused Palacol.

    The duties of a judge, in case an application for bail is filed, are to: (1) notify the prosecutor of the hearing on the application for bail or require him to submit his recommendation; (2) conduct a hearing on the application for bail whether or not the prosecution presents evidence to show that the guilt of the accused is strong, to enable the court to exercise its discretion; (3) decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution, and (4) if the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond. 1

    In this case, the records do not reveal that respondent Judge Go ever conducted any hearing on the motion to fix bail filed by accused Palacol before he allowed him to post bail. Respondent Judge Go merely relied on the comment filed by Provincial Prosecutor Dan B. Rodrigo favoring the fixing of bail as prayed for by the accused in his motion. We find it highly suspicious that respondent Judge Go granted bail and fixed the amount thereof on the very same day the accused filed his motion. Thereafter, he inhibited himself from further hearing the case. The weight of the shabu confiscated was more than 200 grams, thereby qualifying the offense as a heinous crime, pursuant to RA 6425 as amended by RA 7659.

    It is imperative that judges be conversant with basic legal principles and possess sufficient proficiency in the law. In offenses punishable by reclusion perpetua or death, the accused has no right to bail when the evidence of guilt is strong. 2 Respondent Judge Go should have known the procedure to be followed when a motion for admission to bail is filed by the accused. Extreme care, not to mention the highest sense of personal integrity, is required of him in granting bail, specially in cases where bail is not a matter of right. 3 The fact that the provincial prosecutor interposed no objection to the application for bail by the accused did not relieve respondent judge of the duty to set the motion for bail for hearing. A hearing is of utmost necessity because certain guidelines in fixing bail (the nature of the crime, character and reputation of the accused, weight of evidence against him, the probability of the accused appearing at the trial, among other things) call for the presentation of evidence. It was impossible for respondent judge to determine the application of these guidelines in an ex-parte determination of the propriety of Palacol’s motion for bail. Thus, for his failure to conduct any hearing on the application for bail, we hold respondent Judge Go guilty of gross ignorance of the law justifying the imposition of the severest disciplinary sanction on him.

    Further, the actuations of respondent judge in Criminal Case Nos. SC-7604 and SC-7603 were likewise highly dubious. In said cases, he issued several search warrants, only to quash them later after the police authorities had already conducted the search and seized a total of more than 400 grams of shabu. He justified his action by claiming that the search warrants he issued were in the nature of "general warrants," which were unconstitutional. He, however, never explained why he, in the first place, issued such unconstitutional warrants.

    A judge is human; this we acknowledge. But a judge is expected to rise above human frailties. 4 The Court frowns on and will never countenance the conduct of respondent judge for he should know that his behavior must always be beyond reproach and free from any appearance of impropriety to protect the image and integrity of the judiciary, specially considering that drugs were involved. Lamentably, respondent judge failed to measure up to such exacting norm. Although a judge may not always be subjected to disciplinary action for every erroneous order or decision he renders, that relative immunity is not a license to be negligent, abusive or arbitrary in the performance of his adjudicatory prerogatives. 5

    No position in the government service exacts a greater demand for personal honesty and integrity than a seat in the judiciary. 6 He must not sacrifice for expediency’s sake the fundamental requirements of due process or to forget that he must conscientiously endeavor each time to seek the truth, to know and correctly apply the law, and to dispose of controversies objectively and impartially — to the end that justice is done to every party. 7 Canon 2 of the Code of Judicial Conduct provides that a judge should not only avoid impropriety but also the appearance of impropriety in all his acts. By the very nature of his work, he should always be imbued with a high sense of duty and responsibility in the discharge of his obligation to administer justice.

    WHEREFORE, respondent Judge Francisco J. Go of the Municipal Trial Court of Pila, Laguna is hereby DISMISSED from the service, with forfeiture of all retirement benefits, except accrued leave credits, and with prejudice to re-employment in any branch or instrumentality of the government, including government-owned or controlled corporations.chanrob1es virtua1 1aw 1ibrary

    This resolution is immediately executory.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Vitug, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio Morales, Callejo, Sr., Azcuna and Tinga, JJ., concur.

    Endnotes:



    1. People v. Cabral, 303 SCRA 361 [1999].

    2. People v. Manes, 303 SCRA 231 [1999].

    3. Cruz v. Yaneza, 304 SCRA 285 [1999].

    4. Lorena v. Encomienda, 302 SCRA 632 [1999].

    5. de Vera v. Dames II, 310 SCRA 213 [1999].

    6. Cruz v. Yaneza, 304 SCRA 285 [1999].

    7. Young v. De Guzman, 303 SCRA 254 [1999].

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


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