ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-2003 Jurisprudence                 

  • G.R. No. 125297 June 6, 2003 - ELVIRA YU OH v. COURT OF APPEALS, ET AL.

  • G.R. No. 143675 June 9, 2003 - SPS. ROMEO and EMILY GUDA v. ALAN A. LEYNES, ET AL.

  • G.R. No. 145338 June 9, 2003 - PEOPLE OF THE PHIL. v. ZALDY P. LABIANO

  • A.C. No. 4738 June 10, 2003 - VIOLETA FLORES ALITAGTAG v. VIRGILIO R. GARCIA

  • Bar Matter No. 1036 June 10, 2003 - DONNA MARIE S. AGUIRRE v. EDWIN L. RANA

  • A.M. No. 99-6-81-MTCC June 10, 2003 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MTCC OF PALAYAN CITY

  • A.M. No. MTJ-99-1203 June 10, 2003 - NELIA A. ZIGA v. RAMON A. AREJOLA

  • A.M. No. P-96-1214 June 10, 2003 - BERNARDINO M. FABIAN, ET AL. v. LEILA (LAILA) M. GALO

  • A.M. No. RTJ-03-1751 June 10, 2003 - ANDREA D. DOMINGO v. ERNESTO P. PAGAYATAN

  • G.R. No. 111159 June 10, 2003 - NORDIC ASIA LIMITED, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116463 June 10, 2003 - REPUBLIC OF THE PHIL. thru the DPWH v. COURT OF APPEALS, ET AL.

  • G.R. No. 119293 June 10, 2003 - SAN MIGUEL CORP. v. NLRC, ET AL.

  • G.R. No. 123054 June 10, 2003 - PEOPLE OF THE PHIL. v. FAUSTO B. OBEDO

  • G.R. No. 125778 June 10, 2003 - INTER-ASIA INVESTMENTS INDUSTRIES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125838 June 10, 2003 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126281 June 10, 2003 - PEOPLE OF THE PHIL. v. SERGIO A. CARATAO

  • G.R. No. 131842 June 10, 2003 - PEOPLE OF THE PHIL. v. DIONISIO JACKSON

  • G.R. No. 139561 June 10, 2003 - SPS. FEDERICO & SARAH ATUEL, ET AL. v. SPS. BERNABE & CONCHITA VALDEZ

  • G.R. No. 141115 June 10, 2003 - POSADAS-MOYA and ASSOC. CONST. CO. v. GREENFIELD DEV’T. CORP.

  • G.R. No. 142467 June 10, 2003 - PEOPLE OF THE PHIL. v. ABELARDO DE CASTRO, ET AL.

  • G.R. No. 143076 June 10, 2003 - PHILIPPINE RURAL ELECTRIC COOPERATIVES ASSOCIATION, ET AL. v. SECRETARY, DILG, ET AL.

  • G.R. No. 143125 June 10, 2003 - PEOPLE OF THE PHIL .vs. DIOSDADO R. CORIAL

  • G.R. No. 144157 June 10, 2003 - PEOPLE OF THE PHIL. v. LOWELL SALUDES

  • G.R. Nos. 144523-26 June 10, 2003 - PEOPLE OF THE PHIL. v. FLORENTINO QUIJANO SR.

  • G.R. Nos. 145452-53 June 10, 2003 - PEOPLE OF THE PHIL. v. LARRY CARITATIVO

  • G.R. Nos. 146749 & 147938 June 10, 2003 - CHINA BANKING CORP. v. COURT OF APPEALS

  • G.R. No. 149154 June 10, 2003 - RODOLFO S. DE JESUS, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 150611 June 10, 2003 - JACINTO SAGUID v. COURT OF APPEALS, ET AL.

  • G.R. No. 153660 June 10, 2003 - PRUDENCIO BANTOLINO, ET AL. v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. RTJ-02-1724 June 12, 2003 - RODOLFO O. MACACHOR v. ROLINDO D. BELDIA JR.

  • G.R. No. 138541 June 12, 2003 - PEOPLE OF THE PHIL. v. JOSE LARRY COLONIA

  • G.R. No. 148327 June 12, 2003 - PEOPLE OF THE PHIL. v. ROMEO P. DESALISA

  • A.M. No. P-03-1679 June 16, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. BEL EDUARDO F. NITAFAN, ET AL.

  • A.M. No. SCC-03-08 June 16, 2003 - ERMELYN A. LIMBONA v. CASAN ALI LIMBONA

  • G.R. No. 95901 June 16, 2003 - PEOPLE OF THE PHIL. v. ANTONIO B. SIBONGA, ET AL.

  • G.R. No. 138692 June 16, 2003 - PEOPLE OF THE PHIL. v. OSCAR AREO

  • G.R. Nos. 141280-81 June 16, 2003 - PEOPLE OF THE PHIL. v. RICKY L. SODSOD, ET AL.

  • G.R. No. 144589 June 16, 2003 - PEOPLE OF THE PHIL. v. JUANITO PACUANCUAN

  • G.R. No. 149683 June 16, 2003 - ILOILO TRADERS FINANCE INC. v. HEIRS OF OSCAR SORIANO JR., ET AL.

  • G.R. No. 149750 June 16, 2003 - AURORA ALCANTARA-DAUS v. SPS. HERMOSO & SOCORRO DE LEON

  • A.M. No. MTJ-96-1106 June 17, 2003 - CELESTINA B. CORPUZ v. ORLANDO ANA F. SIAPNO

  • A.M. No. RTJ-02-1710 June 17, 2003 - EVANGELINA C. SAMSON v. JULES A. MEDIA

  • A.M. No. RTJ-03-1784 June 17, 2003 - MANUEL M. ROSALES v. ROMULO S.G. VILLANUEVA

  • G.R. No. 123146 June 17, 2003 - PEOPLE OF THE PHIL. v. ALONA BULI-E, ET AL.

  • G.R. No. 128225 June 17, 2003 - PEOPLE OF THE PHIL. v. DANTE A. NARRA

  • G.R. No. 137042 June 17, 2003 - PEOPLE OF THE PHIL. v. FELIPE MUSA, ET AL.

  • G.R. No. 144225 June 17, 2003 - SPS. GODOFREDO and CARMEN ALFREDO v. SPS. ARMANDO and ADELIA BORRAS

  • G.R. No. 145993 June 17, 2003 - PEOPLE OF THE PHIL. v. RUFINO I. MALLARI

  • G.R. No. 148668 June 17, 2003 - PEOPLE OF THE PHIL. v. TONY L. PEDRONAN

  • G.R. No. 151440 June 17, 2003 - HEIRS OF SIMPLICIO SANTIAGO v. HEIRS OF MARIANO E. SANTIAGO

  • A.M. No. MTJ-03-1493 June 18, 2003 - RENE BOY GOMEZ v. MANUEL D. PATALINGHUG, ET AL.

  • G.R. No. 123161 June 18, 2003 - PEOPLE OF THE PHIL. v. LIBERATO SOLAMILLO, ET AL.

  • G.R. No. 125305 June 18, 2003 - PEOPLE OF THE PHIL. v. BERNABE MONTEMAYOR

  • G.R. Nos. 127756-58 June 18, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN P. MEDINA SR.

  • G.R. Nos. 131926 & 138991 June 18, 2003 - PEOPLE OF THE PHIL. v. MICHAEL U. PAGALASAN, ET AL.

  • G.R. No. 134981 June 18, 2003 - FREDELITO P. VITTO v. COURT OF APPEALS, ET AL.

  • G.R. No. 135857 June 18, 2003 - PEOPLE OF THE PHIL. v. ADRIANO ARCA

  • G.R. Nos. 140439-40 June 18, 2003 - PEOPLE OF THE PHIL. v. FELIX HERMOSA

  • G.R. No. 144975 June 18, 2003 - PEOPLE OF THE PHIL. v. AMADOR SAPIGAO, ET AL.

  • G.R. No. 149147 June 18, 2003 - FELIX BAROT v. COMELEC CITY BOARD OF CANVASSERS OF TANJAY CITY, ET AL.

  • G.R. No. 150327 June 18, 2003 - REPUBLIC OF THE PHIL. v. MARILYN A. PERALTA, ET AL.

  • A.M. No. 01-6-314-RTC June 19, 2003 - RE: REQUEST OF JUDGE ROBERTO S. JAVELLANA, RTC-BR. 59, SAN CARLOS CITY

  • A.M. No. MTJ-92-710 June 19, 2003 - PEDRITA M. HARAYO v. JUDGE MAMERTO Y. COLIFLORES

  • G.R. No. 154411 June 19, 2003 - NATIONAL HOUSING AUTHORITY v. HEIRS OF ISIDRO GUIVELONDO, ET AL.

  • A.M. No. P-03-1701 June 20, 2003 - BALTAZAR LL. FIRMALO v. MELINDA C. QUIERREZ

  • A.M. No. RTJ-00-1594 June 20, 2003 - PASTOR SALUD v. FLORENTINO M. ALUMBRES

  • G.R. No. 122766 June 20, 2003 - PEOPLE OF THE PHIL. v. FELIPE ESPONILLA, ET AL.

  • G.R. No. 127275 June 20, 2003 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 130759 June 20, 2003 - ASIATRUST DEVELOPMENT BANK v. CONCEPTS TRADING CORP.

  • G.R. No. 139332 June 20, 2003 - PEOPLE OF THE PHIL v. NOLI A. NOVIO

  • G.R. No. 140698 June 20, 2003 - ROGELIO ENGADA v. COURT OF APPEALS, ET AL.

  • G.R. No. 142503 June 20, 2003 - ROMUALDO C. PEREZ v. APOLONIO CRUZ

  • G.R. No. 142820 June 20, 2003 - WOLFGANG O. ROEHR v. MARIA CARMEN D. RODRIGUEZ, ET AL.

  • G.R. No. 143604 June 20, 2003 - PRISCO LANZADERAS, ET AL. v. AMETHYST SECURITY AND GENERAL SERVICES, ET AL.

  • G.R. No. 146595 June 20, 2003 - CARLO A. TAN v. KAAKBAY FINANCE CORP., ET AL.

  • G.R. No. 152436 June 20, 2003 - NPC v. SPS. IGMEDIO CHIONG, ET AL.

  • G.R. No. 152766 June 20, 2003 - LILIA SANCHEZ v. COURT OF APPEALS

  • G.R. No. 140872 June 23, 2003 - PEOPLE OF THE PHIL. v. PABLITO T. INGGO

  • G.R. Nos. 142683-84 June 23, 2003 - PEOPLE OF THE PHIL. v. SERGIO JOROLAN

  • G.R. Nos. 143760-63 June 23, 2003 - PEOPLE OF THE PHIL. v. ROMEO B. MANLUCTAO

  • G.R. No. 144018 June 23, 2003 - FAR EAST BANK AND TRUST CO. v. TOMAS TOH, SR., ET AL.

  • A.C. No. 3849 June 25, 2003 - FELICIDAD VDA. DE BERNARDO v. JOSE R. RESTAURO

  • G.R. Nos. 105416-17, 111863 & 143715 June 25, 2003 - PHILIPP BROTHERS OCEANIC, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122109 June 25, 2003 - PEOPLE OF THE PHIL. v. JESUS TORIO

  • G.R. No. 123896 June 25, 2003 - ROSALINDA SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 126113 June 25, 2003 - PEOPLE OF THE PHIL. v. ANTONIO B. GUIHAMA

  • G.R. No. 135323 June 25, 2003 - PEOPLE OF THE PHIL. v. EDELMA LAGATA

  • G.R. No. 136773 June 25, 2003 - MILAGROS MANONGSONG v. FELOMENA JUMAQUIO ESTIMO, ET AL.

  • G.R. No. 146018 June 25, 2003 - EDGAR COKALIONG SHIPPING LINES v. UCPB GENERAL INSURANCE COMPANY

  • G.R. Nos. 147589 & 147613 June 25, 2003 - ANG BAGONG BAYANI-OFW LABOR PARTY v. COMELEC, ET AL.

  • A.M. No. P-01-1472 June 26, 2003 - ADRIANO V. ALBIOR v. DONATO A. AUGUIS

  • A.M. No. P-02-1544 June 26, 2003 - ERNESTO LUMANTA v. WILFREDO M. TUPAS

  • A.M. No. RTJ-02-1670 June 26, 2003 - SPS. CAROLINA AND VILLAMOR GRAGERA v. PABLO B. FRANCISCO

  • A.M. No. RTJ-02-1736 June 26, 2003 - SPS. ARTURO and JOSEFINA DE GUZMAN v. FERNANDO VIL PAMINTUAN

  • A.M. No. RTJ-99-1519 June 26, 2003 - GREGORIO LIMPOT LUMAPAS v. CAMILO E. TAMIN

  • G.R. No. 137296 June 26, 2003 - PEOPLE OF THE PHIL. v. DIONISIO Q. VICENTE

  • G.R. No. 140967 June 26, 2003 - EMERITA ACOSTA v. EMILIO ENRIQUEZ

  • G.R. No. 141863 June 26, 2003 - BASILIO RIVERA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144090 June 26, 2003 - PEOPLE OF THE PHIL. v. MICHAEL S. MAGUING

  • G.R. No. 145305 June 26, 2003 - PEOPLE OF THE PHIL. v. REDANTE C. SANTOS

  • G.R. No. 145731 June 26, 2003 - PEOPLE OF THE PHIL. v. GREGORIO GERAL, ET AL.

  • G.R. No. 148730 June 26, 2003 - PEOPLE OF THE PHIL. v. JOSE D. DELA CRUZ, ET AL.

  • G.R. No. 154705 June 26, 2003 - REPUBLIC OF INDONESIA, ET AL. v. JAMES VINZON

  • G.R. No. 121828 June 27, 2003 - PEOPLE OF THE PHIL. v. RENE GAYOT PILOLA

  • G.R. Nos. 124830-31 June 27, 2003 - PEOPLE OF THE PHIL. v. GERARDO P. EVINA

  • G.R. No. 138993 June 27, 2003 - PHILIPPINE VETERANS BANK v. SANTIAGO G. ESTRELLA, ET AL.

  • G.R. Nos. 139217–24 June 27, 2003 - PEOPLE OF THE PHIL. v. NELSON ESPERANZA

  • G.R. No. 143643 June 27, 2003 - NATIONAL POWER CORPORATION v. SPS. JOSE & MA. CLARA CAMPOS

  •  





     
     

    A.M. No. P-03-1679   June 16, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. BEL EDUARDO F. NITAFAN, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. No. P-03-1679. June 16, 2003.]

    OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. BEL EDUARDO F. NITAFAN, PROCESS SERVER; and RICARDO L. SIMEON, SHERIFF IV, Respondents.

    D E C I S I O N


    VITUG, J.:


    The instant administrative matter arose from a report, dated 09 October 2002, submitted by Clerk of Court Jesusa P. Maningas of the Regional Trial Court of Manila pursuant to the memorandum, dated 24 September 2002, of Executive Judge Enrico A. Lanzanas of the Manila Regional Trial Court.chanrob1es virtua1 1aw 1ibrary

    It would appear that at about noon on 24 September 2002, within the office premises of Branch 19 of the Regional Trial Court of Manila, an altercation between herein respondents, Process Server Bel Eduardo F. Nitafan and Sheriff Ricardo L. Simeon, ultimately resulted in an accidental firing of a 9-mm. firearm belonging to Ricardo L. Simeon. The incident started when Nitafan approached Simeon to ask for the exact location of Cabangis Street in Tondo and the latter curtly answered, "ewan," in a loud voice. Irked by the reply, Nitafan remarked, "Anong gusto mo," to which Simeon retorted, "Ano bang problema mo?" After Nitafan saw Simeon touch his polo shirt covering a gun tucked by the waist and worried that Simeon might use it, he embraced Simeon from behind and held his arms. Simeon explained that he only wanted to keep the gun away from Nitafan fearing that the latter might try to take hold of it. While they were grappling for its possession, the gun accidentally fired and hit the cement floor. Subsequently, Nitafan and Simeon themselves settled their misunderstanding. Nitafan and Simeon would seem to have been good friends but Nitafan, the "quiet type," gets insecure every time Simeon would talk to one Ms. Janet Marcelo, a co-employee, which Nitafan apparently resented. The 9-mm. handgun is duly licensed in the name of Simeon, who likewise possesses a permit to carry it, issued by the PC Firearms and Explosives Unit, Camp Crame, Quezon City.

    In a memorandum, dated 08 October 2002, Judge Daguna directed Simeon and Nitafan to each give his side of the incident.

    Simeon, in his compliance of 11 October 2002, stated that when he was approached by Nitafan and asked, "Ano ba talaga ang gusto mo," and he answered, "Anong problema mo Jing," Nitafan kept coming towards him. At that point, he thought that Nitafan would grab the gun tucked in his waistline, prompting him (Simeon) to pull and keep it away from his reach. Nitafan hugged and wrestled with him. As soon as he felt that he could not stop Nitafan, Simeon let go of one shot to bring Nitafan to his senses and then immediately emptied his gun to avoid any injury. Finally, the two settled their differences. Simeon apologized for the incident.

    Nitafan, in his compliance, dated 11 October 2002, explained that the "bossy" attitude of Simeon had irritated him. His annoyance got out of hand when Simeon gave him a curt reply on the day the incident happened. When he confronted Simeon, and the latter replied, "Ano bang problema mo," he realized that Simeon had a gun. Afraid that Simeon might use the gun against him, Nitafan embraced Simeon but the gun went off, and the two protagonists wrestled. Later, they talked things over and agreed to "bury the hatchet." Nitafan likewise apologized for the incident.

    Judge Zenaida R. Daguna, Presiding Judge, of Branch 19 of the Regional Trial Court, Manila, in her undated letter to the Court Administrator said that both Nitafan and Simeon were sternly admonished, Nitafan for initiating the brawl and Simeon for provoking the other. After taking into account the length of service of the two respondents (more than 20 years of service in the case of Simeon and about 15 years of service in the case of Nitafan), their outstanding performance, and the fact that the subject incident had been their first and only misdemeanor, Judge Daguna recommended that the two erring employees be given a chance to make amends and to continue their faithful service to the Judiciary.

    On 06 November 2002, Executive Judge Enrico A. Lanzanas, indorsed the matter to the Office of the Court Administrator.

    In their joint letter, of 11 November 2002, addressed to Deputy Court Administrator Christopher O. Lock, respondents manifested that they were adopting the statements made in their respective compliances, both dated 11 October 2002, which they had submitted to Judge Daguna, together with the latter’s recommendation, in response to the directive, dated 23 October 2002, of the OCA asking them to explain in writing why no administrative sanction should be imposed upon them in connection with the incident in question. Respondents begged for compassion and mercy and asked that they be given a chance to rectify their "unprofessional" behavior.chanrob1es virtua1 1aw 1ibrary

    The Office of the Court Administrator (OCA) submitted its report, dated 29 November 2002, to the Court, pertinent portions of which read:jgc:chanrobles.com.ph

    "The act of Mr. Nitafan and Mr. Simeon in engaging in a fight especially during office hours and within the court premises runs counter to the norms of conduct set forth in Sec. 4(c) of RA No. 6713. The same is unbecoming for court employees whose conduct and behavior must at all times be characterized by propriety and decorum.

    "The court will not tolerate misconduct committed by court personnel, particularly during office hours and within court premises. Such misconduct shows a total lack of respect for the court, and erodes the good image of the judiciary in the eyes of the public.

    "Both Mr. Nitafan and Mr. Simeon have fallen short of the standard of conduct required of court employees. They should be administratively held liable for fighting with each other as said act showed disrespect not only of their co-workers but also of the Court.

    "Moreover, notwithstanding the fact that the 9-mm. firearm of Mr. Simeon is duly licensed and that he was issued the corresponding permit to carry the same outside his residence, he should not have brought the same within the court’s premises as the bringing and displaying of firearm in the court premises constitute misconduct. The question here is not the legality of Mr. Simeon’s carrying of his firearm but the propriety of his doing so while working in the Court, when his duties as sheriff do not require that he should have his gun with him. There is no claim, much less showing that he needs the gun for self protection. Moreover, the accidental firing of Mr. Simeon’s gun had placed in danger the lives of others who were present at the scene of the incident."cralaw virtua1aw library

    The OCA, nevertheless, after considering the long years of service of respondents, their outstanding performance in the judiciary, and the fact that the incident was their first and only infraction, recommended that Nitafan and Simeon be held administratively liable for misconduct and be ordered to pay a fine of P2,000.00 and P5,000.00, respectively, with a WARNING that a repetition of the same act would be dealt with severely.

    The Court accepts the recommendation.

    Misconduct is an unacceptable behavior that transgresses the established rules of conduct for public officers. 1 The due observance of the prescribed norms of behavior are demanded no less from court personnel; indeed, they must be role models for all those in the public service. Respondents have fallen below this expectation. The conduct they have exhibited at the workplace and during working hours is indicative of an utter lack of concern not only for each other but also for the court as well. 2 It is highly reprehensible for any court personnel to engage in a personal confrontation, particularly during office hours, within the court premises where professionalism, as well as order and discipline among the ranks, must be of utmost concern. The Court will not tolerate or condone misconduct on the part of any judicial officer or personnel that degrade the dignity of their office.

    WHEREFORE, respondents Nitafan and Simeon are both held liable for simple misconduct, and each is hereby ordered to pay a fine of, respectively, Two Thousand Pesos (P2,000.00) and Five Thousand Pesos (P5,000.00), with a WARNING that a repetition of any similar conduct in the future will be dealt with most severely.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

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

    Endnotes:



    1. Amosco v. Magro, 73 SCRA 107, 1976.

    2. Balisi-Umali v. Peñalosa, 318 SCRA 406.

    A.M. No. P-03-1679   June 16, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. BEL EDUARDO F. NITAFAN, ET AL.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED