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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
 

   
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. SCC-03-08   June 16, 2003 - ERMELYN A. LIMBONA v. CASAN ALI LIMBONA

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. No. SCC-03-08. June 16, 2003.]

    (Formerly OCA IPI No. 00-12-SCC)

    ERMELYN A. LIMBONA, Complainant, v. JUDGE CASAN ALI LIMBONA, Shari’a Circuit Court, Tamparan, Lanao del Sur, Respondent.

    R E S O L U T I O N


    QUISUMBING, J.:


    This administrative complaint 1 filed on June 5, 2000 by the complainant Ermelyn A. Limbona charges respondent Judge Casan Ali Limbona, Shari’a Circuit Court, Tamparan, Lanao del Sur, of Grave Misconduct and Conduct Unbecoming a member of the Philippine Bar and Officer of the Court.

    Complainant alleged that she is married to the respondent judge. She said she first met him sometime in 1992 and they had an affair. At that time, respondent was jobless and relied upon her for support. When she was seven months pregnant, respondent — on the pretext of securing money — left her for Marawi City and never returned. Thus, she was forced to raise their child with the help of her sister and brother-in-law. 2

    On November 25, 1998, they met again. Respondent was then applying for appointment as a Regional Director of the Department of Natural Resources. They resumed their relationship, until they got married on January 17, 1999. On April 27, 2000, however, respondent left her again, this time without a word. She later discovered that the respondent returned to live with his former wife whom he had divorced in front of her (complainant), pursuant to the Code of Muslim Personal Laws. 3

    In her complaint, she further alleged that the respondent filed his candidacy for party-list representative in the 1998 elections without ceasing to perform his judicial functions, and thus regularly collected his salary. 4

    In his letter 5 dated October 18, 2000, respondent submitted the complainant’s affidavit of desistance 6 and adopted in toto her averments. In her affidavit, complainant stated that she filed the complaint because of the marital rift between her and respondent judge, and because she wanted an advantageous settlement of matrimonial feud under Islamic practice. She declared that the elders, whom she and respondent both chose, already accepted her apology. In accordance with Muslim traditions and cultural practices, she said a proper Muslim settlement of marital feud was arrived at and that both of them are now living in "a cordial, supportive, and happy environment." Finally, complainant declared that she was no longer interested in pursuing the case against Respondent. 7

    Adopting the recommendations of the Office of the Court Administrator (OCA), this Court resolved on December 5, 2001 8 to refer this case to the Executive Judge of the Shari’a District Court of Lanao del Sur for further investigation, report and recommendation and for determination from the Commission on Elections whether the respondent was indeed a candidate during the 1998 elections.chanrob1es virtua1 1aw 1ibrary

    On July 31, 2002, Datu Ashary M. Alauya, Clerk of Court VI of the Fourth Shari’a Judicial District, Marawi City, informed this Court of the failure of Judge Bensaudi Arabani to assume office as acting presiding judge of that court. Hence, the clerk had to return the records of this case to this Court for lack of an investigating officer. 9

    By Resolution 10 of August 21, 2002, this Court referred the case to a consultant of the OCA for evaluation, report and recommendation.

    In its report, 11 the OCA, through the Hearing Officer Designate Justice Romulo S. Quimbo, stated that the matter of the respondent judge having filed his candidacy in the 1998 elections, while still receiving his salaries as a judge, is currently the subject of Administrative Matter No. SCC-98-4 pending before the Third Division of this Court. Consequently, the OCA recommended that the instant case be consolidated with that other administrative matter pending before said Division. As regards the charge that the respondent committed grave misconduct unbecoming of a member of the Philippine Bar and an officer of the court, the OCA observed that the complainant failed to substantiate her allegations. The OCA recommended that her complaint be dismissed.

    The recommendations of the OCA are well-founded.

    Administrative proceedings are not strictly bound by formal rules on evidence, but the liberality of procedure in administrative actions is still subject to limitations imposed by the fundamental requirement of due process. 12 Even in an administrative case, the Rules of Court require that if the respondent judge should be disciplined for grave misconduct or any graver offense, the evidence against him should be competent and should be derived from direct knowledge. 13 The judiciary to which the respondent belongs demands no less. Before any of its members could be faulted, competent evidence should be presented, especially since the charge is penal in character. 14

    After carefully reviewing the records of this case, this Court is convinced that there is utter lack of evidence to support the charge of grave misconduct. In administrative proceedings, complainants have the burden of proving by substantial evidence the allegations in their complaints. 15 Yet, despite due notice 16 to her, complainant failed to attend the hearings before the OCA, much less offer evidence in support of her complaint. 17 In fact, the complainant recanted her allegations in her complaint through an affidavit of desistance, which the respondent judge presented to the OCA by way of comment. Nor is there independently verifiable proof of the respondent judge’s alleged misconduct. Thus, we are constrained to dismiss complainant’s principal charge against respondent for grave misconduct.

    As to the other charge, that the respondent judge continued to perform his functions as a judge of the Shari’a Circuit Court of Tamparan, Lanao del Sur, thereby receiving his salaries despite having filed his certificate of candidacy for the 1998 elections, we find it has similar facts as those alleged in A.M. No. SCC-98-4 pending with the Third Division of this Court. Thus, we deem it proper that this complaint be referred for possible consideration by that Division.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the administrative complaint against respondent Judge Casan Ali Limbona, Shari’a Circuit Court, Tamparan, Lanao del Sur, for grave misconduct is DISMISSED for lack of evidence. As to the charge that the respondent judge continued to perform his functions and to receive his salaries after he had filed a certificate of candidacy for the 1998 elections, this Court RESOLVES to forward the same for consideration under Administrative Matter No. SCC-98-4, pending with the Third Division of this Court.

    SO ORDERED.

    Bellosillo, Austria-Martinez and Callejo, Sr., JJ., concur.

    Endnotes:



    1. Rollo, pp. 3–4.

    2. Id. at 3.

    3. Id. at 3, 16.

    4. Id. at 3, 14.

    5. Id. at 21.

    6. Id. at 22.

    7. Ibid.

    8. Id. at 32–33.

    9. Id. at 35.

    10. Id. at 38.

    11. Id. at 62–65.

    12. Ang v. Judge Asis, A.M. No. RTJ-00-1590, 15 January 2002, p. 6.

    13. Araos v. Judge Luna-Pison, A.M. No. RTJ-02-1677 (OCA-IPI-00-1027-RTJ), 28 February 2002, p. 3.

    14. Supra, note 12 at 6–7.

    15. Morales, Sr. v. Judge Dumlao, A.M. No. MTJ-01-1339, 13 February 2002, p. 5.

    16. Rollo, p. 54.

    17. Id. at 65.

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


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