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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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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. MTJ-03-1493   June 18, 2003 - RENE BOY GOMEZ v. MANUEL D. PATALINGHUG, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. No. MTJ-03-1493. June 18, 2003.]

    RENE BOY GOMEZ, Complainant, v. JUDGE MANUEL D. PATALINGHUG, ALBERTO C. PITA, Acting Clerk of Court/Legal Researcher, and a CONCERNED RECORDS CUSTODIAN, MTCC, Danao City, Respondents.

    R E S O L U T I O N


    YNARES-SANTIAGO, J.:


    Complainant is the accused in Criminal Case No. 5794 for Grave Threats, pending before the Municipal Circuit Trial Court of Danao City. From April 19, 1995 to November 8, 1996, the prosecution presented its witnesses before the Presiding Judge, the late Eleuteria N. Alfeche, and later before Acting Presiding Judge Salvador B. Mendoza. After the prosecution rested, the defense moved for the deferment of the hearings since the accused’s counter-affidavit and the affidavits of the witnesses were missing from the records of the trial court. Meanwhile, respondent Judge Manuel D. Patalinghug was assigned to the MCTC of Danao City. On March 17, 1998, the defense presented the copy of the accused’s counter-affidavit in the files of the Assistant City Prosecutor. Since the affidavits of the other defense witnesses were still missing, counsel for the accused, Atty. Ana Marie Angelica P. Batiquin, was constrained to rest the case.chanrob1es virtua1 1aw library

    On January 3, 2000, a decision in Criminal Case No. 5794 was rendered and promulgated, convicting the accused Rene Gomez and sentencing him to suffer the penalty of one month and one day to two months imprisonment and to pay a fine of P200.00. 1 Atty. Batiquin was not notified of the promulgation. When she obtained a copy of the decision, she noticed the portion therein that read:" [t]he Court was able to observe the demeanor of the private complainant when she was cross-examined in open court." 2 She went to see respondent judge to point out the error and reminded him that he was not the presiding judge at the time of presentation of the prosecution witnesses. During her conversation with respondent judge, it appeared that the decision was actually prepared by the Acting Clerk of Court, respondent Alberto C. Pita. Atty. Batiquin promptly expressed her dismay that the decision was not prepared by the presiding judge.

    Immediately thereafter, respondent judge promulgated a second decision wherein he rectified the above error, but nonetheless convicted the accused and imposed on him the same penalty. 3 In the second decision, respondent judge noted that only the counter-affidavit of the accused was submitted in evidence. 4 Again, Atty. Batiquin went to the court to examine the records of the case. There she found that the counter-affidavit of the accused, which was previously missing, was attached to the records right after the affidavits of the prosecution witnesses. Moreover, the first decision was no longer attached to the record; only the second decision was attached thereto.

    Hence, the accused filed with this Court an administrative complaint charging respondents Judge Manuel D. Patalinghug, Acting Clerk of Court Alberto C. Pita, and an unnamed records custodian, all of the Municipal Circuit Trial Court of Danao City, with Conduct Prejudicial to the Best Interest of the Service, Grave Abuse of Authority, Serious Misconduct, Gross Dishonesty and Partiality, and Misrepresentation and Concealment of Records. 5

    Respondents Judge Patalinghug and Pita filed a joint Comment. They deny complainant’s claim that he submitted his counter-affidavit and the affidavits of his witnesses to the court; otherwise, he should have presented his service copy with the stamp: "Received" by the trial court. Moreover, respondents claim that no part of the records of Criminal Case No. 5794 was lost; that complainant’s counter-affidavit was attached to the records right after the evidence for the prosecution. Neither was the first decision missing, since complainant was able to secure a copy thereof from the court. Furthermore, although there were two decisions promulgated, there was in legal contemplation only one decision rendered by the court, inasmuch as the first decision, promulgated on January 3, 2000, was effectively recalled eight days later in an Order dated January 11, 2000, or before its finality. 6

    In compliance with this Court’s Resolution, 7 complainant and respondents manifested their willingness to have the case submitted for decision on the basis of the pleadings filed. 8 Thereafter, the case was referred to the Office of the Court Administrator for evaluation, report and recommendation. On July 27, 2001, the OCA submitted its report wherein it recommended that the complaint against Alberto C. Pita be dismissed and that respondent Judge be fined in an amount equivalent to one (1) month salary with a stern warning that a repetition of the same or similar acts in the future will be dealt with more severely. 9

    We agree with the findings of the Court Administrator. Indeed, it is understandable for complainant to suspect that the first decision was not personally prepared by respondent Judge. The following excerpt, to be sure, could not have been written by him:chanrob1es virtual 1aw library

    The Court was able to observe the demeanor of the private complainant when she was examined in open court; she was spontaneous in her giving of answers to questions propounded by counsel for the accused and her answers were clothed with sincerity and in fact she was crying when she gave her testimony. 10

    The efficacy of a decision is not necessarily impaired by the fact that its writer took over from a colleague who had earlier presided at the trial, unless there is a showing of grave abuse of discretion in the factual findings reached by him. 11 The fact that the judge who prepared, signed and promulgated the decision was not the one who heard the evidence does not render the judgment void per se. 12 However, respondent judge should have exercised caution and carefully scrutinized the draft decision to make the necessary corrections before affixing his signature thereon. His failure to do so betrays his carelessness and laziness, which are anathema to the professional competence and diligence required of judges, to wit:chanrob1es virtual 1aw library

    CANON 3 — A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY, AND WITH IMPARTIALITY AND DILIGENCE.

    Rule 3.01 — A judge shall be faithful to the law and maintain professional competence.chanrob1es virtua1 1aw 1ibrary

    Rule 3.02 In every case, a judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by partisan interests, public opinion or fear of criticism.

    No one called upon to try the facts or interpret the law in the administration of justice can be infallible; 13 and a judge may not always be subjected to disciplinary action for every erroneous order or decision he renders. Nevertheless, this relative immunity is not a license for the judge to be negligent or abusive and arbitrary in the performance of his adjudicatory prerogatives. 14 The judge is under obligation to observe propriety, discreetness and due care in the performance of his judicial functions. 15 In the case at bar, respondent Judge fell short of these ideals.

    Judicial indolence is considered gross inefficiency punishable by a fine or suspension from service without pay with the gravity of the penalty dependent on the attendant aggravating or mitigating circumstances. 16 Therefore, we adopt the Court Administrator’s recommendation that respondent Judge be meted the penalty of fine, but in the specific amount of P20,000.00.

    WHEREFORE, respondent Judge Manuel D. Patalinghug is found GUILTY of Gross Inefficiency and is FINED the amount of P20,000.00, with STERN WARNING that a repetition of the same or similar offense in the future will be dealt with more severely. The complaint against Alberto C. Pita and the unnamed Records Custodian is DISMISSED for lack of merit.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Vitug, Carpio and Azcuna, JJ., concur.

    Endnotes:



    1. Rollo, 18–27.

    2. Id., p. 26.

    3. Id., pp. 38–48.

    4. Id., p. 47.

    5. Id., pp. 5–7.

    6. Id., pp. 59–63.

    7. Id., p. 174.

    8. Id., pp. 175 & 178.

    9. Id., pp. 168–172.

    10. Supra., note 2.

    11. Quinao v. People, G.R. No. 139603, 14 July 2000, 335 SCRA 741.

    12. People v. Quiamco, G.R. No. 96249, 17 February 1997, 268 SCRA 516; People v. Espanola, G.R. No. 119308, 18 April 1997, 271 SCRA 689.

    13. Pilipinas Bank v. Tirona-Liwag, A.M. No. CA-90-11, 18 October 1990, 190 SCRA 834.

    14. De Vera v. Dames III, A.M. No. RTJ-99-1455, 13 July 1999, 310 SCRA 213.

    15. Enojas v. Gacott, Jr., A.M. No. RTJ-99-1513, 19 January 2000.

    16. Report on the Judicial audit Conducted in RTC Branches 29 and 59, Toledo City, A.M. No. 97-9-278-RTC, 8 July 1998, 292 SCRA 8.

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


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