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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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September-2003 Jurisprudence                 

  • A.M. No. P-03-1705 September 2, 2003 - BALDOMERO DE VERA SOLIMAN, JR. v. PRINCESITO D. SORIANO

  • G.R. No. 138238 September 2, 2003 - EDUARDO BALITAOSAN v. SECRETARY OF EDUCATION, CULTURE AND SPORTS

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  • A.C. No. 3967 September 3, 2003 - ARTEMIO ENDAYA v. WILFREDO OCA

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  • A.M. No. 02-10-614-RTC September 3, 2003 - RE: EDITORIAL OF THE NEGROS CHRONICLE AND OTHER CHARGES OF A CONCERNED CITIZEN AGAINST JUDGE ROGELIO CARAMPATAN

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  • A.M. No. MTJ-02-1430 September 8, 2003 - ROMEO B. SENSON v. HERIBERTO M. PANGILINAN

  • G.R. No. 128296 September 8, 2003 - NASIPIT LUMBER CO., ET AL. v. NATIONAL WAGES AND PRODUCTIVITY COMMISSION, ET AL.

  • G.R. No. 152957 September 8, 2003 - FAUSTINO ESQUIVEL v. EDUARDO REYES

  • A.M. No. MTJ-03-1480 September 10, 2003 - TRINIDAD CABAHUG v. JASPER JESSE G. DACANAY

  • G.R. No. 91486 September 10, 2003 - ALBERTO G. PINLAC, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107271 September 10, 2003 - CITY OF CALOOCAN, ET AL. v. MAURO T. ALLARDE, ET AL.

  • G.R. No. 125329 September 10, 2003 - ANN BRIGITT LEONARDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140762 September 10, 2003 - PEOPLE OF THE PHIL. v. ROGER C. ROXAS

  • G.R. No. 148912 September 10, 2003 - PEOPLE OF THE PHIL. v. TIMOTEO ESCARLOS

  • G.R. No. 151212 September 10, 2003 - TEN FORTY REALTY AND DEVELOPMENT CORP. v. MARINA CRUZ

  • A.M. No. P-02-1562 September 11, 2003 - ROMULO SG. VILLANUEVA v. CHARLIE C. LARCENA

  • A.M. No. RTJ-02-1742 September 11, 2003 - AVELINA MADULA v. RUTH CRUZ SANTOS

  • G.R. Nos. 136286-89 September 11, 2003 - PEOPLE OF THE PHIL. v. EFREN G. DE TAZA

  • G.R. No. 138366 September 11, 2003 - PEOPLE OF THE PHIL. v. RUBEN CAÑETE, ET AL.

  • G.R. No. 138569 September 11, 2003 - CONSOLIDATED BANK and TRUST CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144785 September 11, 2003 - YOLANDA GARCIA v. PEOPLE OF THE PHIL.

  • G.R. No. 145407 September 11, 2003 - PEOPLE OF THE PHIL. v. LEONITO HEREVESE

  • G.R. No. 151081 September 11, 2003 - TOP RATE CONSTRUCTION & GENERAL SERVICES v. PAXTON DEV’T. CORP., ET AL.

  • G.R. No. 153126 September 11, 2003 - MONTEREY FOODS CORP., ET AL. v. VICTORINO E. ESERJOSE

  • G.R. No. 153845 September 11, 2003 - EFREN P. SALVAN v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-03-1799 September 12, 2003 - MARIA CRISTINA OLONDRIZ PERTIERRA v. ALBERTO L. LERMA

  • G.R. No. 127206 September 12, 2003 - PERLA PALMA GIL v. COURT OF APPEALS, ET AL.

  • G.R. No. 135029 September 12, 2003 - PEOPLE OF THE PHIL. v. NESTOR CARRIAGA

  • G.R. No. 141600 September 12, 2003 - ROBERTO FULGENCIO, ET AL. v. NLRC, ET AL.

  • G.R. No. 144639 September 12, 2003 - PEOPLE OF THE PHIL. v. BENNY GO

  • G.R. Nos. 144972-73 September 12, 2003 - PEOPLE OF THE PHIL. v. RODOLFO JUNAS

  • G.R. No. 133365 September 16, 2003 - PLATINUM TOURS AND TRAVEL, INC. v. JOSE M. PANLILIO

  • G.R. Nos. 147814-15 September 16, 2003 - RAUL ZAPATOS v. PEOPLE OF THE PHIL.

  • G.R. No. 155278 September 16, 2003 - PRUDENCIO J. TANJUAN v. PHIL. POSTAL SAVINGS BANK

  • A.M. No. P-03-1740 September 17, 2003 - FRANKLIN Q. SUSA v. TEOFILA A. PEÑA

  • A.M. No. RTJ-01-1656 September 17, 2003 - EDGARDO D. BALSAMO v. PEDRO L. SUAN

  • G.R. No. 141120 September 17, 2003 - PEOPLE OF THE PHIL. v. FERNANDO BUENAVIDEZ

  • G.R. No. 146125 September 17, 2003 - NOVELTY PHIL., INC. v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-01-1347 September 18, 2003 - BENJAMIN TUDTUD v. MAMERTO Y. COLIFLORES

  • A.M. No. P-00-1370 September 18, 2003 - ALEJANDRO PAREDES, ET AL. v. JERRY MARCELINO

  • A.M. No. P-01-1510 September 18, 2003 - MARY ANN PADUGANAN-PEÑARANDA v. GRACE L. SONGCUYA

  • A.M. No. P-03-1691 September 18, 2003 - JOSE S. SAÑEZ v. CARLOS B. RABINA

  • A.M. No. P-03-1703 September 18, 2003 - EDNA FE F. AQUINO v. JOSE R. MARTIN

  • A.M. No. P-03-1724 September 18, 2003 - VICENTE ALVAREZ, Jr. v. JOSE R. MARTIN

  • A.M. No. P-03-1742 September 18, 2003 - SALVADOR L. BERNABE v. WINSTON T. EGUIA

  • G.R. No. 135559 September 18, 2003 - PEOPLE OF THE PHIL. v. MORENO OCUMEN

  • G.R. No. 135563 September 18, 2003 - PEOPLE OF THE PHIL. v. BOBBY P. SANCHEZ

  • G.R. No. 144913 September 18, 2003 - PEOPLE OF PHIL. v. GERONIMO C. CENIZA

  • G.R. No. 149627 September 18, 2003 - KENNETH O. NADELA v. CITY OF CEBU, ET AL..

  • G.R. No. 152351 September 18, 2003 - PEOPLE OF THE PHIL. v. JAMIL MALA

  • G.R. No. 152604 September 18, 2003 - PEOPLE OF THE PHIL. v. LEONCIO S.PEDRIGAL

  • G.R. No. 153571 September 18, 2003 - BENGUET MANAGEMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 156259 September 18, 2003 - GROGUN, INC. v. NAPOCOR

  • G.R. No. 157957 September 18, 2003 - CHARITO NAVAROSA v. COMELEC, ET AL.

  • G.R. No. 142974 September 22, 2003 - SPS. SHEM G. ALFARERO and AURELIA TAGALOG v. SPS. PETRA and SANCHO SEVILLA

  • G.R. No. 152529 September 22, 2003 - SPS. HENDRIK and ALICIA S. BIESTERBOS v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-02-1450 September 23, 2003 - RAMIRO S. DE JOYA v. AUGUSTUS C. DIAZ

  • A.M. No. MTJ-03-1509 September 23, 2003 - HELEN GAMBOA-MIJARES v. MANUEL Q. LIMSIACO, JR., ET AL.

  • A.M. No. P-03-1732 September 23, 2003 - ROSENINA O. UY, ET AL. v. LOLITA R. EDILO

  • G.R. No. 123140 September 23, 2003 - PEOPLE OF THE PHIL. v. BERNARDO CORTEZANO, ET AL.

  • G.R. No. 135446 September 23, 2003 - COMMISSIONER OF INTERNAL REVENUE v. BPI

  • G.R. No. 136729 September 23, 2003 - ASTRO ELECTRONICS CORP., ET AL. v. PHIL. EXPORT AND FOREIGN LOAN GUARANTEE CORP.

  • G.R. Nos. 138716-19 September 23, 2003 - PEOPLE OF THE PHIL. v. JOSE PILLAS

  • G.R. No. 138725 September 23, 2003 - PEOPLE OF THE PHIL. v. ALBERTO OLIVAR

  • G.R. No. 139360 September 23, 2003 - HLC CONSTRUCTION AND DEV’T. CORP., ET AL. v. EHSHA, ET AL.

  • G.R. No. 140982 September 23, 2003 - MARIO GUTIERREZ v. SINGER SEWING MACHINE COMPANY, ET AL.

  • G.R. No. 141434 September 23, 2003 - ANTONIO LO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143132 September 23, 2003 - VAN MELLE PHILS. ET AL. v. VICTOR M. ENDAYA

  • G.R. No. 144533 September 23, 2003 - JIMMY L. BARNES v. TERESITA C. REYES, ET AL.

  • G.R. Nos. 146786-88 September 23, 2003 - PEOPLE OF THE PHIL. v. ANDRES T. DAÑO

  • G.R. No. 149295 September 23, 2003 - PHILIPPINE NATIONAL BANK v. GENEROSO DE JESUS

  • G.R. No. 149370 September 23, 2003 - PEOPLE OF THE PHIL. v. MARTIN ALEJO

  • G.R. No. 150905 September 23, 2003 - CITIBANK v. EFREN S. TEODORO

  • G.R. No. 151072 September 23, 2003 - PEOPLE OF THE PHIL. v. FELIPE NATIVIDAD, ET AL.

  • G.R. No. 151931 September 23, 2003 - ANAMER SALAZAR v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. Nos. 152823-24 September 23, 2003 - RUFINA CHUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 152998 September 23, 2003 - SIMON Q. AÑONUEVO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 156295 September 23, 2003 - MARCELO R. SORIANO v. SPS. RICARDO and ROSALINA GALIT

  • G.R. No. 156983 September 23, 2003 - In the Matter of the Application for the Habeas Corpus of JOSE VICTOR RIGOR y DANAO v. The Superintendent

  • A.M. No. P-00-1418 September 24, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. CELESTINA B. CORPUZ

  • G.R. No. 124293 September 24, 2003 - JG SUMMIT HOLDINGS v. COURT OF APPEALS, ET AL.

  • G.R. No. 130087 September 24, 2003 - DIANA M. BARCELONA v. CA, ET AL.

  • G.R. No. 136726 September 24, 2003 - PANFILO V. VILLARUEL v. REYNALDO D. FERNANDO, ET AL.

  • G.R. No. 148924 September 24, 2003 - TOYOTA MOTOR PHILS. v. CA, ET AL.

  • G.R. No. 153781 September 24, 2003 - PEOPLE OF THE PHIL. v. MATEO GREGORIO, ET AL.

  • G.R. Nos. 153885 & 156214 September 24, 2003 - LEPANTO CONSOLIDATED MINING CO. v. WMC RESOURCES INTERNATIONAL PTY. LTD.

  • A.M. No. RTJ-03-1746 September 26, 2003 - ROGER F. BORJA v. ZORAYDA H. SALCEDO

  • G.R. No. 130330 September 26, 2003 - FERNANDO GO v. MICHAEL TAN and LOLITA TAN

  • G.R. No. 141217 September 26, 2003 - PEOPLE OF THE PHIL. v. EUSEBIO DUBAN

  • G.R. No. 144037 September 26, 2003 - PEOPLE OF THE PHIL. v. NOEL P. TUDTUD, ET AL.

  • A.C. No. 5480 September 29, 2003 - LEILANI OCAMPO-INGCOCO, ET AL. v. ALEJANDRO G. YRREVERRE, JR.

  • G.R. Nos. 137370-71 September 29, 2003 - PEOPLE OF THE PHIL. v. RAUL OCO

  • G.R. No. 139185 September 29, 2003 - PEOPLE OF THE PHIL. v. ALFONSO RIVERA

  • G.R. No. 148902 September 29, 2003 - PEOPLE OF THE PHIL. v. DANILO ANDRADE

  • G.R. No. 149718 September 29, 2003 - MARIO VALEROSO v. PEOPLE OF THE PHIL.

  • G.R. No. 152057 September 29, 2003 - PT & T CORP. v. COURT OF APPEALS, ET AL.

  • A.C. No. 5854 September 30, 2003 - NORA E. MIWA v. RENE O. MEDINA

  • G.R. No. 127593 September 30, 2003 - CLARA C. DE LA CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 136742-43 September 30, 2003 - PEOPLE OF THE PHIL. v. DANILO Y. ALFARO

  • G.R. Nos. 140514-15 September 30, 2003 - PEOPLE OF THE PHIL. v. JUNE IGNAS

  • G.R. No. 142751 September 30, 2003 - PEOPLE OF THE PHIL. v. RODRIGO OPELIÑA, ET AL.

  • G.R. No. 143010 September 30, 2003 - MIGUEL DANOFRATA v. PEOPLE OF THE PHIL.

  • G.R. No. 144230 September 30, 2003 - ARTURO G. MACKAY v. ADORACION G. ANGELES, ET AL.

  • G.R. No. 148332 September 30, 2003 - NATIONAL DEVELOPMENT COMPANY v. MADRIGAL WAN HAI LINES CORP.

  •  





     
     

    G.R. No. 144533   September 23, 2003 - JIMMY L. BARNES v. TERESITA C. REYES, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 144533. September 23, 2003.]

    JIMMY L. BARNES a.k.a. JAMES L. BARNES, Petitioner, v. TERESITA C. REYES, ELIZABETH C. PASION, MA. ELSA C. GARCIA, IMELDA C. TRILLO, MA. ELENA C. DINGLASAN and RICARDO P. CRISOSTOMO, Respondents.

    R E S O L U T I O N


    CORONA, J.:


    This petition for review seeks to set aside the resolution 1 of the Court of Appeals dated August 21, 2000 denying petitioner Jimmy L. Barnes a.k.a. James L. Barnes’ motion for reconsideration dated August 29, 2000 praying for the reinstatement of the Court of Appeal’s resolution 2 dated December 15, 1999 dismissing respondent Teresita C. Reyes’ petition for review.chanrob1es virtua1 1aw 1ibrary

    This case emanated from a complaint for ejectment filed by siblings Teresita C. Reyes, Elizabeth C. Pasion, Imelda C. Trillo, Ma. Elena C. Dinglasan and Ricardo P. Crisostomo against petitioner Jimmy Barnes. The Metropolitan Trial Court, Branch 35 of Quezon City ruled in favor of Teresita and her co-parties. On appeal to the Regional Trial Court, Branch 227 of Quezon City, the said decision of the Metropolitan Trial Court was reversed.

    On December 9, 1999, respondents Teresita C. Reyes and her siblings filed a petition for review in the Court of Appeals.

    In its resolution dated December 15, 1999 the Court of Appeals dismissed the petition:chanrob1es virtual 1aw library

    The verification and certification on non-forum shopping was signed only by one of the six petitioners without any showing that the signatory (Teresita C. Reyes) was duly authorized to bind her fellow petitioners. Aside from that, no written explanation was submitted why copies of the petition have to be furnished the respondents by registered mail, instead of personal service (Solar Team Entertainment v. Hon. Helen Bautista Ricafort, Et Al., 293 SCRA 661).

    The Petition for Review is denied due course and is hereby DISMISSED.

    SO ORDERED. 3

    On February 4, 2000, Teresita filed a motion for reconsideration attaching therewith the Special Power of Attorney executed by the other five petitioners specifically authorizing her to sign the verification and certification page of their petition and file it on their behalf. The Court of Appeals required petitioner Barnes to comment thereon. Petitioner complied and opposed respondents’ motion for reconsideration.

    On May 25, 2000, the Court of Appeals found respondents’ motion for reconsideration meritorious and reinstated their petition for review. Thereafter, petitioner was ordered to comment to respondents’ reinstated petition.

    On June 13, 2000, petitioner moved for the reconsideration of the aforesaid resolution of the Court of Appeals. After respondents filed their opposition thereto, the Court of Appeals, in its resolution dated August 21, 2000, denied petitioner’s motion for reconsideration for lack of merit.

    Hence, the instant petition before us.

    Petitioner Barnes contends that respondents’ petition for review in the CA suffered from two legal deficiencies. First, five out of the six respondents failed to sign the verification of their petition for review. He asserts that the subsequent filing of the Special Power of Attorney by respondents showing the authority of Teresita to file the petition in their behalf did not cure the fatal defect. Petitioner maintains that the six respondents were co-owners with equal shares of the subject property and thus were indispensable parties to the petition for review in the Court of Appeals. The subsequent compliance with the certification requirement on non-forum shopping could not excuse the failure to comply in the first instance.

    Second, respondents failed to comply with Section 11, Rule 13 of the 1997 Revised Rules of Civil Procedure requiring that pleadings and other papers must be personally served on the other party. A resort to other modes with a written explanation why the service was not made personally should have been included in the pleadings, otherwise, the pleadings should be considered as not filed.

    Petitioner opines that rules of procedure instituted by this Court should be mandatorily adhered to and observed by the members of the bench and bar, otherwise, coordination, consistency and discipline cannot be attained.chanrob1es virtua1 1aw 1ibrary

    Respondents, however, submit a contrary view. It is their position that the rule against forum-shopping was substantially complied with upon the subsequent filing of the Special Power of Attorney duly executed even before the filing of their petition for review in the Court of Appeals. The said Special Power of Attorney was not required by the rules to be attached to the petition and thus became a matter of evidence if the authority was questioned, respondents argue.

    As to the alleged non-compliance with Section 11, Rule 13 (on proof of service) of the 1997 Revised Rules on Civil Procedure, respondents claim that the rule on priorities in the modes of service and filing of pleadings is merely directory and not mandatory. In the case before the Court of Appeals, there was substantial compliance with the requirement with the attachment of the affidavit of service to the petition there.

    The petition before us must necessarily fail.

    Section 5, Rule 7 of the Revised Rules of Civil Procedure provides:chanrob1es virtual 1aw library

    . . . The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.

    x       x       x


    With respect to the contents of the certification which the pleader may prepare, the rule of substantial compliance applies. While this section requires that it be strictly complied with, in essence, what it means is that it cannot be altogether dispensed with or its requirements completely disregarded. But it does not thereby rule out substantial compliance under justifiable circumstances. The rule against forum-shopping was designed to serve as an instrument to promote and facilitate the orderly administration of justice and should not be interpreted with such absolute literalness as to subvert its ultimate objective — the goal of all rules of procedure — of achieving substantial justice as expeditiously as possible. 4

    In the instant case, the Court of Appeals correctly reconsidered the dismissal of the respondents’ petition after being informed of and presented with the authority of Teresita to sign the verification and certification of the petition, and file the same in the Court of Appeals. We note that Teresita represented her co-parties, who are her siblings, in the commencement of the action in the Metropolitan Trial Court and later in the Regional Trial Court, both in Quezon City. Her authority therein was never questioned as she was, in fact, authorized by her co-parties to handle the case.

    The Rules of Civil Procedure should be applied with reason and liberality. 5 This is called for specially because, as in the instant case, the strict application of the no forum-shopping rule will not serve the ends of justice.

    The Court of Appeals has yet to determine the rights of the parties and decide the case on the merits. Technical rules, therefore, must yield to a more resolute judgment by the Court of Appeals based on the evidence as submitted by both parties.

    Furthermore, the rule on priorities in modes of service and filing of pleadings (insofar as it refers to the effects of non-compliance) is merely directory. Section 11, Rule 13 of the 1997 Revised Rules of Civil Procedure states:chanrob1es virtual 1aw library

    Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except with respect to papers emanating from the court, a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. A violation of this Rule may be cause to consider the paper as not filed.chanrob1es virtua1 1aw 1ibrary

    The rule suggests the preferential mode of serving pleadings and other papers personally on the other party to ensure (and prove) the latter’s receipt thereof. The preference is apparent from the phrase "whenever practicable." It is then incumbent upon the court to use its discretion in determining whether substantial justice will be served (or rights unjustifiably prejudiced) if it resolves to dismiss a petition because of non-compliance with a mere directory rule. We say "directory" because of the use of the word "may." As aptly held in the case of Security Bank Corporation v. Court of Appeals: 6

    A litigation is rather a contest in which each contending party fully and fairly lays before the court the facts in issue and then, brushing aside as wholly trivial and indecisive all imperfections of form and technicalities of procedure, asks that justice be done on the merits.

    Finally, petitioner Barnes filed the instant petition pursuant to Rule 45 of the 1997 Revised Rules of Civil Procedure after the Court of Appeals denied his motion for reconsideration. However, Section 9, Rule 37 of the said rules provides that an order denying a motion for reconsideration is not appealable, the remedy being to appeal the judgment or final order itself. An order denying a motion for reconsideration is interlocutory in nature and is therefore not appealable. 7

    WHEREFORE, the petition is hereby DENIED.chanrob1es virtua1 1aw 1ibrary

    Puno, Panganiban, Sandoval-Gutierrez and Carpio Morales, JJ., concur.

    Endnotes:



    1. Penned by Associate Justice Bernardo LL. Salas and concurred in by Associate Justices Presbitero J. Velasco, Jr. and Edgardo P. Cruz.

    2. Penned by Associate Justice Bernardo LL. Salas and concurred in by Associate Justices Cancio C. Garcia and Mariano M. Umali.

    3. Records, p. 134.

    4. Dar v. Alonzo-Legasto, 339 SCRA 306 [2000].

    5. Barroso v. Ampig, Jr., 328 SCRA 530 [2000].

    6. 323 SCRA 330 [2000].

    7. People v. Court of Appeals, 322 SCRA 81 [2000].

    G.R. No. 144533   September 23, 2003 - JIMMY L. BARNES v. TERESITA C. REYES, ET AL.


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