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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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  • 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

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  • 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. 144230   September 30, 2003 - ARTURO G. MACKAY v. ADORACION G. ANGELES, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 144230. September 30, 2003.]

    ARTURO G. MACKAY, Petitioner, v. HON. ADORACION G. ANGELES, Acting Presiding Judge, RTC, Branch 125, Caloocan City, and ANTONIO G. MACKAY, Respondents.

    R E S O L U T I O N


    QUISUMBING, J.:


    Before us is a petition for review on certiorari under Rule 45 of the Rules of Court. It seeks to annul the Decision 1 of the Court of Appeals dated April 14, 2000, in CA-G.R. SP No. 49219, denying petitioner Arturo G. Mackay’s petition for certiorari and prohibition with preliminary injunction and/or restraining order, as well as its Resolution 2 dated July 26, 2000 denying petitioner’s motion for reconsideration. The appellate court affirmed the assailed Orders 3 of the public respondent, Hon. Adoration G. Angeles, Acting Presiding Judge of the Regional Trial Court of Caloocan City, Branch 125, in Special Proceeding No. C-1814 dated July 15, 1998 4 and September 28, 1998. 5

    In that special proceeding, petitioner was appointed as regular administrator of the intestate estate of deceased Eufrocina G. Mackay on March 20, 1996. 6 After nearly twenty-four (24) months following his appointment, however, petitioner had not submitted the requisite inventory of estate assets and liabilities, nor had he paid the taxes due on the estate. This delay prompted private respondent Antonio G. Mackay to file an urgent motion on March 10, 1998 for the removal of petitioner as regular administrator. 7

    On March 30, 1998, petitioner filed his opposition 8 to the motion, which was duly set for hearing. Despite notices sent to him, petitioner failed to attend any of the scheduled dates of hearing. Consequently, an Order 9 was issued by Judge Adoracion G. Angeles on July 15, 1998 relieving petitioner as administrator of the estate and appointing private respondent as his substitute:chanrob1es virtual 1aw library

    WHEREFORE, premises considered, Arturo Mackay is hereby relieved as a regular administrator of the estate of the deceased Eufrocina Mackay and upon the filing of an administrator’s bond in the amount of P20,000.00, let letters of administration be issued to Antonio G. Mackay.

    SO ORDERED.

    In an Order 10 dated August 28, 1998, the court denied petitioner’s motion for reconsideration for utter lack of merit. A copy of this Order was received by petitioner on September 7, 1998. Twenty-two (22) days later, or on September 29, 1998, petitioner filed a notice of appeal and a record on appeal. 11 However, on September 24, 1998, the trial court had already issued letters of administration in favor of private Respondent. 12

    To enjoin the implementation of public respondent’s orders, petitioner filed on October 8, 1998, with the Court of Appeals a petition for certiorari and prohibition with preliminary injunction and/or restraining order. 13 On October 12, 1998, petitioner filed an amended petition. 14 The case was docketed as CA-G.R. SP No. 49219. On November 26, 1998, 15 the CA denied petitioner’s application for issuance of a temporary restraining order on the ground that petitioner had no clear legal right thereto.chanrob1es virtua1 1aw 1ibrary

    Finding that public respondent did not commit grave abuse of discretion amounting to lack or excess of jurisdiction in removing petitioner as regular administrator of the intestate estate of Eufrocina G. Mackay for his failure to render an accounting of the assets and liabilities of said estate and in immediately issuing letters of administration to private respondent, the appellate court dismissed the petition on April 14, 2000. The dispositive portion of said decision reads —

    WHEREFORE, the Petition for Certiorari and Prohibition with Preliminary Injunction and/or Restraining Order is DENIED and the assailed Orders dated July 15, 1998 and August 28, 1998 issued by Judge Adoracion Angeles are AFFIRMED.

    SO ORDERED. 16

    The Court of Appeals likewise denied petitioner’s motion for reconsideration on July 26, 2000 for lack of merit. Hence, this petition, in which petitioner asserts that the Court of Appeals —

    . . . COMMITTED ERRORS OF LAW AND GRAVELY ABUSED ITS DISCRETION IN NOT HOLDING THAT LETTERS OF ADMINISTRATION DATED SEPTEMBER 24, 1998 ISSUED TO PRIVATE RESPONDENT WAS PREMATURE.

    . . . COMMITTED ERROR OF LAW IN APPLYING PRESUMPTION OF REGULARITY IN THE PERFORMANCE OF OFFICIAL DUTY DESPITE THE FACT THAT THE ISSUANCE OF THE LETTERS OF ADMINISTRATION WAS PREMATURE AND IN VIOLATION OF THE PROVISION OF THE REGLEMENTARY PERIOD ON APPEALS IN SPECIAL PROCEEDINGS.

    . . . GRAVELY ABUSED ITS DISCRETION IN RESOLVING ISSUES WHICH ARE PROPER SUBJECT OF APPEAL (ORDINARY APPEAL) AND NOT RAISED IN THE PETITION. 17

    Essentially, the main question refers to the propriety of the issuance by public respondent of the Order of September 24, 1998 directing the issuance of letters of administration to private Respondent.

    Petitioner argues that the Order appointing private respondent as administrator having been appealed, the same cannot be immediately executed by granting letters of administration to private Respondent. It was erroneous for the Court of Appeals, said petitioner, to affirm public respondent’s orders since they were issued in violation of petitioner’s right to appeal and with grave abuse of discretion. Also, according to petitioner, the appellate court is guilty of having acted in excess of jurisdiction when it resolved the question of whether private respondent is qualified for appointment as administrator and the issue of the propriety of petitioner’s discharge since these issues were not raised in the petition for certiorari filed before it, petitioner added.

    In De Borja v. Tan, 18 we held that the trial court does not act with grave abuse of discretion in ordering the immediate assumption into office of one who has been appointed as administrator before the perfection of an appeal from the order appointing him as such, where sufficient reasons exist to order execution pending appeal. Section 2, Rule 39 19 of the Rules of Court allow discretionary execution where special reasons or circumstances exist. Here, the Court of Appeals affirmed the order of public respondent granting discretionary execution on the ground that the estate of Eufrocina Mackay would be left without an administrator and that the prompt settlement of the estate had already been unduly delayed. As it is the duty of trial courts in which cases are pending for the settlement of estates to expedite the proceedings, and considering further that the trial court is expressly authorized by the Rules of Court to order execution pending appeal, we find no grave abuse of discretion in the trial court’s actuations. Thus we find that the Court of Appeals also did not err in affirming the order.

    As to the third ground for the petition, suffice it to say that the rule is well-settled that in appeals by certiorari under Rule 45 of the Rules of Court, only errors of law may be raised. 20 The remedies of appeal and certiorari are mutually exclusive and not alternative or successive. 21 Certiorari as a mode of appeal under Rule 45 should be distinguished from certiorari as an original action under Rule 65. In an appeal by certiorari, the petition is based on questions of law which the appellant desires the appellate court to resolve. In certiorari as an original action, the only question that may be raised is whether or not the lower court acted without or in excess of jurisdiction or with grave abuse of discretion. 22 An allegation of grave abuse of discretion like the one made by the petitioner here, being beyond the scope of appeals by certiorari, deserves scant consideration.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the instant petition for review on certiorari is DENIED. The Decision of the Court of Appeals dated April 14, 2000, in CA-G.R. SP No. 40219, which denied petitioner Arturo G. Mackay’s petition for certiorari and prohibition with preliminary injunction and/or restraining order and its Resolution dated July 26, 2000 denying reconsideration of said decision, are hereby AFFIRMED.

    SO ORDERED.

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

    Endnotes:



    1. Rollo, pp. 79–90.

    2. Id. at 91.

    3. Id. at 103–105.

    4. Ibid.

    5. Id. at 114.

    6. CA Rollo, pp. 119–120.

    7. Id. at 8–15.

    8. Id. at 16–20.

    9. Id. at 46–48.

    10. Id. at 184.

    11. Rollo, p. 82.

    12. CA Rollo, p. 72.

    13. Id. at 2–7.

    14. Id. at 75–117.

    15. Id. at 228.

    16. Rollo, p. 89.

    17. Id. at 17.

    18. De Borja v. Tan, 93 Phil. 167, 172 (1953).

    19. SEC. 2. Discretionary execution. —

    (a) Execution of a judgment or a final order pending appeal. — On motion of the prevailing party with notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the filing of such motion, said court may, in its discretion, order execution of a judgment or final order even before the expiration of the period to appeal.

    After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court.

    Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing.

    x       x       x


    20. Reas v. Bonife, G.R. Nos. 54348-49, 17 October 1990, 190 SCRA 493.

    21. Fajardo v. Bautista, G.R. Nos. 102193-97, 10 May 1994, 232 SCRA 291.

    22. Supra, note 20.

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


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