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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
 

   
December-2004 Jurisprudence                 

  • G.R. No. 123852 - EPITACIO R. TONGOHAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126260 - SOUTH PACHEM DEVELOPMENT, INC. v. HONORABLE COURT OF APPEALS, ET AL.

  • La Bugal-B'laan Tribal Assn v. Ramos : 127882 : December 1, 2004 : J. Chico-Nazario : En Banc : Concurring Opinion

  • La Bugal-B'Laan Tribal Assn v. Ramos : 127882 : December 1, 2004 : J. Tinga : En Banc : Separate Opinion

  • G.R. No. 131287 - PROSPERO BALGAMI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134039 - HEMINA M. ONGPAUCO, ET AL. v. THE HON. COURT OF APPEALS, ET AL.

  • G.R. No. 135253 - COMMISSIONER OF CUSTOMS v. MILWAUKEE INDUSTRIES CORPORATION

  • G.R. No. 135925 - BATELEC II ELECTRIC COOPERATIVE INC. v. ENERGY INDUSTRY ADMINISTRATION BUREAU, ET AL.

  • G.R. NOS. 137707-11 - PEOPLE OF THE PHILIPPINES v. SANDIGANBAYAN, ET AL.

  • People v. Sandiganbayan : 137707-11 : December 17, 2004 : J. Sandoval-Gutierrez : Third Division : Decision

  • G.R. No. 137881 - ISAAC DELGADO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 137916 - DEVELOPMENT BANK OF THE PHILIPPINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 138495 - ANTONIO BORBON, ET AL. v. THE COURT OF APPEALS, ET AL.

  • G.R. No. 138906 - MOISES BENTULAN, ET AL. v. AURELIA BENTULAN-MERCADO, ET AL.

  • G.R. No. 140078 - ANGELINA ZABALA ALONTO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 140518 - MANILA DIAMOND HOTEL EMPLOYEES' UNION v. THE HON. COURT OF APPEALS, ET AL.

  • G.R. NOS. 140576-99 - JOSE S. RAMISCAL, JR. v. HONORABLE SANDIGANBAYAN

  • Ramiscal Jr v. Sandiganbayan : 140576-99 : December 13, 2004 : J. Callejo Sr : Second Division : Decision

  • G.R. No. 140959 - ANA RUBENITO, ET AL. v. LOLITA LAGATA, ET AL.

  • G.R. No. 142248 - REBECCA GUTIERREZ v. THE SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, ET AL.

  • G.R. No. 144517 - ANTONIO S. QUINTANO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 147079 - A.F. SANCHEZ BROKERAGE INC. v. THE HON. COURT OF APPEALS, ET AL.

  • G.R. No. 148163 - BANCO FILIPINO SAVINGS AND MORTGAGE BANK v. JUANITA B. YBA EZ

  • G.R. No. 148173 - SUPERCARS MANAGEMENT & DEVELOPMENT CORPORATION v. THE LATE FILEMON FLORES

  • G.R. No. 127882 - LA BUGAL-B'LAAN TRIBAL ASSOCIATION, INC., ET AL. v. VICTOR O. RAMOS, ET AL.

  • Central Bank Employees Assn v. Bangko Sentral ng Pilipinas : 148208 :December 15, 2004 : J. Carpio : En Banc : Dissenting Opinion

  • Central Bank Employees Assn v. BSP : 148208 : December 15, 2004 : J. Carpio-Morales : En Banc : Dissenting Opinion

  • DISSENTING OPINION

  • G.R. No. 148786 - ROGER MANZANO v. LUZ DESPABILADERAS

  • G.R. No. 149117 - HEIRS OF CERILA GAMOS, ET AL. v. HEIRS OF JULIANO FRANDO, ET AL.

  • G.R. NOS. 151380-91 - ENGR. JOSE K. TUPAZ, ET AL. v. HON. SALVADOR Y. APURILLO, ET AL.

  • Tupaz v. Apurillo : 151380-91 : December 10, 2004 : J. Quisumbing : First Division : Decision

  • G.R. No. 152168 - HEIRS OF THE LATE SPOUSES AURELIO AND ESPERANZA BALITE v. RODRIGO N. LIM

  • G.R. No. 153911 - MELANIO MALLARI y LIBERATO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 148208 - CENTRAL BANK v. BANGKO SENTRAL NG PILIPINAS, ET AL.

  • Teves v. Teves : 154182 : December 17, 2004 : J. Tinga : En Banc : Dissenting Opinion

  • G.R. No. 154182 - EDGAR Y. TEVES, ET AL. v. THE SANDIGANBAYAN

  • G.R. No. 154305 - MACONDRAY & CO., INC. v. PROVIDENT INSURANCE CORPORATION

  • G.R. No. 154668 - WILFRED A. NICOLAS v. ANIANO A. DESIERTO

  • G.R. No. 155251 - ARNULFO EDA v. COURT OF APPEALS, ET AL.

  • G.R. No. 156160 - JOSEPH E. ESTRADA v. HON. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 156168 - EQUITABLE BANKING CORPORATION v. JOSE T. CALDERON

  • G.R. No. 156842 - SOTERO A. PUNONGBAYAN v. DANILO G. PUNONGBAYAN

  • G.R. No. 157353 - FOOD TERMINAL, INC. v. HON. REYNALDO B. DAWAY, ET AL.

  • G.R. No. 156940 - ASSOCIATED BANK v. VICENTE HENRY TAN

  • G.R. NOS. 157419-20 - LIBRADO M. CABRERA, ET AL. v. HON. SIMEON V. MARCELO, ET AL.

  • Cabrera v. Marcelo : 157419-20 : December 13, 2004 : J. Tinga : Second Division : Decision

  • G.R. No. 157494 - BACOLOD CITY WATER DISTRICT v. THE HON. EMMA C. LABAYEN, ET AL.

  • G.R. No. 157581 - MANILA INTERNATIONAL AIRPORT AUTHORITY v. AIRSPAN CORPORATION, LBC EXPRESS INC., ET AL.

  • G.R. No. 158806 - PRUDENTIAL BANK v. BUSINESS ASSISTANCE GROUP, INC., ET AL.

  • G.R. No. 158526 - D.O. PLAZA MANAGEMENT CORP. v. CO-OWNERS HEIRS OF ANDRES ATEGA, ET AL.

  • G.R. No. 159277 - PHILIPPINE SCHOOL OF BUSINESS ADMINISTRATION - QUEZON CITY v. HON. LITA S. TOLENTINO-GENILO, ET AL.

  • G.R. No. 159738 - UNION MOTOR CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 160348 - WILLI HAHN ENTERPRISES v. LILIA R. MAGHUYOP

  • G.R. No. 159962 - MAYOR ANWAR BERUA BALINDONG, ET AL. v. THE HON. COURT OF APPEALS, ET AL.

  • G.R. No. 160730 - SISTER MA. ANGELINA M. FERNANDO, R.V.M. v. HON. CESAR D. SANTAMARIA, ET AL.

  • G.R. No. 161172 - NADINE ROSARIO M. MORALES v. THE BOARD OF REGENTS OF THE UNIVERSITY OF THE PHILIPPINES

  • G.R. No. 162126 - RCL FEEDERS PTE., LTD. v. HON. HERNANDO PEREZ, ET AL.

  • G.R. No. 162852 - PHILIPPINE JOURNALISTS, INC. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 163720 - GENEVIEVE LIM v. FLORENCIO SABAN

  • A.C. No. 1536 - ROSENDO HOMERES v. QUIRINO ORIEL

  • A.C. No. 4552 - JOSE A. ROLDAN v. ATTY. NATALIO PANGANIBAN, ET AL.

  • A.C. No. 4566 - UNITY FISHING DEVELOPMENT CORPORATION v. ATTY. DANILO G. MACALINO

  • A.C. No. 6210 - FEDERICO N. RAMOS v. ATTY. PATRICIO A. NGASEO

  • A.C. No. 6289 - JULIAN MALONSO v. ATTY. PETE PRINCIPE

  • A.M. No. 02-5-107-MTCC - REQUEST OF PETER RISTIG FOR ASSISTANCE REGARDING DELAY IN THE PROCEEDINGS OF CRIMINAL CASE NO. 95227-R ENTITLED "PEOPLE OF THE PHILIPPINES VERSUS HENRY UY" PENDING AT MTCC, BRANCH 6, CEBU CITY

  • A.M. No. 04-7-373-RTC - RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE RTC, BRANCH 60, BARILI, CEBU

  • A.M. No. MTJ-02-1404 - EXEC. JUDGE HENRY B. BASILLA v. JUDGE AMADO L. BECAMON, ET AL.

  • A.M. No. MTJ-04-1529 - PROS. EDILBERTO L. JAMORA v. JUDGE JOSE A. BERSALES

  • A.M. No. MTJ-04-1552 - DANTE M. QUINDOZA v. JUDGE EMMANUEL G. BANZON

  • A.M. No. P-00-1423 - FLORENTINA DEANG v. SHERIFFS ALLEN FRANCISCO S. SICAT, ET AL.

  • A.M. No. P-02-1557 - CENON R. ALFONSO v. ARMANDO B. IGNACIO

  • A.M. No. P-04-1884 - QBE INSURANCE (PHILS.) INC. v. CRESENCIANO K. RABELLO, JR.

  • A.M. No. P-04-1886 - JUANITO AGULAN, JR. v. TERESITA S. ESTEBAN

  • A.M. No. P-04-1887 - Formerly OCA IPI No. 03-1645-P - BERNABE B. ALABASTRO v. SAMUEL D. MONCADA, SR., ET AL.

  • A.M. No. P-04-1912 - EDGARDO D. PAMINTUAN v. CLERK OF COURT EDILAIDA D. ENTE-ALCANTARA, ET AL.

  • A.M No. P-04-1925 - COURT PERSONNEL OF THE OFFICE OF THE CLERK OF COURT OF THE REGIONAL TRIAL COURT - SAN CARLOS CITY v. OSCAR LLAMAS

  • A.M. No. P-04-1928 - TEODORO M. GARCIA v. RUEL MAGCALAS

  • A.M. No. RTJ-04-1864 - ATTY. ANTONIO D. SELUDO v. JUDGE ANTONIO J. FINEZA

  • A.M. No. RTJ-04-1877 - LEONOR REYES-GARMSEN v. JUDGE SILVESTRE H. BELLO, JR.

  • Pangan v. Ganay : AM RTJ-04-1887 : December 9, 2004 : J. Callejo Sr : Second Division : Decision

  • A.M. No. RTJ-04-1889 - MA. CECILIA L. PESAYCO v. JUDGE WILLIAM M. LAYAGUE

  •  





     
     

    A.M. No. MTJ-02-1404 - EXEC. JUDGE HENRY B. BASILLA v. JUDGE AMADO L. BECAMON, ET AL.

      A.M. No. MTJ-02-1404 - EXEC. JUDGE HENRY B. BASILLA v. JUDGE AMADO L. BECAMON, ET AL.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. NO. MTJ-02-1404 : December 14, 2004]

    EXEC. JUDGE HENRY B. BASILLA, Complainant, v. JUDGE AMADO L. BECAMON, Clerk of Court LOLITA DELOS REYES and Junior Process Server EDDIE DELOS REYES, MCTC, Placer-Esperanza-Cawayan, Masbate, Respondents.


    R E S O L U T I O N


    GARCIA, J.:

    Under consideration is the sworn letter-complaint[1] (with enclosures) dated December 6, 2000 filed with the Office of the Court Administrator by herein complainant, Executive Judge Henry B. Basilla, of the Regional Trial Court, Branch 49, Cataingan, Masbate against herein respondents, namely: Judge Amado L. Becamon of the Municipal Circuit Trial Court (MCTC) of Placer-Esperanza-Cawayan, Masbate; his clerk of court Lolita delos Reyes; and process server Eddie delos Reyes, charging them with gross neglect of duty and/or grave misconduct, gross ignorance of the law and violation of Canon 3 of the Code of Judicial Conduct on the part of respondent judge, relative to Civil Case No. 288 (MCTC Case No. 263-C), entitled Visitacion Mahusay vda. de Du v. Benjamin Du, et al., an action for recovery of possession and ownership of land.

    In an earlier administrative case filed by the same complainant against the three (3) herein respondents, priorly docketed as A.M. No. MTJ-02-1438, entitled Exec. Judge Henry B. Basilia [2] v. Judge Amado L. Becamon, Clerk of Court Lolita delos Reyes and Process Server Eddie delos Reyes, this Court, in an en banc Resolution promulgated on January 22, 2004 (420 SCRA 608), found respondent Judge Amado L. Becamon liable for gross ignorance of the law and procedure and imposed upon him a fine in the amount of P21,000, while his co-respondents therein, Lolita delos Reyes and Eddie delos Reyes, were found guilty of simple neglect of duty and were each fined in the amount equivalent to one month and one day of their respective salaries.

    A close examination of A.M. No. MTJ-02-1438 and the present case, A.M. No. MTJ-02-1404, reveals that the latter case presents the same matter and raises the same issues as that of the earlier administrative case. Hereunder is our comparative study anent the complaint in both cases:

    A.M. No. MTJ-02 - 1438 arose from an Order dated April 5, 2000 issued by Executive Judge Henry B. Basilla dismissing the appeal in Civil Case No. 288 (MCTC Case No. 263-C) for being frivolous and filed out of time. In that same Order, Judge Basilla likewise required herein respondents to explain in writing why they should not be dealt with administratively. In full, said Order reads:

    O R D E R

    After considering the following facts in the record:

    1. Judgment of the court a quo dated January 15, 1999 (mailed to counsels only on March 2, 1999) was received by defendants-appellants thru counsel on March 12, 1999 (p. 369, rec.);

    2. Motion for reconsideration of the decision by defendants-appellants thru counsel was filed with the court a quo on March 15, 1999 by registered mail (p. 371, registry receipt, rec.);

    3. Order of the court a quo dated May 7, 1999 denying the motion for reconsideration (p. 381, rec.);

    4. Motion for execution of judgment dated September 9, 1999 filed with the court a quo on September 14, 1999 (rec.);

    5. Order dated February 14, 2000 of the court a quo denying motion for execution of judgment and granting defendants fifteen (15) days to appeal (p. 400, rec.);

    6. Notice of appeal filed with the court a quo on November 3, 1999 (p. 412, rec.);

    7. Appeal fee paid after four (4) months on March 14, 2000 (p. 427, rec.); andcralawlibrary

    8. Order of the court a quo dated March 14, 2000 approving the appeal. (p. 429, rec.)

    the court hereby resolved to dismiss the appeal for being filed out of time and frivolous.

    The court has observed that:

    1. Judge Amado L. Becamon, Mrs. Lolita delos Reyes and Mr. Eddie delos Reyes released the decision only after one month and a half (1 1/2) (p. 365, registry receipt, rec.) and the order dated May 7, 1999 denying the motion for reconsideration only after five (5) months (p. 381, registry receipt, rec.);

    2. Judge Amado L. Becamon extended the period of appeal fixed by the Rules (p. 400, rec.);

    3. The court still received the appeal fee on March 14, 2000 despite the lapse of the period of appeal (p. 427, rec.); andcralawlibrary

    4. Judge Amado L. Becamon still approved the appeal despite the lapse of the period of appeal (p. 429, rec.).

    And, considering the gross irregularity in the record, Judge Amado L. Becamon, Mrs. Lolita delos Reyes, Clerk of Court II, and Eddie delos Reyes, Process Server, of the 4th MCTC of Placer-Cawayan-Esperanza, Masbate are hereby ordered to explain in writing within ten (10) days from notice why they should not be dealt with administratively for grave misconduct, ignorance of law and dishonesty.

    Furnish a copy of this order to Honorable Court Administrator for his information.

    So ordered.

    On the other hand, the present case - A.M. No. MTJ-02-1404 - stemmed from a sworn letter-complaint of the same complainant against the very same respondents addressed to then Court Administrator Alfredo L. Benipayo. In said sworn letter-complaint, Judge Henry B. Basilla averred:

    In compliance with your letter dated October 25, 2000, I, in my capacity as Executive Judge, after a careful study of the record in Civil Case No. 288 (MCTC Case No. 263-C) entitled "Visitacion Mahusay vda. de Du, Plaintiff v. Benjamin Du, et al., Defendants for Recovery of Possession and Ownership of Land", hereby formally charge administratively Judge Amado L. Becamon, Mrs. Lolita delos Reyes, Clerk of Court II and Mr. Eddie delos Reyes, Junior Process Server, of MCTC of Placer-Cawayan-Esperanza, Masbate, for Gross Neglect of Duty and/or Grave Misconduct, for Ignorance of Law and for violation of Canon 3 of the Code of Judicial Conduct of 1989 (specially for Judge Amado L. Becamon) - - - committed by freezing and delaying the release of the decision and the order denying to reconsider it, for one and a half months and five months, respectively, and extending the period of appeal fixed by the rules, and for receiving the appeal fee and after which approving the appeal despite the time to do so had long elapsed.

    Attached herewith are the following documents:

    1.) Annex "A" - Order dated April 5, 2000;

    2.) Annex "B" - Judgment of the court a quo dated January 15, 1999 (mailed to counsel only on March 2, 1999, p. 365, registry receipt, rec.) was received by defendants-appellants thru counsel on March 12, 1999 (p. 369, rec.);

    3.) Annex "C" - Motion for Reconsideration of the decision by defendants-appellants thru counsel was filed with the court a quo on March 15, 1999 by registered mail (p. 371, registry receipt, rec.);

    4.) Annex "D" - Order of the court a quo dated May 7, 1999 denying the motion for reconsideration (p. 381, registry receipt, rec.);

    5.) Annex "E" - Motion for execution of judgment dated September 9, 1999 filed with the court a quo on September 14, 1999 (rec.);

    6.) Annex "F" - Order dated February 14, 2000 of the court a quo denying motion for execution of judgment and granting defendants fifteen (15) days to appeal (p. 400, rec.);

    6.) Annex "G" - Notice of appeal filed with the court a quo on November 3, 1999 (p. 412, rec.);

    8.) Annex "H" - Appeal fee paid after four (4) months on March 14, 2000 (p. 427, rec.);

    9.) Annex "I" - Order of the court a quo dated March 14, 2000 approving the appeal (p. 429, rec.).

    Clear it is from the above that both A.M. No. MTJ-02-1438 and the instant administrative case - A.M. No. MTJ-02-1404 - refer to the same subject matter, raise the same issues and involve the same parties.

    Applying the principle of res judicata or bar by prior judgment, the present administrative case becomes dismissible. Section 47, Rule 39 of the Rules of Court enunciates the rule of res judicata or bar by prior judgment, thus:

    SEC. 47. Effect of judgments or final orders. - The effect of a judgment or final order rendered by a court of the Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows:

    xxx xxx xxx

    (b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto, conclusive between the parties and their successors-in-interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity;

    Under the said doctrine, a matter that has been adjudicated by a court of competent jurisdiction must be deemed to have been finally and conclusively settled if it arises in any subsequent litigation between the same parties and for the same cause.3 It provides that [a] final judgment on the merits rendered by a court of competent jurisdiction is conclusive as to the rights of the parties and their privies; and constitutes an absolute bar to subsequent actions involving the same claim, demand, or cause of action.4 Res judicata is based on the ground that the party to be affected, or some other with whom he is in privity, has litigated the same matter in the former action in a court of competent jurisdiction, and should not be permitted to litigate it again.5

    This principle frees the parties from undergoing all over again the rigors of unnecessary suits and repetitious trials. At the same time, it prevents the clogging of court dockets. Equally important, res judicata stabilizes rights and promotes the rule of law.6

    The records reveal that the two (2) administrative cases stemmed from the same factual circumstances between the same parties. The earlier administrative case (A.M. No. MTJ-02-1438) which was already terminated in our en banc Resolution of January 22, 2004, arose when the OCA was furnished with a copy of the order dated April 5, 2000 issued by complainant Judge Henry B. Basilla. Complete record of MCTC Case No. 263-C was also transmitted to the said office, and, after evaluating the matter, Deputy Court Administrator Jose P. Perez, in his Report dated April 19, 2002, recommended that the same be re-docketed as a regular administrative matter, which recommendation was adopted by this Court in its Resolution of July 10, 2002, and accordingly had the matter docketed as A.M. No. MTJ-02-1438.

    Meanwhile, on December 6, 2000, Executive Judge Henry B. Basilla, in compliance with then Court Administrator Alfredo L. Benipayo's letter dated October 25, 2000, filed his sworn letter-complaint formally charging herein respondents for the same irregularities committed by them relative to the same MCTC Case No. 263-C. Later, in his January 16, 2002 Report, the incumbent Court Administrator, Presbitero J. Velasco, Jr., recommended the re-docketing of the present complaint as a regular administrative matter. And, in our Resolution dated February 27, 2002, we adopted said recommendation and thus docketed that very same letter-complaint as A.M. No. MTJ-02-1404. This explain why two (2) administrative cases, having identical subject matter, cause of action and involving the same parties existed.

    WHEREFORE, the instant administrative complaint is DISMISSED for being a mere duplication of the complaint in A.M. No. MTJ-02-1438 which, to stress, was already resolved by this Court in its en banc Resolution promulgated on January 22, 2004 (420 SCRA 608).

    SO ORDERED.

    Panganiban, (Chairman), Sandoval-Gutierrez, and Carpio-Morales, JJ., concur.
    Corona, J., on leave.

    Endnotes:


    1 Rollo, pp. 1-20.

    2 Should be Executive Judge Henry B. Basilla

    3 Equitable Philippine Commercial International Bank v. Hon. Court of Appeals, G.R. No. 143556, 16 March 2004.

    4 Bardillon v. Barangay Masili of Calamba, Laguna, G.R. No. 146886. 30 April 2003, 402 SCRA 441.

    5 Development Bank of the Philippines v. Court of Appeals, 357 SCRA 626 [2001].

    6 Supra.

    A.M. No. MTJ-02-1404 - EXEC. JUDGE HENRY B. BASILLA v. JUDGE AMADO L. BECAMON, ET AL.


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