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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
 

   
November-2008 Jurisprudence                 

  • A.C. No. 5851 - GRACE DELA CRUZ-SILLANO v. ATTY. WILFREDO PAUL D. PANGAN

  • A.M. No. 03-9-02-SC - RE: ENTITLEMENT TO HAZARD PAY OF SC MEDICAL AND DENTAL CLINIC PERSONNEL

  • A.M. No. 2008-13-SC - RE: VEHICULAR ACCIDENT INVOLVING SC SHUTTLE BUS NO. 3 WITH PLATE NO. SEG-357 DRIVEN BY GERRY B. MORAL, DRIVER II-CASUAL

  • A.M. No. MTJ-07-1680 Formerly OCA I.P.I. No. 07-1876-MTJ - KATIPUNAN NG TINIG SA ADHIKAIN, INC. (KATIHAN) v. JUDGE LUIS ZENON O. MACEREN, ETC.

  • A.M. No. MTJ-08-1720 Formerly A.M. OCA IPI No. 02-1267-MTJ - LOLITA ANDRADA v. HON. EMMANUEL G. BANZON

  • A.M. No. P-08-2494 Formerly OCA IPI No. 06-2399-P - RE: REPORT ON THE IRREGULARITY IN THE USE OF BUNDY CLOCK BY ALBERTO SALAMAT, SHERIFF IV, RTC-BR.80, MALOLOS CITY

  • A.M. No. P-08-2519 Formerly A.M. OCA IPI No. 05-2155-P and A.M. NO. P-08-2520 : November 19, 2008 Formerly A.M. OCA IPI No. 05-2156-P - ANONYMOUS LETTER-COMPLAINT AGAINST ATTY. MIGUEL MORALES, CLERK OF COURT, METROPOLITAN TRIAL COURT OF MANILA

  • A.M. No. P-08-2542 Formerly A.M. No. 08-1-09-RTC - OFFICE OF THE COURT ADMINISTRATOR v. CYRIL JOTIC, ET AL.

  • A.M. No. P-08-2572 Formerly OCA I.P.I. No. 08-2950-P - JUDGE ILUMINADA P. CABATO v. FELIX S. CENTINO

  • A.M. No. RTJ-07-2053 Formerly OCA IPI No. 05-2171-RTJ - LILIA RAGA v. JUDGE SIBANAH E. USMAN, RTC BR 28, CATBALOGAN, SAMAR

  • A.M. No. RTJ-08-2108 Formerly OCA I.P.I. No. 08-2-93-RTC - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ORLANDO P. DOYON, ET AL.

  • A.M. No. RTJ-08-2144 - ATTY. RAUL H. SESBREÑO v. JUDGE IRENEO L. GAKO, JR., ET AL.

  • A.M. No. RTJ-08-2146 Formerly OCA-I.P.I. No. 07-2742-RTJ - MELY HANSOR MAGPALI v. JUDGE MOISES M. PARDO

  • G.R. No. 138437 - RAMON J. QUISUMBING v. SANDIGANBAYAN, ET AL.

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  • G.R. No. 149322 - JAIME L. YANEZA v. THE HON. COURT OF APPEALS, ET AL.

  • G.R. No. 149984 and G.R. NO. 154991 - SPS ROLANDO M. ZOSA AND LUISA Y. ZOSA v. HON. SANTIAGO ESTRELLA ETC. ET AL.

  • G.R. No. 150270 - CITY ENGINEER OF BAGUIO ET AL. v. ROLANDO BANIQUED

  • G.R. No. 154491 - COCA-COLA BOTTLERS PHILS. INC. v. QUINTIN J. GOMEZ, ET AL.

  • G.R. No. 155407 - PHILIPPINE NATIONAL OIL COMPANY v. LEONILO A. MAGLASANG, ET AL.

  • G.R. No. 155635 and G.R. NO. 163979 - MARIA REBECCA MAKAPUGAY BAYOT v. THE HON. COURT OF APPEALS, ET AL.

  • G.R. No. 156029 - SANTOSA B. DATUMAN v. FIRST COSMOPOLITAN MANPOWER AND PROMOTION SERVICES, INC.

  • G.R. No. 156654 - PHILIPPINE AIRLINES, INC. v. VICENTE LOPEZ, JR.

  • G.R. No. 157870, G.R. NO. 158633 and G.R. NO. 161658 - SOCIAL JUSTICE SOCIETY (SJS) v. DANGEROUS DRUGS BOARD, ET AL.

  • G.R. No. 158312 - JOHN DY v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. 158996 - SPS FREDELICTO FLORES (DECEASED) & FELICISIMA FLORES v. SPS DOMINADOR PINEDA ETC. ET AL.

  • G.R. No. 160127 - RAFAEL P. LUNARIA v. PEOPLE OF THE PHILIPPINES

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  • G.R. No. 163443 and G.R. NO. 163568 - LIZA M. QUIROG, ET AL. v. GOV. ERICO B. AUMENTADO

  • G.R. No. 163609 - SPS. BUENA VENTURA JAYME AND ROSARIO JAYME v. RODRIGO APOSTOL, ET AL.

  • G.R. No. 163794 - REPUBLIC OF THE PHILIPPINES ETC. v. HON. NORMELITO J. BALLOCANAG ETC. ET AL.

  • G.R. No. 163942 and G.R. NO. 166295 - NUWHRAIN-APL-IUF DUSIT HOTEL NIKKO CHAPTER v. THE HON. COURT OF APPEALS, ET AL.

  • G.R. No. 164242 - DESTILERIA LIMTUACO & CO. INC., ET AL. v. ADVERTISING BOARD OF THE PHILIPPINES

  • G.R. No. 164340 - OTILIA STA. ANA v. SPOUSES LEON G. CARPO and AURORA CARPO

  • G.R. No. 164510 - SPS SANTIAGO J. TANCHAN, JR & RUFINA C. TANCHAN v. ALLIED BANKING CORPORATION

  • G.R. No. 165060 - ALBINO JOSEF v. OTELIO SANTOS

  • G.R. No. 165969 - NATIONAL POWER CORPORATION v. HEIRS OF NOBLE CASIONAN

  • G.R. NOS. 166309-10 - REPUBLIC OF THE PHILIPPINES ETC. v. UNIMEX MICRO-ELECTRONICS GMBH

  • G.R. No. 166377 - MA. ISABEL T. SANTOS v. SERVIER PHILIPPINES, INC., ET AL.

  • G.R. No. 166554 - JULITO SAGALES v. RUSTAN'S COMNMERCIAL CORPORATION

  • G.R. No. 167357 - 88 MART DUTY FREE, INC. v. FERNANDO U. JUAN

  • G.R. No. 167571 - LUIS PANAGUITON, JR. v. DEPARTMENT OF JUSTICE, ET AL.

  • G.R. No. 167622 - GREGORIO V. TONGKO v. THE MANUFACTURERS LIFE INSURANCE CO. (PHILS.), INC., ET AL.

  • G.R. No. 167755 - PEOPLE OF THE PHILIPPINES v. NESTOR VELUZ

  • G.R. No. 167805 - ARNOLD STA. CATALINA v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 167809 - LAND BANK OF THE PHILIPPINES v. JOSEFINA R. DUMLAO, ET AL.

  • G.R. No. 168819 - ALFREDO, PRECIOSA, ANGELITA & CRISOSTOMO ALL SURNAMED BUENA VETURA v. AMPARO PASCUAL & REPUBLIC OF THE PHILIPPINES

  • G.R. No. 169047 - EVA FLOYD, ET AL. v. BENJAMIN GONZALES, ET AL.

  • G.R. No. 169365 and G.R No. 169669 - SPS PEDRO SANTIAGO AND LIWANAG SANTIAGO v. THE PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. 169888 - RAMON Y. TALAGA v. HON. SANDIGANBAYAN, ET AL.

  • G.R. No. 168923 - BIENVENIDO M. CADALIN, ET AL. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 170567 - PEOPLE OF THE PHILIPPINES v. CONRADO DIOCADO

  • G.R. No. 170596 - NGO SIN SING and TICIA DY NGO v. LI SENG GIAP & SONS, INC., ET AL.

  • G.R. No. 171164 - PEOPLE OF THE PHILIPPINES v. NASARIO CASTEL

  • G.R. No. 171348 - PEOPLE OF THE PHILIPPINES v. LARRY ERGUIZA

  • G.R. NOS. 171383 & 172379 - SILKAIR (SINGAPORE) PTE. LTD. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 171961 - FERDINAND A. DELA CRUZ, ET AL. v. AMELIA G. QUIAZON

  • G.R. No. 172241 - PUREFOODS CORPORATION (NOW SAN MIGUEL PUREFOODS COMPANY, INC.) v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 172428 - HERMAN C. CRYSTAL, ET AL. v. BANK OF THE PHILIPPINE ISLANDS

  • G.R. No. 172584 - EDMUNDO Y. TORRES, JR., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 172910 - SPS LORETO LEYBA AND MATEA LEYBA v. RURAL BANK OF CABUYAO, INC. ET AL.

  • G.R. No. 173248 - PEOPLE OF THE PHILIPPINES v. DANTE NUEVA Y SAMARO

  • G.R. No. 173608 - JESUS GERALDO, ET AL. v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 173856 - DAO HENG BANK INC. NOW BANCO DE ORO UNIVERSAL BANK v. SPS LILIA & REYNALDO LAIGO

  • G.R. No. 174012 - MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY v. BENJAMIN TUDTUD, ET AL.

  • G.R. No. 174641 - NATIONAL MINES AND ALLIED WORKERS UNION v. MARCOPPER MINING CORPORATION

  • G.R. No. 175006 - BELEN A. SALVACION v. SANDIGANBAYAN & LEO H. MANLAPAS

  • G.R. No. 175049 - HEIRS OF SOFIA NANAMAN LONOY, ET AL. v. CITY OF ILIGAN, ET AL.

  • G.R. No. 175894 - NYK-FIL SHIP MANAGEMENT, INC., ET AL. v. ALFONSO T. TALAVERA

  • G.R. No. 176152 - PEOPLE OF THE PHILIPPINES v. NIDO GARTE

  • G.R. No. 176169 - ROSARIO NASI-VILLAR v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 176276 - PHILIPPINE HEALTH INSURANCE CORPORATION v. THE COURT OF APPEALS, ET AL.

  • G.R. No. 176474 - HEIRS OF ARTURO REYES REP BY EVELYN R. SAN BUENA VENTURA v. ELENA SOCCO-BELTRAN

  • G.R. No. 176484 - CALAMBA MEDICAL CENTER, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 176951 - LEAGUE OF CITIES OF THE PHILIPPINES, ET AL. v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 177353 - PEOPLE OF THE PHILIPPINES v. PANCHO ENTRIALGO

  • G.R. No. 176951 - G.R. No. 176951, G.R. No. 177499, G.R. No. 178056 - REYES - DISSENTING OPINION

  • G.R. No. 177354 - PEOPLE OF THE PHILIPPINES v. RICARDO TALAN Y DOE @ CARDING

  • G.R. No. 177356 - PEOPLE OF THE PHILIPPINES v. JOHBERT AMODIA Y BABA, ET AL.

  • G.R. No. 177414 - NOEL E. MORA v. AVESCO MARKETING CORPORATION

  • G.R. No. 177505 - HEIRS OF GORGONIO MEDINA, ET AL. v. BONIFACIO NATIVIDAD REP BY PHILIP M. NATIVIDAD

  • G.R. No. 177886 - SPOUSES LEOPOLDO AND MERCEDITA VIOLA v. EQUITABLE PCI BANK, INC.

  • G.R. No. 177947 - SPS GABRIEL LLANES AND MARIA LLANES v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 178923 - OFFICE OF THE OMBUDSMAN v. ROLANDO L. MAGNO, ET AL.

  • G.R. No. 179413 - PRISCILA R. JUSTIMBASTE v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 179802 - MAGSAYSAY MARITIME CORP., ET AL. v. JAIME M. VELASQUEZ, ET AL.

  • G.R. No. 179848 - NESTOR A. JACOT v. ROGEN T. DAL ET AL.

  • G.R. No. 180507 - PEOPLE OF THE PHILIPPINES v. NESTOR BAJADA Y BAUTISTA, ET AL.

  • G.R. No. 180597 - RAUL BASILIO D. BOAC, ET AL. v. PEOPLE OF THE PHILIPPINES

  • G.R No. 181441 - PEOPLE OF THE PHILIPPINES v. LARRY LOPEZ

  • G.R. No. 181899 - PEOPLE OF THE PHILIPPINES v. ROLLY MONTESA y LUMIRAN

  • G.R. No. 181901 - THE PEOPLE OF THE PHILIPPINES v. EMILIO MANCHU, ET AL.

  • G.R. NOS. 182136-37 - BON-MAR REALTY AND SPORT CORPORATION v. SPS NICANOR AND ESTHER DE GUZMAN, ET AL.

  • G.R. No. 182193 - PEOPLE OF THE PHILIPPINES v. FIDEL CANETE

  • G.R. No. 182348 - PEOPLE OF THE PHILIPPINES v. CARLOS DELA CRUZ

  • G.R. No. 182374 - JEMIAS V. ESTEVES v. RENE V. SARMIENTO, ET AL.

  • G.R. No. 182867 - ROBERTO LACEDA, SR. v. RANDY L. LIMENA, ET AL.

  • G.R. No. 184098 - AMADO TAOPA v. PEOPLE OF THE PHILIPPINES

  •  





     
     

    A.M. No. MTJ-08-1720 Formerly A.M. OCA IPI No. 02-1267-MTJ - LOLITA ANDRADA v. HON. EMMANUEL G. BANZON

      A.M. No. MTJ-08-1720 Formerly A.M. OCA IPI No. 02-1267-MTJ - LOLITA ANDRADA v. HON. EMMANUEL G. BANZON

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. NO. MTJ-08-1720 : November 25, 2008]
    (Formerly A.M. OCA IPI No. 02-1267-MTJ)

    LOLITA ANDRADA, Complainant, v. HON. EMMANUEL G. BANZON, Presiding Judge, Municipal Trial Court, Mariveles, Bataan, Respondent.

    R E S O L U T I O N

    REYES, R.T., J.:

    Lolita Andrada filed an administrative complaint charging respondent Hon. Emmanuel G. Banzon, Presiding Judge, Municipal Trial Court (MTC) in Mariveles, Bataan, with grave misconduct, grave abuse of authority, oppression, and gross ignorance of the Rules on Contempt under Rule 71 of the Rules of Court. The Court referred the case to Court of Appeals Justice Rosmari D. Carandang "for investigation, report and recommendation."

    On June 22, 1999, Nestor Soria filed an ejectment case against complainant Lolita Andrada and her spouse Faustino Andrada. The case, docketed as Civil Case No. 99-830, was raffled off to the sala of respondent Judge Emmanuel G. Banzon. After summary proceedings, the case was resolved in favor of Soria and the spouses Andrada were ordered to vacate the premises. This judgment was affirmed in toto by the Regional Trial Court, Branch IV, in Balanga, Bataan. After finality of the decision, the records of the case were remanded to the MTC for execution.

    The first writ of execution dated January 16, 2001 was returned unsatisfied because the spouses Andrada refused to vacate the premises. An alias writ of execution was issued by Judge Banzon on August 6, 2001. The second alias writ was returned executed but the spouses Andrada put up temporary structures in front of Soria's house, preventing him from entering the premises. This prompted Soria to file a "Motion to Cite Defendants in Contempt."

    Judge Banzon issued an Order dated June 5, 2002 granting the motion, but did not cite the Andradas in contempt of court and merely gave them a period of five (5) days to vacate the premises. Lolita Andrada filed a notice of appeal. Judge Banzon refused to accept the notice of appeal. Consequently, Lolita Andrada filed the instant administrative complaint against respondent Judge for grave abuse of authority, oppression, and gross ignorance of the Rules on Contempt under Rule 71 of the Rules of Court.

    In his comment, respondent Judge admitted that he issued the assailed June 5, 2002 Order. However, he denied the allegation that he refused to accept Andrada's appeal. He informed her that she could not appeal from the Order of June 5, 2002 since it is interlocutory in character. He further asserted that even if his assailed order could be appealed, the notice of appeal could not be entertained since Andrada failed to pay the required appellate docket fee.

    Findings and Conclusion of the Investigating Justice

    This investigating Officer finds that the complainant failed to adduce sufficient and convincing evidence to substantiate the charge that respondent Judge Emmanuel G. Banzon committed grave abuse of authority, oppression and gross ignorance of the law.

    In charging respondent judge, complainant primarily based her claim on the alleged refusal of respondent judge to accept her notice of appeal of the Order dated June 5, 2002 granting the motion to cite them in contempt of court. She averred that the notice of appeal is a proper remedy to assail the questioned Order pursuant to Section 11, Rule 71 of the Rules of Court.

    To be liable for grave abuse of authority and oppressive conduct, it must be sufficiently shown that the judge deals with lawyers and litigants in a cavalier and arrogant attitude. It should likewise be shown that the judge used intemperate, harsh and disparaging language indicative of his lack of courtesy and civility, and not a desire to instill proper decorum and discipline.

    In this case, respondent judge denied the allegation that he refused to accept complainant's notice of appeal. Yet, he admitted that he informed complainant that she could not appeal from an interlocutory order but she refused to believe relying on the erroneous advice of her counsel. The actuation of respondent judge in merely "informing" complainant that a notice of appeal is not the proper remedy can in no way be indicative of grave abuse of authority nor oppressive conduct on the part of respondent judge. Moreover, the record is bereft of evidence that respondent judge informed or instructed complainant of the erroneous notice of appeal in a discourteous manner with the intemperate use of cruel language.

    x x x

    Anent the charge of gross ignorance of the law, the same should likewise fail. To constitute gross ignorance of the law, it is not enough that the subject decision, order or actuation of the judge in the performance of his official duties is contrary to existing law and jurisprudence but, more importantly, he must be moved by bad faith, fraud, dishonesty or corruption. For to hold a judge administratively accountable for every erroneous ruling or decision he renders, would be intolerable.

    In the instant case, there is nothing to show that respondent judge was prompted by malice or corrupt motive in refusing to accept the notice of appeal nor is there clear evidence that respondent judge is ignorant of the law, as a notice of appeal is indeed not the proper remedy to question the Order of June 5, 2002.

    x x x

    Since the assailed Order is merely interlocutory, this order cannot be the subject of appeal. The respondent judge did not err in this respect. An interlocutory order determines incidental matters that do not touch on the merits of the case or put an end to the proceedings. The proper remedy to question an improvident interlocutory order is a Petition for Certiorari under Rule 65 of the Rules of Court. To avail of the special civil action for certiorari, it must be clearly shown that the court issued said order without or in excess of jurisdiction or with grave abuse of discretion.

    The reliance of complainant on Section 11, Rule 71 of the Rules of Court is therefore misplaced. Said provision speaks that a judgment or final order of the court in a case of indirect contempt may be appealed to the proper court as in criminal cases. There is no judgment or final order of indirect contempt to speak of in this case. The appeal allowed under Section 11, Rule 71 is with respect to final orders declaring a person guilty of indirect contempt and imposing punitive sanctions provided under Section 7 thereof.

    x x x

    RECOMMENDATION:

    On the basis of the foregoing findings/conclusion, there being no evidence adduced by the complainant to support her claim that respondent Judge Emmanuel Banzon committed grave abuse of authority, oppression and gross ignorance of the law, the undersigned hereby recommends that the instant administrative case be DISMISSED for lack of merit.1

    We agree with the findings of the investigating Justice.

    It is an established rule in administrative cases that complainant bears the onus of establishing or proving the averments in his complaint by substantial evidence.2 In the instant case, complainant failed to adduce evidence to support the charges against respondent Judge Emmanuel G. Banzon.

    Well-settled is the rule that unless the acts were committed with fraud, dishonesty, corruption, malice or ill-will, bad faith, or deliberate intent to do an injustice, respondent judge may not be held administratively liable for gross misconduct, ignorance of the law or incompetence of official acts in the exercise of judicial functions and duties, particularly in the adjudication of cases.

    Further, to hold a judge administratively accountable for every erroneous rule or decision he renders would be nothing short of harassment and would make his position doubly unbearable. To hold otherwise would be to render judicial office untenable, for no one called upon to try the facts or interpret the law in the process of the administration of justice can be infallible in his judgment.3

    In Ong v. Rosete,4 the High Court eloquently stated that, "[t]he Court will not shirk from its responsibility of imposing discipline upon erring members of the bench. At the same time, however, the Court should not hesitate to shield them from unfounded suits that only serve to disrupt rather than promote the orderly administration of justice. This Court could not be the instrument that would destroy the reputation of any member of the bench, by pronouncing guilt on mere speculation."5

    ACCORDINGLY, the administrative charges are DISMISSED.

    SO ORDERED.

    Endnotes:


    1 Report and Recommendation of Justice Rosmari D. Carandang, pp. 1-13.

    2 Sinnot v. Barte, A.M. No. RTJ-99-1453, December 14, 2001, 337 SCRA 162.

    3 Cordero v. Enriquez, 467 Phil. 611, 620 (2004).

    4 A.M. No. MTJ-04-1538, October 22, 2004, 441 SCRA 150.

    5 Ong v. Rosete, id. at 160-161.

    A.M. No. MTJ-08-1720 Formerly A.M. OCA IPI No. 02-1267-MTJ - LOLITA ANDRADA v. HON. EMMANUEL G. BANZON


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