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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
 

   
October-2008 Jurisprudence                 

  • A.C. No. 1481 - REBECCA B. ARNOBIT v. ATTY. PONCIANO P. ARNOBIT

  • ADM. CASE No. 4495 - ANTONIO DE ZUZUARREGUI, JR. v. ATTY. APOLONIA A. C. SOGUILON

  • A.C. No. 6972 - JERRY T. WONG v. ATTY. SALVADOR N. MOYA II

  • ADM. CASE NO. 7091 - JOFEL LEGASPI v. ATTYS. RAMON LANDRITO AND MAGNO TORIBIO

  • A.C. No. 7505 - Walter Wilkie v. Atty. Sinarnar E. Limos

  • A.M. No. 06-12-720-RTC - Re: DISAPPROVAL OF THE PERMANENT APPOINTMENT OF MR. GODOFREDO C. DE LEON, as Clerk III, Regional Trial Court, Branch 40, Manila by the Civil Service Commission.

  • A.M. No. 08-8-11-CA - LETTER OF PRESIDING JUSTICE CONRADO M. VASQUEZ, JR., RE: CA-G.R. SP NO. 103692

  • A.M. No. 08-1982-MTJ - DANIEL P. ALMADEN, JR. v. HON. VICTORIO L. GALAPON, JR., Presiding Judge, Municipal Trial Court, Dulag, Leyte

  • A.M. No. MTJ-03-1499 Formerly A.M. OCA IPI No. 02-1310-MTJ and A.M. NO. P-03-1752 : October 6, 2008 Formerly A.M. OCA IPI No. 03-1595-P - CELFRED P. FLORES v. JUDGE RODOLFO B. GARCIA

  • A.M. No. MTJ-08-1721 Formerly A.M. No. IPI-03-1464-MTJ - MICHAEL GAMALIEL PLATA v. JUDGE LIZABETH G. TORRES

  • A.M. No. P-02-1666 Formerly A.M. OCA IPI No. 02-1294-P - JUDGE TRANQUILINO V. RAMOS v. RODRIGO C. BICAD

  • A. M. NO. P-05-1998 Formerly OCA IPI No. 04-1879-P - MAYOR NICASIO M. RAMOS v. CYRIL T. MAYOR, Clerk III, Metropolitan Trial Court, Branch 13, Manila

  • A.M. No. P-06-2165 Formerly OCA I.P.I. No. 05-2220-P - DOLORES MOLINA, ET AL. v. ATTY. GITANJALI BONDOC, ETC.

  • A.M. No. P-06-2249 - JUDGE PLACIDO C. MARQUEZ and ATTY. LYN L. LLAMASARES v. LUCILA C. PACARIEM, Stenographer, Regional Trial Court, Branch 23, Manila

  • A.M. No. P-06-2273 Formerly OCA-I.P.I. No. 06-2435-P - JUDGE REBECCA R. MARIANO v. MARISSA R. MONDALA, Court Legal Researcher II, Regional Trial Court, Branch 136 REYES, Makati City

  • A.M. No. P-07-2402 Formerly OCA I.P.I. No. 07-2591-P - ATTY. REDENTOR S. VIAJE v. ROLANDO A. DIZON

  • A.M. No. P-08-2451 Formerly OCA IPI No. 05-2201-P - ROEL A. FERNANDEZ v. RENATO RUBILLOS, PROCESS SERVER, MUNICIPAL TRIAL COURT, ALBUERA, LEYTE

  • A.M. No. P-08-2552 Formerly OCA I.P.I. No. -06-2370-P - ROBERTO C. PASCUAL v. MARILYN M. MARTIN, Clerk of Court III, Municipal Trial Court in Cities, Branch 1, Tarlac City

  • A.M. No. RTJ-07-2034 - ATTY. NENITA CENIZA-LAYESE v. JUDGE ENRIQUE C. ASIS

  • A.M. No. RTJ-07-2050 Formerly OCA I.P.I. No. 07-2563-P - SPOUSES ARLEEN and LORNA OLIVEROS v. HON. DIONISIO C. SISON, Acting Presiding Judge, Regional Trial Court, Branch 74, Antipolo City

  • A.M. No. RTJ-07-2074 Formerly A.M. No. 07-5-18-SC - OFFICE OF THE COURT ADMINISTRATOR v. RET. JUDGE IRENEO LEE GAKO, JR., Branch Clerk of Court MANUEL G. NOLLORA, Legal Researcher NILDA D. SUYKO, Clerk of Court VII CHICO-NAZARIO, ATTY. JEOFFREY S. JOAQUIN

  • G.R. No. 121833, G.R. NO. 130752 and G.R. NO. 137801 - ABOITIZ SHIPPING CORPORATION v. COURT OF APPEALS, MALAYAN INSURANCE COMPANY, INC., COMPAGNIE MARITIME DES CHARGEURS REUNIS, and F.E. ZUELLIG (M), INC.

  • G.R. No. 133347 - ABS-CBN BROADCASTING CORPORATION, ET AL. v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141854 - ORLANDO APOSTOL v. COURT OF APPEALS, ET AL.

  • G.R. No. 135808 - SECURITIES AND EXCHANGE COMMISSION v. INTERPORT RESOURCES CORPORATION, ET AL.

  • G.R. No. 143786 - SPOUSES LOURDES V. RUTAQUIO and LEONARDO LIWANAG, and JULIAN VILLAFLOR, represented by his children, ESTER V. PUJALTE, FILIPINA VILLAFLOR MARIA GEMMA VILLAFLOR and REY CONSTANTINO VILLAFLOR v. COURT OF APPEALS, MAURA PENAMORA, and MODEST

  • G.R. No. 146141 - ERNESTO CANADA, doing business under the name and style of HI-BALL FREIGHT SERVICES v. ALL COMMODITIES MARKETING CORPORATION

  • G.R. No. 147423 - TIRSO Z. OPORTO v. MEMBERS OF THE BOARD OF INQUIRY AND DISCIPLINE OF NATIONAL POWER CORPORATION, ETC.

  • G.R. No. 148133 - HERITAGE PARK MANAGEMENT CORPORATION v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION and ELPIDIO UY, doing business under name and style of EDISON DEVELOPMENT AND CONSTRUCTION

  • G.R. No. 150180 - FLAVIO S. SUAREZ, JR., RENATO A. DE ASIS, FRANCISCO G. ADORABLE, JOVEN ANDALOC, ONOFRE G. BAGAYO, GENITO J. BANGGO, WENDELINO L. BERONDO, NAPOLEON P. BULOS, ISIDRO S. DADANG, TEODORO P. DOTARO, NOIDA T. DUNGOG, EROLITO A. EDROZO, ROBERTO

  • G.R. No. 150746 - SIMEON NICOLAS CHAN, ET AL. v. YOLANDA CHAN, ET AL.

  • G.R. No. 151309 - BISIG MANGGAGAWA SA TRYCO, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 153624 - JUDGE ADORACION G. ANGELES v. P/INSP. JOHN A. MAMAUAG, SPO2 EUGENE ALMARIO, SPO4 ERLINDA GARCIA and SPO1 VIVIAN FELIPE

  • G.R. No. 154301 - CARLOS MANANGAN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 154379 - PCI TRAVEL CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION (3rd Division) & NUBE - AMEXPEA/PCI TRAVEL EMPLOYEES UNION

  • G.R. No. 155758 - Heirs of Jose Esplana etc. v. The CA & Heirs of Pedro De Lima Represented by Jaime De Lima

  • G.R. No. 155813 - CECILIA S. BALDUEZA, ETC. v. HON. CA, ET AL.

  • G.R. No. 156850 - NATIONAL HOUSING AUTHORITY v. PERICO V. JAO, representing the estate of the late Spouses ANDREA and IGNACIO JAO TAYAG

  • G.R. No. 156882 - Banco De Oro-Epci, Inc. v. Hon. Zenaida R. Daguna etc. & Phil. Devt. & International Corp.

  • G.R. No. 156962 - VICTORIAS MILLING CO., INC. v. LUIS J. PADILLA, ET AL.

  • G.R. No. 157542 - REBECCA A. BARBO, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 157592 - PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT v. SANDIGANBAYAN (Second Division) and RODOLFO ARAMBULO (deceased), substituted by Ronald L. Arambulo

  • G.R. No. 157680 - EQUIPMENT TECHNICAL SERVICES or JOSEPH JAMES DEQUITO v. COURT OF APPEALS, ALEX ALBINO, REY ALBINO, JULIUS ABANES, MIGUEL ALINAB, CHRISTOPHER BIOL, NELSON CATONG, RENATO DULOT, FLORO PACUNDO, MARCELITO GAMAS, REYNALDO LIMA, SAMMY MESAGAL,

  • G.R. No. 157707 - Marcial Fajardo v. Hon. CA, et al.

  • G.R. No. 158997 - FORT BONIFACIO DEVELOPMENT CORPORATION v. YLLAS LENDING CORPORATION, ET AL.

  • G.R. No. 160240 - Woodridge School (Now Known as Woodridge College Inc) v. Joanne C. Pe Benito, et al.

  • G.R. No. 160338 - VENTIS MARITIME CORPORATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 160541 - RONELO POLO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 161219 - MARINDUQUE MINING AND INDUSTRIAL CORPORATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 163515 - Isidro T.Pajarillaga v. CA, et al.

  • G.R. No. 164052 - ANONAS CONSTRUCTION AND INDUSTRIAL SUPPLY CORPORATION, and ELISEO F. LIBUNAO v. NATIONAL LABOR RELATIONS COMMISSION and LARRY NAFUAR

  • G.R. No. 164326 - SEAOIL PETROLEUM CORPORATION v. AUTOCORP GROUP and PAUL Y. RODRIGUEZ

  • G.R. No. 164632 - Urethane Trading Specialist Inc v. Edwin Ong & Leticia Ong

  • G.R. No. 164964 - NATIONAL POWER CORPORATION v. MARIA BAGUI, VEDASTO BAGUI, FELICIANA BAGUI, EPIFANIA BAGUI, HEIRS OF MARGARITO MACARAIG and WIFE, represented by Dolores Macaraig, NIEVES VALDEZ and JAIME MARQUEZ

  • G.R. No. 165389 - NFD International Manning Agents and A/S VULCANUS OSLO VS NATIONAL LABOR RELATIONS COMMISSION, JOSE I. ILAGAN, JR. and CONSTANTINO CO, JR.

  • G.R. No. 165550 - STANDARD CHARTERED BANK v. STANDARD CHARTERED BANK EMPLOYEES UNION (SCBEU)

  • G.R. No. 165622 - MERCURY DRUG CORPORATION and AURMELA GANZON v. RAUL DE LEON

  • G.R. No. 166408 - TORBEN B. OVERGAARD v. ATTY. GODWIN R. VALDEZ

  • G.R. No. 166502 - FRANCISCO DE GUZMAN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 166756 - REPUBLIC OF THE PHILIPPINES v. KATRINA ISABEL SAMSON YULO

  • G.R. No. 167215 - REPUBLIC OF THE PHILIPPINES v. HEIRS OF EVARISTO TIOTIOEN

  • G.R. No. 167500 - K-PHIL., INC., SOO MYUNG PARK and NETWORK DEVELOPMENT HOLDING CORP. v. METROPOLITAN BANK & TRUST COMPANY, REGALADO E. EUSEBIO, in his capacity as Clerk of Court VI and Ex-Officio Sheriff, and REYNALDO R. CAMERINO, in his capacity as Sher

  • G.R. No. 167627 - AGUSAN DEL NORTE ELECTRIC COOPERATIVE, INC., ET AL. v. JOEL CAGAMPANG, ET AL.

  • G.R. No. 167707 and G.R. NO. 173775 - THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, THE REGIONAL EXECUTIVE DIRECTOR, DENR-REGION VI, REGIONAL TECHNICAL DIRECTOR FOR LANDS, LANDS MANAGEMENT BUREAU, REGION VI PROVINCIAL ENVIRONMENT A

  • G.R. No. 167711 - THE OFFICE OF THE OMBUDSMAN v. RAMON C. GALICIA

  • G.R. No. 168081 - ARMANDO G. YRASUEGUI v. PHILIPPINE AIRLINES, INC.

  • G.R. No. 168166 - PEOPLE OF THE PHILIPPINES v. SALVADOR C. DACO

  • G.R. No. 168299 Formerly G.R. NOS. 156927-29 - PEOPLE OF THE PHILIPPINES v. LUIS AYCARDO

  • G.R. No. 168339 - MA. GREGORIETTA LEILA C. SY v. ALC INDUSTRIES, INC., ET AL.

  • G.R. No. 168394 - AGRARIAN REFORM BENEFICIARIES ASSOCIATION, ETC. v. LORETO G. NICOLAS, ET AL.

  • G.R. No. 168448 - PEOPLE OF THE PHILIPPINES v. FAJARDO NAPUDO

  • G.R. No. 168782 - SPOUSES JOVENAL TORING and CECILIA ESCALONA-TORING v. SPOUSES ROSALIE GANZON-OLAN and GILBERT OLAN, and ROWENA OLAN

  • G.R. No. 169576 - LEONIDES MERCADO, represented by his heirs: Racquel D. Mercado, Jimmy D. Mercado, Henry D. Mercado, Louricar D. Mercado and Virgilio D. Mercado v. COURT OF APPEALS and SAN MIGUEL CORPORATION

  • G.R. No. 170585 - DAVID C. LAO, ET AL. v. DIONISIO C. LAO

  • G.R. No. 170625 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS and TF KO DEVELOPMENT CORPORATION

  • G.R. No. 171008 - CARMELITA FUDOT v. CATTLEYLA LAND, INC.

  • G.R. No. 171036 - ADELA G. RAYMUNDO, EDGARDO R. RAYMUNDO, LOURDES R. RAYMUNDO, TERESITA N. RAYMUNDO, EVELYN R. SANTOS, ZENAIDA N. RAYMUNDO, LUIS N. RAYMUNDO, JR. and LUCITA R. DELOS REYES v. ERNESTO LUNARIA, ROSALINDA RAMOS and HELEN MENDOZA

  • G.R. No. 171089 - PEOPLE OF THE PHILIPPINES v. ROGELIO PASCUAL

  • G.R. No. 171452 - PEOPLE OF THE PHILIPPINES v. RICARDO SANTOS

  • G.R. No. 171790 - BRENDO D. MERIN v. NATIONAL LABOR RELATIONS COMMISSION, THROUGH ITS THIRD DIVISION, GREAT SOUTHERN MARITIME SERVICES, CORP., AND/OR IMC SHIPPING CO., PTE., LTD.

  • G.R. No. 172053 - UNION BANK OF THE PHILIPPINES v. PACIFIC EQUIPMENT CORPORATION, ET AL.

  • G.R. No. 172370 - PEOPLE OF THE PHILIPPINES v. FLORENDA CASTRO, ET AL.

  • G.R. No. 172426 - AIR TRANSPORTATION OFFICE v. HONORABLE COURT OF APPEALS (EIGHTEENTH DIVISION) and BERNIE G. MIAQUE

  • G.R. No. 172468 - PEOPLE OF THE PHILIPPINES v. JULIE VILLACORTA GIL (A. K. A. Julie Villasorca Gil)

  • G. R. No. 172800 - MARCIANO L. MASANGCAY v. TRANS-GLOBAL MARITIME AGENCY, INC. AND VENTNOR NAVIGATION, INC.

  • G.R. No. 172901 - American Express International Inc. v. Hon. Judge Marlene Gonzales Sison etc & Maria Teresa Fernando

  • A.C. No. noxxxxx - JESUS E. VERGARA v. HAMMONIA MARITIME SERVICES, INC., ET AL.

  • G.R. No. 173454 and G.R. NO. 173456 - PHILIPPINE NATIONAL BANK v. MEGA PRIME REALTY AND HOLDINGS CORPORATION

  • G.R. No. 174154 - JESUS CUENCO v. TALISAY TOURIST SPORTS COMPLEX, INCORPORATED AND MATIAS B. AZNAR III

  • G.R. No. 174224 - MARCIAL APARECE v. J. MARKETING CORPORATION and/or ROGER L. AGUILLON

  • G.R. No. 174536 - Roberto Y. Ponciano, Jr. v. CA, et al.

  • G.R. No. 174971 - LAND BANK OF THE PHILIPPINES v. AMS FARMING CORPORATION

  • G.R. No. 175162 - Atty. Ernesto A. Tabujara III, et al. v. People of the Phil. and Daisy Afable

  • G.R. No. 175176 - NATIONAL POWER CORPORATION v. SANTA LORO VDA. DE CAPIN and SPS. JULITO QUIMCO and GLORIA CAPIN

  • G.R. No. 175587 - Philippine Commercial International Bank v. Joseph Anthony M. Alejandro

  • G.R. No. 175692 - Angel Ubales Y Velez v. People of the Philippines

  • G.R. No. 175725 - NATIONAL POWER CORPORATION v. ANGEL SUAREZ, CARLOS SUAREZ, MARIA THERESA SUAREZ, AND ROSARIO SUAREZ

  • G.R. No. 175832 - PEOPLE OF THE PHILIPPINES v. SALVADOR SANCHEZ y ESPIRITU

  • G.R. No. 176240 - ROLANDO SASAN, SR., LEONILO DAYDAY, MODESTO AGUIRRE, ALEJANDRO ARDIMER, ELEUTERIO SACIL, WILFREDO JUEGOS, PETRONILO CARCEDO and CESAR PACIENCIA v. NATIONAL LABOR RELATIONS COMMISSION 4TH DIVISION, EQUITABLE-PCI BANK and HELPMATE, INC.

  • G.R. No. 176637 - PEOPLE OF THE PHILIPPINES v. REYNALDO DELA TORRE

  • G.R. No. 176706 - MANIGO K. RAMOS v. SPOUSES PURITA G. ALVENDIA and OSCAR ALVENDIA and SPOUSES JOSE and ARACELI SEVERINO

  • G.R. No. 176724 - MAYOR KENNEDY B. BASMALA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 176943 - DANILO ALUAD, LEONORA ALUAD, DIVINA ALUAD, PROSPERO ALUAD, and CONNIE ALUAD v. ZENAIDO ALUAD

  • G.R. No. 177135 - ARTURO O. RADAZA, JULITO H. CUIZON, FERNANDO T. TAGA-AN, JR., and ROGELIO D. VELOSO v. THE HONORABLE COURT OF APPEALS, SPECIAL NINETEENTH (19th) DIVISION, OMBUDSMAN MERCEDITAS GUTIERREZ, DEPUTY OMBUDSMAN VIRGINIA PALANCA - SANTIAGO, DEPA

  • G.R. No. 177222 - PEOPLE OF THE PHILIPPINES v. RANILO DE LA CRUZ Y LIZING

  • G.R. No. 177237 - WILLIAM CHING v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 177348 - SPOUSES RAMON PATRON and LUZVIMINDA PATRON v. UNION BANK OF THE PHILIPPINES, THE INTERNATIONAL CORPORATE BANK, and THE QUEDAN AND RURAL CREDIT GUARANTEE CORPORATION

  • G.R. No. 177563 - PEOPLE OF THE PHILIPPINES v. DIOSDADO BALOBALO

  • G.R. No. 177564 - ARTURO REVITA "ALIAS" ARTHUR v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 177598 - ROBERT SAN PEDRO v. WILLY ONG and NORMITA CABALLES

  • G.R. No. 177580 - OFFICE OF THE OMBUDSMAN v. VICTORIO N. MEDRANO

  • G.R. No. 177647 - U-BIX CORPORATION and EDILBERTO B. BRAVO v. VALERIE ANNE H. HOLLERO

  • G.R. No. 177736 - MELANIE P. MONTUERTO v. HON. MAYOR ROLANDO E. TY, ET AL.

  • G.R. No. 177775 - PEOPLE OF THE PHILIPPINES v. ISAIAS DIZON

  • G.R. No. 177825 - PEOPLE OF THE PHILIPPINES v. RENE ROSAS

  • G.R. No. 177982 - FITNESS BY DESIGN, INC. v. COMMISSIONER ON INTERNAL REVENUE

  • G.R. No. 178024 - LAWRENCE B. WACNANG v. COMMISSION ON ELECTIONS and FLOYDELIA R. DIASEN

  • G.R. No. 178271 - Banco De Oro-Epci, Inc. v. Hon. Zenaida R. Daguna etc. & Phil. Devt. & International Corp.

  • G.R. No. 178405 - REYNALDO DEUS Y SANTOS v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 178443 - SPOUSES LORENZO H.LABAYEN, ET AL. v. LEONARDO. SERAFICA

  • G.R. No. 178449 - METROPOLITAN BANK AND TRUST COMPANY v. SPOUSES ELISA TAN AND ANTONIO TAN and SPOUSES LILIAN TAN AND MARCIAL SEE

  • G.R. No. 180451 - PEOPLE OF THE PHILIPPINES v. SPO1 ARNULFO A. AURE and SPO1 MARLON H. FEROL

  • G.R. No. 180512 - PEOPLE OF THE PHILIPPINES v. NOEL CUASAY

  • G.R. No. 181043 - THE PEOPLE OF THE PHILIPPINES v. MILLANO MUIT, SERGIO PANCHO, JR., EDUARDO HERMANO ALIAS "BOBBY REYES," ROLANDO DEQUILLO, ROMEO PANCHO, and JOSEPH FERRAER

  • G.R. No. 180906 - THE SECRETARY OF NATIONAL DEFENSE, ET AL. v. RAYMOND MANALO, ET AL.

  • G.R. No. 181545 - THE PEOPLE OF THE PHILIPPINES v. MARK DELA CRUZ

  • G.R. No. 182084 - LIBRADO M. CABRERA v. THE COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 182192 - PEOPLE OF THE PHILIPPINES v. AGRIPINO GUEVARRA y MULINGTAPANG alias "BOY DUNGGOL

  • G.R. No. 182232 - PEOPLE OF THE PHILIPPINES v. NENITA B. HU

  • G.R. No. 182347 - PEOPLE OF THE PHILIPPINES v. EMILIO RIVERA y CABLANG alias 'BOY'

  • G.R. No. 182421 - UCPB GENERAL INSURANCE CORPORATION v. OWNER OF M/V 'SARINDERJIT' BLUE RIVE NAVIGATION

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - AZCUNA - SEPARATE OPINION

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - BRION - CONCURRING AND DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. NO. 183591, G.R. NO. 183752, G.R. NO. 183893, G.R. NO. 183951 and G.R. NO. 183962 - THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - CARPIO - SEPARATE CONCURRING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - NACHURA - DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - YNARES-SANTIAGO - SEPARATE CONCURRING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - TINGA - SEPARATE OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - CHICO-NAZARIO - SEPARATE OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - VELASCO, JR. - DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - PUNO - SEPARATE CONCURRING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. NOS. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - REYES - SEPARATE OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183591 - G.R. NOS. 183591, 183572, 183893, 183951 and 183962 - LEONARDO-DE CASTRO - SEPARATE CONCURRING AND DISSENTING OPINION : THE PROVINCE OF COTOBATO v. THE GOV'T OF THE REPUBLIC OF THE PHILIPPINES, ET AL.

  • G.R. No. 183696 - People of the Philippines v. Nelson Arraz

  • G.R. No. 184182 - PEOPLE OF THE PHILIPPINES v. ALFREDO M. PAPA

  • G.R. No. L-26112 / G.R. No. L-30240 - REPUBLIC OF THE PHILIPPINES, ET AL. v. HON. JAIME DELOS ANGELES, ET AL.

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    A.C. No. 6972 - JERRY T. WONG v. ATTY. SALVADOR N. MOYA II

      A.C. No. 6972 - JERRY T. WONG v. ATTY. SALVADOR N. MOYA II

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.C. NO. 6972 : October 17, 2008]

    JERRY T. WONG, Complainant, v. ATTY. SALVADOR N. MOYA II, Respondent.

    D E C I S I O N

    LEONARDO-DE CASTRO, J.:

    Before us is a complaint1 dated December 1, 2003 for the disbarment of respondent Atty. Salvador N. Moya II filed by complainant Jerry T. Wong with the Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD), docketed as CBD Case No. 03-1172 for violation of Batas Pambansa 22 (B.P. 22) and non-payment of debt.

    Complainant avers that he is the owner of J & L Agro-vets, a company engaged in the business of selling agricultural and veterinary products and medicine. Sometime in 1997, he retained the services of respondent for the purpose of collecting due and demandable debts in favor of the company. Respondent also handled personal cases of complainant and his wife.

    As their relationship prospered, respondent asked financial help from complainant for the construction of his house and purchase of a car. Complainant willingly helped him. Pursuant to their arrangement, complainant purchased a car on installment basis from Transfarm for respondent. He issued postdated checks to cover its payment to Transfarm. The respondent in turn issued checks in favor of the complainant to reimburse the latter.

    The checks issued by complainant in favor of Transfarm were duly encashed upon presentment. However, the checks issued by respondent to reimburse complainant were dishonored for the reason "Account Closed." Respondent refused to comply with the repeated demands of the complainant to replace the dishonored checks.

    Furthermore, complainant introduced respondent to Quirino Tomlin and to the owner of Unisia Merchandising Corporation, from whom respondent obtained construction materials for the construction of his house on credit in the amount of P164,000.00. Respondent also failed to pay this indebtedness, which remained unsettled and thus caused embarrassment to complainant.

    Respondent as well handled another case of complainant against Berting Diwa, docketed as Civil Case No. 1482 before the Municipal Trial Court (MTC) of Sta. Maria, Bulacan. It was decided on September 21, 2000. After the decision became final and executory, complainant and his wife sought the execution of the judgment through respondent.

    On August 15, 2001, Diwa paid the amount of P15,680.50 for the satisfaction of the judgment. As complainant's counsel, respondent received the payment but he did not inform complainant about it. Complainant had knowledge of it only when he got hold of a copy of the Manifestation with Prayer to Terminate Proceedings filed by respondent before the MTC of Sta. Maria, Bulacan.

    On December 1, 2003, the IBP-CBD ordered respondent to file his answer to the complaint for disbarment within 15 days from receipt of thereof. He filed three motions for extension of time to file his responsive pleading/answer. The first motion dated January 5, 2004 asked for a 15-day extension from January 5, 2004 or until January 20, 2004 within which to file his responsive pleading. He filed on January 20, 2004 his second motion for extension of time for another 15-day or until February 4, 2004.2 On February 4, 2004, he filed a Manifestation/Explanation for Extension of Time to File Responsive Pleading/Answer/Motion to Dismiss, citing that as early as October 1, 2003, complainant's third cause of action pertaining to a debt with Unisia Merchandising was already filed in court.

    Subsequently, he filed his Motion to Dismiss3 dated February 27, 2004 on the following grounds:

    That complainant is not the proper party in interest and has no cause of action.

    That complainant has prematurely prejudged respondent relative to the latter's intention of not paying his debt as the former impresses the honorable body that respondent would not pay at all.

    That complainant's action in the Berting Diwa case should be addressed to the Municipal Trial Court of Sta. Maria, Bulacan and not to the IBP."

    In the aforesaid motion, respondent never denied and even acknowledged what he described as honest debts to Unisia Merchandising and Mr. Tomlin,4 which he admitted he was unable to pay on time due to financial constraints. He added that the IBP, being not a collection agency, was not the proper forum to lodge the complaint against him that merely concerned the collection of his monetary obligations which were then subject of pending court suits. Similarly, respondent argued that the complaint against case should be addressed to the MTC of Sta. Maria, Bulacan.

    On April 28, 2004, the IBP-CBD issued an Order5 denying respondent's motion to dismiss as it is prohibited pleading under Rule 3, Section 2 of the Rules of Procedure of the Commission. Respondent was given a new period of fifteen (15) days within which to file his verified answer.

    On May 28, 2004, respondent filed his Motion for Reconsideration6 which was denied in an Order dated June 16, 2004.7

    On June 28, 2004, respondent filed a Manifestation with Motion to Give Respondent Extension of Time to File His Answer/or Responsive Pleadings,8 requesting for a fresh period of fifteen (15) days or until July 13, 2004 to file his answer. In the Order dated June 30, 2004, respondent's motion was granted with warning that no further request for extension shall be entertained.9

    On July 13, 2004, respondent filed another Very Urgent Motion for Extension to File Answer,10 seeking another period of ten (10) days within which to file his answer or responsive pleading. On July 21, 2004, the IBP-CBD issued an Order finding the ground for extension not justifiable. Respondent was also declared in default and complainant was directed to file his verified position paper within ten (10) days from receipt of the Order, after which, the case shall be considered submitted for report and recommendation, with or without the position paper.

    On July 23, 2004, respondent filed a Manifestation with Motion to Terminate Proceedings on the Ground of Prescription, considering that six (6) months had already passed from the date of discovery of the offense.11

    On August 10, 2004, respondent filed an Omnibus Motion to Recall Order Dated July 21, 200412 in the interest of higher justice and fair play.

    On January 3, 2005, the IBP-CBD issued an Order giving both parties a period of ten (10) days to file their respective verified position paper, as follows:

    "Respondent should be informed that a "complaint for disbarment, suspension or discipline of attorneys prescribes in two (2) years from the date of the professional misconduct." (Section 1, Rule VIII, Rules of Procedure of the Commission on Bar Discipline). And records show that the acts complained of took place in 2002.

    In the interest of justice, both parties are given ten (10) days from receipt of this Order to file their respective verified position papers. After the expiration of the said period, with or without the position paper, the case shall be considered submitted for report and recommendation."

    Respondent did not file any responsive pleading at all.

    Thus, on April 27, 2005, the Investigating IBP Commissioner Rebecca Villanueva-Maala submitted her Report and Recommendation.13 She recommended that respondent be suspended from the practice of law for one (1) year. The pertinent portions of the said Report and Recommendation read as follows:

    After a careful study and consideration of the facts and evidence presented, we find merit to warrant disciplinary action against respondent. His failure to answer the complaint for disbarment despite due notice on several occasions and to appear on the scheduled hearings set, shows his flouting resistance to lawful orders of the court and illustrates his despiciency for his oath of office as a lawyer, which deserves disciplinary sanction. (Ngayan v. Tugade, 193 SCRA 779).

    Respondent's contention that there were cases already filed in court against him is of no moment. The pendency of a criminal action against a respondent from the facts of which the disciplinary proceedings is predicated, does not pose a prejudicial question to the resolution of the issues in the disbarment case (In re Brillantes, 76 SCRA 1; Calo v. Degamo, 20 SCRA 447).

    PREMISES CONSIDERED, it is hereby recommended that respondent ATTY. SALVADOR N. MOYA II be SUSPENDED for a period of ONE YEAR from receipt hereof from the practice of his profession as a lawyer and as a member of the Bar.

    RESPECTFULLY SUBMITTED.14

    On October 22, 2005, the IBP Board of Governors adopted and approved with modification the Report and Recommendation of Commissioner Maala in its Resolution No. XVII-2005-113.15 Respondent was ordered suspended from the practice of law for two (2) years with a notification that this suspension of two (2) years must be served in succession to the initial recommendation of the IBP Board of Suspension of two (2) years in CBD Case No. 03-1171, thus:

    RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, with modification, the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution as Annex "A"; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, and considering respondent's violation of B.P. 22 and for failure and refusal to comply with his obligations, Atty. Salvador N. Moya is hereby SUSPENDED from the practice of law for two (2) years, with a notification that this suspension of two years must be served in succession to the initial recommendation of the IBP Board of Suspension of two years in CBD Case No. 03-1171.16

    On January 12, 2006, respondent through counsel filed with the Office of the Bar Confidant (OBC) a notice informing it that respondent is filing an Appeal Memorandum. On the same date, respondent filed his Appeal Memorandum with the following assignment of errors:

    I

    THE BOARD OF GOVERNORS OF THE INTEGRATED BAR OF THE PHILIPPINES ERRED IN RECOMMENDING RESPONDENT'S SUSPENSION FORM THE PRACTICE OF LAW FOR TWO (2) YEARS FOR HAVING ALLEGEDLY FAILED TO FILE HIS ANSWER ON THE COMPLAINT FOR DISBARMENT DESPITE DUE NOTICE.

    II

    THE BOARD OF GOVERNORS OF THE INTEGRATED BAR OF THE PHILIPPINES ERRED IN RECOMMENDING RESPONDENT'S SUSPENSION FROM THE PRACTICE OF LAW FOR TWO (2) YEARS FOR HAVING ALLEGEDLY VIOLATED BATAS PAMBANSA BLG. 22, OTHERWISE KNOWN AS THE BOUNCING CHECKS LAW.

    III

    THE BOARD OF GOVERNORS OF THE INTEGRATED BAR OF THE PHILIPPINES ERRED IN RECOMMENDING RESPONDENT'S SUSPENSION FROM THE PRACTICE OF LAW FOR TWO (2) YEARS FOR HAVING ALLEGEDLY REFUSED TO SETTLE HIS OBLIGATIONS.

    On January 31, 2006, the Court issued a Resolution noting the aforesaid Notice of Resolution No. XVII-2005-113 dated October 22, 2005 of the IBP.17

    On various dates,18 the Court issued Resolutions noting the following pleadings filed by the respondent:

    1. Appeal Memorandum filed on January 12, 2006;

    2. Manifestation/Supplement 19 to the Appeal Memorandum With Motion to Give Due Course To said Pleading More So That The IBP Had Gone Beyond the Period Provided For By Law To Conduct Investigation As In The Case of Malonzo v. Principe, 447 SCRA 1.

    3. Urgent Manifestation with Motion to Remand the Case to the IBP-CBD and Treat the Appeal Memorandum as Motion for Reconsideration to the Resolution of the IBP-CBD filed on November 3, 2006.

    At the outset, respondent's Urgent Manifestation with Motion to Remand the Case to the IBP-CBD and Treat the Appeal Memorandum as Motion for Reconsideration to the Resolution of the IBP-CBD, is denied. It is not necessary to remand this case to the IBP because the latter no longer have jurisdiction over the case which had already been endorsed to this Court for final action. Rule 139-B, - 12(b) of the Rules of Court provides:

    Section 12. - Review and decision by the Board of Governors.

    X x x

    (b) If the Board, by the vote of a majority of its total membership, determines that the respondent should be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its findings and recommendations which, together with the whole record of the case, shall forthwith be transmitted to the Supreme Court for final action.

    Regarding the merits of the case, we sustain the findings and conclusions of Commissioner Villanueva-Maala, as approved, adopted and modified by the IBP Board of Governors.

    Respondent was charged for having failed to pay his debts and for issuing worthless checks as payment for his loan from complainant and the latter's friends which were incurred at the time when he was engaged as complainant's counsel. He did not deny the aforesaid allegations but he contended that he committed neither a violation of the Code of Professional Responsibility nor any dishonest, immoral or deceitful conduct because he never denied his debts and he was only unable to pay them on time due to financial constraints.

    Respondent's contention is untenable.

    Under Sec. 27, Rule 138 of the Rules of Court, a member of the Bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority to do so.20

    In Lao v. Medel,21 we ruled as follows:

    Canon 1 of the Code of Professional Responsibility mandates all members of the Bar to obey the laws of the land and promote respect for law. Rule 1.01 of the Code specifically provides that "[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct." In Co v. Bernardino, [A.C. No. 3919, January 28, 1998, 285 SCRA 102] the Court considered the issuance of worthless checks as violation of this Rule and an act constituting gross misconduct.

    Moreover, in Cuizon v. Macalino,22 we also ruled that the issuance of checks which were later dishonored for having been drawn against a closed account indicates a lawyer's unfitness for the trust and confidence reposed on him, shows such lack of personal honesty and good moral character as to render him unworthy of public confidence, and constitutes a ground for disciplinary action. Similarly, Sanchez v. Somoso23 held that the persistent refusal to settle due obligations despite demand manifests a lawyer's low regard to his commitment to the oath he has taken when he joined his peers, seriously and irreparably tarnishing the image of the profession he should, instead, hold in high esteem. This conduct deserves nothing less than a severe disciplinary action.

    Clearly, therefore, the act of a lawyer in issuing a check without sufficient funds to cover the same constitutes such willful dishonesty and immoral conduct as to undermine the public confidence in the legal profession. He cannot justify his act of issuing worthless checks by his dire financial condition. Respondent should not have contracted debts which are beyond his financial capacity to pay. If he suffered a reversal of fortune, he should have explained with particularity the circumstances which caused his failure to meet his obligations. His generalized and unsubstantiated allegations as to why he reneged in the payment of his debts promptly despite repeated demands and sufficient time afforded him cannot withstand scrutiny.

    The Court finds unmeritorious the justification of the respondent as to his failure to immediately deliver to the complainant the payment made by Diwa for the satisfaction of the judgment in Civil Case No. 1482 of the MTC of Sta. Maria, Bulacan. Respondent is accused of delay in the delivery of the sum of money due to his client. His failure to explain such delay cannot be excused by his bare allegation that the same had already been transmitted to the complainant.

    His conduct in the course of the IBP proceedings in this case is also a matter of serious concern. He submitted a motion to dismiss after requesting several extensions of time to file his answer. His failure to attend the hearings and belated plea to dismiss the case, despite orders to the contrary, show a callous disregard of the lawful orders of the duly constituted authority, which caused undue delay in the IBP proceeding. This conduct runs counter to the precepts of the Code of Professional Responsibility24 and violates the lawyer's oath which imposes upon every member of the bar the duty to delay no man for money or malice. Respondent has failed to live up to the values and norms of the legal profession as embodied in the Code of Professional Responsibility.

    We stress that membership in the legal profession is a privilege burdened with conditions. Adherence to the rigid standards of mental fitness, maintenance of the highest degree of morality and faithful compliance with the Rules of the Legal Profession are the conditions required for remaining a member of good standing of the bar and for enjoying the privilege to practice law. The Supreme Court, as guardian of the legal profession, has ultimate disciplinary power over attorneys. This authority to discipline its members is not only a right but a bounden duty as well.25 Sadly, herein respondent's conduct falls short of the exacting standards expected of him as a member of the legal profession. Accordingly, administrative sanction is warranted by respondent's gross misconduct.

    We come now to the penalty imposable in this case. In Co v. Bernardino26 and Lao v. Medel27 we held that the deliberate failure to pay just debts and the issuance of worthless checks constitute gross misconduct, for which a lawyer may be sanctioned with one-year suspension from the practice of law.

    However, in this case, we deem it reasonable to affirm the sanction imposed by the IBP-CBD, i.e., respondent was ordered suspended from the practice of law for two (2) years, because aside from issuing worthless checks and failure to pay his debts, respondent also had seriously breached his client's trust and confidence to his personal advantage and had shown a wanton disregard of the IBP's Orders in the course of its proceedings.

    WHEREFORE, Resolution No. XVII-2005-113 dated October 22, 2005 of the IBP which found that respondent Atty. Salvador N. Moya II is guilty of gross misconduct and violation of the Code of Professional Responsibility is AFFIRMED in toto. He is hereby SUSPENDED for two years from the practice of law, effective upon his receipt of this Decision. He is warned that a repetition of the same or a similar act will be dealt with more severely.

    Let copies of this Decision be served on the Court Administrator who shall circulate it to all courts for their information and guidance as well as the Office of the Bar Confidant, which is directed to append a copy to respondent's personal record. Let another copy be furnished the National Office of the Integrated Bar of the Philippines.

    SO ORDERED.

    Endnotes:


    1 Rollo, pp. 1-9.

    2 Report and Recommendation of the IBP, rollo at 145; Respondent's Appeal Memorandum, rollo at 116-117.

    3 Rollo, p. 28.

    4 Id., pp. 37-49.

    5 Annex "I" - Appeal Memorandum.

    6 Annex "J" - Appeal Memorandum.

    7 Annex "K" - Id.

    8 Annex "L" - Id.

    9 Annex "O" - Id.

    10 Annex "M" - Id.

    11 Annex "N" - Appeal Memorandum.

    12 Annex "P" - Appeal memorandum.

    13 Annex "B."

    14 Annex "B."

    15 Annex "1."

    16 Annex "1."

    17 Rollo at 110.

    18 (1) June 20, 2006; noting the Manifestation/Supplement to the Appeal Memorandum; (2) July 11, 2006, noting respondent's Appeal Memorandum; and (3) December 5, 2006, noting the Urgent Manifestation with Motion to remand the case to the IBP.

    19 Filed on March 14, 2006.

    20 Michael P. Barrios v. Atty. Francisco P. Martinez, A.C. No. 4585, November 12, 2004, 442 SCRA 332.

    21 A.C. No. 5916, July 1, 2003, 405 SCRA 232-233, citing the case of Co v. Bernardino, A.C. No. 3919, January 28, 1998, 285 SCRA 102.

    22 A.C. No. 4334, July 7, 2004, 433 SCRA 484.

    23 Sanchez v. Somoso, A.C. No. 6061, October 3, 2003, 412 SCRA 569, 572.

    24 "Canon 1. A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes.

    x x x

    "Canon 7. A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar.

    x x x

    "Rule 7.03. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor should he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession."

    25 Dumadag v. Lumaya, A.C. No. 2614, June 29, 2000, 334 SCRA 513, 521.

    26 A.C. No. 3919, January 28, 1998, 285 SCRA 102.

    27 A.C. No. 5916, July 1, 2003, 405 SCRA 232-233.

    A.C. No. 6972 - JERRY T. WONG v. ATTY. SALVADOR N. MOYA II


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