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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.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-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

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. NO. MTJ-03-1499 : October 6, 2008]
    [Formerly A.M. OCA IPI No. 02-1310-MTJ]

    CELFRED P. FLORES, Petitioner, v. JUDGE RODOLFO B. GARCIA, Respondent.

    [A.M. NO. P-03-1752 : October 6, 2008]
    [Formerly A.M. OCA IPI No. 03-1595-P]

    JUDGE RODOLFO B. GARCIA, Petitioner, v. CELFRED P. FLORES, UTILITY WORKER, MUNICIPAL CIRCUIT TRIAL COURT, CALATRAVA, NEGROS OCCIDENTAL, Respondents.

    D E C I S I O N

    PUNO, C.J.:

    The case at bar consolidates two administrative cases filed by Judge Rodolfo B. Garcia and Utility Worker Celfred P. Flores, both of the Municipal Circuit Trial Court of Calatrava-Toboso, Negros Occidental, against each other.

    The first case, Administrative Matter No. MTJ-03-1499, is a verified Letter-Complaint1 filed on 30 September 2002 by Flores against Judge Garcia for oppression, grave misconduct, and violations of the Code of Judicial Conduct and the Code of Judicial Ethics. The second case, Administrative Matter No. P-03-1752, is a counter-charge for falsification2 filed by Judge Garcia against Flores on 12 March 2003.

    Flores complained of two incidents in the first case. The first incident took place in the afternoon of 22 July 2002 in front of the Rizal Commercial Banking Corporation (RCBC) in San Carlos City, Negros Occidental. Flores alleged that Judge Garcia boxed and hit him on the face and threatened to shoot him. The second incident took place on 24 July 2002 inside the courtroom of Judge Garcia. Respondent judge allegedly pointed a finger at Flores, ordered him to get out of the courtroom and hit him at the back part of his head as he was about to leave the courtroom in the presence of court personnel and litigants. Flores also alleged that Judge Garcia shouted saying that he could have shot him had he brought his revolver with him that day.

    Flores attached to his Letter-Complaint the affidavits of Reynaldo A. Abunda, Jr., a security guard of RCBC, and Reynaldo Barren, Clerk of Court of the Municipal Circuit Trial Court of Calatrava-Toboso, Negros Occidental. Abunda corroborated the statements of Flores regarding the incident of 22 July 20023 while Barren corroborated the claims of Flores on the incident of 24 July 2002. Flores also attached the Extract Police Report4 dated 31 July 2002 from the Police Blotter of the San Carlos City Police Station which recorded the physical injuries he sustained on 22 July 2002. He likewise attached the Extract Copy of Police Blotter5 from the Calatrava Municipal Police Station which recorded the 24 July 2002 incident.

    In his Comment6 dated 30 November 2002, Judge Garcia denied having boxed Flores. He alleged that he merely lifted his fist against Flores to express his anger over the latter's alleged immoral advances on his then already senile 78-year old wife. He averred that Flores filed the Letter-Complaint in order to cover up the latter's lewd designs on his wife and to pre-empt his filing of a falsification case. Judge Garcia also submitted an Affidavit of Retraction7 of Abunda, one of Flores' witnesses, and assailed the credibility of Barren, Flores' other witness. Barren is allegedly a liar and a falsifier who, in the past, had misappropriated the court's fiduciary bank deposit "due to extreme necessity and several downfalls in life."8 Barren was allegedly on Absence Without Leave and had not cleared his monetary liabilities despite several directives from the office. Judge Garcia also presented a Joint Affidavit9 executed by five members of his staff stating that the allegation of Flores that Judge Garcia boxed him was false and exaggerated. Finally, Judge Garcia argued that Flores should have attached a medical certificate to prove that he was indeed injured or hurt by him.

    On the counter-charge for falsification, Judge Garcia alleged that Flores falsified his Affidavit in his Letter-Complaint when he alleged that Judge Garcia boxed him in San Carlos City, Negros Occidental on 22 July 2002. Judge Garcia pointed out that the Daily Time Record10 of Flores on 22 July 2002 shows that he was in the court from 12:40 p.m. to 5:30 p.m. of that day. Judge Garcia also accused Flores of falsifying the Affidavit of Abunda who later on executed an Affidavit of Retraction. Abunda allegedly signed the Affidavit without knowing that there was a statement to the effect that Judge Garcia boxed Flores.

    Flores, in his Answer,11 accused Judge Garcia of forum shopping since the latter had already filed a similar complaint12 on 13 February 2003 against him before the Office of the Ombudsman for the Visayas. He further pointed out that Judge Garcia himself had admitted in his Comment that the first incident took place in the afternoon of 22 July 2002 near the LBC office in San Carlos City. Flores also downplays Abunda's Affidavit of Retraction and stresses that the original Affidavit was sworn to before the Assistant Provincial Prosecutor and thus enjoys the presumption of regularity. With regard to the Joint Affidavit executed by five staff members from the same court, Flores questioned the truthfulness of their statements as they were then under the supervision of Judge Garcia. Lastly, Flores considered the issue on his failure to present a medical certificate to substantiate his claim of having suffered physical injuries as hollow and argumentative.

    The Court, in a Resolution13 dated 20 October 2003, consolidated both cases and referred them to then Executive Judge Roberto S. Javellana of the Regional Trial Court of San Carlos City for investigation, report and recommendation. Judge Javellana, however, inhibited himself from hearing the cases upon the Motion for Inhibition14 filed by Judge Garcia on the ground of impartiality. Thus, in another Resolution15 of the Court dated 14 June 2004, the cases were referred to Executive Judge Pepito B. Gellada of the Regional Trial Court of Bacolod City who later requested the recall of his designation. On 22 August 2005, the Court issued another Resolution16 referring the cases to Executive Judge Roberto S. Chiongson of the Regional Trial Court of Bacolod City.

    Judge Chiongson, in his Report and Recommendation17 dated 1 December 2005, recommended that both cases be dismissed. He found that the complaint for falsification against Flores was not well-founded. He stated that part of the job of Flores as a utility worker is to do official errands for Judge Garcia. Thus, if he was in San Carlos City on 22 July 2002 and wrote in his Daily Time Record that he reported for work on the same day, such did not constitute falsification as he accompanied Judge Garcia on official business. With regard to the case filed against Judge Garcia, Judge Chiongson did not find the complaint to be serious as it did not involve graft and corruption. The investigating judge also recommended the dismissal of the case against Judge Garcia in view of the Affidavit of Retraction executed by Flores and the retirement of Judge Garcia from the service.

    The Court, through its Second Division, noted the receipt of Judge Chiongson's Report and Recommendation in a Resolution18 dated 5 April 2006 and referred the consolidated cases to the Office of the Court Administrator for evaluation, report and recommendation.

    On 12 October 2006, the Office of the Court Administrator submitted the following recommendations in its Memorandum, viz.:

    1. That Judge Rodolfo B. Garcia (Retired), Municipal Circuit Trial Court, Calatrava-Toboso, Negros Occidental, be found GUILTY of gross misconduct constituting violations of the Code of Judicial Conduct [Sec. 8(3), Rule 140 of the Rules of Court];

    2. That Judge Garcia be FINED in the amount of [P]20,500, the amount of which shall be taken from the [P]80,000 withheld by the Court in its Resolution dated June 8, 2004 in A.M. OCA IPI No. 03-1403-MTJ; and[,]

    3. That the administrative case, docketed as A.M. No. P-03-1752, against Celfred P. Flores, Utility Worker, same court, for falsification of his daily time records (sic), be DISMISSED.19

    On 23 July 2007, the Court required the parties to manifest if they are willing to submit the case for decision on the basis of the pleadings filed. The parties submitted a Joint Manifestation20 on 11 October 2007 praying that the Court dismiss both cases and consider them closed and terminated in view of their subsequent reconciliation.

    The Court issued a Resolution21 on 28 November 2007 referring the Joint Manifestation to the Office of the Court Administrator for evaluation, report and recommendation. In a Memorandum dated 16 June 2008, the Office of the Court Administrator submitted the following recommendations, viz.:

    1. the Joint Manifestation dated 11 October 2007 of Ret. Judge Rodolfo B. Garcia and Mr. Celfred P. Flores, filed in compliance with the Resolution dated 23 July 2007, praying for the dismissal of their respective cases against each other and/or for the Court to consider the same as closed and terminated, be DENIED for utter lack of merit; [and,]

    2. the recommendations in our October 12, 2006 Memorandum be taken into consideration in resolving the instant consolidated cases.22

    The subsequent reconciliation of the parties to an administrative proceeding does not strip the court of its jurisdiction to hear the administrative case until its resolution. Atonement, in administrative cases, merely obliterates the personal injury of the parties and does not extend to erase the offense that may have been committed against the public service. As succinctly put by the Memorandum of the Office of the Court Administrator:

    xxx [T]he withdrawal of an administrative complaint or subsequent desistance by the complainant does not free the respondent from liability as the purpose of an administrative proceeding is to protect the public service, based on the time-honored principle that a public office i[s] a public trust. The withdrawal of the complaint or the execution of an affidavit of desistance does not automatically result in the dismissal of the administrative case. It will not divest the Supreme Court of its jurisdiction to investigate the matters alleged in the complaint. Thus, the joint manifestation filed by the parties praying that the charges and counter-charges be dismissed should be denied. xxx To condition administrative actions upon the will of every complainant who may, for one reason or another, condone a detestable act is to strip the Court of its supervisory power to discipline erring members of the judiciary. Disciplinary proceedings of this nature involve no private interest and afford no redress for private grievance. They are undertaken and prosecuted solely for public welfare, i.e.[,] to maintain the faith and confidence of the people in the government and its agencies and instrumentalities.23

    As gleaned from the Pre-Trial Order,24 Judge Garcia admitted at the pre-trial conference to having confronted Flores on his alleged immoral advances on Mrs. Garcia. He admitted uttering the following to Flores: "Fred, you're only here, what are you doing here? If only I have a gun I will shoot you. It's better for you to elope." He also admitted pointing a finger at Flores as he ordered him to get out of the office and told him in the presence of the court personnel: "If only I have brought with me my revolver, I should have shot him."

    Judge Garcia had acted in wanton disregard of the exacting standards of conduct attached to his position as a magistrate. Judicial office circumscribes the personal conduct of a judge and imposes a number of restrictions thereon which he must pay for accepting and occupying an exalted position in the administration of justice.25 His personal behavior, not only upon the bench but also in everyday life, should be above reproach and free from the appearance of impropriety. The Code of Judicial Ethics dictates that a judge, in order to promote public confidence in the integrity and impartiality of the judiciary, must behave with propriety at all times. Being the subject of constant public scrutiny, a judge should freely and willingly accept restrictions on conduct that might be viewed as burdensome by the ordinary citizen. He should personify judicial integrity and exemplify honest public service.26 Thus, when Judge Garcia acted without exercising civility, self-restraint, prudence and sobriety even - if at all - he was indeed provoked, he did so in violation of Canon 4 of the New Code of Judicial Conduct, 27 viz.:

    CANON 4
    PROPRIETY

    Propriety and the appearance of propriety are essential to the performance of all the activities of a judge.

    SECTION 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities.

    SEC. 2. As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial office.

    An act that violates the Code of Judicial Conduct constitutes gross misconduct which is considered a serious charge under Section 8(3) of Rule 140 of the Rules of Court, viz.:

    SEC. 8. Serious charges. - Serious charges include:

    1. Bribery, direct or indirect;

    2. Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019);

    3. Gross misconduct constituting violations of the Code of Judicial Conduct;28

    4. Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding;

    5. Conviction of a crime involving moral turpitude;

    6. Willful failure to pay a just debt;

    7. Borrowing money or property from lawyers and litigants in a case pending before the court;

    8. Immorality;

    9. Gross ignorance of the law or procedure;

    10. Partisan political activities; andcralawlibrary

    11. Alcoholism and/or vicious habits.

    Under Section 11 of the same Rule, a serious charge metes out either of the following penalties, viz.:

    SEC. 11. Sanctions. - A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:

    1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits;

    2. Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or

    3. A fine of more than P20,000.00 but not exceeding P40,000.00.

    The Office of the Court Administrator has correctly noted that there are attendant mitigating circumstances in the case at bar. These include Judge Garcia's retirement, twenty years of service in the judiciary, old age, subsequent reconciliation with Flores and that the cases do not involve graft and corruption. However, these mitigating circumstances are offset by previous administrative sanctions of a fine of P5,000.00 in MTJ-00-1282 for misconduct, oppression and abuse of authority, and reprimand in MTJ-88-208 for gross ignorance of the law and grave abuse of authority.

    Prescinding from the foregoing, we uphold the imposition of a fine of P20,500.00 as recommended by the Office of the Court Administrator. The amount shall be deducted from the P80,000.00 which has been previously withheld from Judge Garcia's retirement benefits pursuant to the Court's Resolution dated 8 June 2004 in A.M. OCA IPI No. 03-1403-MTJ.29

    The case for falsification against Flores is dismissed for lack of merit. Flores' statement in his Daily Time Record that he reported for work on 22 July 2002 did not constitute falsification. If he was not within the office premises from 12:40 p.m. to 5:30 p.m. as alleged by Judge Garcia, it was because he was on official business in San Carlos City, Negros Occidental as he was acting as Judge Garcia's driver. The other charge against Flores regarding the falsification of the Affidavit of Abunda is likewise dismissed for lack of evidence to prove the same.

    IN VIEW WHEREOF, retired Judge Rodolfo B. Garcia of the Municipal Circuit Trial Court of Calatrava-Toboso, Negros Occidental is found GUILTY of gross misconduct constituting a violation of the Code of Judicial Conduct under Section 8(3) of Rule 140 of the Rules of Court. The Court hereby imposes upon Judge Garcia a FINE of Twenty Thousand Five Hundred Pesos (P20,500.00) to be deducted from the amount of P80,000.00 which was previously withheld by the Court from his retirement benefits pursuant to the Court's Resolution dated 8 June 2004 in A.M. OCA IPI No. 03-1403-MTJ. The administrative charge for falsification filed against Celfred P. Flores, also of the same court, is DISMISSED for lack of merit.

    SO ORDERED.


    Endnotes:


    * On official leave.

    1 Rollo I, 5.

    2 Dated 26 January 2003; Rollo II, 3.

    3 Rollo II, 8.

    4 Rollo I, 14.

    5 Rollo I, 15.

    6 Rollo I, 22-30.

    7 Rollo II, 9.

    8 Rollo I, 35-38.

    9 Rollo I, 31.

    10 Rollo II, 7.

    11 Rollo II, 16-18.

    12 Rollo II, 19-20.

    13 Rollo II, 48.

    14 Rollo I, 97-100.

    15 Rollo II, 83.

    16 Rollo I, 245.

    17 Rollo II, 107-108.

    18 Rollo II, 113.

    19 Memorandum, 6; Rollo II, 119. Emphases in the original.

    20 Rollo II, 122-123.

    21 Rollo II, 129.

    22 Memorandum dated 16 June 2008, 3-4; Rollo II, 133-134. Emphasis in the original.

    23 Memorandum dated 12 October 2006, 4; Rollo II, 117. Citations omitted.

    24 Rollo I, 117-120.

    25 Torcende v. Sardido, A.M. No. MTJ-99-1238, 24 January 2003, 396 SCRA 11; Rosales v. Villanueva, A.M. No. RTJ-03-1784, 17 June 2003, 404 SCRA 98.

    26 Cacatian v. Liwanag, AM No. MTJ-02-1418, 10 December 2003, 417 SCRA 350.

    27 A.M. No. 03-05-01-SC: Adopting the New Code of Judicial Conduct for the Philippine Judiciary. Manila: Supreme Court of the Philippines, 2004.

    28 Emphasis supplied.

    29 Julieta F. Ortega v. Judge Rodolfo B. Garcia.

    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


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