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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. 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-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

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [ADM. MATTER NO. P-05-1998 : October 24, 2008]
    (Formerly OCA IPI No. 04-1879-P)

    MAYOR NICASIO M. RAMOS, Complainant, v. CYRIL T. MAYOR, Clerk III, Metropolitan Trial Court, Branch 13, Manila, Respondent.

    D E C I S I O N

    PER CURIAM:

    Complainant Nicasio M. Ramos, Municipal Mayor, Cajidiocan, Romblon, filed an administrative complaint against respondent Cyril T. Mayor, Clerk III, Metropolitan Trial Court, Branch 13, Manila, charging him with "Gross Misrepresentation, Dishonesty and Falsification of Public Document" relative to certain misdeclarations in his accomplished Personal Data Sheet (PDS), dated February 19, 2003, as submitted to the Office of the Court Administrator (OCA) and the Civil Service Commission.

    In his Amended Complaint dated December 22, 2003 and filed on February 18, 2004, 1 complainant alleged that respondent willfully, deliberately, and unlawfully submitted his PDS dated February 19, 2003, which is a public record, with the following false entries and, thus, rendered himself unfit for appointment to his present position, to wit:

    (1) In answer to Question No. 25, respondent placed two (2) check marks corresponding to "NO" and wrote "N/A" (meaning, not applicable) on the space provided to the queries, "Do you have any pending a) administrative case? b) criminal case? If you have any, give details of the offense." Complainant asserted that respondent failed to state that he was one of the four (4) accused in Criminal Case No. 00-1523, entitled "People of the Philippines v. Gilbert R. Minano, Cyril T. Mayor, Marvin Arboleda, and Manuel R. Recto" for libel, filed with the Regional Trial Court, Branch 82, Odiongan, Romblon by Prosecutor Petroni F. Fradejas on September 5, 2002;

    (2) In answer to Question No. 28, respondent placed a check mark corresponding to "NO" and wrote "N/A" (meaning, not applicable) on the space provided to the query, "Have you ever been retired, forced to resign or dropped from employment in the public and private sectors?" Complainant pointed out that respondent was one of those who joined the mass protest/strike against the management of Light Railway Transit Authority (LRTA) and, by reason thereof, his employment was terminated; andcralawlibrary

    (3) In answer to Question No. 29, respondent placed a check mark corresponding to "NO" to the query, "Have you ever been a candidate in a national or local election (except barangay election)? If 'YES,' give date of election and other particulars." Complainant insisted that respondent did not declare that he ran for the position of Sangguniang Bayan member in Cajidiocan, Romblon during the May 2001 local elections but lost.

    In his Comment dated May 7, 2004, 2 respondent invoked good faith and denied any dishonesty on his part:

    I respectfully submit that my answers in the Personal Data Sheet adverted to are not willful, deliberate and unlawful nor dishonest. If at all, the answers are based on wrong perception or lack of attention borne of complacency but not of intention to be dishonest.

    With respect to the criminal case for libel, I was under the impression that since the prosecution's resolution is on appeal with the Department of Justice, the case is not yet in court and, therefore, it cannot be said that there is a pending criminal case in court against me because the finding of probable cause by the fiscal may yet be reversed and the case will not reach the court. It is only now that I have verified that with the filing of the information and the issuance of the warrant of arrest, the court has acquired jurisdiction over the case and, therefore, there is now a pending criminal case against me.

    As regards Question No. 28, I understand from my companions at LRTA that our case for reinstatement is pending on appeal and, therefore, my employment status with said agency is still hanging in the balance. I did not retire, not being of retirement age, I did not resign or abandon my employment, and granting without conceding that I was dropped from employment, the matter is still to be resolved in the various cases filed with the National Labor Relations [Commission] by separate groups of LRTA employees. This is probably the reason that I answered No to the question.

    As regards the question of whether I had been a candidate in an election, I do not quite remember why I answered No. It is possible that I was inattentive to the import of the question. The fact is it did not enter my mind that an erroneous answer may adversely affect [my] application. [I] was complacent but certainly not intentionally dishonest because what was foremost in my mind was that I have the qualifications for the job and would get it on such basis x x x.

    I categorically declare that the erroneous answers, granting that they are, are not dictated by a deliberate intention to lie and be dishonest. They are innocuous in the main and do not refer to my qualifications for the position which is possibly why I was complacent and inattentive and if this Honorable Court deigns to punish me for the lapse, I beg this Honorable Court to temper the punishment with Christian compassion and not to mete the supreme penalty of dismissal because this would also make my family suffer for errors which they had no participation.

    The OCA found that the erroneous entries made by respondent in his PDS constituted falsification of public document and dishonesty and, thus, recommended that he be dismissed from the service with forfeiture of any retirement benefits. The pertinent portions of the OCA's Memorandum dated November 12, 2004 3 state:

    The Code of Conduct and Ethical Standards for Public Officials and Employees, Republic Act [No.] 6713, enunciates the State's policy of promoting a high standard of ethics and utmost responsibility in the public service (Alain v. Alauya, 268 SCRA 628) and no other office in the government service exacts a greater demand for moral righteousness and uprightness from an employee than in the judiciary (Rabe v. Flores, 272 SCRA 415). Dishonesty and falsification are malevolent acts that have no place in the judiciary.

    Given the foregoing, the Court lets it known to all that adherence to its stringent policy on the judiciary employees' qualifications and conduct shall not be compromised. The court condemns and would never countenance any conduct, act or omission of all those involved in the administration of justice which would violate the norm of public accountability and diminish or even just tend to diminish the people's faith in the judiciary (OCA v. Cabe, 334 SCRA 348).

    In A.M. No. OCA-01-5 (CSC v. Reynaldo B. Sta. Ana, August 1, 2004), respondent stated in his Personal Data Sheet that he passed the career service professional examination when in truth, upon verification, he did not, leading to the conclusion that he submitted a false certificate of eligibility. Such act made respondent liable for falsification of a document by making an untruthful statement in a narration of facts under Article 171, par. 4 of the Revised Penal Code as well as for the use of falsified documents under Art. 172 of the same Code.

    The accomplishment of the Personal Data Sheet being a requirement under the Civil Service Rules and Regulations in connection with employment in the government, the making of an untruthful statement therein was therefore intimately connected with such employment. This is the Court's ruling in Inting v. Tanodbayan, 97 SCRA 494, and in Belosillo v. Rivera, 341 SCRA 1, the Court held that since truthful completion of PDS is a requirement for employment in the Judiciary, the importance of answering the same with candor need not be gainsaid.

    Herein respondent's act of making a false statement in his PDS renders him administratively liable for falsification and dishonesty. It is considered a grave offense sanctioned by the Civil Service Rules pursuant to the Administrative Code of 1987 with the corresponding penalty of dismissal from service upon commission of the first offense.

    Respondent's use of false document for his benefit prejudiced the other applicants who were genuinely qualified for the position and it did not matter whether or not it caused an actual injury to a third person. In People v. Po Giok To, 96 Phil. 913, it was held that when official documents are falsified, "the intent to injure a third person need not be present because the principal thing punished is the violation of the public faith and the destruction of the truth as therein proclaimed." By making a false statement in his PDS to enhance his qualification and increase his chances of being considered for employment, which in fact happened because he was issued an appointment as Clerk III, respondent prejudiced the other qualified aspirant to the same position.

    Respondent Mayor tries to justify the false entries in his PDS but his explanation borders on incredulity. He cites wrong perception, lack of attention and complacency as the culprits. On all three (3) questions, his wrong answers favor him personally as he has interest to the position he applied for. Contrary answers could have adverse effect on his employment application.

    In fairness, the respondent may be given the benefit of the doubt. But then again, this Office is of the belief that respondent was aware of his answer to the PDS questions because he lied not only once but thrice. Further, if respondent was not dishonest and did not lie with deliberate intent, what is in doubt then is his competence and seriousness in making entries in an official document. The making of such entries should be handled with prudence, caution and candidness expected of a job applicant but he unfortunately failed to exercise them. The qualifications required of a public servant or a would-be government employee is thus found to be sadly lacking in his character and traits.

    In the recent case of Judge Jose S. SaƱez v. Carlos B. Babina, A.M. No. P-03-1691, September 18, 2003, respondent's conduct of making untruthful statement in a narration of facts in his personal data sheets constitutes dishonesty as well as falsification defined and penalized under Article 171 of the Revised Penal Code. It goes on saying that a person's integrity is so essential a requirement to a public office that Rule V of the Omnibus Rules Implementing Book V of the Administrative Code of 1987 (Executive Order No. 292) bars the appointment of persons guilty of dishonesty.

    In the abovementioned A.M. No. OCA-01-5, the Office of the Court Administrator recommended suspension for one (1) year without penalty for the respondent owing to such mitigating factors as the following:

    1. that he has served the Court for more than twenty (20) years;

    2. that the administrative complaint is the first against him;

    3. that he could have committed the wrongful act for the benefit of his family;

    4. that his admission and prayer for forgiveness is a good sign that he is indeed remorseful for what he did;

    5. that he deserves to be penalized but the sanction may be tempered in the name of compassionate justice;

    6. that he did not defraud and prejudice the government by his acts;

    7. that he neither assumed the position he desired nor received the compensation and benefits pertaining thereto; andcralawlibrary

    8. that he appears to be an asset of his office and his efficiency is shown by his performance ratings.

    In spite of the above circumstances, the Court did not reduce the penalty; instead, it still imposed the extreme punishment of dismissal from the service with prejudice to reemployment in any government-owned or controlled corporation, and with forfeiture of unused leaves, if any, and retirement benefits. A motion for reconsideration was filed but the Court, in its resolution dated 17 December 2002, only modified the decision insofar as it allowed the respondent to claim his accrued leave credits but affirmed the decision in all other aspects.

    In closing, the Court stressed that it cannot turn a blind eye to what is clearly a transgression of the law. Because of the respondent's conduct, it seriously doubts his ability to perform his duties with the integrity, uprightness, and honesty demanded of an employee in the judiciary.

    If the Court did not consider the reasons/justifications that could have mitigated the liability of Sta. Ana, herein respondent Mayor, who could not present a tenable defense in the instant case, should have no fall back to evade being dismissed from the service.

    The recommendation of the OCA is well taken.

    Respondent's answer to Question No. 25 that there was no pending criminal case filed against him is belied by the Information for Libel, dated September 5, 2002, filed on September 13, 2002 with the Regional Trial Court, Branch 82, Odiongan, Romblon and docketed as Criminal Case No. 1523, entitled "People of the Philippines v. Gilbert R. Minano, Cyril Mayor, Marvin Arboleda, and Manuel R. Recto," which was pending at the time he accomplished his PDS on February 19, 2003, and during the effectivity of his appointment as Clerk III on June 4, 2003. The said Information 4 states:

    INFORMATION

    UNDERSIGNED, accuses GILBERT R. MINA[N]O, CYRIL T. MAYOR, MARVIN ARBOLEDA and MANUEL R. RECTO of the crime of "Libel" committed as follows:

    That during or between July 15 and August 15, [2001], in the Municipality of Odiongan, Province of Romblon, Philippines, where complainant resides and within the jurisdiction of this Honorable Court, the abovenamed accused, as Associate Editor, Editor-in-Chief, Circulation Manager, and Publisher, respectively, of the "Romblon Today," a newspaper published monthly and circulated in the Province of Romblon, did then and there, with intent to cause dishonor, discredit and contempt to herein complainant, maliciously, criminally and feloniously conspired, confederated and helped one another in the publication of a banner headline article in the July 15 to August 15, 2001 issue of said "Romblon Today" authored by respondent Gilbert R. Minano containing highly libelous statements against complainant, to wit:

    TIELCO SERVICIO "PALPAK" "PALPAK," "INUTILE," is the new name of the Tablas Electric Cooperative (TIELCO).

    all of which are false and constitute a public and malicious imputation of a vice or defect in writing tending to cause the dishonor, discredit or contempt of herein complainant who thereby suffered irreparable damage and prejudice by reason thereof in the amount of P1,000,000.00 as actual and moral damages and PP500,000.00 as exemplary damages for which respondents would be held jointly and severally liable.

    CONTRARY TO LAW.

    Odiongan, Romblon, 05 September 2002.

    Under Section 52 (A)(1) and (A)(6), Rule IV of the "Uniform Rules on Administrative Cases in the Civil Service" (Resolution No. 99-1936 dated August 31, 1999), respondent's act of making untruthful declarations in his PDS renders him administratively liable for falsification of public document and dishonesty which are classified as grave offenses and, thus, warrant the corresponding penalty of dismissal from the service even if either of them is respondent's first offense.5 Section 58 of Rule IV thereof states that the penalty of dismissal shall carry with it the cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for reemployment in the government service, unless otherwise provided in the decision.

    The importance of accomplishing a PDS with utmost honesty cannot be stressed enough.6 The accomplishment of a PDS is a requirement under Civil Service Rules and Regulations in connection with employment in the government. The making of untruthful statements therein is, therefore, connected with such employment. As such, making a false statement therein amounts to dishonesty and falsification of an official document. Dishonesty and falsification are considered grave offenses. The Court has not hesitated to impose the extreme penalty of dismissal from the service on employees found guilty of such offenses.7

    Respondent's claim that since the Prosecutor's Resolution, which recommended the filing of the information for libel, is on appeal with the Department of Justice (DOJ), the matter should not be considered as a pending criminal case against him cannot be considered as an acceptable excuse. By making a check mark on the space provided for the "No" answer with regard to pending criminal case against him, respondent was guilty of falsification of a public document. Even prescinding from respondent's argument that, technically, there is no case as yet filed against him, still respondent is duty-bound to write the docket number of the criminal case for libel against him and indicate the status of the case as "pending appeal with the DOJ" if he has been really acting in good faith and not make it appear that he has a clean slate in terms of criminal record. In answer to Question No. 28, respondent willfully failed to disclose that he was terminated by LRTA on the pretext that the illegal dismissal case which he and his co-employees have filed against LRTA is still pending appeal with the National Labor Relations Commission. As to his denial that he had been a candidate in the local elections, respondent cannot find solace by invoking good faith.

    One who invokes good faith must show honesty of intention, free from knowledge of circumstances which ought to put one upon inquiry.8 Respondent falsified an official document to gain unwarranted advantage over other more qualified applicants to the same position. He cannot be said, therefore, to have measured up to the standards required of a public servant.9 The Court cannot take on its face value respondent's blanket claim of good faith and inadvertence to justify his mental dishonesty and false declarations in the three entries of his PDS. Respondent cannot feign ignorance of the falsities he has declared as he is the Editor-in-Chief of the newspaper "Romblon Today" and cannot be said to be someone who lacks schooling or has a difficulty in comprehending its plain import. Per his PDS, respondent had his college from 1982-1986 at the University of the East and graduated with the degree of Bachelor of Arts (AB), Major in Political Science. He took up Law at the same university for one year, stating "up to First Year, Second Semester" without indicating the specific year. It cannot be said that respondent did not fully understand the details he filled out in the PDS. In Item No. 31, it states "I declare that the answers given above are true and correct" which means that a government employee who will affix one's signature therein declares that all the information supplied in the PDS are true and correct to the best of the declarant's personal knowledge. All things being equal, another employee who possesses similar qualifications should have been appointed had it not been for the misrepresentations of respondent.

    In Administrative Case For Dishonesty And Falsification Of Official Document Against Noel V. Luna, SC Chief Judicial Staff Officer, 10 the Court reiterated that every employee of the judiciary should be an example of integrity, uprightness, and honesty. Like any public servant, he must exhibit the highest sense of honesty and integrity not only in the performance of his official duties but in his personal and private dealings with other people, to preserve the court's good name and standing. It cannot be overstressed that the image of a court of justice is mirrored in the conduct, official and otherwise, of the personnel who work thereat, from the judge to the lowest of its personnel. Court personnel have been enjoined to adhere to the exacting standards of morality and decency in their professional and private conduct in order to preserve the good name and integrity of the courts of justice. Respondent in this case failed to meet the stringent standards set for a judicial employee; hence, he does not deserve to remain in the office staff of the judiciary.

    WHEREFORE, respondent Cyril T. Mayor, Clerk III, Metropolitan Trial Court, Branch 13, Manila is found GUILTY of DISHONESTY and FALSIFICATION OF PUBLIC DOCUMENT and is hereby DISMISSED from the service with forfeiture of all retirement benefits, except accrued leave credits, and with prejudice to reemployment in any branch or instrumentality of the government, including government-owned or controlled corporations.

    SO ORDERED.

    Endnotes:


    * On Official Leave.

    ** Acting Chief Justice.

    *** On Leave.

    1 Rollo, pp. 1-2.

    2 Id., pp. 34-35.

    3 Id., pp. 38-40.

    4 Rollo, pp. 9-10.

    5 Calumba v. Yap, A.M. No. P-08-2506, August 12, 2008.

    6 Re Anonymous Complaint Against Mr. Rodel M. Gabriel, A.M. No. 2005-18-SC, April 19, 2006, 487 SCRA 370.

    7 Ratti v. Mendoza-De Castro, A.M. No. P-04-1844, July 23, 2004, 435 SCRA 11.

    8 Disapproved Appointment of Noraina D. Limgas as Stenographer III, RTC, Branch 8, Marawi City, A.M. No. 04-10-619-RTC, February 10, 2005, 450 SCRA 560.

    9 Aglugub v. Perlez, A.M. No. P-99-1348, October 15, 2007, 536 SCRA 20.

    10 A.M. No. 2003-7-SC, December 15, 2003, 418 SCRA 460.

    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


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