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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
 

   
April-2009 Jurisprudence                 

  • A.C. No. 5195 - NELIA PASUMBAL DE-CHAVEZ-BLANCO REPRESENTED BY ATTY. EUGENIA J. MU OS v. ATTY. JAIME LUMASAG, JR.

  • A.C. No. 7813 - Carlito P. Carangdang v. Atty. Gilbert S. Obmina

  • A.M. No. 2008-12-SC Formerly A.M. No. 08-7-4-SC and A.M. NO. P-08-2510 - IN RE: IMPROPER SOLICATATION OF COURT EMPLOYEES / OFFICE OF THE COURT ADMINISTRATOR v. SHEELA R. NOBLEZA

  • A.M. No. MTJ-06-1651 Formerly OCA IPI No. 04-1576-MTJ - PROSECUTOR ROBERT M. VISBAL v. JUDGE WENCESLAO B. VANILLA

  • A.M. No. MTJ-08-1706 Formerly OCA IPI No. 08-1984-MTJ - MUTYA B. VICTORIO v. JUDGE MAXWELL S. ROSETE

  • A.M. NO. P-05-1996 - ESTELITO R. MARABE v. TYRONE V. TAN

  • A.M. No. P-05-2065 - REPORT ON THE FINANCIAL AUDIT ETC.

  • A.M. No. P-07-2298 and A.M. No. P-07-2299 - Peteb B. Mallonga v. Marites R. Manio / Hon. Lyliha Abella-Aquino v. Marites R. Manio

  • A.M. No. P-07-2321 Formerly OCA I.P.I. No. 07-2492-P - JUDGE PELAGIA DALMACIO-JOAQUIN v. NICOMEDES C. DELA CRUZ ETC.

  • A.M. No. P-07-2344 - DOMINGO U. SABADO, JR. v. LANIEL P. JORNADA ETC.

  • A.M. No. P-07-2366 Formerly OCA-I.P.I. No. 07-2519-P - OFFICE OF THE COURT ADMINISTRATOR v. MA. CELIA A. FLORES

  • A.M. No. P-08-2469 Formerly OCA IPI No. 07-2509-P and A.M. OCA IPI No. 08-2857-P - ERLINA P. JOLITO v. MARLENE E. TANUDRA/ERLINA P. JOLITO v. GEORGE E. GAREZA

  • A.M. No. P-08-2523 Formerly OCA-I.P.I. No. 08-2872-P - ATTY. MARLYDS L. ESTARDO-TEODORO v. CARLOS S. SEGISMUNDO

  • A.M. No. P-09-2622 Formerly A.M. OCA IPI No. 08-2814-P - DOROTHY FE MAH-AREVALO v. ELMER P. MPE

  • A.M. No. P-09-2628 Formerly A.M. No. OCA IPI No. 07-2686-P - WILSON C. ONG v. ARIEL R. PASCAIO

  • A.M. No. RTJ-05-1917 - DEE C. CHUAN & SONS, INC. v. JUDGE WILLIAM SIMON P. PERALTA

  • A.M No. RTJ-06-1976 - PROVINCIAL PROSECUTOR MANUEL F. TORREVILLAS v. JUDGE ROBERTO A. NATIVIDAD ETC.

  • A.M. RTJ-07-2058 - Dolores S. Bago v. Judge Ernesto P. Pagayatan etc.

  • A.M. No. RTJ-09-2176 - PROSECUTOR JORGE D. BACULI v. JUDGE MEDEL ARNALDO B. BELEN

  • B.M. No. 1222 - RE: 2003 BAR EXAMINATIONS ATTY. DANILO DE GUZMAN (PETITIONER)

  • G.R. No. 126890 - United Planters Sugar Milling Co., Inc. (UPSUMCO) v. The Honorable Court of Appeals, et al.

  • G.R. No. 130088 - TALA REALY SERVICES CORP., ET AL. v. HON. ALICIA B. GONZALES-DECANO, ET AL./NANCY L. TY v. HON. WENCESLAO E. EBABAO, ETC. ET AL./TALA REALY SERVICES CORP., ET AL. VS.BANCO FILIPINO SAVINGS AND MORTAGE BANK/TALA REALY SERVICES CORP., ET A

  • G.R. No. 132540 - ALBAY ELECTRIC COOPERATIVE, INC., ET AL. v. HON. RAFAEL P. SANTELICES, ET AL.

  • G.R. No. 135703 - PRESIDENTIAL AD HOC FACT FINDING COMMITTEE ON BEHEST LOANS, REPRESENTED BY ORLANDO L. SALVADOR v. OMBUDSMAN ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138814 - MAKATI STOCK EXCHANGE, INC., ET AL. v. MIGUEL V. CAMPOS

  • G.R. No. 140717 - ANNIE L. MANUBAY, ET AL. v. HON. ERNESTO GARILAO

  • G.R. No. 145222 - SPOUSES ROBERTO BUADO AND VENUS BUADO v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 145867 - ESTATE OF SOLEDAD MANANTAN ETC. v. ANICETO SOMERA

  • G.R. No. 146408 - PHILIPPINE AIRLINES, INC. v. ENRIQUE LIGAN, ET AL.

  • G.R. No. 146622 - LEONORA P. CALANZA, ET AL. v. PAPER INDUSTRIES CORP., ET AL.

  • G.R. NOS. 148263 and 148271-72 - ARMANDO DAVID v. NATIONAL FEDERATION OF LABOR UNION, ET AL.

  • G.R. No. 149221 - PHILIPPINE NATIONAL BANK v. MARCELINO BANATAO, ET AL. AND MARCIANO CARAG, ET AL.

  • G.R. No. 149907 - ROMA DRUG AND ROMEO RODRIGUEZ v. RTC OF GUAGUA PAMPANGA, ET AL.

  • G.R. No. 152048 - FELIX B. PEREZ, ET AL. v. PHILIPPINE TELEGRAPH AND TELEPHONE COMPANY

  • G.R. No. 152131 - FLORAIDA TERA A v. HON. ANTONIO DE SAGUN ETC.

  • G.R. No. 152318 - DEUTSCHE GESELLSCHAFT FUR TECHNICHE v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 154473 and G.R. NO. 155573 - PEOPLE OF THE PHILIPPINES v. ALFREDO L. BENIPAYO / PHOTOKINA MARKETING CORPORATION v. ALFREDO L. BENIPAYO

  • G.R. No. 154609 - MA. CORAZON SAN JUAN v. CELESTE M. OFFRIL

  • G.R. No. 155639 - JUANARIA A. RIVERA v. UNITED LABORATORIES, INC.

  • G.R. No. 156302 - THE HEIRS OF GEORGE Y. POE v. MALAYAN INSURANCE CO. INC.

  • G.R. No. 156766 - ROSARIO A. GATUS v. QUALITY HOUNSE INC., AND CHRISTOPHER CHUA

  • G.R. No. 157147 - PEOPLE OF THE PHILIPPINES v. WILFREDOO CAWALING

  • G.R. No. 157584 - Congressman Enrique T. Garcia v. The Executive Secretary, et al.

  • G.R. No. 157723 - ROMEO SAYO Y AQUINO, ET AL. v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 157862 - PHILIPPINE COUNTRYSIDE RURAL BANK INC. v. JOVENAL B. TORING

  • G.R. No. 158071 - JOSE SANTOS v. COMMITTEE ON CLAIMS SETTLEMENT, ET AL.

  • G.R. No. 158805 - VALLEY GOLF & COUNTRY CLUB, INC. v. ROSA O. VDA. CARAM

  • G.R. No. 158819 - ANTERO LUISTRO v. COURT OF APPEALS AND FIRST GAS POWER CORPORATION.

  • G.R. NO. 158885 and G.R. NO. 170680 - FORT BONIFACIO DEVELOPMENT CORPORATION v. CIR, ET AL.

  • G.R. No. 158956 - ILIGAN CEMENT CORPORATION v. ILIASCOR EMPLOYEES AND WORKERS UNION-SOUTHERN PHILIPPINES FEDERATION OF LABOR, ET AL.

  • G.R. No. 159687 - GULF AIR JASSIM HINDRI ABDULLAH, ET AL. v. NLRC, ET AL.

  • G.R. No. 160132 - SERAFIN NARANJA, ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 160467 - SOLEDAD MU OS MESA v. SOCIAL SECURITY SYSTEM, ET AL.

  • G.R. No. 160918 - CONCEPCION ALCANTARA v. HILARIA ROBLE DE TEMPLE, ET AL.

  • G.R. No. 161539 - INTERNATIONAL CONTAINER TERMINAL SERVICES, INC. v. FGU INSURANCE CORPORATION, ET AL.

  • G.R. No. 161778 - CAYETANO A. TEJANO, JR. v. THE HON. SANDIGANBAYAN, ET AL.

  • G.R. No. 161827 - SESINANDO POLINTAN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 162272 - SANTIAGO C. DIVINAGRACIA v. CONSOLIDATED BROADCASTING SYSTEM, INC., ET AL.

  • G.R. No. 162370 - DAVID TIU v. COURT OF APPEALS AND EDGARDO POSTANES

  • G.R. No. 163072 - Manila International Airport Authority v. City of Pasay, et al.

  • G.R. No. 163583 - BRITISH AMERICAN TOBACCO v. JOSE ISIDRO N. CAMACHO, ET AL.

  • G.R. NOS. 163957-58 and G.R. NOS. 164009-11 - MUNIB S. ESTINO AND ERNESTO PESCADERA v. PEOPLE OF THE PHILIPPINES/ ERNESTO G. PESCADERA v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 164170 - MACA-ANGCOS ALAWIYA Y ABDUL, ET AL. v. HON. SIMEON A. DATUMANONG, ET AL.

  • G.R. No. 164213 - VALENTIN CABRERA ET AL. v. ELIZABETH GETARUELA ET AL.

  • G.R. No. 164368 - People of the Philippines v. Joseph Ejercito Estrada, et al.

  • G.R. No. 164681 - BERNARDINO V. NAVARRO v. P.V. PAJARILLO LINER AND NLRC

  • G.R. No. 165443 - CALATAGAN GOLF CLUB, INC. v. SIXTO CLEMENTE, JR.

  • G.R. No. 164785 and G.R. NO. 165636 - ELISEO F. SORIANO v. MA. CONSOLIZA P. LAGUARDIA ETC.

  • G.R. No. 165927 - ERNESTO Z. GIDUQUIO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 166199 - THE SECRETARY OF JUSTICE, ET AL. v. CHRISTOPHER KORUGA

  • G.R. No. 166510 - PEOPLE OF THE PHILIPPINES v. BENJAMIN "KOKOY" T. ROMULADEZ AND THE SANDIGANBAYAN

  • G.R. No. 166748 - LAUREANO V. HERMOSO, ET AL. v. HEIRS OF ANTONIO FRANCIA AND PETRA FRANCIA

  • G.R. No. 167768 - MALAYAN INSURANCE COMPANY, INC. v. VICTORIAS MILLING COMPANY, INC.

  • G.R. No. 168273 - HARBOR VIEW RESTAURANT v. REYNALDO LABRO

  • G.R. No. 168631 - LAND BANK OF THE PHILIPPINES v. CAROLINA VDA. DE ABELLO, ET AL.

  • G.R. No. 168716 - HFS PHLIPPINES, INC., RUBEN T. DEL ROSARIO AND IUM SHIP MANAGEMENT v. RONALDO R. PILAR

  • G.R. No. 168734 & G.R. No. 170621 - MARCELINO LOPEZ, ET AL. v. HON. COURT OF APPEALS, ET AL./ NOEL RUBBER AND DEVELOPMENT CORP, ET AL. v. JOSE ESQUIVEL, JR., ET AL.

  • G.R. No. 168800 - NEW REGENT SOURCES, INC. v. TEOFILO VICTOR TANJUATCO, JR. AND VICENTE CUEVAS

  • G.R. No. 169914 & 174166 - ASIA'S EMERGING DRAGON CORPORATION, Petitioner, v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, SECRETARY LEANDRO R. MENDOZA and MANILA INTERNATIONAL AIRPORT AUTHORITY, Respondents.

  • G.R. No. 170093 - JOSE PEPITO M. AMORES M.D. v. CIVIL SERVICE COMMISSION, BOARD OF TRUSTEES OF THE LUNG CENTER OF THE PHILIPPINES AS REPRESENTED BY HON. MANUEL M. DAYRIT AND FERNANDO A. MELENDRES, M.D.

  • G.R. No. 170235 - PEOPLE OF THE PHILIPPINES v. JAIME CADAG JIMENEZ

  • G.R. No. 170270 - Newsounds Broadcasting Network, Inc., et al. v. Hon. Ceasar G. Dy, et al.

  • G.R. No. 170532 - THE PROVINCIAL ASSESOR OF MARINDUQUE v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 170589 - OLYMPIO REVALDO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 170750 - HEIRS OF TOMAS DOLLETON, ET AL. v. FIL-ESTATE MANAGEMENT INC., ET AL.

  • G.R. No. 170977 - JOSE D. DEL VALLE, JR. AND ADOLFO C. ALEMANIA v. FRANCIS B. DY

  • G.R. No. 171072 - GOLDERES REALTY CORP. v. CYPRESS GARDENS ETC.

  • G.R. No. 171138 - H. TAMBUNTING PAWNSHOP, INC. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 171253 - LAKEVIEW GOLD AND COUNTRY CLUB, INC. v. LUZVIMIN SAMAHANG NAYON, ET AL.

  • G.R. No. 171536 - APRIL JOY ASETRE, ET AL. v. JUNEL ASETRE, ET AL.

  • G.R. No. 171636 - NORMAN A. GAID v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 171735 - PEOPLE OF THE PHILIPPINES v. ALEJO OBLIGADO Y MAGDARAOG

  • G.R. No. 172123 - MACARIOLA G. BARTOLO AND VIOLENDA B. SUCRO v. THE HONORABLE SANDIGANBAYAN, ET AL.

  • G.R. No. 172601 - AILEEN G. HERIDA v. F4C PAWNSHOP AND JEWELRY STORE/MARCELINO FLORETE, JR.

  • G.R. No. 172602 - HENRY T. GO. v. THE FIFTH DIVISION, SANDIGANBAYAN, ET AL.

  • G.R. No. 172607 - THE PEOPLE OF THE PHILIPPINES v. RUFINO UMANITO

  • G.R. No. 172671 - MARISSA R. UNCHUAN v. ANTONIO J.P. LOZADA, ANITA LOZADA AND THE REGISTER OF DEEDS OF CEBU CITY

  • G.R. No. 172832 - ROSARIO T. DE VERA v. GEREN A. DE VERA

  • G.R. No. 172854 - ADAM B. GARCIA v. NLRC (SECOND DIVISION) LEGAZPI OIL COMPANY, INC. ROMEO F. MERCADO AND GUS ZULUAGA

  • G.R. No. 173115 & 173163-64 - ATTY. VIRGILIO R. GARCIA v. EASTERN TELECOMMUNICATIONS PHILIPPINES, INC. ET AL./EASTERN TELECOMMUNICATIONS PHILIPPINES INC. v. ATTY. VIRGILIO R. GARCIA

  • G.R. No. 173210 - REPUBIC OF THE PHILIPPINES v. MACARIA L. TUASTUMBAN

  • G.R. No. 173588 - ARIEL M. LOS BA OS, ON BEHALF OF P/SUPT. VICTOR AREVALO, SP02 MARCIAL OLYMPIA, SP01 ROCKY MERCENE AND P01 RAUL ADLAWAN AND IN HIS PERSONAL CAPACITY v. JOEL R. PEDRO

  • G.R. No. 173637 - DANTE TAN v. PEOPLE OF THE PHILIPPINES.

  • G.R. No. 173791 - PEOPLE OF THE PHILIPPINES v. PABLO AMODIA

  • G.R. No. 173807 - JAIME U. GUSICAO v. LETECIA CHING AND EDWIN CASTA

  • G.R. No. 173834 - ISABELITA CUNANAN, CAROLYN CUNANAN AND CARMENCITA F. NEMOTO v. JUMPING JAP TRADING CORPORATION, REPRESENTED BY REUBEN M. PROTACIO

  • G.R. No. 173931 - ALICIA D. TAGARO v. ESTER A. GARCIA, ETC.

  • G.R. No. 174105 - Reghis M. Romero II, et al. v. Sen. Jinggoy E. Estrada, et al.

  • G.R. No. 175320 - PEOPLE OF THE PHILIPPINES v. ERNESTO PE A Y SARMIENTO

  • G.R. No. 175945 Formerly G.R. NOS. 153211-12 - PEOPLE OF THE PHILIPPINES v. LOLITO HONOR Y ALIGWAY, ET AL.

  • G.R. No. 175983 - METROPOLITAN CEBU WATER DESTRICT v. J. KING AND SONS COMPANY, INC

  • G.R. No. 176348 - PEOPLE OF THE PHILIPPINES v. DIONISIO CABUDBOD Y TUTOR AND EDGAR CABUDBOD Y LACROA

  • G.R. No. 176531 - PEOPLE OF THE PHILIPPINES v. ROMEO BANDIN

  • G.R. No. 176566 - ELISEO EDUARTE Y COSCOLLA v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 177163 - PEOPLE OF THE PHILIPPINES v. ALEX BALAGAT

  • G.R. No. 177187 - SPOUSES JUANITO R. VILLAMIL ETC. ET AL. v. LAZARO CRUZ-VILLAROSA

  • G.R. No. 177210 - SUMMA KUMAGAI, INC-KUMAGAI, GUMI CO. LTD JOINT VENTURE v. ROMAGO, INC.

  • G.R. No. 177220 - PEOPLE OF THE PHILIPPINES v. RUBEN ROBLES

  • G.R. No. 177283 - DE LA SALLE UNIVERSITY, ET AL. v. DE LA SALLE UNIVERSITY EMPLOYEES ASSOCIATION (DLSUEA-NAFTEU)

  • G.R. No. 177302 - PEOPLE OF THE PHILIPPINES v. JAIME LOPEZ, ET AL.

  • G.R. NO. 177333 : April 24, 2009 - PHILIPPINE AMUSEMENT AND GAMING CORPORATION (PAGCOR) represented by ATTY. CARLOS R. BAUTISTA, JR., v. PHILIPPINE GAMING JURISDICTION INCORPORATED (PEJI), ZAMBOANGA CITY SPECIAL ECONOMIC ZONE AUTHORITY, et al.

  • G.R. No. 177346 - GUILLERMO PERCIANO v. HEIRS OF PROCOPIO TUMBALI REPRESENTED BY LYDIA TUMBALI

  • G.R. No. 177961 - LOURDES A. SABLE v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. 178127 - VIRGEN SHIPPING CORPORATION, ET AL. v. JESUS B. BARRAQUIO

  • G.R. No. 178301 - PEOPLE OF THE PHILIPPINES v. ROLANDO MALIBIRAN, BEVERLY TIBO-TARO

  • G.R. No. 178453 - GLORIA ARTIAGA v. SILIMAN UNIVERSITY AND SILIMAN UNIVERSITY MEDICAL CENTER

  • G.R. No. 178678 - DR. HANS CHRISTIAN M. SE ERES v. COMMISSION ON ELECTIONS AND MELQUIADES A. ROBLES

  • G.R. No. 178763 - PETER PAUL PATRICK LUCAS, ET AL. v. DR. PROSPERO MA. C. TUA O

  • G.R. NOS. 178831-32, 179120, 179132-33 and 179240-41 - JOCELYN SY LIMKAICHONG v. COMELEC, ET AL.

  • G.R. NO. 178873 - PEOPLE OF THE PHILIPPINES v. ILLUSTRE LLAGAS A.K.A. NONOY LLAGAS

  • G.R. No. 179255 - National Transmission Corp. v. Venusto D. Hamoy, Jr.

  • G.R. No. 179563 - BACOLOD-TALISAY REALTY AND DEVELOPMENT CORP., ET AL. v. ROMEO DELA CRUZ

  • G.R. No. 179271 and G.R. NO. 179295 - BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND TRANSPARENCY (BANAT) v. COMMISSION ON ELECTIONS/ BAYAN MUNA, ET AL. v. COMMISSION ON ELECTIONS

  • G.R. No. 179708 - PEOPLE OF THE PHILIPPINES v. ROGELIO ALETA, MARIO ALETA AND JOVITO ALETA

  • G.R. No. 179933 - PEOPLE OF THE PHILIPPINES v. JOSEPH FABITO

  • G.R. No. 179955 - JOSE SY BANG (DECEASED), ET AL. v. ROSARIO SY (DECEASED), ET AL.

  • G.R. No. 180046 - Review Center Associations of the Philippines v. Executive Secretatry Eduardo Ermita, et al.

  • G.R. No. 179987 - HEIRS OF MARIO MALABANAN v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 180165 - METROPOLITAN BANK & TRUST COMPANY v. HON. SEC OF JUSTICE RAUL M. GONZALES, ET AL.

  • G.R. No. 180314 - NORMALLAH A. PACASUM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 180363 - EDGAR Y. TEVES v. THE COMMISSION ON ELECTIONS AND HERMINIO G. TEVES

  • G.R. No. 180640 - HUTAMA-RSEA JOINT OPERATIONS, INC. v. CITRA METRO MANILA TOLLWAYS CORPORATION

  • G.R. No. 180892 - UST FACULTY UNION v. UNIVERSITY OF STO. TOMAS, REV. FR. ROLANDO DE LA ROSA, REV FR. RODELIO ALIGAN, DOMINGO LEGASPI, AND MERECEDES HINAYON

  • G.R. NO. 180923 - THE PEOPLE OF THE PHILIPPINES v. SOLOMON DIONEDA Y DELA CRUZ

  • G.R. No. 181295 - Harlin Castillo Abayon v. Commission on Elections, et al.

  • G.R. No. 181318 - PEOPLE OF THE PHILIPPINES v. GERMAN AGOJO Y LUNA

  • G.R. No. 181377 and G.R. NO. 181726 - RODANTE MARCOLETA, ET AL. v. COMMISSION ON ELECTIONS, ET AL./ ALAGAD PARTY-LIST REPRESENTED BY DIOGENES S. OSABEL, PRESIDENT v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 181475 - PEOPLE OF THE PHILIPPINES v. LARRY "LAURO" DOMINGO Y CRUZ

  • G.R. No. 182231 - PEOPLE OF THE PHILIPPINES v. EDDIE GUM-OYEN Y SACPA

  • G.R. No. 182296 - SUSAN SALES Y JIMENA v. PEOPLE OF THE PHILIPPINES.

  • G.R. No. 182790 - PEOPLE OF THE PHILIPPINES v. CESAR CANTALEJO Y MANLANGIT

  • G.R. NOS. 182978-79 and G.R. NOS. 184298-99 - BECMEN SERVICES EXPORTER AND PROMOTION, INC. v. SPS. SIMPLICIO AND MILA CUARESMA, ET AL./SPS. SIMPLICIO AND MILA CUARESMA v. WHITE FALCON SERVICES, INC., ET AL.

  • G.R. NO. 183232 - GILBERT DELA PAZ v. MARIKINA FOOTWEAR DEVELOPMENT COOPERATIVE, INC., (MAFODECO), REPRESENTED BY ITS CHAIRMAN RODOLFO DE GUZMAN

  • G.R. No. 183278 - IMELDA O. COJUANGCO, PRIME HOLDINGS, INC., AND THE ESTATE OF RAMON U. COJUANGCO v. SANDIGANBAYAN, REPUBLIC OF THE PHILIPPINES AND THE SHERIFF OF SANDIGANBAYAN

  • G.R. No. 183565 - PEOPLE OF THE PHILIPPINES v. EDUARDO ABOGANDA

  • G.R. No. 183905 and G.R. NO. 184275 - GOVERNMENT SERVICE INSURANCE SYSTEM v. THE HON. COURT OF APPEALS, ET AL. / SEC, ET AL. v. ANTHONY ROSETE, ET AL.

  • G.R. No. 184174 - PEOPLE OF THE PHILIPPINES v. REYNALDO CAPALAD

  • G.R. No. 184791 - PEOPLE OF THE PHILIPPINES v. PEDRO NOGPO, JR. A.K.A. "TANDODOY"

  • G.R. No. 185132 - GOV. ENRIQUE T. GARCIA, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 185162 - PEOPLE OF THE PHILIPPINES v. ROLLY GIDOC @ BAYENG

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    A.M. NO. P-05-1996 - ESTELITO R. MARABE v. TYRONE V. TAN

      A.M. NO. P-05-1996 - ESTELITO R. MARABE v. TYRONE V. TAN

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [A.M. NO. P-05-1996 : April 21, 2009]

    ESTELITO R. MARABE, Complainant, v. TYRONE V. TAN, Sheriff IV, OCC, Regional Trial Court, Malaybalay City, Bukidnon, Respondent.

    D E C I S I O N

    LEONARDO-DE CASTRO, J.:

    This administrative case arose from a Letter-Complaint1 dated April 15, 2002 filed with the Court by complainant Estelito R. Marabe, President and Chairman of the Board of Asian Hills Bank at Malaybalay, Bukidnon, charging respondent, Tyrone Tan, Sheriff IV of the Office of the Clerk of Court (OCC), Regional Trial Court (RTC), Malaybalay City, Bukidnon with inefficiency and ineffectiveness for failing to implement and execute writs of execution issued in favor of Asian Hills Bank despite having received advanced amounts for expenses to be incurred in the implementation of the said writs.

    In his Comment2 dated July 8, 2002 respondent averred that the six (6) writs of execution subject matter of the complaint were issued in Civil Case Nos. 192-L, entitled Asian Hills Bank v. Fe B. Ygot, et al.; 193-L, Asian Hills Bank v. Efren L. Garcia and Josephine Garcia; 194-L, Asian Hills Bank v. Lina M. Castanares, et al.; 195-L, Asian Hills Bank v. Lina M. Castanares, et al.; and 197-L, Asian Hills Bank v. Julieta Omongos, et al.; and 198-L, Asian Hills Bank v. Rosita Argawanon, 3 et al. While he admitted having received six (6) writs of execution for enforcement, respondent pointed out that the Bank's counsel, Atty. Anastacio c. Rosos, Jr., requested him to implement only three (3), i.e., those issued in Civil Case Nos. 193-L, 195-L and 197-L. Respondent claimed that at the time of the implementation of the writs, all the defendants were insolvent. The spouses Efren and Josephine Garcia defendants in Civil Case Nos. 193-L, committed to settle their obligation as soon as they raise the necessary amount while the spouses Efren and Julieta Omongos, defendants in Civil Case No. 197-L, promised to deposit the amount of P10,000.00 in March 2002 as partial satisfaction of the judgment debt but reneged on said promise. On the other hand, in the cases against Leonida Orizano, Cynthia Berial, Avelino Labis, Ulysses Bacolod, Severino Auza and Virgie Borres, said defendants refused to acknowledge receipt of the court order and that furthermore, said defendants are all government employees solely dependent on their salaries. Hence, their salaries cannot be garnished. Respondent claimed further that as of his submission of his comment/explanation, he was still monitoring all the defendants in the subject cases for whatever remedies that will finally satisfy the court judgment. Attached to respondent's Comment are the Sheriff's Partial Reports4 in Civil Case Nos. 192-L, 193-L, 194-L and 197-L all dated December 1, 2003.

    Initially referred to then Executive Judge Jesus Barroso, Jr. of the RTC of Malaybalay City, Bukidnon, for investigation, report and recommendation5, the case was subsequently referred to the new Executive Judge of the same court, Rolando S. Venadas, Sr., on March 31, 20046 .

    On August 20, 2004, Investigating Judge Venadas, Sr. submitted to the Court his Report and Recommendation7 dated August 9, 2004 which contains the following findings:

    a) Respondent received from Asian Hills Bank, as sheriff's fee, the following:

    1) P2,000.00 evidenced by Cashier Check No. 02572 payable to a certain Arceli Ombos;

    2) P3,000.00 evidenced by Cashier Check No. 02466 dated January 23, 2002, also payable to Arceli Ombos; andcralawlibrary

    3) P2,000.00 evidenced by Cashier Check No. 0950 dated October 30, 2000, payable to one Eden Acto.

    b) Respondent submitted Partial Sheriff's Reports, all dated December 1, 2003, referring to the action he took on the writs of execution which he received in the year 2001, in Civil Case Nos. 192-L, entitled Asian Hills Bank v. Fe B. Ygot, et. al.; 193-L, Asian Hills Bank v. Efren Garcia, et al.; 194-L, Asian Hills Bank v. Lina M. Castanares, et al.; and 197-L, Asian Hills Bank v. Julieta Omongos;

    c) There was no evidence to show if the complainant and his counsel or the parties were ever furnished copies of the Sheriff's Partial Reports;

    d) Respondent did not make any recording or notation of all the proceedings he undertook in the enforcement of the writs of execution;

    e) The Partial Sheriff's Reports, which were uniformly dated December 1, 2003, do not state when the writs of execution were actually served upon the respective defendants;

    f) The writs of execution in question remained un-acted upon by the respondent for two (2) years with no explanation regarding such inaction; andcralawlibrary

    g) The veracity of the Partial Sheriff's Reports are doubtful as they appear to be prepared only very recently.

    The Investigating Judge found respondent liable for failure to act within a reasonable time on the writs of execution endorsed to him for enforcement without any sufficient justification. Consequently the Investigating Judge recommended the imposition of the appropriate penalty on respondent.

    On October 20, 2004, the Court issued a Resolution8 referring the case to the Office of the Court Administrator (OCA) for evaluation, report and recommendation.

    On March 16, 2005, the OCA submitted its Memorandum9, wherein it concurred with the findings of the Investigating Judge and accordingly made the following recommendation:

    IN VIEW OF THE FOREGOING, it is respectfully recommended that respondent sheriff Tyrone V. Tan be found guilty of Inefficiency and Ineffectiveness in the Performance of his Duty and be imposed a Fine in the amount of P5,000.00 with a STERN WARNING that the same or similar acts in the future will be dealt with more severely.10

    In the Resolution11 dated April 6, 2005, the complaint was re-docketed as a regular administrative case.

    The Court agrees with the report of the OCA adopting the findings of the Investigating Judge except as to the recommended penalty.

    It is undisputable that the most difficult phase of any proceeding is the execution of judgment. The officer charged with this delicate task is the sheriff. The sheriff, as an officer of the court upon whom the execution of a final judgment depends, must necessarily be circumspect and proper in his behavior. Execution is the fruit and end of the suit and is the life of the law. He is to execute the directives of the court therein strictly in accordance with the letter thereof and without any deviation therefrom.12

    Here, respondent sheriff was clearly remiss in the performance of his mandated duties.

    Sec. 14, Rule 39 of the Rules of Court provides that:

    Sec. 14. Return of writ of execution. The writ of execution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part or in full. If the judgment cannot be satisfied in full within thirty (30) days after his receipt of the writ, the officer shall report to the court and state the reason therefore. Such writ shall continue in effect during the period within which the judgment may be enforced by motion. The officer shall make a report to the court every (30) days on the proceedings taken thereon until the judgment is satisfied in full, or its effectivity expires. The returns or the periodic report shall set forth the whole of the proceedings taken, and shall be filed with the court and copies thereof promptly furnished the parties.

    The six (6) writs of execution subject of this case were admittedly received by respondent in the year 2001, but as shown by the Sheriff's Partial Reports13 which he submitted, he implemented the same two (2) years later, or on December 1, 2003. Moreover, his partial reports referred only to the writs issued in four (4) cases, namely Civil Case Nos. 192-L, 193-L, 194-L and 197-L with no sufficient and reasonable explanation regarding the non-implementation of the writs in Civil Case Nos. 195-L and 198-L.

    Likewise, respondent sheriff did not render periodic reports on the writs of execution pursuant to Section 14, Rule 39 aforecited considering that the only reports he has made and submitted were those dated December 1, 2003.

    Undoubtedly, respondent's (1) very long delay in the full implementation of the writs of execution in Civil Case Nos. 192-L, 193-L, 194-L and 197-L; (2) his non-implementation of the writs issued in Civil Case Nos. 195-L and 198-L; and (3) his failure to make the appropriate and periodic reports on the writs as required by the Rules of Court, shows that he has been inefficient and negligent in the performance of his official duties.

    Indeed, sheriffs ought to know that they have a sworn responsibility to serve writs of execution with utmost dispatch. When writs are placed in their hands, it is their ministerial duty to proceed with reasonable celerity and promptness to execute them in accordance with their mandate. Unless restrained by a court order, they should see to it that the execution of judgments is not unduly delayed. Accordingly, they must comply with their mandated ministerial duty as speedily as possible.14

    The failure to implement a writ of execution maybe classified as simple neglect of duty which has been defined as the failure of an employee to give one's attention to a task expected of him, and signifies a disregard of a duty resulting from carelessness or indifference.15 Under Rule IV, Section 52, B 1 of the Uniform Rules on Administrative Cases in the Civil Service,16 simple neglect of duty is a less grave offense punishable by suspension from office for one (1) month and one (1) day to six (6) months for the first offense.chanrobles virtual law library

    Thus, in Reyes v. Cabusao,17 the Court imposed on the respondent sheriff a one-month suspension from office for simple neglect of duty as the latter implemented the writ of execution more than 17 months from the time of its issuance.

    Again, in Pesongco v. Estoya18, where a complaint for inefficiency was made against the respondent sheriff, we imposed a one-month suspension for simple neglect of duty, said sheriff having delayed the full implementation of a writ of execution and failed to render periodic returns thereof to the court.

    But in Vda De Escobar v. Luna and Fernandez,19 the Court penalized the respondent sheriff with a three-month suspension from office for simple neglect of duty because he failed to implement a writ of execution even after the expiration of the Temporary Restraining Order issued by the Court of Appeals enjoining the implementation of the writ.

    Here, not only was there a long delay in the full implementation of the writs of execution issued in Civil Case Nos. 192-L, 193-L, 194-L and 197-L but there was likewise an utter failure to implement the writs issued in Civil Case Nos. 195-L and 198-L. Hence, the Court deems it appropriate to impose on respondent sheriff a penalty of suspension from office for three (3) months.

    WHEREFORE, respondent Tyrone V. Tan, Sheriff IV of the OCC, RTC, Malaybalay City, Bukidnon, is found GUILTY of neglect of duty and is SUSPENDED for Three (3) Months from office. He is STERNLY WARNED that a repetition of the same or similar acts in the future shall be dealt with more severely. Let a copy of the decision be attached to his personal record.

    SO ORDERED.

    Endnotes:


    * On official leave.

    1 Rollo, p. 142.

    2 Id. at 4-5.

    3 Gawanon in the Investigating Judge's Report; rollo, p. 26.

    4 Rollo, pp. 6-9.

    5 By Resolution dated October 21, 2002; rollo, p. 2.

    6 By Resolution dated March 31, 2004; rollo, p. 12.

    7 Id. at 18-32.

    8 Id. at 144.

    9 Id. at 145-150.

    10 Id. at 150.

    11 Id. at 151.

    12 Pesongco v. Estoya, A.M. No. P-06-213, March 10, 2006, 484 SCRA 239, 254.

    13 Supra, at note 4.

    14 Supra at note 11.

    15 Vda De Escobar v. Luna and Fernandez A.M. No. P-04-1786, February 13, 2006, 482 SCRA 265, 278.

    16 In Civil Service Commission Memorandum Circular No. 19, the CSC adopted the new Uniform Rules in Administrative Cases in the Civil Service which became effective on September 26, 1999.

    17 A.M. No. P-03-1676, 9 July 15, 2005, 463 SCRA 433.

    18 Supra at note 12.

    19 Supra at note 15.

    A.M. NO. P-05-1996 - ESTELITO R. MARABE v. TYRONE V. TAN


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