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

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. NO. P-07-2298 : April 24, 2009]

    PETER B. MALLONGA, Complainant, v. MARITES R. MANIO, Court Interpreter III, Regional Trial Court (RTC), Branch 4, Tuguegarao City, Respondent.

    [A.M. NO. P-07-2299 : April 24, 2009]

    HON. LYLIHA ABELLA-AQUINO, Judge, RTC, Branch 4, Tuguegarao City, Complainant, v. MARITES R. MANIO, Court Interpreter III, RTC, Branch 4, Tuguegarao City, Respondent.

    R E S O L U T I O N

    LEONARDO-DE CASTRO, J.:

    Before us are the consolidated administrative charges against Court Interpreter III Marites R. Manio (Manio) of Branch 4, Regional Trial Court (RTC), Tuguegarao City for dishonesty and grave misconduct.

    Administrative Matter (A.M.) No. P-07-2298 stemmed from an Affidavit dated June 4, 2004 executed by Peter B. Mallonga (Mallonga).

    In said Affidavit, Mallonga related that respondent Manio was his former classmate and friend in college. Sometime in September 2003, Mallonga went to the RTC of Tuguegarao City and inquired from respondent Manio if she knew a lawyer who could help him file a petition for the correction of entry in his marriage certificate. Respondent Manio allegedly volunteered the name of a certain lawyer and told Mallonga to secure copies of his marriage and birth certificates so that these could be given to the lawyer. A week later, Mallonga gave respondent Manio copies of the said certificates. Respondent Manio then asked Mallonga to sign a prepared petition and to pay the total amount of P13,000.00 for attorney's fees and other expenses.

    Respondent Manio eventually persuaded Mallonga and the latter paid the agreed amount in installments. As the weeks passed, Mallonga attempted to see or contact respondent Manio to inquire about the status of his petition but Manio was always out of the office or absent. They finally met once more sometime in December 2003 at Baby's Restaurant where respondent Manio handed to Mallonga a copy of an alleged resolution dated November 25, 2003 of Branch 4, RTC, Tuguegarao City and purportedly signed by Judge Lyliha L. Abella-Aquino (Judge Abella-Aquino).1 Respondent Manio told Mallonga his petition was already granted and that she "pulled some strings in the court" so that his appearance was dispensed with at the hearing of the case.

    Mallonga then filed the above-mentioned resolution with the Local Civil Registrar of Solana, Cagayan, but the said office informed him that a certificate of finality was required before the correction of his marriage certificate could be effected. Mallonga asked respondent Manio to produce a certificate of finality, but the latter failed to deliver the same on the date agreed upon by them.

    On June 3, 2004, Mallonga went again to the office of respondent Manio and asked for the assistance of one of the court personnel who led him to Jacinto Danao (Danao), the clerk in charge of civil cases. When Danao checked his records, he found that the docket number which appeared in the resolution Manio had given Mallonga belonged to another case, and that the said resolution was a spurious document.

    On June 7, 2004, Judge Abella-Aquino forwarded the complaint of Mallonga to the Office of the Court Administrator (OCA) and reported that her signature in the purported resolution was a forgery.

    On the other hand, A.M. No. P-07-2299 arose from an Affidavit dated April 19, 2004 executed by Bernadette Canlas-Bartolome (Bartolome).

    In her Affidavit, Bartolome narrated that her sister, Bety Canlas-Marcelo, filed a petition for the correction of entries in her marriage certificate on August 8, 2003; the petition was raffled to Branch 1 of the RTC of Tuguegarao City. Bartolome said that her sister left for Italy after the petition had been filed, so her sister asked her to personally check the status of the case. Bartolome was further informed by her sister that she (Bety) had been in touch with respondent Manio, a former officemate in a bank, who had promised to keep her informed of the status of the case. Bety told her sister that the latter would hear from Manio.

    On October 8, 2003, Bartolome was informed by respondent Manio that the case of her sister was dismissed because of the negligence of the lawyer who handled the same. However, respondent Manio quickly advised Bartolome that she (Manio) could re-file the case with a guaranteed favorable decision. Manio advised Bartolome that the amount of P15,000.00 would be needed. Respondent Manio explained that this amount was for the expenses for the filing of the case, for the attorney's and publication fees, and as bribe for the judge who would hear the case. Bartolome agreed and initially paid respondent Manio the amount of P10,000.00. Respondent Manio accepted the money and signed a receipt therefor.2 Both agreed that the remaining balance of P5,000.00 would be paid after the case had been concluded.

    On December 15, 2003, respondent Manio handed Bartolome an alleged resolution approving the change of entries in Bety's marriage certificate issued by Branch 4, RTC, Tuguegarao City and purportedly signed by Judge Abella-Aquino.3 Respondent Manio also informed Bartolome that the certificate of finality of the said resolution would be released after the lapse of a certain number of days. Bartolome then paid respondent Manio the balance of P5,000.00.

    On December 20, 2003, respondent Manio asked for and received an additional amount of P500.00 from Bartolome to allegedly expedite the release of the certificate of finality but, despite such additional payment, respondent Manio failed to deliver the said document.

    On April 14, 2004, Bartolome went again to the office of respondent Manio at Branch 4, RTC, Tuguegarao City, where she showed Danao, the clerk in charge of civil cases, the resolution given to her by Manio and asked Danao about the certificate of finality that she needed. Bartolome then discovered that the docket number as indicated in the adverted resolution belonged to a different case, and that Branch 4 of the RTC of Tuguegarao City had no record of the case of her sister Bety.4

    In a Letter dated April 23, 2004, Judge Abella-Aquino indorsed the complaint of Bartolome against respondent Manio to the OCA and further reported that she confronted respondent Manio about the complaint, and that the latter admitted forging the judge's signature in the purported resolution.

    In each of these administrative charges, the OCA twice required respondent Manio to comment, but the latter failed to comply. This Court then directed respondent Manio to comply with the directives of the OCA and to show cause why no administrative sanction should be meted to her for ignoring the same. Respondent Manio was further reminded that her non-compliance would be considered as a waiver of her right to be heard or to present any defense, and that the cases would be decided on the basis of the records. Respondent Manio still refused to answer the charges against her. Consequently, this Court resolved to consider as waived the right of respondent Manio to be heard and to present evidence and referred these cases back to the OCA for report and recommendation.

    In its Memorandum5 dated January 9, 2007, the OCA evaluated the evidence on record and recommended that respondent Manio be held liable for dishonesty and grave misconduct. These cases were then submitted for resolution in a Minute Resolution6 dated July 16, 2007 of this Court.

    Meanwhile, on December 4, 2007, this Court promulgated Canlas-Bartolome v. Manio7 docketed as A.M. No. P-07-2397, which essentially involved the same parties and charges against respondent Manio in A.M. No. P-07-2299, one of the consolidated cases herein. Respondent Manio was administratively held liable and sanctioned in A.M. No. P-07-2397 as follows:

    The Court finds respondent guilty of dishonesty and grave misconduct and hereby dismisses her from the service.

    As a public servant, respondent is expected to exhibit at all times the highest sense of honesty and integrity and faithfully adhere to, hold inviolate, and invigorate the principle that public office is a public trust. By soliciting money from complainant, she committed an act of impropriety which immeasurably affects the honor and dignity of the judiciary and the people's confidence in it. She committed the ultimate betrayal of the duty to uphold the dignity and authority of the judiciary by arrogating to herself judicial power which she does not possess, in order to extort money from a party-litigant. Her act of forging the presiding judge's signature also constitutes a blatant disregard for the values of integrity, uprightness and honesty which are expected of all court personnel.

    The Court has never wavered in exhorting all those in the judiciary to behave at all times to promote public confidence in the integrity of the judiciary. At every opportunity, the Court has emphasized that the conduct and behavior of all officials and employees of the judiciary must at all times be characterized by strict propriety and decorum in order to earn and maintain the respect of the people.

    As the Court deplored in many cases, what brings the judiciary into disrepute are often the actuations of a few erring court personnel peddling influence to party-litigants, creating the impression that decisions can be bought and sold, ultimately resulting in the disillusionment of the public. Thus, whenever warranted by the gravity of the offense, the supreme penalty of dismissal in an administrative case is meted to erring personnel. Indeed, the Court will never countenance such conduct, act or omission on the part of all those in the judiciary as would violate the norm of public accountability and diminish or even just tend to diminish the faith of the people in the Judiciary. The Court has been resolute in its drive to discipline and, if warranted, to remove from the service errant magistrates, employees and even Justices of higher collegiate appellate courts for any infraction that tends to give the Judiciary a bad name. The Court has been unflinching in imposing discipline on errant personnel or in purging the ranks of those undeserving to remain in the service, such as in this case.chanrobles virtual law library

    WHEREFORE, respondent Marites R. Manio is hereby found guilty of dishonesty and grave misconduct and is hereby DISMISSED from the service, with prejudice to re-employment in any government agency including government-owned or controlled corporations. Her retirement benefits, except accrued leaves credits, are FORFEITED.

    The Office of the Court Administrator is directed to initiate the criminal prosecution of respondent.

    SO ORDERED. (Emphasis supplied)cralawlibrary

    Respondent Manio having been punished for the same acts which constitute the charges involved in the present A.M. No. P-07-2299, the aforesaid case should, therefore, be dismissed.

    However, respondent Manio's dismissal from the service in A.M. No. P-07-2397 does not render moot8 the subject complaints of Mallonga and Judge Aquino in A.M. P-07-2298, which were founded on a different set of facts.

    In A.M. No. P-07-2298, we sustain the findings of the OCA and hold respondent Manio guilty of dishonesty and grave misconduct for the second time. The detailed narration of the facts in the unrebutted affidavit of Mallonga and the letter of Judge Aquino, taken together with the copy of the fake resolution, substantially supported the administrative charges of dishonesty and grave misconduct against respondent Manio. She took advantage of her official position and defrauded a potential litigant. Her acts clearly constitute dishonesty which is the "disposition to lie, cheat, deceive or defraud; untrustworthiness; lack of integrity; lack of honesty, probity, or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray."9 On the other hand, the forgery that she committed in furtherance of the deceit constitutes grave misconduct or a "flagrantly or shamefully wrong or improper conduct."10

    Moreover, we view with disfavor respondent Manio's repeated refusal to answer the charges against her. By analogy, we advert to "the principle in criminal law that the first impulse of an innocent man, when accused of wrongdoing, is to express his innocence at the first opportune time."11 Thus, the Court considers her silence and inaction as indicative not only of defiance, but also of guilt.

    Dishonesty or grave misconduct carries the extreme penalty of dismissal from the service with forfeiture of retirement benefits, except accrued leave credits, and perpetual disqualification from re-employment in the government service.12 In OCA v. Cunting,13 we imposed upon the respondent therein the penalty of fine to be deducted from his accrued leave credits in view of the respondent's previous dismissal from the service with forfeiture of retirement benefits, except accrued leave credits, and perpetual disqualification from re-employment in the government service. In the present case, taking into account the Court's earlier decision in Canlas-Bartolome v. Manio, we deem it proper to impose upon respondent Manio the penalty of fine in the amount of P40,000.00 to be deducted from her accrued leave credits in lieu of the extreme penalty of dismissal for a grave offense.

    WHEREFORE, in view of the foregoing, respondent Marites R. Manio is hereby held administratively GUILTY of dishonesty and grave misconduct in A.M. No. P-07-2298. In view of her previous dismissal from the service, a FINE in the amount of P40,000.00 is imposed upon respondent Manio to be deducted from her accrued leave benefits. The Office of the Court Administrator is directed to file appropriate criminal charges against the said respondent.

    A.M. No. P-07-2299 is hereby DISMISSED, as the charges involved therein against respondent Manio had already been resolved by this Court in a prior judgment.

    SO ORDERED.

    Endnotes:


    * On official leave.

    1 Rollo, pp. 5-6.

    2 Id. at 9.

    3 Id. at 10-11.

    4 Id. at 12.

    5 Rollo, A.M. No. P-07-2298, pp. 13-19.

    6 Rollo, A.M. Nos. P-07-2298 and P-07-2299, p. 18 and p. 21, respectively.

    7 539 SCRA 333.

    8 OCA v. Cunting, A.M. No. P-04-1917, December 10, 2007, 539 SCRA 494, 511-512.

    9 CaƱada v. Suerte, A.M. No. RTJ-04-1884, February 22, 2008, 546 SCRA 414, 424.

    10 Faeldonea v. CSC, G.R. No. 143474, August 6, 2002, 386 SCRA 384, 388.

    11 Ortiz v. De Guzman, A.M. No. P-03-1708, February 16, 2005, 451 SCRA 392, 399.

    12 Sections 52 and 58 of Rule IV of the Civil Service Commission Memorandum Circular No. 19-99.

    13 Supra note 8.

    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


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