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

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

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. NO. 172854 : April 16, 2009]

    ADAM B. GARCIA, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION (SECOND DIVISION), LEGAZPI OIL COMPANY, INC., ROMEO F. MERCADO and GUS ZULUAGA, Respondents.

    D E C I S I O N

    QUISUMBING, J.:

    For review are the Decision1 dated February 27, 2006 and the Resolution2 dated May 16, 2006, of the Court of Appeals in CA-G.R. SP No. 51307. The appellate court had affirmed the Decision3 dated April 29, 1998, of the National Labor Relations Commission (NLRC) in NLRC NCR CA No. 0101471-96, which had earlier reversed the Decision4 dated January 24, 1996, of the Labor Arbiter in RAB V Case No. 02-00018-95.

    The pertinent facts5 are as follows:

    Petitioner Adam B. Garcia was employed as Production Maintenance Foreman by respondent Legazpi Oil Company, Inc. (Legazpi Oil) from April 15, 1991 to February 10, 1995.

    In December 1992, respondent Romeo F. Mercado, the Plant Operations Manager, instructed Garcia to look for a road grader to clear and level the plant road network in preparation for the arrival of certain plant visitors. Garcia failed to secure one because no road grader was available then.

    A week later, Mercado reminded Garcia about the road grader. Garcia went to the Area Equipment Services of the Department of Public Works and Highways (DPWH) in Albay. He was able to talk to Engineer Antonio S. Abo, the Fleet-in-Charge, who advised him to come back as there was no available unit yet.

    Mercado further pressed Garcia to follow up the request with the DPWH. This time, Regional Equipment Engineer Bienvenido Bogayong allowed the use of the newly-rehabilitated road grader by way of operational test provided that Legazpi Oil would shoulder fuel consumption and repairs as may be necessary, including materials, equipment and labor cost, as well as the wages of the operator and the helper.

    Oscar A. de la Torre, a DPWH employee, hired Jesus T. Torregoza, a retired DPWH employee, to drive the road grader to Legazpi Oil. Upon their arrival, Garcia and Mercado met them. Engr. Abo then informed Mercado of the aforesaid condition to which Mercado agreed. Thereafter, Mercado orally instructed Garcia to extend the necessary assistance to the DPWH personnel and the needs of the road grader.

    In the course of its operation, the road grader broke down several times. Garcia instructed Roly B. Balanta, Legazpi Oil's Production Maintenance Crew, to make the repairs using spare parts brought by the DPWH personnel except for one bolt piece taken from Legazpi Oil's stockroom.

    Since Engr. Abo and de la Torre were not authorized to rent out government property for private use, they agreed with Mercado to make it appear to Legazpi Oil that it was Torregoza who rented out the road grader. Thereafter, billings for the use of the road grader were prepared and approved by Mercado. Legazpi Oil then issued a check amounting to P37,373.32 in the name of Torregoza. Torregoza endorsed the check to Garcia, who, encashed it. Garcia gave the full amount to Engr. Abo who, in turn, gave him P1,300.00 to pay the accumulated food consumption of the DPWH personnel at the canteen.

    Later, Legazpi Oil used the road grader again. It issued another check amounting to P5,541.45 in the name of Torregoza. Again, Torregoza endorsed the check to Garcia, who, encashed it. De la Torre gave Torregoza P2,000.00. Engr. Abo gave the balance of both checks to Engr. Bogayong as payment for the steering booster used in repairing the road grader.

    On November 25, 1994, Torregoza filed a complaint-affidavit against Garcia with Legazpi Oil. He claimed that Garcia made him endorse the P37,373.32 check and gave him only P2,000.00. He further averred that when he tried to claim the P5,541.45 check, Legazpi Oil's cashier refused to give it to him unless Garcia was around, upon the latter's instruction.

    In a Memorandum6 dated December 7, 1994, Mercado required Garcia to explain within 24 hours why he should not be penalized for the following alleged infractions:

    A. ) CATEGORY NO. 4, Item No. 8

    Offering or accepting directly/indirectly anything of value in exchange for a job, business transactions or any favor in connection with the work, for personal gain or profit.

    b.) CATEGORY NO. 4, Item No. 19, Letter (e) Breach of Trust and Confidence

    Any act of dishonesty with the intention to defraud company.

    Garcia admitted encashing the checks. However, he claimed that he did so only upon Torregoza's request, and that he gave the proceeds thereof to Engr. Abo, less the amount of P1,300.00 which he paid to the canteen. He insisted that since it was against the policy of the Bureau of Equipment of the DPWH to engage in private business, Engr. Abo designated Torregoza, a retired DPWH employee, to sign the necessary papers in his behalf and to collect the amounts due for the use of the road grader and the wages of the workers. He claimed that Mercado had agreed to the arrangement. Garcia insisted that he did not retain a single centavo from the proceeds of the checks. He then requested Mercado to invite all persons involved for an investigation.7

    On December 28, 1994, Mercado placed Garcia under preventive suspension for 30 working days without pay effective December 29, 1994. In the meantime, Mercado submitted to the Personnel and Administrative Manager his findings and recommendation on Garcia's alleged infractions.

    In a Letter8 dated February 3, 1995, Garcia was required to explain within 48 hours his alleged unauthorized use of company personnel, equipment, and materials in the repair of the road grader. He was also placed on forced leave with pay for five working days beginning February 4, 1995. The letter reads in part:

    In the course of our investigation on the case of the Road Grader that was leased to us, it was disclosed that when the Grader broke down you caused the same to be repaired using company personnel, equipment and materials without prior approval by the management. This is a violation of our rules and your act, favored our contractor without the corresponding payment to the company for manpower, equipment, and materials used for the said repair. Attached is a copy of the affidavit of our employee pertaining to that incident.

    x x x

    Garcia explained that he did not seek Mercado's permission before making the repairs because of the latter's instruction to assist the DPWH personnel in the course of their work. He maintained that Mercado knew about the repairs because he was aware of the condition of the road grader and even saw Balanta doing the repairs. He then reiterated his request to invite the DPWH personnel to clear up everything.9

    In a Memorandum10 dated February 10, 1995, Garcia was dismissed due to dishonesty and loss of trust and confidence.

    Garcia filed a complaint for illegal suspension, illegal dismissal, and other labor standard violations against Legazpi Oil, Mercado, and Gus Zuluaga.

    On January 24, 1996, the Labor Arbiter ruled in favor of Garcia. The Labor Arbiter gave credence and full probative weight to the affidavits and testimonies of Garcia,11 Engr. Abo,12 and de la Torre.13 He declared that Garcia was dismissed without just cause and due process. The Labor Arbiter also pronounced that in encashing the two checks, Garcia merely accommodated Torregoza and did not profit from him. Moreover, Torregoza admitted that he received P2,000.00 from de la Torre and not from Garcia. The dispositive portion of the decision reads:

    WHEREFORE, premises considered, judgment is hereby rendered finding respondent Legazpi Oil Co./Romeo Mercado, manager, guilty of illegal dismissal and thereby directing said respondent to reinstate complainant to his former position without loss of seniority rights plus all other benefits, privileges and emoluments he may have been entitled to at the time of his termination from his employment and to pay him full backwages subject to deduction of his earnings elsewhere, reckoned with from the time his compensation was withheld on December 29, 1994 up to the time of actual reinstatement which to date amounted [to] P127,710.88 together with the certificate to the effect that complainant was actually reinstated.

    Respondent is further ordered to pay complainant moral and exemplary damages in the total amount of P10,000.00 plus 10% attorney's fees of the [total] award.

    That the aggregate amount of P151,481.97 together with the certificate to the effect that complainant was actually reinstated be coursed thru this Branch within ten (10) days from receipt hereof for proper disposition.

    Other claims and charges are hereby dismissed for lack of merit.

    SO ORDERED.14

    On appeal, the NLRC set aside the decision of the Labor Arbiter and dismissed the complaint for lack of merit. It did not give credence to Garcia's claims, as well as the affidavits and testimonies of Engr. Abo and de la Torre. The NLRC ruled that Garcia's claim that he gave the proceeds of the checks to Engr. Abo was belied by Engr. Abo who averred that it was Engr. Bogayong who received the said proceeds. It added that Engr. Abo's affidavit and testimony were not worthy of belief because while he alleged in his affidavit that Garcia talked to him about the road grader in December 1992, he claimed during cross-examination that Garcia conferred with him in January 1992.

    However, while the NLRC found that Garcia was dismissed for just cause, it ruled that:

    [W]e cannot subscribe to the manner the dismissal was effected. While the Complainant was given the chance to submit his explanation regarding his alleged violation of company rules, we are not ready to concede to the respondent's position that his right of due process was accorded to him to its fullest. Hence, in this regard, by virtue of this violation, complainant should be awarded an indemnity pay equivalent to his one (1) month salary in accordance with existing jurisprudence. [Citations omitted.]15

    Garcia filed a petition for certiorari before this Court. Pursuant to A.M. No. 99-2-01-SC16 dated February 9, 1999, we remanded the case to the Court of Appeals. The appellate court dismissed the petition on the ground that it only raised questions of fact. It also denied Garcia's motion for reconsideration.

    On appeal, we remanded the case again to the Court of Appeals for further proceedings.17

    On February 27, 2006, the appellate court denied the petition. It found Garcia's encashment of the checks in favor of Torregoza dubious. There was no need for Torregoza to endorse the checks to Garcia for encashment and for Garcia to turn over the proceeds to Engr. Abo since Torregoza could have simply endorsed the checks to any of the DPWH personnel with whom he had transacted. Garcia held a position of trust and confidence and his encashment of the checks resulted in Legazpi Oil's loss of confidence in him. The appellate court also ruled that Garcia was afforded due process prior to his dismissal. He was apprised of his infractions and given the opportunity to answer the charges against him through the submission of his written explanations. The fact that no further investigation was conducted is of no moment since due process does not require a trial-type proceeding similar to those in the courts. Thus, the appellate court ordered:

    WHEREFORE, finding that public respondent NLRC did not act with grave abuse of discretion, the instant petition is hereby DENIED and is accordingly DISMISSED.

    SO ORDERED.18

    Reconsideration having been denied, petitioner now comes before us, alleging that the appellate court erred:

    I.

    'IN DISMISSING THE PETITION AND IN NOT REINSTATING THE DECISION DATED JANUARY 24, 1996 RENDERED BY THE EXECUTIVE LABOR ARBITER [THERE BEING] LACK OF DUE PROCESS IN THE TERMINATION OF EMPLOYMENT OF PETITIONER.19

    II.

    'IN DISMISSING THE PETITION AND IN NOT REINSTATING THE DECISION DATED JANUARY 24, 1996 RENDERED BY THE [EXECUTIVE] LABOR ARBITER [THERE BEING] NO JUST CAUSE FOR THE TERMINATION OF EMPLOYMENT OF PETITIONER.20

    The issues for resolution are: (1) Was the petitioner validly dismissed due to dishonesty and loss of trust and confidence? and (2) Was petitioner afforded due process?cralawred

    The petition is meritorious.

    Records show that Legazpi Oil dismissed petitioner on the ground of dishonesty and loss of trust and confidence due to the following alleged infractions: (1) encashment of two checks in the name of Torregoza; and (2) unauthorized use of company personnel, equipment, and materials in the repair of the road grader.

    On the first ground, it appears that petitioner merely accommodated Torregoza's request. While we see no reason why Torregoza would rather have petitioner encash the checks, it has been duly proven that petitioner turned over the proceeds thereof to Engr. Abo. From the first check of P37,373.32, Engr. Abo gave petitioner only P1,300.00 to pay the accumulated food consumption of the DPWH personnel at the canteen.21 From the second check of P5,541.45, de la Torre gave Torregoza P2,000.00.22 Engr. Abo gave the balance of both checks to Engr. Bogayong as payment for the steering booster used in repairing the road grader.23

    Contrary to Torregoza's claim, it was actually de la Torre and not petitioner who gave him P2,000.00.24 Moreover, his allegation that petitioner instructed the cashier to withhold the release of the second check to him unless petitioner was around, remained unsubstantiated. The cashier was never called to testify during the company investigation or the clarificatory hearings by the Labor Arbiter. Likewise, contrary to what Legazpi Oil has insinuated, petitioner never profited from the encashment of the checks since its full amount has been completely accounted for. Indeed, petitioner merely followed Mercado's oral instruction to extend the necessary assistance to the DPWH personnel.25

    On the second ground, it seems that Mercado knew that the use of the road grader was subject to the condition that Legazpi Oil would shoulder fuel consumption and repairs as may be necessary, including materials, equipment and labor cost, as well as the wages of the operator and the helper. Mercado admitted that he met Engr. Abo when the road grader was delivered to Legazpi Oil and that Engr. Abo informed him of the condition, to which he agreed.26

    It is also clear that Mercado was aware when the road grader broke down since he saw Balanta doing the repairs.27 Had he found petitioner's omission to seek his permission before making the repairs against company policy, he could have called petitioner's attention right there and then. It could only be concluded that petitioner was duly authorized to make use of company personnel, equipment, and materials as a result of Mercado's prior oral instruction to petitioner to extend the necessary assistance to the needs of the road grader.28 No less noteworthy, it was Manager Mercado who goaded Garcia to find a road grader for the use of the company, even to the extent of requesting DPWH, which admittedly is prohibited from renting out government property for private use. Garcia had no option but to follow Mercado's orders.

    Loss of trust and confidence, as a valid ground for dismissal, must be based on willful breach of the trust reposed in the employee by his employer. Such breach is willful if it is done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.29 Elsewise stated, it must be based on substantial evidence and not on the employer's whims or caprices or suspicions; otherwise, the employee would eternally remain at the mercy of the employer.30 A condemnation of dishonesty and disloyalty cannot arise from suspicion spawned by speculative inferences.31

    Loss of confidence must not be indiscriminately used as a shield by the employer against a claim that the dismissal of an employee was arbitrary. Loss of confidence as a just cause for termination of employment is premised on the fact that the employee concerned holds a position of responsibility or trust and confidence. He must be invested with confidence on delicate matters, such as custody handling or care and protection of the property and assets of the employer. And, in order to constitute a just cause for dismissal, the act complained of must be work-related and shows that the employee concerned is unfit to continue to work for the employer.32

    In this case, we do not find the evidence sufficient to hold that petitioner's actuations amounted to a willful breach of trust. Petitioner acted only based on Manager Mercado's oral instruction and we do not see how it could be construed as a breach of trust.

    It is also significant to note that in the memorandum of termination, the other ground for petitioner's dismissal was dishonesty. Again, there is no evidence establishing the basis for this ground. The specific acts which constitute this ground were not even alleged by Legazpi Oil. On the contrary, petitioner has been candid in admitting that he indeed encashed the checks and allowed the repairs of the road grader.chanrobles virtual law library

    All told, the circumstances surrounding the case all militate against the validity of petitioner's dismissal. We need not discuss further the matter of due process.

    WHEREFORE, the instant petition is GRANTED. The Decision dated February 27, 2006 and the Resolution dated May 16, 2006 of the Court of Appeals in CA-G.R. SP No. 51307 are REVERSED.

    Let this case be remanded to the Labor Arbiter for the proper computation of petitioner's monetary benefits in accordance with Article 27933 of the Labor Code of the Philippines.

    Costs against private respondent company.

    SO ORDERED.


    Endnotes:


    1 Rollo, pp. 35-54. Penned by Associate Justice Andres B. Reyes, Jr., with Associate Justices Rosmari D. Carandang and Monina Arevalo-Zenarosa concurring.

    2 Id. at 59A. Penned by Associate Justice Andres B. Reyes, Jr., with Associate Justices Rosmari D. Carandang and Aurora Santiago-Lagman concurring.

    3 Records, Vol. 3, pp. 596-623.

    4 Records, Vol. 2, pp. 418-440.

    5 See Garcia v. National Labor Relations Commission, G.R. No. 147427, February 7, 2005, 450 SCRA 535.

    6 Records, Vol. 1, p. 16.

    7 Id. at 17-18.

    8 Id. at 22.

    9 Id. at 24.

    10 Rollo, p. 14.

    11 Records, Vol. 1, pp. 33-35; 92-108.

    12 Id. at 47-48; 119-127.

    13 Id. at 43-44; 133-148.

    14 Records, Vol. 2, pp. 439-440.

    15 Records, Vol. 3, pp. 621-622.

    16 In Re: Dismissal of Special Civil Actions in NLRC Cases.

    17 Garcia v. National Labor Relations Commission, supra note 5, at 549.

    18 Rollo, p. 54.

    19 Id. at 19-20.

    20 Id. at 24.

    21 Records, Vol. 1, pp. 47-48.

    22 Id. at 43; Records, Vol. 2, p. 429.

    23 Id. at 47-48.

    24 Id. at 43; Records, Vol. 2, pp. 429.

    25 Records, Vol. 2, pp. 430-431.

    26 Id. at 427.

    27 Records, Vol. 1, p. 24.

    28 Records, Vol. 2, pp. 430-431.

    29 Cruz, Jr. v. Court of Appeals, G.R. No. 148544, July 12, 2006, 494 SCRA 643, 654-655; Surigao del Norte Electric Cooperative v. NLRC, G.R. No. 125212, June 28, 1999, 309 SCRA 233, 248.

    30 Cruz, Jr. v. Court of Appeals, supra at 655; P.J. Lhuillier, Inc. v. National Labor Relations Commission, G.R. No. 158758, April 29, 2005, 457 SCRA 784, 798-799; Surigao del Norte Electric Cooperative v. NLRC, supra at 248-249.

    31 Metro Eye Security, Inc. v. Salsona, G.R. No. 167637, September 28, 2007, 534 SCRA 375, 388.

    32 Sulpicio Lines, Inc. v. Gulde, G.R. No. 149930, February 22, 2002, 377 SCRA 525, 529.

    33 ART. 279. Security of Tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.

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


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