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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. 177961 - LOURDES A. SABLE v. PEOPLE OF THE PHILIPPINES, ET AL.

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

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. NO. 177961 : April 7, 2009]

    LOURDES A. SABLE, Petitioner, v. PEOPLE OF THE PHILIPPINES and HON. ENRIQUETA LOQUILLANO-BELARMINO, Presiding Judge, Branch 57, RTC, Cebu City, Respondents.

    D E C I S I O N

    CHICO-NAZARIO, J.:

    Before Us is a Petition for Certiorari1 under Rule 65 of the Revised Rules of Court filed by petitioner Lourdes A. Sable seeking the reversal and the setting aside of the Decision2 dated 14 December 2006 and Resolution3 dated 21 February 2007 of the Court of Appeals in CA-G.R. CEB-CR No. 81981. In its assailed Decision, the Court of Appeals affirmed the Order4 dated 22 July 2003 of the Regional Trial Court (RTC) of Cebu, Branch 57, disallowing petitioner's application for probation in Criminal Case No. CBU-35455, and denied petitioner's Motion for Reconsideration thereof.

    The undisputed facts are as follows:

    Petitioner, together with Concepcion Abangan (Concepcion), Ildefonsa Anoba (Ildefonsa) and Valentine Abellanosa (Valentine), is accused in Criminal Case No. CBU-35455 of Falsification of Public Documents under Article 172(1) in relation to Article 171 of the Revised Penal Code.

    Petitioner and co-accused Ildefonsa were arraigned on 20 July 1994 while co-accused Concepcion was never arrested. During the initial trial, Atty. Gines Abellana, counsel for all the accused, manifested that co-accused Valentine was already dead and requested that his name be dropped from the information.

    Petitioner and co-accused Ildefonsa are the grand-daughters of Eleuteria Abangan, who is one of the registered owners of Lot No. 3608, which is registered under Original Certificate of Title (OCT) No. RO-2740 in the names of Andrea Abangan, Fabian Abangan, Sergio Abangan, Antonino Abangan, Perfecta Abangan and Eleuteria Abangan. Private complainant Gaspar Abangan (Gaspar) is the grandson of Lamberto Abangan, who is a brother of the registered owners of the lot. Petitioner, together with her co-accused Ildefonsa, allegedly falsified an Extrajudicial Declaration of Heirs with Waiver of Rights and Partition Agreement, as the signatures contained therein were not the signatures of the true owners of the land. Petitioner and Ildefonsa also allegedly caused it to appear that a certain Remedios Abangan, who was already dead, signed the document.

    By virtue of the Extrajudicial Declaration of Heirs, Lot No. 3608 was subdivided into two lots, namely, 3608-A and 3608-B; and OCT No. RO-2740 was cancelled. Lot No. 3608-A was transferred to the name of co-accused Concepcion and was registered under Transfer Certificate of Title (TCT) No. 113266. With respect to Lot No. 3608-B, petitioner was able to execute a Deed of Absolute Sale in favor of one Perpetua Sombilon, and accordingly, the title to the lot was transferred to the name of the latter under TCT No. 113267.

    On 28 November 2000, the RTC convicted petitioner of the crime of Falsification of Public Documents under Article 172(1) in relation to Article 171 of the Revised Penal Code, but acquitted Ildefonsa. The dispositive portion of the Decision reads:

    WHEREFORE, in view of the foregoing, the court finds accused Ildefonsa Anoba not guilty. However, the court finds Lourdes Abellanosa Sable guilty beyond reasonable doubt of the crime charged and hereby sentences her to suffer an indeterminate penalty of FOUR (4) YEARS, TWO (2) MONTHS and ONE (1) DAY to SIX (6) YEARS.5

    Thereafter, petitioner filed a Motion for Reconsideration6 of said RTC Decision on 20 January 2001. After several postponements due to the vacancy in the court a quo, the motion was submitted for resolution only on 29 June 2001. The same was denied by respondent Judge Enriqueta Loquillano-Belarmino in an Order7 dated 20 November 2003. On 13 December 2002, a copy of the Order denying reconsideration of the judgment was received by petitioner's counsel.

    Due to petitioner's failure to interpose a timely appeal, an entry of judgment was issued on 5 June 2003. Petitioner, through counsel, filed Motions to Recall Warrant of Arrest and to Vacate Entry of Judgment with Reconsideration and Explanation8 on 12 June 2003 alleging, among other things, that petitioner's counsel did not receive the Order because it was received by a certain Che who was undergoing practicum in her counsel's law office. On the day of receipt thereof, it was Che's last day at the office. Petitioner's counsel further alleged that he was of the belief that his Motion for Reconsideration of the judgment of conviction would be rescheduled for hearing after the same had been postponed due to the vacancy in the court a quo.

    Pending resolution of the Motions to Recall Warrant of Arrest and to Vacate Entry of Judgment with Reconsideration, petitioner filed a Notice of Appeal on 17 June 2003.9

    Subsequently, in an Order10 dated 22 July 2003, respondent Judge denied the Motions to Recall Warrant of Arrest and to Vacate Entry of Judgment. Petitioner's Notice of Appeal was also denied for having been filed out of time.

    On 25 August 2003, petitioner moved for the reconsideration of the 22 July 2003 Order and intimated her desire to apply for probation instead of appealing the judgment of conviction.11 In a Motion12 dated 15 October 2003, petitioner again prayed for the Recall of the Warrant of Arrest against her, while her Motion for Reconsideration and her application for probation were pending resolution before the RTC.

    Finally, on 20 November 2003, the RTC issued the assailed Order, the dispositive portion of which reads as follows:

    WHEREFORE, accused's motion for reconsideration of the Order dated July 22, 2003, motion to recall warrant of arrest and motion to allow accused to avail of the benefits of the Probation Law, all are hereby denied.13

    Petitioner filed a Petition for Certiorari under Rule 65 before the Court of Appeals docketed as CA-G.R. CEB-CR No. 81981, raising the sole issue of whether or not the respondent court acted with grave abuse of discretion in denying the application for probation.

    In its Decision14 dated 14 December 2006, the Court of Appeals denied the petition for lack of merit, stating that the alleged failure of petitioner's counsel to timely appeal the judgment of conviction following the denial of the reconsideration thereof could not amount to excusable negligence. It further enunciated that a notice of appeal of judgment filed six months after the denial of the motion for reconsideration was denied is filed out of time and, as a result, the application for probation must necessarily fail because the remedies of appeal and probation are alternative and mutually exclusive of each other.

    The Court of Appeals refused to reconsider its earlier Decision in a Resolution dated 21 February 2007.

    Hence, this Petition for Certiorari under Rule 65 of the Rules of Court raising the sole issue:

    WHETHER OR NOT THE HONORABLE COURT OF APPEALS ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN AFFIRMING THE TRIAL COURT'S ORDER DENYING PETITIONER'S APPLICATION FOR PROBATION.15

    The petitioner prays that the instant petition be granted by allowing her to apply for probation and ordering the RTC through respondent Judge to act on the application for probation by the petitioner, based upon the recommendation of the probationer who may be assigned to conduct the investigation of said application.

    For the State, the Solicitor General argues that the Court of Appeals properly denied the petition before it because, first, it is procedurally flawed for being an improper recourse; and secondly, for non-compliance with the mandatory requirement of the law that an application for probation must be filed within the period for perfecting an appeal.

    We find the Petition devoid of merit.

    Probation is a special privilege granted by the state to a penitent qualified offender. It essentially rejects appeals and encourages an otherwise eligible convict to immediately admit his liability and save the state the time, effort and expenses to jettison an appeal.16

    The pertinent provision of the Probation Law, as amended, reads:

    Sec. 4. Grant of Probation.'Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced a defendant and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best; Provided, That no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.

    Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal.17 (Emphasis supplied.)

    It is quite clear from the afore-quoted provision that an application for probation must be made within the period for perfecting an appeal, and the filing of the application after the time of appeal has lapsed is injurious to the recourse of the applicant.

    In the present petition before Us, petitioner filed the application for probation on 25 August 2003, almost eight months from the time the assailed judgment of the RTC became final. Clearly, the application for probation was filed out of time pursuant to Rule 122, Sec. 6 of the Rules of Court, which states that an "appeal must be taken within fifteen (15) days from promulgation of the judgment or from notice of the final order appealed from." In Palo v. Militante,18 this Court held that what the law requires is that the application for probation must be filed within the period for perfecting an appeal. The need to file it within such period is intended to encourage offenders, who are willing to be reformed and rehabilitated, to avail themselves of probation at the first opportunity.

    Furthermore, the application for probation must necessarily fail, because before the application was instituted, petitioner already filed a Notice of Appeal before the RTC on 17 June 2003. The Probation Law is patently clear that "no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction."

    The law expressly requires that an accused must not have appealed his conviction before he can avail himself of probation. This outlaws the element of speculation on the part of the accused - - to wager on the result of his appeal - - that when his conviction is finally affirmed on appeal, the moment of truth well nigh at hand and the service of his sentence inevitable, he now applies for probation as an "escape hatch," thus rendering nugatory the appellate court's affirmance of his conviction. Consequently, probation should be availed of at the first opportunity by convicts who are willing to be reformed and rehabilitated; who manifest spontaneity, contrition and remorse.19

    This was the reason why the Probation Law was amended, precisely to put a stop to the practice of appealing from judgments of conviction even if the sentence is probationable, for the purpose of securing an acquittal and applying for the probation only if the accused fails in his bid.20

    We also note that the petitioner is unable to make up her mind as to what recourse she will pursue, since in her petition for Certiorari she questioned the denial of her probation,21 while in her Memorandum she questioned the denial of her appeal.22 This just obviously manifests the intention of petitioner to benefit from the remedy of probation just in case the remedy of appeal is not given due course. Prevailing jurisprudence treats appeal and probation as mutually exclusive remedies because the law is unmistakable about it and, therefore, petitioner cannot avail herself of both.23

    The explanation given by petitioner as to the cause of the failure to appeal the judgment of conviction is flimsy. Petitioner's counsel claims that the Order of the RTC denying the Motion for Reconsideration dated 20 January 2001 was received by a certain Che, who was a student doing practicum in his law office, and he attributed the non-receipt of the Order to her and claimed that the mistake was excusable.ςηαñrοblεš νιr υαl lαω lιbrαrÿ

    We agree with the Court of Appeals that to constitute excusable negligence, such must be due to some unexpected or unavoidable event, and not due to petitioner counsel's self - admitted mistake or negligence in not giving proper instruction to his staff.

    Time and again, the Court has admonished law firms to adopt a system of distributing pleadings and notices, whereby lawyers working therein promptly receive notices and pleadings intended for cases. The Court has also often repeated that clerk's negligence that adversely affects the cases handled by lawyers is binding upon the latter.24

    Finally, we find that there is an error in the mode of appeal used by petitioner. Under Rule 122, Section 3(e) of the Rules of Court, "[e]xcept as provided in the last paragraph of Section 13, Rule 124, all other appeals to the Supreme Court shall be by Petition for Review on Certiorari under Rule 45."

    Here, petitioner elevated this petition via a Petition for Certiorari under Rule 65. Under the Rules, subject to the exceptions,25 appeal to the Supreme Court must be via a petition for Review under Rule 45. Since, this appeal is not within the exceptions, the proper mode of appeal should be a Petition for Review under Rule 45, not under Rule 65.

    It has been held that the proper remedy of the party aggrieved by a decision of the Court of Appeals is a Petition for Review under Rule 45, which is not identical with a Petition for Review under Rule 65. Under Rule 45, decisions, final orders or resolutions of the Court of Appeals in any case, i.e., regardless of the nature of the action or proceedings involved, may be appealed to us by filing a Petition for Review, which would be but a continuation of the appellate process over the original case. On the other hand, a special civil action under Rule 65 is an independent action based on the specific ground therein provided and, as a general rule, cannot be availed of as a substitute for the lost remedy of an ordinary appeal, including that to be taken under Rule 45.26 One of the requisites of certiorari is that there be no available appeal or any plain, speedy and adequate remedy. Where an appeal is available, certiorari will not prosper even if the ground therefor is grave abuse of discretion.27 Accordingly, when a party adopts an improper remedy, as in this case, his petition may be dismissed outright.28

    Therefore, there is no abuse of discretion amounting to lack or excess of jurisdiction in the Court of Appeals' Decision and Resolution affirming the trial court's Orders denying petitioner's Notice of Appeal, Motions to Recall Warrant of Arrest and to Vacate Entry of Judgment, and the application for probation. There is nothing capricious in not granting an appeal after the time to file the same has lapsed, nor is there anything arbitrary in denying an application for probation after a notice of appeal has been filed.ςηαñrοblεš νιr υαl lαω lιbrαrÿ

    WHEREFORE, premises considered, the instant Petition for Certiorari under Rule 65 is hereby DISMISSED. The Decision dated 14 December 2006 and Resolution dated 21 February 2007 of the Court of Appeals are AFFIRMED. No costs.

    SO ORDERED.

    Endnotes:


    * Per Special Order No. 602, dated 20 March 2009, signed by Chief Justice Reynato S. Puno, designating Associate Justice Conchita Carpio Morales to replace Associate Justice Ma. Alicia Austria-Martinez, who is on official leave.

    1 Rollo, pp. 4-9.

    2 Penned by Associate Justice Romeo F. Barza with Associate Justices Isaias P. Dican and Priscilla Baltazar - Padilla, concurring. Id. at 37-43.

    3 Id. at 47-48.

    4 Penned by Hon. Enriqueta Loquillano-Belarmino; id. at 39.

    5 Id. at 16.

    6 Id. at 17 - 21.

    7 Id. at 22-23.

    8 Id. at 24 - 25.

    9 Id. at 39.

    10 Id. at 32-35.

    11 Id. at 40.

    12 Id. at 36.

    13 Id. at 23.

    14 Id. at 37-43.

    15 Id. at 7.

    16 Francisco v. Court of Appeals, 313 Phil. 241, 254-255 (1995).

    17 Presidential Decree No. 968 as amended by Presidential Decree No. 1990.

    18 G.R. No. 76100, 18 April 1990, 184 SCRA 395, 400.

    19 Francisco v. Court of Appeals, supra note 16 at 256-257.

    20 People v. Judge Evangelista, 324 Phil. 80, 86-87 (1996).

    21 Rollo, p. 7.

    22 Id. at 157.

    23 Llamado v. Court of Appeals, G.R. No. 84850, 29 June 1989, 174 SCRA 566, 572-573; Bala v. Martinez, G.R. No. 67301, 29 January 1990, 181 SCRA 459, 468-469.

    24 Negros Stevedoring Co., Inc. v. Court of Appeals, G.R. No. L-36003, 21 June 1988, 162 SCRA 371, 375.

    25 Rule 124, Section 13 (2nd paragraph). Whenever the Court of Appeals finds that the penalty of death, reclusion perpetua,or life imprisonment should be imposed in a case, the court, after discussion of the evidence and the law involved, shall render judgment imposing the penalty of death, reclusion perpetua,or life imprisonment as the circumstances warrant. However, it shall refrain from entering the judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court for review.

    26 Mercado v. Court of Appeals, G.R. No. 150241, 4 November 2004, 441 SCRA 463, 469.

    27 VMC Rural Electric Service Cooperative, Inc. v. Court of Appeals, G.R. No. 153144, 16 October 2006, 504 SCRA 336, 352.

    28 Mercado v. Court of Appeals, supra note 26.

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


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