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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
 

   
December-2009 Jurisprudence                 

  • A.C. No. 7054 - Conrado N. Que v. Atty. Anastacio Revilla, Jr.

  • A.M. No. P-09-2600 - Emma B. Ramos v. Apollo R. Ragot

  • A.M. No. P-09-2636 Formerly OCA IPI No. 07-2681-P - Atty. Eduardo Francisco v. Liza O. Galvez

  • A.M. No. P-09-2676 - Judge Juanita T. Guerrero v. Teresita V. Ong

  • A.M. No. RTJ-05-1953 - Mayor Hadji Amer R. Sampiano, et al. v. Judge Cader P. Indar, Acting Presiding Judge, Regional Trial Court, Br. 12, Malabang, Lanao del Sur

  • A.M. No. RTJ-07-2055 - Heir of the late Rev. Fr. Jose O. Aspiras v. Judge Clifton U. Ganay, Presiding Judge of the Regional Trial court, Branch 31, Agoo, La Union

  • A.M. No. RTJ-09-2170 Formerly OCA I.P.I. No. 09-3094-RTJ - Heirs of Simeon Piedad, namely, Eliseo Piedad, et al. v. Executive Judge Cesar O. Estrena and Judge Gaudiso D. Villarin

  • G.R. No. 146548 : December 18, 2009 - HEIRS OF DOMINGO HERNANDEZ, SR., namely: SERGIA V. HERNANDEZ (Surviving Spouse), DOMINGO V. HERNANDEZ, JR., and MARIA LEONORA WILMA HERNANDEZ, Petitioners, v. PLARIDEL MINGOA, SR., DOLORES CAMISURA, MELANIE MINGOA AND

  • G.R. No. 147951 - Arsenio F. Olegario, et al. v. Pedro C. Mari, represented by Lilia C. Mari-Camba

  • G.R. No. 155125 - YSS Employees Union-Philippine Transport and General Organization v. YSS Laboratories, Inc.

  • G.R. No. 156208 - NPC Drivers and Mechanics Association, et al. v. The National Power Corporation, et al.

  • G.R. No. 149548, G.R. No. 167505, G.R. No. 167540, G.R. No. 167543, G.R. No. 167845, G.R. No. 169163 and G.R. No. 179650 - ROXAS and COMPANY, INC. v. DAMBA-NFSW AND THE DEPARTMENT OF AGRARIAN REFORM/DAMAYAN NG MGA MANGGAGAWANG BUKID SA ASYENDA ROXAS-NATIO

  • G.R. No. 157038 - Government Serive Insurance System v. Jean E. Raoet

  • G.R. No. 157867 - Metropolitan Bank & Trust Company v. Hon. Salvador Abad Santos

  • G.R. No. 159788 - Sotero Roy Leonero, et al. v. Spouses Marcelino B. Barba, et al.

  • G.R. No. 159792 - Barangay Sangalang, represented by its Chairman Dante C. Marcellana v. Barangay Maguihan, represented by its Chairman Arnulfo Villarez

  • G.R. No. 160146 - Leslie Okol v. Slimmers World International, et al.

  • G.R. No. 160367 - Evelyn S. Cabungcal, et al. v. Sonia R. Lorenzo, et al.

  • G.R. No. 161424 - Republic of the Philippines v. Ignacio Leonor and Catalino Razon

  • G.R. No. 161929 - Lynn Paz T. Dela Cruz, et al. v. Sandiganbayan, et al.

  • G.R. No. 163117 - Equitable PCI Bank, Inc. v. Maria Letecia Fernandez, et al.

  • G.R. No. 162243, G.R. NO. 164516 and G.R. NO. 171875 - Hon. Heherson T. Alvarez v. PICOP Resources, Inc.

  • G.R. No. 163553 - Yun Kwan Byung v. Philippine Amusement Gaming Corporation

  • G.R. No. 164195 - Apo Fruits Corporation and Hijo Plantation, Inc. v. The Hon. Court of Appeals, and Land Bank of the Philippines

  • G.R. No. 165109 - Manuel Mamba, et al. v. Edgar R. Lara, et al.

  • G.R. No. 165299 - Pacific Steam Laundry, Inc. v. Laguna Lake Development Authority

  • G.R. No. 165387 - Mayon Estate Corporation and Earthland Developer Corporation v. Lualhati Beltran

  • G.R. No. 166570 - Efren M. Herrera, et al. v. National Power Corporation, et al.

  • G.R. No. 166941 - Spouses Dennis Barias and Divina Barias v. Heirs of Bartolome Boneo, namely, Juanita Leopoldo, et al.

  • G.R. No. 168668 - Philippine Economic Zone Authority (PEZA), et al. v. Pearl City Manufacturing Corporation, et al.

  • G.R. No. 168897 - Gina M. Tiangco and Salvacion Jenny Manego v. Uniwide Sales Warehouse Club, Inc. and Jimmy Gow

  • G.R. No. 168756 and G.R. NO. 171476 - Shrimp Specialist, Inc., v. Fuji-Triumph Agri-Industrial Corporation

  • G.R. No. 170447 - Bievenido Di o and Renato Comparativo v. Pablo Olivarez

  • G.R. No. 170476 - People of the Philippines v. Ricardo Grande

  • G.R. No. 170661 - Ramon B. Formantes v. Duncan Pharmaceutical, Philis., Inc.

  • G.R. No. 171023 - Arsenio S. Quiambao v. Manila Electric Company

  • G.R. No. 171669 - Heirs of Rodrigo Yacapin, namely, Sol Belnas, et al. v. Felimon Belida (Deceased), represented by Merlyn B. Palos, et al.

  • G.R. No. 171916 - Constantino A. Pascual v. Lourdes S. Pascual

  • G.R. No. 172092 - People of the Philippines v. Joey Tion y Cabadu

  • G.R. No. 172372 - The People of the Philippines v. Romar Teodoro y Vallejo

  • G.R. No. 172822 - MOF COMPANY, INC., v. SHIN YANG BROKERAGE CORPORATION

  • G.R. No. 173158 - Alejandro B. Ty and International Realty Corporation v. Queen's Row Subdivision, Inc., et al.

  • G.R. No. 173319 - Federico Miguel Olbes v. Hon. Danilo A. Buemio, etc. et al.

  • G.R. No. 173329 - Susan G. Po and Lilia G. Mutia v. Omerio Dampal

  • G.R. No. 173441 - Heirs of Sofia Quirong, etc. v. Development Bank of the Philippines

  • G.R. No. 173533 - Vicente N. Luna, Jr. v. Nario Cabales, Oscar Pabalan, et al.

  • G.R. No. 174480 - People of the Philippines v. Reynaldo Albalate, Jr.

  • G.R. No. 175115 - Lily O. Orbase v. Office of the Ombudsman and Adoracion Mendoza-Bolos

  • G.R. No. 175393 and G.R. NO. 177731 - Government Service Insurance System v. RTC of Pasig, et al.

  • G.R. No. 175466 - Bank of the Philippine Islands as successor-in-interest of Far East Bank and Trust Company v. SMP, Inc.

  • G.R. No. 175803 - Governor Ornaldo A. Fua, Jr., et al. v. The Commission on Audit, et al.

  • G.R. No. 175994 - Jesus Campos and Rosemarie Campos-Bautista v. Nenita Buevinida Pastrana, et al.

  • G.R. No. 176291 - Jorge B. Navarra v. Office of the Ombudsman, Samuel Namnama, et al.

  • G.R. No. 176951, G.R. No. 177499 and G.R. No. 178056 - League of cities of the Philippines, et al. v. COMELEC

  • G.R. No. 177384 - Josephine Wee v. Republic of the Philippines

  • G.R. No. 177404 and G.R. NO. 178097 - Land Bank of the Philippines v. Kumassie Plantation Company Incorporated

  • G.R. No. 177486 - Purisimo S. Buyco v. Nelson Baraquia

  • G.R. No. 177664 - CRC Agricultural Trading and Rolando B. Catindig v. National Labor Relations Commission and Roberto Obias

  • G.R. No. 177777 - People of the Philippines v. Fernando Gutierrez y Gatso

  • G.R. No. 178000 and 178003 - Liberato M. Carabeo v. Court of Appeals, et al.

  • G.R. No. 178606 - The Episcopal Diocese of the Northern Philippines v. The District Engineer, MPED-DPWH

  • G.R. No. 179328 - Rizalina P. Positos v. Jacob M. Chua

  • G.R. No. 179356 - Kepco Philippines Corporation v. Commissioner of Internal Revenue

  • G.R. No. 179505 - First Philippine Holding Corporation v. Trans Middle East (Phils.) Equities Inc.

  • G.R. No. 179554 - Metropolitan Manila Development Authority v. Trackworks Rail Transit Advertising, Vending and Promotions, Inc.

  • G.R. No. 178158 and G.R. NO. 180428 - Strategic Alliance Development Corporation v. Radstock Securities Limited and Philippine National Construction corporation

  • G.R. No. 179830 - Lintang Bedol v. Commssion on Elections

  • G.R. No. 179946 - The People of the Philippines v. Quirino Cabral y Valencia

  • G.R. No. 179952 - Metropolitan Bank and Trust Company, etc. v. BA Finance Corporation and Malayan Insurance Co, Inc.

  • G.R. No. 180218 - REPUBLIC OF THE PHILIPPINES v. DEVELOPMENT RESOURCES CORPORATION, ET AL.

  • G.R. No. 180439 - Resort Hotels Corporation, Rodolfo M. Cuenca Insvestment Corporation v. Development Bank of the Philippines and SM Investment Corp.

  • G.R. No. 181174 - Ma. Cristina Torres Braza, et al. v. The City Registrar of Himamaylan City, Negros Occidental, minor Patrick Alvin Titular Braza, represented by Leon Titular, et al.

  • G.R. No. 181455 and G.R. No. 182008 - Santiago Cua, Jr., et al. v. Miguel Ocampo Tan, et al.

  • G.R. No. 181556 - In Re: Petition for Assistance in the Liquidation of Intercity Savinds and Loan Bank, Inc., Philippine Deposit Insurance Corporation v. Stockholders of Intercity Savings and Loan Bank, Inc.

  • G.R. No. 181571 - Juno Batistis v. People of the Philippines

  • G.R. No. 182013 - Quasha Ancheta Pe a & Nolasco Law Office and Legeng International Reports, Limited v. The Special Sixth Division of the Court of Appeals, et al.

  • G.R. No. 182161 - Rev. Father Robert P. Reyes v. Court of Appeals, et al.

  • G.R. No. 182216 - Plantation Bay Resort & Spa and Efren Belarmino v. Romel S. Dubrico, et al.

  • G.R. No. 182310 - People of the Philippines v. Jan Michael Tan and Archie Tan

  • G.R. No. 182336 - Elvira O. Ong v. Jose Casim Genio

  • G.R. No. 182430 - Leopoldo Abante v. KJGS Fleet Management Manila and/or Gur Domingo A. Macapayag, Kristian Gerhard Jebsens Skipsrenderi A/S

  • G.R. No. 182623 - Dionisio M. Musnit v. Sea Star Shipping Corporation and Sea Star Shipping Corporation, Ltd.

  • G.R. No. 182498 - Gen. Avelino I. Razon, Jr., chief, Philippine National Police (PNP), et al. v. Mary Jean B. Tagitis

  • G.R. No. 182626 - Hilario S. Ramirez v. Hon. Court of Appeals, et al.

  • G.R. No. 182645 - In the matter of the Heirship (Intestate Estates) of the late Hermogenes Rodriguez, et al., Rene B. Pascual v. Jaime M. Robles

  • G.R. No. 182735 - Sps. Rogelio Marcelo & Milagros v. Philippine Commercial International Bank (PCIB)

  • G.R. No. 183233 - Virgilio G. Anabe v. Asian Construction (ASIAKONSTRUKT), et al.

  • G.R. No. 183297 - National Power Corporation v. Hon. Amer Ibrahim, etc., et al.

  • G.R. No. 183317 - Mariwasa Siam Ceramics, Inc. v. The Secretary of the Department of Labor and Employment, et al.

  • G.R. No. 18335 - Juanito Tabigue, et al. v. International Copra Export Corporation (INTERCO)

  • G.R. No. 183908 - Joelson O. Iloreta v. Philippine Transmarine Carriers, Inc. and Norbulk Shipping U.K. Ltd.

  • G.R. No. 184836 - Simon B. Aldovino, Jr., Danilo B. Faller and Ferdinand N. Talabong v. Commission on Elections and Wilfredo F. Asilo

  • G.R. No. 184977 - Coca Cola Bottlers Philippines, Inc. v. Ricky E. Dela Cruz, et al.

  • G.R. No. 185011 - People of the Philippines v. SP03 Sangki Ara y Mirasol, et al.

  • G.R. No. 185381 - People of the Philippines v. Danilo Cruz y Culala

  • G.R. No. 185477 - Herminio M. Gutierrez, et al. v. Flora Mendoza-Plaza, et al.

  • G.R. No. 185749 - Civil Service Commission v. Herminigildo L. Andal

  • G.R. No. 186234 - People of the Philippines v. Felix Palgan

  • G.R. No. 186242 - Government Service Insurance System v. City Treasurer and City Assessor of the City of Manila

  • G.R. No. 186460 - People of the Philippines v. Gualberto Cinco y Soyosa

  • G.R. No. 186965 - Temic Automotive Philippines, Inc. v. Temic Automotive Philippines, Inc., Employees Union

  • G.R. No. 187478 - Representative Danila Ramon S. Fernandez v. House of Representatives Electoral Tribunal and Jesus L. Vicente

  • G.R. No. 187494 - People of the Philippines v. Elmer Barberos

  • G.R. No. 187838 - Adriatico Consortium, Inc. Primary Realty Corp., and Benito Cu-Uy-Gam v. Land Bank of the Philippines

  • G.R. No. 188240 - Michael L. San Miguel v. Commission on Elections and Christopher V. Aguilar

  • G.R. No. 189868 - KABATAAN PARTY-LIST, ET AL. v. COMELEC

  • G.R. No. 189698 - ELEAZAR P. QUINTO and GERINO A. TOLENTINO, JR., v. COMELEC

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    G.R. No. 166941 - Spouses Dennis Barias and Divina Barias v. Heirs of Bartolome Boneo, namely, Juanita Leopoldo, et al.

      G.R. No. 166941 - Spouses Dennis Barias and Divina Barias v. Heirs of Bartolome Boneo, namely, Juanita Leopoldo, et al.

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. NO. 166941 : December 14, 2009]

    SPOUSES DENNIS BARIAS and DIVINA BARIAS, Petitioners, v. HEIRS OF BARTOLOME BONEO, namely, JUANITA, LEOPOLDO, ANTONIO, CARMELO, NIMFA, EDWIN, ELPIDIO, ANGELICA, EMILIO, BARTOLOME, JR., and EPIFANIO, all surnamed BONEO, represented by JUANITA VOLANTE BONEO, Respondents.

    D E C I S I O N

    CARPIO MORALES, J.:

    Respondents, Heirs of Bartolome Boneo, are registered owners of a parcel of land (the property) identified as Lot No. 1086, Cad-483-D in Sta. Teresa, Malilipot, Albay, covered by Original Certificate of Title No. P-29864 which was issued on the basis of a free patent granted on October 3, 1991.1

    Respondents, alleging that the Spouses Dennis and Divina Barias (petitioners) have been occupying a portion of the property for residential purposes on their (respondents') mere tolerance, and that despite verbal demands and a written demand by letter of August 18, 2001, petitioners refused to vacate the premises, filed a complaint2 for unlawful detainer and damages.

    In their Answer,3 petitioners charged respondents with forum shopping, claiming that the portion of the property subject of the complaint was also the subject of a case between petitioners and respondents' predecessor-in-interest Silvestra Bo Boneo (Silvestra) pending appeal before the Court of Appeals. They also claimed that Carmen Bendicio-Belir, the mother of petitioner Divina Barias, bought a portion of the property from Silvestra, respondents' stepmother, by a Deed of Absolute Sale4 dated August 8, 1994.

    The MCTC, which found respondents guilty of forum shopping,5 dismissed respondents' complaint in this wise:

    x x x The defendant-spouses submitted to the court a Deed of Absolute sale dated August 8, 1994 xxx which showed that Silvestra Bo Boneo, the plaintiffs' predecessor-in-interest, had sold a portion of the lot in question (Lot No. 1086) to the former consisting of 1,143 square meters. This deed was duly registered in the Office of the Register of Deeds on August 9, 1994. The sale of a portion of Lot No. 1086 by Silvestra Bo Boneo to the defendants binds the plaintiffs in this case. The rule is settled that plaintiffs as successor-in-interest over the lot, merely stepped into the shoes of the original owner, Silvestra. They are deemed to succeed only to such remaining interest of Silvestra over Lot No. 1086. This rule applies even if plaintiffs were able to secure a title xxx only in the year 2000. Until such Deed of Sale executed in defendant[']s favor has been declared null and void by final judgment, the court has no recourse but to respect the same.6 (underscoring supplied)

    On appeal to the Regional Trial Court (RTC), respondents denied that they are Silvestra's successors-in-interest. They claimed that she was the second wife of Crispin Boneo and stepmother of the late Bartolome Boneo, their father and immediate predecessor-in-interest, hence, they can not be considered as the legal heirs or even successors-in-interest of Silvestra. They thus concluded that the Deed of Absolute Sale over the disputed portion of the property executed by Silvestra in favor of the herein petitioners has no binding effect upon them.7

    While the RTC did not find respondents guilty of forum shopping, it nevertheless dismissed their appeal, holding that petitioners have a superior right to possess the property.8 Brushing aside respondents' argument that they are not Silvestra's successors-in-interest, the RTC held that when Silvestra died, respondents moved to substitute her in the case between her and petitioners.9

    On appeal, the Court of Appeals reversed the RTC decision10 in this wise:

    It was error for both the RTC and MTC to have sustained respondents'[-herein petitioners'] claim which was based on a deed of sale, as against the claim of petitioners[-herein respondents], which was based on a free patent (OCT No. P-29864) issued by the Bureau of lands on October 3, 1991.

    In Pitargue v. Sorilla,11 the plaintiff was considered as having a better right to the possession of the public land which he applied for against any other public land applicant, which right may be protected by the possessory action of forcible entry or by another suitable remedy that the rules provide, even while his application was still pending consideration, and while title to the land was still with the government.

    If in said case, a mere applicant was held to have acquired superior possessory right over a portion of public land, with more reason, therefore, that . . . petitioners'[-herein respondents'] right to the possession of the subject property ought to be upheld. For here, petitioners'[-herein respondents'] claim is predicated upon Free Patent No. 050509-91143P issued in the name of "Hrs. of BARTOLOME BONEO Rep. by Juanita Boneo." This free patent has the force and effect of a Torrens Title. And it is axiomatic that a Torrens Title cannot be indirectly or collaterally attacked, as respondents apparently sought to do in this case. On the other hand, respondents'[-herein petitioners'] predecessor-in-interest, Silvestra Boneo, does not at all appear to be a patentee or grantee of the disputed premises by any of the means recognized by law as she is only the stepmother of Bartolome Boneo. Neither was it shown that Silvestra Boneo was ever a prior applicant to the contested lot.

    It was also reversible error for the RTC to hold that petitioners merely stepped into the shoes of Silvestra Boneo on the basis mainly of the motion for substitution that they filed in CA-G.R. SP No. 62015.

    For, the records showed that petitioners [herein respondents] sought to substitute Silvestra Boneo not necessarily because they are her successors-in-interest, but because, among other things, it was the heirs of Bartolome Boneo, alleged collateral relations of Silvestra Boneo, who bankrolled the expenses in the prosecution of this case. x x x.12 (emphasis partly in the original, partly supplied; underscoring supplied)

    Hence, petitioners' present petition faulting the Court of Appeals

    -I -

    X X X IN HOLDING THAT: "IT WAS ERROR FOR BOTH THE RTC AND THE MTC TO HAVE SUSTAINED RESPONDENTS' CLAIM, WHICH WAS BASED ON A DEED OF SALE, AS AGAINST THE CLAIM OF PETITIONERS WHICH WAS BASED ON A FREE PATENT (OCT No. P-29864) ISSUED BY THE BUREAU OF LANDS ON OCTOBER 3, 1991."

    -II -

    X X X IN HOLDING THAT: "IT WAS ALSO REVERSIBLE ERROR FOR THE RTC TO HOLD THAT PETITIONERS MERELY STEPPED INTO THE SHOES OF SILVESTRA BONEO ON THE BASIS MAINLY OF THE MOTION FOR SUBSTITUTION THAT THEY FILED IN CA-G.R. SP NO. 62015."

    -III -

    X X X IN NOT FINDING PETITIONERS GUILTY OF "FORUM SHOPPING" WARRANTING OUTRIGHT DISMISSAL OF THEIR PETITION.13

    The petition is bereft of merit.

    The test in determining the presence of forum shopping is whether in two or more cases pending, there is identity of (1) parties, (2) rights or causes of action, and (3) reliefs sought.14

    The case filed by Silvestra, which was pending when respondents filed the complaint for unlawful detainer, was for annulment of the deed of sale that she executed in favor of petitioner Divina Barias' mother.15 Thus, the causes of action of that case and respondents' complaint for unlawful detainer subject of the present petition are different: the cause of action of the first is the alleged fraud in inducing Silvestra to execute the deed of sale, while the cause of action of the second is the alleged unlawful possession of petitioners of that portion of the property which was allegedly sold by Silvestra. The reliefs sought in both cases are likewise different.???r?bl?

    G.R. No. 166941 - Spouses Dennis Barias and Divina Barias v. Heirs of Bartolome Boneo, namely, Juanita Leopoldo, et al.


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