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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. 18335 - Juanito Tabigue, et al. v. International Copra Export Corporation (INTERCO)

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

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. NO. 183335 : December 23, 2009]

    JUANITO TABIGUE, ALEX BIBAT, JECHRIS DASALLA, ANTONIO TANGON, ROLANDO PEDRIGAL, DANTE MAUL, ALFREDO IDUL, EDGAR RAMOS, RODERICK JAVIER, NOEL PONAYO, ROMEL ORAPA, REY JONE, ALMA PATAY, JERIC BANDIGAN, DANILO JAYME, ELENITA S. BELLEZA, JOSEPHINE COTANDA, RENE DEL MUNDO, PONCIANO ROBUCA, and MARLON MADICLUM, Petitioners, v. INTERNATIONAL COPRA EXPORT CORPORATION (INTERCO), Respondent.

    D E C I S I O N

    CARPIO MORALES, J.:

    Petitioner Juanito Tabigue and his 19 co-petitioners, all employees of respondent International Copra Export Corp-oration (INTERCO), filed a Notice of Preventive Mediation with the Department of Labor and Employment - National Conciliation and Mediation Board (NCMB), Regional Branch No. XI, Davao City against respondent, for violation of Collective Bargaining Agreement (CBA) and failure to sit on the grievance conference/meeting.1

    As the parties failed to reach a settlement before the NCMB, petitioners requested to elevate the case to voluntary arbitration. The NCMB thus set a date for the parties to agree on a Voluntary Arbitrator.

    Before the parties could finally meet, respondent presented before the NCMB a letter2 of Genaro Tan (Tan), president of the INTERCO Employees/Laborers' Union (the union) of which petitioners are members, addressed to respondent's plant manager Engr. Paterno C. Tangente (Tangente), stating that petitioners "are not duly authorized by [the] board or the officers to represent the union, [hence] . . . all actions, representations or agreements made by these people with the management will not be honored or recognized by the union." Respondent thus moved to dismiss petitioners' complaint for lack of jurisdiction.3

    Petitioners soon sent union president Tan and respondent's plant manager Tangente a Notice to Arbitrate, citing the "Revised Guidelines" in the Conduct of Voluntary Arbitration Procedure vis a vis Section 3, Article XII of the CBA, furnishing the NCMB with a copy4 thereof, which notice respondent opposed.5

    The parties having failed to arrive at a settlement,6 NCMB Director Teodorico O. Yosores wrote petitioner Alex Bibat and respondent's plant manager Tangente of the lack of willingness of both parties to submit to voluntary arbitration, which willingness is a pre-requisite to submit the case thereto; and that under the CBA forged by the parties, the union is an indispensable party to a voluntary arbitration but that since Tan informed respondent that the union had not authorized petitioners to represent it, it would be absurd to bring the case to voluntary arbitration.

    The NCMB Director thus concluded that "the demand of [petitioners] to submit the issues . . . to voluntary arbitration CAN NOT BE GRANTED." He thus advised petitioners to avail of the compulsory arbitration process to enforce their rights.7

    On petitioners' Motion for Reconsideration,8 the NCMB Director, by letter of April 11, 2007 to petitioners' counsel, stated that the NCMB "has no rule-making power to decide on issues [as it] only facilitates settlement among the parties to . . . labor disputes."

    Petitioners thus assailed the NCMB Director's decision via Petition for Review before the Court of Appeals9 which dismissed it by Resolution10 of October 24, 2007 in this wise:

    x x x

    Considering that NCMB is not a quasi-judicial agency exercising quasi-judicial functions but merely a conciliatory body for the purpose of facilitating settlement of disputes between parties, its decisions or that of its authorized officer cannot be appealed either through a Petition for Review under Rule 43 or under Rule 65 of the Revised Rules of Court.

    Further perusal of the petition reveals the following infirmities:

    1. Payment of the docket fees and other legal fees is short by One Thousand Pesos (Php 1,000.00);

    2. Copy of the assailed "Decision" of the Regional Director of the National Conciliation and Mediation Board has not been properly certified as the name and designation of the certifying officer thereto are not indicated; andcralawlibrary

    3. Not all of the petitioners named in the petition signed the verification and non-forum shopping.11 (emphasis and underscoring supplied)

    Their Motion for Reconsideration12 having been denied,13 petitioners filed the present Petition for Review on Certiorari,14 raising the following arguments:

    THIS PARTICULAR CASE XXX FALLS SQUARELY WITHIN THE PURVIEW OF SECTION 6, RULE IV, IN RELATION TO PARAGRAPH 3, SUB-PARAGRAPH 3.2, SECTION 4, RULE IV, ALL OF THE REVISED PROCEDURAL GUIDELINES IN THE CONDUCT OF VOLUNTARY ARBITRATION PROCEEDINGS.15

    THE NCMB, WHEN EXERCISING ADJUDICATIVE POWERS, ACTS AS A QUASI-JUDICIAL AGENCY.16

    FINAL JUDGMENTS, DECISIONS, RESOLUTIONS, ORDERS, OR AWARDS OF REGIONAL TRIAL COURTS AND QUASI-JUDICIAL BOARDS, LIKE THE NCMB, COMMISSIONS, AGENCIES, INSTRUMENTALITIES, ARE APPEALABLE BY PETITION FOR REVIEW TO THE COURT OF APPEALS.17 (emphasis in the original)

    LABOR CASES, AS A GENERAL RULE, ARE NEVER RESOLVED ON THE BASIS OF TECHNICALITY ESPECIALLY SO WHEN SUBSTANTIAL RIGHTS OF EMPLOYEES ARE AFFECTED.18 (emphasis and underscoring supplied)

    The petition fails.

    Section 7 of Rule 43 of the Rules of Court provides that

    [t]he failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. (underscoring and emphasis supplied)

    Petitioners claim that they had completed the payment of the appellate docket fee and other legal fees when they filed their motion for reconsideration before the Court of Appeals.19 While the Court has, in the interest of justice, given due course to appeals despite the belated payment of those fees,20 petitioners have not proffered any reason to call for a relaxation of the above-quoted rule. On this score alone, the dismissal by the appellate court of petitioners' petition is in order.

    But even if the above-quoted rule were relaxed, the appellate court's dismissal would just the same be sustained. Under Section 9 (3) of the Judiciary Reorganization Act of 1980,21 the Court of Appeals exercises exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions.

    Rule 43 of the Rules of Court under which petitioners filed their petition before the Court of Appeals22 applies to awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions.23

    A[n agency] is said to be exercising judicial function where [it] has the power to determine what the law is and what the legal rights of the parties are, and then undertakes to determine these questions and adjudicate upon the rights of the parties. Quasi-judicial function is a term which applies to the action, discretion, etc. of public administrative officers or bodies, who are required to investigate facts or ascertain the existence of facts, hold hearings, and draw conclusions from them as a basis for their official action and to exercise discretion of a judicial nature.24 (underscoring supplied)

    Given NCMB's following functions, as enumerated in Section 22 of Executive Order No. 126 (the Reorganization Act of the Ministry of Labor and Employment), viz:

    (a) Formulate policies, programs, standards, procedures, manuals of operation and guidelines pertaining to effective mediation and conciliation of labor disputes;

    (b) Perform preventive mediation and conciliation functions;

    (c) Coordinate and maintain linkages with other sectors or institutions, and other government authorities concerned with matters relative to the prevention and settlement of labor disputes;

    (d) Formulate policies, plans, programs, standards, procedures, manuals of operation and guidelines pertaining to the promotion of cooperative and non-adversarial schemes, grievance handling, voluntary arbitration and other voluntary modes of dispute settlement;

    (e) Administer the voluntary arbitration program; maintain/update a list of voluntary arbitrations; compile arbitration awards and decisions;

    (f) Provide counseling and preventive mediation assistance particularly in the administration of collective agreements;

    (g) Monitor and exercise technical supervision over the Board programs being implemented in the regional offices; andcralawlibrary

    (h) Perform such other functions as may be provided by law or assigned by the Minister,

    it can not be considered a quasi-judicial agency.

    Respecting petitioners' thesis that unsettled grievances should be referred to voluntary arbitration as called for in the CBA, the same does not lie. The pertinent portion of the CBA reads:

    In case of any dispute arising from the interpretation or implementation of this Agreement or any matter affecting the relations of Labor and Management, the UNION and the COMPANY agree to exhaust all possibilities of conciliation through the grievance machinery. The committee shall resolve all problems submitted to it within fifteen (15) days after the problems ha[ve] been discussed by the members. If the dispute or grievance cannot be settled by the Committee, or if the committee failed to act on the matter within the period of fifteen (15) days herein stipulated, the UNION and the COMPANY agree to submit the issue to Voluntary Arbitration. Selection of the arbitrator shall be made within seven (7) days from the date of notification by the aggrieved party. The Arbitrator shall be selected by lottery from four (4) qualified individuals nominated by in equal numbers by both parties taken from the list of Arbitrators prepared by the National Conciliation and Mediation Board (NCMB). If the Company and the Union representatives within ten (10) days fail to agree on the Arbitrator, the NCMB shall name the Arbitrator. The decision of the Arbitrator shall be final and binding upon the parties. However, the Arbitrator shall not have the authority to change any provisions of the Agreement. The cost of arbitration shall be borne equally by the parties.25 (capitalization in the original, underscoring supplied)???r?bl? ??r

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


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