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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
 

   
July-2009 Jurisprudence                 

  • A.C. No. 6121 - TRINIDAD H. CAMARA, ET AL. v. ATTY. OSCAR AMONDY REYES

  • A.C. No. 7199 Formerly CBD 04-1386 - Foodsphere, Inc. v. Atty. Melanio L. Mauricio, Jr.

  • A.C. No. 7815 - Dolores C. Belleza v. Atty. Alan S. Macasa

  • A.C. No. 8243 - Rolando B. Pacana, Jr. v. Atty. Maricel Pascual-Lopez

  • A.C. No. 8252 - Natividad Uy v. Atty. Braulio RG Tansisin

  • A.M. No. 02-8-207-MTCC - Re: Report on the Judicial Audit Conducted in the Municipal Trial Court in Cities, Branch 2, Cagayan De Oro City

  • A.M. No. 03-7-170-MCTC - Re: Report on the Judicial Audit in Municipal Circuit Trial Court, Jiminez-Sinacaban, Misamis Occidental/ Judge Pricilla Hernandez

  • A.M. No. 08-3-73-MeTC - Re: Report on the Judicial Audit Conducted at the Metropolitan Trial Court, Branch 55, Malabon City

  • A.M. No. 08-4-4-SC - Re: Request of the Police Director General Avelino I. Razon for authority to delegate the endorsement of application for search warrant

  • A.M. No. 2008-24-SC - Re: Fighting incident between two(2) SC shutle bus drivers, namely, Messrs. Edilbert L. Idulsa and Ross C. Romero

  • A.M. No. MTJ-06-1651 - Prosecutor Robert M. Visbal v. Judge Wenceslao B. Vanilla, MTCC, Br. 2, Tacloban City

  • A.M. No. MTJ-08-1709 Formerly A.M. OCA IPI No. 02-1225-MTJ - Lanie Cervantes v. Judge Heriberto M. Pangilinan, and Clerk of Court III Carmencita P. Baloco, etc.

  • A.M. No. P-03-1677 & A.M. No. P-07-2317 - Liberty M. Toledo v. Liza Perez, Court Stenographer III, Office of the Clerk of Court, RTC, Manila

  • A.M. No. P-06-2212 - Geronimo Francisco v. Sebastian Bolivar, etc.

  • A.M. No. P-06-2217 Formerly OCA IPI No. 06-2375-P - Concerned Employees of the Municipal Trial Court of Meycauayan, Bulacan v. Larizza Paguio-Bacani, Branch COC II, MTC, Meycauayan, Bulacan

  • A.M. No. P-06-2219 Formerly A.M. No. 06-7-392-RTC - Office of the Court Administrator v. Officer-in-charge and Legal Researcher Nilda Cinco, RTC, Br. 28, Catbalogan, Samar

  • A.M. No. P-06-2245 Formerly OCA IPI NO. 06-2373-P and A.M. NO. MTJ-09-1741 Formerly OCA IPI No. 06-1853-MTJ : July 31, 2009 - Judge Jaime L. Dojillo, Jr. v. Concepcion Z. Ching, etc.

  • A.M. No. P-08-2578 Formerly OCA I.P.I. No. 08-2924-P - Gaspar R. Dutosme v. Atty. Rey D. Caayona

  • A.M. No. P-09-2644 Formerly OCA IPI No. 08-2787-P - Edgardo A. Quilo v. Rogelio G. Jundarino, Sheriff III, Metropolitan Trail Court, Branch 19, Manila

  • A.M. No. P-08-2132 Formerly A.M. OCA IPI No. 07-2549-RTJ - Atty. Florencio Alay Binalay v. Judge Elias O. Lelina, Jr.

  • A.M. No. RTJ-08-2158 Formerly OCA IPI No. 04-2018-RTJ - Alfredo Favor v. Judge Cesar O. Untalan, RTC, Branch 149, Makati City

  • A.M. No. RTJ-09-2175 - Venancio Inonog v. Judge Francisco B. Ibay, Presiding Judge, Regional Trial Court, Branch 135, Makati City

  • A.M. No. RTJ-09-2183 Formerly A.M. OCA IPI No. 05-2346-RTJ - Concerned Lawyers of Bulacan v. Presiding Judge Pornillos, RTC Br. 10, Malolos City.

  • A.M. No. RTJ-09-2186 Formerly A.M. OCA-IPI No. 03-1893-RTJ and A.M. No. RTJ-09-2187 Formerly A.M. OCA IPI No. 04-1993-RTJ - Atty. Nelson T. Antolin, et al. v. Judge Alex L. Quiroz, et al.

  • G.R. No. 141888 - Melba Rose R. Sasot v. Amado Yuson, et al.

  • G.R. No. 147957 - Privatization Management Office v. Legaspi Towers 300, Inc.

  • G.R. No. 148600 - Atty. Emmanuel Pontejos v. Hon. Aniano Desierto and Restituto Aquino

  • G.R. No. 149763 - Eduardo J. Mari o, Jr. et al. v. Gil Y. Gamilla, et al.

  • G.R. No. 150228 - Bank of America NT & SA v. Philippine Racing Club

  • G.R. No. 151424 - Eagle Realty Corporation v. Republic of the Philippines, etc., et al.

  • G.R. No. 151973 - National Power Corporation v. Sps. Lorenzo L. Laohoo, et al.

  • G.R. No. 152263 - Arthur Zarate v. Regional Trial Court, Br. Gingoog City, Misamis Oriental

  • G.R. No. 152496 - Sps. German Anunciacion, et al. v. Perpetua M. Bocanegra, et al.

  • G.R. No. 155491 - Smart Communications, Inc., v. The City of Davao, represented by its Mayor Hon. Rodrigo Duterte and the Sangguniang Panlunsod of Davao City

  • G.R. No. 156946 - Secretary of Finance v. Oro Maura Shipping Lines

  • G.R. No. 157607 - Land Bank of the Philippines v. Rowena O. Paden

  • G.R. No. 159131 - Heirs of Toribio Waga, represented by Merba A. Waga v. Isabelo Sacabin

  • G.R. No. 159358 - Eureka Personnel and Management Corp., and Nari K. Gidwani v. The Hon. National Labor Relations Commission, et al.

  • G.R. No. 159624 - Cebu Mactan Members Center, Inc. v. Masahiro Tsukahara

  • G.R. NOS. 160243-52 - Romeo D. Lonzanida v. People of the Philippines

  • G.R. No. 160265 - Nely T. Co. v. People of the Philippines, et al.

  • G.R. No. 160380 - Sps. Eduardo & Leticia Monta o v. Rosalina Francisco, et al

  • G.R. No. 160772 - Hilario P. Soriano v. Ombudsman Simeon V. Marcelo, et al.

  • G.R. No. 161051 - Compania General de Tabacos De Filipinas and La Flor De La Isabela, inc. v. Hon. Virgilio A. Sevandal, et al.

  • G.R. No. 161062 - Republic of the Philippines v. Ferventino U, Tango

  • G.R. No. 161238 - Heirs of Jose G. Santiago, namely: Julia G. Santiago, et al. v. Aurea G. Santiago, et al.

  • G.R. No. 161748 - Spouses Francisco and Betty Wong and Spouses Joaquin and Lolita Wong v. City of Iloilo, et al.

  • G.R. No. 162074 - Cecilleville Realty and Service Corporation v. Spouses Tito Acu a, et al.

  • G.R. No. 162540 - Gemma T. Jacinto v. People of the Philippines

  • G.R. No. 162721 - Petronila Maylem v. Carmelita Ellano and Antonia Morciento

  • G.R. No. 162738 - Sps. Elizabeth S. Tagle Ernesto R. Tagle v. Hon. Court of Appeals, RTC, Quezon City, Branch 97, Sps. Federico and Rosamyrna Carandang and Shriff Carol Bulacan

  • G.R. No. 162836 - Cerefina Argallon-Jocson and Rodolfo Tuising v. Maria Cristina Fertilizer Corporation and/or Marcelo Steel Corporation

  • G.R. No. 164244 - National Housing Authority v. Reynaldo Magat

  • G.R. No. 164315 - Alcatel Philippines, Inc. v. Rene R. Relos

  • G.R. No. 164560 - Ana De Guia San Pedro, et al. v. Hon. Fatima G. Asdala (etc.), et al.

  • G.R. No. 164800 - Republic of the Philippines v. Estate of Alfonso Lim, Sr., et al.

  • G.R. No. 164817 - Digna A. Najera v. Eduardo J. Najera

  • G.R. No. 164968 - Gloria Ocampo, et al. v. Land Bank of the Philippines, et al.

  • G.R. No. 165448 - Ernesto Aquino v. People of the Philippines

  • G.R. No. 165568 - Government Service Insurance System v. Abraham Lopez

  • G.R. No. 165678 - Rosario Panuncio v. People of the Philippines

  • G.R. No. 165907 - Spouses Dominador R. Narvaez and Lilia W. Narvaez v. Spouses Rose Ogas Alciso and Antonio Alciso

  • G.R. No. 166198 - Marcelino A. Magdadaro v. Philippine National Bank

  • G.R. No. 166553 - Republic of the Philippines, represented by the National Power Corporation v. Sps. Ruperto and Sonia S. Libuano, et al.

  • G.R. No. 166640 - Herminio Mariano, Jr. v. Ildefonso C. Callejas and Edgar De Borja

  • G.R. No. 166705 - Mantle Trading Services, Incorporated and/or Bobby Del Rosario v. National Labor Relations Commission and Pablo S. Madriaga

  • G.R. No. 166734 - Mandy Commodities Co., Inc. v. The International Commercial Bank of China

  • G.R. No. 166988 - Heirs of Emiliano San Pedro, etc. v. Pablito Garcia and Jose Calderon

  • G.R. No. 167232 - D.B.T. Mar-Bay Construction Incorporated v. Ricaredo Panes, et al.

  • G.R. No. 167546 - Sonny Romero y Dominguez v. People of the Philippines

  • G.R. No. 167809 - Land Bank of the Philippines v. Josefina R. Dumlao, et al.

  • G.R. No. 168406 - Club Filipino, Inc. and Atty. Roberto F. De Leon v. Benjamin Bautista, et al.

  • G.R. No. 169519 - Irenorio B. Balaba v. People of the Philippines

  • G.R. No. 169700 - In the Matter of the Allowance of the Will of Moises F. Banayad Apolonia Banayad Frianela v. Servillano Banayad, Jr.

  • G.R. No. 169878 - People of the Philippines v. Jesus Obero

  • G.R. No. 170014 - Renita Del Rosario, et al. v. Makati Cinema Square Corporation

  • G.R. No. 170472 - People of the Philippines v. Jojo Musa y Santos, et al.

  • G.R. NOS. 170615-16 - The Repuclic of the Philippines, represented by the Office of the Ombudsman, Ma. Merceditas N. Gutierrez, in her capacity as the Ombudsman v. Rufino V. Maijares, Roberto G. Ferrera, Alfredo M. Ruba and Romeo Querubin.

  • G.R. No. 171275 - Victor Meteoro, et al. v. Creative Creatures, Inc.

  • G.R. No. 171386 - Gloria R. Motos and Martin Motos v. Real Bank (A Thrift Bank), Inc.

  • G.R. No. 171586 - National Power Corporation v. Province of Quezon and Municipality of Pabgilao

  • G.R. No. 171655 - People of the Philippines v. Pablo L. Estacio, Jr. and Maritess Ang

  • G.R. No. 171842 - Gloria S. Dy v. Mandy Commodities Co., Inc.

  • G.R. No. 171968 - XYST Corporation v. DMC Urban Properties Development, Inc., Fe Aurora C. Castro (Intervenor)

  • G.R. No. 172174 - Davao Contractors Development Cooperative (DACODECO), represented by Chairman of the Board Engr. L. Chavez v. Marilyn A. Pasawa.

  • G.R. No. 172212 - Rafael Rondina v. Court of Appeals formet special 19th Division, unicraft Industries International Corp., Inc. Robert Dino, Cristina Dino, Michael Lloyd Dino, Allan Dino and Mylene June Dino.

  • G.R. No. 172342 - LWV Construction Corporation v. Marcelo B. Dupo

  • G.R. No. 172574 - Noli Lim v. Angelito Delos Santos, etc., Denia R. Adoyo, et al., (Intervenors) Gloria Murillo, et al., (Protestants)

  • G.R. No. 172640 - Victoriano Dela Pe a, et al. v. Spouses Vicente Alonzo, et al.

  • G.R. No. 172796 - Sps. Artemio and Esperanza Aduan v. Levi Chong

  • G.R. No. 173252 - Unisource Commercial and Development Corporation v. Joseph Chung, et al.

  • G.R. No. 173654-765 - People of the Philippines v. Teresita Puig and Romeo Porras

  • G.R. No. 174154 - Jesus Cuenco v. Talisay Tourist Sprots Complex, Incorporated and Matias B. Aznar III

  • G.R. No. 174238 - Anita Cheng v. Souses William and Tessie Sy

  • G.R. No. 174364 - Northwest Airlines v. Delfin S. Catapang

  • G.R. No. 174370 - People of the Philippines v. Willy Mardo Ganoy y Mamayabay

  • G.R. No. 174610 - Soriamont Steamship Agencies, Inc., et al. v. Sprint Transport Services, inc. etc.

  • G.R. No. 174803 - Marywin Albano-Sales v. Mayor Reynolan T. Sales and Court of Appeals

  • G.R. No. 174830 - Isabelita Vda. De Dayao and Heirs of Vicente Dayao v. Heirs of Gavino Robles, namely: Placida vda. De Robles, et al.

  • G.R. No. 174986, G.R. NO. 175071 and G.R. NO. 181415 - Armand O. Raquel-Santos, et al. v. Court of Appeals, et al.

  • G.R. No. 175352 - Dante Liban, et al. v. Richard J. Gordon

  • G.R. No. 175551 - Republic of the Philippines represented by the Manila International Airport Authority (MIAA) v. Hon. Francisco G. Mendioal, etc.

  • G.R. No. 175677 and G.R. NO. 177133 - Spouses Azucena B. Corpuz and Renato S. Corpuz v. Citibank, N.A. et al.

  • G.R. No. 175910 - Atty. Rogelio E. Sarsaba v. Fe vda De Te, represented by her Attorney-in-Fact Faustino Casta eda

  • G.R. No. 177007 - Sansio Philippines, Inc. v. Sps. Alicia Leodegario Mogol, Jr.

  • G.R. No. 177181 - Rabaja Ranch and Development Corporation v. AFP Retirement and Separation Benefits System

  • G.R. No. 177430 and G.R. NO. 178935 - Rene M. Francisco v. People of the Philippines

  • G.R. No. 177594 - University of San Agustin, Inc. v. University of San Agustin Employees Union-FFW

  • G.R. No. 177624 - Modesta Luna v. Juliana P. Luna, et al.

  • G.R. No. 177728 - Jenie San Juan Dela Cruz, et al., etc., v. Ronald Paul S. Gracia, etc.

  • G.R. No. 177766 - People of the Philippines v. Claro Jampas

  • G.R. No. 177768 - People of the Philippines v. Charmen Olivo y Along, Nelson Danda y Sambuto and Joey Zafra y Reyes

  • G.R. No. 177847 - Laurence M. Sison v. Eusebia Cariaga

  • G.R. No. 178058 - People of the Philippines v. Jessie Maliao y Masakit, Norberto Chiong y Discotido and Luciano Bohol y Gamana, Jessie Maliao y Masakit(Accused-Appellant)

  • G.R. No. 178205 - People of the Philippines v. Leo Quemeggen, Juanito De Luna

  • G.R. No. 178330 - Martin T. Sagarbarria v. Philippine Business Bank

  • G.R. No. 178490 - Commissioner of Internal Revenue v. Bank of the Philippine Islands

  • G.R. No. 178760 - Carmen B. Dy-Dumalasa v. Domingo Sabado S. Fernandez, et al.

  • G.R. NOS. 178831-32, G.R. No. 179120, G.R. NOS. 179132-33 and G.R. NOS. 179240-41 - Limkaichong v. Comission on Election

  • G.R. No. 178976 - Abelardo P. Abel v. Philex Mining Corporation represented by Fernando Agustin

  • G.R. No. 179061 - Sheala P. Matrido v. People of the Philippines

  • G.R. No. 179154 - People of the Philippines v. Roger Perez and Danilo Perez

  • G.R. No. 179177 - Carlos N. Nisda v. Sea Serve Maritime Agency, et al.

  • G.R. No. 179187 - People of the Philippines v. Renato Talusan y Panganiban

  • G.R. No. 179430 - Jamela Salic Maruhom v. Commssion on Elections and Mohammad Ali "Mericano" A. Abinal

  • G.R. No. 179271 and G.R. No. 179295 - BANAT v. Commission on Election

  • G.R. No. 179512 - Eagle Star Security Services, Inc. v. Bonifacio L. Mirando.

  • G.R. No. 179546 - Coca-Cola Bottlers Phils, Inc. v. Alan M. Agito, Regolo S. Oca III, et al.

  • G.R. No. 179653 - United Muslim and Christian Urban Poor Association, Inc., etc. v. BRYC-V Development Corporation, etc., et al.

  • G.R. No. 179674 - Pyro Coppermining Corporation v. Mines Adjudication Board-Department of Environment and Natural Resources, et al.

  • G.R. No. 179807 - Ramy Gallego v. Bayer Philippines, Inc., et al.

  • G.R. No. 179937 - The People of the Philippines v. Gerald Librea y Camitan

  • G.R. No. 180043 - Commissioner of Internal Revenue v. Philippine Airline, Inc. (PAL)

  • G.R. No. 180055 and G.R. No. 183055 - Franklin M. Drilon, et al. v. Hon. Jose de Venecia, Jr., et al.

  • G.R. No. 180066 - Commissioner of Internal Revenue v. Philippine Airlines, Inc.

  • G.R. No. 180458 - Development Bank of the Philippines v. Family Foods Manufacturing Co. Ltd. and Spouses Juliano and Catalina Centeno

  • G.R. No. 180465 - Eric Dela Cruz and Paul M. Lacuata v. Coca-Cola Bottlers Phils.

  • G.R. No. 180528 - Civil Service Commission v. Nelia O. Tahanlangit

  • G.R. No. 180568 - Lydia Montebon a.k.a. Jingle Montebon v. The Honorable Court of Appeals, et al.

  • G.R. No. 180675 - Virgilio Bote v. San Pedro Cineplex Properties Corporation

  • G.R. No. 181235 - Banco De Oro-EPCI, Inc. v. John Tansipek

  • G.R. No. 181393 - Grandteq Industrial Steel Products, Inc. and Abelardo M. Gonzales v. Edna Margallo

  • G.R. No. 181478 - Eddie T. Panlilio v. Commission on Elections and Lilia G. Pineda

  • G.R. No. 181531 - National Union of Workers in Hotels Restaurant and Allied Industries-Manila Pavilion Hotel Chapter v. Secretary of Labor and Employment, et al.

  • G.R. No. 182420 - People of the Philippines v. Elsie Barba

  • G.R .No. 182454 - People of the Philippines v. Felix Wasit

  • G.R. No. 182485 - Sps. Henry O and Pacita Cheng v. Sps. Jose Javier and Claudia Dailisan

  • G.R. No. 182567 - Guillermo M. Telmo v. Luciano M. Bustamante

  • G.R. No. 182687 - People of the Philippines v. Warlito Martinez

  • G.R. No. 182941 - Roberto Sierra y Caneda v. People of the Philippines

  • G.R. No. 183105 - Erna Casals, et al. v. Tayud Golf and Country Club, et al..

  • G.R. No. 183819 - People of the Philippines v. Arsenio Cortez y Macalindong a.k.a. "Archie"

  • G.R. No. 184586 - Rafael Flauta, Jr., et al. v. Commission on Elections, et al.

  • G.R. No. 184801 - Jonas Taguiam v. Commission on Election, et al.

  • G.R. No. 184948 - Cong. Glenn A. Chong, Mr. Charles Chong, and Mr. Romeo Arribe v. Hon. Philip L. Dela Cruz, et al.

  • G.R. No. 185035 - Government Service Insurance System v. Salvador A. De Castro

  • G.R. No. 185063 - Sps. Lita De Leon, et al. v. Anita B. De Leon, et al.

  • G.R. No. 185095 - Maria Susan L. Ra ola, et al. v. Spouses Fernando & Ma. Concepcion M. Ra ola

  • G.R. No. 185220 - Laguna Metts Corporation v. Court of Appeals, Aries C. Caalam and Geraldine Esguerra

  • G.R. No. 185389 - People of the Philippines v. Benjie Resurrection

  • G.R. No. 185401 - Henry "June" Due as, Jr. v. House of Representatives Electoral Tribunal and Angelito "Jett" P. Reyes

  • G.R. NO. 186007 and G.R. No. 186016 - Salvador Divinagracia, Jr. v. Commission on Elections and Alex A. Centena

  • G.R. No. 187152 - People of the Philippines v. Teodulo Villanueva, Jr.

  • UDK-14071 - Martin Gibbs Fletcher v. The Director of Bureau of Corrections or his representative

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    G.R. No. 180055 and G.R. No. 183055 - Franklin M. Drilon, et al. v. Hon. Jose de Venecia, Jr., et al.

      G.R. No. 180055 and G.R. No. 183055 - Franklin M. Drilon, et al. v. Hon. Jose de Venecia, Jr., et al.

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. NO. 180055 : July 31, 2009]

    FRANKLIN M. DRILON as President and in representation of the LIBERAL PARTY OF THE PHILIPPINES (LP), AND HON. JOSEPH EMILIO A. ABAYA, HON. WAHAB M. AKBAR, HON. MARIA EVITA R. ARAGO, HON. PROCESSO J. ALCALA, HON. ROZZANO RUFINO BIAZON, HON. MARY MITZI CAJAYON, HON. FREDENIL H. CASTRO, HON. GLENN ANG CHONG, HON. SOLOMON R. CHUNGALAO, HON. PAUL RUIZ DAZA, HON. ANTONIO A. DEL ROSARIO, HON. CECILIA S. LUNA, HON. MANUEL M. MAMBA, HON. HERMILANDO I. MANDANAS, HON. ALVIN SANDOVAL, HON. LORENZO R. TAÑADA III, HON. REYNALDO S. UY, HON. ALFONSO V. UMALI JR., HON. LIWAYWAY VINZONS-CHATO, Petitioners, v. HON. JOSE DE VENECIA JR. in his official capacity as Speaker of the House of Representatives; HON. ARTHUR D. DEFENSOR, SR., in his official capacity as Majority Floor Leader of the House of Representatives, HON. MANUEL B. VILLAR, in his official capacity as ex-officio Chairman of the Commission on Appointments, ATTY. MA. GEMMA D. ASPIRAS, in her official capacity as Secretary of the Commission on Appointments, HON. PROSPERO C. NOGRALES, HON. EDGARDO C. ZIALCITA, HON. ABDULLAH D. DIMAPORO, HON. JOSE CARLOS V. LACSON, HON. EILEEN R. ERMITA-BUHAIN, HON. JOSE V. YAP, HON. RODOLFO T. ALBANO III, HON. EDUARDO R. GULLAS, HON. CONRADO M. ESTRELLA III, HON. RODOLFO "OMPONG" PLAZA, HON. EMMYLOU J. TALIÑO-MENDOZA and HON. EMMANUEL JOEL J. VILLANUEVA, in their individual official capacities as "elected" members of the Commission on Appointments, Respondents.

    [G.R. NO. 183055 : July 31, 2009]

    SENATOR MA. ANA CONSUELO A.S. MADRIGAL, Petitioner, v. SENATOR MANUEL VILLAR in his capacity as Senate President and Ex-Officio Chairman of the Commission on Appointments, REPRESENTATIVE PROSPERO NOGRALES in his capacity as the Speaker of the House of Representatives, and THE COMMISSION ON APPOINTMENTS, Respondents.

    D E C I S I O N

    CARPIO MORALES, J.:

    In August 2007, the Senate and the House of Representatives elected their respective contingents to the Commission on Appointments (CA).

    The contingent in the Senate to the CA was composed of the following senators with their respective political parties:

    Sen. Maria Ana Consuelo A.S. Madrigal PDP-Laban

    Sen. Joker Arroyo KAMPI

    Sen. Alan Peter Cayetano Lakas-CMD

    Sen. Panfilo Lacson UNO

    Sen. Jinggoy Ejercito Estrada PMP

    Sen. Juan Ponce Enrile PMP

    Sen. Loren Legarda NPC

    Sen. Richard Gordon Lakas-CMD

    Sen. Mar Roxas LP

    Sen. Lito Lapid Lakas-CMD

    Sen. Miriam Defensor-Santiago PRP

    The members of the contingent of the House of Representatives in the CA and their respective political parties were as follows:

    Rep. Prospero C. Nograles Lakas-CMD

    Rep. Eduardo C. Zialcita Lakas-CMD

    Rep. Abdullah D. Dimaporo Lakas-CMD

    Rep. Jose Carlos V. Lacson Lakas-CMD

    Rep. Eileen R. Ermita-Buhain Lakas-CMD

    Rep. Jose V. Yap Lakas-CMD

    Rep. Rodolfo T. Albano III KAMPI

    Rep. Eduardo R. Gullas KAMPI

    Rep. Rodolfo "Ompong" G. Plaza NPC

    Rep. Conrado M. Estrella NPC

    Rep. Emmylou J. Taliño-Mendoza NP

    Rep. Emmanuel Joel J. Villanueva CIBAC Party List

    In the second week of August 2007, petitioners in the first petition, G.R. No. 180055, went to respondent then Speaker Jose de Venecia to ask for one seat for the Liberal Party in the CA. Speaker Jose de Venecia merely said that he would study their demand.1

    During the session of the House of Representatives on September 3, 2007, petitioner in the first petition, Representative Tañada, requested from the House of Representatives leadership2 one seat in the CA for the Liberal Party.3 To his request, Representative Neptali Gonzales II4 begged the indulgence of the Liberal Party "to allow the Legal Department to make a study on the matter."5

    In a separate move, Representative Tañada, by letter of September 10, 2007, requested the Secretary General of the House of Representatives the reconstitution of the House contingent in the CA to include one seat for the Liberal Party in compliance with the provision of Section 18, Article VI of the Constitution.6 Representative Tañada also brought the matter to the attention of then Speaker De Venecia, reiterating the position that since there were at least 20 members of the Liberal Party in the 14th Congress, the party should be represented in the CA.7

    As of October 15, 2007, however, no report or recommendation was proffered by the Legal Department, drawing Representative Tañada to request a report or recommendation on the matter within three days.8

    In reply, Atty. Grace Andres of the Legal Affairs Bureau of the House of Representatives informed Representative Tañada that the department was constrained to withhold the release of its legal opinion because the handling lawyer was directed to secure documents necessary to establish some of the members' party affiliations.9

    Hence spawned the filing on October 31, 2007 of the first petition by petitioner former Senator Franklin M. Drilon (in representation of the Liberal Party), et al., for prohibition, mandamus, and quo warranto with prayer for the issuance of writ of preliminary injunction and temporary restraining order, against then Speaker De Venecia, Representative Arthur Defensor, Sr. in his capacity as Majority Floor Leader of the House of Representatives, Senator Manuel B. Villar in his capacity as ex officio chairman of the CA, Atty. Ma. Gemma D. Aspiras in her capacity as Secretary of the CA, and the individual members of the House of Representatives contingent to the CA.10 The petition in G.R. No. 180055 raises the following issues:

    A. WHETHER THE LIBERAL PARTY WITH AT LEAST TWENTY (20) MEMBERS WHO SIGNED HEREIN AS PETITIONERS, IS CONSTITUTIONALLY ENTITLED TO ONE (1) SEAT IN THE COMMISSION ON APPOINTMENTS.

    b. WHETHER THE HOUSE OF REPRESENTATIVES' RESPONDENTS HAVE COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN CONSTITUTING THE COMMISSION ON APPOINTMENTS IN CONTRAVENTION OF THE REQUIRED PROPORTIONAL CONSTITUTION BY DEPRIVING THE LIBERAL PARTY OF ITS CONSTITUTIONAL ENTITLEMENT TO ONE (1) SEAT THEREIN.

    c. WHETHER AS A RESULT OF THE GRAVE ABUSE OF DISCRETION COMMITTED BY THE HOUSE OF REPRESENTATIVES RESPONDENTS, THE WRITS PRAYED FOR IN THIS PETITION BE ISSUED NULLIFYING THE CURRENT COMPOSITION OF THE COMMISSION ON APPOINTMENTS, RESTRAINING THE CURRENT HOUSE OF REPRESENTATIVE MEMBERS FROM SITTING AND PARTICIPATING IN THE PROCEEDINGS OF THE COMMISSION ON APPOINTMENTS, OUSTING THE AFFECTED RESPONDENTS WHO USURPED, INTRUDED INTO AND UNLAWFULLY HELD POSITIONS IN THE COMMISSION ON APPOINTMENTS AND REQUIRING THE RESPONDENTS TO RECONSTITUTE AND/OR REELECT THE MEMBERS OF SAID COMMISSION.11 (Italics in the original)

    And it prays that this Court:

    A. Immediately upon the filing of the instant Petition, issue a Temporary Restraining Order and/or a Writ of Preliminary Prohibitory and Mandatory Injunction, enjoining all Respondents and all persons under their direction, authority, supervision, and control from further proceeding with their actions relating to the illegal and unconstitutional constitution of the Commission on Appointments and to the unlawful exercise of its members' functions, contrary to the rule on proportional representation of political parties with respect to the House of Representatives contingent in the said Commission;

    b. After careful consideration of the merits of the case, render judgment making the injunction permanent and ordering Respondents and all persons under their direction, authority, supervision, and control;

    x x x

    c. Declare Respondents' action in not allotting one (1) seat to Petitioners null and void for being a direct violation of Section 18, Article VI of the Constitution;

    d. Declare the proceedings of the Commission on Appointments null and void, insofar as they violate the rule on proportional representation of political parties in said Commission;

    e. Oust the affected respondents, whoever they are, who usurped, intruded into and have unlawfully held positions in the Commission on Appointments and

    f. Require Respondents to alter, reorganize, reconstitute and reconfigure the composition of the Commission on Appointments in accordance with proportional representation based on the actual numbers of members belonging to duly accredited and registered political parties who were elected into office during the last May 14, 2007 Elections by, at the very least, respecting and allowing Congressman Alfonso V. Umali, Jr. as the duly nominated Commission on Appointments member of the Liberal Party of the Philippines to sit therein as such.12

    Respondents Senator Villar and CA Secretary Aspiras filed their Comment13 on December 6, 2007, moving for the dismissal of the petition on these grounds:

    I. THE POWER TO ELECT MEMBERS TO THE COMMISSION ON APPOINTMENTS BELONGS TO EACH HOUSE OF CONGRESS PURSUANT TO THE CONSTITUTION. AS SUCH, THE PETITION IS NOT DIRECTED AT THE HEREIN RESPONDENTS.

    II. THE CONSTITUTION DOES NOT REQUIRE THAT THE COMMISSION MUST HAVE COMPLETE MEMBERSHIP IN ORDER THAT IT CAN FUNCTION. WHAT THE CONSTITUTION REQUIRES IS THAT THERE MUST AT LEAST BE A MAJORITY OF ALL THE MEMBERS OF THE COMMISSION FOR IT TO VALIDLY CONDUCT ITS PROCEEDINGS AND TRANSACT ITS BUSINESS.14 (Emphasis in the original)

    Then Speaker De Venecia and Representative Defensor filed their Comment and Opposition15 on February 18, 2008, moving too for the dismissal of the petition on these grounds:

    I. THE ACTS COMPLAINED OF DO NOT CONSTITUTE GRAVE ABUSE OF DISCRETION THAT WILL JUSTIFY THE GRANT OF THE EXTRAORDINARY WRIT OF MANDAMUS.16

    II. THE LIBERAL PARTY DOES NOT POSSESS THE REQUISITE NUMBER OF MEMBERS THAT WOULD ENTITLE THE PARTY TO A SEAT IN THE COMMISSION ON APPOINTMENTS. IT IS, THEREFORE, NOT THE PROPER PARTY TO INSTITUTE THE INSTANT PETITION FOR QUO WARRANTO.17

    III. THE PETITIONERS FAILED TO EXHAUST THE REMEDIES AVAILABLE TO THEM.18

    IV. THE CONFLICTING CLAIMS OF THE PARTIES AS TO THE AFFILIATION OF THE MEMBERS NEED TO BE SETTLED IN A TRIAL.19 (Emphasis in the original)

    Meantime, Senator Ma. Ana Consuelo A.S. Madrigal of PDP-Laban, by separate letters of April 17, 2008 to Senator Villar and Speaker Prospero Nograles, claimed that the composition of the Senate contingent in the CA violated the constitutional requirement of proportional representation for the following reasons:

    1. PMP has two representatives in the CA although it only has two members in the Senate and thus [is] entitled only to one (1) seat.

    2. KAMPI has only one (1) member in the Senate and thus is not entitled to a CA seat and yet it is represented in the CA.

    3. PRP has only one (1) member in the Senate and thus is not entitled to a CA seat and yet it is represented in the CA.

    4. If Senators Richard Gordon and Pilar Juliana Cayetano are Independents, then Sen. Gordon cannot be a member of the CA as Independents cannot be represented in the CA even though there will be three Independents in the CA.

    5. If Sen. Alan Peter Cayetano is now NP, he still can sit in the CA representing NP.20

    She also claimed that the composition of the House of Representatives contingent in the CA violated the constitutional requirement of proportional representation for the following reasons:

    1. Lakas-CMD currently has five (5) members in the Commission on Appointments although it is entitled only to four (4) representatives and thus [is] in excess of a member;

    2. KAMPI currently has three (3) members in the Commission on Appointments although it is entitled only to two (2) representatives and thus is excess of a member;

    3. Liberal Party is not represented in the Commission on Appointments although it is entitled to one (1) nominee; andcralawlibrary

    4. Party-List CIBAC has a representative in the Commission on Appointments although it only has two members in the House of Representatives and therefore [is] not entitled to any seat.21

    Senator Madrigal thus requested the reorganization of the membership of the CA and that, in the meantime, "all actions of [the] CA be held in abeyance as the same may be construed as illegal and unconstitutional."22

    By letter of May 13, 2008, Senator Madrigal again wrote Senator Villar as follows:

    Today, I was advised that the Committee on Budget and Management of Senator Mar Roxas has endorsed the ad interim appointment of Rolando G. Andaya as Secretary of the Department of Budget and Management for approval by the CA in the plenary. I believe it is imperative that the serious constitutional questions that I have raised be settled before the plenary acts on this endorsement by the Committee on Budget and Management. Otherwise, like Damocles' sword, a specter of doubt continues to be raised on the validity of actions taken by the CA and its committees.23

    Still later or on May 19, 2008, Senator Madrigal sent another letter to Senator Villar declaring that she "cannot in good conscience continue to participate in the proceedings of the CA, until such time as [she] get[s] a response to [her] letters and until the constitutional issue of the CA's composition is resolved by the leadership of the Commission,"24 and that without any such resolution, she would be forced to invoke Section 20 of the CA rules against every official whose confirmation would be submitted to the body for deliberation.25

    The CA Committee on Rules and Resolutions, by letter-comment of May 26, 2008, opined that the CA has neither the power nor the discretion to reject a member who is elected by either House, and that any complaints about the election of a member or members should be addressed to the body that elected them.26

    By letter of May 28, 2008, Senator Villar advised Senator Madrigal as follows:

    x x x

    Noting your position that you will not continue to participate in the proceedings of the CA - "until the constitutional issue of the CA's composition is resolved by the leadership of the Commission"x x x,the Secretary of the Commission, upon my instructions, transmitted the same to the CA Committee on Rules and Resolutions. It was my intention to have the Committee study and deliberate on the matter and to recommend what step/s to take on your request that "all actions of the Commission be held in abeyance" x x x.

    In view however, of your manifestation during the May 26, 2008 meeting of the CA Committee on Rules and Resolutions, and of the written comment of Sen. Arroyo that "If there is a complaint in the election of a member or members, it shall be addressed to the body that elected them, namely the Senate and/or the House,"I have given instructions to transmit the original copies of your letters to the Senate Secretary for their immediate inclusion in the Order of Business of the Session of the Senate so that your concerns may be addressed by the Senate in caucus and/or in plenary.27 (Emphasis and underscoring supplied)cralawlibrary

    Undaunted, Senator Madrigal, by letter of June 2, 2008 addressed to Senator Villar, reiterated her request that all actions of the CA be held in abeyance pending the reorganization of both the Senate and House of Representatives contingents.28

    Senator Madrigal thereafter filed on June 13, 2008 the second petition, G.R. No. 183055, for prohibition and mandamus with prayer for issuance of temporary restraining order/writ of preliminary injunction against Senator Villar in his capacity as Senate President and Ex-Officio Chairman of the CA, Speaker Nograles, and the CA,29 alleging that respondents committed grave abuse of discretion amounting to lack or excess of jurisdiction

    A. . . . IN FAILING TO COMPLY WITH THE CONSTITUTIONALLY REQUIRED PROPORTIONAL PARTY REPRESENTATION OF THE MEMBERS OF THE COMMISSION ON APPOINTMENTS;

    B. . . . IN CONTINUOUSLY CONDUCTING HEARINGS AND PROCEEDINGS ON THE APPOINTMENTS DESPITE THE COMMISSION ON APPOINTMENTS' UNCONSTITUTIONAL COMPOSITION WHICH MUST BE PROHIBITED BY THIS HONORABLE COURT; andcralawlibrary

    C. . . . IN FAILING, DESPITE REPEATED DEMANDS FROM PETITIONER, TO RE-ORGANIZE THE COMMISSION ON APPOINTMENTS IN ACCORDANCE WITH THE MANDATED PROPORTIONAL PARTY REPRESENTATION OF THE 1987 CONSTITUTION, WHICH REQUIREMENT MUST BE ENFORCED BY THIS HONORABLE COURT.30 (Emphasis in the original)

    She thus prayed for the

    1. . . . issu[ance of] a temporary restraining order/a writ of preliminary injunction to enjoin Respondents from proceeding with their illegal and unlawful actions as officials and members of the Commission on Appointments which composition is unconstitutional, pending resolution of the instant Petition;

    2. Declar[ation that] the composition of the Commission on Appointments [is] null and void insofar as it violates the proportional party representation requirement mandated by Article VI, Section 18 of the 1987 Philippine Constitution;

    3. Issu[ance of] a Writ of Prohibition against respondents Senate President Manuel Villar, Speaker Prospero Nograles and Secretary Gemma Aspiras to desist from further proceeding with their illegal and unlawful actions as officers of the Commission on Appointments, the composition of which is null and void for being violative of the proportional party representation requirement under Article VI, Section 18 of the 1987 Philippine Constitution; andcralawlibrary

    4. Issu[ance of] a Writ of Mandamus commanding respondents Senate President Manuel Villar, Speaker Prospero Nograles and Secretary Gemma Aspiras to reorganize and reconstitute the Commission on Appointments in accordance with the 1987 Constitution.31

    The Court consolidated G.R. No. 18005532 and G.R. No. 183055 on July 1, 2008.

    Petitioners in the first petition, G.R. No. 180055, later filed on August 15, 2008 a Motion with Leave of Court to Withdraw the Petition,33 alleging that with the designation of Representative Alfonso V. Umali, Jr. of the Liberal Party as a member of the House of Representatives contingent in the CA in replacement of Representative Eduardo M. Gullas of KAMPI, their petition had become moot and academic.

    In his Comment of August 19, 2008 on the second petition, respondent Senator Villar proffered the following arguments:

    I.

    Petitioner has no standing to file [the] petition.

    II.

    Petitioner failed to observe the doctrine of primary jurisdiction or prior resort. Each House of Congress has the sole function of reconstituting or changing the composition of its own contingent to the CA.

    III.

    Petitioner is estopped.

    IV.

    Presumption of regularity in the conduct of official functions.

    V.

    The extraordinary remedies of Prohibition and Mandamus and the relief of a TRO are not available to the Petitioner.34 (Emphasis in the original; underscoring supplied)

    In his Comment and Opposition35 filed on September 3, 2008, Speaker Nograles proffered the following arguments:

    A. WITH RESPECT TO THE HOUSE OF REPRESENTATIVES, THE PETITIONS HAVE ALREADY BECOME MOOT AND ACADEMIC UPON THE ELECTION OF REPRESENTATIVE ALFONSO V. UMALI, JR., MEMBER OF THE LIBERAL PARTY, TO THE HOUSE CONTINGENT TO THE COMMISSION ON APPOINTMENTS.36

    B. THE ACTS COMPLAINED OF DO NOT CONSTITUTE GRAVE ABUSE OF DISCRETION THAT WILL JUSTIFY THE ASSUMPTION OF JURISDICTION BY THE

    HONORABLE COURT AND THE GRANT OF THE EXTRAORDINARY WRITS OF MANDAMUS AND PROHIBITION.37

    C. THE REMEDY OF THOSE WHO SEEK TO RECONSTITUTE THE HOUSE CONTINGENT TO THE COMMISSION ON APPOINTMENTS RESTS, IN THE FIRST INSTANCE, WITH THE HOUSE OF REPRESENTATIVES.38

    D. CONSIDERING THE AFOREMENTIONED FACTS AND JURISPRUDENCE, IT IS SUBMITTED THAT SENATOR MADRIGAL HAS NO STANDING TO PURSUE THE INSTANT CASE.

    E. THE PETITION IS NOT ACCOMPANIED BY A VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING AS REQUIRED BY RULE 65 SECTIONS 2 AND 3 AND SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 28-91. (Emphasis and underscoring in the original)

    The first petition, G.R. No. 180055, has thus indeed been rendered moot with the designation of a Liberal Party member of the House contingent to the CA, hence, as prayed for, the petition is withdrawn.

    As for the second petition, G.R. No. 183055, it fails.

    Senator Madrigal failed to show that she sustained direct injury as a result of the act complained of.39 Her petition does not in fact allege that she or her political party PDP-Laban was deprived of a seat in the CA, or that she or PDP-Laban possesses personal and substantial interest to confer on her/it locus standi.

    Senator Madrigal's primary recourse rests with the respective Houses of Congress and not with this Court. The doctrine of primary jurisdiction dictates that prior recourse to the House is necessary before she may bring her petition to court.40 Senator Villar's invocation of said doctrine is thus well-taken, as is the following observation of Speaker Nograles, citing Sen. Pimentel, Jr. v. House of Representatives Electoral Tribunal:41

    In order that the remedies of Prohibition and Mandamus may be availed of, there must be "no appeal, nor any plain, speedy and adequate remedy in the ordinary course of law".ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    It is worth recalling that, in the 11th Congress, Senator Aquilino Pimentel advocated the allocation of a position in the Commission on Appointments for the Party-List Representatives. Just like the Petitioner in the instant case, Senator Pimentel first wrote to the Senate President, requesting that the Commission on Appointments be restructured to conform to the constitutional provision on proportional representation. xxx Without awaiting final determination of the question xxx, Pimentel filed a Petition for Prohibition and Mandamus with the Supreme Court. In the said case, the Honorable Court ruled:

    "The Constitution expressly grants to the House of Representatives the prerogative, within constitutionally defined limits, to choose from among its district and party-list representatives those who may occupy the seats allotted to the House in the HRET and the CA. Section 18, Article VI of the Constitution explicitly confers on the Senate and on the House the authority to elect among their members those who would fill the 12 seats for Senators and 12 seats for House members in the Commission on Appointments. Under Section 17, Article VI of the Constitution, each chamber exercises the power to choose, within constitutionally defined limits, who among their members would occupy the allotted 6 seats of each chamber's respective electoral tribunal.

    xxxx

    Thus, even assuming that party-list representatives comprise a sufficient number and have agreed to designate common nominees to the HRET and the CA, their primary recourse clearly rests with the House of Representatives and not this Court. Under Sections 17 and 18, Article VI of the Constitution, party-list representatives must first show to the House that they possess the required strength to be entitled to seats in the HRET and the CA. Only if the House fails to comply with the directive of the Constitution on proportional representation of political parties in the HRET and the CA can the party-list representatives seek recourse to this Court under its power of judicial review. Under the doctrine of primary jurisdiction, prior recourse to the House is necessary before petitioners may bring the instant case to the court. Consequently, petitioner's direct recourse to this Court is premature.

    Following the ruling in Pimentel, it cannot be said that recourse was already had in the House of Representatives. Furnishing a copy of Petitioner's letter to the Senate President and to the Speaker of the House of Representatives does not constitute the primary recourse required prior to the invocation of the jurisdiction of the Supreme Court. Further, it is the Members of the House who claim to have been deprived of a seat in the Commission on Appointments that must first show to the House that they possess the required numerical strength to be entitled to seats in the Commission on Appointments. Just like Senator Pimentel, demanding seats in the Commission on Appointments for Congressmen, who have not even raised the issue of its present composition in the House, is not Senator Madrigal's affair.42 (Italics, underscoring, and emphasis supplied by Representative Nograles)

    It bears noting that Senator Villar had already transmitted original copies of Senator Madrigal's letters to the Senate Secretary for inclusion in the Order of Business of the Session of the Senate to address her concerns. Senator Madrigal's filing of the second petition is thus premature.

    Senator Madrigal's suggestion - that Senators Pilar Juliana Cayetano and Richard Gordon be considered independent senators such that the latter should not be allowed to be a member of the CA,43 and that Senator Alan Peter Cayetano be considered a member of the NP such that he may sit in the CA as his inclusion in NP will entitle his party to one seat - involves a determination of party affiliations, a question of fact which the Court does not resolve.

    WHEREFORE, the Motion with Leave of Court to Withdraw the Petition in G.R. No. 180055 is GRANTED. The Petition is WITHDRAWN. The Petition in G.R. No. 183055 is DISMISSED.

    SO ORDERED.


    Endnotes:


    * On official leave.

    1 Vide rollo (G.R. No. 180055), pp. 23-24.

    2 Vide id. at 14.

    3 Ibid.

    4 In what capacity he replied to Representative Tañada is not mentioned in the rollo.

    5 Rollo (G.R. No. 180055), p. 14.

    6 Id. at 25.

    7 Ibid.

    8 Id. at 14-15.

    9 Id. at 53.

    10 Id. at 3-44.

    11 Id. at 26.

    12 Id. at 35-36.

    13 Id. at 69-77.

    14 Id. at 71, 73.

    15 Id. at 111-181.

    16 Id. at 113.

    17 Id. at 125.

    18 Id. at 133.

    19 Id. at 137.

    20 Rollo (G.R. No. 183055), pp. 34-35.

    21 Id. at 37.

    22 Id. at 37-38.

    23 Id. at 39.

    24 Id. at 42.

    25 Ibid.

    26 Id. at 43.

    27 Id. at 44.

    28 Id. at 46.

    29 Id. at 3-29.

    30 Id. at 12.

    31 Id. at 26-27.

    32 Id. at 106.

    33 Id. at 245-257.

    34 Id. at 133.

    35 Id. at 158-184.

    36 Id. at 163.

    37 Id. at 164.

    38 Id. at 174.

    39 Vide David v. Macapagal-Arroyo, G.R. No. 171396, May 3, 2006, 489 SCRA 160, 327.

    40 Sen. Pimentel, Jr. v. House of Representatives Electoral Tribunal, 441 Phil. 492, 503 (2002).

    41 Id. at 497-498, 500-503.

    42 Rollo (G.R. No. 183055), pp. 175-176.

    43 Id. at 18-19.

    G.R. No. 180055 and G.R. No. 183055 - Franklin M. Drilon, et al. v. Hon. Jose de Venecia, Jr., et al.


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