ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2009 Jurisprudence                 

  • A.C. No. 6672 - Pedro L. Linsangan v. Atty. Nicodemes Tolentino

  • A.C. No. 5955 - John Christen S. Hegna v. Atty. Goering G.C. Paderanga

  • A.C. No. 7297 - Imdelda Bides-Ulaso v. Atty. Edita Noe-Lacsamana

  • A.C. No. 7435 - Rey C. Sarmiento, et al. v. Atty. Edelson G. Oliva

  • A.C. No. 7547 - Gregory U. chan v. NLRC Commissioner Romeo L. Go, et al.

  • A.C. No. 7910 - Wen Ming W. Chen a.k.a. Domingo Tan v. Atty. F.D. Nicolas B. Pichay

  • A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

  • A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

  • A.M. No. 2009-04-SC - Complaint of Atty. Wilhelmina D. Geronga againts Mr. Ross C. Romero, driver, shuttle bus no. 5 for reckless driving

  • A.M. No. CTA-05-2 - Office of the Court Administrator v. Concepcion G. Espineda, etc.

  • A.M. No. MTJ-06-1623 Formerly OCA IPI No. 04-1635-MTJ, A.M. NO. MTJ-06-1624 Formerly OCA IPI No. 04-1636-MTJ, A.M. NO. MTJ-06-1625 Formerly OCA IPI No. 04-1630-MTJ, A.M. NO. MTJ-06-1627 Formerly OCA IPI No. 04-1661-MTJ, A.M. NO. P-09-2693 Formerly OCA IPI

  • A.M. No. P-05-2046 Formerly No. 05-6-159-MCTC - Office of the Court Administrator v. Clerk of Court Fe P. Ganzan, MCTC, Jasaan, Misamis Oriental

  • A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

  • A.M. No. P-07-2332 Formerly OCA I.P.I No. 07-2511-P - Dr. Salome U. Jorge v. Carlos P. Diaz, Deputy Sheriff, RTC, Branch 20, Tacurong, Sultan Kudarat

  • A.M. No. P-08-2433 Formerly OCA IPI No. 07-2667-P - Judge Jenny Lind Aldecia-Delorino v. Marilyn De Castro Remigio-Versosa, Clerk III, Regional Trial Court, Branch 137, Makati City

  • A.M. No. P-08-2570 Formerly A.M. OCA IPI No. 07-2547-P - Leticia Sales v. Arnel Jose A. Rubio, Sheriff IV, RTC, OCC, Naga City

  • A.M. No. P-09-2685 OCA-IPI No. 08-2839-P - P/Supt. Rene Macaling Orbe v. Marcos U. Digandang, Process Server, Regional Trial Court, Branch 14, Cotabato City

  • A.M. No. RTJ-01-1650 Formerly OCA IPI No. 01-1195-RTJ - Margie Corpus Macias v. Mariano v. Mariano Joaquin S. Macias, Presiding Judge, Branh 28, Regional Trial Court, Liloy, Zamboanga del Norte

  • A.M. No. RTJ-07-2089 Formerly OCA I.P.I. No. 07-2659-RTJ and A.M. NO. RTJ-0921-99 Formerly OCA I.P.I. No. 07-2698-RTJ- Land Bank of the Philippines v. Judge Ernesto P. Pagayatan

  • G.R. No. 132826 - Rolando Saa v. Integrated Bar of the Philippines, Commissoion on Bar Discipline, Board of Governors, Pasig City and Atty. Freddie A. Venida

  • G.R. NOS. 140743 & 140745 and G.R. NOS. 141451-52 - City Government of Tagaytay v. Hon. Eleuterio F. Guerrero, etc. et al.

  • G.R. No. 146534 - Spouses Hu Chuan Hai and Leonica Lim Hu v. Spouses Renato Unico and Maria Aurora J. Unico

  • G.R. NOS. 147026-27 - Carolina R. Javier v. Sandiganbayan, et al.

  • G.R. No. 148444 - Associated Bank (now United Overseas Bank [Phils.]) v. Spouses Rafael and Monaliza Pronstroller/Spouses Eduardo and Ma. Pilar Vaca (Intervenors)

  • G.R. No. 149588 - Francisco R. Llamas, et al. v. The Honorable Court of Appeals, et al.

  • G.R. No. 150664 - Vicente Dacanay, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez v. Hon. Raphael Prastora Sr., etc., et al.

  • G.R. No. 151969 - Valle Verde Country Club, Inc., et al. v. Victor Africa

  • G.R. No. 152101 - Emcor, Incorporated v. Ma. Lourdes D. Sienes

  • G.R. No. 152614 - Salvador A. Fernandez v. Cristina D. Amagna

  • G.R. No. 154720 - Juan Balbuena and Teodulfo Retuya v. Leona Aparicio Sabay, et al.

  • G.R. No. 156164 - Sps. Leonardo and Milagros Chua v. Hon. Jacinto G. Ang, et al.

  • G.R. No. 157901 - Orix Metro Leasing and Finance Corporation v. M/V "PILAR-I" and Spouses Ernesto Dy and Lourdes Dy

  • G.R. No. 157952 - Jowett K. Golango v. Jone B. Fung

  • G.R. No. 158630 and G.R. No. 162047 - Joyce Y. Lim, represented by her attorney-in-fact Bernardo M. Nicolas

  • G.R. No. 159116 - Sps. Nestor and Felicidad Dadizon v. Hon. Court of Appeals and Sps. Dominador and Elsa Mocorro

  • G.R. No. 159710 - Carmen A. Blas v. Spouses Eduardo and Salud Galapon

  • G.R. No. 161902 - Edgar Mercado v. People of the Philippines

  • G.R. No. 162104 - R Transport Corporation v. Eduardo Pante

  • G.R. No. 163270 - Eduardo M. Tomada, Sr. v. RFM Corporation-Bakery Flour Division, et al.

  • G.R. No. 164104 - Philippine National Bank v. Gregorio B. Maraya, Jr. and Wenefrida Maraya

  • G.R. No. 164205 - Oldarico S. Trave o, et al. v. Bobongon Banana Growers Multi-Purpose Cooperative, et al.

  • G.R. No. 164435 - Victoria S. Jarillo v. People of the Philippines

  • G.R. No. 164549 - Philippine National Bank v. Spouses Agustin and Pilar Rocamora

  • G.R. No. 164815 - Sr. Inspector Jerry Valeroso v. Court of Appeals and People of the Philippines

  • G.R. No. 165141 - Peregina Mistica v. Republic of the Philippines

  • G.R. No. 166516 - Emma Ver Reyes and Ramon Reyes v. The Register of Deeds of Cavite, et al.

  • G.R. No. 166857 - D.M. Wenceslao & Associates, inc. v. Freyssinet Philippines, Inc.

  • G.R. No. 167330 - Philippine Health Providers, Inc. v. Commissioner of Internal Revenue

  • G.R. No. 167569, G.R. No. 167570 & G.R. No. 171946 - Carlos T. Go., Sr., v. Luis T. Ramos

  • G.R. No. 167955 Formerly G.R. No. 151275 - People of the Philippines v. Armando Padilla y Nicolas

  • G.R. No. 167995 - Julita V. Imuan, et al. v. Juanito Cereno, et al.

  • G.R. No. 168151 - Regional Container Lines (RCL) of Singapore and Shipping Agency v. The Netherlands Insurance Co. (Philippines) Inc.

  • G.R. No. 168446 Formerly G.R. NOS. 144174-75 - People of the Philippines v. Ernesto Cruz, Jr. y Concepcion, et al.

  • G.R. No. 168927 - Arsenio F. Quevedo, et al. v. Benguet Electric Cooperative Incorporated, et al.

  • G.R. No. 169228 - The Alexandra Condominium Corporation v. Laguna Lake Development Authority

  • G.R. No. 169364 - People of the Philippines v. Evangeline Siton y sacil, et al.

  • G.R. No. 169641 - People of the Philippines v. Richard O. Sarcia

  • G.R. No. 169889 - Spouses Simon Yap and Milagros Guevarra v. First e-Bank, Inc.

  • G.R. No. 169919 - B.D. Long Span Builders, Inc. v. R.S. Ampeloquio Realty Development Inc.

  • G.R. No. 169940 - Univeristy of Santo Tomas v. Samahang Manggagawa ng UST (SM-UST)

  • G.R. No. 170072 - Joaquin P. Obieta v. Edward Cheok

  • G.R. No. 170342 - Allan Dizon v. People of the Philippines

  • G.R. No. 170482 - Manila Electric Company v. Aguida Vda. De Santiago

  • G.R. No. 171018 - People of the Philippines v. Elly Naelga

  • G.R. No. 171260 - Amparo Robles Cabreza v. Ceferino S. Cabreza Jr., et al.

  • G.R .No. 171491 - Dr. Castor C. De Jesus v. Rafel D. Guerrero III, Cesario R. Pagdilao and Fortuna B. Aquino

  • G.R. No. 171681 - Kei Marie and Bianca Angelica both surnamed Abrera, minors, represented by their parents Evelyn C. Abrera, et al. v. Hon. Romeo F. Barza, in his capacity as Presiding Judge of Regional Trial Court, Branch 61, Makati City and College Assu

  • G.R. No. 171984 - Bandila Maritime Services, Inc. and/or Tokomaru Kaiun Co., Ltd. v. Rolando Dubduban

  • G.R. No. 172217 - Spouses Lydia Flores-Cruz, et al. v. Spouses Leonardo and Iluminada Goli-Cruz, et al.

  • G.R. No. 172447 & G.R. No. 179404 - Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc. v. Nataniel B. Juane/Nataniel B. Juane v. Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc.

  • G.R. No. 174116 - Eastern Shipping Lines, Inc. v. Prudential Guarantee and Assurance, Inc.

  • G.R. No. 175064 - Province of Camarines Sur, represented by Governor Luis Raymund F. Villafuerte, Jr. v. Hon. Court of Appeals and City of Naga, represented by Mayor Jesse M. Robredo

  • G.R. No. 175172 - Cresencia Achevara, Alfredo Achevara and Benigno Valdez v. Elvira Ramos, John Arnel Ramos and Kristine Camille Ramos

  • G.R. No. 175528 - PO3 Benito Sombilon, Jr. v. People of the Philippines

  • G.R. No. 175490 - Ileana Dr. Macalino v. Bank of the Philippines Islands

  • G.R. No. 176014 - Alice Vitangcol and Norberto Vitangcol v. New Vista Properties, Inc., et al.

  • G.R. No. 176040 - Casa Cebuana Incoporada, et al. v. Ireneo P. Leuterio

  • G.R. No. 176364 - Juanito R. Rimando v. Commission on Elections and Norma O. Magno

  • G.R. No. 176546 - Felicitas P. Ong v. The People of the Philippines

  • G.R. No. 176700 - Romero Montederamos v. Tri-Union International Corporation

  • G.R. No. 177056 - The Office of the Solicitor General v. Ayala Land Incorporated, et al.

  • G.R. No. 177066 - Joselito Musni Puno (as heir of the late Carlos Puno) v. Puno Enterprises, Inc., represented by Jesusa Puno

  • G.R. No. 177456 - Bank of the Philippine Isalands v. Domingo R. Dando

  • G.R. No. 177531 - Civil Service Commission v. Fatima A. Macud

  • G.R. No. 177705 - Kimberly-Clark Philippines, Inc. v. Nora Dimayuga, et al.

  • G.R. No. 177753 - People of the Philippines v. Benjamin Ocampo

  • G.R. No. 177836 - Edwino A. Torres (deceased), represented and substitute by Alfonso P. Torres III, et al.

  • G.R. NOS. 177857-58, G.R. NO. 178193 and G.R. NO. 180705 - Philippine Coconut Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo P. Espina, et al. v. Republic of the Philippines

  • G.R. No. 178034, G.R. No. 178117 and G.R. NOS. 186984-85 - Andrew Jame Mcburne v. Eulalio Ganzon, et al.

  • G.R. No. 178485 - People of the Philippines v. Mariano Sapigao, Jr.

  • G.R. No. 178529 - Equitable PCI Bank, Inc (now known as Banco De Oro-EPCI, Inc.) v. Heirs of Antonio C. Tiu, et al.

  • G.R. No. 178543 - People of the Philippines v. Aristo Villanueva

  • G.R. No. 178933 - Recardo S. Silverio, Jr. v. Court of Appeals and Nelia S. Silverio-Dee

  • G.R. No. 179103 and G.R. NO. 180209 - National Power Corporation v. Premier Shipping Lines, Inc.

  • G.R. No. 179213 - People of the Philippines v. Nicolas Gutierrez y Licunan

  • G.R. No. 179313 - Makil U. Pundaodaya v. Commission on Elections, et al.

  • G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

  • G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

  • G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

  • G.R. No. 179583 - Jimmy L. Barnes a.k.a. James Barnes v. Teresita C. Reyes, et al.

  • G.R. No. 179799 - Zenaida R. Gregorio v. Court of Appeals, et al.

  • G.R. No. 179862 - Land Bank of the Philippines v. Heirs of Asuncion Anonuevo Vda. Santos, et al.

  • G.R. No. 179944 - People of the Philippines v. Antonio Ortiz, et al.

  • G.R. No. 179985 - Pdilon L. Martinez v. B&B Fish Broker and/or Norberto M. Lucinario

  • G.R. No. 180274 - Virgilio C. Crystal and Glynna F. Cystal v. Bank of the Philippines Islands

  • G.R. No. 180453 - Republic of the Philippines v. Dante C. Abril, represented by his Attorney-in-fact, Manuel C. Blaco, Jr.

  • G.R. No. 180478-79 - The Heritage Hotel of Manila v. National Labor Relations Commission, Rufino C. Ra on II, and Ismael C. Villa

  • G.R. No. 180508 - People of the Philippines v. Antonio v. Antonio Ramos y Viray

  • G.R. No. 180693 - Bonifacio Dolera y Tejada v. People of the Philippines

  • G.R. No. 180863 - Angelita Valdez v. Republic of the Philippines

  • G.R. NOS. 180880-81 and G.R. NOS. 180896-97 - Keppel Cebu Shipyard, Inc. v. Pioneer Insurance and Surety Corporation

  • G.R. No. 180888 - Rolando Placido and Edgardo Caragay v. National Labor Relations Commission and Philippine Long Distance Telephone Company, Incorporated

  • G.R. No. 180992 - Elmer Diamante y Sioson, et al. v. People of the Philippines

  • G.R. No. 181081 - People of the Philippines v. Roldan Arcosiba alias "Entoy"

  • G.R. No. 181300 - Malayan Insurance Co., Inc. v. Jardine Davies Transport Services, Inc. and Asian Terminals, Inc.

  • G.R. No. 181303 - Carmen Danao Malana, et al. v. Benigno Tappa, et al.

  • G.R. No. 181503 - Bio Quest Marketing Inc. and/or Jose L. Co v. Edmund Rey

  • G.R. No. 181613 - Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar

  • G.R. No. 181629 - People of the Philippines v. Elizardo Cabiles alias "SARDO"

  • G.R. NOS. 181999 & G.R. No. 182001-04 and G.R. NOS. 182020-24 - Ofelia Caunan v. People of the Philippines, et al.

  • G.R. No. 182185 - Joaquin Ga, Jr., et al. v. Spouses Antonio Tabungan, et al.

  • G.R. No. 182320 - Tacloban Far East Marketing Corporation, et al. v. The Court of Appeals, et al.

  • G.R. No. 183088 - People of the Philippines v. Donato Capco y Sabadlab

  • G.R. No. 183141 - Edgardo H. Catindig v. People of the Philippines, et al.

  • G.R. No. 183142 - Rosita A. Montanez v. Provincial Agrarian Reform Adjudicator (PARAD), et al.

  • G.R. No. 183387 - Simeon M. Valdez v. Financiera Manila Inc.

  • G.R. No. 183457 - People of the Philippines v. Roel Arbalate, et al.

  • G.R. No. 183546 - Wilson A. Go v. Harry A. Go

  • G.R. No. 183646 - Great Southern Maritime Services Corp., et al. v. Leonila Surigao, et al.

  • G.R. No. 183656 - Gilbert Zalameda v. People of the Philippines

  • G.R. No. 183802 - Alexander Tam Wong v. Catherine Factor-Koyoma

  • G.R. No. 183965 - Joanie Surposa Uy v. Jose Ngo Chua

  • G.R. No. 184037 - Antonio Lopez y Dela Cruz v. People of the Philippines

  • G.R. No. 184225 - Spouses Rogelio F. Lopez and Teotima G. Lopez v. Samuel R. Espinosa and Angelita S. Espinosa

  • G.R. No. 184252 - China Banking Corporation v. Sps. Wenceslao & Marcelina Martir

  • G.R. No. 184268 - Ernesto Batalla v. Commission on Elections and teodoro Bataller

  • G.R. No. 184285 - Rodolfo "Rudy" Canlas, et al. v. Iluminada Tubil

  • G.R. No. 184735 - Miriam B. Elleccion vda. De Lecciones v. National Labor Relations Commission, et al.

  • G.R. No. 184958 - People of the Philippines v. Anthony C. Domingo and Gerry Domingo

  • G.R. No. 185001 - Ronnie H. Lumayna, et al. v. Commission on Audit

  • G.R. No. 185203 - People of the Philippines v. Domingo Araojo

  • G.R. No. 186138 - People of the Philippines v. Loreto Daria y Cruz

  • G.R. No. 186497 - People of the Philippines v. Hasanaddin Guira y Bansil

  • G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

  • G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

  • G.R. No. 187503 - People of the Philippines v. Tecson Lim y Chua and Maximo Flores y Viterbo

  • G.R. No. 188456 - Harry L. Roque, et al. v. Commission on Election, et al.

  •  





     
     

    A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

      A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. NO. 01-1-04-SC-PHILJA : September 25, 2009]

    RE: FURTHER CLARIFYING AND STRENGTHENING THE ORGANIZATIONAL STRUCTURE AND ADMINISTRATIVE SET-UP OF THE PHILIPPINE JUDICIAL ACADEMY.

    R E S O L U T I O N

    PERALTA, J.:

    The present administrative matter arose from a letter dated June 17, 2009 of Justice Adolfo S. Azcuna, Chancellor of the Philippine Judicial Academy (PHILJA), addressed to Chief Justice Reynato S. Puno, Chairperson of the PHILJA Board of Trustees, requesting the Court's approval of the following amendments in the PHILJA's staffing pattern, solely referring to the Chancellor's Office. Thus:

    We refer your Honor to the Court En Banc Resolution dated 23 September 2008, in Revised A.M. No. 01-1-04-SC-PHILJA, (Further Clarifying and Strengthening the Organizational Structure and Administrative Set-up of the Philippine Judicial Academy), which approved PHILJA's staffing pattern, hereto attached as Annex "A."

    In reference to the abovementioned Resolution, may we respectfully request the Court's approval of the following amendments solely referring to the Chancellor's Office.

    1) To convert the position of PHILJA Attorney VI, salary grade 27, to Judicial Staff Head with the same salary grade 27, and change it from permanent to coterminous.

    The conversion of the position will accord the Chancellor the discretion to hire a non-lawyer for the position when necessary.

    2) To revert the status of the following positions from permanent to coterminous:

    SC Chief Judicial Staff Officer SG 25
    Judicial Staff Officer III SG 18
    Records Officer II SG 14
    Judicial Staff Assistant III SG 10

    Under the Revised A.M. No. 01-1-04-SC-PHILJA, the status of the above-mentioned positions were changed from coterminous to permanent status.

    In view of the nature of work required by the Chancellor for the staff under the Office of the Chancellor, there is a need to appoint such personnel of trust and confidence of the Chancellor.

    May we respectfully request that the permanent status of these positions be reverted to coterminous status.

    For the Chief Justice's consideration and approval.1

    In the Resolution dated June 23, 2009, the Court referred the matter to the Office of Administrative Services for comment thereon within ten (10) days from notice thereof.

    In a Memorandum2 dated July 22, 2009, Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Administrative Officer, Office of Administrative Services, made the following observation and recommendation:

    This refers to the directive of the Honorable Court En Banc in its resolution dated June 23, 2009 to this Office to comment on the attached letter of Justice Adolfo S. Azcuna, Chancellor, PHILJA requesting the following:

    1. the conversion of the position of one (1) PHILJA Attorney VI (SG 27) in the Office of the Chancellor to Judicial Staff Head with the same Salary Grade 27; andcralawlibrary

    2. the reversion of the status from permanent to coterminous of the positions in the Office of the Chancellor enumerated below:

    	SC Chief Judicial Staff Officer 	SG 25	
    	Judicial Staff Officer III 	SG 18
    	Records Officer II 		SG 14
    	Judicial Staff Assistant III 	SG 10
    

    Under the Revised A.M. No. 01-1-04-SC-PHILJA, re: "Further Clarifying and Strengthening the Organizational Structure and Administrative Set-up of the Philippine Judicial Academy," dated September 23, 2008, the status of the aforesaid positions, among others, was changed from coterminous to permanent.

    Justice Azcuna avers that the nature of work required for the staff under the Office of Chancellor necessitates that their appointments be based on his trust and confidence.

    Shown below is the plantilla of the Office of the Chancellor as approved pursuant to A.M. No. 01-1-SC-PHILJA, to wit:

    No. of Positions Position Title SG Existing Status
    1 PHILJA Chancellor 31
    1 PHILJA Attorney VI 27 Coterm
    2 PHILJA Attorney V 26 Coterm
    1 SC Chief Judicial Staff Officer 25 Perm
    1 Executive Assistant V 24 Coterm
    1 Executive Assistant IV 22 Coterm
    1 Judicial Staff Officer III 18 Perm
    1 Records Officer II 14 Perm
    1 Judicial Staff Assistant III 10 Perm
    1 Chauffeur II 6 Coterm
    1 Utility Worker II 3 Coterm
    12 Total Number of Positions

    COMMENTS/OBSERVATIONS:

    It may be stated that the results of the study made on the old plantillas of the PHILJA showed that there is a need for permanent positions in the Executive Offices (Offices of the PHILJA Chancellor, PHILJA Vice-Chancellor and PHILJA Executive Secretary) for purposes of continuity of workflow insofar as the records management therein is concerned.

    We believe that the request of Justice Azcuna to convert the position of Court Attorney VI [should be PHILJA Attorney VI] (SG 27) in his Office is meritorious in order to give his Honor the discretion to hire a non-lawyer when necessary. However, with due respect to him, we cannot favorably recommend its conversion as Judicial Staff Head with the same Salary Grade of 27, primarily because the position of Judicial Staff Head is exclusively used only in the Offices of the Justices; and, secondly, per the Index of Occupational Services, Position Titles and Salary Grades issued by the Department of Budget and Management (DBM), the position of Judicial Staff Head has an assigned Salary Grade of 28, not Salary Grade 27.

    As an alternative, we propose that the position of PHILJA Attorney VI in the Office of the Chancellor be converted and/or reclassified as PHILJA Head Executive Assistant with the same Salary Grade 27 as that of Court Attorney VI.

    As regards the second request of Justice Azcuna, we propose the reversion of the status of the permanent positions in his Office to coterminous except, however, to the position of Records Officer II which we proposed to be retained as permanent in order that there would be continuity of the smooth operations in the office should there be a chance of a new administration. All of the four (4) subject positions have existing funds.

    Meanwhile, we believe that the restructuring of the Office of the Chancellor might as well affect the hierarchy of positions in the Offices of the Vice-Chancellor and Executive Secretary. Hence, with due respect also to Honorables Justo P. Torres and Marina L. Buzon, PHILJA Vice-Chancellor and PHILJA Executive Secretary, respectively, we propose that some changes be likewise made in their respective plantillas.

    Shown below are the plantillas of the Offices of the PHILJA Vice-Chancellor and PHILJA Executive Secretary pursuant to the Revised A.M. No. 01-1-04-SC-PHILJA:

    OFFICE OF THE PHILJA VICE-CHANCELLOR

    No. of Positions Position Title SG Existing Status
    1 PHILJA Vice-Chancellor 30
    1 PHILJA Attorney V 26 Coterm
    1 PHILJA Attorney IV 25 Coterm
    1 PHILJA Attorney III 24 Coterm
    1 SC Supervising Judicial Staff Officer 23 Perm
    1 Executive Assistant III 20 Coterm
    1 Judicial Staff Officer III 18 Perm
    1 Executive Assistant II 17 Coterm
    1 Clerk III 6 Perm
    1 Chauffeur I 5 Coterm
    1 Utility Worker II 3 Coterm
    11 Total Number of Positions

    OFFICE OF THE PHILJA EXECUTIVE SECRETARY

    No. of Positions Position Title SG Existing Status
    1 PHILJA Executive Secretary 29
    1 PHILJA Attorney IV 25 Coterm
    1 PHILA Attorney III 24 Coterm
    1 Judicial Staff Officer VI 22 Perm
    1 Executive Assistant III 20 Coterm
    1 Judicial Staff Officer III 18 Perm
    1 Executive Assistant II 17 Coterm
    1 Clerk III 6 Perm
    1 Chauffeur I 5 Coterm
    1 Utility Worker II 3 Coterm
    [10] Total Number of Positions
    [should be 10, not 11]

    We propose that the following positions in their respective plantillas be likewise converted and/or reclassified, to wit:

    OFFICE POSITIONS PROPOSED TO BE CONVERTED/RECLASSIFIED
    FROM SG TO SG
    Office of the Vice-Chancellor PHILJA Attorney V 26 PHILJA Executive Assistant Supervisor 26
    Office of the Executive Secretary PHILJA Attorney IV 25 PHILJA Executive Assistant VI 25

    and that all the positions therein be reverted as coterminous for the same reason of maintaining the hierarchy of positions in the Executive Offices in the PHILJA, except that of Clerk III (SG 6) in the aforesaid Offices which we propose to be retained as permanent. Moreover, except for Clerk III position, it would be logical to have the other positions coterminous since the Vice-Chancellor and the Executive Secretary serve only for a specific period of two (2) years.

    Verification from the plantillas of the PHILJA Executive Officials shows that the aforesaid three (3) positions which we propose for conversion and/or reclassification (i.e., PHILJA Attorney VI, PHILJA Attorney V, and PHILJA Attorney IV) are still unfilled, hence, no incumbent will be affected by the proposed conversion and/or reclassification thereof.

    RECOMMENDATIONS:

    In light of the foregoing, we respectfully recommend the following:

    1. the conversion and/or reclassification of the position of Court Attorney VI [should be PHILJA Attorney VI] (SG 27) in the Office of the Chancellor and to retain its status as coterminous, to wit:

    FROM SG TO SG
    PHILJA Attorney VI 27 PHILJA Head Executive Assistant 27

    2. the reversion of the status from permanent to coterminous, but only insofar as the following positions in the Office of the Chancellor are concerned:

    SC Chief Judicial Staff Officer SG 25
    Judicial Staff Officer III SG 18
    Judicial Staff Assistant III SG 10

    3. the retention of the status as permanent of the position of Records Officer II (SG 14) in the Office of the Chancellor for purposes of continuity of the smooth operations in the office should there be a change of new administration.

    With due respect to Honorables Justo P. Torres and Marina L. Buzon, PHILJA Vice-Chancellor and PHILJA Executive Secretary, respectively, we likewise respectfully recommend the following changes in their respective plantillas for purposes of maintaining the hierarchy of positions in the Executive Offices of the PHILJA:

    1. the conversion and/or reclassification of the following positions in the Offices of the Vice-Chancellor and of the Executive Secretary, and to retain their status as coterminous:

    OFFICE FROM SG TO SG
    Office of the Vice-Chancellor PHILJA Attorney V 26 PHILJA Executive Assistant Supervisor 26
    Office of the Executive Secretary PHILJA Attorney IV 25 PHILJA Executive Assistant VI 25

    2. the reversion of the status of the permanent positions in the Offices of the PHILJA Vice-Chancellor and PHILJA Executive Secretary to coterminous, except for the position of Clerk III in each Office which we respectfully recommend to be retained both as permanent.

    3. the immediate filling up of the aforesaid three (3) converted/reclassified new coterminous positions, with the funds to be drawn from the savings of the Court, pending the release of the Notice of Organization, Staffing and Compensation Action (NOSCA) by the DBM.

    Should all these recommendations merit the approval of the Honorable Supreme Court, shown hereinbelow are the plantillas in the Executive Offices of the PHILJA showing the changes made therein, to wit:

    OFFICE OF THE PHILJA CHANCELLOR

    No. of Positions Position Title SG Existing Status Proposed Status
    1 PHILJA Chancellor 31
    1 PHILJA HEAD EXECUTIVE
    ASSISTANT

    (PHILJA Attorney VI)
    27 Coterm Coterm
    2 PHILA Attorney V 26 Coterm Coterm
    1 SC Chief Judicial Staff Officer 25 Perm COTERM
    1 Executive Assistant V 24 Coterm Coterm
    1 Executive Assistant IV 22 Coterm Coterm
    1 Judicial Staff Officer III 18 Perm COTERM
    1 Records Officer II 14 Perm Perm
    1 Judicial Staff Assistant III 10 Perm COTERM
    1 Chauffeur II 6 Coterm Coterm
    1 Utility Worker II 3 Coterm Coterm
    12 Total Number of Positions

    OFFICE OF THE PHILJA VICE-CHANCELLOR

    No. of Positions Position Title SG Existing Status Proposed Status
    1 PHILJA Vice-Chancellor 30
    1 PHILJA EXECUTIVE ASSISTANT SUPERVISOR
    (PHILJA Attorney V)
    26 Coterm Coterm
    1 PHILJA Attorney IV 25 Coterm Coterm
    1 PHILJA Attorney III 24 Coterm Coterm
    1 SC Supervising Judicial Staff Officer 23 Perm COTERM
    1 Executive Assistant III 20 Coterm Coterm
    1 Judicial Staff Officer III 18 Perm COTERM
    1 Executive Assistant II 17 Coterm Coterm
    1 Clerk III 6 Perm Perm
    1 Chauffeur I 5 Coterm Coterm
    1 Utility Worker II 3 Coterm Coterm
    11 Total Number of Positions

    OFFICE OF THE PHILJA EXECUTIVE SECRETARY

    No. of Positions Position Title SG Existing Status Proposed Status
    1 PHILJA Executive Secretary 29
    1 PHILJA EXECUTIVE ASSISTANT VI
    (PHILJA Attorney IV)
    25 Coterm Coterm
    1 PHILA Attorney III 24 Coterm Coterm
    1 Judicial Staff Officer VI 22 Perm COTERM
    1 Executive Assistant III 20 Coterm Coterm
    1 Judicial Staff Officer III 18 Perm COTERM
    1 Executive Assistant II 17 Coterm Coterm
    1 Clerk III 6 Perm Perm
    1 Chauffeur I 5 Coterm Coterm
    1 Utility Worker II 3 Coterm Coterm
    [10] Total Number of Positions
    [should be 10, not 11]

    On July 28, 2009, the Court directed the PHILJA to reply to the Memorandum dated July 22, 2009 of Atty. Candelaria, within ten (10) days from notice thereof.

    In his letter dated August 12, 2009, addressed to the Chief Justice, Justice Azcuna stated that:

    Anent the Resolution of the Honorable Supreme Court dated July 28, 2009, received by us on August 6, 2009, A.M. No. 01-1-04-PHILJA (Re: Further Clarifying and Strengthening the Organizational Structure and Administrative Set-up of the Philippine Judicial Academy), the undersigned has no objection to the Memorandum date July 22, 2009 of Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Administrative Officer, insofar as the Office of the Chancellor is concerned, but respectfully prays that the proposed changes in the Offices of the Vice-Chancellor and the Executive Secretary be deferred until after the end of the terms of the present Vice-Chancellor and Executive Secretary, unless said officials agree to have the same effective during their terms.

    Respectfully submitted.

    In the Resolution dated August 18, 2009, the Court required the Offices of the PHILJA, namely, Office of the Vice-Chancellor, Office of the Executive Secretary, and Administrative Division to comment on the letter dated June 17, 2009 and Letter-Compliance dated August 12, 2009 of PHILJA Chancellor, Justice Azcuna, as well as on the Memorandum dated July 22, 2009 of Atty. Candelaria, within ten (10) days from notice thereof, as these are the offices that will be affected by the proposed conversion and reclassification of the subject positions.

    In their joint letter dated August 27, 2009, addressed to the Chief Justice, PHILJA Vice-Chancellor, Justice Justo P. Torres, PHILJA Executive Secretary, Justice Marina L. Buzon, and PHILJA Administrative Chief, Judge Thelma A. Ponferrada, with the conforme of PHILJA Chancellor, Justice Adolfo S. Azcuna, stated that:

    Anent A.M. No. 01-1-04-PHILJA (Re: Further Clarifying and Strenthening the Organizational Structure and Administrative Set-up of the Philippine Judicial Academy) and the Resolution of the Honorable Supreme Court therein dated August 18, 2009 and received by our office on August 26, 2009, the undersigned respectfully submit this Comment in compliance with the Resolution. Thus:

    1. We respectfully agree with the Comment and Manifestation of Chancellor Adolfo S. Azcuna earlier filed on this matter dated August 12, 2009, copy of which is hereto attached as Annex "A," and adopts the same;

    2. We join his urgent request that he be provided the staff he requested as recommended by Atty. Eden T. Candelaria, Chief, Office of Administrative Services of this Court, in her Memorandum dated July 22, 2009.

    Respectfully submitted.

    The recommendation of Atty. Candelaria is well-taken. The Court grants the request of Justice Azcuna for the conversion of a position title and the reversion from permanent to coterminous status of certain positions, except the position of Records Officer III (SG 14), in the Office of the Chancellor, and approves and adopts the recommendation of Atty. Candelaria as to the change in the position titles of the heads of each of the Offices of the Vice-Chancellor and Executive Secretary and, likewise, the reversion from permanent to coterminous status, except the position of Clerk III (SG 6) in each office, in the staffing pattern of the two offices.

    Section 11 of Revised A.M. No. 01-1-04-SC-PHILJA, effective September 23, 2008, provides that:

    Section 11. Staffing Pattern

    In order to enhance efficiency and effectiveness, the staffing pattern of the Philippine Judicial Academy is hereby further strengthened to include sixty-nine (69) new positions to perform the functions of the new offices and divisions; reclassify four (4) existing positions; convert twenty (20) existing positions; change the status of eleven (11) co-terminous positions to permanent status and to realign some existing positions.

    The staffing pattern shall be as follows:

    OFFICE OF THE CHANCELLOR
    1 PHILJA Chancellor 31
    1 PHILJA ATTORNEY VI C.T. 27
    1 PHILJA Attorney V c.t. 26
    1 PHILJA Attorney V c.t. 26
    1 SC Chief Judicial Staff Officer c.t. P 25
    1 Executive Assistant V c.t. 24
    1 Executive Assistant IV c.t. 22
    1 Judicial Staff Officer III c.t. P 18
    1 Stenographic Reporter IV Records Officer II c.t. P 14
    1 Judicial Staff Assistant III c.t. P 10
    1 Chauffeur II c.t. 6
    1 Utility Worker II c.t. 3
    12 Total number of items in the Office of the Chancellor

    OFFICE OF THE VICE-CHANCELLOR
    1 PHILJA Vice-Chancellor 30
    1 PHILJA ATTORNEY V C.T. 26
    1 PHILJA Attorney IV c.t. 25
    1 PHILJA Attorney III c.t. 24
    1 SC Supervising Judicial Staff Officer c.t. P 23
    1 Executive Assistant III c.t. 20
    1 Judicial Staff Officer III c.t. P 18
    1 Executive Assistant II c.t. 17
    1 Clerk III c.t. P 6
    1 Chauffeur I c.t. 6
    1 Utility Worker II c.t. 3
    11 Total number of items in the Office of the Vice-Chancellor

    OFFICE OF THE EXECUTIVE SECRETARY
    1 PHILJA Executive Secretary 29
    1 PHILJA ATTORNEY IV C.T. 25
    1 PHILJA Attorney III c.t. 24
    1 Judicial Staff Officer VI c.t. P 22
    1 Executive Assistant III c.t. 20
    1 Judicial Staff Officer III c.t. P 18
    1 Executive Assistant II c.t. 17
    1 Clerk III c.t. P 6
    1 Driver I c.t. 3
    1 Utility Worker II c.t. 3
    10 Total number of items in the Office of the Executive Secretary

    x x x

    * - item co-terminous with the Chief of Office
    P - Permanent c.t. - co-terminous
    Italic Bold Font - New Item, funding to be sourced from Existing DBM approved item
    ITALIC BOLD FONT ALL CAPS - New Item, funding to be requested from DBM
    Italic Underlined - converted/retitled position
    Regular Font-Underlined - reclassified/upgraded position
    Regular Font - Existing DBM approved item

    Due to the increase in the programs and commitments of the PHILJA, the Court en banc3 issued Revised A.M. No. 01-1-04-SC-PHILJA for the purpose of clarifying and strengthening the organizational structure and administrative set-up of the PHILJA, including the key operating systems, staffing pattern, and the need to make it more appropriate to an academic institution. The Court amended the staffing pattern of the following offices of the PHILJA:

    A. Office of the Chancellor:

    1. PHILJA Attorney VI (SG 27) - newly created item; coterminous

    2. SC Chief Judicial Staff Officer (SG 25) - from coterminous to permanent

    3. Judicial Staff Officer III (SG 18) - from coterminous to permanent

    4. Records Officer II [formerly Stenographic Reporter IV (SG 13)] (SG 14) - from coterminous to permanent

    5. Judicial Staff Assistant III (SG 10) - from coterminous to permanent

    B. Office of the Vice-Chancellor:

    1. PHILJA Attorney V (SG 26) - newly created item; coterminous

    2. SC Supervising Judicial Staff Officer (SG 23) - from coterminous to permanent

    3. Judicial Staff Officer III (SG 18) - from coterminous to permanent

    4. Clerk III (SG 6) - from coterminous to permanent

    C. Office of the Executive Secretary:

    1. PHILJA Attorney IV (SG 25) - newly created item; coterminous

    2. Judicial Staff Officer VI (SG 23) - from coterminous to permanent

    3. Judicial Staff Officer III (SG 18) - from coterminous to permanent

    4. Clerk III (SG 6) - from coterminous to permanent

    In Re: Clarifying and Strengthening the Organizational Structure and Administrative Set-Up of the Philippine Judicial Academy,4 the Court saw the necessity of retaining the originally proposed titles and salary grades of the positions of SC Chief Judicial Staff Officer (SG 25) and Supervising Judicial Staff Officer (SG 23) in the PHILJA as part of further enhancing its organizational structure and administrative set-up.

    Corollarily, while the Court grants the request of Justice Azcuna that the PHILJA Attorney VI (SG 27), a newly created item, be changed to a non-lawyer designation, the appropriate position title should be PHILJA Head Executive Assistant with same Salary Grade 27, instead of Judicial Staff Head, which has an assigned Salary Grade 28, per Index of Occupational Services, Position Titles and Salary Grades issued by the DBM. The change in the position title to PHILJA Head Executive Assistant will afford him the discretion to hire an individual, including a non-lawyer, who possesses the qualifications required for the highly sensitive and confidential position. The position of Judicial Staff Head is peculiar to the Offices of the Associate Justices performing functions pertaining to the adjudication of cases and administrative supervision and other confidential matters. Additionally, as PHILJA Chancellor, Justice Azcuna should be given a free hand to select his office staff based on his trust and confidence and, hence, the need to have some position status changed from permanent to coterminous. The position of Records Officer II should remain to be permanent as there is a need to ensure the continuity of workflow and preserve the records management.

    Similarly, the changes in the nomenclature for the positions of PHILJA Attorney V to PHILJA Executive Assistant Supervisor (with same SG 26) for the Office of the Vice-Chancellor, and PHILJA Attorney IV to PHILJA Executive Assistant VI (with same SG 25) of the Office of the Executive Secretary, both being newly created and with position status of coterminous, are justified as the Vice-Chancellor and the Executive Secretary have the prerogative to hire heads of their office staff upon whom they can repose their trust and confidence. The heads of the three offices who occupy Private Secretary positions perform functions which are primarily confidential in nature and, thus, coterminous with the official they

    serve.5 In like manner, the hiring of key positions which are categorized as

    confidential should be reverted from permanent to coterminous, except the position of Clerk III (SG 6) in each office which should remain to be permanent as there is a need to ensure the continuity of workflow and preserve the records management.

    Thus, the following will be the amended staffing pattern of the respective offices of the PHILJA:

    A. Office of the Chancellor:

    1. PHILJA Head Executive Assistant (SG 27) -
    newly-created item; coterminous

    2. SC Chief Judicial Staff Officer (SG 25) -
    from permanent to coterminous

    3. Judicial Staff Officer III (SG 18) -
    from permanent to coterminous

    4. Judicial Staff Assistant III (SG 10) -
    from permanent to coterminous

    B. Office of the Vice-Chancellor:

    1. PHILJA Executive Assistant Supervisor (SG 26) - newly-created item; coterminous

    2. SC Supervising Judicial Staff Officer (SG 23) -
    from permanent to coterminous

    3. Judicial Staff Officer III (SG 18) -
    from permanent to coterminous

    C. Office of the Executive Secretary:

    1. PHILJA Executive Assistant VI (SG 25) -
    newly-created item; coterminous

    2. Judicial Staff Officer VI (SG 22) -
    from permanent to coterminous

    3. Judicial Staff Officer III (SG 18) -
    from permanent to coterminous

    WHEREFORE, in the best interest of service and to maintain optimum work efficiency in the Executive Offices of the Philippine Judicial ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    Academy (PHILJA), namely, Office of the Chancellor, Office of the Vice-Chancellor, and Office of the Executive Secretary, the Court RESOLVES:

    1. To GRANT the request of Justice Adolfo S. Azcuna, Chancellor of the Philippine Judicial Academy (PHILJA), with regard to the Office of Chancellor, as follows:

    A. The change in the position title from PHILJA Attorney VI, a newly-created item which is unfilled, to PHILJA Head Executive Assistant and maintaining the nature of the appointment as coterminous with Salary Grade 27;

    b. The reversion of the position status from permanent to coterminous with regard to the following items in the plantilla:

    SC Chief Judicial Staff Officer - Salary Grade 25
    Judicial Staff Officer III - Salary Grade 18
    Judicial Staff Assistant III - Salary Grade 10

    However, the request to revert the position status of Records Officer II, with Salary Grade 14, from permanent to coterminous is DENIED and said position shall remain to be permanent to ensure the continuity of workflow and preserve the records management in the Office of the Chancellor.

    2. To APPROVE AND ADOPT the recommendation of Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Administrative Officer, Office of Administrative Services, as to the following:

    A. The reclassification of each position in the PHILJA Offices of the Vice-Chancellor and Executive Secretary, both having the status of coterminous:

    Office of the Vice-Chancellor:
    From PHILJA Attorney V to PHILJA Executive Assistant Supervisor, with Salary Grade 26; unfilled

    Office of the Executive Secretary:
    From PHILJA Attorney IV to PHILJA Executive Assistant VI, with Salary Grade 25; unfilled

    2. The reversion of the position status from permanent to coterminous with regard to the following designated items in the plantilla of the PHILJA Offices of the Vice-Chancellor and Executive Secretary:

    Office of the Vice-Chancellor:

    A. SC Supervising Judicial Staff Officer (Salary Grade 23)
    b. Judicial Staff Officer III (Salary Grade 18)

    Office of the Executive Secretary:

    A. Judicial Staff Officer VI (Salary Grade 22)
    b. Judicial Staff Officer III (Salary Grade 18)

    except the position of Clerk III (Salary Grade 6) in each office, which remains to be permanent to ensure the continuity of workflow and preserve the records management in each office; and

    3. To REQUEST the Chancellor, Vice-Chancellor, Executive Secretary to appoint qualified personnel to the three (3) newly reclassified coterminous positions, namely:

    Office of the Chancellor:
    PHILJA Head Executive Assistant (Salary Grade 27)

    Office of the Vice-Chancellor:
    PHILJA Executive Assistant Supervisor (Salary Grade 26)

    Office of the Executive Secretary:
    PHILJA Executive Assistant VI (Salary Grade 25)

    subject to availability of the funds of the Court, pending the release of the Notice of Organization, Staffing and Compensation Action (NOSCA) by the Department of Budget and Management.

    SO ORDERED.

    Endnotes:


    * On official leave.

    ** Acting Chief Justice.

    1 Letter dated June 17, 2009, pp. 1-2.

    2 Memorandum dated July 22, 2009, pp. 1-6.

    3 Composed of Chief Justice Reynato S. Puno and Associate Justices Leonardo A. Quisumbing, Consuelo Ynares-Santiago, Antonio T. Carpio, Ma. Alicia Austria-Martinez (now retired), Renato C. Corona, Conchita Carpio Morales, Adolfo S. Azcuna (now retired and current PHILJA Chancellor, effective June 1, 2009), Dante O. Tinga (now retired), Minita Chico-Nazario, Presbitero J. Velasco, Jr., Antonio Eduardo B. Nachura, Ruben T. Reyes (now retired, whose vote was certified by Chief Justice Puno), Teresita J. Leonardo-De Castro, and Arturo D. Brion.

    4 A.M. No. 01-1-04-SC-PHILJA, January 31, 2006, 481 SCRA 1.

    5 See Montecillo v. Civil Service Commission, G.R. No. 131954, June 28, 2001, 360 SCRA 99.

    A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED