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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
 

   
May-2010 Jurisprudence                 

  • [G.R. No. 21924, May 12, 2010] SING JUCO, PLAINTIFF AND APPELLANT, VS. BENJAMIN CUAYCONG, AGATON TONGOY AND MARIANO RAMOS, DEFENDANTS AND APPELLEES.

  • [G.R. No. 47864 : May 12, 2010] GAUDENCIO C. HIQUIANA ET AL., PETITIONERS-APPELLEES, VS. ISMAEL L. VELOSO, ETC., RESPONDENT-APPELLANT.

  • [G.R. No. 174719 : May 05, 2010] HEIRS OF MARIO PACRES, NAMELY: VALENTINA VDA. DE PACRES, JOSERINO, ELENA, LEOVIGILDO, LELISA, AND LOURDES ALL SURNAMED PACRES, AND VEÑARANDA VDA. DE ABABA, PETITIONERS, VS. HEIRS OF CECILIA YGOÑA, NAMELY BAUDILLO YGOÑA YAP, MARIA YAP DETUYA, JOSEFINA YAP, EGYPTIANA YAP BANZON, AND VICENTE YAP[1] AND HILARIO RAMIREZ, RESPONDENTS.

  • [G.R. No. 164703 : May 04, 2010] ALLAN C. GO, DOING BUSINESS UNDER THE NAME AND STYLE "ACG EXPRESS LINER," PETITIONER, VS. MORTIMER F. CORDERO, RESPONDENT. [G.R. No. 164747] MORTIMER F. CORDERO, PETITIONER, VS. ALLAN C. GO, DOING BUSINESS UNDER THE NAME AND STYLE "ACG EXPRESS LINER," FELIPE M. LANDICHO AND VINCENT D. TECSON, RESPONDENTS.

  • [G.R. No. 175200 : May 04, 2010] NATIONAL HOUSING AUTHORITY, PETITIONER, VS. THE DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD AND MATEO VILLARUZ, SUBSTITUTED BY HIS HEIRS, NAMELY, SONIA VILLARUZ, MARGARITA VILLARUZ AND CARLOS H. VILLARUZ, RESPONDENTS.

  • [G.R. No. 181068 : May 04, 2010] PEOPLE'S AIR CARGO AND WAREHOUSING CO., INC, PETITIONER, VS. HONORABLE FRANCISCO G. MENDIOLA, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF PASAY CITY, BRANCH 115, AND CATHAY PACIFIC AIRWAYS, LTD., RESPONDENTS.

  • [G.R. No. 187049 : May 04, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LITO MACAPANAS Y ECIJA, ACCUSED-APPELLANT.

  • [G.R. No. 191550 : May 04, 2010] HENRY "JUN" DUEÑAS, JR., PETITIONER, VS. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND ANGELITO "JETT" P. REYES, RESPONDENTS.

  • [G.R. No. 180062 : May 05, 2010] GOVERNMENT SERVICE INSURANCE SYSTEM, PETITIONER, VS. BOARD OF COMMISSIONERS (2ND DIVISION), BOARD OF COMMISSIONERS OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB) HLURB NATIONAL CAPITAL REGION FIELD OFFICE, SPOUSES MARCELINO H. DE LOS REYES AND ALMA T. DE LOS REYES, AND NEW SAN JOSE BUILDERS, INC., RESPONDENTS.

  • [G.R. No. 141508 : May 05, 2010] ROBERTO S. BENEDICTO AND TRADERS ROYAL BANK, PETITIONERS, VS. MANUEL LACSON, A & A MONTELIBANO HIJOS, INC., ROBERTO ABELLO, DOMINADOR AGRAVANTE, LUISA ALANO, ALEXANDER FARMS, INC., ANGELA ESTATE, INC., GUILLERMO AND DOROTHY ARANETA, LETECIA ARANETA, ARCEO RAMOS & SONS, INC., SPOUSES GEORGE & LOURDES ARGUELLES, ASOSACION DE HACENDEROS DE SILAY-SARAVIA, INC. (AHSSI), SALVADOR BAUTISTA, BJB AGRO-INDUSTRIAL CORP., EUGENIO BAUTISTA, LUZ RAMOS BAYOT, CYNTHIA BENEDICTO, EVA BENEDICTO, LEOPOLDO BENEDICTO, MARY JANE BENEDICTO, FLORO BONGCO, FRANCISCO BONGCO, GERARDO BONGCO, MAXCY BORROMEO, QUIRICO CAMUS, CELSO AGRO INDUSTRIAL CORP., JULIA SO DE UYCHIAT, ARTURO UYCHIAT, LUIS UYCHIAT, ELISE UYCHIAT, CIRO LOCSIN AGRICULTURAL CORPORATION, CLAMONT FARMS, INC., SAGRARIO CLAPAROLS, JAIME CLAPAROLS, CLAUDIO LOPEZ, INC., RAMON CLEMENTE, SPOUSES ROMY CONLU AND ASUCENA DIASATA, SPOUSES CORNELIO AND DOLORES CONSING, LOPE CONSING, SPOUSES RAFAEL AND JULIETA CONSOLACION, BALCONER CORDOVA, CONSOLING CORDOVA, RAFAEL COSCULLUELA, CLK AGRO DEVELOPMENT CORP., EMILIO CUAYCONG, JR., SPOUSES JOSE ROBERTO AND PATRICIO CUAYCONG, ROMELI CUAYCONG, SONYA CUAYCONG, FELIPE DALIMO-OS, UBERTA DALIMO-OS, DELARICA REALTY, DOLL AGRICULTURAL CORP., DR. ANTONIO LIZARES CO., INC., SPOUSES BONIFACIO AND URBANA DUJON, ELAR AGRO INDUSTRIAL CORP., ELCEE FARMS, INC., ESTATE OF FERNANDO ERENETA, SPOUSES BENJAMIN AND TERESITA ESTACIO, EUSEBIO INCORPORATED, FARMLAND INCORPORATED, FELICIA AGRI DEVELOPMENT CORP., FELISA AGRI CORPORATION, SPOUSES ROLANDO AND NELLY FERMIN, FERTI-ACRES AGRI-CULTURAL CORPORATION, FRANCISCO JAVIER LACSON Y HERMANOS, GAMBOA HERMANOS, INC., HONORATO GAMBOA, ESTATE OF REMEDIOS GAMBOA, ANTONIO GASTON, HEIRS OF GERARDO GASTON, ESTATE OF JOSE MA. GASTON, VICTOR MA. GASTON, JOSE MA. GASTON, JOSE MA. GOLEZ, ANTONIO GONZAGA, ERNESTO GONZAGA, JESUS GONZAGA, LUIS GONZAGA, GONZAGA REAL ESTATE ENTERPRISES, INC., ROBERT GONZAGA, GREEN SOILS AGRICULTURE, INC., ESTATE OF REMEDIOS L. VDA. DE GUINTO, WARLITO USTILO, G.V. & SONS, INC., ENCARNACION HERNAEZ, SPOUSES MIGUEL AND CECILIA MAGSAYSAY, ADELINO HERNANDEZ, SPOUSES ABELARDO AND EMILY HILADO, SPOUSES ALFREDO AND TERESITA HILADO, RAMON HILADO, SPOUSES REMO AND ELSIE HINLO, SPOUSES DANILO AND NIMFA HINLO, MA. CRISTINA HOJILLA, DIOSDADO AND DIONISIO HOSALLA, JALIMONT REALTY, INC., ALBERTO AND BENJAMIN JALANDONI, DANIEL JALANDONI, JALKK CORPORATION, LEONOR JAVELLANA, ERIBERTO JESENA, PISON JESUSA AND SISTERS, JISARA AGRI DEVELOPMENT CORPORATION, J.H. TAMPINCO AGRICULTURAL CORP., LILIA LOPEZ DE JISON, ROBERTO JISON, JOMILLA AGRO INDUSTRIAL VENTURES, INC., BENIGNA JONOTA, JOSEFINA RODRIGUEZ AGRICULTURAL CORP., JT ALUNAN AGRI. CORP., ANTONIO JUGO, SPOUSES JUANITO JUMILLA AND SANTAS DALIMO-OS, ESTATE OF CASILDA JUSTINIANI, SPOUSES ALEJANDRO AND ANTONIO KANA- AN, AGUSTIN KILAYCO, SPOUSES RODOLFO AND EMMA LACSON, EMMANUEL LACSON, ESTATE OF ERNESTO LACSON, LACSON HERMANOS, INC., ESTATE OF FELIPE LACSON, MANUEL LACSON, ESTATE OF MANUELA VDA. DE LACSON, PEDRO LACSON, RAMON LACSON, SR., TERESA LACSON, RODRIGO LACSON, LACTOR ESTATE DEVELOPMENT CORP., LIBERTINO AGUTANG, CARMEN CONSING LA'O, JOSE LA'O, JULIA LA'O, LA SALVACION AGRICULTURAL CORP., ENRIQUE LEDESMA, LEDESMA HERMANOS, INC., JESUS LEDESMA, SPOUSES JOSE MA. AND EVA LEDESMA, LEGA FARMS, CORP., ESTATE OF ANASTACIO LEGARDE, LIMJAP-ALUNAN AGRI, JESUS LIZARES, JOSE LIZARES, LUIS LIZARES, NILO LIZARES, SR. AND JR., SPOUSES JOSE AND PERLA LIZARES, ROBERTO LIZARES, ANTONIO LOCSIN, FEDERICO LOCSIN, JR., SPS. ROBERT AND JEAN MARIE WINEBURGER, ESTATE OF JOSE LOCSIN, OSCAR LOCSIN, SPOUSES JOSE MA. AND MARGARITA LOCSIN, VICENTE LOCSIN, LONOY AGRICULTURAL CORP., DOLORES LOLITA VDA. DE LOPEZ, FORTUNATO LOPEZ, NER LOPEZ, ESTATE OF NIEVES LOPEZ, POMPEYO LOPEZ, ROSENDO LOPEZ, ARTURO DE LUZURIAGA, CLAUDIO DE LUZURIAGA, CATALINA VDA. DE MAKILAN, BENITO MALAN, BASILIO MANALO, MANCY & SONS, INC., MANILAC AGRO COMMERCIAL CORP., SPOUSES MANUEL AND LUISA MANOSA, JULIO AND GENEVIEVE MAPA, MAPLE AGRI-CORP., INC., MARLAND AGRICULTURAL CORP., MARVIA & CO., INC., ANTONIO MENDOZA, BERNARDO MENDOZA, JR., SPOUSES BERNARDO AND ROSARIO MENDOZA, MALAURIE AGRICULTURAL DEVELOPMENT CORP., HEIRS OF MANUEL AND CEFERINO MONFORT, ESTATE OF MANUEL MONFORT, JR., SPOUSES EMILIO AND LINDA MONTALVO, MONTILLA SISTERS AGRICULTURAL CORP., ANTONIO MONTINOLA, NIEVES AGRO-INDUSTRIAL DEVELOPMENT CORP., MAMERTO DE OCA, O. LEDESMA & CO., INC., HEIRS OF MERCEDES PABIANA, TEODULO PABIANA, ESTATE OF ROSARIO PALENZUELA, ESTATE OF ENCARNACION PANLILIO, JOSE PASCUAL, JOHNNY DE LA PENA, ANICETA PERDIGUEROS, AQUILES PERDIGUEROS, LUISA PEREZ, CRISTINA PERTIERRA, PHISON FARMS, INC., ESTATE OF JOSEFINA PICCIO, PISON-LOCSIN KAUTURAN, NICOLAS POLINARIO, PUYAS AGRO, INC., ESTATE OF LEONOR DE LA RAMA, LUIS RAMA, RAMON DE LA RAMA AGRO DEVELOPMENT CORP., REMO RAMOS, BENJAMIN RAMOS, MARIANO RAMOS, SPOUSES ENRIQUE AND TERESITA REGALADO, SPS. JOSE MA. AND AMELIA REGALADO, MANUEL REGALADO, AQUILINO REONIR, RHE & SONS AGRO INDUSTRIAL CORP., ROAM AGRICULTURAL CORP., AMANDO ROBILLO, ROMALUX AGRI FARMS, INC., LETECIA DEL ROSARIO, MANUEL DEL ROSARIO, EULALIA ROSELLO, ROSENDO H. DE LA RAMA & CO., BIBIANO SABINO, SPOUSES REINHARDT AND CORAZON SAGEMULLER, PEDRO SAJO, SPOUSES AQUILES AND MA. CRISTINA SAJO, SAN ANTONIO FARMS, JOSE MA. SANTOS, MARCELINO SAUSI, STA. CLARA ESTATE, INC., SPOUSES FRANCISCO AND JULITA SERRIOS, ANTONIO SIAN, SIASON- DITCHING AGRO INDUSTRIAL CORP., SPOUSES LUCRECIO SORIANO AND LIBERATA DALIMO- OS, IMELDA TAMPINCO, T. GENSOLI & CO., TINIHABAN AGRICULTURAL CORP., SPOUSES LINO AND THELMA TOLEDO, FRANCISCO TORIANO, GODOFREDO TORIANO, LUCRECIO TORIANO, MOISES TORIANO, TOTA, INC., DEMOCRITO TRECHO, JESUSA TRECHO, PABIO TRECHO, RUFINO TRECHO, ESTATE OF FLORENTINO TREYES, ESTATE OF VICTOR TREYES, FERNANDO TREYES, LILIA TREYES, SOCORRO TUVILLA, FRANCIS TUVILLA, SPS. JOE MARIE AND VICTORIA TUVILLA, JOSE URBANOZO, JR., ESTATE OF ROSARIO VALENCIA, EDUARDO DE VENECIA, VICTORIAS MILLING, CO., INC., SPOUSES EDSEL AND RITA VILLACIN, JOSEFA VILLAERA, VILLALAYA AGRO DEVELOPMENT, SERAFIN VILLANUEVA, IRVING VILLASOR, DOMINICIANO VINARTA, ROSENDO AND CANDIDO VINARTA, BERNARD YBIERNAS, ESTRELLA YBIERNAS, SPOUSES CARLOS AND EDITH YLANAN, BENITO YOUNG, SPOUSES RENATO AND VICTORIA YULO, AND JESUS YUSAY, RESPONDENTS.

  • [G.R. No. 143591 : May 05, 2010] TEODORO C. BORLONGAN, JR., CORAZON M. BEJASA, ARTURO E.MANUEL, JR., ERIC L. LEE, P. SIERVO H. DIZON, BENJAMIN DE LEON, DELFIN C. GONZALES, JR., AND BEN YU LIM, JR., PETITIONERS, VS. MAGDALENO M. PEÑA AND HON. MANUEL Q. LIMSIACO, JR., AS JUDGE DESIGNATE OF THE MUNICIPAL TRIAL COURT IN CITIES, BAGO CITY, RESPONDENTS.

  • [G.R. No. 163267 : May 05, 2010] TEOFILO EVANGELISTA, PETITIONER, VS. THE PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 172708 : May 05, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JOSEPH AMPER Y REPASO, APPELLANT.

  • [G.R. No. 178087 : May 05, 2010] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. KUDOS METAL CORPORATION, RESPONDENT.

  • [G.R. No. 184800 : May 05, 2010] WONINA M. BONIFACIO, JOCELYN UPANO, VICENTE ORTUOSTE AND JOVENCIO PERECHE, SR., PETITIONERS,VS. REGIONAL TRIAL COURT OF MAKATI, BRANCH 149, AND JESSIE JOHN P. GIMENEZ, RESPONDENTS.

  • [G.R. No. 181847 : May 05, 2010] PUBLIC ESTATES AUTHORITY NOW PHILIPPINE RECLAMATION AUTHORITY, PETITIONER,VS. ESTATE OF JESUS S. YUJUICO, REPRESENTED BY BENEDICTO V. YUJUICO AND EDILBERTO V. YUJUICO; AND AUGUSTO Y. CARPIO, RESPONDENTS.

  • [G.R. No. 187556 : May 05, 2010] PLANTERS DEVELOPMENT BANK, PETITIONER, VS. JAMES NG AND ANTHONY NG, RESPONDENTS.

  • [G.R. No. 187200 : May 05, 2010] GOLDEN ACE BUILDERS AND ARNOLD U. AZUL, PETITIONERS,VS. JOSE A. TALDE, RESPONDENT.

  • [G.R. No. 148892 : May 06, 2010] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. LUZ L. RODRIGUEZ, RESPONDENT.

  • [A.M. No. 09-9-163-MTC : May 06, 2010] RE: CASES SUBMITTED FOR DECISION BEFORE HON. TERESITO A. ANDOY, FORMER JUDGE, MUNICIPAL TRIAL COURT, CAINTA, RIZAL.

  • [G.R. No. 170515 : May 06, 2010] MARMOSY TRADING, INC. AND VICTOR MORALES, PETITIONERS, VS. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, HON. LABOR ARBITER ELIAS H. SALINAS AND JOSELITO HUBILLA, RESPONDENTS.

  • [G.R. Nos. 180772 and 180776 : May 06, 2010] LAND BANK OF THE PHILIPPINES [LBP], PETITIONER, VS. DOMINGO AND MAMERTO SORIANO, RESPONDENTS.

  • [G.R. No. 179038 : May 06, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSEPH SERRANO AND ANTHONY SERRANO,ACCUSED-APPELLANTS.

  • [G.R. No. 186134 : May 06, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOEL ROA Y VILLALUZ, ACCUSED-APPELLANT.

  • [G.R. No. 189402 : May 06, 2010] LIGAYA SANTOS AND ROBERT BUNDA, PETITIONERS, VS. DOMINGO I. ORDA, JR., RESPONDENT.

  • [G.R. No. 189602 : May 06, 2010] HEIRS OF ALFREDO ZABALA, REPRESENTED BY MENEGILDA ZABALA, ROLANDO ZABALA, MANUEL ZABALA, MARILYN ZABALA, AND ADELINA ZABALA, PETITIONERS, VS. HON. COURT OF APPEALS, VICENTE T. MANUEL AND/OR HEIRS OF VICENTE T. MANUEL, RESPONDENTS.

  • [G.R. No. 191771 : May 06, 2010] LIBERAL PARTY, REPRESENTED BY ITS PRESIDENT MANUEL A. ROXAS II AND SECRETARY GENERAL JOSEPH EMILIO A. ABAYA, PETITIONER, VS. COMMISSION ON ELECTIONS, NACIONALISTA PARTY, REPRESENTED BY ITS PRESIDENT MANUEL B. VILLAR AND NATIONALIST PEOPLE'S COALITION, ALLEGEDLY REPRESENTED BY ITS CHAIRMAN FAUSTINO S. DY, JR., RESPONDENTS.

  • [G.R. No. 191846 : May 06, 2010] TEOFISTO GUINGONA, JR., BISHOP LEO A. SORIANO, FE MARIA ARRIOLA, ISAGANI R. SERRANO, AND ENGR. RODOLFO LOZADA, CORONA, VS. COMMISSION ON ELECTIONS, RESPONDENT.

  • [G.R. No. 160718 : May 12, 2010] ANUNCIO C. BUSTILLO, EMILIO SUMILHIG, JR., AND AGUSTIN BILLEDO, JR., PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 170956 : May 12, 2010] FELISA R. FERRER, PETITIONER, DOMINGO CARGANILLO, SERGIO CARGANILLO, SOLEDAD AGUSTIN AND MARCELINA SOLIS, RESPONDENTS.

  • [G.R. No. 180050 : May 12, 2010] RODOLFO G. NAVARRO, VICTOR F. BERNAL, AND RENE O. MEDINA, PETITIONERS, VS. EXECUTIVE SECRETARY EDUARDO ERMITA, REPRESENTING THE PRESIDENT OF THE PHILIPPINES; SENATE OF THE PHILIPPINES, REPRESENTED BY THE SENATE PRESIDENT; HOUSE OF REPRESENTATIVES, REPRESENTED BY THE HOUSE SPEAKER; GOVERNOR ROBERT ACE S. BARBERS, REPRESENTING THE MOTHER PROVINCE OF SURIGAO DEL NORTE; GOVERNOR GERALDINE ECLEO VILLAROMAN, REPRESENTING THE NEW PROVINCE OF DINAGAT ISLANDS, RESPONDENTS.

  • [G.R. No. 178202 : May 14, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NORMAN SITCO AND RAYMUNDO BAGTAS (DECEASED), ACCUSED-APPELLANTS.

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    [G.R. No. 170515 : May 06, 2010]   MARMOSY TRADING, INC. AND VICTOR MORALES, PETITIONERS, VS. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, HON. LABOR ARBITER ELIAS H. SALINAS AND JOSELITO HUBILLA, RESPONDENTS.

     
    SECOND DIVISION

    [G.R. No. 170515 : May 06, 2010]

    MARMOSY TRADING, INC. AND VICTOR MORALES, PETITIONERS, VS. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, HON. LABOR ARBITER ELIAS H. SALINAS AND JOSELITO HUBILLA, RESPONDENTS.

    D E C I S I O N


    PEREZ, J.:

    This is a petition for review under Rule 45 of the Rules of Court assailing the Decision[1] of the Court of Appeals dated 14 July 2005 in CA G.R. SP No. 85989, affirming the Resolution of the National Labor Relations Commission (NLRC) dated 30 January 2004 in CA No. 021367-99, ordering the levy on execution on the real property of herein petitioner Victor Morales. Likewise assailed is the resolution of the appellate court dated 16 November 2005,[2] which denied the motion for reconsideration filed by petitioners Marmosy Trading, Inc. and Victor Morales.

    The facts of the case are as follows:

    Petitioner Marmosy Trading, Inc. is a domestic corporation duly organized and existing under the laws of the Republic of the Philippines. It acts as a distributor of various chemicals from foreign suppliers. Petitioner Victor Morales is the President and General Manager of Marmosy Trading, Inc. Respondent Joselito Hubilla was hired as a Technical Salesman pursuant to an appointment letter dated 12 February 1991. Petitioner Marmosy Trading, Inc. terminated respondent's services effective 15 July 1997.[3]

    Owing to his termination, respondent filed a case for illegal dismissal, illegal deduction and diminution of benefits against petitioners before the Labor Arbiter, docketed as NLRC NCR Case No. 00-07-05054-97.[4]

    On 31 May 1999, Labor Arbiter Daniel C. Cueto rendered a Decision[5] against petitioners, the dispositive portion of which reads:

    WHEREFORE, on account of the foregoing considerations, judgment is hereby rendered declaring the termination of the services of the complainant to be illegal and without just and valid cause.

    Accordingly, respondents are hereby ordered to reinstate the complainant to his former position, or in case the same is no longer available, to other equivalent position without loss of seniority rights and other benefits and privileges. Respondents are likewise hereby ordered to pay complainant his full backwages and other benefits which he should have received had his services not been terminated, from July 15, 1997, until actually reinstated, after crediting respondents the separation pay paid to the complainant and other accountabilities in the total amount of P61,052.74 and 10% thereof as and by way of attorney's fees.

    The total award is tentatively computed as follows:
    1. Backwages




    07/15/97-05/31/99 = 22.53 months



    P5,950.00 x 22.53

    P134,053.50



    2. 13th Month Pay




    1/12 of P134,053.50

    11,171.13

    P145,224.63



    3. Attorney's Fee





    10% of P145,224.63 14,522.46

    Total Monetary Award


    P159,747.09



    Less: Accountabilities:





    Separation Pay P35,402.20

    Tax Deficiency 1996 4,420.59

    Tax Deficiency 1997 229.75

    Car Loan Balance 21,000.00 61,052.74

    TOTAL
    P98,694.35

    All other claims are hereby denied for lack of merit.

    Petitioners filed an Appeal[6] to the NLRC docketed as CA No. 021367-99. The NLRC issued a Resolution[7] dated 31 May 2000 denying the appeal for lack of merit. This Resolution of the NLRC became final and executory on 26 June 2000.[8] Respondent then filed a Motion for the issuance of a writ of execution.[9] Petitioners, for their part, further filed a petition to the Court of Appeals docketed as CA G.R. SP No. 60226. The Court of Appeals issued a Resolution dated 22 August 2000 dismissing outright the petition in CA G.R. SP No. 60226 filed by the petitioners on the ground of procedural infirmities, such as, failure to file a motion for reconsideration of the NLRC Resolution dated 31 May 2000, and failure to append to the petition relevant and pertinent pleadings.[10] This resolution likewise became final and executory and an Entry of Judgment was issued by the appellate court on 25 November 2000.[11]

    Petitioners elevated the decision of the Court of Appeals in CA G.R. SP No. 60226 to this Court by a petition for review docketed as G.R. No. 145881. This Court resolved to deny the petition in G.R. No. 145881 filed by the petitioners, in a Resolution dated 7 February 2001, for the late filing of the petition and failure to show reversible error on the part of the Court of Appeals.[12] Entry of Judgment was issued on 13 August 2001.[13]

    Respondent then resorted to a motion for the issuance of an alias writ of execution.[14] On 28 August 2001, Labor Arbiter Elias H. Salinas issued a writ of execution[15] addressed to the NLRC Sheriff, the dispositive portion of which reads:

    NOW THEREFORE, you are hereby commanded to proceed to the premises of respondent Marmosy Trading, Inc. located at ITC Building 337 Gil Puyat Avenue Extension, Makati City, or wherever they may be found, to collect the total sum of TWO HUNDRED NINETY SIX THOUSAND ONE HUNDRED SIXTY PESOS and TEN CENTAVOS (PHP296,160.10) representing complainant's total monetary award and to turn over the said amount collected to the NLRC Cashier for disposition to herein complainant.

    In case you failed (sic) to collect said amount in cash from the respondents, you are to cause the satisfaction of the same to be made out of the movables or chattels, or in the absence thereof, from the immovable properties of the respondents not exempt from execution.

    You are to return this Alias Writ of Execution with your corresponding report of the proceedings undertaken thereon within sixty (30) (sic) days from receipt hereof.

    A Motion for Reconsideration,[16] with Motion to Recall the Writ of Execution dated 5 September 2001 was filed by the petitioners. They assailed the computation made by the Labor Arbiter and averred that the company had stopped its operations as of June, 1997; that there is no position to which respondent can be reinstated or appointed; and that respondent had already been paid his separation pay. In a supplement to their own computation of the monetary award given to respondent, petitioners showed that in actuality, respondent still owes them the amount of P22,383.15, when they ceased operations at the end of 1997 and respondent had already received his separation pay.

    Petitioners' motion for reconsideration was denied by the Labor Arbiter in an Order dated 22 October 2001 but the monetary award in favor of respondent was corrected to read as P274,823.70, and the Sheriff was directed to proceed with the execution.[17]

    Undeterred, petitioners again filed before the NLRC a "Memorandum of Appeal with Prayer for Injunction" assailing the 22 October 2001 Order of the Labor Arbiter.[18] Respondent countered by filing an opposition on the ground of failure to file a supersedeas bond on the part of the petitioners and that no new issues were raised therein.[19]

    In an Order dated 22 May 2002,[20] the above Appeal of the petitioners was dismissed by the NLRC for failure to file a supersedeas bond. The NLRC in the same order affirmed in toto the 22 October 2001 Order of the Labor Arbiter. Petitioners filed a Motion for Reconsideration dated 21 June 2002.[21] The motion for reconsideration was denied for lack of merit in a resolution dated 22 August 2002 issued by the NLRC. The NLRC likewise emphasized that no further motions for reconsideration shall be entertained.[22]

    Acting on respondent's ex-parte motion for the re-computation of his monetary award and for the issuance of an alias writ of execution dated 19 November 2002,[23] Labor Arbiter Elias Salinas issued on 11 March 2003 an alias Writ of Execution[24] addressed to the NLRC Sheriff, the dispositive portion of which reads:

    NOW THEREFORE, you are hereby commanded to proceed to the premises of respondents MARMOSY TRADING INC. located at ITC Building 337 Gil Puyat, Avenue Extension, Makati (sic) City or wherever they can be found within the jurisdiction of the Republic of the Philippines, to collect the sum of TWO HUNDRED FIFTY ONE THOUSAND NINE HUNDRED TWENTY SEVEN PESOS AND TWELVE CENTAVOS (P251,927.12), representing complainant's computed monetary award and to deposit the said amount to the Cashier NLRC, for disposition to herein complainant.

    In case you failed (sic) to collect the amount in cash, you are to cause the satisfaction of the same out of the movables, chattels and in the absence thereof, to the immovable not exempt from execution.

    You are allowed to collect execution fees in accordance with the Procedures of the NLRC Manuals (sic) on Execution.

    You are to return this writ within ONE HUNDRED EIGHTY (180) days from receipt hereof with the corresponding report of the proceedings.

    Pursuant to the writ of execution issued by Labor Arbiter Elias Salinas, the Sheriff garnished petitioners account with Equitable-PCI Bank in the amount of P22,896.58,[25] which was later released to the NLRC cashier and, thereafter, turned over to the respondent as partial satisfaction of the judgment in his favor.

    Petitioners objected to the garnishment by filing a motion for reconsideration and to recall the order of release and alias writ of execution alleging that the account with Equitable-PCI Bank belongs to both petitioner Marmosy Trading, Inc. and petitioner Victor Morales; that only petitioner Marmosy Trading, Inc. was the employer of respondent whereas petitioner Victor Morales, who was president of the Marmosy Trading, Inc. when the complaint was filed, is only a nominal party.

    Petitioners' motion for reconsideration was denied by Labor Arbiter Elias Salinas in an Order dated 23 June 2003.[26] Petitioners again appealed to the NLRC. This appeal was dismissed for lack of merit in the Resolution of the NLRC dated 30 January 2004.[27]

    The pertinent portion of the NLRC Resolution dated 30 January 2004 is quoted hereunder:

    As borne by the records, individual respondent Victor H. Morales is the President and General Manager of [respondent] Marmosy Trading Inc. As correctly ruled being the President at the same time General Manager of the Corporation, [Respondent] Morales is therefore to be held responsible for the corporation's obligations to the workers including complainant especially when as alleged the company had already closed its business operations. The termination of the existence of a corporation requires the assumption of the company's liabilities and there is no responsible officer but the President who must assume full responsibility of the consequences of the closure.

    Petitioners' motion for reconsideration[28] was denied for lack of merit by the NLRC in a Resolution[29] dated 20 July 2004. The Resolution became final and executory on 8 October 2004.[30]

    From the above NLRC Resolution, petitioners again elevated the case to the Court of Appeals via a Petition for Certiorari under Rule 65 docketed as CA G.R. SP No. 85989. The petition was denied in a Decision[31] of the Court of Appeals dated 14 July 2005. The Court of Appeals explained that:

    The writ of execution commanded the Sheriff to proceed to the premises of petitioners located in Makati City or wherever they can be found to collect the sum of PhP251,927.12. Since petitioner Morales was likewise ordered in the decision sought to be executed to pay private respondent, the Sheriff properly levied on his real property. Section 2 Rule 4 of the NLRC Manual on Execution of Judgment provides that the Sheriff or proper officer shall enforce the execution of a money judgment by levying on all the property, real and personal, of the losing party, of whatever name and nature and which may be disposed of for value, not exempt from execution.[32]

    The fallo of the decision rendered by the Court of Appeals states:

    Wherefore, the Petition is Dismissed for lack of merit.[33]

    Petitioners' motion for reconsideration met the same fate in the appellate court's Resolution[34] dated 16 November 2005.

    Hence, this petition on the lone issue of whether or not the decision dated 14 July 2005 and the resolution dated 16 November 2005 of the Court of Appeals in CA G.R. SP No. 85989, which allowed the notice of levy to be annotated on the title of the real property registered under Transfer Certificate of Title No. 59496 in the name of petitioner Victor Morales, are in accordance with law and existing jurisprudence.[35]

    The petition is not meritorious.

    At the outset, the Court takes notice of the fact that petitioners already exhausted all the remedies available to them since the time the Labor Arbiter rendered his decision dated 31 May 1999. In fact, said decision of the Labor Arbiter was elevated all the way up to this Court by the petitioners via G.R. No. 145881. We denied this petition in a Resolution dated 7 February 2001.[36] Execution in favor of the respondent ought to have taken place as a matter of right.[37] From the finality of G.R. No. 145881, this case was remanded to the Labor Arbiter for execution. Regrettably, due to the series of pleadings, motions and appeals to the NLRC, including petitions to the Court of Appeals, filed by the petitioners, they have so far successfully delayed the execution of the final and executory decision in this case. The decision of the Labor Arbiter, rendered on 31 May 1999, has been elevated to, for review by, the NLRC, the Court of Appeals and finally this Court which entered judgment on the matter nine years ago, or on 13 August 2001. Until the present, the decision in 1999 has not yet been executed.

    The Labor Arbiter's decision has long become final and executory and it can no longer be reversed or modified.

    The Court has on occasion ruled that:

    Now, nothing is more settled in law than when a final judgment becomes executory, it thereby becomes immutable and unalternable. The judgment may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of law or fact, and regardless of whether the modification is attempted to be made by the court rendering it or by the highest court of the land. The only recognized exception are the correction of clerical errors or the making of so-called nune pro tunc entries which cause no injury to any party, and, of course, where the judgment is void x x x.[38]

    We disfavor delay in the enforcement of the labor arbiter's decision. Once a judgment becomes final and executory, the prevailing party should not be denied the fruits of his victory by some subterfuge devised by the losing party. Final and executory judgments can neither be amended nor altered except for correction of clerical errors, even if the purpose is to correct erroneous conclusions of fact or of law.[39] Trial and execution proceedings constitute one whole action or suit such that a case in which execution has been issued is regarded as still pending so that all proceedings in the execution are proceedings in the suit.[40]

    Furthermore, petitioners did not succeed in overturning the decisions of the NLRC and the Court of Appeals. As well, this Court denied petitioners' petition in G.R. No. 145881.

    Everything considered, what should be enforced thru an order or writ of execution in this case is the dispositive portion of the Labor Arbiter's decision as affirmed by the NLRC, the Court of Appeals and this Court. Since the writ of execution issued by the Labor Arbiter does not vary but is in fact completely consistent with the final decision in this case, the order of execution issued by the Labor Arbiter is beyond challenge.

    It is no longer legally feasible to modify the final ruling in this case through the expediency of a petition questioning the order of execution. This late in the day, petitioner Victor Morales is barred, by the fact of a final judgment, from advancing the argument that his real property cannot be made liable for the monetary award in favor of respondent. For a reason greater than protection from personal liability, petitioner Victor Morales, as president of his corporation, cannot rely on our previous ruling that "to hold a director personally liable for debts of a corporation and thus pierce the veil of corporate fiction, the bad faith or wrongdoing of the director must be established clearly and convincingly."[41] Judgments of courts should attain finality at some point lest there be no end in litigation.[42] The final judgment in this case may no longer be reviewed, or in any way modified directly or indirectly, by a higher court, not even by the Supreme Court.[43] The reason for this is that, a litigation must end and terminate sometime and somewhere, and it is essential to an effective and efficient administration of justice that, once a judgment has become final, the winning party be not deprived of the fruits of the verdict. Courts must guard against any scheme calculated to bring about that result and must frown upon any attempt to prolong controversies.[44]

    WHEREFORE, premises considered, the instant petition is DENIED for lack of merit and the Decision of the Court of Appeals in CA G.R. SP No. 85989 dated 14 July 2005, and the Resolution of the same court dated 16 November 2005 are AFFIRMED. Costs against petitioners.

    SO ORDERED.

    Carpio, (Chairperson), Brion, Del Castillo, and Abad, JJ., concur.

    Endnotes:


    [1] Penned by Associate Justice Marina L. Buzon with Associate Justices Mariano L. Guarina III and Santiago Javier Ranada concurring. Rollo, p. 34.

    [2] Id. at 33.

    [3] Records, Vol. I, p.10

    [4] Id. at 1.

    [5] Rollo, p. 63.

    [6] Records, Vol. I, p. 45.

    [7] Id. at 380.

    [8] Id. at 395.

    [9] Id. at 396.

    [10] Penned by Associate Justice Renato C. Dacudao with Justices Cancio C. Garcia and Bennie Adefuin-De La Cruz concurring; Records, Vol. II, p. 171.

    [11] Records, Vol. I, p. 397.

    [12] Records Vol. II, p. 27.

    [13] Id. at 28.

    [14] Id. at 29.

    [15] Rollo, p. 75.

    [16] Records, Vol. I, p. 418.

    [17] Id. at 449.

    [18] Id. at 508.

    [19] Id. at 578.

    [20] Records, Vol. II, p. 48.

    [21] Id. at 55.

    [22] Id. at 70.

    [23] Id. at 79.

    [24] Id. at 204.

    [25] Id. at 135.

    [26] Id. at 228.

    [27] Records, Vol. I, p. 593.

    [28] Rollo, p. 129.

    [29] Id. at 136.

    [30] Records, Vol. I, last page not numbered.

    [31] Rollo, p. 34.

    [32] Id. at 42.

    [33] Id. at 211.

    [34] Id. at 33.

    [35] Id. at 230.

    [36] Records, Vol. II, p. 27.

    [37] Rule 39. Execution, Satisfaction and Effect of Judgments:

    Section 1. Execution upon judgments or final orders. - Execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected.

    [38] J.D. Legaspi Construction v. National Labor Relations Commission, G.R. No. 143161, 2 October 2002, 390 SCRA 233, 239 citing Manning International Corp. v. National Labor Relations Commission, G.R. No. 83018, 13 March 1991, 195 SCRA 155,161.

    [39] Aboitiz Shipping Employees Association v. Trahano, 348 Phil. 910, 915 (1997).

    [40] Ysmael v. Court of Appeals, 339 Phil. 361, 376 (1997).

    [41] Carag v. National Labor Relations Commission, G.R No. 147590, 2 April 2007, 520 SCRA 28.

    [42] Per Resolution in G.R. No. 144948, entitled "C-E Construction Corp./Ambrosio Salazar v. Raymundo Hernandez."

    [43] C-E Construction Corp. v. National Labor Relations Commission, G.R. No. 180188, 25 March 2009.

    [44] Sacdalan v. Court of Appeals, G.R. No. 128967, 20 May 2004, 428 SCRA 586, 599 cited in Obieta v. Cheok, G.R. No. 170072, 3 September 2009.

    [G.R. No. 170515 : May 06, 2010]   MARMOSY TRADING, INC. AND VICTOR MORALES, PETITIONERS, VS. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, HON. LABOR ARBITER ELIAS H. SALINAS AND JOSELITO HUBILLA, RESPONDENTS.


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