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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
 

 
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April-2011 Jurisprudence                 

  • [G.R. No. 171406, April 04 : 2011] ASIAN TERMINALS, INC., PETITIONER, VS. MALAYAN INSURANCE, CO., INC., RESPONDENT.

  • [G.R. No. 160949, April 04 : 2011] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. PL MANAGEMENT INTERNATIONAL PHILIPPINES, INC., RESPONDENT.

  • [G.R. No. 158362, April 04 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GILBERTO VILLARICO, SR. @ "BERTING", GILBERTO VILLARICO, JR., JERRY RAMENTOS, AND RICKY VILLARICO, ACCUSED-APPELLANTS.

  • [G.R. No. 187534, April 04 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DIMA MONTANIR, RONALD NORVA AND EDUARDO CHUA, ACCUSED-APPELLANTS.

  • [G.R. No. 149193, April 04 : 2011] RICARDO B. BANGAYAN, PETITIONER, VS. RIZAL COMMERCIAL BANKING CORPORATION AND PHILIP SARIA, RESPONDENTS,

  • [G.R. No. 190823, April 04 : 2011] DOMINGO CARABEO, PETITIONER, VS.SPOUSES NORBERTO AND SUSAN DINGCO, RESPONDENTS.

  • [A.M. No. P-11-2922 (formerly A.M. OCA IPI No. 03-1778-P), April 04 : 2011] MARY JANE ABANAG, COMPLAINANT, VS. NICOLAS B. MABUTE, COURT APRIL 4, 2011 STENOGRAPHER I, MUNICIPAL CIRCUIT TRIAL COURT (MCTC), PARANAS, SAMAR, RESPONDENT.

  • [G.R. No. 167022, April 04 : 2011] LICOMCEN INCORPORATED, PETITIONER, VS. FOUNDATION SPECIALISTS, INC., RESPONDENT. [G.R. NO. 169678] FOUNDATION SPECIALISTS, INC., PETITIONER, VS. LICOMCEN INCORPORATED, RESPONDENT.

  • [G.R. No. 171497, April 04 : 2011] MARIA LOURDES TAMANI, CONCEPCION TAMANI, ESTRELLA TAMANI, TERESITA TAMANI, AZUCENA SOLEDAD, DOLORES GUERRERO, CRISTINA TUGADE DAMIETA MANSAANG, MANUEL TAMANI, VALERIANA CASTRO, AURORA SANTIAGO AND ROSARIO CASTILLO, PETITIONERS, VS. ROMAN SALVADOR AND FILOMENA BRAVO, RESPONDENTS.

  • [G. R. No. 164195, April 05 : 2011] APO FRUITS CORPORATION AND HIJO PLANTATION, INC., PETITIONERS, VS. LAND BANK OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 178406, April 06 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RONALDO SALUDO, ACCUSED-APPELLANT.

  • [G.R. No. 189980, April 06 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALBERTO BACUS ALCUIZAR, DEFENDANT-APPELLANT.

  • [G.R. No. 169564, April 06 : 2011] AMES BEN L. JERUSALEM PETITIONER, VS. KEPPEL MONTE BANK, HOE ENG HOCK, SUNNY YAP AND JOSEFINA PICART, RESPONDENTS.

  • [A.M. No. P-10-2791 (formerly A.M. No. 10-3-91-RTC), April 06 : 2011] JUDGE RENATO A. FUENTES, REGIONAL TRIAL COURT, BRANCH 17, DAVAO CITY, COMPLAINANT, VS. ATTY. ROGELIO F. FABRO, BRANCH CLERK OF COURT, SAME COURT, RESPONDENT.

  • [G.R. No. 170166, April 06 : 2011] JOE A. ROS AND ESTRELLA AGUETE, PETITIONERS, VS. PHILIPPINE NATIONAL BANK - LAOAG BRANCH, RESPONDENT.

  • [A.C. No. 7771, April 06 : 2011] PATRICIO GONE, COMPLAINANT, VS. ATTY. MACARIO GA, RESPONDENT.

  • [G.R. No. 188715, April 06 : 2011] RODOLFO N. REGALA, PETITIONER, VS. FEDERICO P. CARIN, RESPONDENT.

  • [G.R. No. 163039, April 06 : 2011] HEIRS OF FRANCISCO RETUYA, FELICITAS R. PINTOR, HEIRS OF EPIFANIA R. SEMBLANTE, NAMELY, PREMILINO SEMBLANTE, LUCIFINA S. TAGALOG, URSULINA S. ALMACEN; HEIRS OF JUAN RETUYA, NAMELY, BALBINA R. RODRIGUEZ, DOLORES R. RELACION, SINFOROSA R. BASUBAS, TEOPISTA R. BASUBAS, FERNANDO RETUYA, BALDOMERO RETUYA, TEOFILO RETUYA, LEONA COLINA, FIDELA R. RAMIREZ, MARTINA R. ALBAÑO, SEVERINA R. CABAHUG; HEIRS OF RAFAELA VILLAMOR; ELIZABETH V. ALESNA; HEIRS OF QUINTIN RETUYA, NAMELY, FELIMON RETUYA, SOFIA RETUYA, RUDOLFA RETUYA AND ELISA RETUYA, PETITIONERS, VS. HONORABLE COURT OF APPEALS, HON. ULRIC CAÑETE AS PRESIDING JUDGE OF REGIONAL TRIAL COURT BRANCH 55, MANDAUE CITY, NICOLAS RETUYA; HEIRS OF EULOGIO RETUYA, NAMELY, MIGUEL RETUYA, RAMON RETUYA, GIL RETUYA, PIO RETUYA, MELANIO RETUYA, NICANOR RETUYA, LEONILA RETUYA, AQUILINA RETUYA, LUTGARDA RETUYA AND PROCOPIO VILLANUEVA, RESPONDENTS.

  • [A.M. No. RTJ-11-2279 (Formerly OCA IPI No. 08-3041-RTJ ), April 06 : 2011] FLORENCE EBERSOLE DEL MAR- SCHUCHMAN, COMPLAINANT, VS. JUDGE EFREN M. CACATIAN, REGIONAL TRIAL COURT, BRANCH 35, SANTIAGO CITY, ISABELA, RESPONDENT.

  • [G.R. No. 156684, April 06 : 2011] SPOUSES ANTONIO AND FE YUSAY, PETITIONERS, VS. COURT OF APPEALS, CITY MAYOR AND CITY COUNCIL OF MANDALUYONG CITY, RESPONDENTS.

  • [G.R. No. 171129, April 06 : 2011] ENRICO SANTOS, PETITIONER, VS. NATIONAL STATISTICS OFFICE, RESPONDENT.

  • [G.R. No. 180173, April 06 : 2011] MICROSOFT PHILIPPINES, INC., PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 182967, April 06 : 2011] PHILIPPINE NATIONAL RAILWAYS, PETITIONER, VS. KANLAON CONSTRUCTION ENTERPRISES CO., INC., RESPONDENT.

  • [G.R. No. 169627, April 06 : 2011] ROSEMARIE SALMA ARAGONCILLO-MOLOK, PETITIONER, VS. SITY AISA BARANGAI MOLOK, RESPONDENT.

  • [G.R. No. 161204, April 06 : 2011] NATIONAL HOUSING AUTHORITY, PETITIONER, VS. HON. VICENTE Q. ROXAS (PRESIDING JUDGE OF REGIONAL TRIAL COURT, QUEZON CITY, BRANCH 227,) REGISTER OF DEEDS OF QUEZON CITY, LAND REGISTRATION AUTHORITY, OFFICE OF THE CITY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND THE COURT OF APPEALS, RESPONDENTS.

  • [G.R. No. 189457, April 07 : 2011] SUNRISE HOLIDAY CONCEPTS, INC., Petitioner, vs. TERESA A. ARUGAY, Respondent.

  • [G.R. No. 186070, April 11 : 2011] CLIENTLOGIC PHILPPINES, INC. (NOW KNOWN AS SITEL), JOSEPH VELASQUEZ, IRENE ROA AND RODNEY SPIRES, PETITIONERS, VS. BENEDICT CASTRO, RESPONDENT.

  • [G.R. No. 191008, April 11 : 2011] QUIRICO LOPEZ, PETITIONER, VS. ALTURAS GROUP OF COMPANIES AND/OR MARLITO UY, RESPONDENTS.

  • [G.R. No. 192188, April 11 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ANDREW ROBLE, ACCUSED-APPELLANT.

  • [G.R. No. 174861, April 11 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. REYNALDO OLESCO Y ANDAYANG,[1] APPELLANT.

  • [G.R. No. 178635, April 11 : 2011] SERVILLANO E. ABAD, PETITIONER, VS. OSCAR C. FARRALES AND DAISY C. FARRALES-VILLAMAYOR, RESPONDENTS. D E C I S I O N

  • [G.R. No. 187872, April 11 : 2011] STRATEGIC ALLIANCE DEVELOPMENT CORPORATION, PETITIONER, VS. STAR INFRASTRUCTURE DEVELOPMENT CORPORATION ET AL., RESPONDENTS.

  • [G.R. No. 154042, April 11 : 2011] JOSE T. TUBOLA, JR., PETITIONER, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 180282, April 11 : 2011] CRISPIN DICHOSO, JR., EVELYN DICHOSO VALDEZ, AND ROSEMARIE DICHOSO PE BENITO, PETITIONERS,vs.PATROCINIO L. MARCOS, RESPONDENT.

  • [G.R. No. 186243, April 11 : 2011] HACIENDA PRIMERA DEVELOPMENT CORPORATION and ANNA KATRINA E. HERNANDEZ, Petitioners, vs. MICHAEL S. VILLEGAS, Respondent.

  • [G.R. No. 179010, April 11 : 2011] ELENITA M. DEWARA, REPRESENTED BY HER ATTORNEY-IN-FACT, FERDINAND MAGALLANES, PETITIONER, VS. SPOUSES RONNIE AND GINA LAMELA AND STENILE ALVERO, RESPONDENTS.

  • [G.R. No. 190660, April 11 : 2011] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. COURT OF APPEALS AND ELIZABETH DIAZ, REPRESENTED BY FRANCISCA P. DE GUZMAN AS ATTORNEY-IN-FACT, RESPONDENTS.

  • [G.R. No. 183575, April 11 : 2011] SPOUSES ROGELIO MARCELO AND MILAGROS MARCELO, PETITIONERS, VS. LBC BANK, RESPONDENT.

  • [A.M. No. P-10-2767 [Formerly AM OCA IPI 08-2905-P], April 12 : 2011] BR> ANTONIO EXEQUIEL A. MOMONGAN, COMPLAINANT, VS. PRIMITIVO A. SUMAYO, CLERK III AND ARIEL A. MOMONGAN, PROCESS SERVER, RESPONDENTS.

  • [A.M. No. P-11-2913 (Formerly OCA I.P.I. No. 08-2810-P), April 12 : 2011] MA. CHEDNA ROMERO, COMPLAINANT, VS. PACIFICO B. VILLAROSA, JR., SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 17, PALOMPON, LEYTE, RESPONDENT.

  • [G.R. No. 193846, April 12 : 2011] MARIA LAARNI L. CAYETANO, PETITIONER, VS. THE COMMISSION ON ELECTIONS AND DANTE O. TINGA, RESPONDENTS.

  • [A.M. OCA IPI No. 10-177-CA-J, April 12 : 2011] RE: COMPLAINT OF CONCERNED MEMBERS OF CHINESE GROCERS ASSOCIATION AGAINST JUSTICE SOCORRO B. INTING OF THE COURT OF APPEALS

  • [G.R. No. 191940, April 12 : 2011] PHILIPPINE CHARITY SWEEPSTAKES OFFICE BOARD OF DIRECTORS AND REYNALDO P. MARTIN, PETITIONERS, VS. MARIE JEAN C. LAPID, RESPONDENT.

  • [G.R. No. 176951, April 12 : 2011] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF BAYBAY, PROVINCE OF LEYTE; MUNICIPALITY OF BOGO, PROVINCE OF CEBU; MUNICIPALITY OF CATBALOGAN, PROVINCE OF WESTERN SAMAR; MUNICIPALITY OF TANDAG, PROVINCE OF SURIGAO DEL SUR; MUNICIPALITY OF BORONGAN, PROVINCE OF EASTERN SAMAR; AND MUNICIPALITY OF TAYABAS, PROVINCE OF QUEZON, RESPONDENTS. [G.R. NO. 177499] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF LAMITAN, PROVINCE OF BASILAN; MUNICIPALITY OF TABUK, PROVINCE OF KALINGA; MUNICIPALITY OF BAYUGAN, PROVINCE OF AGUSAN DEL SUR; MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS NORTE; MUNICIPALITY OF MATI, PROVINCE OF DAVAO ORIENTAL; AND MUNICIPALITY OF GUIHULNGAN, PROVINCE OF NEGROS ORIENTAL, RESPONDENTS. [G.R. NO. 178056] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF CABADBARAN, PROVINCE OF AGUSAN DEL NORTE; MUNICIPALITY OF CARCAR, PROVINCE OF CEBU; MUNICIPALITY OF EL SALVADOR, PROVINCE OF MISAMIS ORIENTAL; MUNICIPALITY OF NAGA, CEBU; AND DEPARTMENT OF BUDGET AND MANAGEMENT, RESPONDENTS.

  • [A. M. No. 08-19-SB-J, April 12 : 2011] ASSISTANT SPECIAL PROSECUTOR III ROHERMIA J. JAMSANI-RODRIGUEZ, COMPLAINANT, VS. JUSTICES GREGORY S. ONG, JOSE R. HERNANDEZ, AND RODOLFO A. PONFERRADA, SANDIGANBAYAN, RESPONDENTS.

  • [G.R. No. 180050, April 12 : 2011] 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, CONGRESSMAN FRANCISCO T. MATUGAS, HON. SOL T. MATUGAS, HON. ARTURO CARLOS A. EGAY, JR., HON. SIMEON VICENTE G. CASTRENCE, HON. MAMERTO D. GALANIDA, HON. MARGARITO M. LONGOS, AND HON. CESAR M. BAGUNDOL, INTERVENORS.

  • [G.R. No. 175831, April 12 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. FLORANTE RELANES ALIAS "DANTE," APPELLANT.

  • [G.R. No. 189479, April 12 : 2011] JEROME JAPSON, PETITIONER, VS. CIVIL SERVICE COMMISSION, RESPONDENT.

  • [A.M. No. RTJ-09-2197 [FORMERLY OCA-I.P.I. NO. 08-3026-RTJ], April 13 : 2011] ANTONINO MONTICALBO, COMPLAINANT, VS. JUDGE CRESCENTE F. MARAYA, JR., REGIONAL TRIAL COURT, BRANCH 11, CALUBIAN, LEYTE, RESPONDENT.

  • [G.R. No. 183984, April 13 : 2011] ARTURO SARTE FLORES, PETITIONER, VS. SPOUSES ENRICO L. LINDO, JR. AND EDNA C. LINDO, RESPONDENTS.

  • [G.R. No. 150898, April 13 : 2011] OCEAN BUILDERS CONSTRUCTION CORP., AND/OR DENNIS HAO, PETITIONERS, VS. SPOUSES ANTONIO AND ANICIA CUBACUB, RESPONDENTS.

  • [G.R. No. 182262, April 13 : 2011] ROMULO B. DELA ROSA, PETITIONER, VS. MICHAELMAR PHILIPPINES, INC., SUBSTITUTED BY OSG SHIPMANAGEMENT MANILA, INC.,* AND/OR MICHAELMAR SHIPPING SERVICES, INC., RESPONDENTS.

  • [G.R. No. 135715, April 13 : 2011] PRESIDENTIAL AD HOC FACT- FINDING COMMITTEE ON BEHEST LOANS, REPRESENTED BY MAGDANGAL B. ELMA, PCGG CHAIRMAN AND ORLANDO C. SALVADOR AS CONSULTANT OF THE TECHNICAL WORKING GROUP OF THE AD-HOC COMMITTEE, PETITIONERS, VS. HONORABLE ANIANO A. DESIERTO AS OMBUDSMAN, PANFILO O. DOMINGO, CONRADO S. REYES, ENRIQUE M. HERBOZA, MOHAMMAD ALI DIMAPORO, ABDULLAH DIMAPORO AND AMER DIANALAN, RESPONDENTS.

  • [G.R. No. 190487, April 13 : 2011] BUREAU OF CUSTOMS, PETITIONER, VS. PETER SHERMAN, MICHAEL WHELAN, TEODORO B. LINGAN, ATTY. OFELIA B. CAJIGAL AND THE COURT OF TAX APPEALS, RESPONDENTS.

  • [G.R. No. 181440, April 13 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AIDA MARQUEZ, ACCUSED-APPELLANT. D E C I S I O N

  • [G.R. No. 170914, April 13 : 2011] STEFAN TITO MIÑOZA PETITIONER, VS. HON. CESAR TOMAS LOPEZ, IN HIS OFFICIAL CAPACITY AS MAYOR AND CHAIR, LOON COCKPIT ARENA BIDDING AND AWARDS COMMITTEE, ITS MEMBERS NAMELY: HERMINIGILDO M. CALIFORNIA, NOEL CASTROJO, JESSE SEVILLA, FORTUNATO GARAY, PERFECTO MANTE, ROGELIO GANADOS, P/INSP. JASEN MAGARAN, SANGGUNIANG BAYAN OF LOON, BOHOL, REPRESENTED BY ITS PRESIDING OFFICER, VICE MAYOR RAUL BARBARONA, AND MARCELO EPE, RESPONDENTS.

  • [G.R. No. 157717, April 13 : 2011] HEIRS OF MAXIMINO DERLA, NAMELY: ZELDA, JUNA, GERALDINE, AIDA, ALMA, ALL SURNAMED DERLA; AND SABINA VDA. DE DERLA, ALL REPRESENTED BY THEIR ATTORNEY-IN-FACT, ZELDA DERLA, PETITIONERS, VS. HEIRS OF CATALINA DERLA VDA. DE HIPOLITO, MAE D. HIPOLITO, ROGER ZAGALES, FRANCISCO DERLA, SR., JOVITO DERLA, EXALTACION POND, AND VINA U. CASAWAY, IN HER CAPACITY AS THE REGISTER OF DEEDS OF TAGUM, DAVAO DEL NORTE, RESPONDENTS.

  • [G.R. No. 189655, April 13 : 2011] AOWA ELECTRONIC PHILIPPINES, INC., PETITIONER, VS. DEPARTMENT OF TRADE AND INDUSTRY, NATIONAL CAPITAL REGION, RESPONDENT.

  • [G.R. No. 183569, April 13 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. VICENTE PUBLICO Y AMODIA, ACCUSED-APPELLANT.

  • [G.R. No. 168922, April 13 : 2011] WILFREDO Y. ANTIQUINA, PETITIONER, VS. MAGSAYSAY MARITIME CORPORATION AND/OR MASTERBULK, PTE., LTD., RESPONDENTS.

  • [G.R. No. 169292, April 13 : 2011] SPOUSES FRANCISCO DE GUZMAN, JR. AND AMPARO O. DE GUZMAN, PETITIONERS, VS. CESAR OCHOA AND SYLVIA A. OCHOA, REPRESENTED BY ARACELI S. AZORES, AS THEIR ATTORNEY-IN-FACT, RESPONDENTS.

  • [G.R. No. 166859 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. SANDIGANBAYAN (FIRST DIVISION), EDUARDO M. COJUANGCO, JR., AGRICULTURAL CONSULTANCY SERVICES, INC., ARCHIPELAGO REALTY CORP., BALETE RANCH, INC., BLACK STALLION RANCH, INC., CHRISTENSEN PLANTATION COMPANY, DISCOVERY REALTY CORP., DREAM PASTURES, INC., ECHO RANCH, INC., FAR EAST RANCH, INC., FILSOV SHIPPING COMPANY, INC., FIRST UNITED TRANSPORT, INC., HABAGAT REALTY DEVELOPMENT, INC., KALAWAKAN RESORTS, INC., KAUNLARAN AGRICULTURAL CORP., LABAYUG AIR TERMINALS, INC., LANDAIR INTERNATIONAL MARKETING CORP., LHL CATTLE CORP., LUCENA OIL FACTORY, INC., MEADOW LARK PLANTATIONS, INC., METROPLEX COMMODITIES, INC., MISTY MOUNTAIN AGRICULTURAL CORP., NORTHEAST CONTRACT TRADERS, INC., NORTHERN CARRIERS CORP., OCEANSIDE MARITIME ENTERPRISES, INC., ORO VERDE SERVICES, INC., PASTORAL FARMS, INC., PCY OIL MANUFACTURING CORP., PHILIPPINE TECHNOLOGIES, INC., PRIMAVERA FARMS, INC., PUNONG-BAYAN HOUSING DEVELOPMENT CORP., PURA ELECTRIC COMPANY, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., RADYO PILIPINO CORP., RANCHO GRANDE, INC., REDDEE DEVELOPERS, INC., SAN ESTEBAN DEVELOPMENT CORP., SILVER LEAF PLANTATIONS, INC., SOUTHERN SERVICE TRADERS, INC., SOUTHERN STAR CATTLE CORP., SPADE ONE RESORTS CORP., UNEXPLORED LAND DEVELOPERS, INC., VERDANT PLANTATIONS, INC., VESTA AGRICULTURAL CORP. AND WINGS RESORTS CORP., RESPONDENTS. [G.R. NO. 169203 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. SANDIGANBAYAN (FIRST DIVISION), EDUARDO M. COJUANGCO, JR., MEADOW LARK PLANTATIONS, INC., SILVER LEAF PLANTATIONS, INC., PRIMAVERA FARMS, INC., PASTORAL FARMS, INC., BLACK STALLION RANCH, INC., MISTY MOUNTAINS AGRICULTURAL CORP., ARCHIPELAGO REALTY CORP., AGRICULTURAL CONSULTANCY SERVICES, INC., SOUTHERN STAR CATTLE CORP., LHL CATTLE CORP., RANCHO GRANDE, INC., DREAM PASTURES, INC., FAR EAST RANCH, INC., ECHO RANCH, INC., LAND AIR INTERNATIONAL MARKETING CORP., REDDEE DEVELOPERS, INC., PCY OIL MANUFACTURING CORP., LUCENA OIL FACTORY, INC., METROPLEX COMMODITIES, INC., VESTA AGRICULTURAL CORP., VERDANT PLANTATIONS, INC., KAUNLARAN AGRICULTURAL CORP., ECJ & SONS AGRICULTURAL ENTERPRISES, INC., RADYO PILIPINO CORP., DISCOVERY REALTY CORP., FIRST UNITED TRANSPORT, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., ARCHIPELAGO FINANCE AND LEASING CORP., SAN ESTEBAN DEVELOPMENT CORP., CHRISTENSEN PLANTATION COMPANY, NORTHERN CARRIERS CORP., VENTURE SECURITIES, INC., BALETE RANCH, INC., ORO VERDE SERVICES, INC., AND KALAWAKAN RESORTS, INC., RESPONDENTS. [G.R. NO. 180702 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. EDUARDO M. COJUANGCO, JR., FERDINAND E. MARCOS, IMELDA R. MARCOS, EDGARDO J. ANGARA,* JOSE C. CONCEPCION, AVELINO V. CRUZ, EDUARDO U. ESCUETA, PARAJA G. HAYUDINI, JUAN PONCE ENRILE, TEODORO D. REGALA, DANILO URSUA, ROGELIO A. VINLUAN, AGRICULTURAL CONSULTANCY SERVICES, INC., ANGLO VENTURES, INC., ARCHIPELAGO REALTY CORP., AP HOLDINGS, INC., ARC INVESTMENT, INC., ASC INVESTMENT, INC., AUTONOMOUS DEVELOPMENT CORP., BALETE RANCH, INC., BLACK STALLION RANCH, INC., CAGAYAN DE ORO OIL COMPANY, INC., CHRISTENSEN PLANTATION COMPANY, COCOA INVESTORS, INC., DAVAO AGRICULTURAL AVIATION, INC., DISCOVERY REALTY CORP., DREAM PASTURES, INC., ECHO RANCH, INC., ECJ & SONS AGRI. ENT., INC., FAR EAST RANCH, INC., FILSOV SHIPPING COMPANY, INC., FIRST MERIDIAN DEVELOPMENT, INC., FIRST UNITED TRANSPORT, INC., GRANEXPORT MANUFACTURING CORP., HABAGAT REALTY DEVELOPMENT, INC., HYCO AGRICULTURAL, INC., ILIGAN COCONUT INDUSTRIES, INC., KALAWAKAN RESORTS, INC., KAUNLARAN AGRICULTURAL CORP., LABAYOG AIR TERMINALS, INC., LANDAIR INTERNATIONAL MARKETING CORP., LEGASPI OIL COMPANY, LHL CATTLE CORP., LUCENA OIL FACTORY, INC., MEADOW LARK PLANTATIONS, INC., METROPLEX COMMODITIES, INC., MISTY MOUNTAIN AGRICULTURAL CORP., NORTHEAST CONTRACT TRADERS, INC., NORTHERN CARRIERS CORP., OCEANSIDE MARITIME ENTERPRISES, INC., ORO VERDE SERVICES, INC., PASTORAL FARMS, INC., PCY OIL MANUFACTURING CORP., PHILIPPINE RADIO CORP., INC., PHILIPPINE TECHNOLOGIES, INC., PRIMAVERA FARMS, INC., PUNONG-BAYAN HOUSING DEVELOPMENT CORP., PURA ELECTRIC COMPANY, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., RADYO PILIPINO CORP., RANCHO GRANDE, INC., RANDY ALLIED VENTURES, INC., REDDEE DEVELOPERS, INC., ROCKSTEEL RESOURCES, INC., ROXAS SHARES, INC., SAN ESTEBAN DEVELOPMENT CORP., SAN MIGUEL CORPORATION OFFICERS, INC., SAN PABLO MANUFACTURING CORP., SOUTHERN LUZON OIL MILLS, INC., SILVER LEAF PLANTATIONS, INC., SORIANO SHARES, INC., SOUTHERN SERVICE TRADERS, INC., SOUTHERN STAR CATTLE CORP., SPADE 1 RESORTS CORP., TAGUM AGRICULTURAL DEVELOPMENT CORP., TEDEUM RESOURCES, INC., THILAGRO EDIBLE OIL MILLS, INC., TODA HOLDINGS, INC., UNEXPLORED LAND DEVELOPERS, INC., VALHALLA PROPERTIES, INC., VENTURES SECURITIES, INC., VERDANT PLANTATIONS, INC., VESTA AGRICULTURAL CORP. AND WINGS RESORTS CORP., RESPONDENTS. JOVITO R. SALONGA, WIGBERTO E. TAÑADA, OSCAR F. SANTOS, VIRGILIO M. DAVID, ROMEO C. ROYANDAYAN FOR HIMSELF AND FOR SURIGAO DEL SUR FEDERATION OF AGRICULTURAL COOPERATIVES (SUFAC), MORO FARMERS ASSOCIATION OF ZAMBOANGA DEL SUR (MOFAZS) AND COCONUT FARMERS OF SOUTHERN LEYTE COOPERATIVE (COFA-SL); PHILIPPINE RURAL RECONSTRUCTION MOVEMENT (PRRM), REPRESENTED BY CONRADO S. NAVARRO; COCONUT INDUSTRY REFORM MOVEMENT, INC. (COIR) REPRESENTED BY JOSE MARIE T. FAUSTINO; VICENTE FABE FOR HIMSELF AND FOR PAMBANSANG KILUSAN NG MGA SAMAHAN NG MAGSASAKA (PAKISAMA); NONITO CLEMENTE FOR HIMSELF AND FOR THE NAGKAKAISANG UGNAYAN NG MGA MALILIIT NA MAGSASAKA AT MANGGAGAWA SA NIYUGAN (NIUGAN); DIONELO M. SUANTE, SR. FOR HIMSELF AND FOR KALIPUNAN NG MALILIIT NA MAGNINIYOG NG PILIPINAS (KAMMPIL), INC., PETITIONERS-INTERVENORS.

  • [G.R. NO. 169203 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. SANDIGANBAYAN (FIRST DIVISION), EDUARDO M. COJUANGCO, JR., MEADOW LARK PLANTATIONS, INC., SILVER LEAF PLANTATIONS, INC., PRIMAVERA FARMS, INC., PASTORAL FARMS, INC., BLACK STALLION RANCH, INC., MISTY MOUNTAINS AGRICULTURAL CORP., ARCHIPELAGO REALTY CORP., AGRICULTURAL CONSULTANCY SERVICES, INC., SOUTHERN STAR CATTLE CORP., LHL CATTLE CORP., RANCHO GRANDE, INC., DREAM PASTURES, INC., FAR EAST RANCH, INC., ECHO RANCH, INC., LAND AIR INTERNATIONAL MARKETING CORP., REDDEE DEVELOPERS, INC., PCY OIL MANUFACTURING CORP., LUCENA OIL FACTORY, INC., METROPLEX COMMODITIES, INC., VESTA AGRICULTURAL CORP., VERDANT PLANTATIONS, INC., KAUNLARAN AGRICULTURAL CORP., ECJ & SONS AGRICULTURAL ENTERPRISES, INC., RADYO PILIPINO CORP., DISCOVERY REALTY CORP., FIRST UNITED TRANSPORT, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., ARCHIPELAGO FINANCE AND LEASING CORP., SAN ESTEBAN DEVELOPMENT CORP., CHRISTENSEN PLANTATION COMPANY, NORTHERN CARRIERS CORP., VENTURE SECURITIES, INC., BALETE RANCH, INC., ORO VERDE SERVICES, INC., AND KALAWAKAN RESORTS, INC., RESPONDENTS.

  • [G.R. NO. 180702 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. EDUARDO M. COJUANGCO, JR., FERDINAND E. MARCOS, IMELDA R. MARCOS, EDGARDO J. ANGARA,* JOSE C. CONCEPCION, AVELINO V. CRUZ, EDUARDO U. ESCUETA, PARAJA G. HAYUDINI, JUAN PONCE ENRILE, TEODORO D. REGALA, DANILO URSUA, ROGELIO A. VINLUAN, AGRICULTURAL CONSULTANCY SERVICES, INC., ANGLO VENTURES, INC., ARCHIPELAGO REALTY CORP., AP HOLDINGS, INC., ARC INVESTMENT, INC., ASC INVESTMENT, INC., AUTONOMOUS DEVELOPMENT CORP., BALETE RANCH, INC., BLACK STALLION RANCH, INC., CAGAYAN DE ORO OIL COMPANY, INC., CHRISTENSEN PLANTATION COMPANY, COCOA INVESTORS, INC., DAVAO AGRICULTURAL AVIATION, INC., DISCOVERY REALTY CORP., DREAM PASTURES, INC., ECHO RANCH, INC., ECJ & SONS AGRI. ENT., INC., FAR EAST RANCH, INC., FILSOV SHIPPING COMPANY, INC., FIRST MERIDIAN DEVELOPMENT, INC., FIRST UNITED TRANSPORT, INC., GRANEXPORT MANUFACTURING CORP., HABAGAT REALTY DEVELOPMENT, INC., HYCO AGRICULTURAL, INC., ILIGAN COCONUT INDUSTRIES, INC., KALAWAKAN RESORTS, INC., KAUNLARAN AGRICULTURAL CORP., LABAYOG AIR TERMINALS, INC., LANDAIR INTERNATIONAL MARKETING CORP., LEGASPI OIL COMPANY, LHL CATTLE CORP., LUCENA OIL FACTORY, INC., MEADOW LARK PLANTATIONS, INC., METROPLEX COMMODITIES, INC., MISTY MOUNTAIN AGRICULTURAL CORP., NORTHEAST CONTRACT TRADERS, INC., NORTHERN CARRIERS CORP., OCEANSIDE MARITIME ENTERPRISES, INC., ORO VERDE SERVICES, INC., PASTORAL FARMS, INC., PCY OIL MANUFACTURING CORP., PHILIPPINE RADIO CORP., INC., PHILIPPINE TECHNOLOGIES, INC., PRIMAVERA FARMS, INC., PUNONG-BAYAN HOUSING DEVELOPMENT CORP., PURA ELECTRIC COMPANY, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., RADYO PILIPINO CORP., RANCHO GRANDE, INC., RANDY ALLIED VENTURES, INC., REDDEE DEVELOPERS, INC., ROCKSTEEL RESOURCES, INC., ROXAS SHARES, INC., SAN ESTEBAN DEVELOPMENT CORP., SAN MIGUEL CORPORATION OFFICERS, INC., SAN PABLO MANUFACTURING CORP., SOUTHERN LUZON OIL MILLS, INC., SILVER LEAF PLANTATIONS, INC., SORIANO SHARES, INC., SOUTHERN SERVICE TRADERS, INC., SOUTHERN STAR CATTLE CORP., SPADE 1 RESORTS CORP., TAGUM AGRICULTURAL DEVELOPMENT CORP., TEDEUM RESOURCES, INC., THILAGRO EDIBLE OIL MILLS, INC., TODA HOLDINGS, INC., UNEXPLORED LAND DEVELOPERS, INC., VALHALLA PROPERTIES, INC., VENTURES SECURITIES, INC., VERDANT PLANTATIONS, INC., VESTA AGRICULTURAL CORP. AND WINGS RESORTS CORP., RESPONDENTS. JOVITO R. SALONGA, WIGBERTO E. TAADA, OSCAR F. SANTOS, VIRGILIO M. DAVID, ROMEO C. ROYANDAYAN FOR HIMSELF AND FOR SURIGAO DEL SUR FEDERATION OF AGRICULTURAL COOPERATIVES (SUFAC), MORO FARMERS ASSOCIATION OF ZAMBOANGA DEL SUR (MOFAZS) AND COCONUT FARMERS OF SOUTHERN LEYTE COOPERATIVE (COFA-SL); PHILIPPINE RURAL RECONSTRUCTION MOVEMENT (PRRM), REPRESENTED BY CONRADO S. NAVARRO; COCONUT INDUSTRY REFORM MOVEMENT, INC. (COIR) REPRESENTED BY JOSE MARIE T. FAUSTINO; VICENTE FABE FOR HIMSELF AND FOR PAMBANSANG KILUSAN NG MGA SAMAHAN NG MAGSASAKA (PAKISAMA); NONITO CLEMENTE FOR HIMSELF AND FOR THE NAGKAKAISANG UGNAYAN NG MGA MALILIIT NA MAGSASAKA AT MANGGAGAWA SA NIYUGAN (NIUGAN); DIONELO M. SUANTE, SR. FOR HIMSELF AND FOR KALIPUNAN NG MALILIIT NA MAGNINIYOG NG PILIPINAS (KAMMPIL), INC., PETITIONERS-INTERVENORS.

  • [G.R. No. 171542 : April 6, 2011] ANGELITO P. MAGNO, Petitioner, v. PEOPLE OF THE PHILIPPINES , MICHAEL MONSOD, ESTHER LUZ MAE GREGORIO, GIAN CARLO CAJOLES, NENETTE CASTILLON, DONATO ENABE and ALFIE FERNANDEZ, Respondents.

  •  





     
     

    [G.R. No. 191940, April 12 : 2011]   PHILIPPINE CHARITY SWEEPSTAKES OFFICE BOARD OF DIRECTORS AND REYNALDO P. MARTIN, PETITIONERS, VS. MARIE JEAN C. LAPID, RESPONDENT.

     
    EN BANC

    [G.R. No. 191940, April 12 : 2011]

    PHILIPPINE CHARITY SWEEPSTAKES OFFICE BOARD OF DIRECTORS AND REYNALDO P. MARTIN, PETITIONERS, VS. MARIE JEAN C. LAPID, RESPONDENT.

    D E C I S I O N


    MENDOZA, J.:

    This is a petition for review under Rule 45 of the Rules of Court filed by petitioners Philippine Charity Sweepstakes Office Board of Directors (PCSO) and Reynaldo P. Martin against respondent Marie Jean C. Lapid (Lapid). The petition challenges: (1) the November 18, 2009 Decision[1] of the Court of Appeals (CA) granting the petition and ordering the reinstatement and retention of the respondent in the service until the expiration of her casual employment, unless she had been earlier dismissed for cause in another case; and (2) the April 13, 2010 Resolution[2] denying the Motion for Reconsideration of petitioners.

    THE FACTUAL ANTECEDENTS

    (as recited by the Civil Service Commission and adopted by the CA):

    Marie Jean C. Lapid [`Lapid'], Casual Clerk (Teller), Philippine Charity Sweepstakes Office (PCSO), Bataan Provincial District Office, Balanga, Bataan, appeals the Decision of the PCSO, embodied in Board Resolution No. 340, Series of 2005, dated October 12, 2005, through the PCSO Board of Directors, which found her guilty of Discourtesy in the Course of Official Duties and Grave Misconduct and imposed on her the penalty of Dismissal from the Service.

    The appealed Decision reads, in part, as follows:

    RESOLVED, that the Board of Directors confirms, as it hereby confirms, the recommendation of the Assistant General Managers for On Line Lottery and Administration, and OIC Manager for Northern and Central Luzon, On Line Lottery Sector, the termination of Marie Jean Lapid, as Casual-Teller assigned at the Bataan Provincial District Office for Discourtesy in the Course of Official Duties and Grave Misconduct effective immediately subject to compliance with applicable Civil Service rules and regulations.

    x x x  x x x  x x x
    Records show that the present case is rooted on the Sworn Statement executed by Mr. Lolito O. Guemo, Chief Lottery Operations Officer, Philippine Charity Sweepstakes Office (PCSO) Bataan Provincial District on June 23, 2005.  Said Sworn Statement documented an incident which allegedly occurred on June 17, 2005, wherein respondent-appellant Marie Jean C. Lapid, Casual Clerk (Acting Teller), confronted, badmouthed and shouted invectives at Mr. Guemo, in the presence of other employees and patients seeking assistance from the PCSO-Bataan Provincial District Office. The same document also included the filing of an administrative complaint against appellant, which read, as follows:

    `8. That in view of the foregoing, I am filing an administrative charge against Ms. Marie Jean C. Lapid, designated Casual Teller for violation of civil service rules and regulations for Misconduct; Discourtesy of official function (sic);'

    Guemo's declaration in his sworn statement was also documented in the Memorandum sent by the former to Josefina Sarsonas, then OIC Manager of the PCSO Northern and Central Luzon Department, dated June 20, 2005.  The said Memorandum informed Sarsonas of the incident which occurred in the PCSO-Bataan Provincial District Office on June 17, 2005.  Pertinent portions of Guemo's Incident Report, are as follows:

    `The facts of the case are as follows:  Ms. Jean Lapid was heard crying for unknown reason. Minutes later, she confronted me at the table of Mr. Manuel Arazas, SLOO Accountant while we are discussing about the report to be submitted to the Commission on (sic) Audit.  `I asked Ms. Lapid if she had a problem.'  Right then and there, she shouted at me with patients around who were seeking medical assistance.  I told her to please calm down and asked her to discuss her problem in front of my table.  I tried to give her a seat but she remained standing and again shouting at me and saying something like these (sic), `Tawagin ninyo na ako sir na bastos wala akong pakialam at talagang bastos ako at magkakabastusan na tayo dito. Inaamin ko na ako ay bastos.'  Pero mas bastos ka sa akin dahil tinanggalan ninyo ako ng telepono at iniusog ninyo ang mga lotto supplies malapit sa teller booth para si Tracy Anne ay hindi makagtrabaho (sic) doon.  Pinapagamit ninyo sa kanya ang maliit na office table na ayaw naman niya. Then she continued saying with high tone without due respect to the undersigned and shouting bastos ka, bastos ka, while she was finger pointing at me.'

    The foregoing incident report was also signed by six (6) employees of the PCSO-Bataan Provincial District Office, as witnesses.  The information contained in the Incident Report and Sworn Statement of Guemo was also echoed in the incident report of Security Guard Jayson M. Enriquez, who was assigned to the PCSO-Bataan Provincial District Office at the time of the incident.

    On June 20, 2005, Guemo sent a Memorandum to respondent-appellant Lapid, requiring her to explain in writing within seventy two (72) hours why no administrative charges should be filed against her as a result of the June 17, 2005 incident.  Lapid was also furnished with a copy of the incident report.  On June 24, 2005, respondent-appellant submitted her reply to Guemo's June 20, 2005 Memorandum.  In respondent-appellant's reply she denied the events, as stated in Guemo's incident report, and gave her own version of the incident.  Lapid also alluded to the filing of a case against Guemo with this Commission for harassment, insulting behavior, discourtesy and oppression.

    The PCSO Legal Department, through Investigating Officer Atty. Victor M. Manlapaz, sent a Memorandum to Lapid on June 27, 2005, asking the latter to respond to the Affidavit-Complaint of Guemo.  Respondent-appellant submitted her `Answer, with Comment and Motion and Motion to Dismiss' on July 19, 2005. In her Answer, Lapid stated that Guemo's complaint against her must be dismissed on the ground that the said complaint does not conform to the essential requisites prescribed by Section 8 of the Uniform Rules in Administrative Cases in the Civil Service. She also asserted that the administrative offense of `Discourtesy of Official Function' does not exist under Civil Service Rules.  Complainant Guemo filed his reply to the Answer of respondent-appellant on July 29, 2005.

    On August 11, 2005, the Legal Department of the PCSO submitted its recommendation to the PCSO General Manager and Board of Directors for the issuance of the Formal Charge against respondent-appellant for Discourtesy in the Course of Official Duties and Grave Misconduct. x x x.

    x x x  x x x  x x x

    The PCSO also submitted a copy of the Resolution of the Legal Department signed by Atty. Victor M. Manlapaz, Investigating Officer, on the issuance of the Formal Charge, as well as an unsigned copy of the Formal Charge, with PCSO General Manager Rosario Uriarte as signatory. Both documents are dated August 11, 2005.

    On August 31, 2005, Guemo, again, sent a Memorandum to Sarsonas, to report an incident which occurred on August 31, 2005 involving respondent-appellant.  In the Incident Report, Guemo stated that on said date, between 4:10 to 4:20 in the afternoon, respondent-appellant, for no apparent reason or provocation, painted over her name, the name of Tracy Anne Ventura and that of Rolando S. Manlapid in the Organizational Chart of the PCSO-Bataan Provincial District Office. During the said incident, respondent-appellant shouted within the hearing of those present that Guemo ordered her to paint over the name of Manlapid.  She also shouted threats and invectives against Guemo.  Another incident involving respondent-appellant took place on October 6, 2005, where the latter caused a scene in the office.  The incident was again witnessed by her co-employees and some of them also signed as witnesses in the Incident Report that Guemo wrote to PCSO General Manager Rosario C. Uriarte.

    In Resolution No. 340, Series of 2005 dated October 12, 2005, the PCSO Board of Directors resolved to confirm the recommendation to terminate the services of Marie Jean Lapid due to Discourtesy in the Course of Official Duties and Grave Misconduct. Respondent-appellant received her Notice of Termination from Reynaldo P. Martin, OIC-Regional Operations Manager of the PCSO on October 17, 2005 with a copy of the PCSO Board Resolution which contained the board decision to terminate her services.  Respondent-appellant moved for reconsideration of the said decision of the PCSO Board on October 20, 2005.  The same was denied on January 6, 2006.[3]

    Lapid appealed to the Civil Service Commission (CSC). The CSC, in its Resolution No. 070396 dated March 6, 2007, [4] dismissed respondent's appeal. Thus:

    Records clearly show that respondent-appellant was never formally charged for the administrative offense of Discourtesy in the Course of Official Duties and Grave Misconduct, for which she was dismissed from service. PCSO's vain attempt to remedy their lapse with the submission of the copy of the unsigned Formal Charge with their Comment must be censured. However, PCSO's failure to observe due process is irrelevant in this present case and the real issue for the Commission's determination is the termination of Lapid's casual employment.

    Based on the status of Lapid's employment [as] a casual employee, this Commission finds this present appeal moot and academic and all proceedings conducted pursuant to the aforementioned incidents, bereft of any legal effects.

    The Revised Omnibus Rules on Appointments and Other Personnel Actions which is implemented in CSC Memorandum Circular No., 40 (sic), s. 1998 provides a definition of a casual employment in Rule III, Section 2(f), to wit:

    `f. Casual - issued only for essential and necessary services where there are not enough regular staff to meet the demands of the service.'

    Further, the fact that Lapid was employed by the PCSO as a casual employee, means that she does not enjoy security of tenure. Lapid's services are terminable anytime, there being no need to show cause. Lapid's allegations that there is no substantial evidence to sustain the finding of her guilt for Grave Misconduct and her dismissal from the service is irrelevant in the present case as she is a casual employee, without any security of tenure. Hence, she may be separated from service at any time (Erasmo vs. Home Insurance and Guaranty Corporation, 38 SCRA 122).

    This Commission, in RODRIGO, Filma A., CSC Resolution No. 011947 dated September 10, 2001, cited in LECCIO, Nemia E., CSC Resolution No. 030858 dated August 8, 2003, ruled as follows:

    `The fact that she was in the employ of the municipal government as a casual employee, which she admitted in her appeal, means that she enjoys no tenurial security granted by the Constitution. Her services are terminable anytime, there being no need to show cause. Her invocation of alleged political motivation or color underlying her ouster cannot afford her any relief for the same does not alter the fact that hers was a casual employment, devoid of security of tenure.'

    x x x  x x x  x x x

    WHEREFORE, the present administrative case against Marie Jean C. Lapid is hereby declared MOOT AND ACADEMIC. The appeal is hereby DISMISSED for lack of merit. [Emphases Supplied]

    Respondent Lapid moved for a reconsideration. Her motion was, however, denied by the CSC in its Resolution No. 071401 dated July 24, 2007.[5]  

    Aggrieved, Lapid filed a petition for review (under Rule 43) before the CA presenting the sole issue of:

    WHETHER OR NOT THE CIVIL SERVICE COMMISSION IS CORRECT IN RULING INSTEAD ON THE STATUS OF THE APPELLANT'S CASUAL EMPLOYMENT AND NOT ON THE ISSUE OF NON-OBSERVANCE OF DUE PROCESS IN THE TERMINATION OF APPELLANT'S SERVICES. [6]

    Lapid claimed that the CSC erred in denying her appeal on the ground that she was a casual employee who was "without any security of tenure x x x and may be separated from service at any time." She argued that the CSC should have decided her appeal on the merits and resolved the issue of whether or not her termination from service was executed with due process. She further averred that "No officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process."[7]

    The CA agreed with Lapid. The CA ruled that while it was previously held that casual employees were not protected by security of tenure as they may be removed from the service with or without cause, a recent case decided by the Court held otherwise. In the said case, entitled, Re: Vehicular Accident involving SC Shuttle Bus No. 3 with Plate No. SEG-357 driven by Gerry B. Moral, Driver II-Casual,[8] the Court ruled that since there was no evidence supporting the charge against the respondent therein, it could not sustain his recommended dismissal on the mere ground that he was a casual employee, "for `even a casual or temporary employee enjoys security of tenure and cannot be dismissed except for cause enumerated in Sec. 22, Rule XIV of the Omnibus Civil Service Rules and Regulations and other pertinent laws.'"[9] Absent, therefore, a proven cause to dismiss, the CA held that Lapid was dismissed without cause as contemplated in law.

    Regarding the question of "due process," Lapid argued that she was denied her right thereto because the charges against her were not duly proven. The supposed Formal Charge was unsigned and, worse, it was not served on her. No formal investigation was ever conducted on her case.[10]

    The CA again ruled for Lapid and held that she was denied due process. The dispositive portion of the CA Decision reads:

    WHEREFORE, premises considered, the instant petition is GRANTED. Petitioner is ordered REINSTATED and RETAINED in the service until the expiration of her casual employment, unless she has been earlier dismissed for cause in another case.

    SO ORDERED.[11]

    Not in conformity, petitioners now seek relief from this Court via this petition anchored on the sole ground that:

    THE COURT OF APPEALS GRAVELY ERRED IN GRANTING RESPONDENT'S PETITION, IN EFFECT, REVERSING THE CIVIL SERVICE COMMISSION'S RESOLUTIONS.[12]

    Preliminarily, there is a need to ascertain the meaning and essence of the term "casual employee." As stated in Rule III, Section 2(f) of the Omnibus Rules on Appointments and Other Personnel Actions:

    "f. Casual - issued only for essential and necessary services where there are not enough regular staff to meet the demands of the service."

    Notably, the Plantilla of Casual Appointment appears and reads as follows:

    CSC Form No. 001
    (Revised 1991)

    Republic of the Philippines
    ____________________________
    _____________________

    PLANTILLA OF CASUAL APPOINTMENT

                                                                             Source of Funds:_________________
    Department/Division: _________                   Date Prepared by HRMO: ___________
                           
       
    Name of Appointee/s
       
    Position
       
    Level
       
    SG
       
    Daily Wage
       
    Period of Employment   
    If Renewal (indicate dates
      of previous
      employment)
       
    From
       
    To
     













     

     

     

     

     

     

        



    The abovenamed personnel are hereby hired/appointed as casuals at the rate of compensation stated opposite their/his name(s) for the period indicated.  It is understood  that such employment will cease automatically at the end of the period stated unless renewed.  Any or all of them may be laid-off any time before the expiration of the employment period when their services are no longer needed or funds are no longer available or the project has already been completed/finished or their performance are below par.

    ________________________________________________________________________

    CERTIFICATION                                                                               CSC ACTION:

    This is to certify that all requirement and supporting                             _______ Approved

    papers pursuant to CSC MC No. 40, s. 1998, as amended,                   _______ Disapproved

    have been complied with, reviewed and found in order.

    _____________________
    HRMO

    APPOINTING AUTHORITY:

    ______________________                                               ____________________
    Name/Position                                                                      Head CSC Field Officer

    ______________________                                                ____________________
    Date                                                                                                 Date Signed
                                                                                                      [Emphasis Supplied]
    Thus, by the nature of their employment, casual employees were deemed to be not covered by the security of tenure protection as they could be removed from the service at anytime, with or without cause. Then came the recent case of Moral,[13] which was the basis of the CA Decision where the Court resolved the issue of whether or not a shuttle bus driver could be terminated from his casual employment without cause. Pertinent portions of the said en banc Resolution reads:

    Article IX (B) of the Constitution

    Sec. 2. x x x

    (3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law. x x x

    (6) Temporary employees of the Government shall be given such protection as may be provided by law.

    The Civil Service Law

    Sec. 46. Discipline: General Provisions. - (a)  No officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law after due process.

    Further, Civil Aeronautics Administration v. IAC held that "the mantle of protection against arbitrary dismissals is accorded to an employee even if he is a non-eligible and holds a temporary appointment."

    Hence, a government employee holding a casual or temporary employment cannot be terminated within the period of his employment except for cause. [Emphases supplied]

    The Court further stated in Moral that since there was no evidence supporting the charge of gross neglect of duty on the part of respondent, the recommendation of the Office of Administrative Services (OAS) for his dismissal on the ground that he was a mere casual employee could not be sustained. The Court wrote that:

    "x x x. Even a casual or temporary employee enjoys security of tenure and cannot be dismissed except for cause enumerated in Sec. 22, Rule XIV of the Omnibus Civil Service Rules and Regulations and other pertinent laws." [Emphasis Supplied]

    Despite this new ruling on casual employees, it is not the intention of the Court to make the status of a casual employee at par with that of a regular employee, who enjoys permanence of employment.[14] The rule is still that casual employment will cease automatically at the end of the period unless renewed as stated in the Plantilla of Casual Employment. Casual employees may also be terminated anytime though subject to certain conditions or qualifications with reference to the abovequoted CSC Form No. 001. Thus, they may be laid-off anytime before the expiration of the employment period provided any of the following occurs: (1) when their services are no longer needed; (2) funds are no longer available; (3) the project has already been completed/finished; or (4) their performance are below par.

    Equally important, they are entitled to due process especially if they are to be removed for more serious causes or for causes other than the reasons mentioned in CSC Form No. 001.  This is pursuant to Section 2, Article IX(B) of the Constitution and Section 46 of the Civil Service Law.  The reason for this is that their termination from the service could carry a penalty affecting their rights and future employment in the government.

    In the case at bench, the action of petitioners clearly violated Lapid's basic rights as a casual employee. As pointed out by the CSC itself, Lapid was NEVER formally charged with the administrative offenses of Discourtesy in the Course of Official Duties and Grave Misconduct. According to the CSC, the Formal Charge, was even unsigned, and it categorically stated that PCSO failed to observe due process.[15]

    Lapid moved for the reconsideration of Resolution No. 340.[16] In Resolution No. 401, Series of 2005,[17] the Board of Directors of PCSO, upon the recommendation of the Assistant General Manager for Online Lottery Sector and the Manager of the Northern and Central Luzon, denied said motion for reconsideration. It was only in the said resolution that it was belatedly stated that her services was no longer needed per the list of Plantilla of Casual Appointment. This was an empty statement, however, as this was not substantiated.

    Section 3(2), Article XIII of the Constitution guarantees the rights of all workers not just in terms of self-organization, collective bargaining, peaceful concerted activities, the right to strike with qualifications, humane conditions of work, and a living wage but also to security of tenure. Likewise, Section 2(3), Article IX-B of the Constitution provides that "no officer or employee of the civil service shall be removed or suspended except for cause provided by law."[18]Apparently, the Civil Service Law echoes this constitutional edict of security of tenure of the employees in the civil service. Thus, Section 46 (a) of the Civil Service Law provides that "no officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law after due process."[19] [Emphases supplied]

    As earlier stated, the CSC itself found that Lapid was denied due process as she was never formally charged with the administrative offenses of Discourtesy in the Course of Official Duties and Grave Misconduct, for which she was dismissed from the service. To somehow remedy the situation, the petitioners mentioned in their Memorandum before the CA that there was no reason anymore to pursue the administrative charge against Lapid and to investigate further as this was superseded by Memorandum dated September 14, 2005 recommending the termination of respondent Lapid's casual employment. They pointed out that this was precisely the reason why no Formal Charge was issued.

    The September 14, 2005 Memorandum, however, was not an action independent of the administrative case which dispensed with the filing of a Formal Charge. The CA even quoted pertinent portions of the said Memorandum. Thus:

    Subject: Termination of Services of Ms. Marie Jean C. Lapid

    This is with reference to the two (2) complaints for multiple acts of Grave Misconduct and Discourtesy in the Course of official Duty filed by Mr. Lolito O. Guemo, CLOO, Bataan PDO against Ms. Marie Jean C. Lapid, casual employee of PDO Bataan.

    1.) The 1st complaint was the subject of Memorandum dated August 11, 2005 of Legal Department recommending the filing of Formal Charge against subject employee for Discourtesy in the Course of Duties and Grave Misconduct committed on June 17, 2005. The Memo was forwarded to your office [on] August 18, 2005; and

    2.) The 2nd complaint dated August 31, 2005 for Grave Misconduct and Discourtesy in the Course of official duties was filed against the same employee by the CLOO of Bataan PDO for disciplinary action.

    As an immediate disciplinary action for her wanton behavior in the performance of duties and obligations which constitute violation of office and civil service rules, we respectfully recommend that her services as casual employee be terminated.[20]

    WHEREFORE, the petition is DENIED.  Accordingly, respondent Marie Jean C. Lapid is hereby allowed to continue rendering services as Casual Clerk (Teller) of the PCSO, Bataan Provincial District Office, Balanga City, Bataan, until the end of the term of her temporary employment unless she is earlier dismissed for cause in another case and after due process.  She is also entitled to payment of backwages from the date of dismissal until the date of actual reinstatement.  However, if the term of her employment has already expired, backwages shall be computed from the date of dismissal until the end of her period of employment under the terms of her contract as a casual employee.

    SO ORDERED.

    Corona, C.J., Carpio, Carpio Morales, Velasco, Jr., Nachura, Leonardo-De Castro, Brion, Peralta, Bersamin, Del Castillo, Abad, Villarama, Jr., Perez, and Sereno, JJ., concur.

    Endnotes:


    [1] Rollo, pp. 48-63. Penned by Associate Justice Vicente S.E. Veloso, with Associate Justice Andres B. Reyes, Jr. and Associate Justice Marlene Gonzales-Sison, concurring.

    [2] Id. at 65.

    [3] Id. at 49-53.

    [4] Id. at 96-104.

    [5] Id. at 106-112.

    [6] Id. at 55.

    [7] Id.

    [8] A.M. No. 2008-13-SC, November 19, 2008, 571 SCRA 352.

    [9] Rollo, pp. 57-58.

    [10] Id. at 58.

    [11] Id. at 63.

    [12] Id. at 36.

    [13] Supra note 8.

    [14] See Batangas State University v. Bonifacio, G.R. No. 167762, December 15, 2005, 478 SCRA 142, 148.

    [15] See rollo, p. 103.

    [16] Id. at 70-72.

    [17] Id. at 73.

    [18] See also Civil Service Commission v. Magnaye, Jr., G.R. No. 183337, April 23, 2010.

    [19] Rollo, p. 73.

    [20] Id. at 22-23.

    [G.R. No. 191940, April 12 : 2011]   PHILIPPINE CHARITY SWEEPSTAKES OFFICE BOARD OF DIRECTORS AND REYNALDO P. MARTIN, PETITIONERS, VS. MARIE JEAN C. LAPID, RESPONDENT.


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