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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
 

   
August-2011 Jurisprudence                 

  • [G.R. No. 146206 : August 01, 2011] SAN MIGUEL FOODS, INCORPORATED, PETITIONER, VS. SAN MIGUEL CORPORATION SUPERVISORS AND EXEMPT UNION, RESPONDENT.

  • [G.R. No. 172110 : August 01, 2011] MINDA VILLAMOR, APPELLEE, VS. PEOPLE OF THE PHILIPPINES, APPELLANT. [G.R. NO. 181804] GLICERIO VIOS, JR., APPELLEE, VS. PEOPLE OF THE PHILIPPINES, APPELLANT.

  • [G.R. No. 171569 : August 01, 2011] UNION BANK OF THE PHILIPPINES, PETITIONER, VS. ALAIN* JUNIAT, WINWOOD APPAREL, INC., WINGYAN APPAREL, INC., NONWOVEN FABRIC PHILIPPINES, RESPONDENTS.

  • [A.M. No. P-11-2896 [Formerly OCA I.P.I. No. 08-2977-P] : August 02, 2011] PROSERPINA V. ANICO, COMPLAINANT, VS. EMERSON B. PILIPIÑA, SHERIFF IV, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, MANILA, RESPONDENT.

  • [G.R. No. 188086 : August 03, 2011] FRANCIS BELLO, REPRESENTED HEREIN BY HIS DAUGHTER AND ATTORNEY-IN-FACT, GERALDINE BELLO-ONA, PETITIONER, VS. BONIFACIO SECURITY SERVICES, INC. AND SAMUEL TOMAS, RESPONDENTS.

  • [G.R. No. 182237 : August 03, 2011] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VS. TERENCIO FUNESTO Y LLOSPARDAS, APPELLANT.

  • [G.R. No. 169901 : August 03, 2011] PHILIPPINE NATIONAL BANK, PETITIONER, VS. CIRIACO JUMAMOY AND HEIRS OF ANTONIO GO PACE, REPRESENTED BY ROSALIA PACE, RESPONDENTS.

  • [G.R. No. 191995 : August 03, 2011] PHILIPPINE VETERANS BANK, PETITIONER, VS. JUSTINA CALLANGAN, IN HER CAPACITY AS DIRECTOR OF THE CORPORATION FINANCE DEPARTMENT OF THE SECURITIES AND EXCHANGE COMMISSION AND/OR THE SECURITIES AND EXCHANGE COMMISSION, RESPONDENT.

  • [G.R. No. 179344 : August 03, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDGARDO FERMIN Y GREGORIO AND JOB MADAYAG, JR., Y BALDERAS, ACCUSED-APPELLANTS.

  • [G.R. No. 183018 : August 03, 2011] ADVENT CAPITAL AND FINANCE CORPORATION, PETITIONER, VS. ROLAND YOUNG, RESPONDENT.

  • [G.R. No. 177816 : August 03, 2011] NIPPON HOUSING PHIL. INC., AND/OR TADASHI OTA, HOROSHI TAKADA, YUSUHIRO KAWATA, MR. NOBOYUSHI AND JOEL REYES PETITIONERS, VS. MAIAH ANGELA LEYNES, RESPONDENT.

  • [G.R. Nos. 174507-30 : August 03, 2011] ATTY. EMELITA H. GARAYBLAS AND ATTY. RENATO G. DE LA CRUZ, PETITIONERS, VS. THE HON. GREGORY ONG, HON. JOSE HERNANDEZ AND HON. RODOLFO PONFERRADA, AS CHAIRMAN & MEMBERS, RESPECTIVELY, 4TH DIVISION, SANDIGANBAYAN; AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 184454 : August 03, 2011] CO GIOK LUN, AS SUBSTITUTED BY HIS LEGAL HEIRS NAMELY: MAGDALENA D. CO, MILAGROS D. CO, BENJAMIN D. CO, ALBERT D. CO, ANGELITA C. TENG, VIRGINIA C. RAMOS, CHARLIE D. CO, AND ELIZABETH C. PAGUIO, PETITIONERS, VS. JOSE CO, AS SUBSTITUTED BY HIS LEGAL HEIRS NAMELY: ROSALINA CO, MARLON CO, JOSEPH CO, FRANK CO, ANTONIO CO, NELSON CO, ROLAND CO, JOHNSON CO, CORAZON CO, ADELA CO, SERGIO CO, PAQUITO CO, JOHN CO, NANCY CO, AND TERESITA CO, RESPONDENTS.

  • [G.R. No. 194031 : August 08, 2011] JOBEL ENTERPRISES AND/OR MR. BENEDICT LIM, PETITIONERS, VS. NATIONAL LABOR RELATIONS COMMISSION (SEVENTH DIVISION, QUEZON CITY) AND ERIC MARTINEZ, SR., RESPONDENTS.

  • [G.R. No. 152141 : August 08, 2011] CORNELIO DEL FIERRO, GREGORIO DEL FIERRO, ILDEFONSO DEL FIERRO, ASUNCION DEL FIERRO, CIPRIANO DEL FIERRO, MANUELA DEL FIERRO, AND FRANCISCO DEL FIERRO PETITIONERS, VS. RENE SEGUIRAN, RESPONDENT.

  • [G.R. No. 169510 : August 08, 2011] ATOK BIG WEDGE COMPANY, INC., PETITIONER, VS. JESUS P. GISON, RESPONDENT.

  • [G.R. No. 187858 : August 09, 2011] THE CIVIL SERVICE COMMISSION, PETITIONER, VS. RICHARD G. CRUZ, RESPONDENT.

  • [G.R. No. 167398 : August 09, 2011] AUGUSTUS GONZALES AND SPOUSES NESTOR VICTOR AND MA. LOURDES RODRIGUEZ, PETITIONERS, VS. QUIRICO PE, RESPONDENT.

  • [G. R. No. 195953 : August 09, 2011] CERIACO BULILIS, PETITIONER, VS. VICTORINO NUEZ, HON. PRESIDING JUDGE, 6TH MCTC, UBAY, BOHOL, HON. PRESIDING JUDGE, RTC, BRANCH 52, TALIBON, BOHOL, RESPONDENTS.

  • [G.R. No. 185352 : August 10, 2011] COASTAL SAFEWAY MARINE SERVICES INC., PETITIONER, VS. ELMER T. ESGUERRA, RESPONDENT.

  • [G.R. No. 193188 : August 10, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JUANITO APATTAD, ACCUSED-APPELLANT.

  • [G.R. No. 187536 : August 10, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MICHAEL BOKINGO ALIAS "MICHAEL BOKINGCO" AND REYNANTE COL, ACCUSED-APPELLANTS.

  • [G.R. No. 176008 : August 10, 2011] METROPOLITAN BANK AND TRUST COMPANY, SUBSTITUTED BY MERIDIAN (SPV-AMCI) CORPORATION, PETITIONER, VS. INTERNATIONAL EXCHANGE BANK, RESPONDENT. [G.R. NO. 176131] CHUAYUCO STEEL MANUFACTURING, PETITIONER, VS. INTERNATIONAL EXCHANGE BANK (NOW UNION BANK OF THE PHILIPPINES), RESPONDENT.

  • [G.R. No. 174926 : August 10, 2011] AMERICAN HOME INSURANCE CO. OF NEW YORK, PETITIONER, VS. F.F. CRUZ & CO., INC., RESPONDENT.

  • [G.R. No. 176350 : August 10, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JHON-JHON ALEJANDRO Y DELA CRUZ @ "NOGNOG," APPELLANT.

  • [G.R. No. 186487 : August 15, 2011] ROSITO BAGUNU, PETITIONER, VS. SPOUSES FRANCISCO AGGABAO & ROSENDA ACERIT, RESPONDENTS.

  • [G.R. No. 182178 : August 15, 2011] STEPHEN SY Y TIBAGONG, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 193379 : August 15, 2011] CESAR D. CASTRO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 165476 : August 15, 2011] AGRIPINO V. MOLINA, PETITIONER, VS. PACIFIC PLANS, INC., RESPONDENT.

  • [G.R. No. 196426 : August 15, 2011] MARTICIO SEMBLANTE AND DUBRICK PILAR, PETITIONERS, VS. COURT OF APPEALS, 19TH DIVISION, NOW SPECIAL FORMER 19TH DIVISION, GALLERA DE MANDAUE / SPOUSES VICENTE AND MARIA LUISA LOOT, RESPONDENTS.

  • [G.R. No. 175073 : August 15, 2011] ESTATE OF MARGARITA D. CABACUNGAN, REPRESENTED BY LUZ LAIGO-ALI, PETITIONER, VS. MARILOU LAIGO, PEDRO ROY LAIGO, STELLA BALAGOT AND SPOUSES MARIO B. CAMPOS AND JULIA S. CAMPOS, RESPONDENTS.

  • [G.R No. 187167 : August 16, 2011] PROF. MERLIN M. MAGALLONA, AKBAYAN PARTY-LIST REP. RISA HONTIVEROS, PROF. HARRY C. ROQUE, JR., AND UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW STUDENTS, ALITHEA BARBARA ACAS, VOLTAIRE ALFERES, CZARINA MAY ALTEZ, FRANCIS ALVIN ASILO, SHERYL BALOT, RUBY AMOR BARRACA, JOSE JAVIER BAUTISTA, ROMINA BERNARDO, VALERIE PAGASA BUENAVENTURA, EDAN MARRI CAÑETE, VANN ALLEN DELA CRUZ, RENE DELORINO, PAULYN MAY DUMAN, SHARON ESCOTO, RODRIGO FAJARDO III, GIRLIE FERRER, RAOULLE OSEN FERRER, CARLA REGINA GREPO, ANNA MARIE CECILIA GO, IRISH KAY KALAW, MARY ANN JOY LEE, MARIA LUISA MANALAYSAY, MIGUEL RAFAEL MUSNGI, MICHAEL OCAMPO, JAKLYN HANNA PINEDA, WILLIAM RAGAMAT, MARICAR RAMOS, ENRIK FORT REVILLAS, JAMES MARK TERRY RIDON, JOHANN FRANTZ RIVERA IV, CHRISTIAN RIVERO, DIANNE MARIE ROA, NICHOLAS SANTIZO, MELISSA CHRISTINA SANTOS, CRISTINE MAE TABING, VANESSA ANNE TORNO, MARIA ESTER VANGUARDIA, AND MARCELINO VELOSO III, PETITIONERS, VS. HON. EDUARDO ERMITA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. ALBERTO ROMULO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS, HON. ROLANDO ANDAYA, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, HON. DIONY VENTURA, IN HIS CAPACITY AS ADMINISTRATOR OF THE NATIONAL MAPPING & RESOURCE INFORMATION AUTHORITY, AND HON. HILARIO DAVIDE, JR., IN HIS CAPACITY AS REPRESENTATIVE OF THE PERMANENT MISSION OF THE REPUBLIC OF THE PHILIPPINES TO THE UNITED NATIONS, RESPONDENTS.

  • [A.M. No. RTJ-06-2014 : August 16, 2011] NILDA VERGINESA-SUAREZ, COMPLAINANT, VS. JUDGE RENATO J. DILAG AND COURT STENOGRAPHER III CONCEPCION A. PASCUA, RESPONDENTS. [A.M. No. RTJ-11-2293 (formerly A.M. No. 06-07-415-RTC)] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE RENATO J. DILAG, ESTER A. ASILO, OFFICER-IN-CHARGE, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 73, OLONGAPO CITY, ZAMBALES, AND ATTY. RONALD D. GAVINO, DEPUTY CLERK OF COURT, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, OLONGAPO CITY RESPONDENTS.

  • [G.R. No. 174654 : August 17, 2011] FELIXBERTO A. ABELLANA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND SPOUSES SAAPIA B. ALONTO AND DIAGA ALONTO, RESPONDENTS.

  • [G.R. No. 159941 : August 17, 2011] HEIRS OF SPOUSES TEOFILO M. RETERTA AND ELISA RETERTA, NAMELY: EDUARDO M. RETERTA, CONSUELO M. RETERTA, AND AVELINA M. RETERTA, PETITIONERS, VS. SPOUSES LORENZO MORES AND VIRGINIA LOPEZ, RESPONDENTS.

  • [G.R. No. 168008 : August 17, 2011] PETRONILO J. BARAYUGA, PETITIONER, VS. ADVENTIST UNIVERSITY OF THE PHILIPPINES, THROUGH ITS BOARD OF TRUSTEES, REPRESENTED BY ITS CHAIRMAN, NESTOR D. DAYSON, RESPONDENTS.

  • [G.R. No. 193629 : August 17, 2011] RCJ BUS LINES, INCORPORATED, PETITIONER, VS. STANDARD INSURANCE COMPANY, INCORPORATED, RESPONDENT.

  • [G.R. No. 166970 : August 17, 2011] MA. ANA M. TAMONTE AND EDILBERTO A. TAMONTE, PETITIONERS, VS. HONGKONG AND SHANGHAI BANKING CORPORATION LTD., HONGKONG AND SHANGHAI BANKING CORPORATION STAFF RETIREMENT PLAN, REPRESENTED BY ATTY. MANUEL G. MONTECILLO, STUART P. MILNE AND ALEJANDRO CUSTODIO; ALEJANDRO CUSTODIO; RTC CLERK OF COURT & EX-OFFICIO SHERIFF AND SHERIFF IN CHARGE CLEMENTE BOLOY AND BENEDICTO G. HEBRON, RESPECTIVELY, RESPONDENTS.

  • [G.R. No. 188562 : August 17, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RODEL LANUZA Y BAGAOISAN, ACCUSED-APPELLANT.

  • [G.R. No. 171634 : August 17, 2011] LEONARDO S. UMALE, SUBSTITUTED BY CLARISSA VICTORIA UMALE,[1] PETITIONER, VS. ATTY. ALFREDO VILLAMOR, JR., RESPONDENT.

  • [G.R. No. 156358 : August 17, 2011] ANGELINA PAHILA-GARRIDO, PETITIONER, VS. ELIZA M. TORTOGO, LEONILA FLORES, ANANIAS SEDONIO, ADELINO MONET, ANGIE MONET, JUANITO GARCIA, ELEONOR GARCIA, BENITA MOYA, JULIO ALTARES, LEA ALTARES, CLARITA SABIDO, JULIE ANN VILLAMOR, JUANITA TUALA, VICTOR FLORES III, JOHNNY MOYA, HAZEL AVANCEÑA, SONIA EVANGELIO, AND GENNY MONTAÑO, RESPONDENTS.

  • [G.R. No. 152239 : August 17, 2011] MAKING ENTERPRISES, INC. AND SPOUSES JOAQUIN TAMANO AND ANGELITA TAMANO, PETITIONERS, VS. JOSE MARFORI AND EMERENCIANA MARFORI, RESPONDENTS.

  • [G.R. No. 153829 : August 17, 2011] ROMAN CATHOLIC ARCHBISHOP OF SAN FERNANDO, PAMPANGA REPRESENTED HEREIN BY THE INCUMBENT ARCHBISHOP, PETITIONER, VS. EDUARDO SORIANO, JR., EDNA YALUN, EVANGELINA ABLAZA, FELICIDAD Y. URBINA, FELIX SALENGA, REYNALDO I. MALLARI, MARCIANA B. BARCOMA, BIENVENIDO PANGANIBAN, BRIGIDA NAVARRO, EUFRANCIA T. FLORES, VICTORIA B. SUDSOD, EUFRONIO CAPARAS, CRISANTO MANANSALA, LILY MASANGCAY, BENJAMIN GUINTO, JR., MARTHA G. CASTRO AND LINO TOLENTINO, RESPONDENTS. [G.R. NO. 160909] BENJAMIN GUINTO, JR.,[1] PETITIONER, VS. ROMAN CATHOLIC ARCHBISHOP OF SAN FERNANDO, PAMPANGA REPRESENTED HEREIN BY THE INCUMBENT ARCHBISHOP, RESPONDENT.

  • [G.R. No. 163827 : August 17, 2011] DEVELOPMENT BANK OF THE PHILIPPINES, PETITIONER, VS. HON. SILVERIO Q. CASTILLO AND CRISTINA TRINIDAD ZARATE ROMERO, RESPONDENTS.

  • [G.R. No. 167545 : August 17, 2011] ATIKO TRANS, INC. AND CHENG LIE NAVIGATION CO., LTD., PETITIONERS, VS. PRUDENTIAL GUARANTEE AND ASSURANCE, INC., RESPONDENT.

  • [G.R. No. 190317 : August 22, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LARRY TORRES, SR., ACCUSED-APPELLANT.

  • [G.R. No. 193161 : August 22, 2011] DIOSDADO S. MANUNGAS, PETITIONER, VS. MARGARITA AVILA LORETO AND FLORENCIA AVILA PARREÑO, RESPONDENTS.

  • [G.R. No. 163433 : August 22, 2011] SPOUSES NELSON R. VILLANUEVA AND MYRA P. VILLANUEVA, PETITIONERS, VS. THE COURT OF APPEALS, PROVIDENT RURAL BANK OF SANTA CRUZ (LAGUNA), INC., AND THE CLERK OF COURT OF THE REGIONAL TRIAL COURT OF LAGUNA AS EX-OFFICIO PROVINCIAL SHERIFF, RESPONDENTS.

  • [G.R. Nos. 192147 & 192149 : August 23, 2011] RENALD F. VILANDO, PETITIONER, VS. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL, JOCELYN SY LIMKAICHONG AND HON. SPEAKER PROSPERO NOGRALES, RESPONDENTS.

  • [A.M. No. 2011-01-SC : August 23, 2011] RE: LETTER-COMPLAINT OF MR. RECARREDO S. VALENZUELA, CLERK IV, PERSONNEL DIVISION, OAS-OCA AGAINST MR. RICARDO R. GIGANTO, UTILITY WORKER II, PERSONNEL DIVISION, OAS-OCA

  • [G.R. No. 165828 : August 24, 2011] NATIONAL POWER CORPORATION, PETITIONER, VS. HEIRS OF MACABANGKIT SANGKAY, NAMELY: CEBU, BATOWA-AN, SAYANA, NASSER, MANTA, EDGAR, PUTRI , MONGKOY*, AND AMIR, ALL SURNAMED MACABANGKIT, RESPONDENTS.

  • [G.R. No. 173180 : August 24, 2011] ALBERT TISON AND CLAUDIO L. JABON, PETITIONERS, VS. SPS. GREGORIO POMASIN AND CONSORCIA PONCE POMASIN, DIANNE POMASIN PAGUNSAN, CYNTHIA POMASIN, SONIA PEROL, ANTONIO SESISTA, GINA SESISTA, AND REYNALDO SESISTA, RESPONDENTS.

  • [G.R. No. 172331 : August 24, 2011] RAMON ARANDA, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 160322 : August 24, 2011] PILIPINO TELEPHONE CORPORATION, PETITIONER, VS. RADIOMARINE NETWORK (SMARTNET) PHILIPPINES, INC., RESPONDENT.

  • [A.M. No. P-10-2739 [Formerly OCA I.P.I. No. 08-3015-P] : August 24, 2011] WILFRIED ERDENBERGER, COMPLAINANT, VS. JOHN V. AQUINO, CLERK OF COURT, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, OLONGAPO CITY, RESPONDENT.

  • [G.R. No. 188775 : August 24, 2011] CENON R. TEVES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND DANILO R. BONGALON, RESPONDENTS.

  • [G.R. No. 188995 : August 24, 2011] EXPORT PROCESSING ZONE AUTHORITY (NOW PHILIPPINE EXPORT ZONE AUTHORITY), PETITIONER, VS. JOSE PULIDO, VICENTA PANGANIBAN, RURAL BANK OF SALINAS, INC., FRANCISCA M. PRODIGALIDAD, ABELARDO PRODIGALIDAD, CARMEN PRECIOSA TABLANTE, CARMENCITA M. PRODIGALIDAD, MELVIN J. BOUCHER, MARY LOU M. PRODIGALIDAD, SALVADOR MENES, JR., DELILAH M. PRODIGALIDAD, NANNETTE M. PRODIGALIDAD, ANSELMO M. PRODIGALIDAD III, GREGORIO M. PRODIGALIDAD, AND ESTATE OF SALUD JIMENEZ, RESPONDENTS.

  • [G.R. No. 176129 : August 24, 2011] HEIRS OF RODOLFO CRISOSTOMO (EUPROCINIA, ROYCE AND IRISH CRISOSTOMO), PETITIONERS, VS. RUDEX INTERNATIONAL DEVELOPMENT CORPORATION, RESPONDENT.

  • [G.R. No. 184960 : August 24, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CLEOFE BAROQUILLO Y VILLANUEVA AND LEONARDO MAHILUM Y CAÑETE, ACCUSED-APPELLANTS.

  • [A.C. No. 6689 : August 24, 2011] RIZALINA L. GEMINA, COMPLAINANT, VS. ATTY. ISIDRO S. MADAMBA, RESPONDENT.

  • [G.R. No. 168973 : August 24, 2011] CITY OF DUMAGUETE, HEREIN REPRESENTED BY CITY MAYOR, AGUSTIN R. PERDICES, PETITIONER, VS. PHILIPPINE PORTS AUTHORITY, RESPONDENT.

  • [G.R. No. 183789 : August 24, 2011] POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION, PETITIONER, VS. POZZOLANIC PHILIPPINES INCORPORATED, RESPONDENT.

  • [G.R. No. 176091 : August 24, 2011] RENE ANTONIO, PETITIONER, VS. GREGORIO MANAHAN, RESPONDENT.

  • [G.R. No. 171468 : August 24, 2011] NEW WORLD INTERNATIONAL DEVELOPMENT (PHILS.), INC., PETITIONER, VS. NYK-FILJAPAN SHIPPING CORP., LEP PROFIT INTERNATIONAL, INC. (ORD), LEP INTERNATIONAL PHILIPPINES, INC., DMT CORP., ADVATECH INDUSTRIES, INC., MARINA PORT SERVICES, INC., SERBROS CARRIER CORPORATION, AND SEABOARD-EASTERN INSURANCE CO., INC., RESPONDENTS. [G.R. NO. 174241] NEW WORLD INTERNATIONAL DEVELOPMENT (PHILS.), INC., PETITIONER, VS. SEABOARD-EASTERN INSURANCE CO., INC., RESPONDENT.

  • [G.R. No. 185023 : August 24, 2011] CITY OF PASIG, REPRESENTED BY THE CITY TREASURER AND THE CITY ASSESSOR, VS. PETITIONER, REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, RESPONDENT.

  • [G.R. No. 172660 : August 24, 2011] EUGENIO BASBAS, TEOFILO ARAS, RUFINO ARAS, GERVACIO BASBAS, ISMAEL ARAS, EUGENIO ARAS, SIMFRONIO ARAS, FELICIANO ARAS, ROSITA ARAS, EUGENIO BASBAS, JR. AND SPOUSES PABLITO BASARTE AND MARCELINA BASBAS BASARTE, PETITIONERS, VS. BEATA SAYSON AND ROBERTO SAYSON, JR., RESPONDENTS.

  • [G.R. No. 174774 : August 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROLANDO S. DELOS REYES, ALIAS "BOTONG," AND RAYMUNDO G. REYES, ALIAS "MAC-MAC," ACCUSED-APPELLANTS.

  • [G.R. No. 175289 : August 31, 2011] CRISOSTOMO VILLARIN AND ANIANO LATAYADA, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 170728 : August 31, 2011] D. M. WENCESLAO AND ASSOCIATES, INC., PETITIONER, VS. CITY OF PARAAQUE, PARAAQUE CITY ASSESSOR, PARAAQUE CITY TREASURER AND PARAAQUE CITY COUNCIL, RESPONDENTS.

  • [G.R. No. 184053 : August 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. VIRGINIA BABY P. MONTANER, ACCUSED-APPELLANT.

  • [G.R. No. 175074 : August 31, 2011] JESUS TORRES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 165025 : August 31, 2011] FEDMAN DEVELOPMENT CORPORATION, PETITIONER, VS. FEDERICO AGCAOILI, RESPONDENT.

  • [G.R. No. 155849 : August 31, 2011] LORENZO SHIPPING CORPORATION, OCEANIC CONTAINER LINES, INC., SOLID SHIPPING LINES CORPORATION, SULPICIO LINES, INC., ET AL., PETITIONERS, VS. DISTRIBUTION MANAGEMENT ASSOCIATION OF THE PHILIPPINES, LORENZO CINCO, AND CORA CURAY, RESPONDENTS.

  • [G.R. No. 173792 : August 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSARIO "ROSE" OCHOA, ACCUSED-APPELLANT.

  • [G.R. No. 181902 : August 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDGAR EVANGELIO Y GALLO, JOSEPH EVANGELIO, ATILANO AGATON Y OBICO, AND NOEL MALPAS Y GARCIA, ACCUSED. JOSEPH EVANGELIO, ACCUSED-APPELLANT.

  • [G.R. No. 176077 : August 31, 2011] ABRAHAM MICLAT, JR. Y CERBO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 175991 : August 31, 2011] JOSE R. CATACUTAN, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 186387 : August 31, 2011] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JUAN MENDOZA Y VICENTE, ACCUSED-APPELLANT.

  • [G.R. No. 174980 : August 31, 2011] RADITO AURELIO Y REYES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 179978 : August 31, 2011] DCD CONSTRUCTION, INC., PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

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    [G.R. Nos. 174507-30 : August 03, 2011]   ATTY. EMELITA H. GARAYBLAS AND ATTY. RENATO G. DE LA CRUZ, PETITIONERS, VS. THE HON. GREGORY ONG, HON. JOSE HERNANDEZ AND HON. RODOLFO PONFERRADA, AS CHAIRMAN & MEMBERS, RESPECTIVELY, 4TH DIVISION, SANDIGANBAYAN; AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

     
    THIRD DIVISION

    [G.R. Nos. 174507-30 : August 03, 2011]

    ATTY. EMELITA H. GARAYBLAS AND ATTY. RENATO G. DE LA CRUZ, PETITIONERS, VS. THE HON. GREGORY ONG, HON. JOSE HERNANDEZ AND HON. RODOLFO PONFERRADA, AS CHAIRMAN & MEMBERS, RESPECTIVELY, 4TH DIVISION, SANDIGANBAYAN; AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

    D E C I S I O N


    PERALTA, J.:

    This resolves the Petition for Certiorari under Rule 65 of the Rules of  Court, praying that the Order[1] of the 4th Division of the Sandiganbayan (SB 4th Division) dated June 14, 2006, holding petitioners liable for their non-appearance in the scheduled pre-trial conferences, and the Resolution[2] dated August 10, 2006, denying petitioners' motion for reconsideration, be annulled and set aside.

    The records reveal the following antecedent facts.

    Petitioner Atty. Emelita H. Garayblas (Atty. Garayblas) is the principal legal counsel, with petitioner Atty. Renato G. De la Cruz (Atty. De la Cruz) as collaborating counsel, for Gen. Jose S. Ramiscal who is facing charges for falsification of public documents and violation of Section 3 (e) of Republic Act No. 3019 before several divisions of the Sandiganbayan. Criminal Case Nos. 25741 and 25742 are pending before the Second Division, while Criminal Case Nos. 25122-45 are pending in the Fourth Division.[3]

    Accused Gen. Jose S. Ramiscal was arraigned on February 20, 2006, and the SB 4th Division set the pre-trial for April 6, 2006 in Davao City.  On February 28, 2006, the Office of the Clerk of Court of the SB 4th Division sent a Notice of Hearing to all the parties, informing them of the cancellation of the April 6, 2006 pre-trial hearing and the resetting to April 27, 2006 in Davao City.  Petitioner Atty. Garayblas, opposing the resetting to April 27, 2006, filed a Motion to Reset.  On March 23, 2006, the SB 4th Division issued an Order[4] denying said motion to reset, stating that "Atty. Garayblas and Associates must adjust their schedule to suit all the other accused and their counsels, who are available for the pre-trial hearing in Davao City on April 27, 2006."

    Petitioners failed to appear for pre-trial on April 27, 2006 in Davao City; hence, public respondents ordered petitioners to explain why they should not be held in contempt.[5]  Atty. Garayblas filed a Compliance/Manifestation dated June 5, 2006, explaining as follows:

    On the morning of April 26, 2006, she went home from her office in view of her severe headache, body weakness and sluggishness.  She gave a call to her doctor/diabetologist who instructed her to get her sugar count and blood pressure.  The blood sugar taken revealed that her sugar count was 420 and the blood pressure, was 170/140, a very precarious condition.

    She was advised to enter the hospital but the undersigned [Atty. Garayblas] opted to stay home and just follow the instruction given by her doctor, Dr. Graciella Garayblas-Gonzaga of UST Hospital.  She was requested to administer her insulin injection every six (6) hours x  x  x.  She was also advised to stay on (sic) bed until her sugar count and blood pressure normalize.

    Till the evening of the said date, the undersigned [Atty. Garayblas] continued to suffer the recurrent headaches, sluggishness and body weakness. Her condition did not disappear. Due to this continuous discomforts and pains, and apprehensive that she might lose her consciousness, she was unable to attend the above numbered criminal cases scheduled for pre-trial hearings on April 27, 2006.[6]

    Atty. De la Cruz also filed his Explanation[7] dated June 3, 2006, stating that he did not attend the pre-trial of the cases on April 27, 2006 in Davao City because he had to appear before the Second Division of the SB in Criminal Case No. 25741 involving the same accused, attaching a certificate of appearance from the Second Division as proof of his explanation.

    On June 14, 2006, the SB 4th Division issued the first assailed Order, pertinent portions of which read as follows:

    After reading and considering the respective submissions of Attys. De la Cruz and Habacon-Garayblas for their absence in the scheduled pre-trial proceedings of the above-entitled cases in Davao City on April 27, 2006, which caused the cancellation thereof, the Court finds them not quite satisfactory.  It appears that they belong to the same law office and, therefore, one or the other should have appeared or made the necessary arrangement to let one of their associates or colleagues appear in the pre-trial conference knowing as they do of the Davao City (out of town) schedule and the corresponding expenses thereof.  Atty. De la Cruz should have been more prudent in the scheduling of his cases in order to avoid his alleged conflict of schedule.  Moreover, in case of conflict, he should [have given] precedence or priority to the out of town schedule of this Court considering the additional expenses for such out of town hearings.

    On the other hand, the Court commiserates with the alleged plight and/or adverse medical condition of Atty. Habacon-Garayblas (at that time) but, with the advance or modern means of communication at her disposal, she should have made the necessary arrangement with her co-counsel Atty. De la Cruz or the other members of her law office.  Besides, the Court notes the absence of a medical certificate attesting to such medical condition of Atty. Habacon-Garayblas.

    Under these circumstances, the Court is constrained to hold Attys. De la Cruz and Habacon-Garayblas liable for their absence or non-appearance which caused the cancellation of the scheduled pre-trial conference and thus wasted the time of the Court.  Hence, pursuant to Sec. 3 of Rule 118 of the Revised Rules of Criminal Procedure, the Court hereby orders them to pay the amount of ten thousand pesos (P10,000) each as sanction or penalty and to partially answer the traveling and other expenses of the Court in holding the subject pre-trial conference in Davao City, within ten (10) days from receipt of this order.

    x x x x

    SO ORDERED.[8]

    From the above-quoted Order, petitioners moved for reconsideration.

    Atty. Garayblas reasoned that: (1) she had no intention whatsoever of disregarding the scheduled pre-trial but her health and physical condition prevented her from attending the same, and records would show that except for her non-appearance at the pre-trial, she had never been absent in all the proceedings for subject criminal cases before the SB 4th Division; (2) her failure to submit a medical certificate was purely out of inadvertence; (3) her non-appearance was not the only reason for the cancellation of the pre-trial as the records show that all the accused failed to submit their respective pre-trial briefs; (4) while the Court has the duty to act on cases with promptness, it should also act with understanding and compassion; (5) just so there would be a lawyer to attend the proceedings scheduled on the same date in both the Second Division and the Fourth Division, they agreed that Atty. De la Cruz would be the one to appear before the Second Division, while she (Atty. Garayblas) would be the one to attend the pre-trial in Davao City before the Fourth Division; and (6) there were no other lawyers from their law office who could attend the pre-trial in Davao City, as one had already resigned and another member, Atty. Rafaelito Garayblas, just suffered from acute myocardial infraction complicated by diabetes.[9]

    Atty. De la Cruz, for his part, reiterated Atty. Garayblas' explanation that he did not appear before the SB 4th Division because they agreed that it was the latter who would appear for their client at the pre-trial in Davao City.[10]

    On August 10, 2006, the SB 4th Division promulgated the Resolution denying petitioners' motions for reconsideration, stating that even if the Court is inclined to believe Atty. Garayblas' illness, the Court still expected her to make the necessary arrangement for co-counsel or any other colleague to attend the pre-trial.  It was also reiterated in said Resolution that Atty. De la Cruz should have given priority to the pre-trial hearing in Davao City.[11]

    Aggrieved by the foregoing disposition of the SB 4th Division, petitioners filed the present petition for certiorari, alleging that the SB 4th Division acted with grave abuse of discretion amounting to lack or excess of jurisdiction in not finding their explanation satisfactory and ordering them to pay a fine of Ten Thousand Pesos (P10,000.00) each and to partially answer the traveling and other expenses of the Court in holding the subject pre-trial conference in Davao City.

    The Court finds some merit in the petition.

    Section 3, Rule 118 of the Revised Rules of Criminal Procedure provides as follows:

    Sec. 3.  Non-appearance at Pre-Trial Conference. - If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the court may impose proper sanctions or penalties.

    Pursuant to the foregoing provision, the court may sanction or penalize counsel for the accused if the following concur: (1) counsel does not appear at the pre-trial conference AND (2) counsel does not offer an acceptable excuse.  There is no cavil that petitioners failed to appear at the pre-trial conference in Davao City on April 27, 2006.  The crux of the matter in this case then is, did petitioners present an acceptable or valid excuse for said non-appearance?

    The SB 4th Division already said it believed Atty. Garayblas' claim that a day before the scheculed pre-trial conference in Davao City, she started suffering from hyperglycemia (high blood sugar) and hypertension, and she felt the symptoms thereof until the day of the pre-trial itself.  This incapacitated her from traveling to Davao City to appear at the proceedings. Note that symptoms of hypertension include confusion, ear noise or buzzing, fatigue, headache, irregular heartbeat, and vision changes.[12]  As for hyperglycemia, a person suffering therefrom experiences headaches, increased thirst, difficulty concentrating, blurred vision, frequent urinating, and fatigue, among others.[13]  Verily, the Court can understand that a person suffering from confusion, difficulty in concentrating, blurred vision, fatigue, and others, would be hard put to attend a hearing, much less have the clarity of mind to think or worry about finding another lawyer to substitute for her.  Indeed, it would not be reasonable to expect her to have been able to make the necessary arrangements for another lawyer to attend in her stead.

    Consider, further, the importance of having counsel who is the most well-versed on the facts of the case, to be the one attending a pre-trial conference.  In Bayas v. Sandiganbayan,[14] the Court expounded on the role of lawyers in pre-trials, to wit:

    Pre-trial is meant to simplify, if not fully dispose of, the case at its early stage. x  x  x .

    x x x during pre-trial, attorneys must make a full disclosure of their positions as to what the real issues of the trial would be. They should not be allowed to embarrass or inconvenience the court or injure the opposing litigant by their careless preparation for a case; or by their failure to raise relevant issues at the outset of a trial  x x  x[15]

    This being so, it is not quite prudent to send in a new lawyer, who has not had ample time to fully familiarize himself or herself with the facts and issues involved in the case, to attend a pre-trial conference.  Sending to the pre-trial conference a new lawyer who is not very knowledgeable about the case would most probably lead to such careless preparation which the Court abhors.

    Moreover, respondents do not refute Atty. Garayblas' claim that before the pre-trial conference, she had never been absent for a hearing before the SB 4th Division.  This circumstance should be taken in her favor, as it shows that she is not in the habit of feigning illness to deliberately delay the proceedings.

    However, Atty. Garayblas should have at least sent word to the SB 4th Division and to her co-counsel, Atty. De la Cruz, when she began feeling the symptoms of hypertension and hyperglycemia, that she would be unable to attend said pre-trial conference.  This would have been the courteous thing to do.

    With regard to Atty. De la Cruz, his non-appearance at the pre-trial conference was also excusable.  There were hearings for their client's case in two separate divisions of the Sandiganbayan on the very same date in two distant locations.  To ensure representation for their client at the hearings in both divisions of the Sandiganbayan, petitioners agreed that Atty. De la Cruz would attend the one before the Second division, while Atty. Garayblas would attend the one before the SB 4th Division in Davao City. It appears that Atty. De la Cruz was not fully apprised of the fact that his co-counsel would not be able to attend the pre-trial conference.  It is understandable why Atty. De la Cruz could not have abandoned the hearing before the Second Division so he could attend the pre-trial in Davao City.  It was already too late in the day for Atty. De la Cruz to change plans and to notify the Second Division that he would be absent so he could attend the pre-trial in Davao City instead of the hearing at the Second Division.

    The Court finds respondents' directive for petitioners to pay part of the travel expenses of court personnel in holding the hearing in Davao City to be unwarranted.  There is nothing on record to show that the proceedings were being held in Davao City mainly because of the cases being handled by petitioners.  In fact, the SB 4th Division does not deny Atty. Garayblas' asseveration that the cancellation of the hearing on  April 27, 2006 in Davao City was caused not only by her and her co-counsel's failure to attend the pre-trial, but also because of all the other accused's failure to submit their respective pre-trial briefs. The Minutes of the Session held on April 27, 2006,[16] also shows that hearings/arraignment of the accused in Criminal Cases Nos. 25144 and 25143 (which are cases different from the ones being handled by petitioners) were held on that day for the Davao City sessions of the SB 4th Division.  Hence, the SB 4th Division's time and effort in holding sessions in Davao City were not entirely wasted due to petitioners' inability to attend the pre-trial conference.

    For the foregoing reasons, the Court deems imposing a fine on petitioners and ordering them to answer part of the court personnels' travel expenses to be too harsh. In Inonog v. Ibay,[17] the Court reiterated that:

    The power to punish for contempt is inherent in all courts so as to preserve order in judicial proceedings as well as to uphold the administration of justice. The courts must exercise the power of contempt for purposes that are impersonal because that power is intended as a safeguard not for the judges but for the functions they exercise. Thus, judges have, time and again, been enjoined to exercise their contempt power judiciously, sparingly, with utmost restraint and with the end in view of utilizing the same for correction and preservation of the dignity of the court, not for retaliation or vindication. x x x[18]


    Petitioner Atty. De la Cruz has presented a valid and acceptable excuse, for which he should not be found liable under Section 3, Rule 118 of the Revised Rules of Criminal Procedure.  On the other hand, petitioner Atty. Garayblas showed some lapse in judgment, not to mention discourteous behavior, in not informing the SB 4th Division at the earliest possible time of her illness and inability to attend said pre-trial conference.

    WHEREFORE, the petition is PARTIALLY GRANTEDThe Sandiganbayan 4th Division's Order dated June 14, 2006 and its Resolution dated August 10, 2006 in Criminal Cases Nos. 25122, 25125-29, 25133, 25135, 25137-38, are hereby MODIFIED by DELETING the fine and the order for both petitioners to pay part of the traveling expenses of the court. Instead, petitioner Atty. Garayblas is hereby given a STERN WARNING that a repetition of the same or similar act shall be dealt with more severely.

    SO ORDERED.

    Velasco, Jr., (Chairperson), Brion,
    * Abad, and Sereno,** JJ., concur.

    Endnotes:


    * Designated as an additional member in lieu of Associate Justice Jose Catral Mendoza, per Special Order No. 1056 dated July 27, 2011.

    **  Designated as an additional member, per Special Order No. 1028 dated June 21, 2011.

    [1] Penned by Sandiganbayan Associate Justice Rodolfo A. Ponferrada with Associate Justices Gregory Ong and Jose R. Hernandez, concurring.

    [2] Id.

    [3] Rollo, p. 21.

    [4] Id. at 22.

    [5] Id. at 25.

    [6] Id. at 82-83.

    [7] Id. at 29.

    [8] Id. at 31-33

    [9] Motion for Reconsideration, id. at 90-91.

    [10]  Rollo, pp. 39-40.

    [11]  Id. at 43-46.

    [12]  http://www.righthealth.com/topic/High_Blood_Pressure_Symptom/overview/adam20?fdid=Adam v2_000468; July 12, 2011.

    [13]  http://www.medicinenet.com/hyperglycemia/page2.htm#tocd; July 12, 2011.

    [14]  G.R. Nos. 143689-91, November 12, 2002, 391 SCRA 415.

    [15]  Id. at 427-428. (Emphasis supplied.)

    [16]  Records, Vol. III, back portion of p. 554.

    [17]  A.M. No. RTJ-09-2175, July 28, 2009, 594 SCRA 168.

    [18]  Id. at 177-178. (Emphasis supplied.)

    [G.R. Nos. 174507-30 : August 03, 2011]   ATTY. EMELITA H. GARAYBLAS AND ATTY. RENATO G. DE LA CRUZ, PETITIONERS, VS. THE HON. GREGORY ONG, HON. JOSE HERNANDEZ AND HON. RODOLFO PONFERRADA, AS CHAIRMAN & MEMBERS, RESPECTIVELY, 4TH DIVISION, SANDIGANBAYAN; AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.


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