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

     
    SECOND DIVISION

    [G.R. No. 185352 : August 10, 2011]

    COASTAL SAFEWAY MARINE SERVICES INC., PETITIONER, VS. ELMER T. ESGUERRA, RESPONDENT.

    D E C I S I O N


    PEREZ, J.:

    Compliance with the mandatory reporting requirements for the claim of disability benefits and sickness allowance under the Philippine Overseas Employment Administration Standard Employment Contract Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels (POEA-SEC) is central to this Rule 45 petition for review on certiorari, primarily assailing the 29 August 2008 Decision rendered by the then Seventh Division of the Court of Appeals (CA) in CA-G.R. SP No. 90298,[1] the dispositive portion of which states:

    WHEREFORE, the petition is granted.  The Resolutions dated June 30, 2004 and September 30, 2004 of public respondent NLRC are set aside.  Accordingly, private respondents [Coastal Safeway Marine Services, Inc., Benedicto C. Morcilla and Canada and Middle East General Trading] are ordered to pay petitioner [Elmer T. Esguerra], jointly and solidarily, his sickness allowance of US$3,200.00 and disability benefits of US$20,900.00 which may be paid in Philippine Currency equivalent to the exchange rate prevailing during the time of payment.

    SO ORDERED.[2]

    The Facts

    A seafarer since 1991, respondent Elmer T. Esguerra (Esguerra) applied for placement with petitioner Coastal Safeway Marine Services, Inc. (CSMSI) sometime in 2003.  Found fit for work during the pre-employment medical examination conducted by the company-designated physician,[3] Esguerra was hired by the CSMSI as Third Mate for the M/V Mr. Nelson, an ocean-going vessel under the flag of the United Arab Emirates (UAE) owned by its foreign principal, Canada & Middle East General Trading (CMEGT).  Subject to the provisions of the POEA-SEC, the contract of employment executed by the parties on 9 May 2003 provided a term of one (1) year and a basic monthly salary of US$800.00 for a 48-hour work-week, with provisions for overtime pay and vacation leave with pay.[4]  Rather than the aforesaid vessel, however, it appears that, on 13 May 2003, Esguerra, as Second Officer, eventually boarded the vessel M/V Gondwana which was likewise manned by CSMSI on behalf of Nabeel Shipmanagement Ltd. Fze. (NSLF).[5]

    On 28 June 2003 or after forty six (46) days of shipboard employment, Esguerra requested medical attention for back and chest pains while M/V Gondwana was docked at Port Jebel Ali, UAE.  Examined on 5 July 2003 at the Jebel Ali Medical Centre, Esguerra was declared "not fit for work until complete cardiac evaluation is done" and "advised to rest until then" by Dr. Zarga S. Tulmar.[6]  Despite the normal results of the serology, hematology, biochemistry and x-ray tests administered upon him,[7] however, Esguerra insisted on going home on the ground that he had been rendered unfit for work.  Alleging that he had yet to receive his salary for June 2003 and that his employer was making him shoulder his repatriation expenses as a consequence of his failure to finish his contract, Esguerra also sought assistance from the Jebel Ali police/coastguard regarding his predicament.[8]  Subsequent to his arrival in the Philippines on 7 July 2003, Esguerra went to the Philippine Heart Center (PHC), the Philippine Orthopedic Hospital (POH) and the Philippine General Hospital (PGH) for medical evaluation and treatment.

    Having consulted with Dr. Efren R. Vicaldo, a Doctor of Internal Medicine and Cardiology at the PHC as well as Dr. Rimando C. Saguin, an Orthopedic Surgeon at the POH, Esguerra further underwent diagnostic tests and was prescribed various medications at the PGH for "chronic stable angina."[9]  On 16 July 2003, Esguerra filed against CSMSI, its president, Benedicto C. Morcilla (Morcilla), and CMEGT, the complaint for medical reimbursement, sickness allowance, permanent disability benefits, damages and attorney's fees which was docketed as NLRC-OFW Case No. (M) 03-07-1784-00 before the arbitral level of the National Labor Relations Commission (NLRC).[10]  Subsequent to the filing of said complaint, Dr. Vicaldo issued a medical certificate dated 18 July 2003, diagnosing Esguerra to be afflicted with "Coronary Artery Disease, Stable angina pectoris" and declaring him unfit for work, with an "Impediment Grade VII (41.8%)."[11]  On 29 July 2003, Dr. Saguin also issued a medical certification stating that, as a consequence of his "moderate rigidity with 2/3 loss of motion and loss of lifting power of the trunk," Esguerra was then "unfit to work" with an Impediment Grade VIII.[12]

    In support of his complaint, Esguerra alleged, among other, matters, that he was repatriated for medical reasons on account of his work-related/aggravated ailment; that despite being apprised of his intention to submit himself for medical examination, CSMSI failed to refer him to a company-designated physician, and insisted that he was fit for work; and, that left with no choice but to seek medical attention on his own at the PGH, PHC and POH, he was constrained to file his complaint for disability benefits, sickness allowance, damages and attorney's fees.[13] In refutation, CSMSI, Morcilla and CMEGT averred that the tests administered on Esguerra at the Jebel Ali Medical Centre revealed that he was in good health; and, that disregarding the finding that he continued to be fit for work, Esguerra insisted on his repatriation and filed his complaint without submitting himself to a post-employment medical examination within three (3) working days upon his return.[14]  Finding in favor CSMSI, Morcilla and CMEGT, Labor Arbiter Florentino R. Darlucio went on to render the 29 January 2004 Decision, dismissing the complaint on the ground that Esguerra failed to prove his disability and to submit himself to a post-employment medical examination by a company-designated physician, pursuant to Section 20-B of the POEA SEC.[15]

    With the affirmance of the Labor Arbiter's decision in the 30 June 2003 Resolution issued by the NLRC's First Division in NLRC NCR CA No. 039292-04,[16] Esguerra filed the petition for certiorari docketed before the CA as CA-G.R. SP No. 90298. On 29 August 2008, the CA's Seventh Division rendered the herein assailed decision reversing the NLRC's 30 June 2003 resolution, upon the following findings and conclusions, viz.: (a) the medical certifications issued by Drs. Vicaldo and Saguin indicate that respondent is entitled to temporary disability benefits corresponding to Impediment Grade VII (41.8%) which was assessed as a consequence of the illness he suffered during the period of his employment; (b) the post-employment medical examination by a company-designated physician under POEA Memorandum Circular No. 055-96 (Revised Standard Employment Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels) is not absolute and admits of exceptions; (c) petitioner's failure to refer him to a company-designated physician justified respondent's resort to the physicians who declared him "unfit for work" and assessed his Impediment Grade as aforesaid; and, (d) respondent is entitled to a sickness allowance equivalent to four months' salary.[17]

    CSMSI's motion for reconsideration of the foregoing decision was denied for lack of merit in the CA's second assailed Resolution dated 11 November 2008,[18] hence, this petition.

    The Issues

    CSMSI seeks the reversal of the CA's assailed resolutions on the following grounds, to wit:

    1. The ruling of the Court of the Court of Appeals reversing and setting aside the findings of fact and conclusions of law of Labor Arbiter Florentino R. Darlucio, which was affirmed in toto by the National Labor Relations Commission (NLRC), First Division, is contrary to the evidence on record and runs afoul with prevailing jurisprudence.

    2. The Court of Appeals misappreciated the evidence and applied the POEA Standard Employment Contract of 1996 instead of the Revised Terms and Conditions for Seafarers on Board Ocean-Going vessels, which is part and parcel of the Contract of Employment entered into between Esguerra and the petitioner on May 9, 2003.[19]

    The Court's Ruling

    We find the petition impressed with merit.

    Viewed in light of the fact that Esguerra's contract of employment was executed on 9 May 2003, CSMSI correctly faults the CA for applying POEA Memorandum Circular No. 055-96 instead of the 2000 POEA-SEC which took effect on 25 June 2000.  Deemed written in the seafarer's contract of employment,[20] the 2000 POEA-SEC - like its predecessor - was designed primarily for the protection and benefit of Filipino seamen in the pursuit of their employment on board ocean-going vessels.[21]  Anent a seafarer's entitlement to compensation and benefits for injury and illness, Section 20-B (3) thereof provides as follows:

    "Section 20-B.Compensation and Benefits for Injury and Illness. --

    xxxx

    3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician, but in no case shall this period exceed one hundred twenty (120) days.E

    For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.

    If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the employer and the seafarer. The third doctor's decision shall be final and binding on both parties. (Emphasis added.)

    The foregoing provision has been interpreted to mean that it is the company-designated physician who is entrusted with the task of assessing the seaman's disability,[22]  whether total or partial, due to either injury or illness, during the term of the latter's employment.[23]  Concededly, this does not mean that the assessment of said physician is final, binding or conclusive on the claimant, the labor tribunal or the courts.[24] Should he be so minded, the seafarer has the prerogative to request a second opinion and to consult a physician of his choice[25] regarding his ailment or injury, in which case the medical report issued by the latter shall be evaluated by the labor tribunal and the court, based on its inherent merit.[26]  For the seaman's claim to prosper, however, it is mandatory that he should be examined by a company-designated physician within three days from his repatriation.[27] Failure to comply with this mandatory reporting requirement without justifiable cause shall result in forfeiture of the right to claim the compensation and disability benefits provided under the POEA-SEC.[28]

    There is no dispute regarding the fact that Esguerra had altogether failed to comply with the above-discussed mandatory reporting requirement. Beyond his bare assertion, however, that CSMSI "never gave him referrals to continue his medications as recommended by the foreign doctor" despite his call on 8 July 2003 "to inform them that he will report the next day in order to submit his medical evaluation abroad," Esguerra did not present any evidence to prove justification for his inability to submit himself to a post-employment medical examination by a company-designated physician.  If a written notice is required of a seafarer who is physically incapacitated for purposes of compliance with said requirement, we fail to see why a more tangible proof should not likewise be expected of Esguerra who, after his arrival on 7 July 2003, appears to have been well enough to consult with Dr. Vicaldo and Dr. Saguin on 9 July 2003.[29]  Indeed, self-serving and unsubstantiated declarations are insufficient to establish a case before quasi-judicial bodies where the quantum of evidence required to establish a fact is substantial evidence.[30]  Often described as more than a mere scintilla,[31] substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, even if other equally reasonable minds might conceivably opine otherwise.[32]

    To our mind, Esguerra's compliance with the mandatory reporting requirement under the POEA-SEC was made even more imperative by the fact that his repatriation for medical reasons was categorically disputed by CSMSI.  Consistent with the 5 July 2003 diagnosis made by Dr. Tulmar at the Jebel Ali Medical Centre declaring him "not fit for work until complete cardiac evaluation is done" and advising him "to rest until then,"[33] it appears that Esguerra underwent serology, hematology, biochemistry and x-ray diagnostic tests which yielded no significant findings relative to the back and chest pains he claims to have suffered.[34]  Although the 5 July 2003 notation made on the M/V Gondwana Chief Officer's Logbook states that he was "advised to be repatriated" on the same day and "to continue his medication in the Philippines," no less than Esguerra himself confirmed in his 6 July 2003 letter to the Jebel Ali police/coastguard that he had yet to undergo a compete cardiac evaluation and that CSMSI's foreign principal, NSLF, had refused to shoulder his repatriation expenses on the ground that he was unable to finish his contract.[35]

    Quite significantly, Esguerra also filed his complaint on 16 July 2003[36] or even before his impediment rating was definitively assessed by either Dr. Vicaldo or Dr. Saguin.  Our perusal of the record further shows that, by and of themselves, the medical certifications upon which Esguerra anchored his claims for disability benefits and sickness allowance were not supported by such diagnostic tests and/or procedures as would adequately refute the normal results of those administered to him at the Jebel Ali Medical Centre.  Working on a vague diagnosis of "lower back problem," Dr. Saguin appears to have caused Esguerra to undergo physical therapy and prescribed him pain medications[37] similar to those he was already given abroad.[38] While Dr. Vicaldo also issued the 18 July 2003 medical certification, diagnosing Esguerra to be suffering from "Coronary Artery Disease, Stable Angina Pectoris,"[39] his justification for the assessment of an "Impediment Grade VII (41.8%)" was merely anchored on the following general impressions, to wit:

    - This patient/seaman presented with a history of shortness of breath, easy fatigue and chest pain [i]n June, 2003;

    - He was seen in Dubai UAE where his ECG showed right bundle branch block.

    - He was also seen at the PGH where he was treated [for] chronic stable angina.

    - At present, he still complains of easy fatigue and chest pain.

    - He is now unfit to resume work as seaman in any capacity.

    - His illness is considered work aggravated.

    - He would require antianginal medic[ine] to relieve his recurrent chest pain.

    - He is at risk for developing full blown coronary artery disease in the future which may present as acute myocardial infarction.

    - Having recurrent chest pain obviously impairs his quality of life.

    - He needs lifestyle [modification] to improve his prognosis.  This includes nicotine abstinence, dietary adjustments and physical exercise."[40]

    Granted that strict rules of evidence are not applicable in claims for compensation,[41] and mere probability and not the ultimate degree of certainty is regarded as the touchstone or test of proof in compensation proceedings,[42] it cannot be gainsaid that awards of compensation cannot rest in speculations or presumptions.[43] In the absence of showing of adequate tests and reasonable findings to support the same, the divergent Impediment Grades assessed by Dr. Vicaldo and Dr. Saguin cannot be expediently taken at face value.  In Magsaysay Maritime Corporation vs. Velasquez,[44] this Court significantly brushed aside the evidentiary value of a recommendation made by Dr. Vicaldo which was likewise "based on a single medical report which outlined the alleged findings and medical history" of the claimant-seafarer.  In Montoya vs. Transmed Manila Corporation,[45] a similar fate was dealt the same doctor's plain statement of the supposed work-relation/work-aggravation of a seafarer's ailment which was "not supported by any reason or proof submitted together with the assessment or in the course of the arbitration."

    We are well aware of the principle that, consistent with the purposes underlying the formulation of the POEA-SEC, its provisions must be applied fairly, reasonably and liberally in favor of the seafarers, for it is only then that its beneficent provisions can be fully carried into effect.[46]  This exhortation cannot, however, be taken to sanction the award of disability benefits and sickness allowance based on flimsy evidence and/or even in the face of an unjustified non-compliance with the mandatory reporting requirement under the POEA-SEC.  When the language of the contract is explicit and leaves no doubt as to the intention of its drafters, the rule is settled that courts may not read into it any other intention that would contradict its plain import.[47] While we sympathize with Esguerra's plight, we are, therefore, constrained to deny his claims for disability benefits and sickness allowance absent proof of compliance with the requirements set forth in Section 20 (B), paragraph (3) of the POEA-SEC.

    WHEREFORE, premises considered, the petition is GRANTED and the assailed Decision dated 29 August 2008 is, accordingly, REVERSED and SET ASIDE.  In lieu thereof, another is entered REINSTATING the 30 June 2004 Resolution issued by the NLRC and 29 January 2004 Decision rendered by Labor Arbiter Florentino R. Darlucio.

    SO ORDERED.

    Carpio, (Chairperson), Brion, Bersamin,* and Sereno, JJ., concur.

    Endnotes:


    * Associate Justice Lucas P. Bersamin is designated as Additional Member per Special Order No. 1053 dated 29 July 2011

    [1] Rollo, pp. 32-42, CA's 29 August 2008 Decision.

    [2] Id. at 41.

    [3] PEME Results from the San Marcelino Medical Clinic, id. at 63-66.

    [4] Contract of Employment, id. at 66.

    [5] Esguerra's Position Paper as quoted in the Labor Arbiter's 29 January 2004 Decision in NLRC-OFW Case No. (M) 03-07-1784-00, id. at 45.

    [6] Sometimes referred to as Dr. Talmur, id. at 47.

    [7] Jebel Ali Medical Centre Test Results, id. at 81-84.

    [8] Esguerra's 6 July 2003 letter as quoted in the CA's 29 August 2008 Decision in CA-G.R. No. 90298, id. at 36-37.

    [9] PGH Request Form and Prescriptions, id. at 85-87.

    [10]  Esguerra's 16 July 2003 complaint, id. at 96.

    [11]  Dr. Vicaldo's Medical Certificate and Prescriptions, id. at 88-91.

    [12]  Dr. Saguin's Medical Certification and Prescriptions, id. at 92-95.

    [13]  Esguerra's Position Paper as quoted in the Labor Arbiter's 29 January 2004 Decision in NLRC-OFW Case No. (M) 03-07-1784-00, id. at 45-50.

    [14]  CSMSI's Position Paper, id. at 51-52.

    [15]  Labor Arbiter's 29 January 2004 Decision in NLRC-OFW Case No. (M) 03-07-1784-00, id. at 44-56.

    [16]  NLRC's 30 June 2004 Resolution in NLRC NCR CA No. 039292-04, id. at 56a-62.

    [17]  CA's 29 August 2008 Decision in CA-G.R. No. 90298, id. at 32-42.

    [18]  CA's 11 November 2008 Resolution in CA-G.R. No. 90298, id. at 43.

    [19]  Id. at 10.

    [20]  Masangcay v. Trans-Global Maritime Agency, Inc., G.R. No. 172800, 17 October 2008, 569 SCRA 592, 608 .

    [21]  Bergensen D.Y. Philippines, Inc. v. Estenzo, G.R. No. 141269, 9 December 2005, 477 SCRA 150, 157.

    [22]  Magsaysay Maritime Corp. v. Velasquez, G.R. No. 179802, 14 November 2008, 571 SCRA 239, 248.

    [23]  German Marine Agencies, Inc. v. NLRC, 403 Phil. 572, 588 (2001).

    [24]  Maunlad Transport, Inc. v. Manigo, Jr., G.R. No. 161416, 13 June 2008, 554 SCRA 446, 457 .

    [25]  NYK-Fil Ship Management, Inc. v. Talavera, G.R. No. 175894, 14 November 2008, 571 SCRA 183, 193.

    [26]  HFS Philippines, Inc. v. Pilar, G.R. No. 168716, 16 April 2009, 585 SCRA 315, 326.

    [27]  Cootauco v. MMS Phil. Maritime Services, Inc., G.R. No. 184722, 15 March 2010, 615 SCRA 529, 543.

    [28]  Sarocam v. Interorient Maritime Ent., Inc., G.R. No. 167813, 27 June 2006, 493 SCRA 502, 512.

    [29]  Rollo, pp. 90; 93.

    [30]  Uniwide Sales Warehouse Club v. National Labor Relations Commission, G.R. No. 154503, 29 February 2008, 547 SCRA 220, 238.

    [31]  Spouses Aya-ay v. Arpahil Shipping Corporation, G.R. No. 155359, 31 January 2006, 481 SCRA 282, 294.

    [32]  Oriental Shipmanagement Co., Inc. v. Bastol, G.R. No. 186289, 29 June 2010, 622 SCRA 352, 377.

    [33]  Rollo, p. 97.

    [34]  Id. at 81-84.

    [35]  Id. at 36-37.

    [36]  Id. at 96.

    [37]  Id. at 92.

    [38]  Id. at 81.

    [39]  Id. at 88.

    [40]  Id. at 89.

    [41]  Heirs of the Late R/O Aniban v. NLRC, 347 Phil. 46, 54 (1997).

    [42]  Bonilla v. Court of Appeals, 395 Phil. 162, 167 (2000).

    [43]  Riño v. Employees' Compensation Commission, 387 Phil. 612, 620 (2000).

    [44]  G.R. No. 179802, 14 November 2008, 571 SCRA 239, 251.

    [45]  G.R. No. 183329, 27 August 2009, 597 SCRA 334, 347.

    [46]  Seagull Maritime Corp. v. Dee, G.R. No. 165156, 2 April 2007, 520 SCRA 109, 121-122.

    [47]  Supra note 23 at 588-589.
    >

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


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