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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
 

   
January-2011 Jurisprudence                 

  • G.R. No. 181298 : January 10, 2011 BELLE CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 176339 : January 10, 2011 DO-ALL METALS INDUSTRIES, INC., SPS. DOMINGO LIM and LELY KUNG LIM, Petitioners, v. SECURITY BANK CORP., TITOLAIDO E. PAYONGAYONG, EVYLENE C. SISON, PHIL. INDUSTRIAL SECURITY AGENCY CORP. and GIL SILOS, Respondents.

  • G.R. No. 188792 : January 10, 2011 SPOUSES GEORGE R. TAN and SUSAN L. TAN, Petitioners, v. BANCO DE ORO UNIBANK, INC., Respondent. G.R. Nos. 190677-78 : January 10, 2011 GEORGE R. TAN and SUSAN L. TAN, Petitioners, v. BANCO DE ORO UNIVERSAL BANK, Respondent. G.R. Nos. 190699-700 : January 10, 2011 BANCO DE ORO UNIBANK, INC., Petitioner, v. GEORGE R. TAN and SUSAN L. TAN, Respondents.

  • G.R. No. 190889 : January 10, 2011 ELENITA C. FAJARDO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 180452 : January 10, 2011 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. Ng Yik Bun, Kwok Wai Cheng, Chang Chaun Shi, Chua Shilou Hwan, Kan Shun Min, and RaymOnd S. Tan, Accused-Appellants.

  • G.R. No. 171379 : January 10, 2011 JOSE MARQUES and MAXILITE TECHNOLOGIES, INC., Petitioners, v. FAR EAST BANK AND TRUST COMPANY, FAR EAST BANK INSURANCE BROKERS, INC., and MAKATI INSURANCE COMPANY, Respondents. G.R. No. 171419 : January 10, 2011 FAR EAST BANK AND TRUST COMPANY and MAKATI INSURANCE COMPANY, Petitioners, v. JOSE MARQUES and MAXILITE TECHNOLOGIES, INC., Respondents.

  • G.R. No. 181930 : January 10, 2011 MILAGROS SALTING, Petitioner, v. JOHN VELEZ and CLARISSA R. VELEZ, Respondents.

  • A.M. No. RTJ-09-2188 (Formerly A.M. OCA-IPI No. 08-2995-RTJ) : January 10, 2011 PROSECUTOR HILARIO RONSON H. TILAN, Complainant, v. JUDGE ESTER PISCOSO-FLOR, RTC, BRANCH 34, BANAUE, IFUGAO, Respondent.

  • G.R. No. 184954 : January 10, 2011 PEOPLE OF THE PHILIPPINES, Appellee, v. JAY LORENA y LABAG, Appellant.

  • G.R. No. 190122 : January 10, 2011 SPOUSES ISAGANI and DIOSDADA CASTRO, Petitioners, v. SPOUSES REGINO SE and VIOLETA DELA CRUZ, SPOUSES EDUARDO and CHARITO PEREZ and MARCELINO TOLENTINO, Respondents.

  • G.R. No. 188314 : January 10, 2011 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. KHADDAFY JANJALANI, GAMAL B. BAHARAN a.k.a. Tapay, ANGELO TRINIDAD a.k.a. Abu Khalil, GAPPAL BANNAH ASALI a.k.a. Maidan or Negro, JAINAL SALI a.k.a. Abu Solaiman, ROHMAT ABDURROHIM a.k.a. Jackie or Zaky, and other JOHN and JANE DOES, Accused, GAMAL B. BAHARAN a.k.a. Tapay, ANGELO TRINIDAD a.k.a. Abu Khalil, and ROHMAT ABDURROHIM a.k.a. Abu Jackie or Zaky, Accused-Appellants.

  • G.R. No. 178895 : January 10, 2011 REPUBLIC OF THE PHILIPPINES, represented by the DEPARTMENT OF AGRARIAN REFORM, through the HON. SECRETARY NASSER C. PANGANDAMAN, Petitioner, v. SALVADOR N. LOPEZ AGRI-BUSINESS CORP., represented by SALVADOR N. LOPEZ, JR., President and General Manager, Respondent. G.R. No. 179071 : January 10, 2011 SALVADOR N. LOPEZ AGRI-BUSINESS CORP., represented by SALVADOR N. LOPEZ, JR., President and General Manager, Petitioner, v. DEPARTMENT OF AGRARIAN REFORM, through the Honorable Secretary, Respondent.

  • G.R. No. 179446 : January 10, 2011 LOADMASTERS CUSTOMS SERVICES, INC., Petitioner, v. GLODEL BROKERAGE CORPORATION AND R&B INSURANCE CORPORATION, Respondents.

  • G.R. No. 182547 : January 10, 2011 CHINA BANKING CORPORATION, Petitioner, v. ARMI S. ABEL, Respondent.

  • G.R. No. 168646 : January 12, 2011 LUZON DEVELOPMENT BANK, Petitioner, v. ANGELES CATHERINE ENRIQUEZ, Respondent. G.R. No. 168666 : January 12, 2011 DELTA DEVELOPMENT and MANAGEMENT SERVICES, INC., Petitioner, v. ANGELES CATHERINE ENRIQUEZ and LUZON DEVELOPMENT BANK, Respondents.

  • G.R. No. 167291 : January 12, 2011 PRINCE TRANSPORT, INC. and MR. RENATO CLAROS, Petitioners, v. DIOSDADO GARCIA, LUISITO GARCIA, RODANTE ROMERO, REX BARTOLOME, FELICIANO GASCO, JR., DANILO ROJO, EDGAR SANFUEGO, AMADO GALANTO, EUTIQUIO LUGTU, JOEL GRAMATICA, MIEL CERVANTES, TERESITA CABANES, ROE DELA CRUZ, RICHELO BALIDOY, VILMA PORRAS, MIGUELITO SALCEDO, CRISTINA GARCIA, MARIO NAZARENO, DINDO TORRES, ESMAEL RAMBOYONG, ROBETO* MANO, ROGELIO BAGAWISAN, ARIEL SNACHEZ, ESTAQULO VILLAREAL, NELSON MONTERO, GLORIA ORANTE, HARRY TOCA, PABLITO MACASAET and RONALD GARCITA, Respondents.

  • G.R. No. 172508 : January 12, 2011 HEIRS OF SANTIAGO C. DIVINAGRACIA, Petitioner, v. HON. J. CEDRICK O. RUIZ, Presiding Judge, Branch 39, Regional Trial Court, Iloilo City; GERRY D. SUMACULUB, as Clerk of Court of the Regional Trial Court; BOMBO RADYO HOLDINGS, INC., and ROGELIO M. FLORETE, SR., Respondents

  • G.R. No. 178296 : January 12, 2011 THE HERITAGE HOTEL MANILA, acting through its owner, GRAND PLAZA HOTEL CORPORATION, Petitioner, v. NATIONAL UNION OF WORKERS IN THE HOTEL, RESTAURANT AND ALLIED INDUSTRIES-HERITAGE HOTEL MANILA SUPERVISORS CHAPTER (NUWHRAIN-HHMSC), Respondent.

  • G.R. No. 179419 : January 12, 2011 DURBAN APARTMENTS CORPORATION, doing business under the name and style of City Garden Hotel, Petitioner, v. PIONEER INSURANCE AND SURETY CORPORATION, Respondent.

  • G.R. NO. 189806 : January 12, 2011 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANCISCO MANLANGIT y TRESBALLES, Accused-Appellant.

  • G.R. No. 191721 : January 12, 2011 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROGELIO DOLORIDO y ESTRADA, Accused-Appellant.

  • G.R. No. 175330 : January 12, 2010 PEOPLE OF THE PHILIPPINES, Appellee, v. RODOLFO CAPITLE and ARTURO NAGARES, Appellants.

  • G.R. No. 175891 : January 12, 2011 REPUBLIC OF THE PHILIPPINES, Petitioner, v. RESINS, INCORPORATED, Respondent.

  • G.R. No. 176019 : January 12, 2011 BPI FAMILY SAVINGS BANK, INC., Petitioner, v. GOLDEN POWER DIESEL SALES CENTER, INC. and RENATO C. TAN, Respondents.

  • A.M. No. P-09-2696 [Formerly A.M. OCA IPI No. 08-2956-P] : January 12, 2011 FREDDY H. REYES, Complainant, v. VIVIAN L. PABILANE, COURT INTERPRETER, MUNICIPAL TRIAL COURT, TAGKAWAYAN, QUEZON, Respondent.

  • G.R. No. 190640 : January 12, 2011 PEOPLE OF THE PHILIPPINES, Appellee, v. LUIS PAJARIN y DELA CRUZ and EFREN PALLAYA y TUVIERA, Appellants.

  • A.M. No. P-06-2179 (Formerly A.M. No. 06-5-169-MCTC) : January 12, 2011 OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. MERLINDA T. CUACHON, Clerk of Court, and FE P. ALEJANO, Court Stenographer, both of the MCTC, Ilog-Candoni, Negros Occidental, Respondents.

  • A.C. No. 8620 : January 12, 2011 JESSIE R. DE LEON, Complainant, v. ATTY. EDUARDO G. CASTELO, Respondent.

  • G.R. No. 190521 : January 12, 2011 LETICIA TAN, MYRNA MEDINA, MARILOU SPOONER, ROSALINDA TAN, and MARY JANE TAN, MARY LYN TAN, CELEDONIO TAN, JR., MARY JOY TAN, and MARK ALLAN TAN, represented herein by their mother, LETICIA TAN, Petitioners, v. OMC CARRIERS, INC. and BONIFACIO ARAMBALA, Respondents.

  • G.R. No. 148076 : January 12, 2011 ANTONIO M. CARANDANG, Petitioner, v. HONORABLE ANIANO A. DESIERTO, OFFICE OF THE OMBUDSMAN, Respondent. G.R. No. 153161 : January 12, 2011 ANTONIO M. CARANDANG, Petitioner, v. SANDIGANBAYAN (FIFTH DIVISION), Respondent.

  • G.R. No. 172378: January 17, 2011 SILICON PHILIPPINES, INC., (Formerly INTEL PHILIPPINES MANUFACTURING, INC.), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 185163 : January 17, 2011 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CARLO MAGNO AURE y ARNALDO and MELCHOR AUSTRIACO y AGUILA, Accused-Appellants.

  • G.R. No. 176389 : January 18, 2011 ANTONIO LEJANO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. G.R. No. 176864 : January 18, 2011 PEOPLE OF THE PHILIPPINES, Appellee, v. HUBERT JEFFREY P. WEBB, ANTONIO LEJANO, MICHAEL A. GATCHALIAN, HOSPICIO FERNANDEZ, MIGUEL RODRIGUEZ, PETER ESTRADA and GERARDO BIONG, Appellants.

  • CONCURRING OPINION : SERENO, J. : G.R. No. 176389 : January 18, 2011 ANTONIO LEJANO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. G.R. No. 176864 : January 18, 2011 PEOPLE OF THE PHILIPPINES, Appellee, v. HUBERT JEFFREY P. WEBB, ANTONIO LEJANO, MICHAEL A. GATCHALIAN, HOSPICIO FERNANDEZ, MIGUEL RODRIGUEZ, PETER ESTRADA and GERARDO BIONG, Appellants.

  • A.M. No. P-10-2788 : January 18, 2011 OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. CLAUDIO M. LOPEZ, Process Server, Municipal Trial Court, Sudipen, La Union, Respondent.

  • A.M. No. RTJ-09-2198*: January 18, 2011 OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. FORMER JUDGE LEONARDO L. LEONIDA, OF THE REGIONAL TRIAL COURT BRANCH 27, STA. CRUZ, LAGUNA, Respondent.

  • G.R. No. 180388 : January 18, 2011 GREGORIO R. VIGILAR, SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), DPWH UNDERSECRETARIES TEODORO E. ENCARNACION AND EDMUNDO E. ENCARNACION AND EDMUNDO V. MIR, DPWH ASSISTANT SECRETARY JOEL L. ALTEA, DPWH REGIONAL DIRECTOR VICENTE B. LOPEZ, DPWH DISTRICT ENGINEER ANGELITO M. TWAÑO, FELIX A. DESIERTO OF THE TECHNICAL WORKING GROUP VALIDATION AND AUDITING TEAM, AND LEONARDO ALVARO, ROMEO N. SUPAN, VICTORINO C. SANTOS OF THE DPWH PAMPANGA 2ND ENGINEERING DISTRICT, Petitioners, v. ARNULFO D. AQUINO , Respondent.

  • G.R. No. 182591 : January 18, 2011 MODESTO AGYAO, JR., Petitioner, v. CIVIL SERVICE COMMISSION, Respondent.

  • G.R. No. 165423: January 19, 2011 NILO PADRE, Petitioner, v. FRUCTOSA BADILLO, FEDILA BADILLO, PRESENTACION CABALLES, EDWINA VICARIO (d) represented by MARY JOY VICARIO-ORBETA and NELSON BADILLO, Respondents.

  • G.R. No. 168757: January 19, 2011 RENATO REAL, Petitioner, v. SANGU PHILIPPINES, INC. and/ or KIICHI ABE, Respondents.

  • G.R. No. 172577 : January 19, 2011 SOLEDAD DALTON, Petitioner, v. FGR REALTY AND DEVELOPMENT CORPORATION, FELIX NG, NENITA NG, and FLORA R. DAYRIT or FLORA REGNER, Respondents.

  • G.R. No. 173085 : January 19, 2011 PHILIPPINE VETERANS BANK, Petitioner, v. BASES CONVERSION DEVELOPMENT AUTHORITY, LAND BANK OF THE PHILIPPINES , ARMANDO SIMBILLO, CHRISTIAN MARCELO, ROLANDO DAVID, RICARDO BUCUD, PABLO SANTOS, AGRIFINA ENRIQUEZ, CONRADO ESPELETA, CATGERUBE CASTRO, CARLITO MERCADO and ALFREDO SUAREZ, Respondent.

  • G.R. No. 178044 : January 19, 2011 ALAIN M. DIÑO, Petitioner, v. MA. CARIDAD L. DIÑO, Respondent.

  • G.R. No. 177937 : January 19, 2011 ROBINSONS GALLERIA/ROBINSONS SUPERMARKET CORPORATION and/or JESS MANUEL, Petitioners, v. IRENE R. RANCHEZ, Respondent.

  • G.R. No. 187725 : January 19, 2011 BENJAMIN JESALVA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 187917 : January 19, 2011 METROPOLITAN BANK & TRUST COMPANY, Petitioner, v. SPOUSES EDMUNDO MIRANDA and JULIE MIRANDA, Respondents.

  • G.R. No. 176264 : January 10, 2011 PEOPLE OF THE PHILIPPINES, APPELLEE, VS. TERESITA "TESSIE" LAOGO, APPELLANT.

  • A.M. OCA IPI No. 08-127-CA-J : January 11, 2011 RE: LETTER-COMPLAINT OF ATTY. ARIEL SAMSON C. CAYETUNA, ET AL., ALL EMPLOYEES OF ASSOCIATE JUSTICE MICHAEL P. ELBINIAS AGAINST ASSOCIATE JUSTICE MICHAEL P. ELBINIAS, CA - MINDANAO STATION

  • G.R. No. 176264 : January 10, 2011 PEOPLE OF THE PHILIPPINES, APPELLEE, VS. TERESITA "TESSIE" LAOGO, APPELLANT.

  • A.M. OCA IPI No. 08-127-CA-J : January 11, 2011 RE: LETTER-COMPLAINT OF ATTY. ARIEL SAMSON C. CAYETUNA, ET AL., ALL EMPLOYEES OF ASSOCIATE JUSTICE MICHAEL P. ELBINIAS AGAINST ASSOCIATE JUSTICE MICHAEL P. ELBINIAS, CA - MINDANAO STATION

  • A.M. No. 08-4-253-RTC : January 12, 2011 IN RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT, BRANCH 45, URDANETA CITY, PANGASINAN, AND REPORT ON THE INCIDENT AT BRANCH 49, SAME COURT.

  • G.R. No. 178741 : January 17, 2011 ROSALINO L. MARABLE, PETITIONER, VS. MYRNA F. MARABLE, RESPONDENT.

  • A.M. No. RTJ-10-2255 (Formerly OCA IPI No. 10-3335-RTJ) : January 17, 2011 SPOUSES DEMOCRITO AND OLIVIA LAGO, COMPLAINANTS, UDGE GODOFREDO B. ABUL, JR., REGIONAL TRIAL COURT, BRANCH 43, GINGOOG CITY, RESPONDENT.

  • G. R. No. 177790 : January 17, 2011 REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. CARLOS R. VEGA, MARCOS R. VEGA, ROGELIO R. VEGA, LUBIN R. VEGA, HEIRS OF GLORIA R. VEGA, NAMELY: FRACISCO L. YAP, MA. WINONA Y. RODRIGUEZ, MA. WENDELYN V. YAP AND FRANCISCO V. YAP, JR., RESPONDENTS, ROMEA G. BUHAY-OCAMPO, FRANCISCO G. BUHAY, ARCELI G. BUHAY-RODRIGUEZ, ORLANDO G. BUHAY, SOLEDAD G. BUHAY-VASQUEZ, LOIDA G. BUHAY-SENADOSA, FLORENDO G. BUHAY, OSCAR G. BUHAY, ERLYN BUHAY-GINORGA, EVELYN BUHAY-GRANETA, AND EMILIE BUHAY-DALLAS, RESPONDENTS-INTERVENORS.

  • G.R. No. 191459 : January 17, 2011 BERNADETH LONDONIO AND JOAN CORCORO, PETITIONERS, VS. BIO RESEARCH, INC. AND WILSON Y. ANG, RESPONDENTS.

  • [A.M. No. RTJ-09-2173 (Formerly A.M. OCA IPI No. 09-3084-RTJ) : January 18, 2011] OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JUDGE BENJAMIN P. ESTRADA, REGIONAL TRIAL COURT, BRANCH 9, MALAYBALAY CITY, BUKIDNON, AND JUDGE JOSEFINA GENTILES-BACAL, RTC, BRANCH 10, MALAYBALAY CITY, BUKIDNON, Respondents.

  • [A.M. No. P-03-1730 (Formerly OCA IPI No. 02-1469-P) : January 18, 2011] JUDGE PHILBERT I. ITURRALDE, MARTIN GUMARANG, VIC JUMALON, LEONARDO LUCAS, WILFREDO DEUS, CORAZON AZARRAGA AND ALICE BUENAFE, Complainants, v. OIC BRANCH CLERK OF COURT BABE SJ. RAMIREZ, CLERK VIOLETA P. FLORDELIZA AND SHERIFF IV CARLOS A. SALVADOR, Respondents.

  • [A.M. No. RTJ-07-2062* : January 18, 2011] IMELDA R. MARCOS, Complainant, v. JUDGE FERNANDO VIL PAMINTUAN, Respondent.

  • [A.M. No. RTJ-09-2198* : January 18, 2011] OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. FORMER JUDGE LEONARDO L. LEONIDA, OF THE REGIONAL TRIAL COURT BRANCH 27, STA. CRUZ, LAGUNA, Respondent

  • [A.M. No. P-11-2887 (Formerly A.M. No. 09-2-32-MTCRe: Report on the Financial Audit Conducted on the Books of Accounts of the Municipal Trial Court, Pantabangan, Nueva Ecija) : January 18, 2011] OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. MARISSA U. ANGELES,CLERK OF COURT II, MUNICIPAL TRIAL COURT, PANTABANGAN, NUEVA ECIJA, Respondent [A.M. NO. P-10-2880 (FORMERLY OCA IPI NO. 08-2782-P) : January 18, 2011] JUDGE ANALIE C. ALDEA-AROCENA, Complainant, v. MARISSA U. ANGELES, CLERK OF COURT II, MUNICIPAL TRIAL COURT, PANTABANGAN NUEVA ECIJA, Respondent.

  • [A.M. No. 07-6-14-CA : January 18, 2011] RE: ANONYMOUS LETTER RELATIVE TO THE ALLEGED CORRUPTION IN THE COURT OF APPEALS, CAGAYAN DE ORO CITY

  • [A.M. No. P-10-2799 : January 18, 2011] OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. VICTORIO A. DION, FORMER CLERK OF COURT, MUNICIPAL CIRCUIT TRIAL COURT, SAN FABIAN-SAN JACINTO, PANGASINAN, Respondents

  • [G. R. No. 175352 : January 18, 2011] DANTE V. LIBAN, REYNALDO M. BERNARDO AND SALVADOR M. VIARI, Petitioners, v. RICHARD J. GORDON, Respondent. PHILIPPINE NATIONAL RED CROSS, Intervenor

  • [G. R. No. 175352 : January 18, 2011] : CONCURRING OPINION - ABAD, J.: DANTE V. LIBAN, REYNALDO M. BERNARDO AND SALVADOR M. VIARI, Petitioners, v. RICHARD J. GORDON, Respondent. PHILIPPINE NATIONAL RED CROSS, Intervenor.

  • [G. R. No. 175352 : January 18, 2011] : DISSENTING OPINION - CARPIO, J.: DANTE V. LIBAN, REYNALDO M. BERNARDO AND SALVADOR M. VIARI, Petitioners, v. RICHARD J. GORDON, Respondent. PHILIPPINE NATIONAL RED CROSS, Intervenor.

  • [G.R. No. 179617 : January 19, 2011] COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. ASIAN TRANSMISSION CORPORATION, Respondent.

  • [G.R. No. 187917 : January 19, 2011] METROPOLITAN BANK & TRUST COMPANY, Petitioner, v. SPOUSES EDMUNDO MIRANDA AND JULIE MIRANDA, Respondents.

  • [G.R. No. 187725 : January 19, 2011] BENJAMIN JESALVA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • [G.R. No. 173085 : January 19, 2011] PHILIPPINE VETERANS BANK, Petitioner, v. BASES CONVERSION DEVELOPMENT AUTHORITY, LAND BANK OF THE PHILIPPINES, ARMANDO SIMBILLO, CHRISTIAN MARCELO, ROLANDO DAVID, RICARDO BUCUD, PABLO SANTOS, AGRIFINA ENRIQUEZ, CONRADO ESPELETA, CATGERUBE CASTRO, CARLITO MERCADO AND ALFREDO SUAREZ, Respondents.

  • [A.M. No. MTJ-09-1734 [FORMERLY OCA I.P.I. NO. 07-1933-MTJ] : January 19, 2011] FLORENDA V. TOBIAS, Complainant, v. JUDGE MANUEL Q. LIMSIACO, JR., PRESIDING JUDGE, MUNICIPAL CIRCUIT TRIAL COURT, VALLADOLID-SAN ENRIQUE-PULUPANDAN, NEGROS OCCIDENTAL, Respondent.

  • [G.R. No. 165423 : January 19, 2011] NILO PADRE, Petitioner, v. FRUCTOSA BADILLO, FEDILA BADILLO, PRESENTACION CABALLES, EDWINA VICARIO (D) REPRESENTED BY MARY JOY VICARIO-ORBETA AND NELSON BADILLO, Respondents.

  • [G.R. No. 154462 : January 19, 2011] SPOUSES RUBEN AND MYRNA LEYNES, Petitioners, v. FORMER TENTH DIVISION OF THE COURT OF APPEALS, REGIONAL TRIAL COURT, BRANCH 21, BANSALAN, DAVAO DEL SUR, MUNICIPAL CIRCUIT TRIAL COURT, BRANCH 1, BANSALAN, DAVAO DEL SUR, AND SPOUSES GUALBERTO & RENE CABAHUG-SUPERALES, Respondents.

  • [A.M. No. RTJ-11-2267 (Formerly A.M. OCA IPI No. 03-1788-RTJ) : January 19, 2011] MANSUETA T. RUBIN, Complainant, v. JUDGE JOSE Y. AGUIRRE, JR., REGIONAL TRIAL COURT, BRANCH 55, HIMAMAYLAN, NEGROS OCCIDENTAL, Respondent.

  • [G.R. No. 185715 : January 19, 2011] PEOPLE OF THE PHILIPPINES, Appellee, v. ERLINDA CAPUNO Y TISON, Appellant.

  • [G.R. No. 177570 : January 19, 2011] PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NELIDA DEQUINA Y DIMAPANAN, JOSELITO JUNDOC Y JAPITANA & NORA JINGABO Y CRUZ, Accused-Appellants.

  • [G.R. No. 183843 : January 19, 2011] GOLDEN ARCHES DEVELOPMENT CORPORATION, Petitioner, v. ST. FRANCIS SQUARE HOLDINGS, INC., Respondent.

  • [G.R. No. 180909 : January 19, 2011] EXXONMOBIL PETROLEUM AND CHEMICAL HOLDINGS, INC. - PHILIPPINE BRANCH, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • [G.R. No. 178039 : January 19, 2011] PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ERNESTO UYBOCO Y RAMOS, Defendant-Appellant.

  • [G.R. No. 184063 : January 24, 2011] CYNTHIA E. YAMBAO, Petitioner, v. REPUBLIC OF THE PHILIPPINES AND PATRICIO E. YAMBAO, Respondents.

  • [G.R. No. 176438 : January 24, 2011] PHILIPPINE DEPOSIT INSURANCE CORPORATION (PDIC), Petitioner, v. PHILIPPINE COUNTRYSIDE RURAL BANK, INC., RURAL BANK OF CARMEN (CEBU), INC., BANK OF EAST ASIA (MINGLANILLA, CEBU) INC., AND PILIPINO RURAL BANK (CEBU), INC., Respondents.

  • [G.R. No. 160923 : January 24, 2011] MOISES TINIO, JR. AND FRANCIS TINIO, Petitioners, v. NATIONAL POWER CORPORATION, Respondent. [G.R. NO. 161093 : January 24, 2011] NATIONAL POWER CORPORATION, Petitioner, v. MOISES TINIO, JR. AND FRANCIS TINIO, Respondent.

  • [G.R. No. 169942 : January 24, 2011] BARANGAY DASMARIÑAS THRU BARANGAY CAPTAIN MA. ENCARNACION R. LEGASPI, Petitioner, v.CREATIVE PLAY CORNER SCHOOL, DR. AMADO J. PIAMONTE, REGINA PIAMONTE TAMBUNTING, CELINE CONCEPCION LEBRON AND CECILE CUNA COLINA, Respondents.

  • [G.R. No. 172804 : January 24, 2011] GONZALO VILLANUEVA, REPRESENTED BY HIS HEIRS, Petitioner, v. SPOUSES FROILAN AND LEONILA BRANOCO, Respondents.

  • [G.R. No. 192280 : January 25, 2011] SERGIO G. AMORA, JR., PETITIONER, VS. COMMISSION ON ELECTIONS AND ARNIELO S. OLANDRIA, RESPONDENTS.

  • [A.M. No. P-07-2364 : January 25, 2011] REPORT ON THE FINANCIAL AUDIT CONDUCTED ON THE BOOKS OF ACCOUNT OF SONIA L. DY AND ATTY. GRACIANO D. CUANICO, JR., REGIONAL TRIAL COURT, CATARMAN, NORTHERN SAMAR. A.M. NO. P-11-2902 (FORMERLY OCA I.P.I. NO. 08-2790-P) VIRGILIO O. GALLANO, COMPLAINANT, VS. ATTY. GRACIANO D. CUANICO, JR., CLERK OF COURT, AND SONIA L. DY, SOCIAL WELFARE OFFICER II, BOTH FROM THE OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT,CATARMAN, NORTHERN SAMAR, RESPONDENTS.

  • [G.R. No. 167622 : January 25, 2011] GREGORIO V. TONGKO, PETITIONER, VS. THE MANUFACTURERS LIFE INSURANCE CO. (PHILS.), INC. AND RENATO A. VERGEL DE DIOS, RESPONDENTS.

  • [A.M. No. P-90-488 : January 25, 2011] OFFICE OF THE COURT ADMINISTRATOR COMPLAINANT, VS. JOSE M. RAMANO, DEPUTY SHERIFF, REGIONAL TRIAL COURT, BRANCH 140, MAKATI CITY, RESPONDENT.

  • [G.R. No. 191198 : January 26, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NENE QUIAMANLON Y MALOG, ACCUSED-APPELLANT.

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  • [G.R. No. 184202 : January 26, 2011] AQUINAS SCHOOL, PETITIONER, VS. CARPIO, J., CHAIRPERSON, NACHURA, PERALTA, ABAD, AND MENDOZA, JJ. SPS. JOSE INTON AND MA. VICTORIA S. INTON, ON THEIR BEHALF AND ON BEHALF OF THEIR MINOR CHILD, JOSE LUIS S. INTON, AND SR. MARGARITA YAMYAMIN, OP, RESPONDENTS.

  • [G.R. No. 181833 : January 26, 2011] INTERNATIONAL FREEPORT TRADERS, INC., PETITIONER, VS. DANZAS INTERCONTINENTAL, INC., RESPONDENT.

  • [G.R. No. 181146 : January 26, 2011] THE UNIVERSITY OF THE IMMACULATE CONCEPTION AND MO. MARIA ASSUMPTA DAVID, RVM, PETITIONERS, VS. NATIONAL LABOR RELATIONS COMMISSION AND TEODORA AXALAN, RESPONDENTS.

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  • [G.R. No. 159471 : January 26, 2011] ATLAS CONSOLIDATED MINING AND DEVELOPMENT CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

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  • [A.M. No. P-09-2627 : January 26, 2011] REINA EDENLYNE GARCIA, COMPLAINANT, VS. ROBERT V. ALEJO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 142, MAKATI CITY RESPONDENT.

  • [A.M. No. P-10-2817 [Formerly OCA I.P.I. No.09-3089-P] : January 26, 2011] CORAZON TENORIO, REPRESENTED BY IMELDA TENORIO-ORTIZ, COMPLAINANT, VS. ALYN C. PERLAS, SHERIFF III,RESPONDENT.

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  • [G.R. No. 174725 : January 26, 2011] ALEXANDER B. GATUS, Petitioner, v. SOCIAL SECURITY SYSTEM, Respondent.

  • [G.R. No. 172224 : January 26, 2011] OFFICE OF THE OMBUDSMAN, Petitioner, v. COURT OF APPEALS AND DINAH C. BARRIGA, Respondents.

  • IN RE: IN THE MATTER OF THE PETITION TO APPROVE THE WILL OF RUPERTA PALAGANAS WITH PRAYER FOR THE APPOINTMENT OF SPECIAL ADMINISTRATOR, MANUEL MIGUEL PALAGANAS AND BENJAMIN GREGORIO PALAGANAS, Petitioners, v. ERNESTO PALAGANAS, Respondent.

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  • [G.R. Nos. 187912-14 : January 31, 2011] JOEY P. MARQUEZ, PETITIONER, VS. THE SANDIGANBAYAN 5TH DIVISION AND THE OFFICE OF THE SPECIAL PROSECUTOR, RESPONDENTS.

  • [G.R. No. 176287 : January 31, 2011] HOSPITAL MANAGEMENT SERVICES, INC. - MEDICAL CENTER MANILA, PETITIONER, VS. HOSPITAL MANAGEMENT SERVICES, INC. - MEDICAL CENTER MANILA EMPLOYEES ASSOCIATION-AFW AND EDNA R. DE CASTRO, RESPONDENTS.

  • [A.M. No. RTJ-11-2270 [FORMERLY A.M. NO. OCA IPI NO. 10-3380-RTJ] : January 31, 2011] ELADIO D. PERFECTO, COMPLAINANT, VS. JUDGE ALMA CONSUELO DESALES-ESIDERA, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 20, CATARMAN, NORTHERN SAMAR, RESPONDENT.

  • [G.R. No. 185685 : January 31, 2011] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. NIETO A. RACHO, RESPONDENT.

  • [G.R. No. 191889 : January 31, 2011] SPS. IRENEO T. FERNANDO (SUBSTITUTED BY THEIR HEIRS, RONALDO M. FERNANDO, CONCORDIA FERNANDO-JAYME, ESMERALDA M. FERNANDO, ANTONETTE M. FERNANDO-REGONDOLA, FERDINAND M. FERNANDO, AND JEAN MARIE FERNANDO-CANSANAY), AND MONSERRAT MAGSALIN FERNANDO, PETITIONERS, VS. MARCELINO T. FERNANDO, RESPONDENT. MATIAS I. FERNANDO AND PANFILO M. FERNANDO,[1] IN THEIR CAPACITY AS ADMINISTRATORS [OF THE ESTATE] OF THE LATE JULIANA T. FERNANDO, RESPONDENTS-INTERVENORS.

  • [G.R. No. 175473 : January 31, 2011] HILARIO P. SORIANO, PETITIONER, VS. HON. MARIA THERESA V. MENDOZA-ARCEGA, AS PRESIDING JUDGE OF BRANCH 17, REGIONAL TRIAL COURT, MALOLOS, BULACAN; AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 181039 : January 31, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. SEVILLANO DELOS REYES Y LANTICAN, APPELLANT.

  • [G.R. No. 185535 : January 31, 2011] MANILA INTERNATIONAL AIRPORT AUTHORITY, PETITIONER, VS. REYNALDO (REYMUNDO[1]) AVILA, CALIXTO AGUIRRE, AND SPS. ROLANDO AND ANGELITA QUILANG, RESPONDENTS.

  • [G.R. No. 180013 : January 31, 2011] DEL MONTE PHILIPPINES INC. EMPLOYEES AGRARIAN REFORM BENEFICIARIES COOPERATIVE (DEARBC), PETITIONER, VS. JESUS SANGUNAY AND SONNY LABUNOS, RESPONDENTS.

  • [G.R. No. 179961 : January 31, 2011] KEPCO PHILIPPINES CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 192898 : January 31, 2011] SPOUSES ALEXANDER TRINIDAD AND CECILIA TRINIDAD, PETITIONERS, VS. VICTOR ANG, RESPONDENT.

  • [G.R. No. 168501 : January 31, 2011] ISLRIZ TRADING/ VICTOR HUGO LU, PETITIONER, VS. EFREN CAPADA, LAURO LICUP, NORBERTO NIGOS, RONNIE ABEL, GODOFREDO MAGNAYE, ARNEL SIBERRE, EDMUNDO CAPADA, NOMERLITO MAGNAYE AND ALBERTO DELA VEGA, RESPONDENTS.

  • [G.R. No. 186120 : January 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EVANGELINE SOBANGEE Y EDAÑO, ACCUSED-APPELLANT.

  • [G.R. No. 190889 : January 10, 2011] ELENITA C. FAJARDO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A.M. No. RTJ-09-2189 (Formerly A.M. OCA IPI No. 08-2837-RTJ) : January 18, 2011] VICTORIANO SY,COMPLAINANT, VS. JUDGE OSCAR E. DINOPOL, REGIONAL TRIAL COURT, BRANCH 24, KORONADAL CITY, RESPONDENT. D E C I S I O N

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    A.M. No. RTJ-09-2198*: January 18, 2011   OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. FORMER JUDGE LEONARDO L. LEONIDA, OF THE REGIONAL TRIAL COURT BRANCH 27, STA. CRUZ, LAGUNA, Respondent.

     

    EN BANC

    A.M. No. RTJ-09-2198*: January 18, 2011

    OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. FORMER JUDGE LEONARDO L. LEONIDA, OF THE REGIONAL TRIAL COURT BRANCH 27, STA. CRUZ, LAGUNA, Respondent.

    D E C I S I O N

    Per Curiam:

    This administrative case at bench stemmed from a judicial audit and inventory of pending cases conducted by the Office of the Court Administrator (OCA), in Branch 27, Regional Trial Court, Sta. Cruz, Laguna (Branch 27, Sta. Cruz), and in Branch 74, Regional Trial Court, Malabon City (Branch 74, Malabon).

    The audits were conducted because respondent Judge Leonardo L. Leonida (Judge Leonida) applied for Optional Retirement effective July 5, 2008. Judge Leonida was the presiding judge of Branch 27, Sta. Cruz, from October 1997 until his retirement and was detailed as assisting judge of Branch 74, Malabon.

    On May 21, 2009, then Court Administrator Jose P. Perez issued a Memorandum1cralaw on the audit team's findings, among which are: chanrob1esvirtwallawlibrary

    1) As of audit date, March 5 and 6, 2009, Branch 27, Sta. Cruz had a total caseload of 507 cases consisting of 280 criminal cases and 227 civil cases based on the records actually presented to, and examined by, the audit team.

    2) Out of the total number of pending criminal cases, no further action was taken after varying considerable periods of time in 14 cases.2cralawredlaw

    3) Pending incidents and motions filed by parties in 8 criminal cases3cralaw were left unresolved for more than one (1) year in 3 cases, and three months in 2 cases.

    4) Twenty-nine (29) criminal cases4cralaw submitted for decision, the earliest in 2001, were undecided.

    5) Of the 227 civil cases lodged in the court, no setting for hearing and no further action was taken on 46 cases.5cralawredlaw

    6) Twenty-four (24) civil cases6cralaw have pending motions/incidents awaiting resolution, the earliest since 2002.

    7) Fifty-seven (57) civil cases7cralaw submitted for decision from 2000 to 2009 were undecided at the time of the audit.

    8) In the course of the audit in Branch 27, Sta. Cruz, several records of criminal cases were found to be incomplete. The records were not paginated. Certificates of arraignment, minutes of hearings and notices of hearing were missing from the files.

    9) The record of one case, Criminal Case No. 12178,8cralaw an appealed case submitted for resolution, is missing and is in the possession of Judge Leonida as per certification issued by Atty. Bernadette Platon, the Branch Clerk of Court.9cralawredlaw

    Regarding Branch 74, Malabon City, the OCA also looked into the Monthly Report of Cases submitted by said branch for August-October 2008 and January-March 2008 and noted that 95 criminal cases and 18 civil cases were submitted for decision.10cralaw Considering that Judge Leonida applied for Optional Retirement effective July 5, 2008, he should have decided 91 of the 95 submitted criminal cases and 16 of the 18 submitted civil cases.

    In sum, Judge Leonida failed to decide 102 criminal cases and 43 civil cases both in Branch 27 and Branch 74, and failed to resolve motions in ten (10) civil cases in Branch 27.

    The same report bears the recommendations of the OCA that were eventually adopted by the Court in a Resolution dated July 29, 2009,11cralaw to wit: chanrob1esvirtwallawlibrary

    (1) RE-DOCKET the judicial audit report as an administrative complaint against former Judge Leonardo L. Leonida for gross incompetence and inefficiency; chanroblesvirtualawlibrary

    (2) REQUIRE Judge Leonida to MANIFEST whether he is willing to submit the case for decision on the basis of the pleadings/records already filed and submitted, within ten (10) days from notice; chanroblesvirtualawlibrary

    (3) DIRECT: chanrob1esvirtwallawlibrary

    (a) Hon. Jaime C. Blancaflor, Acting Presiding Judge, RTC, Branch 27, Sta. Cruz, Laguna to: chanrob1esvirtwallawlibrary

    (1) TAKE APPROPRIATE ACTION on Criminal Case Nos. xxx which are without further action for a considerable length of time; chanroblesvirtualawlibrary

    (2) RESOLVE with dispatch the pending incidents/motions in Criminal Case Nos. xxx and furnish the Court, through the OCA, a copy of the resolution/order within ten (10) days from issuance/resolution thereof; and

    (3) DECIDE with dispatch Criminal Case Nos. xxx and Furnish the Court, through the OCA, a copy of the decision within ten (10) days from its promulgation; and

    (b) Atty. Bernadette Platon, Branch Clerk of Court, to: chanrob1esvirtwallawlibrary

    (1) APPRISE the Acting Presiding Judge, from time to time, of cases submitted for resolution/decision and those cases that require immediate action; chanroblesvirtualawlibrary

    (2) ORDER the stitching of all orders issued, minutes taken, notices of hearing issued, certificates of arraignment in all appropriate case folders especially those jointly tried, including their chronological arrangement and pagination as well as the proofreading of all orders and notices; and

    (3) SUBMIT report of compliance therewith to this Court within fifteen (15) days from notice.

    On October 4, 2009, Judge Leonida filed an Urgent Motion for Extension of Time to File Manifest and Memorandum.12cralaw He cited the short period compounded by the typhoons and floods which ravaged Manila as his reason for requesting an additional period of twenty (20) days within which to file the same. In its October 28, 2009 Resolution, the Court noted Judge Leonida's motion.

    On October 22, 2009, Judge Leonida filed a Manifest and Memorandum13cralaw expressing his willingness to submit the case for decision based on the pleadings. He explained that he failed to finalize and promulgate cases pending in his sala because of the severely clogged docket of Branch 74. With an overwhelming number of more than 1,000 cases, he calendared an average of 30 cases daily in order to "keep all the cases moving." According to Judge Leonida, "the court sessions together with the preparation/correction/review of the orders in the cases set for hearing almost ate up" his time as a judge. The fact that Branch 74, a commercial court, was still included in the raffle of regular cases exacerbated the situation. Voluminous pleadings requiring extensive dissection and research, and cases involving numerous intervenors who raised different and complex issues, made matters much more difficult that he even had to conduct hearings on applications for search and seizures until nighttime. Judge Leonida further claimed that his work encroached upon the time he had to devote to his wife and eight children. Finally, the reconstruction and review of case records submerged in flood waters added up to his struggle to expedite the disposition of cases assigned to his court.

    Anent the missing record in Branch 27, Judge Leonida alleged that the case was raffled to said branch long after he assumed the position of Assisting Judge of Branch 74; that he neither saw nor had possession of the said record; and that there was no reason for him to take the record anywhere. He pleaded for compassion and leniency from the Court, invoking his unblemished record in government service for twenty-three (23) years. He likewise offered his sincere apologies to those who were prejudiced.

    In its evaluation of the charges against Judge Leonida, the OCA recommended that for his failure to resolve motions in ten (10) civil cases; decide eleven (11) criminal cases, and twenty-seven (27) civil cases in Branch 27, and to decide ninety-one (91) criminal cases and sixteen (16) civil cases in Branch 74, he be found guilty of gross incompetency and inefficiency, and fined the amount of P 50,000.00 pesos to be deducted from his retirement benefits.

    The recommendations of the OCA are well-taken.

    Precedents have shown that the failure of a judge to decide a case within the reglementary period warrants administrative sanction. The Court treats such cases with utmost rigor for any delay in the administration of justice; no matter how brief, deprives the litigant of his right to a speedy disposition of his case.14cralaw Not only does it magnify the cost of seeking justice; it undermines the people's faith and confidence in the judiciary, lowers its standards and brings it to disrepute.15cralawredlaw

    No less than Section 15 (1), Article 8 of the 1987 Constitution mandates that all cases or matters filed before all lower courts shall be decided or resolved within three (3) months from the date of submission. The prescribed period is a firm mandatory rule for the efficient administration of justice and not merely one for indulgent tweaking.

    As a general principle, rules prescribing the time within which certain acts must be done, or certain proceedings taken, are considered absolutely indispensable to the prevention of needless delays and for the orderly and speedy discharge of judicial business. By their very nature, these rules are regarded as mandatory.16cralaw In the same vein, Canon 3, Rule 3.05 of the Code of Judicial Conduct is emphatic in enjoining judges to administer justice without delay by disposing of the court's business promptly and deciding cases within the period prescribed by law.

    Corollary to this, Administrative Circular No. 3-99 dated January 15, 1999, requires all judges to scrupulously observe the periods prescribed in the Constitution for deciding cases, because failure to comply therewith violates the constitutional right of the parties to speedy disposition of the cases.17cralaw Only in certain meritorious cases, that is, those involving difficult questions of law or complex issues, may a longer period to decide the case be allowed but only upon proper application for extension of the period has been made by the concerned judge.18cralawredlaw

    Judge Leonida was clearly remiss in his duties as a judge for he did not take the above constitutional command to heart. Neither did he observe the above rules which have encapsulated the Court's strict message: "the need and the imperative" for judges to promptly and expeditiously decide cases including all incidents therein.19cralaw In this case, the findings of the OCA showed that Judge Leonida failed to decide a considerable number of cases: (102) criminal cases and forty-three (43) civil cases. Judge Leonida openly admitted his culpability in the delay of disposition of cases.

    His proffered explanation is unacceptable given the ample period that he had. He cannot take refuge behind the common excuse of heavy caseload to justify his failure to decide and resolve cases promptly. He could have asked the Court for a reasonable period of extension to dipose of the cases but did not.

    Due to his inefficiency, the constitutional right of parties to a speedy trial was violated out of neglect. Instead of justice wrought by efficient and competent handling of judicial business, the lower courts handled and assisted by Judge Leonida produced unnecessary financial strain, not to mention physical and emotional anxiety, to litigants. Delay derails the administration of justice. It postpones the rectification of wrong and the vindication of the unjustly prosecuted. It crowds the dockets of the courts, increasing the costs for all litigants, pressuring judges to take short cuts, interfering with the prompt and deliberate disposition of those cases in which all parties are diligent and prepared for trial, and overhanging the entire process with the pall of disorganization and insolubility. More than these, possibilities for error in fact-finding multiply rapidly between the original fact and its judicial determination as time elapses. If the facts are not fully and accurately determined, even the wisest judge cannot distinguish between merit and demerit. If courts do not get the facts right, there is little chance for their judgment to be right.20cralawredlaw

    The Court has always considered a judge's delay in deciding cases within the prescribed period of three months as gross inefficiency. 21cralaw Undue delay cannot be countenanced at a time when the clogging of the court dockets is still the bane of the judiciary. The raison d' etre of courts lies not only in properly dispensing justice but also in being able to do so seasonably.22cralawredlaw

    Aside from the delay in deciding the reported cases, the audit findings likewise show that the case records/rollo in Branch 27 were not chronologically arranged. Certificates of arraignment, minutes of hearings and notices of hearing were unsigned by the accused and his/her counsel, or worse, missing from the files. Judge Leonida was asked to explain the whereabouts of the case records of Criminal Case No. 12178. His bare denial however, does not overcome the fair conclusion that Section 14 of Rule 136 of the Rules of Court23cralaw was not observed. The expectation directed at judges to exercise utmost diligence and care in handling the records of cases was certainly not met, or at least approximated.

    The administration of justice demands that those who don judicial robes be able to comply fully and faithfully with the task set before them.24cralaw As frontline officials of the judiciary, judges should, at all times, act with efficiency and with probity. They are duty-bound not only to be faithful to the law, but likewise to maintain professional competence. The pursuit of excellence must be their guiding principle. This is the least that judges can do to sustain the trust and confidence which the public reposed on them and the institution they represent.25cralawredlaw

    Therefore, as recommended by the OCA after a thorough judicial audit and considering the unrebutted audit reports on record, proper sanctions must be imposed. The penalty imposed for undue delay in deciding cases varies in each case: from fine, suspension, suspension and fine, and even dismissal, depending mainly on the number of cases left undecided within the reglementary period, and other factors, such as the damage suffered by the parties as a result of the delay, the health and the age of the judge.26cralawredlaw

    The Court agrees with the OCA that the total number of cases which Judge Leonida failed to timely decide or act on warrants a fine higher than that prescribed by the rules. In Lugares v. Judge Gutierrez-Torres,27cralaw the defaulting judge who was found guilty of gross inefficiency for her undue delay in resolving cases submitted for decision for a number of years was dismissed from the service.

    In view of Judge Leonida's retirement on July 5, 2008, the only penalty that the Court can impose against him is a fine, pursuant to the rule that the retirement of a judge does not release him from liability incurred while in the active service.

    WHEREFORE, the Court finds respondent Judge Leonardo Leonida, former Presiding Judge of Branch 27, Regional Trial Court, Sta. Cruz, Laguna, and Assisting Judge in Branch 74, Regional Trial Court, Malabon City, GUILTY of gross incompetence and gross inefficiency for failure to decide one hundred two (102) criminal cases and forty-three (43) civil cases for which he is FINED P 50,000.00 to be deducted from his retirement/gratuity benefits.

    Judge Jaime C. Blancaflor, Acting Presiding Judge, RTC, Branch 27, Sta. Cruz, Laguna, and Atty. Bernadette Platon, Branch Clerk of Court, are hereby ordered to report on their respective compliance with the orders of the Court contained in its July 29, 2009 Order, within ten (10) days from receipt hereof. The Court notes that, in its February 10, 2010 Resolution, Judge Blancaflor was granted a non-extendible period of sixty (60) to comply with its July 29, 2009 Order.

    Judge Blancaflor is hereby ordered to cause the reconstitution of Criminal Case No. 12178 within three (3) months from receipt hereof and to report his compliance thereon within ten (10) days from completion.

    Atty. Bernadette Platon is hereby ordered to include the status of said case in her Monthly Report of Cases.

    SO ORDERED.

    CORONA, C.J., CARPIO, CARPIO MORALES, VELASCO, JR., NACHURA, LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN, DEL CASTILLO, ABAD, VILLARAMA, JR., PEREZ,** MENDOZA, and SERENO, JJ.



    cralaw Endnotes:

    * Formerly A.M. No. 09-5-232-RTC.

    * * No part.

    1cralaw Id. at 1-21.

    2cralaw Case Nos. 4697, 8562, 11247, 9652, 9653, 9654, 9651, 9655, 11952, 11099, 11428, 10996, 10090, 8602.

    3cralaw Case Nos. 12460, 12000, 7178, 11236, 13006, 7112, 7122, 11804.

    4cralaw Case Nos. 6998, 4859, 6130, 8457, 7887, 7302, 8169, 10032, 8304, 7636, 8419, SC-6623, 7701, SC-8438, 8864, 8833, 9138, 9801, 8541, 8681, 8867, SC-10730, SC-13000, 9649, SC-10912, SC- 9059, 11084, 11907, 11802.

    5cralaw Case Nos. 4214, SP-1783, 1687, LRC 786, SP 2110, 4078, 3616, SC- 3913, 4431, 154 (06), SC- 3941, SP 150 (06), SP Pet. 200, SP. Pet. 184, 4352, Sp Pro. 307, 4444, Sp 289, SP 213, 4683, 3934, SP 1673, SP 2059, SC-4591, SP 24, SP 37, SP 40, SP 42, SP 141, SP 253, SP 297, SC 319, SP 2284, SP 55, SC 368, SP 1749, SC-4593, 3445, 4404, 4666, SC-3844, LRC 15, LRC 16, LRC 39, SP 216, 4741.

    6cralaw Case Nos. SC-4118, SC-4174, SC-4153, 4022, SC-4096, SP-1879, CAD 2 lot 1145 OCT 21128, 4318, SC-4519, SC-3870, SC 4668, SP 1981, SP 737, SC 4346, SC 4045, LRC 638, SC-3842, LRC 143 (06), SC- 3885, SC-4674, 4193, 3294, 4412, 4581.

    7cralaw Case Nos. SC 3098, SC-3440, 3856, SC-3226, SC-3982, 4046, SC-4208, SC-3313, SC-3988, LRC CAD No.8, SC 4053, SC-3707, SC-3981, SC-3239, 3873, SC-4372, 4099, SC-4157, SC-4201, 4330, SC-4320, SC-4369, SC-3876, SC-2147, SC-3966, SC-4087, 3585, SC-1769, 1686, 4592, SC-4395, SC-4151, SP Pet. 373, 4038, SP 123 (05), SCA 4678, SC 4686, SC-4361, 1372, 4719, 4699, 4069, 4469, 2705, 2447, 4616, 4312, 4324, 4694, 4620, Sp-472 (08), Sp-501 (08), Sp Pet 443, SP-500-08, SC-4180, 3651, SP-528 (08).

    8cralaw Entitled People v. Leonila Cruz.

    9cralaw Rollo, p. 92.

    10cralaw Id. at 15-18.

    11cralaw Id. at 159-162.

    12cralaw Id. at 163.

    13cralaw Id. at 342-343.

    14cralaw OCA v. Garcia-Blanco, A.M. No. RTJ-05-1941, April 25, 2006, 488 SCRA 109, 121, citing Bangco v. Gatdula, 428 Phil. 598, 604 (2002).

    15cralaw Duque v. Garrido,, A.M. No. RTJ-06-2027, February 27, 2009, 580 SCRA 321, 327.

    16cralaw Balajedeong v. Del Rosario, A.M. No. MTJ-07-1662, June 8, 2007, 524 SCRA 13, 17, citing Gachon v. Devera, Jr., G.R. No. 116695, June 20 1997, 274 SCRA 540, 548-549.

    17cralaw Re: Cases Submitted for Decision Before Hon. Meliton G. Emuslan, Former Judge, Regional Trial Court, Branch 47, Urdaneta City, Pangasinan , Resolution A.M. No. RTJ-10-2226, March 22, 2010.

    18cralaw Lopez v. Alon, 324 Phil. 396, 398 (1996).

    19cralaw Isip Jr. v. Nogoy, 448 Phil. 210, 222 (2003).

    20cralaw Atty. Victoriano V. Orocio v. Justice Vicente Q. Roxas, A.M. Nos. 07-115-CA-J and CA-08-46-J, August 19, 2008, 562 SCRA 347, 357, citing Southern Pac. Transport. Co. v. Stoot, 530 S.W.2d 930, 931 (Tex. 1975) .

    21cralaw Guintu v. Judge Lucero, 329 Phil. 704, 711 (1996).

    22cralaw Dee C. Chuan & Sons, Inc., A.M. No. RTJ-05-1917, April 16, 2009, 585 SCRA 93, 98, citing Concerned Trial Lawyers of Manila v. Veneracion, A.M. No. RTJ-05-1920, 26 April 2006, 488 SCRA 285, 296 and Lim, Jr. v. Magallanes, A.M. No. RTJ-05-1932, 2 April 2007, 520 SCRA 12.

    23cralaw "No record shall be taken from the clerk's office without an order of the court except as otherwise provided by these rules." chanroblesvirtualawlibrary

    24cralaw OCA v. Legaspi Jr., A.M. No. MTJ-06-1661, January 25, 2007, 512 SCRA 570, 583.

    25cralaw Re: Report on the judicial audit in the RTC, Br. 32, Manila, 481 Phil. 431, 447 (2004), citing Juan De los Santos v. Mangino, 453 Phil. 467, 479 (2003).

    26cralaw Re: Judicial Audit Conducted in the Regional Trial Court, Branch 6, Tacloban City, A.M. No. RTJ-09-2171, March 17, 2009, 581 SCRA 585, 592.

    27cralaw A.M. No. MTJ-08-1719, November 23, 2010.

    A.M. No. RTJ-09-2198*: January 18, 2011   OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. FORMER JUDGE LEONARDO L. LEONIDA, OF THE REGIONAL TRIAL COURT BRANCH 27, STA. CRUZ, LAGUNA, Respondent.


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