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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.

  • [G.R. No. 187320 : January 26, 2011] ATLANTA INDUSTRIES, INC. AND/OR ROBERT CHAN, PETITIONERS, VS. APRILITO R. SEBOLINO, KHIM V. COSTALES, ALVIN V. ALMOITE, AND JOSEPH S. SAGUN, RESPONDENTS.

  • [G.R. No. 186528 : January 26, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. HEMIANO DE JESUS AND RODELO MORALES, ACCUSED-APPELLANTS.

  • [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.

  • [G.R. No. 192237 : January 26, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JACQUILINE PAMBID Y CORTEZ, ACCUSED-APPELLANT.

  • [G.R. No. 179428 : January 26, 2011] PRIMO E. CAONG, JR., ALEXANDER J. TRESQUIO, AND LORIANO D. DALUYON, PETITIONERS, VS. AVELINO REGUALOS, RESPONDENT.

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

  • [G.R. No. 167459 : January 26, 2011] JOSE REYNALDO B. OCHOSA, PETITIONER, VS. BONA J. ALANO AND REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

  • [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.

  • [G.R. No. 185166 : January 26, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARK LESTER DELA ROSA Y SUELLO, ACCUSED-APPELLANT.

  • [G.R. No. 177685 : January 26, 2011] HEIRS OF RAMON C. GAITE, CYNTHIA GOROSTIZA GAITE AND RHOGEN BUILDERS, PETITIONERS, VS. THE PLAZA, INC. AND FGU INSURANCE CORPORATION, RESPONDENTS.

  • [G.R. No. 176819 : January 26, 2011] PEOPLE OF THE PHILIPPINES, Petitioner, v. ROBERT P. BALAO, JOSEPHINE C. ANGSICO, VIRGILIO V. DACALOS, AND SANDIGANBAYAN, FIRST DIVISION, Respondents.

  • [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.

  • [G.R. No. 184091 : January 31, 2011] EDWARD GARRICK VILLENA AND PERCIVAL DOROJA, Petitioners, v. PEOPLE OF THE PHILIPPINES, NOMAR B. DEGERON, CHRISTIAN DANDAN, AND ELIZABETH BORCELIS, Respondents.

  • [G.R. No. 182301 : January 31, 2011] JAIME ALFEREZ, Petitioner, v. PEOPLE OF THE PHILIPPINES AND PINGPING CO, Respondents.

  • [G.R. No. 188847 : January 31, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RUFINO VICENTE, JR. Y CRUZ, ACCUSED-APPELLANT.

  • [G.R. No. 175404 : January 31, 2011] CARGILL PHILIPPINES, INC., PETITIONER, VS. SAN FERNANDO REGALA TRADING, INC., RESPONDENT.

  • [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

  •  





     
     

    [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

     
    EN BANC

    [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

    D E C I S I O N

     

    CARPIO MORALES, J.:

     

    By Resolution[1] of July 10, 2007, the Court En Banc resolved to require Court of Appeals Associate Justices Rodrigo F. Lim, Jr. (Justice Lim) and Mario V. Lopez (Justice Lopez), and 21st Division Clerk of Court  Cherry Hope Valledor-Ignes (Atty. Ignes), who are all based in Cagayan de Oro, to COMMENT on the June 10, 2007 anonymous letter addressed to then Chief Justice Reynato S. Puno requesting him to take action on alleged corruption taking place at the said Court of Appeals station.cralaw

    Pertinent portions of the letter are reproduced below, quoted verbatim:
    x x x x

    We are respectfully requesting you to take action of the corruption in the Court of Appeals, Cagayan de Oro City.cralaw

    The Court of Appeals, Cagayan de Oro City, is highly politicize or shall we say "Politicize Judiciary". Wherein those with political connections and influence can always get favorable decisions or resolutions and worst, those cases whose merits are not favorable to the people in power would not be decided and left in the dust in one corner of the stockroom.cralaw

    Let me cite you some examples.cralaw

    In one case involving employees in the Province of Zamboanga where it has already been over two (2) years since the case was submitted for decision but until this time no decision has come out yet which is contrary to the rules of the Court of Appeals that required cases to be decided within one (1) year from the time it has been submitted for decision.cralaw

    It has come to our attention that this case involves rank and file regular employees of the provincial government that were illegally dismissed by Governor Cerilles. It has already been decided by the Civil Service Commission (CSC for brevity), En Banc, that their termination was illegal. As a matter of fact they were dismissed from their employment because they were identified to be supporters of the previous governor.

    Their professional lives and the lives and future of their family and children are now uncertain because even if the CSC has already decided in their favor but the Court of Appeals, through Justice Rodrigo Lim issued an injunction order that enjoined the implementation of the CSC decision. BUT for over two (2) years now "INUUPUAN LANG NI JUSTICE LIM ANG KASO".

    Speculation arose that in whatever angle he will look at the case it would be difficult to reverse the decision of the CSC. Information leaked that it was the father of Gov. Cerilles who talked to Justice Lim and made some arrangements. MAY USAPAN PALA SILA?

    Another case in point is the case of Mayor Galario, City Mayor of Valencia City, Bukidnon where the Office of the Ombudsman ordered for his suspension for two (2) months.

    The Mayor filed a case to the CA-Cagayan de Oro and sought for the issuance of a TRO but to his dismay he was denied of the TRO he was seeking.

    In the case of Ombudsman vs. Laja, G.R. No. 169241, May 2, 2006, the Honorable Supreme Court in affirming the decision of the CA Cagayan de Oro, ruled that in case where the penalty of suspension is more than one (1) month the law gives the respondent the time to appeal. The order of suspension shall only become final after the lapse of the period to appeal if no appeal is perfected. It is only then that the execution becomes final.cralaw

    In the case of Mayor Galario, CA-Cagayan de Oro City shows inconsistency. He made a timely appeal and the appeal supposedly prevented his suspension from being executory but the CA-CDO did not hear his case. WHY THEY GAVE A TRO OR INJUNCTION TO THE CASE OF LAJA AND WHY THEY CAN'T GIVE THE SAME TREATMENT IN THE CASE OF MAYOR GALARIO?cralaw

    The answer is simple, CORRUPTION.cralaw

    It is of public knowledge in Cagayan de Oro City that the Court of Appeals through Justice Lim solicited cash donations from Gov. Zubirri who is a political enemy of Mayor Galario.cralaw

    In all the Christmas Parties (December 2005 and 2006) of the Court of Appeals-Cagayan de Oro, Governor Zubirri has been donating not less that P50,000.00 in cash.cralaw

    How could Mayor Galario get justice and fair treatment to his case when his arch enemy is one of the biggest contributor of cash to the CA-Cagayan de Oro Christmas Parties?cralaw

    In the case of Mayor Galarion, the ponente is no other than JUSTIS [sic] LIM
    .cralaw

    There are also many cases where the CA-Cagayan de Oro that were treated unfairly. It is always; THE PERSON WHO IS IN POWER AND HAS THE INFLUENCE DUE TO HIS POLITICAL POSITION IS ALWAYS GIVEN THE FAVOR.cralaw

    PAANO NA LANG KAMI AN ORDINARYONG MAMAMAYAN LAMANG?cralaw

    Many cases in the Court of Appeals, Cagayan de Oro City that were decided base on WHOM YOU KNOW. If you do not know any justice in the CA-CDO then in most instances your case will not be given priority.cralaw

    There are also cases that the parties already made an amicable settlement but it take years for CA-CDO Justices to grant the settlement and dismissed the case while there are also cases that were decided earlier but not in accordance with the hierarchy or rules on priority of cases.cralaw

    On[e] case where there is already an amicable settlement is handled by Justice Lopez. There was already a joint manifestation of all parties that economic benefits will be released but up to this time it remains unresolved. There was already an agreement by all parties but it is hard to understand why it took him so long to resolve it. It is a very simple issue to be resolved but for a long period of time it still remains unresolved by Justice Lopez.cralaw

    We are also watching this Justice Lopez because he has a reputation to succumb easily to pressures especially from those who are occupying elective position.cralaw

    It is also of common knowledge here among practicing lawyers that if you want to get a TRO or Injunction we should talk to a certain Atty. Cherry Ignes, Clerk of Court of the 21st Division. As we found out she talked it out with the lawyer of the justice who is assigned to the case and request for the issuance of a TRO or Injunction.cralaw

    In the case of FERROCHROME vs. CEPALCO, CEPALCO was issued a TRO with the help of Atty. Ignes. We received information that one of the lawyers working for CEPALCO is the one who made the follow up through her. This lawyer is her classmate at law school.cralaw

    Atty. Ignes, also made ENTRY OF JUDGMENTS in many cases even if these case were appealed to the Supreme Court. Because of her action it caused confusion to the parties of these cases. One of the cases is involving Montessori de Oro School.


    These acts of Atty. Ignes degrades the judicial system. She has no place in our judiciary and she ought to be dismissed from the service.cralaw

    x x x x

    We only hope that you will take action on this matter and through your desire of cleansing the judiciary you will have a judiciary that will have the support and confidence of the people. As you have said, "It is only the capital of the judiciary. If you lose this capital, you will lose the ball game.cralaw

    Please understand that we are not divulging our identities in order not to affect the cases we are handling and unfair reprisal against our clients. Rest assured that from time to time we will inform your Honorable Office on whatever transgression and travesty on the judiciary and the judicial system that will be happening in our place.cralaw

    More power to you and your family! (emphasis and underscoring supplied)

    In her August 31, 2007 Comment,[2] Atty. Ignes decried her portrayal in the anonymous letter as "akin to a [T]emporary [R]estraining [O]rder fixer" in obvious reference to the TRO issued in CA-G.R. SP No. 00880, "Cagayan de Oro Electric Power and Light Co., Inc. (CEPALCO) v. Hon. Leonardo Demecillo and Ferrochrome Phils, Inc."

    Atty. Ignes claimed that she was unaware of CEPALCO's urgent motion for resolution of its application for a TRO[3] which was filed on March 3, 2006 as she had designated her assistant, Cecilia Carbajosa, to man the office while she was away assisting Justice Teresita Dy-Liacco Flores as Clerk of Court[4] in the investigation of an administrative case, which entailed a weeklong hearing from March 6 to 10, 2006 in Davao City; and that she learned of the TRO only upon her return on March 10, 2006 when it was forwarded to her office for promulgation.cralaw

    As she vouched for the integrity and honesty of her assistant, Atty. Ignes maintained that while one of the in-house counsels for CEPALCO was her classmate in law school, she was never approached by any of them regarding the case.cralaw

    Disputing the charge that she had made entries of judgment in many cases even if they were pending appeal before this Court, such as the one involving Montessori de Oro School, Atty. Ignes pointed out that the anonymous writer must have been referring to CA-G.R. CV No. 79772, "Montessori de Oro, Inc. v. [First] Malayan Leasing and Finance Corp.," the only Montessori case which passed through her division. She explained that she acted on the motion for entry of judgment filed by First Malayan Leasing's counsel,[5] and later issued an entry of judgment,[6] on the basis of the October 24, 2005 letter[7] of this Court's Deputy Clerk of Court and Chief Judicial Records Office, Teresita Dimaisip, certifying that Montessori de Oro's Motion for Extension of Time to File Petition for Review on Certiorari[8] had been denied by Resolution of July 13, 2005 and that on such date no petition for review on certiorari had been filed with this Court.cralaw

    Atty. Ignes surmised that the anonymous letter may have arisen from a personal vendetta carried out by disgruntled former court employees who resented her for exposing their misdeeds in office resulting either in disciplinary action, including dismissal, against those found guilty.[9]

    In his September 7, 2007 Comment,[10] Justice Lim branded the allegation that he had been "sitting" on the case adverted to in the letter for more than two years to be grossly inaccurate and exaggerated, he explaining that the delay was "only six . . . months and two . . .  days."

    This case (CA-G.R. SP No. 86627, Gov. Aurora E. Cerilles vs. CSC et al.) was deemed submitted for decision on December 6, 2005 and due for resolution on or before December 6, 2006. While there was a delay in the resolution of the aforementioned case, the delay was only six (6) months and two (2) days (from December 6, 2006) as this case has already been decided on June 8, 2007. The delay of 6 months and 2 days (and not over 2 years as alleged) from the time the one (1) year period expired on December 6, 2006, is excusable considering that so many cases of older vintage dating as far back as 1998 were resolved by me from December 5, 2005 up to the time this case was decided on June 8, 2007. I have resolved and decided 217 cases dating back as aforestated to cases already deemed submitted for decision with the Court of Appeals in Manila before the creation of the Visayas and Mindanao Stations. These 217 cases were decided on the merits covering the period from December 6, 2005 to June 8, 2007. In other words, much time and effort were also devoted in the resolution of these cases that had long been pending before this Court in Manila.cralaw

    x x x x[11]  (emphasis and underscoring supplied)

    Claiming that he does not know either Zamboanga Gov. Aurora Cerilles or her father, Justice Lim retorted that the allegation that he had made "arrangements" to favor the governor over the rank and file employees of the Zamboanga provincial government was totally baseless as he in fact resolved the case in favor of the rank and file employees.cralaw

    On the allegation that he had refused to issue a TRO or injunction in a case involving Valencia City (in Bukidnon) Mayor Galario (Galario) due to his (Justice Lim's) close ties to Bukidnon Gov. Zubiri, a purported arch enemy of the mayor, Justice Lim pointed out that he had, in fact, issued a Resolution[12] dated October 10, 2006 in CA-G.R. SP No. 01278-MIN, "Jose M Galario, Jr., City Mayor, Valencia City v. The Honorable Office of the Ombudsman and Ruth P. Piano," granting the TRO prayed for by the mayor.  He added that it was a matter of record that Gov. Zubiri was not even a party to that case, the mayor having been charged and suspended by the Ombudsman upon the complaint of a certain Ruth Piano;  and that he had no knowledge of any political rivalry between the governor and the mayor or any interest in Bukidnon politics.cralaw

    On the allegation that he was soliciting cash donations for the Court of Appeals at Cagayan de Oro 2005 and 2006 Christmas parties, Justice Lim gave the following explanation:chanrobles virtual law library

    While it is admitted that Gov. Zubiri indeed made contributions to the Christmas Party of the Court of Appeals-Mindanao Station, such was voluntary and spontaneous on his part, without any solicitation from the Court of Appeals.  It is a matter of record that the Court of Appeals-Mindanao Station celebrates the whole day its anniversary every December 7, and local government officials, among others, are invited like Gov. Oscar Moreno of the Province of Misamis Oriental.  Gov. Zubiri, upon knowing that our Christmas Party would be held that evening, both Governors Zubiri and Moreno attended, and in the course of our Christmas Party, Gov. Zubiri spontaneously and out of goodwill and kindheartedness gave Fifty Thousand (P50,000.00) Pesos to be raffled off... (underlining supplied)
       
    On the part of Justice Lopez, in his two-page Comment[13] of August 31, 2007, he manifested that, contrary to the anonymous writer's allegations, he had "thoroughly scanned the dockets of all cases raffled to us and [we] find no amicable settlement submitted for our resolution or approval." He emphasized that he has earned a reputation for fairness and independence in his more than 13-year stint in the judiciary, and that in his brief stint in Mindanao, he neither fraternized with any politician nor allowed anyone to influence his judicial acts.cralaw

    Where one, such as the present anonymous letter-writer, seeks the imposition of a penalty upon a judicial officer or magistrate on the ground of corruption, among others, it behooves him/her to establish the charge  beyond reasonable doubt, for the general rules with regard to admissibility of evidence in criminal cases apply.[14] Respecting this charge of corruption  against Justice Lopez and Atty. Ignes, the Court finds that the writer failed to discharge the burden.cralaw

    ON THE CHARGES AGAINST JUSTICE LIM:

    The Constitution mandates lower collegiate courts to decide or resolve cases or matters within 12-months from date of submission.[15] Section 5, Canon 6 of the New Code of Judicial Conduct reminds judges to perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.cralaw

    As reflected above, Justice Lim admitted that the appealed case, CA-G.R. SP No. 86627, involving provincial government employees found by the CSC to have been illegally dismissed by Gov. Cerilles (per anonymous writer's claim, "they were identified supporters of the previous governor"), was due for resolution on or before December 6, 2006.  The Justice explained, however, that on account of his efforts to resolve 217 other cases "that had long been pending before the Court of Appeals" in Manila, he was able to decide the said case only on June 8, 2007 or more than six months beyond the reglementary period in fact in favor of the employees.cralaw

    The Court takes notice that Justice Lim was appointed to the Court of Appeals on March 15, 2004, or just a little more than three (3) years before the subject anonymous letter reached the Office of the Chief Justice.cralaw

    Jurisprudence has assiduously impressed upon judges their sworn duty to decide cases promptly and expeditiously, failing which the people's faith and confidence in the judiciary[16] are eroded.  While the Court gives Justice Lim the benefit of the doubt respecting his claim that he had to resolve 217 cases many of which were of older vintage, and absent any showing that the delay was motivated by malice, capriciousness or any ill-motive, he  should have accorded the appealed case a measure of priority, given that it involved the welfare of government employees who were purportedly dismissed without cause.cralaw

    Any unwarranted delay - be it a day, a week or a month - shakes the people's trust and confidence in the judiciary.[17] More so when it is committed by a superior court magistrate who is held to a higher station. This delay, in all likelihood, precipitated the impression that Justice Lim was "sitting" on the case pending before him. It is thus not remiss to remind Justice Lim to exercise greater discretion and vigilance in the disposition of cases of this or similar nature.cralaw

    The charge against Justice Lim of bias against Mayor Galario due to the Justice's purported ties to the mayor's alleged enemy, Gov. Zubiri, is belied by the Justice's issuing of a TRO in favor of the mayor, as evidenced by the October 10, 2006 Resolution in CA-G.R. SP No. 01278-MIN.cralaw

    On Justice Lim's admitted accepting of cash gifts from Governor Zubiri during the Christmas party of the Court of Appeals at Cagayan de Oro which were raffled to employees, the Court may take note of the customary practice of the attendance during major "events" or national holidays, of government officials and their spontaneous donating of cash to augment the merriment of the occasions. While the Court may not put Justice Lim to task on this account given the lack of evidence pointing to any ulterior motive, the Court would be remiss if it did not caution Justice Lim to be more circumspect or to exercise prudence in accepting such cash donations in the future, if only to dispel any perceptions of unwarranted or improper ties to the executive branch.cralaw

    ON THE OTHER CHARGES AGAINST JUSTICE LOPEZ:chanrobles virtual law library

    On Justice's Lopez's alleged failure to act on an amicable settlement of a case submitted for his resolution or approval, since that particular case is not mentioned, Justice Lopez's disclaimer can be credited. So does his disclaimer on his perceived reputation of "succumb(ing) easily to pressures especially from those who are occupying elective position,"[18] absent any slightest proof or indication thereof proffered by the anonymous writer.cralaw

    ON THE CHARGES AGAINST ATTY. IGNES:

    The documentary evidence proffered by Atty. Ignes supports her assertion that she was unaware of CEPALCO's urgent motion for resolution of its application for a TRO,[19] and that she learned of the issuance of a TRO only upon her return on March 10, 2006 when it was forwarded to her office for promulgation. That CEPALCO had not obtained a TRO in its favor prior to Atty. Ignes' departure for Davao City where she was from March 6 to 10, 2006 is bolstered by CEPALCO's own admission that at the time it filed the said urgent motion for resolution on March 3, 2006, the appellate court had as yet not issued any injunctive relief.[20]

    As for the issuance by Atty. Ignes of the December 5, 2005 Entry of Judgment in CA-G.R. CV No. 79772, "Montessori de Oro, Inc. v. [First] Malayan Leasing and Finance Corp.," the same appears  to be regular and in conformity with established court procedures. She acted appropriately on First Malayan Leasing's motion for entry of judgment only after receipt of this Court's October 24, 2005 certification issued by Deputy Clerk of Court and Chief Judicial Records Office Teresita Dimaisip confirming the denial of Montessori de Oro's Motion for Extension of Time to File Petition for Review and the absence of any actual petition for review on certiorari  filed by the same party litigant.cralaw

    ALL TOLD, the allegations of corruption against respondents do no lie. The tenet ─ that while this Court will never tolerate or condone any act, conduct or omission that would violate the norms of public accountability or diminish the people's faith in the judiciary, neither will it hesitate to reject  suits that only serve to disrupt rather than promote the orderly administration of justice ─ bears emphatic  reiteration.[21]

    WHEREFORE, for failure to substantiate the complaint for corruption−subject of the anonymous letter dated June 10, 2007 against Court of Appeals Associate Justices Rodrigo F. Lim, Jr. and Mario V. Lopez, and Division Clerk of Court (21st Division) Cherry Hope Valledor-Ignes, (Mindanao Station), Cagayan de Oro City, it is DISMISSED.

    SO ORDERED.

    Corona, C.J., Carpio, Velasco, Jr., Nachura, Leonardo-De Castro,  Brion, Peralta, Bersamin, Del Castillo, Abad, Villarama, Jr., Mendoza, and  Sereno, JJ., concur.
    Perez, J., no part.



    Endnotes:


    [1] Rollo, p. 11.cralaw

    [2] Id. at 19-23.cralaw

    [3] Annex "B," id. at 26-30.cralaw

    [4] Vide Annex "C." id. at 31.cralaw

    [5] The Anastacio Law Office with offices at Unit 10G Burgundy Corporate Tower, Sen. Gil Puyat Ave., Makati City.cralaw

    [6] Dated December 5, 2005, vide Annex "I," rollo, pp. 52-53.cralaw

    [7] Id. at 50.cralaw

    [8] In G.R. No. 168389; Vide Annex "H-3," id. at 45-49.cralaw

    [9] Rollo, pp. 22-23.cralaw

    [10] Id. at 126-133.cralaw

    [11] Id. at 127.cralaw

    [12] Penned by CA (Division of five) Associate Justice Rodrigo F. Lim, Jr. with the concurrence of Justices Ricardo R. Rosario and Mario V. Lopez; Justices Teresita Dy-Liacco Flores and Sixto Marella, Jr. dissenting, Annex "1," rollo, pp. 134-135.cralaw

    [13] Id. at 138-139.cralaw

    [14] Office of the Court Administrator v. Pascual, A.M. No. MTJ-93-783, July 29, 1996, 259 SCRA 604, 617 citing Raquiza v. Castañeda, Jr. 81 SCRA 244 (1978).cralaw

    [15] Sec. 15(1), Article VIII, PHILIPPINE CONSTITUTION.cralaw

    [16] Re: Complaint against Justice Elvi John S. Asuncion of the Court of Appeals, A.M. No. 06-6-8-CA, March 20, 2007, 518 SCRA 512, 528 citing Arap v. Judge Amir Mustafa, A.M. No. SCC-01-7, 379 SCRA 1, 5 (2002)

    [17] Concerned Trial Lawyers of Manila v. Veneracion, A.M. No. RTJ-05-1920, April 26, 2006, 488 SCRA 285, 296

    [18] Rollo, p. 7.cralaw

    [19] Vide at note 4.cralaw

    [20] Ibid, p. 27.cralaw

    [21] Ang v. Asis, A.M. No. RTJ-00-1590, January 15, 2002, 373 SCRA 91, 99.

    [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


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