ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
BAR REVIEWER ON LABOR LAW 2014 (2nd) Edition - By Prof. Joselito Guianan Chan

 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
July-2011 Jurisprudence                 

  • [G.R. No. 181035 : July 04, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NOEL DION, ACCUSED-APPELLANT.

  • [G.R. No. 176061 : July 04, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. BINGKY CAMPOS AND DANNY "BOY" ACABO, APPELLANTS.

  • [A.M. No. 2011-04-SC : July 05, 2011] RE: GROSS VIOLATION OF CIVIL SERVICE LAW ON THE PROHIBITION AGAINST DUAL EMPLOYMENT AND DOUBLE COMPENSATION IN THE GOVERNMENT SERVICE COMMITTED BY MR. EDUARDO V. ESCALA, SC CHIEF JUDICIAL STAFF OFFICER, SECURITY DIVISION, OFFICE OF ADMINISTRATIVE SERVICES.

  • [G.R. No. 183711 : July 05, 2011] EDITA T. BURGOS, PETITIONER, VS. PRESIDENT GLORIA MACAPAGAL-ARROYO, GEN. HERMOGENES ESPERON, JR., LT. GEN. ROMEO P. TOLENTINO, MAJ. GEN. JUANITO GOMEZ, MAJ. GEN. DELFIN BANGIT, LT. COL. NOEL CLEMENT, LT. COL. MELQUIADES FELICIANO, DIRECTOR GENERAL OSCAR CALDERON, RESPONDENTS. [G.R. No. 183712] EDITA T. BURGOS, PETITIONER, VS. PRESIDENT GLORIA MACAPAGAL ARROYO, GEN. HERMOGENES ESPERON, JR., LT. GEN. ROMEO P. TOLENTINO, MAJ. GEN. JUANITO GOMEZ, LT. COL. MELQUIADES FELICIANO, LT. COL. NOEL CLEMENT, RESPONDENTS. [G.R. No. 183713] EDITA T. BURGOS, PETITIONER, VS. CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, GEN. HERMOGENES ESPERON, JR., COMMANDING GENERAL OF THE PHILIPPINE ARMY, LT. GEN. ALEXANDER YANO; CHIEF OF THE PHILIPPINE NATIONAL POLICE, DIRECTOR GENERAL AVELINO RAZON, JR., RESPONDENTS.

  • [A.M. No. 09-5-2-SC : July 05, 2011] RE: BREWING CONTROVERSIES IN THE ELECTIONS IN THE INTEGRATED BAR OF THE PHILIPPINES [A.C. NO. 8292] ATTYS. MARCIAL M. MAGSINO, MANUEL M. MARAMBA AND NASSER MAROHOMSALIC, COMPLAINANTS, VS. ATTYS. ROGELIO A. VINLUAN, ABELARDO C. ESTRADA, BONIFACIO T. BARANDON, JR., EVERGISTO S. ESCALON AND RAYMUND JORGE A. MERCADO, RESPONDENTS.

  • [G.R. No. 171101 : July 05, 2011] HACIENDA LUISITA, INCORPORATED, PETITIONER, LUISITA INDUSTRIAL PARK CORPORATION AND RIZAL COMMERCIAL BANKING CORPORATION, PETITIONERS-IN-INTERVENTION, VS. PRESIDENTIAL AGRARIAN REFORM COUNCIL; SECRETARY NASSER PANGANDAMAN OF THE DEPARTMENT OF AGRARIAN REFORM; ALYANSA NG MGA MANGGAGAWANG BUKID NG HACIENDA LUISITA, RENE GALANG, NOEL MALLARI, AND JULIO SUNIGA [1] AND HIS SUPERVISORY GROUP OF THE HACIENDA LUISITA, INC. AND WINDSOR ANDAYA, RESPONDENTS.

  • [G. R. No. 190795 : July 06, 2011] NATIONAL ASSOCIATION OF ELECTRICIY CONSUMERS FOR REFORMS, INC. (NASECORE), REPRESENTED BY PETRONILO ILAGAN; FEDERATION OF VILLAGE ASSOCIATIONS (FOVA), REPRESENTED BY SIEFRIEDO VELOSO; AND FEDERATION OF LAS PIƑAS VILLAGE (FOLVA), REPRESENTED BY BONIFACIO DAZO, PETITIONERS, VS. ENERGY REGULATORY COMMISSION (ERC) AND MANILA ELECTRIC COMPANY, INC. (MERALCO), RESPONDENTS.

  • [G.R. No. 192235 : July 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROLANDO LAYLO Y CEPRES, APPELLANT.

  • [G.R. No. 169196 : July 06, 2011] PETRA C. MARTINEZ, IN HER CAPACITY AS GENERAL MANAGER, CLAVERIA AGRI-BASED MULTI-PURPOSE COOPERATIVE, INC., PETITIONER, VS. FILOMENA L. VILLANUEVA, RESPONDENT. [G.R. NO. 169198] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. FILOMENA L. VILLANUEVA, RESPONDENT.

  • [G.R. No. 184253 : July 06, 2011] REPUBLIC OF THE PHILIPPINES, THROUGH THE PHILIPPINE NAVY, REPRESENTED BY CAPT. RUFO R. VILLANUEVA, SUBSTITUTED BY CAPT. PANCRACIO O. ALFONSO, AND NOW BY CAPT. BENEDICTO G. SANCEDA PN, PETITIONER, VS. CPO MAGDALENO PERALTA PN (RET.), CPO ROMEO ESTALLO PN (RET.), CPO ERNESTO RAQUION PN (RET.), MSGT SALVADOR RAGAS PM (RET.), MSGT DOMINGO MALACAT PM (RET.), MSGT CONSTANTINO CANONIGO PM (RET.), AND AMELIA MANGUBAT, RESPONDENTS. MSGT ALFREDO BANTOG PM (RET.), MSGT RODOLFO VELASCO PM (RET.), AND NAVY ENLISTEDMEN HOMEOWNERS ASSOCIATION, INC., RESPONDENT-INTERVENORS.

  • [G.R. No. 175926 : July 06, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RESTITUTO CARANDANG, HENRY MILAN AND JACKMAN CHUA, ACCUSED-APPELLANTS.

  • [G.R. No. 192816 : July 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JOEL GASPAR Y WILSON, APPELLANT.

  • [G.R. No. 175457 : July 06, 2011] RUPERTO A. AMBIL, JR., PETITIONER, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NO. 175482] VS. ALEXANDRINO R. APELADO, SR., PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 167284 : July 06, 2011] THE ESTATE OF SOLEDAD MANINANG AND THE LAW FIRM OF QUISUMBING TORRES, PETITIONERS, VS. THE HONORABLE COURT OF APPEALS, SPOUSES SALVACION SERRANO LADANGA* AND AGUSTIN LADANGA,** AND BERNARDO ASENETA, RESPONDENTS.

  • [G.R. No. 160138 : July 13, 2011] AUTOMOTIVE ENGINE REBUILDERS, INC. (AER), ANTONIO T. INDUCIL, LOURDES T. INDUCIL, JOCELYN T. INDUCIL AND MA. CONCEPCION I. DONATO, PETITIONERS, VS. PROGRESIBONG UNYON NG MGA MANGGAGAWA SA AER, ARNOLD VILLOTA, FELINO E. AGUSTIN, RUPERTO M. MARIANO II, EDUARDO S. BRIZUELA, ARNOLD S. RODRIGUEZ, RODOLFO MAINIT, JR., FROILAN B. MADAMBA, DANILO D. QUIBOY, CHRISTOPHER R. NOLASCO, ROGER V. BELATCHA, CLEOFAS B. DELA BUENA, JR., HERMINIO P. PAPA, WILLIAM A. RITUAL, ROBERTO CALDEO, RAFAEL GACAD, JAMES C. CAAMPUED, ESPERIDION V. LOPEZ, JR., FRISCO M. LORENZO, JR., CRISANTO LUMBAO, JR., AND RENATO SARABUNO, RESPONDENTS. [G.R. NO. 160192] PROGRESIBONG UNYON NG MGA MANGGAGAWA SA AER, ARNOLD VILLOTA, FELINO E. AGUSTIN, RUPERTO M. MARIANO II, EDUARDO S. BRIZUELA, ARNOLD S. RODRIGUEZ, RODOLFO MAINIT, JR., FROILAN B. MADAMBA, DANILO D. QUIBOY, CHRISTOPHER R. NOLASCO, ROGER V. BELATCHA, CLEOFAS B. DELA BUENA, JR., HERMINIO P. PAPA, WILLIAM A. RITUAL, ROBERTO CALDEO, RAFAEL GACAD, JAMES C. CAAMPUED, ESPERIDION V. LOPEZ, JR., FRISCO M. LORENZO, JR., CRISANTO LUMBAO, JR., AND RENATO SARABUNO, PETITIONERS, VS. AUTOMOTIVE ENGINE REBUILDERS, INC., AND ANTONIO T. INDUCIL, RESPONDENTS.

  • [G.R. No. 160088 : July 13, 2011] AGUSTIN P. DELA TORRE, PETITIONER, VS. THE HONORABLE COURT OF APPEALS, CRISOSTOMO G. CONCEPCION, RAMON "BOY" LARRAZABAL, PHILIPPINE TRIGON SHIPYARD CORPORATION, AND ROLAND G. DELA TORRE, RESPONDENTS. [G.R. No. 160565] PHILIPPINE TRIGON SHIPYARD CORPORATION AND ROLAND G. DELA TORRE, PETITIONERS, VS. CRISOSTOMO G. CONCEPCION, AGUSTIN DELA TORRE AND RAMON "BOY" LARRAZABAL, RESPONDENTS.

  • [G.R. No. 193003 : July 13, 2011] FRANCISCO IMSON Y ADRIANO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 185440 : July 13, 2011] VICELET LALICON AND VICELEN LALICON, PETITIONERS, VS. NATIONAL HOUSING AUTHORITY, RESPONDENT.

  • [G.R. No. 186467 : July 13, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JAIME GATLABAYAN Y BATARA, ACCUSED-APPELLANT.

  • [A.M. No. RTJ-11-2284 [Formerly A.M. OCA IPI No. 09-3304-RTJ] : July 13, 2011] SPOUSES SUR AND RITA VILLA AND LETICIA GOREMBALEM VALENZUELA, COMPLAINANTS, VS. PRESIDING JUDGE ROBERTO L. AYCO, OFFICER-IN-CHARGE/ LEGAL RESEARCHER VIRGINIA M. BARTOLOME AND SHERIFF IV CRISPIN S. CALSENIA, JR., ALL OF THE REGIONAL TRIAL COURT, BRANCH 26, SURALLAH, SOUTH COTABATO, RESPONDENTS.

  • [A.M. No. P-11-2945 [Formerly OCA-I.P.I. No. 11-3590-P] : July 13, 2011] RE: LEAVE DIVISION, OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. FRANCISCO A. PUA, JR., CLERK OF COURT V, REGIONAL TRIAL COURT, BRANCH 55, LUCENA CITY, RESPONDENT.

  • [G.R. No. 175091 : July 13, 2011] P/CHIEF INSPECTOR FERNANDO BILLEDO, SPO3 RODRIGO DOMINGO, PO3 JORGE LOPEZ, FERDINAND CRUZ, AND MARIANO CRUZ, PETITIONERS, VS. WILHELMINA WAGAN, PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF BRANCH III, PASAY CITY, PUBLIC RESPONDENT. ALBERTO MINA, NILO JAY MINA AND FERDINAND CAASI, PRIVATE RESPONDENTS.

  • [A.M. No. P-11-2946 [Formerly A.M. No. 11-5-52-MTCC] : July 13, 2011] RE: DROPPING FROM THE ROLLS OF CORNELIO RENIETTE CABRERA, UTILITY WORKER I, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 1, LIPA CITY.

  • [G.R. No. 165487 : July 13, 2011] COUNTRY BANKERS INSURANCE CORPORATION, PETITIONER, VS. ANTONIO LAGMAN, RESPONDENT.

  • [G.R. No. 153982 : July 18, 2011] SAN MIGUEL PROPERTIES PHILIPPINES, INC., PETITIONER, VS. GWENDELLYN ROSE S. GUCABAN, RESPONDENT.

  • [G.R. No. 116121 : July 18, 2011] THE HEIRS OF THE LATE RUBEN REINOSO, SR., REPRESENTED BY RUBEN REINOSO JR., PETITIONERS, VS. COURT OF APPEALS, PONCIANO TAPALES, JOSE GUBALLA, AND FILWRITERS GUARANTY ASSURANCE CORPORATION,** RESPONDENT.

  • [G.R. No. 163551 : July 18, 2011] DATU KIRAM SAMPACO, SUBSTITUTED BY HADJI SORAYA S. MACABANDO, PETITIONER, VS. HADJI SERAD MINGCA LANTUD, RESPONDENT.

  • [G.R. No. 163653 : July 19, 2011] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. FILINVEST DEVELOPMENT CORPORATION, RESPONDENT. [G.R. NO. 167689] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. FILINVEST DEVELOPMENT CORPORATION, RESPONDENT.

  • [G.R. No. 193007 : July 19, 2011] RENATO V. DIAZ AND AURORA MA. F. TIMBOL, PETITIONERS, VS. THE SECRETARY OF FINANCE AND THE COMMISSIONER OF INTERNAL REVENUE, RESPONDENTS.

  • [G.R. No. 187246 : July 20, 2011] EDWIN TABAO Y PEREZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 169594 : July 20, 2011] BIENVENIDO BARRIENTOS, PETITIONER, VS. MARIO RAPAL, RESPONDENT.

  • [G.R. No. 193723 : July 20, 2011] GENERAL MILLING CORPORATION, PETITIONER, VS. SPS. LIBRADO RAMOS AND REMEDIOS RAMOS, RESPONDENTS.

  • G.R. No. 181919 : July 20, 2011] JONES INTERNATIONAL MANPOWER SERVICES, INC., REPRESENTED BY ITS PRESIDENT, EDWARD G. CUE, PETITIONER, VS. BELLA AGCAOILI-BARIT, RESPONDENT.

  • [G.R. No. 166863 : July 20, 2011] GOVERNMENT SERVICE INSURANCE SYSTEM, PETITIONER, VS. JUM ANGEL, RESPONDENT.

  • [G.R. No. 192760 : July 20, 2011] JOJIT GARINGARAO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 167246 : July 20, 2011] GEORGE LEONARD S. UMALE, PETITIONER, VS. CANOGA PARK DEVELOPMENT CORPORATION, RESPONDENT.

  • [G.R. No. 164050 : July 20, 2011] MERCURY DRUG CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 186227 : July 20, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALLEN UDTOJAN MANTALABA, ACCUSED-APPELLANT.

  • [A.M. No. MTJ-09-1736 [FORMERLY OCA I.P.I. NO. 08-2034-MTJ] : July 25, 2011] ATTY. CONRADO B. GANDEZA, JR., COMPLAINANT, VS. JUDGE MARIA CLARITA C. TABIN, PRESIDING JUDGE, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 4, BAGUIO CITY. RESPONDENT.

  • [G.R. No. 173259 : July 25, 2011] PHILIPPINE NATIONAL BANK, PETITIONER, VS. F.F. CRUZ AND CO., INC. RESPONDENT.

  • [G.R. No. 165777 : July 25, 2011] CEFERINA DE UNGRIA [DECEASED], SUBSTITUTED BY HER HEIRS, REPRESENTED BY LOLITA UNGRIA SAN JUAN-JAVIER, AND RHODORA R. PELOMIDA AS THEIR ATTORNEY-IN-FACT, PETITIONER, VS. THE HONORABLE COURT OF APPEALS, THE HONORABLE REGIONAL TRIAL COURT OF GENERAL SANTOS CITY, BRANCH 35, ROSARIO DIDELES VDA. DE CASTOR, NEPTHALIE CASTOR ITUCAS, FEROLYN CASTOR FACURIB, RACHEL DE CASTOR, LEA CASTOR DOLLOLOSA, AND ROSALIE CASTOR BENEDICTO, RESPONDENTS.

  • [G.R. No. 152695 : July 25, 2011] VICTORIA CLARAVALL, ASSISTED BY HER HUSBAND, LORETO CLARAVALL, PETITIONER, VS. RICARDO LIM, ROBERTO LIM, AND ROGELIO LIM, RESPONDENTS.

  • [G.R. No. 151911 : July 25, 2011] EDGAR PAYUMO, REYNALDO RUANTO, CRISANTO RUANTO, APOLINARIO RUANTO, AND EXEQUIEL BONDE, PETITIONERS, VS. HONORABLE SANDIGANBAYAN, PEOPLE OF THE PHILIPPINES, OFFICE OF THE OMBUDSMAN, AND OFFICE OF THE SPECIAL PROSECUTOR, DOMICIANO CABIGAO, NESTOR DOMACENA, ROLANDO DOBLADO, ERNESTO PAMPUAN, EDGARDO PRADO, ROMEO DOMINICO, RAMON GARCIA, AND CARLOS PACHECO, RESPONDENTS. [G.R. NO. 154535] NESTOR DOMACENA, PETITIONER, VS. HONORABLE SANDIGANBAYAN, PEOPLE OF THE PHILIPPINES, AND EDGAR PAYUMO, REYNALDO RUANTO, CRISANTO RUANTO, APOLINARIO RUANTO, AND EXEQUIEL BONDE, RESPONDENTS.

  • [A.M. No. 07-9-214-MTCC : July 26, 2011] RE: APPLICATION FOR INDEFINITE LEAVE AND TRAVEL ABROAD OF PRESIDING JUDGE FRANCISCO P. RABANG III, MUNICIPAL TRIAL COURT IN CITIES, COTABATO CITY

  • [A.M. No. RTJ-11-2261 (Formerly oca ipi No. 10-3386- RTJ) : July 26, 2011] ATTY. JOSE VICENTE D. FERNANDEZ, COMPLAINANT, VS. JUDGE ANGELES S. VASQUEZ, RESPONDENT.

  • [G.R. No. 161787 : July 27, 2011] MASING AND SONS DEVELOPMENT CORPORATION AND CRISPIN CHAN, PETITIONERS, VS. GREGORIO P. ROGELIO, RESPONDENT.

  • [G.R. No. 175485 : July 27, 2011] CASIMIRO DEVELOPMENT CORPORATION, PETITIONER, VS. RENATO L. MATEO, RESPONDENT.

  • [G.R. No. 175343 : July 27, 2011] LORETO LUGA (DECEASED), SUBSTITUTED BY CELERINA LUGA - DECEASED (WIFE) AND CHILDREN NAMELY: PURIFICACION LUGA-BIONG, ELIZABETH LUGA-CABAƑA, ROSALIE LUGA-TANUTAN, LEDIA LUGA-GUY AB, MARITESS LUGA-GRAVINO, NESTOR LUGA AND DAVID LUGA. PETITIONERS, VS. SPS. ELENA AND ROGELIO ARCIAGA, RESPONDENTS.

  • [G.R. No. 186417 : July 27, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FELIPE MIRANDILLA, JR., DEFENDANT AND APPELLANT.

  • [G. R. No. 172699 : July 27, 2011] ELECTROMAT MANUFACTURING AND RECORDING CORPORATION, PETITIONER, VS. HON. CIRIACO LAGUNZAD, IN HIS CAPACITY AS REGIONAL DIRECTOR, NATIONAL CAPITAL REGION, DEPARTMENT OF LABOR AND EMPLOYMENT; AND HON. HANS LEO J. CACDAC, IN HIS CAPACITY AS DIRECTOR OF BUREAU OF LABOR RELATIONS, DEPARTMENT OF LABOR AND EMPLOYMENT, PUBLIC RESPONDENTS. D E C I S I O N NAGKAKAISANG SAMAHAN NG MANGGAGAWA NG ELECTROMAT-WASTO, PRIVATE RESPONDENT.

  • [G.R. No. 164679 : July 27, 2011] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. ULDARICO P. ANDUTAN, JR., RESPONDENT.

  • [A.M. NO. P-11-2944 (FORMERLY OCA IPI NO. 10-3342-P) : July 27, 2011] CAROL A. ABADIANO, CLEOFE ABADIANO-BONACHITA, RYAN M. ABADIANO AND CHERRY MAE M. ABADIANO, COMPLAINANTS, VS. GENEROSO B. REGALADO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 16, CEBU CITY, RESPONDENT.

  • [G.R. No. 163252 : July 27, 2011] ABOSTA SHIPMANAGEMENT CORPORATION, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION (FIRST DIVISION) AND ARNULFO R. FLORES, RESPONDENTS.

  • [G.R. No. 159101 : July 27, 2011] SPS. GONZALO T. DELA ROSA & CRISTETA DELA ROSA, PETITIONERS, VS. HEIRS OF JUAN VALDEZ AND SPOUSES POTENCIANO MALVAR AND LOURDES MALVAR, RESPONDENTS.

  • [G.R. No. 175291 : July 27, 2011] THE HEIRS OF NICOLAS S. CABIGAS, NAMELY: LOLITA ZABATE CABIGAS, ANECITA C. CANQUE, DIOSCORO CABIGAS, FIDEL CABIGAS, AND RUFINO CABIGAS, PETITIONERS, VS. MELBA L. LIMBACO, LINDA L. LOGARTA, RAMON C. LOGARTA, HENRY D. SEE, FREDDIE S. GO, BENEDICT Y. QUE, AWG DEVELOPMENT CORPORATION, PETROSA DEVELOPMENT CORPORATION, AND UNIVERSITY OF CEBU BANILAD, INC., RESPONDENTS.

  • [A.M. No. P-11-2888 (formerly A.M. OCA I.P.I. No. 09-3252-P) : July 27, 2011] GOLDEN SUN FINANCE CORPORATION, REPRESENTED BY RACHELLE L. MARMITO, COMPLAINANT, VS. RICARDO R. ALBANO, SHERIFF III, METROPOLITAN TRIAL COURT (METC), BRANCH 62, MAKATI CITY, RESPONDENT.

  • [A.M. No. P-10-2852 (Formerly A.M. OCA IPI No. 09-3270-P) : July 27, 2011] OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. LEDA O. URI, COURT STENOGRAPHER I, MUNICIPAL TRIAL COURT, ALAMINOS, LAGUNA, RESPONDENT.

  • [G.R. No. 178941 : July 27, 2011] JOSE ANSELMO I. CADIZ, LEONARD S. DE VERA, ROMULO A. RIVERA, DANTE G. ILAYA, PURA ANGELICA Y. SANTIAGO, ROSARIO T. SETIAS-REYES, JOSE VICENTE B. SALAZAR, MANUEL M. MONZON, IMMANUEL L. SODUSTA, CARLOS L. VALDEZ, JR., AND LYDIA A. NAVARRO, PETITIONERS, VS. THE HONORABLE PRESIDING JUDGE, BR. 48, RTC-PUERTO PRINCESA AND GLENN C. GACOTT, RESPONDENTS.

  • [G.R. No. 164356 : July 27, 2011] HEIRS OF MARGARITO PABAUS, NAMELY, FELICIANA P. MASACOTE, MERLINDA P. CAILING, MAGUINDA P. ARCLETA, ADELAIDA PABAUS, RAUL MORGADO AND LEOPOLDO MORGADO, PETITIONERS, VS. HEIRS OF AMANDA YUTIAMCO, NAMELY, JOSEFINA TAN, AND MOISES, VIRGINIA, ROGELIO, ERLINDA, ANA AND ERNESTO, ALL SURNAMED YUTIAMCO, RESPONDENTS.

  • [G.R. No. 168251 : July 27, 2011] JESUS M. MONTEMAYOR, PETITIONER, VS. VICENTE D. MILLORA, RESPONDENT.

  • [G.R. No. 171868 : July 27, 2011] SPOUSES FRANCISCO D. YAP AND WHELMA S. YAP, PETITIONERS, VS. SPOUSES ZOSIMO DY, SR. AND NATIVIDAD CHIU DY, SPOUSES MARCELINO MAXINO AND REMEDIOS L. MAXINO, PROVINCIAL SHERIFF OF NEGROS ORIENTAL AND DUMAGUETE RURAL BANK, INC., RESPONDENTS. [G.R. NO. 171991] DUMAGUETE RURAL BANK, INC. (DRBI) HEREIN REPRESENTED BY MR. WILLIAM D.S. DICHOSO, PETITIONERS, VS. SPOUSES ZOSIMO DY, SR. AND NATIVIDAD CHIU DY, SPOUSES MARCELINO MAXINO AND REMEDIOS MAXINO, AND SPOUSES FRANCISCO D. YAP AND WHELMA S. YAP, RESPONDENTS.

  • [G.R. No. 172506 : July 27, 2011] JERRY MAPILI, PETITIONER, VS. PHILIPPINE RABBIT BUS LINES, INC./NATIVIDAD NISCE, RESPONDENTS.

  • [G.R. No. 182042 : July 27, 2011] THUNDER SECURITY AND INVESTIGATION AGENCY/ LOURDES M. LASALA, PETITIONER, VS. NATIONAL FOOD AUTHORITY (REGION I) AND NFA REGIONAL BIDS AND AWARDS COMMITTEE (REGION I), RESPONDENTS.

  • [A.M. No. RTJ-07-2060 (Formerly OCA IPI No. 06-2498- RTJ) : July 27, 2011] NATIONAL POWER CORPORATION, REPRESENTED BY ITS PRESIDENT CYRIL DEL CALLAR, COMPLAINANT, VS. JUDGE SANTOS B. ADIONG, RTC, BRANCH 8, MARAWI CITY, RESPONDENT.

  • [G.R. No. 180390 : July 27, 2011] PRUDENTIAL BANK, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 168105 : July 27, 2011] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. SEVERINO LISTANA, RESPONDENT.

  • [G.R. No. 156686 : July 27, 2011] NEW SUN VALLEY HOMEOWNERS' ASSOCIATION, INC., PETITIONER, VS. SANGGUNIANG BARANGAY, BARANGAY SUN VALLEY, PARAƑAQUE CITY, ROBERTO GUEVARRA IN HIS CAPACITY AS PUNONG BARANGAY AND MEMBERS OF THE SANGGUNIANG BARANGAY, RESPONDENTS.

  • [G.R. No. 182551 : July 27, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSENDO REBUCAN Y LAMSIN, ACCUSED-APPELLANT.

  • [G.R. No. 153809 : July 27, 2011] ELOISA L. TOLENTINO, PETITIONER, VS. ATTY. ROY M. LOYOLA, MUNICIPAL MAYOR, DOMINGO C. FLORES, MUNICIPAL BUDGET OFFICER, ALICIA L. OLIMPO, MUNICIPAL TREASURER, ANNALIZA L. BARABAT, MUNICIPAL ACCOUNTANT, AMADOR B. ALUNIA, MUNICIPAL ADMINISTRATOR, NENITA L. ERNACIO, MUNICIPAL AGRICULTURIST, AMELIA C. SAMSON, HUMAN RESOURCE OFFICER IV, EDWIN E. TOLENTINO, COMMUNITY AFFAIRS OFFICER IV, DOMINGO R. TENEDERO AND ROEL Z. MANARIN, SANGGUNIANG BAYAN (SB) MEMBERS, ALL FROM CARMONA, CAVITE, RESPONDENTS.

  • [A.M. No. RTJ-11-2285 (Formerly OCA I.P.I. No. 10-3472-RTJ : July 27, 2011] MAYOR MACARIO T. HUMOL, COMPLAINANT, VS. JUDGE HILARION P. CLAPIS, JR., REGIONAL TRIAL COURT, BRANCH 3, 11th JUDICIAL REGION, NABUNTURAN, COMPOSTELA VALLEY PROVINCE, RESPONDENT.

  •  





     
     

     [A.M. No. RTJ-11-2284 [Formerly A.M. OCA IPI No. 09-3304-RTJ] : July 13, 2011]   SPOUSES SUR AND RITA VILLA AND LETICIA GOREMBALEM VALENZUELA, COMPLAINANTS, VS. PRESIDING JUDGE ROBERTO L. AYCO, OFFICER-IN-CHARGE/ LEGAL RESEARCHER VIRGINIA M. BARTOLOME AND SHERIFF IV CRISPIN S. CALSENIA, JR., ALL OF THE REGIONAL TRIAL COURT, BRANCH 26, SURALLAH, SOUTH COTABATO, RESPONDENTS.

     
    THIRD DIVISION

    [A.M. No. RTJ-11-2284 [Formerly A.M. OCA IPI No. 09-3304-RTJ] : July 13, 2011]

    SPOUSES SUR AND RITA VILLA AND LETICIA GOREMBALEM VALENZUELA, COMPLAINANTS, VS. PRESIDING JUDGE ROBERTO L. AYCO, OFFICER-IN-CHARGE/ LEGAL RESEARCHER VIRGINIA M. BARTOLOME AND SHERIFF IV CRISPIN S. CALSENIA, JR., ALL OF THE REGIONAL TRIAL COURT, BRANCH 26, SURALLAH, SOUTH COTABATO, RESPONDENTS.

    D E C I S I O N


    MENDOZA, J.:

    The Court resolves the complaint [1] filed by spouses Sur and Rita Villa and Leticia Gorembalem Valenzuela (complainants) against: (1) Presiding Judge Roberto L. Ayco (Judge Ayco) for undue delay in resolving motions, gross ignorance of the law, bias and abuse of authority; (2) Officer-in-Charge/Legal Researcher Virginia Bartolome (OIC Bartolome) for gross ignorance of the law and gross inefficiency; (3) Sheriff IV Crispin S. Calsenia, Jr. (Sheriff Calsenia) for grave abuse of authority and gross neglect of duty, all the Regional Trial Court, Branch 26, Surallah, South Cotabato (RTC).  The complaint stems from Civil Case No. 386-N entitled "Spouses Sixto and Yolanda Fernandez v. Spouses Miguel and Marina Gorembalem; Estate of Miguel Gorembalem, represented by Crispina G. Artienda, et al.. Third Party Claimant"  filed before the RTC for Specific Performance with Damages.

    Complainants allege that they are the legal heirs of Miguel Gorembalem, who was the named defendant in the civil case.  In the RTC decision [2] dated October 2, 1992, Miguel Gorembalem was held liable to pay the plaintiffs.  On January 25, 2006, the Court of Appeals (CA) dismissed Gorembalem's appeal.  Thus, on March 19, 2006, the judgment against Gorembalem became final and executory.  The case was remanded to the RTC for execution.  On August 4, 2006, the RTC, presided by Judge Ayco, directed the issuance of a writ of execution on the said case. [3]

    On August 25, 2006, Sheriff Calsenia issued a Notice of Levy on the property of Gorembalem and scheduled an execution sale since the defendants failed to settle the judgment obligation.

    On September 26, 2006, complainants filed a Third Party Claim [4] on the said property, but it was denied by the RTC in its Order dated March 7, 2007. Complainants moved for a reconsideration on April 27, 2007 [5]  but Judge Ayco denied the same only on July 31, 2008 or "fifteen (15) months from filing and more than eight (8) months from the time such motion was submitted for resolution." [6] Complainants posit that the delay constitutes gross inefficiency that runs afoul to Rules 1.02 of Canon 1 and 3.05 of Canon 3 of the Code of Judicial Conduct as well as SC Administrative Circular No. 1-88. [7]

    Thereafter, complainants filed their Notice of Appeal [8] which was likewise denied in the RTC Order [9] dated August 29, 2008 for late filing.  Their Motion for Reconsideration [10] was likewise denied in an Order [11] dated January 16, 2009.

    On March 10, 2009, the plaintiffs in the said Civil Case filed their Motion for Writ of Possession/Demolition/Break Open and set the hearing on March 13, 2009. [12]  Complainants alleged that their counsel only received the copy of the said motion on March 18, 2009 or five days after the scheduled hearing. [13]

    Despite complainants' Opposition [14] to the motion, on April 30, 2009, Judge Ayco ordered the issuance of the Writ of Possession and Demolition. [15]

    On May 14, 2009, OIC Bartolome, issued the Writ of Possession and Demolition, [16] which according to complainants was premature. [17]  Complainants also believe that OIC Bartolome displayed either bias or gross ignorance of the law and incompetence when she received the Motion for Writ of Possession/Demolition/Break Open, when it clearly violated the 3-day notice rule, making it a mere scrap of paper.

    Then, on July 25, 2009, Sheriff Calsenia implemented the writ of demolition without prior service of the notice to vacate on the complainants. [18]  As a result of the demolition, the complainants suffered various damages and loss of expensive materials. They claim that the respondent sheriff failed to make a proper accounting and inventory of the materials taken from the property. [19]

    After the demolition, the daughter of the spouses-complainant went to the RTC Office to ask for a copy of the records. OIC Bartolome, however, "in a loud voice and overbearing conduct," [20]  shouted at their daughter.

    In his Comment dated January 18, 2010, [21] Judge Ayco admitted that the order denying the motion for reconsideration was indeed issued beyond the 90-day period, after it was deemed submitted for resolution.  He, however, denied the complainants' allegation and argued that the said incident was isolated and should not be strictly held against him. Judge Ayco countered that their complaint should be dismissed for the following reasons: (1) the motion for reconsideration would have been dismissed anyway as it was filed late; (2) the filing of the motion was merely a ploy to obstruct and impede the conduct of the execution sale; (3) his branch was a single sala court catering to seven large municipalities and burdened with heavy caseload; and (4) this was the first time that he had been charged with delay in the resolution of a motion.

    In her Comment dated January 20, 2010, [22] OIC Bartolome explained that it was her duty to receive the pleadings being filed with the court, such as plaintiffs' Motion for Issuance of Writ of Possession and/or Demolition, but it was not her duty to assess the propriety of the pleadings filed.  Likewise, she issued the Writ of Possession and/or Demolition because it was her ministerial duty to issue it in compliance with the April 30, 2009 Order of the court and as mandated by the 2002 Revised Manual for Clerks of Court. Finally, she denied the supposed display of animosity towards complainants' daughter when the latter asked for a copy of the records.

    In his Comment dated January 21, 2010, [23] Sheriff Calsenia explained that he served the Writ of Possession and/or Demolition to the complainants as part of his duty as a sheriff. He insisted that the implementation of the writ, contrary to the claim of complainants, did not cause any undue damage because the piggery was already vacant when the demolition took place on July 29, 2009. In fact, Barangay Kagawad Nelson Da-as and Police Officer III Donato Anatado were present on the day of the demolition.  In his Supplemental Comment, [24] Sheriff Calsenia denied that he mishandled complainants' belongings because the house was already empty at the time of the demolition.  He also denied stealing building materials from the site and even advised complainants' representative, Johnmilgen Villa, to get the remaining materials but, apparently, he failed to take them.  He claimed that he did not notice that plaintiffs took some of the old iron sheets and G.I. pipes because he was preoccupied with the supervision of the demolition.  When he learned of it, he immediately advised the plaintiffs to return the materials but they refused, so he directed the recording and inventory of the items taken by them.

    The Office of the Court Administrator (OCA), in its Report dated May 10, 2011, [25] found OIC Bartolome to be innocent of the charges and recommended the dismissal of the administrative complaint against her. With respect to Judge Ayco, the OCA considered him liable for undue delay in resolving the complainants' motion for reconsideration in Civil Case No. 386-N.  As to Sheriff Calsenia, the OCA found him to be administratively liable for his failure to serve a notice to vacate prior to the implementation of the writ of possession and demolition. Accordingly, the OCA recommended that Judge Ayco be admonished and warned that a repetition of the same or similar acts would merit a more severe penalty, and Sheriff Calsenia be penalized with two months suspension with a stern warning that a repetition of the same or equivalent acts in the future would warrant a stricter penalty.

    After careful consideration of the case, the Court finds the recommendations of the OCA to be well-taken, except as to the penalty with respect to Sheriff Calsenia.

    The Court agrees with the OCA's recommendation to dismiss the case against OIC Bartolome for lack of merit.  Complainants claimed that OIC Bartolome should not have accepted the plaintiffs' Motion for Issuance of Writ of Possession and Demolition on account of the absence of the notice of hearing and failure to comply with the three-day notice rule on hearing of motions.

    A scrutiny of the records reveals that the said motion enclosed a notice of hearing scheduled on March 13, 2009. At any rate, her issuance of the Writ of Possession and Demolition was pursuant to the April 30, 2009 Order of the RTC and to her ministerial duty to abide by such instruction.  As to the allegation of discourteous conduct against OIC Bartolome, the complainants failed to substantiate it. In administrative proceedings, the burden of proof that the respondent committed the act complained of rests on the complainant. The complainant must be able to show this by substantial evidence, or such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Otherwise, the complaint should be dismissed. [26]

    With respect to Judge Ayco, the Court stresses that the propriety or impropriety of the motion for reconsideration is judicial in nature and therefore, beyond the scope of this administrative proceedings. He however, cannot be excused for the delay in resolving complainants' motion for reconsideration. Records show that the motion was deemed submitted for resolution on November 16, 2007, [27] and Judge Ayco denied the motion only on July 31, 2008. As found out by the OCA, it took eight months for him to resolve the said motion which was in violation of Rule 37, Section 4 [28] of the Rules of Court requiring said motions to be resolved within thirty (30) days from the time of submission.

    The public's faith and confidence in the judicial system depends largely on the judicious and prompt disposition of cases and other matters pending before the courts. [29]  Failure to decide a case or resolve a motion within the reglementary period constitutes gross inefficiency and warrants the imposition of administrative sanction against the erring judge. [30]

    Under Section 9, Rule 140 of the Revised Rules of Court, undue delay in rendering a decision or order is considered a less serious offense.  Pursuant to Section 11 of the same rule, such offense is punishable by:

    1. Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or

    2. A fine of more than P10,000.00 but not exceeding P20,000.00.

    In Judge Angeles v. Judge Sempio Diy, [31] however, the Court mitigated the penalty to admonition considering that it was the respondent judge's first infraction of the rules and in the absence of bad faith or malice.  Following the said ruling, the Court approves the recommendation of the OCA to admonish Judge Ayco and sternly warn him that a repetition of the same or similar offense will be dealt more severely.

    With respect to Sheriff Calsenia, the Court finds that he failed to strictly comply with the requirement of prior notice to vacate before demolition as required by the rules.  Section 10(c) of Rule 39 of the 1997 Rules of Civil Procedure provides the procedure in the enforcement of the writ.  To quote:

    Sec. 10(c). Delivery or restitution of real property. - The officer shall demand of the person against whom the judgment for the delivery or restitution of real property is rendered and all persons claiming rights under him to peaceably vacate the property within three (3) working days, and restore possession thereof to the judgment obligee; otherwise, the officer shall oust all such persons therefrom with the assistance, if necessary, of appropriate peace officers, and employing such means as may be reasonably necessary to retake possession, and place the judgment obligee in possession of such property. Any costs, damages, rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money. [Emphasis supplied]

    It is the duty of the sheriff to give notice of such writ and demand from the defendant (in this case, the complainants) to vacate the property within three days. Only after such period can the sheriff enforce the writ by the bodily removal of defendant and his personal belongings. [32]  This notice requirement is anchored on the fundamentals of justice and fair play. The law discourages any form of arbitrary and oppressive conduct in the execution of an otherwise legitimate act. [33]  Thus, a sheriff must strictly comply with the Rules of Court in executing a writ.  Any act deviating from the procedure prescribed by the Rules of Court is tantamount to misconduct and necessitates disciplinary action. [34]

    The Court recognizes the fact that sheriffs play a vital role in the administration of justice.  In view of their important position, their conduct should always be geared towards maintaining the prestige and integrity of the court. In Escobar Vda. de Lopez v. Luna, [35] the Court explained that sheriffs have the obligation to perform the duties of their office honestly, faithfully and to the best of their abilities. [36] They must always hold inviolate and revitalize the principle that a public office is a public trust. [37] As court personnel, their conduct must be beyond reproach and free from any doubt that may infect the judiciary. [38] They must be careful and proper in their behavior. [39] They must use reasonable skill and diligence in performing their official duties, especially when the rights of individuals may be jeopardized by neglect. [40] They are ranking officers of the court entrusted with a fiduciary role. [41] They perform an important piece in the administration of justice and they are required to discharge their duties with integrity, reasonable dispatch, due care, and circumspection. Anything below the standard is unacceptable. [42] This is because in serving the court's writs and processes and in implementing the orders of the court, sheriffs cannot afford to err without affecting the efficiency of the process of the administration of justice. [43] Sheriffs are at the grassroots of our judicial machinery and are indispensably in close contact with litigants, hence their conduct should be geared towards maintaining the prestige and integrity of the court, for the image of a court of justice is necessarily echoed in the conduct, official or otherwise, of the people who work thereat, from the judge to the least and lowest of the ranks. [44]

    In this case, Sheriff Calsenia was not able to faithfully do what was required and expected of him.  Thus, the Court agrees with the OCA that Sheriff Calsenia is guilty of simple misconduct.  Under Section 52, B(2), Rule IV of the Revised Uniform Rules on Administrative Cases in the Civil Service, simple misconduct is punishable by suspension for one (1) month and one (1) day to six (6) months for the first offense, and dismissal for the second offense.  Considering that it is the first offense of Sheriff Calsenia, the Court hereby imposes upon Sheriff Calsenia the penalty of three (3) months suspension with stern warning that a repetition of the same or similar offense shall be dealt more severely in the future.

    WHEREFORE, the complaint against respondent Officer-in-Charge/Legal Researcher Virginia M. Bartolome, Regional Trial Court, Branch 26, Surallah, South Cotabato, is DISMISSED for lack of merit; respondent Judge Roberto L. Ayco is hereby  pronounced GUILTY for undue delay in resolving the motion for reconsideration of the third-party claimants in Civil Case No. 386-N and accordingly ADMONISHED with a STERN WARNING that a repetition of the same or equivalent acts shall be dealt more severely in the future; and respondent Sheriff IV Crispin S. Calsenia, Jr. is found GUILTY of simple misconduct and accordingly SUSPENDED from the service for three (3) months without pay and other fringe benefits with a STERN WARNING that a repetition of the same or similar acts in the future shall merit a more severe penalty.

    SO ORDERED.

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

    Endnotes:


    * Designated as additional member in lieu of Associate Justice Diosadado M. Peralta per Special Order No. 1029 dated June 30, 2011.

    ** Designated as additional member of the Third Division per Special Order No. 1028 dated June 21, 2011.

    [1] Rollo, pp. 24-31.

    [2] Penned by Judge Cristeto O. Dinopol.

    [3] Rollo, p. 35.

    [4] Id. at 32-34.

    [5] Id. at 37-42.

    [6] Id. at 25.

    [7] Id.

    [8] Id. at 47-48.

    [9] Id. at 49.

    [10] Id. at 50-52.

    [11] Id. at 53-55.

    [12] Id. at 56-60.

    [13] Id. at 26.

    [14] Id. at 61-64.

    [15] Id. at 65-68.

    [16] Id. at 78-79.

    [17] Id. at 26.

    [18] Id. at 28.

    [19] Id. at 29.

    [20] Id.

    [21] Id. at 94-105.

    [22] Id. at 173-182.

    [23] Id. at 321-329.

    [24] Id. at 330-332.

    [25] Id. at 372-383.

    [26] Adajar v. Develos, 512 Phil. 9, 24-25 (2005).

    [27] Rollo, p. 46.

    [28] Section 4. Resolution of motion.- A motion for new trial or reconsideration shall be resolved within thirty (30) days from the time it is submitted for resolution.

    [29] Gallego v. Acting Judge Doronila, 389 Phil. 677, 681-682 (2000).

    [30] Id. at 684.

    [31] A.M. No. RTJ-10-2248, September 29, 2010.

    [32] Lu v. Judge Siapno, 390 Phil. 489, 498 (2000).

    [33] Raymundo v. Calaguas, 490 Phil. 320, 325 (2005).

    [34] Tan v. Dael, 390 Phil. 841, 845 (2000).

    [35] A.M. No. P-04-1786 (Formerly OCA I.P.I. No. 02-1341-P), 13 February 2006, 482 SCRA 265, 275-276.

    [36] Pecson v. Sicat, 358 Phil. 606, 615-616 (1998).

    [37] Ventura v. Concepcion, 399 Phil. 566, 571 (2000).

    [38] Abanil v. Ramos, Jr. 399 Phil. 572, 577 (2000).

    [39] Tiongco v. Molina, 416 Phil. 676, 683 (2001).

    [40] Id.

    [41] Lobregat v. Amoranto, 467 Phil. 629, 633 (2004).

    [42] Trinidad v. Paclibar, 456 Phil. 727, 731 (2003).

    [43] Abalde v. Roque, Jr., 448 Phil. 246, 256 (2003).

    [44] Villanueva-Fabella v. Judge Lee, 464 Phil. 548, 569-570 (2004).

     [A.M. No. RTJ-11-2284 [Formerly A.M. OCA IPI No. 09-3304-RTJ] : July 13, 2011]   SPOUSES SUR AND RITA VILLA AND LETICIA GOREMBALEM VALENZUELA, COMPLAINANTS, VS. PRESIDING JUDGE ROBERTO L. AYCO, OFFICER-IN-CHARGE/ LEGAL RESEARCHER VIRGINIA M. BARTOLOME AND SHERIFF IV CRISPIN S. CALSENIA, JR., ALL OF THE REGIONAL TRIAL COURT, BRANCH 26, SURALLAH, SOUTH COTABATO, RESPONDENTS.




    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

               

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED