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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
 

   
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 PIÑAS 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-CABAÑA, 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, PARAÑAQUE 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.

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

     
    SECOND DIVISION

    [G.R. No. 163252 : July 27, 2011]

    ABOSTA SHIPMANAGEMENT CORPORATION, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION (FIRST DIVISION) AND ARNULFO R. FLORES, RESPONDENTS.

    D E C I S I O N


    BRION, J.:

    The petition for review on certiorari [1] before us seeks the reversal of the resolutions of the Court of Appeals (CA), dated October 20, 2003 [2] and April 6, 2004, [3] rendered in CA-G.R. SP No. 66806.

    The Facts

    Respondent Arnulfo R. Flores entered into a 12-month contract of employment, as radio officer, with the petitioner Abosta Shipmanagement Corporation (agency) for and in behalf of Panstar Shipping Co. Ltd. (Panstar) of Busan, South Korea. Under the contract, Flores was to receive a salary of US$728.00/month for a 48-hour work week, a guaranteed overtime pay of US$439.00 a month, a monthly vacation pay of US$146.00, and a supplemental allowance of US$33.00 a month.

    Flores joined the vessel M/V Morning Charm sometime in June 1997. The Master of the vessel, Captain B.H. Mun, and Chief Engineer Gowang Gun Lee are from South Korea. Aside from Flores, there were other Filipino workers on the vessel. On November 29, 1997, Flores was repatriated due to alleged infractions committed while on board the vessel. In reaction, he filed a complaint for illegal dismissal on January 13, 1998 against the agency and Panstar.

    The Compulsory Arbitration Proceedings

    Before the labor arbiter, Flores alleged that in the course of his employment, he was asked by the Master to coordinate with several crew members who were requesting that they be allowed to resign or pre-terminate their employment contracts due to the alleged mismanagement of the vessel. He acted as coordinator as bidden, but was surprised to learn later that he was one of those whose resignations were accepted. He sought clarification from the Master, only to be told that he was among the crew members who were considered to have resigned; hence, his discharge on November 29, 1997.

    Upon his return to Manila, he immediately informed the agency that he had been erroneously included among those who were considered resigned.  He was surprised to learn that he was blamed for having instigated the mass resignation of the Filipino crew. When he tried to explain his side, the agency told him that the action taken by the Master was final and that it was not interested in his story.

    For their part, the agency and Panstar argued that Flores, while in their employ, insistently and rudely questioned the crew's working schedule, including the propriety of requiring them to render overtime services. They claimed that Flores instigated the crew to rebel against the authority of the Master, under the guise of questioning social security and income tax deductions. As a result, the crew members became unruly, arrogant, and impolite, and were even violent in expressing their views. They even refused to obey the lawful orders of the Master and the senior officers, thus causing dissension on board the vessel.

    The agency alleged that sometime in September 1997, Flores prepared a petition for five Filipino crew members from the engine department, demanding the ouster of 1st Assistant Engineer Rodolfo Escarola, reportedly for incompetence and inefficiency; they threatened mass resignation. To create further unrest and dissatisfaction, Flores induced Sofronio Tibay, Herman Sebuando, Primitive Ferrer and Raymundo Angel, of the same department, to write a letter to the ship management that they would be taking their emergency leaves, one after the other, in November 1997. They charged the vessel officers of mismanaging the crew. When confronted about the letter, however, they denied most of the letter's contents, pointing to Flores as the author of the letter. At Flores' instigation, the crew members threatened to disembark without waiting for their replacements. The Master asked them to work for a less drastic solution, but they maintained their threat.

    In light of the growing unrest on board the ship and Flores' negative work attitude, the Master, Capt. B.H. Mun, asked Flores to explain why he should not be administratively sanctioned for (1) disrespecting his superior officers through his unruly, discourteous, impolite and violent behavior; (2) inciting the crew to commit insubordination and engaging in an activity which tends to create discontent among the crew or to destroy harmonious relations with the principal; and (3) inefficiency and other infractions, specifically: (a) staying at his quarters most of the time while on duty, leaving unattended the messages from the charterer or from the Panstar office; (b) revealing confidential messages to the crew without the Master's permission; and (c) insubordination.

    According to the agency and Panstar, Flores became enraged after he was informed of the charges, but could only vehemently deny the accusations.  The Master then decided to separate Flores from the service as the former was convinced that the charges were well-founded. The agency and Panstar claimed that Flores was paid his overtime pay, salary for November 1997, and accrued vacation leave pay.

    In a decision dated August 20, 1999, [4] Labor Arbiter Adolfo C. Babiano dismissed the complaint for lack of merit. He found that the evidence the agency and Panstar presented were convincing enough to prove that Flores was a serious threat to the safety of the vessel and its crew. He noted that Flores failed to refute the agency's and Panstar's allegations that he incited the crew to rebel against the authority of the Master and the vessel's senior officers. He also found Flores to have been paid all his monetary entitlements.

    On appeal by Flores, the National Labor Relations Commission (NLRC), in its decision of December 29, 2000, [5] reversed the labor arbiter's ruling.  The NLRC found that the agency and Panstar failed to prove (1) that Flores' termination of employment was for a just or authorized cause and (2) that he was accorded due process. It opined that the main basis for the dismissal action against Flores was the accusation that he agitated the crew to rebel against the authorities of M/V Morning Charm, as reported by the Chief Officer (Chief Mate) and the 1st Assistant Engineer. The reports, the NLRC believe, did not constitute proof of the validity of the dismissal.

    Moreover, the NLRC noted that Flores was dismissed immediately after the Master conducted his inquiry on November 17, 1997.  It stressed that the Master's so called administrative inquiry did not satisfy the due process requirements, as Flores was not given an adequate time for his defense.

    Accordingly, the NLRC declared Flores to have been illegally dismissed. It directed the agency and Panstar to pay Flores, jointly and severally, US$2,184.00 as salary for the unexpired portion of his contract, P50,000.00 in moral damages, and P25,000.00 in exemplary damages, plus 10% attorney's fees. The agency moved for reconsideration, but the NLRC denied the motion in its order of July 18, 2001. [6] The agency then sought relief from the CA, through a petition for certiorari under Rule 65 of the Rules of Court.

    The CA Ruling

    In its first assailed resolution (dated October 20, 2003), [7] the CA dismissed the petition due to insufficiency in substance, [8] as the petitioner failed to show that the NLRC committed grave abuse of discretion in reversing the labor arbiter's decision finding Flores' dismissal legal. It sustained the NLRC's conclusion that the dismissal was without a valid cause and that Flores was denied due process.

    The second assailed CA resolution [9] denied the agency's motion for reconsideration, prompting the agency's present appeal [10] to this Court.

    The Petitioner's Case

    Through its submissions -- the petition itself, [11] the reply to Flores' comment [12] and the memorandum [13] -- the agency contends that in affirming the NLRC ruling, the CA deviated from the "substantial evidence rule" in quasi-judicial proceedings. It argues that Flores' employer, Panstar, met this standard of evidence through the affirmative declarations (reports) of Capt. B.H. Mun, Chief Officer Alfredo R. de Luna and 1st Assistant Engineer Rodolfo Escarola that Flores committed the infractions which led to his dismissal.  In the face of these positive statements, the agency points out that Flores could only offer bare and self-serving denials. It stresses too that, contrary to the impression of the NLRC and the CA, Flores' dismissal was not only for inciting members of the crew to rebel against the ship officers, but also for other causes such as inefficiency and insubordination or disobedience to the lawful orders of a superior officer, all prejudicial to the interests of the employer.

    The agency insists that Flores' contumacious acts, while on board the vessel, constituted a serious and grave offense which posed a threat to the safety of the crew and the vessel. It adds that they also reflected Flores' arrogance and disobedience to lawful orders/directives of his superiors, punishable by dismissal pursuant to Section 31 of the Philippine Overseas Employment Administration Standard Employment Contract.

    The agency posits that the CA erred in brushing aside the findings of the labor arbiter. It calls attention to the labor arbiter's observation that Flores failed to refute the agency's allegation that he incited the crew to rebel against the authority of the Master and the senior officers of the vessel. Flores did not also refute the charge that to pressure the principal, he induced some members of the crew to take their emergency leaves one by one and to threaten the principal to an early sign-off.

    The Case for Flores

    In his comment [14] and memorandum, [15] Flores asks that the petition be dismissed for raising purely questions of fact and not of law. He contends that the appellate court's findings are not to be disturbed as they are binding upon this Court and, although there are certain exceptions to the rule, the petition does not fall within any of the exceptions. [16]

    Flores further submits that aside from raising only questions of fact, the agency failed to state any special and important reasons to justify the exercise by the Court of its discretionary appellate jurisdiction in the case. [17]

    The Court's Ruling

    The procedural question

    We first resolve the procedural issue of whether we should rule on the petition which, as Flores contends, raises only questions of fact and not of law. While it is true that the Court is not a trier of facts, we deem it proper to re-examine the evidence in view of the variance in the factual findings of the labor arbiter, on the one hand, and of the NLRC and the CA, on the other hand.

    The substantive issue

    After a careful and objective study of the parties' submissions, we find that there is substantial evidence on record supporting Flores' dismissal. "Substantial evidence[, it must be stressed,] is more than a mere scintilla[. It means such] relevant evidence as a reasonable mind might accept as adequate to support a conclusion, even if other minds, equally reasonable, might conceivably opine otherwise." [18]

    The agency, to our mind, succeeded in showing, by substantial evidence, that its principal (Panstar) had a valid reason for terminating Flores' employment. The Master, Capt. B.H. Mun, decided to dismiss him not only for agitating the crew to rebel against the authorities of the vessel M/V Morning Charm (which the NLRC considered as the main reason for the dismissal), [19] but for several other infractions. As the records show, and as Capt. B.H. Mun stressed in his letter of November 17, 1997 to the agency management, [20] Flores was also charged with inefficiency or neglect of duty, insubordination, insolent and disrespectful behavior, and other actuations which made him unfit for his position and rank.

    Capt. B.H. Mun's letter chronicled the bases of the charges lodged against Flores, and its salient points may be summarized as follows:

    1. Since Flores came on board, he had been complaining about the deduction of US$40.00 from the crew's monthly allotment for the Associated Marine Officers' and Seamen's Union of the Philippines (AMOSUP) Fund. To Capt. B.H. Mun's knowledge, the crew members were aware of the deduction. Despite this, Flores prepared a letter to the International Transport Workers' Federation (ITF) and asked the crew members to sign it. Capt. B.H. Mun asked Flores to explain the contents of the ITF letter to the crew to avoid any misunderstanding.  Instead of pacifying the crew, he stirred them up and made them even more agitated. Also, despite Capt. B.H. Mun's instructions to the contrary, he prepared letters for the crew containing his own complaints and sentiments against the company rather than those of the crew.

    2. He revealed to the crew all outgoing and incoming messages, without informing Capt. B.H. Mun.

    3. Contrary to Capt. B.H. Mun's instructions, Flores issued shore-passes to the deck crew without the permission of the chief mate when the vessel made a port call at Maputo during its last voyage. The deck crew members were not supposed to go on shore as cargo was being unloaded at the time. It was a rush operation which had to be supervised and monitored to avoid damage to the cargo and to be on alert for stowaways. Flores went on shore nevertheless, with some of the crew to whom he had issued shore-passes.

    4. Flores entered in his overtime sheet 40-50 hours in excess of the monthly 85 hours, despite the captain's instructions to the crew not to go over 85 hours; Flores did this to give the impression that he was doing a lot of work.

    5. Flores stayed most of the time at the crew restroom while on duty instead of the radio room, resulting in the failure, at times, of the charterer and the Panstar Busan Office to communicate with the vessel by INMARSAT phone. This gave rise to several complaints, especially from the charterer who was compelled to use two communication devices -- the facsimile machine and the telex -- to send the same instruction or message to the vessel.

    Capt. B.H. Mun considered the foregoing infractions and a few more mentioned in his letter as indications of Flores' efforts to bypass his authority and to act at cross purposes with him.

    It is clear that the letters of Chief Officer De Luna [21] and 1st Assistant Engineer Escarola [22] to Panstar's Capt. Chung, detailing how Flores agitated the crew (with charges of mismanagement of the vessel), and Capt. B.H. Mun's letter to the agency all depict a radio officer who undermined the authority of the shipmaster and the other officers in the guise of raising labor-management issues on board the vessel. Additionally and as an indication of his disrespect for the vessel's management, as well as his low regard for his work, he neglected his duties as radio officer and disobeyed Capt. B.H. Mun's instructions on several occasions. It is no surprise that his record of service [23] yielded a very poor assessment or a "no further employment" assessment.

    The NLRC grossly erred in rejecting the letters as proof of the validity of Flores' dismissal. It misappreciated the contents of the letters, especially that of Capt. B.H. Mun. They did not contain "a mere accusation of wrongdoing." [24] The letters made direct affirmative statements on Flores' transgressions, all of which only elicited angry denials from him. More significantly, he failed to refute the charges in the compulsory arbitration proceedings, as the labor arbiter emphasized in his decision. This aspect of the case should have been given due consideration by the NLRC.

    In a different vein, Flores questioned the probative value of Capt. B.H. Mun's statements, contending that they are self-serving. He regarded them as pure hearsay which cannot be considered as evidence. It bears stressing in this regard that under the law, technical rules of evidence are not binding in administrative proceedings, and the NLRC and the labor arbiters "shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure, all in the interest of due process." [25]

    Hearsay or not, and by way of reiteration, Capt. B.H. Mun's statements cannot just be ignored, for Flores himself admitted in his position paper, as noted by the labor arbiter, that the shipmaster asked him to be the coordinator or go-between for several crew members who wanted to pre-terminate their contract. [26] It is not disputed that Flores acted as such coordinator between the crew and Capt. B.H. Mun. Thus, Capt. B.H. Mun specifically asked him to explain to the crew the deduction of US$40.00 from their monthly allotment for the AMOSUP Fund so that they would understand and would not to be agitated; instead of doing this, he stirred up the crew further. In fractured English, Capt. B.H. Mun stated:

    Notwithstand he should if necessary take all his way be persuaded and kindly explained to the crew about misunderstanding ITF contents, but he did has to say nothing of crew persuasion, more excite with big voices and stir up to the crew to mischief. Two anhalf months ago, I asked him that don't be helping to crew to be sent company their letters specially, because his prepared it for crew had writ down his own complaining with unless and reactive stories thru their letter. He didn't still follow to master instruction that's why help to nice preparing crew letter according to his say. [27]

    The fact that Flores acted as coordinator or liaison between the crew and the vessel's officers signifies that Flores did interact with the crew, and had the opportunity to sow discontent among them towards the shipmanagement. Flores' infractions, as mentioned in the letters, could not have been just pigments of the imagination of Capt. B.H. Mun and the other officers as Flores insinuated; they were reporting on Flores' actual transgressions while on board the vessel.

    Still on the probative value of the letters, Flores wondered why the agency did not present in evidence the vessel's logbook [28] -- the official records of a ship's voyage that the master is required by law to keep and where he records the decision/s he made during the voyage, including all happenings on board. [29] The existence of a logbook, however, does not at all preclude the admission and consideration of other accounts of what was happening on board the  vessel, such as, in this instance, the shipmaster's report. In Abacast Shipping and Management Agency, Inc. v. NLRC, [30] the Court explained -

    <BLOCKQUOTE>The [logbook] is a respectable record that can be relied upon to authenticate the charges filed and the procedure taken against the employees prior to their dismissal. Curiously, however, no entry from such [logbook] was presented at all in this case. What was offered instead was the shipmaster's report, which was later claimed to be a collation of excerpts from such book.

    x x x x

    At that, even if the shipmaster's report were to be admitted and considered, a close reading thereof will show that the private respondents have not committed any act that would justify the termination of their services before the expiration of the contracts.</BLOCKQUOTE>

    While the shipmaster's report was not considered in Abacast Shipping, the reason behind the rejection was the Court's conclusion that the separated employees had not committed any act that would justify their dismissal, as their dismissal was based on mere apprehension. This situation does not obtain in Flores' case. As mentioned earlier, Capt. B.H. Mun's report made affirmative statements regarding Flores' infractions that led to his dismissal. These infractions involved not only instigating several crew members to rebel against the vessel's authorities and to disrespect their superiors, but also other transgressions that made him unfit to continue in employment.

    Even as he assailed the reports of Capt. B.H. Mun and the other officers as hearsay and self-serving, Flores failed to controvert the affirmative statements made in the reports. The reports were submitted on compulsory arbitration.  He did not refute the charges, thus leaving them unrebutted. Capt. B.H. Mun's statements, corroborated by the reports of Chief Officer De Luna and 1st Assistant Engineer Escarola, should have therefore been admitted as sufficient support for the charges.

    On the whole, we are convinced that Flores' dismissal was justified on the following grounds:

    1. Sowing intrigue and dissension on board the vessel M/V Morning Charm; [31]
    2. Inefficiency and neglect of duty; [32] and
    3. Insubordination or disobedience of the lawful orders of the shipmaster. [33]

    The NLRC's rulings, disregarding these grounds, do not only constitute errors in the appreciation of evidence; they were gross errors as they practically disregarded the petitioner's evidence. Hence, the CA erred in not recognizing these errors for what they were -- grossly abusive acts that affected the NLRC's exercise of its jurisdiction.

    The procedural due process issue

    The records bear out that Flores was not given a reasonable opportunity to present his side vis- -vis the charges at the time he was dismissed. As the NLRC noted, Flores was immediately dismissed after Capt. B.H. Mun conducted his inquiry on November 17, 1997. Although Flores merely issued a vehement denial, Capt. B.H. Mun should have given him a reasonable time to explain, if necessary, in writing. While this lapse in procedure cannot negate the existence of a valid cause for Flores' dismissal, as discussed above, the violation of his right to procedural due process warrants the payment of indemnity in the form of nominal damages, as we held in Agabon v. National Labor Relations Commission. [34] Given the circumstances in the present case, we deem an award of nominal damages to Flores in the amount of P30,000.00 to be appropriate.

    In sum, we find the petition meritorious.

    WHEREFORE, premises considered, the resolutions dated October 20, 2003 and April 6, 2004 of the Court of Appeals are SET ASIDE. We DECLARE the dismissal of respondent Arnulfo R. Flores LEGAL, but AWARD him nominal damages in the amount of P30,000.00 for the violation of his procedural due process rights.

    No cost.

    SO ORDERED.

    Carpio, (Chairperson), Leonardo-De Castro,* Peralta,** and Perez, JJ., concur.

    Endnotes:


    * Designated as Acting Member of the Second Division per Special Order No. 1006 dated June 10, 2011.

    ** Additional member in lieu of Associate Justice Maria Lourdes P. A. Sereno per Special Order No. 1040 dated July 6, 2011.

    [1] Rollo, pp. 9-23; filed pursuant to Rule 45 of the Rules of Court.

    [2] Id. at 31-32; penned by Associate Justice Ruben T. Reyes (now a retired member of this Court), and concurred in by Associate Justice Edgardo P. Cruz and Associate Justice Noel G. Tijam.

    [3] Id. at 28-29.

    [4] Rollo, pp. 33-42.

    [5] Id. at 75-82.

    [6] CA rollo, pp. 17-18.

    [7] Supra note 2.

    [8] RULES OF COURT, Rule 65, Section 6.

    [9] Supra note 3.

    [10] Supra note 1.

    [11] Ibid.

    [12] Rollo, pp. 84-90.

    [13] Id. at 209-224.

    [14] Id. at 66-71.

    [15] Id. at 107-119.

    [16] RULES OF COURT, Rule 45, Section 1.

    [17] Id., Section 6.

    [18] Abel v. Philex Mining Corporation, G.R. No. 178976, July 31, 2009, 594 SCRA 683, 692-693, citing Community Rural Bank of San Isidro (N.E.), Inc. v. Paez, G.R. No. 158707, November 27, 2006, 508 SCRA 245, 257-258.

    [19] Supra note 5, at 79, par 1.

    [20] CA rollo, pp. 47-49; Annex "E."

    [21] Id. at 43-44; Annex "D."

    [22] Id. at pp. 45-46; Annex "D-1."

    [23] Id. at 50; Annex "E-1."

    [24] Supra note 5, at 79.

    [25] LABOR CODE, Article 221, par. 1.

    [26] Supra note 5, at 33.

    [27] Supra note 20, at 47.

    [28] CA rollo, p. 146.

    [29] Citing Haverton Shipping Ltd., et al. v. NLRC, et al., 220 Phil. 356 (1985).

    [30] 245 Phil. 487, 490 (1988).

    [31] POEA STANDARD EMPLOYMENT CONTRACT, Sections 33(13) & 15.

    [32] Id. at Section 33(10).

    [33] Id. at Section 33(5)(a), (e), (g).

    [34] 485 Phil. 248 (2004).

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


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