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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. 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.

     
    FIRST DIVISION

    [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.

    D E C I S I O N


    VILLARAMA, JR., J.:

    Before this Court is a petition[1] for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended, seeking to reverse the Decision[2] dated July 18, 2007 of the Court of Appeals (CA) in CA-G.R. SP No. 93642, which set aside the Orders[3] dated August 27, 2003 and December 1, 2005 of the Regional Trial Court (RTC) of San Fernando City, La Union, Branch 66 in Civil Case No. 6846.

    The facts are as follows:

    Sometime in September 2002, petitioner Thunder Security and Investigation Agency, owned and operated by petitioner Lourdes M. Lasala as sole proprietor, entered into a Contract for Security Services[4] with respondent National Food Authority (NFA), Region I.  The contract provided that Thunder Security will provide 132 security guards to safeguard the NFA's personnel, offices, facilities and properties in Region I for a period of one year from September 15, 2002 to September 15, 2003.

    Subsequently, Republic Act (R.A.) No. 9184[5] was enacted on January 10, 2003, and took effect on January 26, 2003. Said law expressly repealed, among others, Executive Order (E.O.) No. 40, Series of 2001[6] which governed the bidding procedure of service contracts in the Government.

    Since petitioner's contract with the NFA was about to expire on September 15, 2003, the NFA caused the publication of an Invitation to Apply for Eligibility and to Bid on May 11 and 18, 2003, intended for all private security agencies.[7] Petitioner paid the bidding fee of P 1,000.00 on May 21, 2003 to signify its intention to participate in the bidding process. However, on June 9, 2003, the NFA, through Assistant Regional Director Victoriano Molina, chairman of respondent NFA-Regional Bids and Awards Committee (NFA-RBAC), notified petitioner to submit the required documents not later than June 19, 2003 in order to qualify for the bidding.[8] On June 26, 2003, the NFA-RBAC informed petitioner that its application to bid had been rejected due to its failure to submit the required documents.[9] Aggrieved, petitioner sent a letter of protest to the NFA on July 10, 2003, contending that until the Implementing Rules and Regulations (IRR) of R.A. No. 9184 can be promulgated, no bidding should take place.[10] Notwithstanding, respondents rejected petitioner's application. Respondents defended their position, citing an instruction coming from then NFA Administrator Arthur C. Yap which directed that in the absence of the said IRR and due to the exigency of the service, respondents' projects would be temporarily guided by the provisions of E.O. No. 40, among others, provided the same are consistent with R.A. No. 9184.[11]

    Unfazed, petitioner filed before the RTC a Petition[12] for Prohibition and Preliminary Injunction, with a prayer for the issuance of a Temporary Restraining Order (TRO) plus Damages, seeking, among others, to enjoin respondents from awarding the contract to another security agency. On August 8, 2003, the RTC issued a TRO against respondents.[13] Correlatively, in its Order[14] dated August 27, 2003, the RTC granted the writ of preliminary injunction in favor of petitioner and directed respondents to desist from terminating petitioner's services until further orders from the RTC. The RTC held that the composition and the orders of the NFA-RBAC were void because the IRR of R.A. No. 9184 has not yet been promulgated. The RTC also found that no observers from the private sector were present in the bidding process as required by law. The RTC ordered:

    WHEREFORE, premises considered[,] let [a] Writ of Preliminary Injunction [be issued] against respondents National Food Authority Region I and the Regional Bid and Awards Committee (RBAC) enjoining and restraining said respondents and all persons acting in their behalf from awarding the contract for security services in NFA Region I and from terminating the services of petitioner until further orders from the Court, upon payment of an Injunction Bond in the amount of Php50,000.00 in the name of the respondents to answer for any and all damages which the respondents may suffer in the event that the Court should finally decide that petitioner is not entitled to the issuance thereof.

    Let the Pre-trial Conference of this case be set on September 22, 2003 at 2:00 o'clock in the afternoon.

    SO ORDERED.[15]

    Respondents filed a Motion for Reconsideration[16] on September 23, 2003, contending that per Minutes of the Meeting[17] for public bidding held on July 16, 2003, three independent observers were actually present, namely, Floriano S. Gallano, Jenny Lilan and Antonita S. Hagad.  On October 8, 2003, IRR Part A[18] (IRR-A) of R.A. No. 9184 also took effect. Nonetheless, the RTC denied respondents' motion for reconsideration in its Order[19] dated December 1, 2005. Thus, respondents sought recourse from the CA by way of certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, charging the RTC of grave abuse of discretion in the issuance of the said orders.[20]

    On July 18, 2007, the CA granted the petition.  It held that the RTC gravely abused its discretion when it issued the writ of preliminary injunction against respondents despite the utter lack of basis and justification for its issuance. The CA highlighted that while IRR-A of R.A. No. 9184 took effect on October 8, 2003,[21] and thus could not have been applied by the RTC in its August 27, 2003 Order, its failure to consider the said IRR-A in resolving respondents' motion for reconsideration amounted to grave abuse of discretion. The CA added that contrary to the trial court's ruling, there were three observers present during the bidding process, as shown by the Minutes of the Meeting for public bidding held on July 16, 2003. The CA further opined that petitioner did not appear to possess a clear legal right to enjoin the awarding of the contract considering that petitioner's right to participate in the bidding was itself dubious as petitioner failed to submit the necessary documents required by respondents. However, the CA clarified that its decision was merely focused on the issue of the impropriety of the issuance of the writ of preliminary injunction and not on the issues of the propriety of the award of the contract and damages. Thus, the CA held that the latter issues should still be heard by the RTC.[22] The dispositive portion of the CA decision reads:

    WHEREFORE, in view of the foregoing, the instant PETITION is hereby GRANTED. The Orders issued by Branch 66 of the Regional Trial Court of San Fernando City, La Union dated August 27, 2003 and December 1, 2005 in Civil Case No. 6846 are hereby SET ASIDE.

    SO ORDERED.[23]

    Petitioner filed a Motion for Reconsideration[24] but the CA denied the same in its Resolution[25] dated March 5, 2008.

    Hence, this petition which raised the following issues:

    1. Whether the Court of Appeals committed a reversible error when it held that the respondents did not err in applying E.O. 40 in the conduct of the bidding[;]

    2. Whether the Court of Appeals committed a reversible error when it held that there was no irregularity attending the questioned bidding[; and]

    3. Whether the Court of Appeals committed a reversible error when it reversed the Orders of [the RTC] granting injunctive relief to herein petitioner[.][26]

    Petitioner emphasizes that R.A No. 9184, which expressly repealed E.O. No. 40, was already in force at the time the bidding was conducted in this case on July 16, 2003; hence, it was error for the NFA and the NFA-RBAC to conduct the public bidding in accordance with E.O. No. 40.  Petitioner also abandons its initial stance regarding the need for implementing rules and regulations, and now argues that even without its IRR, R.A. No. 9184 can be understood and enforced.  Petitioner adds that there is no provision of law or jurisprudence which requires that there must first be an IRR before a law takes effect, and adds that NFA Administrator Arthur C. Yap and his subordinates cannot suspend the operation of R.A. No. 9184 and order that bidding be conducted in accordance with E.O. No. 40 which was already repealed. Petitioner also insists that there was an irregularity in the bidding process as the observers presented by respondents were allegedly not independent and cannot be relied upon to observe the process diligently. Petitioner further insists that the presence or absence of observers in the bidding process is a question of fact which the CA cannot tackle in a petition for certiorari under Rule 65. As such, the CA should have remanded the case to the RTC for the determination of the question of fact.[27]

    On the other hand, respondents through the Office of the Government Corporate Counsel (OGCC), counter that petitioner failed to present any evidence before the RTC and the CA to substantiate its claim that the NFA-RBAC was not constituted in accordance with R.A. No. 9184. Having alleged a violation of law, it was incumbent upon petitioner to prove by sufficient evidence that there was indeed such violation. The OGCC points out that unlike petitioner, respondents were able to prove sufficiently that there were actually three observers present during the bidding process, which fact the RTC failed to consider. Moreover, the OGCC argues that respondents' reliance on E.O. No. 40, pending the promulgation of the IRR of R.A. No. 9184, was allowed by Section 77[28] of IRR-A.  There was likewise no violation of any clear and unmistakable right of petitioner as to warrant the issuance of the writ of preliminary injunction. The OGCC points out that the rejection of petitioner's application was actually petitioner's own fault because petitioner failed to submit the necessary documents despite several notices. Finally, the OGCC stresses that the trial court judge issued the writ of preliminary injunction in violation of the law and with grave abuse of discretion because it effectively and indefinitely renewed and extended the contract between the parties contrary to jurisprudence that no court can compel a party to agree to a contract through the instrumentality of a writ of preliminary injunction.[29]

    Essentially, the sole issue for our resolution is whether the CA erred in setting aside the RTC orders which granted injunctive relief to petitioner.

    The petition is bereft of merit.

    Section 3, Rule 58 of the 1997 Rules of Civil Procedure, as amended, provides the grounds for the issuance of a preliminary injunction:

    SEC. 3. Grounds for issuance of preliminary injunction. -- A preliminary injunction may be granted when it is established:

    (a)  That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts, either for a limited period or perpetually;

    (b)  That the commission, continuance or nonperformance of the act or acts complained of during the litigation would probably work injustice to the applicant; or

    (c)  That a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done, some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectual.

    Based on the foregoing provision, we held in Philippine Ports Authority v. Cipres Stevedoring & Arrastre, Inc.,[30] to wit:

    A preliminary injunction is an order granted at any stage of an action prior to judgment of final order, requiring a party, court, agency, or person to refrain from a particular act or acts. It is a preservative remedy to ensure the protection of a party's substantive rights or interests pending the final judgment in the principal action. A plea for an injunctive writ lies upon the existence of a claimed emergency or extraordinary situation which should be avoided for otherwise, the outcome of a litigation would be useless as far as the party applying for the writ is concerned.

    At times referred to as the "Strong Arm of Equity," we have consistently ruled that there is no power the exercise of which is more delicate and which calls for greater circumspection than the issuance of an injunction. It should only be extended in cases of great injury where courts of law cannot afford an adequate or commensurate remedy in damages;  "in cases of extreme urgency; where the right is very clear; where considerations of relative inconvenience bear strongly in complainant's favor; where there is a willful and unlawful invasion of plaintiff's right against his protest and remonstrance, the injury being a continuing one, and where the effect of the mandatory injunction is rather to reestablish and maintain a preexisting continuing relation between the parties, recently and arbitrarily interrupted by the defendant, than to establish a new relation."

    For the writ to issue, two requisites must be present, namely, the existence of the right to be protected, and that the facts against which the injunction is to be directed are violative of said right. It is necessary that one must show an unquestionable right over the premises.[31]

    Thus, the following requisites must be proved before a writ of preliminary injunction, be it mandatory or prohibitory, will issue:

    (1) The applicant must have a clear and unmistakable right to be protected, that is a right in esse;

    (2) There is a material and substantial invasion of such right;

    (3) There is an urgent need for the writ to prevent irreparable injury to the applicant; and

    (4) No other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable injury.[32]

    In this case, it is apparent that when the RTC issued its December 1, 2005 Order, petitioner has no more legal rights under the service contract which already expired on September 15, 2003. Therefore, it has not met the first vital requisite that it must have material and substantial rights that have to be protected by the courts.[33] It bears stressing that an injunction is not a remedy to protect or enforce contingent, abstract, or future rights; it will not issue to protect a right not in esse and which may never arise, or to restrain an act which does not give rise to a cause of action. There must exist an actual right.[34] Verily, petitioner cannot lay claim to an actual, clear and positive right based on an expired service contract.

    Moreover, well-entrenched in this jurisdiction that no court can compel a party to agree to a contract through the instrumentality of a writ of preliminary injunction.[35] A contract can be renewed, revived or extended only by mutual consent of the parties.[36] By issuing the assailed orders most particularly its December 1, 2005 Order, the RTC in effect extended the life of the parties' expired contract in clear contravention of our earlier pronouncements.

    In sum, we find that the CA committed no reversible error in rendering the assailed decision which would warrant the modification, much less, the reversal thereof.

    WHEREFORE, the instant petition for review on certiorari is DENIED. The Decision dated July 18, 2007 of the Court of Appeals in CA-G.R. SP No. 93642 is AFFIRMED.

    With costs against the petitioner.

    SO ORDERED.

    Corona, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Del Castillo, JJ., concur.

    Endnotes:


    [1] Rollo, pp. 8-15.

    [2] Id. at 18-37. Penned by Associate Justice Mariflor P. Punzalan Castillo with Associate Justices Marina L. Buzon and Rosmari D. Carandang concurring.

    [3] Records, pp. 111-116, 327-330.

    [4] Id. at 11-16.

    [5] Entitled, "An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for Other Purposes."

    [6] Entitled, "Consolidating Procurement Rules and Procedures for all National Government Agencies, Government-Owned or -Controlled Corporations and Government Financial Institutions, and Requiring the Use of the Government Electronic Procurement System," issued on October 8, 2001.

    [7] Records, p. 17.

    [8] Id. at 19. Per notice, petitioner failed to submit clearances coming from the National Labor Relations Commission (NLRC), Social Security System (SSS), Philippine National Police-Security Agency Guard Supervision Division (PNP-SAGSD) or Philippine National Police-Firearms and Explosive Division (PNP-FED) and a Business Permit for the NFA's La Union branch.

    [9] Id. at 20.

    [10] Id. at 22.

    [11] Id. at 23-25.

    [12] Id. at 30-39.

    [13] Id. at  89.

    [14] Id. at 111-116.

    [15] Id. at 115.

    [16] Id. at 147-153.

    [17] Id. at 154-156.

    [18] Entitled, "Implementing Rules and Regulations of Republic Act No. 9184 otherwise known as The Government Procurement Reform Act."

    [19] Supra note 3.

    [20] CA rollo, pp. 2-21.

    [21] The CA decision erroneously stated that IRR-A of R.A. No. 9184 took effect on October 7, 2003; supra note 2 at 33.

    [22] Supra note 2.

    [23] Id. at 36.

    [24] CA rollo, pp. 258-259.

    [25] Rollo, pp. 39-40.

    [26] Id. at 65.

    [27] Id. at 66-72.

    [28] Section 77. Transitory Clause

    In all procurement activities, if the advertisement or invitation for bids was issued prior to the effectivity of the Act, the provisions of E.O. 40 and its IRR, P.D. 1594 and its IRR, R.A. 7160 and its IRR, or other applicable laws, as the case may be, shall govern.

    In cases where the advertisements or invitations for bids were issued after the effectivity of the Act but before the effectivity of this IRR-A, procuring entities may continue adopting the procurement procedures, rules and regulations provided in E.O. 40 and its IRR, P.D. 1594 and its IRR, R.A. 7160 and its IRR, or other applicable laws, as the case may be.

    [29] Rollo, pp. 85-90.

    [30] G.R. No. 145742, July 14, 2005, 463 SCRA 358.

    [31] Id. at 373-374. Citations omitted and emphasis supplied.

    [32] St. James College of Parañaque v. Equitable PCI Bank, G.R. No. 179441, August 9, 2010, 627 SCRA 328, 344, citing Biñan Steel Corporation v. Court of Appeals, G.R. Nos. 142013 & 148430, October 15, 2002, 391 SCRA 90; and Hutchison Ports Philippines Ltd. v. Subic Bay Metropolitan Authority, G.R. No. 131367, August 31, 2000, 339 SCRA 434. Emphasis supplied.

    [33] Manila International Airport Authority v. Olongapo Maintenance Services, Inc., G.R. Nos. 146184-85, 161117 and 167827,  January 31, 2008, 543 SCRA 269, 288-289.

    [34] Go v. Villanueva, Jr., G.R. No. 154623, March 13, 2009, 581 SCRA 126, 133-134, citing Republic v. Villarama, Jr., G.R. No. 117733, September 5, 1997, 278 SCRA 736, 749.

    [35] See Manila International Airport Authority v. Olongapo Maintenance Services, Inc., supra note 33 at 289; Light Rail Transit Authority v. Court of Appeals, G.R. Nos. 139275-76 and 140949,  November 25, 2004, 444 SCRA 125, 139; and National Food Authority v. Court of Appeals, G.R. Nos. 115121-25, February 9, 1996, 253 SCRA 470, 479.

    [36] Light Rail Transit Authority v. Court of Appeals, id.

    [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.


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