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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
 

   
August-2014 Jurisprudence                 

  • A.M. No. P-14-3222 (Formerly A.M. OCA IPI NO. 11-3609-P), August 12, 2014 - PRESIDING JUDGE JOSE B. LAGADO AND CLERK OF COURT II JOSEFINA C. EMPUESTO, BOTH OF THE MUNICIPAL TRIAL COURT, MAHAPLAG, LEYTE, Complainants, v. CLERK II BRYAN ANTONIO C. LEONIDO,, Respondent.

  • G.R. No. 204729, August 06, 2014 - LOURDES SUITES (CROWN HOTEL MANAGEMENT CORPORATION), Petitioner, v. NOEMI BINARAO,, Respondent.

  • G.R. No. 203775, August 05, 2014 - ASSOCIATION OF FLOOD VICTIMS AND JAIME AGUILAR HERNANDEZ, Petitioners, v. COMMISSION ON ELECTIONS, ALAY BUHAY COMMUNITY DEVELOPMENT FOUNDATION, INC., AND WESLIE TING GATCHALIAN,, Respondents.

  • G.R. No. 196117, August 13, 2014 - KRYSTLE REALTY DEVELOPMENT CORPORATION, REPRESENTED BY CHAIRMAN OF THE BOARD, WILLIAM C. CU, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.; [G.R. NO. 196129] - CARIDAD RODRIGUEZA, AS SUBSTITUTED BY RUFINO RODRIGUEZA, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.

  • A.C. No. 7766, August 05, 2014 - JOSE ALLAN TAN, Complainant, v. PEDRO S. DIAMANTE, Respondent.

  • A.C. No. 8000, August 05, 2014 - CHAMELYN A. AGOT, Complainant, v. ATTY. LUIS P. RIVERA, Respondent.

  • G.R. No. 171212, August 20, 2014 - INDOPHIL TEXTILE MILLS, INC., Petitioner, v. ENGR. SALVADOR ADVIENTO, Respondents.

  • G.R. No. 193681, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff, MALAYAN INSURANCE COMPANY, INC. AND HELEN Y. DEE, Private Complainants-Petitioners, v. PHILIP PICCIO, MIA GATMAYTAN, MA. ANNABELLA RELOVA SANTOS, JOHN JOSEPH GUTIERREZ, JOCELYN UPANO, JOSE DIZON, ROLANDO PAREJA, WONINA BONIFACIO, ELVIRA CRUZ, CORNELIO ZAFRA, VICENTE ORTUOSTE, VICTORIA GOMEZ JACINTO, JUVENCIO PERECHE, JR., RICARDO LORAYES, PETER SUCHIANCO, AND TRENNIE MONSOD,, Respondents.

  • G.R. No. 189629, August 06, 2014 - DR. PHYLIS C. RIO, Petitioner, v. COLEGIO DE STA. ROSA-MAKATI AND/OR SR. MARILYN B. GUSTILO, Respondents.

  • G.R. No. 193652, August 05, 2014 - INFANT JULIAN YUSAY CARAM, REPRESENTED BY HIS MOTHER, MA. CHRISTINA YUSAY CARAM, Petitioner, v. ATTY. MARIJOY D. SEGUI, ATTY. SALLY D. ESCUTIN, VILMA B. CABRERA, CELIA C. YANGCO, AND OFFICE OF THE SOLICITOR GENERAL, Respondents.

  • A.M. No. P-14-3232 (Formerly: A.M. No. 14-4-46-MTCC), August 12, 2014 - Re: REPORT OF JUDGE RODOLFO D. VAPOR, MUNICIPAL TRIAL COURT IN CITIES [MTCC], TANGUB CITY, MISAMIS OCCIDENTAL, ON THE HABITUAL ABSENTEEISM OF FILIGRIN E. VELEZ, JR., PROCESS SERVER, SAME COURT.

  • G.R. No. 200746, August 06, 2014 - BENSON INDUSTRIES EMPLOYEES UNION-ALU-TUCP AND/OR VILMA GENON, EDISA HORTELANO, LOURDES ARANAS, TONY FORMENTERA, RENEBOY LEYSON, MA. ALONA ACALDO, MA. CONCEPCION ABAO, TERESITA CALINAWAN, NICIFORO CABANSAG, STELLA BARONGO, MARILYN POTOT, WELMER ABANID, LORENZO ALIA, LINO PARADERO, DIOSDADO ANDALES, LUCENA ABESIA, AND ARMANDO YBAÑEZ, Petitioners, v. BENSON INDUSTRIES, INC., Respondent.

  • G.R. No. 204911, August 06, 2014 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MIKE STEVE Y BASMAN AND RASHID MANGTOMA Y NONI, Accused-Appellants.

  • G.R. No. 201111, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALFREDO CERDON Y SANCHEZ, Accused-Appellant.

  • G.R. No. 200250, August 06, 2014 - UPSI PROPERTY HOLDINGS, INC., Petitioner, v. DIESEL CONSTRUCTION CO., INC., Respondent.

  • G.R. No. 182908, August 06, 2014 - HEIRS OF FRANCISCO I. NARVASA, SR., ANDHEIRS OF PETRA IMBORNAL AND PEDRO FERRER,REPRESENTED BY THEIR ATTORNEY-IN-FACT, MRS. REMEDIOS B. NARVASA-REGACHO, Petitioners, v. EMILIANA, VICTORIANO, FELIPE, MATEO, RAYMUNDO, MARIA,AND EDUARDO, ALL SURNAMED IMBORNAL, Respondents.

  • G.R. No. 204651, August 06, 2014 - OUR HAUS REALTY DEVELOPMENT CORPORATION, Petitioner, v. ALEXANDER PARIAN, JAY C. ERINCO, ALEXANDER CANLAS, BERNARD TENEDERO AND JERRY SABULAO, Respondents.

  • G.R. No. 207376, August 06, 2014 - AIDA PADILLA, Petitioner, v. GLOBE ASIATIQUE REALTY HOLDINGS CORPORATION, FILMAL REALTY CORPORATION, DELFIN S. LEE AND DEXTER L. LEE, Respondents.

  • G.R. No. 201483, August 04, 2014 - CONRADO A. LIM, Petitioner, v. HMR PHILIPPINES, INC., TERESA SANTOS-CASTRO, HENRY BUNAG AND NELSON CAMILLER, Respondents.

  • G.R. No. 191015, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Petitioner, v. JOSE C. GO, AIDA C. DELA ROSA, AND FELECITAS D. NECOMEDES, Respondents.

  • G.R. No. 210619, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHARLES REYES Y MARASIGAN, Accused-Appellant.

  • G.R. No. 184982, August 20, 2014 - LAND BANK OF THE PHILIPPINES, Petitioner, v. JOSE T. LAJOM, REPRESENTED BY PORFIRIO RODRIGUEZ, FLORENCIA LAJOM GARCIA-DIAZ, FRANCISCO LAJOM GARCIA, JR., FERNANDO LAJOM RODRIGUEZ, TOMAS ATAYDE, AUGUSTO MIRANDA, JOSEFINA ATAYDE FRANCISCO, RAMON L. ATAYDE, AND BLESILDA ATAYDE RIOS, Respondents.; [G.R. NO. 185048] - JOSE T. LAJOM, REPRESENTED BY PORFIRIO RODRIGUEZ, FLORENCIA LAJOM GARCIA-DIAZ, FRANCISCO LAJOM GARCIA, JR., FERNANDO LAJOM RODRIGUEZ, TOMAS ATAYDE, AUGUSTO MIRANDA, JOSEFINA ATAYDE FRANCISCO, RAMON L. ATAYDE, AND BLESILDA ATAYDE RIOS, Petitioners, v. LAND BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 170139, August 05, 2014 - SAMEER OVERSEAS PLACEMENT AGENCY, INC., Petitioner, v. JOY C. CABILES, Respondent.

  • G.R. No. 206368, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO BATTAD, Accused-Appellant, MARCELINO BACNIS, Accused.

  • G.R. No. 181541, August 18, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARISSA MARCELO, Accused-Appellant.

  • G.R. No. 208469, August 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SAMUEL “TIW-TIW” SANICO, Accused-Appellant.

  • G.R. No. 205870, August 13, 2014 - LEI SHERYLL FERNANDEZ, Petitioner, v. BOTICA CLAUDIO REPRESENTED BY GUADALUPE JOSE, Respondent.

  • G.R. No. 194390, August 13, 2014 - VENANCIO M. SEVILLA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 198367, August 06, 2014 - OSG SHIPMANAGEMENT MANILA, INC., MERCEDES M. RAVANOPOLOUS, OSG SHIPMANAGEMENT (UK) LTD. & M/T DELPHINA, Petitioners, v. JOSELITO B. PELLAZAR, Respondent.

  • G.R. No. 192304, August 13, 2014 - ANCHOR SAVINGS BANK (now EQUICOM SAVINGS BANK), Petitioner, v. PINZMAN REALTY AND DEVELOPMENT CORPORATION, MARYLIN MAÑALAC AND RENATO GONZALES, Respondents.

  • G.R. No. 177845, August 20, 2014 - GRACE CHRISTIAN HIGH SCHOOL, REPRESENTED BY ITS PRINCIPAL, DR. JAMES TAN, Petitioner, v. FILIPINAS A. LAVANDERA, Respondent.

  • G.R. No. 200191, August 20, 2014 - LOURDES C. FERNANDEZ, Petitioner, v. NORMA VILLEGAS AND ANY PERSON ACTING IN HER BEHALF INCLUDING HER FAMILY, Respondents.

  • G.R. No. 206366, August 13, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. EDUARDO BALAQUIT Y BALDERAMA, Appellant.

  • G.R. No. 192993, August 11, 2014 - WALLEM MARITIME SERVICES, INC., AND REGINALDO OBEN/WALLEM SHIPMANAGEMENT LIMITED, Petitioners, v. DONNABELLE PEDRAJAS AND SEAN JADE PEDRAJAS, Respondents.

  • G.R. No. 181723, August 11, 2014 - ELIZABETH DEL CARMEN, Petitioner, v. SPOUSES RESTITUTO SABORDO AND MIMA MAHILUM-SABORDO, Respondents.

  • A.M. No. RTJ-14-2390 (Formerly OCA I.P.I. No. 12-3923-RTJ), August 13, 2014 - JOSEPHINE JAZMINES TAN, Petitioner, v. JUDGE SIBANAH E. USMAN, REGIONAL TRIAL COURT, BRANCH 28, CATBALOGAN CITY, SAMAR, Respondent.

  • G.R. No. 212689, August 11, 2014 - ECE REALTY AND DEVELOPMENT, INC., Petitioner, v. HAYDYN HERNANDEZ,, Respondent.

  • G.R. Nos. 208828-29, August 13, 2014 - RICARDO C. SILVERIO, SR., Petitioner, v. RICARDO S. SILVERIO, JR., CITRINE HOLDINGS, INC., MONICA P. OCAMPO AND ZEE2 RESOURCES, INC., Respondents.

  • G.R. No. 171626, August 06, 2014 - OLONGAPO CITY, Petitioner, v. SUBIC WATER AND SEWERAGE CO., INC., Respondent.

  • G.R. No. 162230, August 12, 2014 - ISABELITA C. VINUYA, VICTORIA C. DELA PEÑA, HERMINIHILDA MANIMBO, LEONOR H. SUMAWANG, CANDELARIA L. SOLIMAN, MARIA L. QUILANTANG, MARIA L. MAGISA, NATALIA M. ALONZO, LOURDES M. NAVARO, FRANCISCA M. ATENCIO, ERLINDA MANALASTAS, TARCILA M. SAMPANG, ESTER M. PALACIO, MAXIMA R. DELA CRUZ, BELEN A. SAGUM, FELICIDAD TURLA, FLORENCIA M. DELA PEÑA, EUGENIA M. LALU, JULIANA G. MAGAT, CECILIA SANGUYO, ANA ALONZO, RUFINA P. MALLARI, ROSARIO M. ALARCON, RUFINA C. GULAPA, ZOILA B. MANALUS, CORAZON C. CALMA, MARTA A. GULAPA, TEODORA M. HERNANDEZ, FERMIN B. DELA PEÑA, MARIA DELA PAZ B. CULALA, ESPERANZA MANAPOL, JUANITA M. BRIONES, VERGINIA M. GUEVARRA, MAXIMA ANGULO, EMILIA SANGIL, TEOFILA R. PUNZALAN, JANUARIA G. GARCIA, PERLA B. BALINGIT, BELEN A. CULALA, PILAR Q. GALANG, ROSARIO C. BUCO, GAUDENCIA C. DELA PEÑA, RUFINA Q. CATACUTAN, FRANCIA A. BUCO, PASTORA C. GUEVARRA, VICTORIA M. DELA CRUZ, PETRONILA O. DELA CRUZ, ZENAIDA P. DELA CRUZ, CORAZON M. SUBA, EMERINCIANA A. VINUYA, LYDIA A. SANCHEZ, ROSALINA M. BUCO, PATRICIA A. BERNARDO, LUCILA H. PAYAWAL, MAGDALENA LIWAG, ESTER C. BALINGIT, JOVITA A. DAVID, EMILIA C. MANGILIT, VERGINIA M. BANGIT, GUILERMA S. BALINGIT, TERECITA PANGILINAN, MAMERTA C. PUNO, CRISENCIANA C. GULAPA, SEFERINA S. TURLA, MAXIMA B. TURLA, LEONICIA G. GUEVARRA, ROSALINA M. CULALA, CATALINA Y. MANIO, MAMERTA T. SAGUM, CARIDAD L. TURLA, et al. in their capacity and as members of the “Malaya Lolas Organizations,” Petitioners, v. THE HONORABLE EXECUTIVE SECRETARY ALBERTO G. ROMULO, THE HONORABLE SECRETARY OF FOREIGN AFFAIRS DELIA DOMINGO-ALBERT, THE HONORABLE SECRETARY OF JUSTICE MERCEDITAS N. GUTIERREZ, AND THE HONORABLE SOLICITOR GENERAL ALFREDO L. BENIPAYO,, Respondents.

  • G.R. No. 173082, August 06, 2014 - PALM AVENUE HOLDING CO., INC., AND PALM AVENUE REALTY AND DEVELOPMENT CORPORATION, Petitioners, v. SANDIGANBAYAN 5TH DIVISION, REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), Respondent.; [G.R. No. 195795] - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, Petitioner, v. HON. SANDIGANBAYAN, PALM AVENUE REALTY AND DEVELOPMENT CORPORATION AND PALM AVENUE HOLDING COMPANY, INC., Respondents.

  • G.R. Nos. 212536-37, August 27, 2014 - COMMISSIONER OF INTERNAL REVENUE AND COMMISSIONER OF CUSTOMS, Petitioners, v. PHILIPPINE AIRLINES, INC., Respondent.

  • G.R. No. 212953, August 05, 2014 - JOSE TAPALES VILLAROSA, Petitioner, v. ROMULO DE MESA FESTIN AND COMMISSION ON ELECTIONS,, Respondent.

  • G.R. No. 211049, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMEO CLOSA Y LUALHATI, Accused-Appellant.

  • G.R. No. 177616, August 27, 2014 - HEIRS OF SPOUSES JOAQUIN MANGUARDIA and SUSANA MANALO, namely: DANILO MANGUARDIA, ALMA MANGUARDIA, GEMMA MANGUARDIA, RODERICK MANGUARDIA, MADELINE MANGUARDIA, joined by her husband, RODRIGO VILLARANTE, ALAN MANGUARDIA, ROSE MANGUARDIA, joined by her husband, LEOPOLDO ADRID, JR., RONALD MANGUARDIA, JOEBERT MANGUARDIA, and RANDY MANGUARDIA; HEIRS OF SPOUSES LEONARDO ARAZA and REBECCA ARROYO, namely: MARY MAGDALENA ARAZA,* joined by her husband CARLITO VILLANUEVA, NENITA ARAZA, joined by her husband, LEONARDO BADE, ANTONIO ARAZA, and the children of ENECITA ARAZA- VARGAS, namely: GADFRY VARGAS, GINA VARGAS, JOEL VARGAS, MARY GRACE VARGAS, ANA MAE VARGAS, and the minor JUNAR VARGAS, represented by his guardian ad litem MAGDALENA ARAZA-VILLANUEVA, and THE REGISTER OF DEEDS OF CAPIZ, Petitioners, v. HEIRS OF SIMPLICIO VALLES and MARTA VALLES, represented by GRACIANO VALLES, SULPICIO VALLES, TERESITA VALLES, joined by her husband, LEOPOLDO ALAIR, and PRESENTACION CAPAPAS-VALLES, Respondents.

  • G.R. No. 193791, August 02, 2014 - PRIMANILA PLANS, INC., HEREIN REPRESENTED BY EDUARDO S. MADRID, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

  • G.R. No. 198342, August 13, 2014 - REMEDIOS O. YAP, Petitioner, v. ROVER MARITIME SERVICES CORPORATION, MR. RUEL BENISANO AND/OR UCO MARINE CONTRACTING W.L.L., Respondents.

  • G.R. No. 208170, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PETRUS YAU A.K.A. “JOHN” AND “RICKY” AND SUSANA YAU Y SUMOGBA A.K.A. “SUSAN”, Accused-Appellants.

  • G.R. No. 207992, August 11, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBERTO HOLGADO Y DELA CRUZ AND ANTONIO MISAREZ Y ZARAGA, Accused-Appellants.

  • G.R. No. 171836, August 11, 2014 - DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY HON. NASSER C. PANGANDAMAN, IN HIS CAPACITY AS DAR-OIC SECRETARY, Petitioner, v. SUSIE IRENE GALLE, RESPONDENT., G.R. NO. 195213 - LAND BANK OF THE PHILIPPINES, Petitioner, v. SUSIE IRENE GALLE, SUBSTITUTED BY HER HEIRS, NAMELY HANS PETER, CARL OTTO, FRITZ WALTER, AND GEORGE ALAN, ALL SURNAMED REITH, Respondents.

  • G.R. No. 196040, August 26, 2014 - FE H. OKABE, Petitioner, v. ERNESTO A. SATURNINO, Respondent.

  • G.R. No. 203048, August 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUSTY BALA, Accused-Appellant.

  • G.R. No. 213181, August 19, 2014 - FRANCIS H. JARDELEZA, Petitioner, v. CHIEF JUSTICE MARIA LOURDES P. A. SERENO, THE JUDICIAL AND BAR COUNCIL AND EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., Respondents.

  • G.R. No. 200987, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALDO BAYAN Y NERI, Accused-Appellant.

  • G.R. No. 207348, August 20, 2014 - ROWENA R. SOLANTE, Petitioner, v. COMMISSION ON AUDIT, CHAIRPERSON MA. GRACIA PULIDO-TAN, COMMISSIONER JUANITO G. ESPINO, JR., COMMISSIONER HEIDI L. MENDOZA, AND FORTUNATA M. RUBICO, DIRECTOR IV, COA COMMISSION SECRETARIAT, in their official capacities, Respondents.

  • G.R. No. 166944, August 18, 2014 - JUANITO MAGSINO, Petitioner, v. ELENA DE OCAMPO AND RAMON GUICO, Respondents.

  • G.R. No. 175689, August 13, 2014 - GEORGE A. ARRIOLA, Petitioner, v. PILIPINO STAR NGAYON, INC. AND/OR MIGUEL G. BELMONTE, Respondents.

  • G.R. No. 189061, August 06, 2014 - MIDWAY MARITIME AND TECHNOLOGICAL FOUNDATION, REPRESENTED BY ITS CHAIRMAN/PRESIDENT PHD IN EDUCATION DR. SABINO M. MANGLICMOT, Petitioner, v. MARISSA E. CASTRO, ET AL., Respondents.

  • G.R. No. 199420, August 27, 2014 - PHILNICO INDUSTRIAL CORPORATION, Petitioner, v. PRIVATIZATION AND MANAGEMENT OFFICE, Respondent.; G.R. NO. 199432 - PRIVATIZATION AND MANAGEMENT OFFICE, Petitioner, v. PHILNICO INDUSTRIAL CORPORATION, Respondent.

  • G.R. No. 195432, August 27, 2014 - EDELINA T. ANDO, Petitioner, v. DEPARTMENT OF FOREIGN AFFAIRS, Respondent.

  • G.R. No. 200645, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WENDEL OCDOL Y MENDOVA, EDISON TABIANAN, AND DANTE BORINAGA, ACCUSED. WENDEL OCDOL Y MENDOVA, Accused-Appellant.

  • G.R. No. 172404, August 13, 2014 - PEOPLE’S TRANS-EAST ASIA INSURANCE CORPORATION, A.K.A. PEOPLE'S GENERAL INSURANCE CORPORATION, Petitioner, v. DOCTORS OF NEW MILLENNIUM HOLDINGS, INC., Respondent.

  • A.M. No. P-06-2227 [Formerly A.M. No. 06-6-364-RTC], August 19, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ATTY. MARIO N. MELCHOR, JR., FORMER CLERK OF COURT VI, REGIONAL TRIAL COURT, BRANCH 16, NAVAL, BILIRAN (NOW PRESIDING JUDGE, MUNICIPAL CIRCUIT TRIAL COURT, CALUBIAN-SAN ISIDRO, LEYTE), Respondent.

  • G.R. No. 207253, August 20, 2014 - CRISPIN B. LOPEZ, Petitioner, v. IRVINE CONSTRUCTION CORP. AND TOMAS SY SANTOS, Respondents.

  • G.R. No. 200538, August 13, 2014 - CITY OF DAVAO, Petitioner, v. COURT OF APPEALS AND BENJAMIN C. DE GUZMAN, Respondents.

  • G.R. No. 188289, August 20, 2014 - DAVID A. NOVERAS, Petitioner, v. LETICIA T. NOVERAS, Respondent.

  • G.R. No. 203655, August 13, 2014 - SM LAND, INC., Petitioner, v. BASES CONVERSION AND DEVELOPMENT AUTHORITY AND ARNEL PACIANO D. CASANOVA, ESQ., IN HIS OFFICIAL CAPACITY AS PRESIDENT AND CEO OF BCDA, Respondents.

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    G.R. No. 205870, August 13, 2014 - LEI SHERYLL FERNANDEZ, Petitioner, v. BOTICA CLAUDIO REPRESENTED BY GUADALUPE JOSE, Respondent.

      G.R. No. 205870, August 13, 2014 - LEI SHERYLL FERNANDEZ, Petitioner, v. BOTICA CLAUDIO REPRESENTED BY GUADALUPE JOSE, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    G.R. No. 205870, August 13, 2014

    LEI SHERYLL FERNANDEZ, Petitioner, v. BOTICA CLAUDIO REPRESENTED BY GUADALUPE JOSE, Respondent.

    D E C I S I O N

    PERLAS-BERNABE, J.:

    Assailed in this petition for review on certiorari1 are the Decision2 dated September 13, 2012 and the Resolution3 dated February 11, 2013 of the Court of Appeals (CA) in CA-G.R. SP No. 123633 which nullified and set aside (a) the Resolution4 dated March 15, 2010 of the National Labor Relations Commission (NLRC) in NLRC NCR Case No. 01-22111-06-RI finding petitioner Lei Sheryll Fernandez (Fernandez) to have been illegally dismissed by respondent Guadalupe Jose (Jose), and (b) the Order5 dated August 17, 2010 of Labor Arbiter (LA) Napoleon V. Fernando granting the issuance of a writ of execution of the foregoing NLRC resolution.

    The Facts

    On November 14, 2002, Fernandez was hired as a trainee at Botica Claudio,6 a drugstore located at Tomas Claudio Street, Morong, Rizal,7 which is owned and operated by Jose. In January 2003, she was promoted as sales clerk/pharmacy aide, which position she held until the termination of her services on January 15, 2006.8 Due to her termination, Fernandez filed a complaint9 for illegal dismissal with prayer for the payment of her statutory benefits against Jose before the NLRC Regional Arbitration Branch (RAB) No. IV, docketed as NLRC Case No. RAB-IV-01-22111-06, alleging that: (a) during her employment, she was paid a salary of ?180.00 per day,10 and worked from 8 o’clock in the morning until 8 o’clock in the evening, and sometimes, even up to 10 o’clock at night, but was never paid any overtime pay and/or holiday pay, and that her Social Security System (SSS) contributions were not duly remitted;11 (b) Jose merely fabricated the charges against her in order to justify her dismissal; and (c) she did not go on absence without official leave (AWOL).12cralawred

    Jose denied the foregoing allegations, and contended that Fernandez’s dismissal was valid given that she went on AWOL; this, in addition to the various infractions she committed during her employment, particularly,  her acts of (a) dispensing wrong medicines, (b) allowing some clients to buy medicines on credit without her employer’s consent, and (c) dishonesty. Further, Jose claimed that all of her employees, including Fernandez, were paid their corresponding benefits, and that their SSS contributions were all duly remitted.13cralawred

    The LA Ruling

    In a Decision14 dated December 11, 2007, the LA held that while just cause attended Fernandez’s dismissal from work based on the finding that she went on AWOL, the same was nonetheless effected without procedural due process.15 Thus, the LA ordered Jose to pay Fernandez P11,700.00 as separation pay as well as P14,040.00 representing three (3) years of her unpaid 13th month pay, but denied her claims for overtime pay and moral/exemplary damages for lack of factual and legal bases.16cralawred

    Dissatisfied with the LA’s ruling, Fernandez filed a Notice of Appeal17 with Memorandum of Appeal18 on February 8, 2008 before the NLRC. Copies of the same were purportedly sent by registered mail to one “Atty. Ramon E. Solis, Jr., Counsel for respondents, No. 5 Sto. Nino St., SFDM, 1100 Quezon City.19cralawred

    The Proceedings Before the NLRC

    On March 15, 2010, the NLRC rendered a Resolution20 (NLRC Resolution) granting Fernandez’s appeal, and thereby reversing the LA’s ruling.

    It found Fernandez to have been illegally dismissed by her employer, Jose, without a valid cause and observance of procedural due process.21 It observed that the pieces of evidence presented by Jose to substantiate Fernandez’s purported infractions were merely fabricated, and that there was no indication that Fernandez was apprised of her supposed offenses before her dismissal.22 Accordingly, it ordered Jose to pay Fernandez the aggregate amount of P297,522.45, consisting of P254,831.85 as backwages, P42,120.00 as separation pay, and P570.60 as overtime pay.23cralawred

    On June 1, 2010, an Entry of Judgment24 was issued by the NLRC, declaring its Resolution to have become final and executory on May 18, 2010. Consequently, the LA issued an Order25 dated August 17, 2010 (LA Order) granting Fernandez’s motion for execution.26cralawred

    Without disclosing the date when the foregoing resolution was received, Jose filed a motion for reconsideration27 dated January 20, 2011 before the NLRC, insisting that just causes attended Fernandez’s dismissal, albeit the same was made without procedural due process.

    Despite the fact that the NLRC had yet to act on the aforesaid motion for reconsideration, Jose filed a second motion for reconsideration28 dated February 2, 2011 before the same tribunal.29cralawred

    Notwithstanding the pendency of the aforesaid motions for reconsideration, Jose filed a petition for certiorari30 before the CA, claiming to have secured a copy of the NLRC Resolution and LA Order only upon personal verification on February 8, 201031 and filed a motion for reconsideration therefrom on April 12, 2011,32 referring to her second motion for reconsideration dated February 2, 2011.

    The CA Ruling

    In a Decision33 dated September 13, 2012, the CA granted Jose’s petition for certiorari, holding that the NLRC gravely abused its discretion in taking cognizance of Fernandez’s appeal despite the latter’s failure to furnish Jose copies of her notice of appeal and appeal memorandum in violation of Article 223 of the Labor Code and the NLRC Rules of Procedure.34 Said pronouncement was based on the CA’s finding that copies of Fernandez’s notice of appeal and appeal memorandum were sent to one Atty. Ramon E. Solis, Jr., who was her (Fernandez’s) own former counsel, and not Jose’s. Thus, in view of Fernandez’s failure to comply with the requirements for the perfection of her appeal, the CA held that Jose was deprived of her right to due process, and that Fernandez’s appeal of the LA Decision had never been perfected, thereby rendering said decision final and executory,35 and the NLRC without any authority to entertain Fernandez’s recourse.36 Accordingly, the CA declared the NLRC Resolution as well as the corresponding entry of judgment and the LA Order null and void,37 and reinstated the LA Decision.38cralawred

    Aggrieved, Fernandez sought reconsideration39 but the same was denied in a Resolution40 dated February 11, 2013, hence, the instant petition.

    The Issue Before the Court

    The core issue for the Court’s resolution is whether or not the CA erred in holding that the NLRC gravely abused its discretion in giving due course to Fernandez’s appeal.

    The Court’s Ruling

    The petition is meritorious.

    At the outset, the Court notes that the CA gravely abused its discretion in giving due course to respondent’s Rule 65 certiorari petition despite its finding that the latter still had a pending motion for reconsideration from the Decision dated March 15, 2010 before the NLRC.41 It is settled that the filing of a motion for reconsideration from the order, resolution or decision of the NLRC is an indispensable condition before an aggrieved party can avail of a petition for certiorari.42 This is to afford the NLRC an opportunity to rectify its perceived errors or mistakes, if any.43 Hence, the more prudent recourse for respondent should have been to move for the immediate resolution of its motion for reconsideration before the NLRC instead of filing a petition for certiorari before the CA. 44 Having failed to do so, her petition for certiorari was prematurely filed,45 and the CA should have dismissed the same.

    On the merits, the Court finds that the CA erred in declaring that the failure of Fernandez to furnish Jose with copies of her notice of appeal and memorandum of appeal before the NLRC deprived the latter of her right to due process. 46cralawred

    While Article 22347 of the Labor Code and Section 3(a), Rule VI of the then New Rules of Procedure of the NLRC48 require the party intending to appeal from the LA’s ruling to furnish the other party a copy of his memorandum of appeal, the Court has held that the mere failure to serve the same upon the opposing party does not bar the NLRC from giving due course to an appeal.49 Such failure is only treated as a formal lapse, an excusable neglect, and, hence, not a jurisdictional defect warranting the dismissal of an appeal.50 Instead, the NLRC should require the appellant to provide the opposing party copies of the notice of appeal and memorandum of appeal.51cralawred

    In this case, however, the NLRC could not be expected to require compliance from Fernandez, the appellant, since it was not aware that the opposing party, Jose, was not notified of her appeal. Hence, it cannot be faulted in relying on Fernandez’s representation that she had sent Jose, through her counsel, a copy of her memorandum of appeal by registered mail,52 as evidenced by Registry Receipt No. 006511.53cralawred

    More significantly, it is undisputed that Jose eventually participated in the appeal proceedings by filing not only one but two motions for reconsideration from the NLRC Resolution, thereby negating any supposed denial of due process on her part. As held in the case of Angeles v. Fernandez,54 the availment of the opportunity to seek reconsideration of the action or ruling complained of in labor cases amounts to due process.55 After all, the essence of due process is simply the opportunity to be heard or as applied in administrative proceedings, an opportunity to explain one’s side or an opportunity to seek a reconsideration of the action or ruling complained of. What the law prohibits is absolute absence of the opportunity to be heard, thus, an aggrieved party cannot feign denial of due process where he had been afforded the opportunity to ventilate his side, as Jose was in this case.56cralawred

    Accordingly, the Court finds that the CA erred in ascribing grave abuse of discretion on the part of the NLRC in taking cognizance of Fernandez’s appeal.

    WHEREFORE, the petition is GRANTED. The Decision dated September 13, 2012 and the Resolution dated February 11, 2013 of the Court of Appeals in CA-G.R. SP No. 123633 are hereby REVERSED and SET ASIDE. The Decision dated March 15, 2010 of the National Labor Relations Commission and the Order dated August 17, 2010 of the Labor Arbiter are REINSTATED.

    SO ORDERED.

    Carpio, (Chairperson), Brion, Del Castillo, Perez, and Perlas-Bernabe, JJ., concur.

    Endnotes:


    1Rollo, pp. 3-28.

    2 Id. at 32-43. Penned by Associate Justice Isaias P. Dicdican, with Associate Justices Michael P. Elbinias and Nina G. Antonio-Valenzuela, concurring.

    3 Id. at 46-47.

    4 Id. at 123-130. Penned by Commissioner Pablo C. Espiritu, Jr., with Commissioners Alex A. Lopez and Gregorio O. Bilog III, concurring.

    5 Id. at 223-225. Docketed as NLRC Case No. RAB-IV-01-22111-06-RI.

    6 Id. at 33.

    7 Id. at 4.

    8 Id. at 33.

    9 Id. at 51.

    10 Id.

    11 Id. at 34.

    12 Id.

    13 Id.

    14 Id. at 105-108. Penned by LA Jose G. De Vera.

    15 Id. at 107.

    16 Id.

    17 Id. at 109-110.

    18 Id. at 111-119.

    19 Id. at 110 and 119.

    20 Id. at 123-130.

    21 Id. at 127.

    22 Id. at 126-127.

    23 Id. at 128-129.

    24 Id. at 131.

    25 Id. at 223-225.

    26 Id. at 37.

    27 Id. at 132-134.

    28 Id. at 190-194.

    29 Id. at 9-10.

    30 Id. at 158-188.

    31 Id. at 162.

    32 Id. at 170.

    33 Id. at 32-44.

    34 Id. at 38-40.

    35 Id. at 41.

    36 Id. at 42.

    37 Id. at 39-40.

    38 Id. at 43.

    39 Id. at 292-296.

    40 Id. at 46-47.

    41 See id. at 37.

    42Republic v. Pantranco North Express, Inc. (PNEI), G.R. No. 178593, February 15, 2012, 666 SCRA 199, 205. See also Dr. Santos v. CA, 563 Phil. 240, 245 (2007).

    43Dr. Santos v. CA, id.

    44 See id. at 246.

    45 Id.

    46  Id. at 39.

    47 Art. 223. Appeal. – Decisions, awards, or orders of the Labor Arbiter are final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt of such decisions, awards, or orders. Such appeal may be entertained only on any of the following grounds:cralawlawlibrary

    x x x x

    In all cases, the appellant shall furnish a copy of the memorandum of appeal to the other party who shall file an answer not later than ten (10) calendar days from receipt thereof.

    x x x x

    48 Section 3(a), Rule VI of the then New Rules of Procedure of the NLRC, as amended by NLRC Resolution No. 01-02, Series of 2002 provides:chanRoblesvirtualLawlibrary

    RULE VI
    Appeals

    Section 3. Requisites for Perfection of Appeal. – (a) The appeal shall be filed within the reglementary period as provided in Section 1 of this Rule; shall be under oath with proof of payment of the required appeal fee and the posting of a cash or surety bond as provided in Section 5 of this Rule; shall be accompanied by a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof; the relief prayed for; and a statement of the date when the appellant received the appealed decision, order or award and proof of service on the other party of such appeal.

    A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of the period for perfecting an appeal.

    x x x x (Emphases supplied)chanrobleslaw

    49 See Sunrise Manning Agency, Inc. v. NLRC, 485 Phil. 426, 430 (2004).

    50 EDI-Staffbuilders International, Inc. v. NLRC, 563 Phil. 1, 18-19 (2007).

    51  Id. at 19.

    52  Rollo, p. 121.

    53  Id. at 119.

    54 542 Phil. 365 (2007).

    55 See id. at 371.

    56Cada v. Time Saver Laundry/Leslie Perez, 597 Phil. 548, 563 (2009).

    G.R. No. 205870, August 13, 2014 - LEI SHERYLL FERNANDEZ, Petitioner, v. BOTICA CLAUDIO REPRESENTED BY GUADALUPE JOSE, Respondent.


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