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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. 195432, August 27, 2014 - EDELINA T. ANDO, Petitioner, v. DEPARTMENT OF FOREIGN AFFAIRS, Respondent.

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

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    G.R. No. 195432, August 27, 2014

    EDELINA T. ANDO, Petitioner, v. DEPARTMENT OF FOREIGN AFFAIRS, Respondent.

    D E C I S I O N

    SERENO, C.J.:

    This is a Petition for Review under Rule 45 of the Rules of Court, seeking the nullification of the Orders dated 14 January and 8 February 2011 issued by the Regional Trial Court (RTC), Third Judicial Region, Branch 45,1 City of San Fernando, Pampanga, in Civil Case No. 137, which dismissed the Petition for Declaratory Relief filed therein.

    STATEMENT OF THE FACTS AND OF THE CASE

    The pertinent facts of the case, as alleged by petitioner, are as follows:ChanRoblesVirtualawlibrary

    3. On 16 September 2001, petitioner married Yuichiro Kobayashi, a Japanese National, in a civil wedding solemnized at Candaba, Pampanga. A copy of their Certificate of Marriage is hereto attached as Annex ‘A’ and made an integral part hereof.

    4. On 16 September 2004, Yuichiro Kobayashi sought in Japan, and was validly granted under Japanese laws, a divorce in respect of his marriage with petitioner. A copy of the Divorce Certificate duly issued by the Consulate-General of Japan and duly authenticated by the Department of Foreign Affairs, Manila, is hereto as Annex ‘B’ and made an integral part hereof.

    5. Said Divorce Certificate was duly registered with the Office of the Civil Registry of Manila. A copy of the Certification dated 28 October 2005 is hereto attached as Annex ‘C’ and made an integral part hereof.

    6. Believing in good faith that said divorce capacitated her to remarry and that by such she reverted to her single status, petitioner married Masatomi Y. Ando on 13 September 2005 in a civil wedding celebrated in Sta. Ana, Pampanga. A copy of their Certificate of Marriage is hereto attached as Annex ‘D’ and made an integral part hereof.

    7. In the meantime, Yuichiro Kobayashi married Ryo Miken on 27 December 2005. A copy of the Japanese Family Registry Record of Kobayashi showing the divorce he obtained and his remarriage with Ryo Miken, duly authenticated by the Consulate-General of Japan and the Department of Foreign Affairs, Manila, is hereto attached as Annex ‘E’ and made an integral part hereof.

    8. Recently, petitioner applied for the renewal of her Philippine passport to indicate her surname with her husband Masatomi Y. Ando but she was told at the Department of Foreign Affairs that the same cannot be issued to her until she can prove by competent court decision that her marriage with her said husband Masatomi Y. Ando is valid until otherwise declared.

    x x x x

    12. Prescinding from the foregoing, petitioner’s marriage with her said husband Masatomi Y. Ando must therefore be honored, considered and declared valid, until otherwise declared by a competent court. Consequently, and until then, petitioner therefore is and must be declared entitled to the issuance of a Philippine passport under the name ‘Edelina Ando y Tungol.’ Hence, this petitioner pursuant to Rule 63 of the Rules of Court.2

    On 29 October 2010, petitioner filed with the RTC a Petition for Declaratory Relief, which was later raffled off to Branch 46. She impleaded the Department of Foreign Affairs (DFA) as respondent and prayed for the following reliefs before the lower court:ChanRoblesVirtualawlibrary

    WHEREFORE, petitioner most respectfully prays of this Honorable Court that after proper proceedings, judgment be rendered, as follows:ChanRoblesVirtualawlibrary

    (a)  declaring as valid and subsisting the marriage between petitioner Edelina T. Ando and her husband Masatomi Y. Ando until otherwise declared by a competent court;

    (b) declaring petitioner entitled to the issuance of a Philippine Passport under the name “Edelina Ando y Tungol”; and

    (c)  directing the Department of Foreign Affairs to honor petitioner’s marriage to her husband Masatomi Y. Ando and to issue a Philippine Passport to petitioner under the name “Edelina Ando y Tungol”.

    Petitioner prays for such other just and equitable reliefs.3

    On 15 November 2010, in an Order dismissing the Petition for want of cause and action, as well as jurisdiction, the RTC held thus:ChanRoblesVirtualawlibrary

    Records of the case would reveal that prior to petitioner’s marriage to Masatomi Y. Ando, herein petitioner was married to Yuichiro Kobayashi, a Japanese National, in Candaba, Pampanga, on September 16, 2001, and that though a divorce was obtained and granted in Japan, with respect to the their (sic) marriage, there is no showing that petitioner herein complied with the requirements set forth in Art. 13 of the Family Code – that is obtaining a judicial recognition of the foreign decree of absolute divorce in our country.

    It is therefore evident, under the foregoing circumstances, that herein petitioner does not have any cause of action and/or is entitled to the reliefs prayed for under Rule 63 of the Rules of Court. In the same vein, though there is other adequate remedy available to the petitioner, such remedy is however beyond the authority and jurisdiction of this court to act upon and grant, as it is only the family court which is vested with such authority and jurisdiction.4cralawred

    On 3 December 2010, petitioner filed an Ex Parte Motion for Reconsideration of the Order dated 15 November 2010. In an Order dated 14 December 2010, the RTC granted the motion in this wise:ChanRoblesVirtualawlibrary

    WHEREFORE, considering that the allegations and reliefs prayed for by the petitioner in her petition and the instant Motion for Reconsideration falls within the jurisdiction of the Special Family Court of this jurisdiction and for the interest of substantial justice, the Order of the Court dated November 15, 2010 is hereby reconsidered.

    Let the record of this case be therefore referred back to the Office of the Clerk of Court for proper endorsement to the Family Court of this jurisdiction for appropriate action and/or disposition.5

    Thereafter, the case was raffled to Branch 45 of the RTC. On   14 January 2011, the trial court dismissed the Petition anew on the ground that petitioner had no cause of action. The Order reads thus:ChanRoblesVirtualawlibrary

    The petition specifically admits that the marriage she seeks to be declared as valid is already her second marriage, a bigamous marriage under Article 35(4) of the Family Code considering that the first one, though allegedly terminated by virtue of the divorce obtained by Kobayashi, was never recognized by a Philippine court, hence, petitioner is considered as still married to Kobayashi. Accordingly, the second marriage with Ando cannot be honored and considered as valid at this time.

    Petitioner’s allegation of Sec. 2 (a) of A.M. No. 02-11-10-SC is misplaced. The fact that no judicial declaration of nullity of her marriage with Ando was rendered does not make the same valid because such declaration under Article 40 of the Family Code is applicable only in case of re-marriage. More importantly, the absence of a judicial declaration of nullity of marriage is not even a requisite to make a marriage valid.

    In view of the foregoing, the dismissal of this case is imperative.6

    On 1 February 2011, petitioner filed an Ex Parte Motion for Reconsideration of the Order dated 14 January 2011. The motion was denied by the RTC in open court on 8 February 2011, considering that neither the Office of the Solicitor General (OSG) nor respondent was furnished with copies of the motion.

    On 24 March 2011, petitioner filed the instant Petition for Review, raising the sole issue of whether or not the RTC erred in ruling that she had no cause of action.

    Petitioner argues that under A.M. No. 02-11-10-SC, or the Rule on the Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, it is solely the wife or the husband who can file a petition for the declaration of the absolute nullity of a void marriage. Thus, as the state is not even allowed to file a direct petition for the declaration of the absolute nullity of a void marriage, with even more reason can it not collaterally attack the validity of a marriage, as in a petition for declaratory relief. Further, petitioner alleges that under the law, a marriage – even one that is void or voidable – shall be deemed valid until declared otherwise in a judicial proceeding.

    Petitioner also argues that assuming a court judgment recognizing a judicial decree of divorce is required under Article 13 of the Family Code, noncompliance therewith is a mere irregularity in the issuance of a marriage license. Any irregularity in the formal requisites of marriage, such as with respect to the marriage license, shall not affect the legality of the marriage. Petitioner further claims that all the requisites for a petition for declaratory relief have been complied with.

    With respect to the failure to furnish a copy of the Ex Parte Motion for Reconsideration to the OSG and the DFA, petitioner avers that at the time of the filing, the RTC had yet to issue a summons to respondent; thus, it had yet to acquire jurisdiction over them.

    Thereafter, the DFA, through the OSG, filed a Comment on the Petition. The latter raised the following arguments: (1) the Petition was improperly verified, as the jurat in the Verification thereof only stated that the affiant had exhibited “her current and valid proof of identity,” which proof was not properly indicated, however; (2) prior judicial recognition by a Philippine court of a divorce decree obtained by the alien spouse is required before a Filipino spouse can remarry and be entitled to the legal effects of remarriage; (3) petitioner failed to show that she had first exhausted all available administrative remedies, such as appealing to the Secretary of the DFA under Republic Act No. (R.A.) 8239, or the Philippine Passport Act of 1996, before resorting to the special civil action of declaratory relief; and (4) petitioner’s Motion for Reconsideration before the RTC was a mere scrap of paper and did not toll the running of the period to appeal. Hence, the RTC Order dated 14 January 2011 is now final.

    On 29 November 2011, petitioner filed her Reply to the Comment, addressing the issues raised therein.

    THE COURT’S RULING

    The Court finds the Petition to be without merit.

    First, with respect to her prayer to compel the DFA to issue her passport, petitioner incorrectly filed a petition for declaratory relief before the RTC. She should have first appealed before the Secretary of Foreign Affairs, since her ultimate entreaty was to question the DFA’s refusal to issue a passport to her under her second husband’s name.

    Under the Implementing Rules and Regulations (IRR) of R.A. 8239, which was adopted on 25 February 1997, the following are the additional documentary requirements before a married woman may obtain a passport under the name of her spouse:ChanRoblesVirtualawlibrary

    SECTION 2. The issuance of passports to married, divorced or widowed women shall be made in accordance with the following provisions:ChanRoblesVirtualawlibrary

    a) In case of a woman who is married and who decides to adopt the surname of her husband pursuant to Art. 370 of Republic Act No. 386, she must present the original or certified true copy of her marriage contract, and one photocopy thereof.

    In addition thereto, a Filipino who contracts marriage in the Philippines to a foreigner, shall be required to present a Certificate of Attendance in a Guidance and Counselling Seminar conducted by the CFO when applying for a passport for the first time.

    b) In case of annulment of marriage, the applicant must present a certified true copy of her annotated Marriage Contract or Certificate of Registration and the Court Order effecting the annulment.

    c) In case of a woman who was divorced by her alien husband, she must present a certified true copy of the Divorce Decree duly authenticated by the Philippine Embassy or consular post which has jurisdiction over the place where the divorce is obtained or by the concerned foreign diplomatic or consular mission in the Philippines.

    When the divorcee is a Filipino Muslim, she must present a certified true copy of the Divorce Decree or a certified true copy of the Certificate of Divorce from the Shari’ah Court or the OCRG.

    d) In the event that marriage is dissolved by the death of the husband, the applicant must present the original or certified true copy of the Death Certificate of the husband or the Declaration of Presumptive Death by a Civil or Shari’ah Court, in which case the applicant may choose to continue to use her husband’s surname or resume the use of her maiden surname.

    From the above provisions, it is clear that for petitioner to obtain a copy of her passport under her married name, all she needed to present were the following: (1) the original or certified true copy of her marriage contract and one photocopy thereof; (2) a Certificate of Attendance in a Guidance and Counseling Seminar, if applicable; and (3) a certified true copy of the Divorce Decree duly authenticated by the Philippine Embassy or consular post that has jurisdiction over the place where the divorce is obtained or by the concerned foreign diplomatic or consular mission in the Philippines.

    In this case, petitioner was allegedly told that she would not be issued a Philippine passport under her second husband’s name. Should her application for a passport be denied, the remedies available to her are provided in Section 9 of R.A. 8239, which reads thus:ChanRoblesVirtualawlibrary

    Sec. 9. Appeal. — Any person who feels aggrieved as a result of the application of this Act of the implementing rules and regulations issued by the Secretary shall have the right to appeal to the Secretary of Foreign Affairs from whose decision judicial review may be had to the Courts in due course.

    The IRR further provides in detail:ChanRoblesVirtualawlibrary

    ARTICLE 10
    Appeal

    In the event that an application for a passport is denied, or an existing one cancelled or restricted, the applicant or holder thereof shall have the right to appeal in writing to the Secretary within fifteen (15) days from notice of denial, cancellation or restriction.

    Clearly, she should have filed an appeal with the Secretary of the DFA in the event of the denial of her application for a passport, after having complied with the provisions of R.A. 8239. Petitioner’s argument that her application “cannot be said to have been either denied, cancelled or restricted by [the DFA], so as to make her an aggrieved party entitled to appeal”,7 as instead she “was merely told”8 that her passport cannot be issued, does not persuade. The law provides a direct recourse for petitioner in the event of the denial of her application.

    Second, with respect to her prayer for the recognition of her second marriage as valid, petitioner should have filed, instead, a petition for the judicial recognition of her foreign divorce from her first husband.

    In Garcia v. Recio,9 we ruled that a divorce obtained abroad by an alien may be recognized in our jurisdiction, provided the decree is valid according to the national law of the foreigner. The presentation solely of the divorce decree is insufficient; both the divorce decree and the governing personal law of the alien spouse who obtained the divorce must be proven. Because our courts do not take judicial notice of foreign laws and judgment, our law on evidence requires that both the divorce decree and the national law of the alien must be alleged and proven and like any other fact. 10cralawred

    While it has been ruled that a petition for the authority to remarry filed before a trial court actually constitutes a petition for declaratory relief,11 we are still unable to grant the prayer of petitioner. As held by the RTC, there appears to be insufficient proof or evidence presented on record of both the national law of her first husband, Kobayashi, and of the validity of the divorce decree under that national law. 12 Hence, any declaration as to the validity of the divorce can only be made upon her complete submission of evidence proving the divorce decree and the national law of her alien spouse, in an action instituted in the proper forum.

    WHEREFORE, the instant Petition is DENIED without prejudice to petitioner’s recourse to the proper remedies available.

    SO ORDERED.cralawlaw library

    Leonardo-De Castro, Bersamin, Perez, and *Mendoza, JJ., concur.

    Endnotes:


    * Designated additional member in lieu of Associate Justice Estela M. Pelas-Bernabe per S.O. No. 1754 dated 18 August 2014.

    1 The Petition before the RTC was initially raffled to Branch 46, but was later transferred to Branch 45.

    2Rollo, pp. 10-12.

    3 Id. at 38-39.

    4 Id. at 52-53.

    5 Id. at 60.

    6 Id. at 31-32.

    7 Petitioner’s Reply, rollo, p. 138.

    8 Id.

    9 418 Phil. 723 (2001).

    10 Corpuz v. Sto. Tomas, G.R. No. 186571, 11 August 2010, 628 SCRA 266.

    11Republic v. Orbecido III, 509 Phil. 108 (2005).

    12 Rollo, pp. 52 and 31.

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


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