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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
 

   
December-2014 Jurisprudence                 

  • G.R. No. 193670, December 03, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VENERANDO DELA CRUZ Y SEBASTIAN, Accused-Appellant.

  • G.R. No. 205136, December 02, 2014 - OLIVIA DA SILVA CERAFICA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

  • A.C. No. 8103, December 03, 2014 - ATTY. AURELIO C. ANGELES, JR., PROVINCIAL LEGAL OFFICER, BATAAN CAPITOL, BALANGA CITY, BATAAN, Complainant, v. ATTY. RENATO C. BAGAY, Respondent.

  • G.R. No. 193385, December 01, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DATS GANDAWALI Y GAPAS AND NOL PAGALAD Y ANAS, Accused-Appellants.

  • A.M. No. P-13-3163 [Formerly OCA IPI No. 12-3861-P], December 01, 2014 - MARCIDITO A. MIRANDA, Complainant, v. ERNESTO G. RAYMUNDO, JR., SHERIFF III, METROPOLITAN TRIAL COURT, BRANCH 74, TAGUIG CITY, Respondent.

  • A.C. No. 7687, December 03, 2014 - RAUL C. LANUZA AND REYNALDO C. RASING, Complainants, v. ATTYS. FRANKIE O. MAGSALIN III AND PABLO R. CRUZ, Respondents.; A.C. No. 7688 - RAUL C. LANUZA AND REYNALDO C. RASING, Complainants, v. ATTYS. FRANKIE O. MAGSALIN III, PETER ANDREW S. GO AND PABLO R. CRUZ, Respondents.

  • G.R. No. 179597, December 03, 2014 - IGLESIA FILIPINA INDEPENDIENTE, Petitioner, v. HEIRS OF BERNARDINO TAEZA, Respondents.

  • A.M. No. P-11-2917, December 02, 2014 - MARIVIC C. VITOR, Complainant, v. CAROLINE GRACE ZAFRA, COURT STENOGRAPHER II, METROPOLITAN TRIAL COURT, BRANCH 71, PASIG CITY, Respondent.

  • G.R. No. 183161, December 03, 2014 - OFFICE OF THE OMBUDSMAN, Petitioner, v. AMALIO A. MALLARI, Respondent.

  • G.R. No. 199886, December 03, 2014 - CAGAYAN II ELECTRIC COOPERATIVE, INC., REPRESENTED BY ITS MANAGER AND CHIEF EXECUTIVE OFFICER, GABRIEL A. TORDESILLAS, Petitioner, v. ALLAN RAPANAN AND MARY GINE TANGONAN, Respondents.

  • G.R. No. 206162, December 10, 2014 - ALEX M. VALENCERINA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 192232, December 10, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE ESTALIN PRODENCIADO, Accused-Appellant.

  • G.R. No. 190349, December 10, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANCASIO DELFIN, Accused-Appellant.

  • G.R. No. 211465, December 03, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SHIRLEY A. CASIO, Accused-Appellant.

  • G.R. No. 208462, December 10, 2014 - SPOUSES CARLOS J. SUNTAY AND ROSARIO R. SUNTAY, Petitioners, v. KEYSER MERCANTILE, INC., Respondent.

  • G.R. No. 193108, December 10, 2014 - MARILYN VICTORIO-AQUINO, Petitioner, v. PACIFIC PLANS, INC. AND MAMERTO A. MARCELO, JR. (COURT-APPOINTED REHABILITATION RECEIVER OF PACIFIC PLANS, INC.), Respondents.

  • G.R. No. 193100, December 10, 2014 - SAMAR-I ELECTRIC COOPERATIVE, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 209219, December 02, 2014 - BASES CONVERSION AND DEVELOPMENT AUTHORITY (BCDA), Petitioner, v. COMMISSION ON AUDIT CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSIONER HEIDI L. MENDOZA AND COMMISSIONER ROWENA V. GUANZON, THE COMMISSIONERS, COMMISSION ON AUDIT, Respondents.

  • G.R. No. 211703, December 10, 2014 - EDELBERT C. UYBOCO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 10579, December 10, 2014 - ERLINDA FOSTER, Complainant, v. ATTY. JAIME V. AGTANG, Respondent.

  • A.C. No. 10548, December 10, 2014 - CAROLINE CASTAÑEDA JIMENEZ, Complainant, v. ATTY. EDGAR B. FRANCISCO, Respondent.

  • G.R. No. 207682, December 10, 2014 - CONRADO B. NICART, JR., AS PROVINCIAL GOVERNOR OF LGU-EASTERN SAMAR, Petitioner, v. MA. JOSEFINA C. TITONG AND JOSELITO M. ABRUGAR, SR., Respondents.

  • G.R. No. 191694, December 03, 2014 - NARCISO ZAPANTA, EDILBERTO CAPULONG AND CLARITA CAPULONG, Petitioners, v. CO KING KI AS REPRESENTED BY HIS ATTORNEY-IN-FACT WILLIAM CO, Respondent.

  • G.R. No. 156577, December 03, 2014 - ALEJANDRO C. RIVERA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. NO. 156587 - ALFREDO Y. PEREZ, JR., Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. NO. 156749 - LUIS D. MONTERO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 203022, December 03, 2014 - ANTONIO MARTINEZ, Petitioner, v. HON. RONALDO B. MARTIN, PRESIDING JUDGE AND ROLANDO PALMARES, DEPUTY SHERIFF, BOTH OF THE REGIONAL TRIAL COURT OF ANTIPOLO CITY, BRANCH 73, AND NATALIA REALTY, INC., Respondent.

  • G.R. No. 204745, December 08, 2014 - MINDANAO II GEOTHERMAL PARTNERSHIP, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 208261, December 08, 2014 - PHILIPPINE AMUSEMENT AND GAMING CORPORATION, Petitioner, v. LORENIA P. DE GUZMAN, Respondent.

  • G.R. No. 210148, December 08, 2014 - ANTONIO L. DALURAYA, Petitioner, v. MARLA OLIVA, Respondent.

  • G.R. No. 194077, December 03, 2014 - FLORENTINO W. LEONG AND ELENA LEONG, ET AL., Petitioners, v. EDNA C. SEE, Respondent.

  • G.R. No. 170046, December 10, 2014 - PEOPLE OF THE PHILIPPINES, Petitioner, v. MAXIMO A. BORJE, JR., BURT B. FAVORITO, FLORENDO B. ARIAS, ERDITO Q. QUARTO, AGERICO C. PALAYPAY, NAPOLEON S. ANAS, DANILO C. PLANTA, LUISITO S. DELA ROSA, ROGELIO L. BERAY, NORMA A. VILLARMINO, RICARDO M. JUAN, JR., NELSON UMALI, MARIA LUISA T. CRUZ, MELISSA T. ESPINA, VIOLETA R. TADEO, JESSICA J. CATIBAYAN, VIOLETA C. AMAR, RONALDO G. SIMBAHAN, FELIPE A. SAN JOSE, ROLANDO C. CASTILLO, CONCHITA N. DELA CRUZ, JANETTE A. BUGAYONG, JESUS D. CAPUZ, RODELIA R. UY, ROMEO C. FULLIDO, NONETTE H. FULLIDO, VICTORIA M. GO, CARMELITO V. EDEM, AUGUSTO C. CAPUZ,+ VICENTE SANTOS, JR., JOHN DOES AND JANE DOES, AND THE SANDIGANBAYAN (SECOND DIVISION), Respondents.

  • G.R. No. 193707, December 10, 2014 - NORMA A. DEL SOCORRO, FOR AND IN BEHALF OF HER MINOR CHILD RODERIGO NORJO VAN WILSEM, Petitioner, v. ERNST JOHAN BRINKMAN VAN WILSEM, Respondent.

  • G.R. No. 206768, December 03, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO CASTRODES, Accused-Appellant.

  • G.R. No. 185590, December 03, 2014 - METROPOLITAN BANK AND TRUST COMPANY, Petitioner, v. LEY CONSTRUCTION AND DEVELOPMENT CORPORATION AND SPOUSES MANUEL LEY AND JANET LEY, Respondents.

  • G.R. No. 174996, December 03, 2014 - BRO. BERNARD OCA, FSC, BRO. DENNIS MAGBANUA, FSC, MRS. CIRILA MOJICA, MRS. JOSEFINA PASCUAL AND ST. FRANCIS SCHOOL OF GENERAL TRIAS, CAVITE, INC., Petitioner, v. LAURITA CUSTODIO, Respondent.

  • G.R. No. 180364, December 03, 2014 - TZE SUN WONG, Petitioner, v. KENNY WONG, Respondent.

  • G.R. No. 187589, December 03, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. THE STANLEY WORKS SALES (PHILS.), INCORPORATED, Respondent.

  • G.R. No. 209386, December 08, 2014 - MEL CARPIZO CANDELARIA, Petitioner, v. THE PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 206661, December 10, 2014 - HON. ORLANDO C. CASIMIRO, IN HIS CAPACITY AS ACTING OMBUDSMAN, OFFICE OF THE OMBUDSMAN; HON. ROGELIO L. SINGSON, IN HIS CAPACITY AS DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS SECRETARY, Petitioner, v. JOSEFINO N. RIGOR, Respondent.

  • G.R. No. 201781, December 10, 2014 - ANNIE GERONIMO, SUSAN GERONIMO AND SILVERLAND ALLIANCE CHRISTIAN CHURCH*, Petitioners, v. SPS. ESTELA C. CALDERON AND RODOLFO T. CALDERON, Respondents.

  • G.R. No. 212388, December 10, 2014 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. HEIRS OF SPOUSES DONATO SANCHEZ AND JUANA MENESES, REPRESENTED BY RODOLFO S. AGUINALDO, Respondents.

  • G.R. No. 195390, December 10, 2014 - GOV. LUIS RAYMUND F. VILLAFUERTE, JR., AND THE PROVINCE OF CAMARINES SUR, Petitioners, v. HON. JESSE M. ROBREDO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, Respondent.

  • G.R. No. 208890, December 08, 2014 - JOEL N. MONTALLANA, Petitioner, v. LA CONSOLACION COLLEGE MANILA, SR. IMELDA A. MORA, AND ALBERT D. MANALILI,* Respondents.

  • G.R. No. 151258, December 01, 2014 - ARTEMIO VILLAREAL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. No. 154954 - PEOPLE OF THE PHILIPPINES, Petitioner, v. THE HONORABLE COURT OF APPEALS, ANTONIO MARIANO ALMEDA, DALMACIO LIM, JR., JUNEL ANTHONY AMA, ERNESTO JOSE MONTECILLO, VINCENT TECSON, ANTONIO GENERAL, SANTIAGO RANADA III, NELSON VICTORINO, JAIME MARIA FLORES II, ZOSIMO MENDOZA, MICHAEL MUSNGI, VICENTE VERDADERO, ETIENNE GUERRERO, JUDE FERNANDEZ, AMANTE PURISIMA II, EULOGIO SABBAN, PERCIVAL D. BRIGOLA, PAUL ANGELO SANTOS, JONAS KARL B. PEREZ, RENATO BANTUG, JR., ADEL ABAS, JOSEPH LLEDO, AND RONAN DE GUZMAN, Respondents.; G.R. No. 155101 - FIDELITO DIZON, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondents.; G.R. Nos. 178057 & 178080 - GERARDA H. VILLA, Petitioner, v. MANUEL LORENZO ESCALONA II, MARCUS JOEL CAPELLAN RAMOS, CRISANTO CRUZ SARUCA, JR., AND ANSELMO ADRIANO, Respondents.

  • G.R. No. 198928, December 18, 2014 - CBK POWER COMPANY LIMITED, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 203760, December 03, 2014 - HOMER C. JAVIER, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, SUSAN G. CANENCIA, Petitioner, v. SUSAN LUMONTAD, Respondent.

  • A.C. No. 8085, December 01, 2014 - FELIPE LAYOS, Complainant, v. ATTY. MARLITO I. VILLANUEVA, Respondent.

  • G.R. No. 215427, December 10, 2014 - PHILIPPINE AMUSEMENT AND GAMING CORPORATION (PAGCOR), Petitioner, v. THE BUREAU OF INTERNAL REVENUE, REPRESENTED BY JOSE MARIO BUÑAG, IN HIS CAPACITY AS COMMISSIONER OF THE BUREAU OF INTERNAL REVENUE, AND JOHN DOE AND JANE DOE, WHO ARE PERSONS ACTING FOR, IN BEHALF OR UNDER THE AUTHORITY OF RESPONDENT, Respondent.

  • G.R. No. 149638, December 10, 2014 - MONCAYO INTEGRATED SMALL-SCALE MINERS ASSOCIATION, INC. [MISSMA], Petitioner, v. SOUTHEAST MINDANAO GOLD MINING CORP., JB. MGT. MINING CORP., PICOP RESOURCES, INC., MT. DIWATA UPPER ULIP MANDAYA TRIBAL COUNCIL, INC. AND BALITE INTEGRATED SMALL-SCALE MINING CORP., (BISSMICO), Respondents.; G.R. NO. 149916 - HON. ANTONIO H. CERILLES, IN HIS CAPACITY AS SECRETARY OF DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Petitioner, v. SOUTHEAST MINDANAO GOLD MINING CORPORATION (SMGMC) AND BALITE INTEGRATED SMALL-SCALE MINING CORP., (BISSMICO), Respondents.

  • G.R. No. 120051, December 10, 2014 - CITY OF MANILA, HON. ALFREDO S. LIM, AS MAYOR OF THE CITY OF MANILA, AND ANTHONY Y. ACEVEDO, CITY TREASURER, Petitioners, v. HON. ANGEL VALERA COLET, AS PRESIDING JUDGE, REGIONAL TRIAL COURT OF MANILA (BR. 43), AND MALAYSIAN AIRLINE SYSTEM, Respondents.; G.R. NO. 121613 - MAERSK-FILIPINAS, INC., AMERICAN PRESIDENT LINES, LTD., FLAGSHIP TANKERS CORP., CORE INDO MARITIME CORP., AND CORE MARITIME CORP., Petitioners, v. CITY OF MANILA, MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA,1] SANGGUNIANG PANLUNGSOD AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NO. 121675 - EASTERN SHIPPING LINES, INC., Petitioner, v. CITY COUNCIL OF MANILA, THE MAYOR OF MANILA AND THE CITY OF MANILA, Respondents.; G.R. NO. 121704 - WILLIAM LINES, INC., NEGROS NAVIGATION CO., INC., LORENZO SHIPPING CORPORATION, CARLOS A. GOTHONG LINES, INC., ABOITIZ SHIPPING CORPORATION, ABOITIZ AIR TRANSPORT CORPORATION, ABOITIZ HAULERS, INC., AND SOLID SHIPPING LINES CORPORATION, Petitioners, v. REGIONAL TRIAL COURT OF MANILA, BRANCH 32, CITY OF MANILA, MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, SANGGUNIANG PANLUNGSOD, AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NOS. 121720-28 - PNOC SHIPPING AND TRANSPORT CORPORATION, Petitioner, v. HON. JUAN T. NABONG, JR., PRESIDING JUDGE, REGIONAL TRIAL COURT OF MANILA, BRANCH 32; THE CITY OF MANILA; MAYOR ALFREDO LIM; VICE MAYOR LITO ATIENZA; SANGGUNIANG PANLUNGSOD, AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NOS. 121847-55 - MAERSK-FILIPINAS, INC., AMERICAN PRESIDENT LINES, SEA-LAND SERVICES, INC., OVERSEAS FREIGHTERS SHIPPING, INC., DONGNAMA SHIPPING CO., LTD., FLAGSHIP TANKERS, CORE INDO MARITIME CORP., CORE MARITIME CORP., AND EASTERN SHIPPING LINES, INC., Petitioners, v. CITY OF MANILA, HON. MAYOR ALFREDO S. LIM, HON. VICE MAYOR LITO ATIENZA, JR., SANGGUNIANG PANLUNGSOD NG MAYNILA, AND CITY TREASURER ANTHONY Y. ACEBEDO AND THEIR AGENTS OR REPRESENTATIVES, AND HON. JUDGE JUAN C. NABONG, JR., BRANCH 32, REGIONAL TRIAL COURT OF MANILA, RESPONDENTS, WILLIAM LINES, INC., NEGROS NAVIGATION CO., INC., LORENZO SHIPPING CORPORATION, CARLOS A. GOTHONG LINES, INC., ABOITIZ SHIPPING CORPORATION, ABOITIZ AIR TRANSPORT CORPORATION, ABOITIZ HAULERS, INC., SOLID SHIPPING LINES CORPORATION AND PNOC SHIPPING & TRANSPORT CORPORATION, Intervenors.; G.R. NO. 122333 - COSCO CONTAINER LINES AND HEUNG-A SHIPPING CO., LTD., BOTH REPRESENTED BY THEIR RESIDENT AGENT, WALLEM PHILIPPINES SHIPPING, INC.; DSR SENATOR LINES, COMPANIA SUD AMERICANA DE VAPORES S.A., AND ARIMURA SANGYO COMPANY, LTD., ALL REPRESENTED BY THEIR RESIDENT AGENT, C.F. SHARP SHIPPING AGENCIES, INCORPORATED; PACIFIC INTERNATIONAL LINES (PTE) LTD. AND PACIFIC EAGLE LINES (PTE) LTD., BOTH REPRESENTED BY THEIR RESIDENT AGENT, TMS SHIP AGENCIES, INC.; COMPAGNIE MARITIME D’ AFFRETEMENT (CMA), REPRESENTED BY ITS RESIDENT AGENT, INCHCAPE SHIPPING SERVICES; EVERETT ORIENT LINES, INC., REPRESENTED BY ITS RESIDENT AGENT, EVERETT STEAMSHIP CORPORATION; YANGMING MARINE TRANSPORT CORP., REPRESENTED BY ITS RESIDENT AGENT, SKY INTERNATIONAL, INC.; NIPON YUSEN KAISHA, REPRESENTED BY ITS RESIDENT AGENT, FIL-JAPAN SHIPPING CORPORATION; HYUNDAI MERCHANT MARINE CO. LTD., REPRESENTED BY ITS RESIDENT AGENT, CITADEL LINES; MALAYSIAN INTERNATIONAL SHIPPING CORPORATION BERHAD, REPRESENTED BY ITS RESIDENT AGENT, ROYAL CARGO AGENCIES, INC.; BOLT ORIENT LINE, REPRESENTED BY ITS RESIDENT AGENT, FILSOV SHIPPING COMPANY, INC.; MITSUI-O.S.K. LINES, LTD., REPRESENTED BY ITS RESIDENT AGENT, MAGSAYSAY AGENCIES, INC.; PHILS., MICRONESIA & ORIENT NAVIGATION CO. (PMSO LINE), REPRESENTED BY ITS RESIDENT AGENT, VAN TRANSPORT COMPANY, INC.; LLOYD TRIESTINO DI NAVIGAZIONE S.P.A.N. AND COMPAGNIE GENERALE MARITIME, BOTH REPRESENTED BY THEIR RESIDENT AGENT, F.E. ZUELLIG (M), INC.; AND MADRIGAL-WAN HAI LINES, Petitioners, v. CITY OF MANILA, MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, SANGGUNIANG PANLUNGSOD AND CITY TREASURER ANTHONY Y. ACEBEDO, Respondents.; G.R. NO. 122335 - SULPICIO LINES, INC., Petitioner, v. REGIONAL TRIAL COURT OF MANILA, BRANCH 32, CITY OF MANILA MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, SANGGUNIANG PANLUNGSOD AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NO. 122349 - ASSOCIATION OF INTERNATIONAL SHIPPING LINES, INC., IN ITS OWN BEHALF AND IN REPRESENTATION OF ITS MEMBERS, Petitioner, v. CITY OF MANILA, MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, SANGGUNIANG PANLUNGSOD AND CITY TREASURER ANTHONY ACEVEDO, Respondents.; G.R. NO. 124855 - DONGNAMA SHIPPING CO., LTD. AND KYOWA SHIPPING LTD. HEREIN REPRESENTED BY SKY INTERNATIONAL, INC., Petitioners, v. COURT OF APPEALS, CITY OF MANILA MAYOR ALFREDO LIM, VICE MAYOR LITO ATIENZA, CITY COUNCIL OF MANILA, AND CITY TREASURER ANTHONY ACEVEDO, Respondents.

  • G.R. No. 204944-45, December 03, 2014 - FUJI TELEVISION NETWORK, INC., Petitioner, v. ARLENE S. ESPIRITU, Respondent.

  • G.R. No. 168612, December 10, 2014 - PHILIPPINE ELECTRIC CORPORATION (PHILEC), Petitioner, v. COURT OF APPEALS, NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB), DEPARTMENT OF LABOR AND EMPLOYMENT, RAMON T. JIMENEZ, IN HIS CAPACITY AS VOLUNTARY ARBITRATOR, PHILEC WORKERS’ UNION (PWU), ELEODORO V. LIPIO, AND EMERLITO C. IGNACIO, Respondents.

  • G.R. No. 204926, December 03, 2014 - ANACLETO C. MANGASER, REPRESENTED BY HIS ATTORNEY-IN-FACT EUSTAQUIO DUGENIA, Petitioner, v. DIONISIO UGAY, Respondent.

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    G.R. No. 209219, December 02, 2014 - BASES CONVERSION AND DEVELOPMENT AUTHORITY (BCDA), Petitioner, v. COMMISSION ON AUDIT CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSIONER HEIDI L. MENDOZA AND COMMISSIONER ROWENA V. GUANZON, THE COMMISSIONERS, COMMISSION ON AUDIT, Respondents.

      G.R. No. 209219, December 02, 2014 - BASES CONVERSION AND DEVELOPMENT AUTHORITY (BCDA), Petitioner, v. COMMISSION ON AUDIT CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSIONER HEIDI L. MENDOZA AND COMMISSIONER ROWENA V. GUANZON, THE COMMISSIONERS, COMMISSION ON AUDIT, Respondents.

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    G.R. No. 209219, December 02, 2014

    BASES CONVERSION AND DEVELOPMENT AUTHORITY (BCDA), Petitioner, v. COMMISSION ON AUDIT CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSIONER HEIDI L. MENDOZA AND COMMISSIONER ROWENA V. GUANZON, THE COMMISSIONERS, COMMISSION ON AUDIT, Respondents.

    D E C I S I O N

    REYES, J.:

    This resolves the petition for certiorari1 filed by petitioner Bases Conversion and Development Authority (BCDA) under Rule 64, in relation to Rule 65 of the Rules of Court, seeking to annul Decision No. 2013-1092 issued by the Commission on Audit (COA) in the case with the subject “Petition for review of General Narciso L. Abaya (Ret.), President and Chief Executive Officer, Bases Conversion and Development Authority, of COA Adjudication and Settlement Board Decision No. 2009-049 dated May 07, 2009, which denied his appeal from Legal and Adjudication Office Corporate Decision No. 2006-068 dated September 13, 2006, and affirmed Notice of Disallowance No. BCDA-05-001-(02) dated April 12, 2005 amounting to P117,760.00.

    The Antecedents

    On July 9, 2001, BCDA and Design Science, Inc. (DSI) executed the document denominated as Contract for Construction Management Services (CMS) for the Two-Storey Philippine Army Officers’ Clubhouse Building,3 by which DSI was engaged as the construction manager for the building project to be erected at Fort Bonifacio in Metro Manila. As construction manager, DSI was to ensure that the project would be completed within the required time frame, budget and quality standard.4 The agreed consideration for DSI’s services was P2,350,500.00, subject to the terms and conditions stated in the CMS agreement.5 The contract was for seven months, with the project slated to be completed by November 1, 2001.6 Members of the CMS team were to serve for different lengths of time within the project’s five-month construction period and two-month post-construction period.7

    The project was later extended to December 1, 2001, given a time extension of 30-calendar days granted to the project’s main contractor, Kanlaon Construction Enterprise Company, Inc. (KCECI).8 Accordingly, the contract with DSI was also extended for one month. The extension was covered by Supplemental Agreement No. 19 signed by BCDA and DSI, and which provided for a corresponding increase of P560,320.00 in the original contract amount.10 A consultancy contract review conducted by the COA’s Technical Services Office (TSO), however, disclosed that the remuneration cost for the contract extension was higher by P101,200.00 or 39.08% than the remuneration cost that was estimated by COA. The difference stemmed from the excess extension of one man-month each for the following DSI personnel: Project Manager, Residential Cost/Quantity/Specs Engineer and Clerk/Encoder.11 The TSO then recommended that the amount of P101,200.00 be deducted from the service fee that was to be paid to DSI.12

    The Project Manager sought a reconsideration of the TSO’s findings by trying to justify the need for an extension of either two man-months or one man-month for identified personnel. The Project Manager, nonetheless, revised the remuneration cost for the extension, reducing it from P560,320.00 to P456,720.00.13

    In its re-evaluation,14 the TSO still declared the reduced amount of P456,720.00 higher by P117,760.00 or 34.74% than the COA’s new estimated remuneration cost of P338,960.00. The difference was due to an excess of one man-month each for five personnel, particularly: the Resident Sanitary Engineer, Resident Electrical Engineer, Administrative Assistant/Accountant, Utility Man and Driver. Originally, the services of these persons were to end by the project’s fifth month, yet under the revised manning schedule, their services were extended until the seventh month.15 The TSO emphasized that since Article II of the Supplemental Agreement provided for an extension of only one month, an extension of two man-months for these five personnel was unauthorized.16

    Given the circumstances, the BCDA Audit Team Leader, State Auditor Corazon Españo, issued on March 11, 2003 Audit Observation Memorandum No. 03-00817 providing the disallowance of P117,760.00. This was affirmed by the COA’s Legal and Adjudication Office-Corporate via its Notice of Disallowance No. BCDA-05-001-(02)18 dated April 12, 2005. BCDA moved to reconsider, but its plea was denied.19 Unyielding, BCDA appealed to the COA Adjudication and Settlement Board (ASB).

    On May 7, 2009, the ASB rendered Decision No. 2009-04920 denying BCDA’s appeal and thus, affirming the disallowance of P117,760.00. Finding an extension of two months for the five personnel improper and unnecessary, the ASB explained in part:chanroblesvirtuallawlibrary
    Clearly, the original CMS contract stipulates a period of seven (7) months [within] which the DSI will render its services, that is, five-month construction phase and two-month post construction phase. Therefore, all services rendered within the seven-month period, whether original or additional, are intended, covered or included in the scope of works in the original contract. It appears, however, that the DSI decided to utilize the services of subject [five (5)] personnel using a five-month period only, leaving the two-month post construction period unused. Since it was DSI that determined its manning requirements and for which BCDA fully concurred in, it is now estopped from justifying that the additional two (2) man-month requirements were beyond the scope of works of the original contract. Moreover, the excess one month services each of the Sanitary Engineer, Electrical Engineer, Administrative Assistant[/]Accountant, Utility man and Driver were obviously unnecessary considering that these positions, under the original manning schedule, were supposedly to expire simultaneously with the construction phase. Put differently, the DSI was given seven (7) months within which its key and support staff are to render services but opted not to consume the full contract term. Services can only be considered beyond the scope of works of the original contract when the same are rendered beyond the period stipulated in the original contract, in this case, beyond the seven-month period.21
    In affirming the disallowance, the ASB also declared applicable Section 8.1 of the National Economic Development Authority-Implementing Rules and Regulations (NEDA-IRR) governing increase of cost of consulting services. An increase in the cost of consulting services is allowed only when it is due to adjustment of rates, additional works or reasonable delays in project implementation.22

    BCDA appealed the ASB decision to the COA proper via a petition for review, but the COA proper denied the petition in its Decision No. 2013-109.23 The dispositive portion of its decision reads:

    WHEREFORE, premises considered, the petition for review is hereby DENIED. Accordingly, ASB Decision No. 2009-049 dated May 7, 2009 affirming ND No. BCDA-05-001-(02), dated April 12, 2005 in the total amount of P117,760.00 is hereby AFFIRMED.24

    Hence, this petition for certiorari .

    The Present Petition

    BCDA raises a lone issue in its petition:chanroblesvirtuallawlibrary
    WHETHER OR NOT THE [COA] GRAVELY ABUSED ITS DISCRETION WHEN IT DECLARED THAT THE [P]117,760.00 DISBURSEMENTS MADE COVERING THE REMUNERATION PURSUANT TO THE EXTENSION OF THE CMS IS WITHOUT LEGAL BASIS.25
    Ruling of the Court

    The petition is bereft of merit. The Court finds no grave abuse of discretion on the part of the COA in issuing the assailed decision.

    At the outset, the Court emphasizes that the present petition is one for certiorari filed under Rule 64, in relation to Rule 65 of the Rules of Court. Time and again, the Court has pointed out that the special civil action for certiorari is a limited form of review. It should be established that the respondent court or tribunal acted in capricious, whimsical, arbitrary or despotic manner in the exercise of its jurisdiction as to be equivalent to lack of jurisdiction.26 Grave abuse of discretion, which needs to support petitions for certiorari, then has a specific meaning, to wit:chanroblesvirtuallawlibrary
    An act of a court or tribunal can only be considered as with grave abuse of discretion when such act is done in a “capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction.” The abuse of discretion must be so patent and gross as to amount to an “evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility.” Furthermore, the use of a petition for certiorari is restricted only to “truly extraordinary cases wherein the act of the lower court or quasi-judicial body is wholly void.” From the foregoing definition, it is clear that the special civil action of certiorari under Rule 65 can only strike an act down for having been done with grave abuse of discretion if the petitioner could manifestly show that such act was patent and gross. x x x.27
    There appears to be no grave abuse of discretion by the COA in its disposition of BCDA’s appeal from the ASB decision. In its revised manning schedule28 following the one-month extension given to KCECI for project completion, DSI presented an extension of two man-months each for five employees identified as the Resident Sanitary Engineer, Resident Electrical Engineer, Administrative Assistant, Utility Man and Driver. The two man-month extension for these five personnel was clearly not in accord with Article II of the subject Supplemental Agreement, which contemplated a mere one man-month extension for DSI’s services as it provided:chanroblesvirtuallawlibrary
    ARTICLE II
    CONSIDERATION

     
    2.1
    BCDA shall pay the CONSTRUCTION [MANAGER] the additional amount of Pesos: Five Hundred Sixty Thousand Three Hundred Twenty and 00/100 (P560,320.00) for the additional Services for a period of one (1) month , inclusive of reimbursable costs.29 (Underscoring ours and emphasis in the original)
    The Court highlights the fact that the project was originally slated to be completed within seven months. Under the main CMS contract, DSI’s service as construction manager was to coincide with this period. Per its original plan, DSI intended to retain the five subject personnel’s services only until the end of the project’s construction phase in month five. They were then no longer needed during the project’s post-construction phase.

    The project was later extended by only one month. In the revised manning schedule prepared by DSI, it however claimed to need the five subject personnel’s services for two months more, or until months six and seven of the revised schedule totaling eight (8) months. As the COA correctly pointed out, no additional compensation should be allowed for the excess of one man-month each of the five personnel because all services rendered within the original period were already intended, covered or included in the scope of works in the original contract.30 These were then already compensated under the contract dated July 9, 2001. The Court sustains the observations and conclusions of the COA, particularly:chanroblesvirtuallawlibrary
    This Commission also agrees with the ASB that the excess one (1) month services for each of the positions under contention were unnecessary considering that these positions, under the original manning schedule, were supposed to expire simultaneously with the construction phase. It must be emphasized that the main contract was extended only for a period of one (1) month. The services of the construction manager under the original contract were for seven (7) months consisting of five (5) months for the construction phase and two (2) months for the post construction phase. In the original contract, where the construction phase calls for a period of five (5) months, the contested positions were accorded less than five (5) months each. It is therefore not right that a one (1)-month extension of the main contract would require an additional two (2) months service for the positions in question.31
    BCDA’s argument that the disallowed five man-months were not part of the original scope of works fails to persuade. It offered no clear and sufficient explanation as to how and why the five members of the CMS team needed to extend working for two more months than originally intended, when the project itself was extended for only a month. Given such failure, the Court finds no cogent reason to disturb the COA’s finding that the services of the five personnel were not needed for the extra one month. Considering that BCDA and DSI’s supplemental agreement only provided for a one-month project extension, there was in truth no basis, factual or legal, for the disallowed amounts.

    The COA’s disallowance was also justified under the NEDA-IRR on the Procurement of Consulting Services for Government Projects. Section 8.1 thereof is explicit:chanroblesvirtuallawlibrary
    8.1 Cost of Consulting Services

    No increase in cost shall be allowed beyond and above the contract amount indicated in the agreement for consulting services except for the following:

    a.  Adjustment in rates in accordance with Section 6.9  (Escalation);

    b. Additional Works not covered under the scope of works contained in the consulting services agreement; and

    c.  Additional costs that may be incurred due to reasonable delays (greater than 15% of approved contract duration) in project implementation due to acts undeniably attributable to government and/or force majeure as determined by the Head of agency.

    x x x x
    Article 3, Section 3.2.2.1 (j) of the main CMS agreement further provides:
    j.
    In case additional or special Services as required other than those enumerated in the [Terms of Reference], or of those identified under Article 2 hereof, due to circumstances arising beyond the control of the CONSTRUCTION MANAGER and which could have not been reasonably foreseen or for any additional or extension of Services or modification as agreed between the Parties and resulting from BCDA’s specific requests which shall cause amendments to the Services, the CONSTRUCTION MANAGER and BCDA shall agree on the requisite additional remuneration under a separate supplemental agreement in accordance with existing laws.32 (Emphasis ours)
    DSI’s case did not fall under any of these exceptions under the NEDA-IRR and the main CMS agreement that could justify an increase in remuneration. The original contract between BCDA and DSI clearly limited the services that may be allowed via a supplemental agreement to be signed by the parties. The Court reiterates the BCDA’s failure to sufficiently establish that the subject five man-month extensions were not yet covered by the original scope of work. It was also not adequately explained why the services of the five employees became necessary during the post construction phase when under the original manning schedule, they were to serve only until the termination of the project’s construction phase.

    Given the foregoing, COA Decision No. 2013-109 is sustained. As the Court stressed in Veloso v. Commission on Audit:33
    It is the general policy of the Court to sustain the decisions of administrative authorities, especially one which is constitutionally-created not only on the basis of the doctrine of separation of powers but also for their presumed expertise in the laws they are entrusted to enforce. Findings of administrative agencies are accorded not only respect but also finality when the decision and order are not tainted with unfairness or arbitrariness that would amount to grave abuse of discretion. It is only when the COA has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, that this Court entertains a petition questioning its rulings. x x x.34 (Citations omitted)
    WHEREFORE, the petition is DISMISSED.

    SO ORDERED.

    Sereno, (Chief Justice), on official leave.
    Carpio, Velasco, Jr., Leonardo-De Castro, Peralta, Bersamin, Del Castillo, Villarama, Jr., Perez, Mendoza, Perlas-Bernabe, and Leonen, JJ., concur.
    Brion, J., on official leave.
    Jardeleza, J., no part.

    Endnotes:


    1Rollo, pp. 3-22.

    2 Issued by Commission on Audit Chairperson Ma. Gracia M. Pulido Tan and Commissioners Heidi L. Mendoza and Rowena V. Guanzon; id. at 24-29.

    3 Id. at 39-55.

    4 Id. at 95.

    5 Id. at 41.

    6 Id. at 24.

    7 Id. at 98.

    8 Id.

    9 Id. at 32-35.

    10 Id. at 33.

    11 Id. at 25.

    12 Id. at 96.

    13 Id.

    14 Id. at 140-141.

    15 Id. at 9.

    16 Id. at 141.

    17 Id. at 142.

    18 Id. at 30-31.

    19 Id. at 96.

    20 Id. at 95-100.

    21 Id. at 98.

    22 Id. at 99-100.

    23 Id. at 24-29.

    24 Id. at 28.

    25 Id. at 14.

    26Malayang Manggagawa ng Stayfast Phils., Inc. v. National Labor Relations Commission, G.R. No. 155306, August 28, 2013, 704 SCRA 24, 38; Dycoco v. Court of Appeals, G.R. No. 147257, July 31, 2013, 702 SCRA 566, 580; Balayan v. Acorda, 523 Phil. 305, 309 (2006).

    27Malayang Manggagawa ng Stayfast Phils., Inc. v. National Labor Relations Commission, id. at 39, citing Yu v. Judge Reyes-Carpio, G.R. No. 189207, June 15, 2011, 652 SCRA 341, 348.

    28Rollo, p. 9.

    29 Id. at 34.

    30 Id. at 27.

    31 Id.

    32 Id. at 43.

    33 G.R. No. 193677, September 6, 2011, 656 SCRA 767.

    34 Id. 777.

    G.R. No. 209219, December 02, 2014 - BASES CONVERSION AND DEVELOPMENT AUTHORITY (BCDA), Petitioner, v. COMMISSION ON AUDIT CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSIONER HEIDI L. MENDOZA AND COMMISSIONER ROWENA V. GUANZON, THE COMMISSIONERS, COMMISSION ON AUDIT, Respondents.


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