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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. 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. 208890, December 08, 2014 - JOEL N. MONTALLANA, Petitioner, v. LA CONSOLACION COLLEGE MANILA, SR. IMELDA A. MORA, AND ALBERT D. MANALILI,* Respondents.

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    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.

    D E C I S I O N

    PERLAS-BERNABE, J.:

    Assailed in this petition for review on certiorari1 are the Decision2 dated May 31, 2013 and the Resolution3 dated August 30, 2013 of the Court of Appeals (CA) in CA-G.R. SP No. 127988 which reversed and set aside the Decision4 dated July 31, 2012 and the Resolution5 dated October 16, 2012 of the National Labor Relations Commission (NLRC) in NLRC LAC No. 02-000556-12, finding petitioner Joel N. Montallana (Montallana) to have been terminated from employment by respondent La Consolacion College Manila (La Consolacion) for a just and legal cause.

    The Facts

    Montallana was a faculty member of La Consolacion’s College of Arts and Sciences.6chanRoblesvirtualLawlibrary

    On January 16, 2009, Mrs. Nerissa D. Del Fierro-Juan (Juan), the Assistant Dean of the College of Arts and Sciences and the immediate superior of Montallana, filed a formal administrative complaint7 with La Consolacion8 against Montallana, charging him of: (a) oral defamation (or slander); (b) disorderly conduct in the school premises; and (c) discourteous/indecent behavior or using profane or obscene language in addressing co-employees, superiors, or anybody within the school premises.9chanRoblesvirtualLawlibrary

    The said complaint arose from an incident that occurred in the faculty room on January 12, 2009 while Dean’s Secretary Ann Ruiz (Ruiz) and student assistant Kathlyn Saez (Saez) were numbering the lockers, pursuant to a policy implemented by Juan.10 At that time, Montallana was conversing with a co-faculty member, Dr. Beatriz V. Pabito (Pabito), when the latter asked Ruiz and Saez what they were doing.11 Upon learning of the re-assignment of lockers of faculty members through drawing of lots, Pabito commented, saying “para naman tayong bata nyan,”12 to which Montallana followed suit and, in a loud voice, remarked “oo nga naman para tayong mga grade one nyan, anong kabubuhan ng grade one yan.13 Juan heard Montallana’s remark and confronted him, resulting in a heated altercation that ended with the latter walking out of the room while Juan was still talking to him.14chanRoblesvirtualLawlibrary

    After due investigation, La Consolacion’s fact-finding committee found Montallana guilty of serious misconduct in making derogatory and insulting remarks about his superior, aggravated by the fact that he made such remarks in a loud voice so that Juan would hear them.15 While noting that the foregoing may be considered as a just cause for Montallana’s termination, the committee observed that it was his first offense and stressed on the reformative and redemptive facets of the case.16 In fine, Montallana was only meted the penalty of suspension without pay for a period of two (2) months and directed him to submit a written public apology to Juan in a tenor satisfactory to her and La Consolacion’s Human Resource Department (HRD).17chanRoblesvirtualLawlibrary

    In a letter18 dated April 22, 2009, Montallana sought reconsideration of his suspension and explained that a written public apology was inappropriate at that time in view of the pendency of a criminal complaint19 for grave oral defamation filed by Juan against him before the City Prosecutor’s Office. He mentioned that his issuance of a written public apology while the criminal case was being heard might incriminate himself, adding too that it was his lawyer who advised him to invoke his right against self-incrimination.20chanRoblesvirtualLawlibrary

    The request having been denied by La Consolacion’s President, respondent Sr. Imelda A. Mora (Mora), in her letter21 dated May 12, 2009, Montallana filed a complaint for illegal suspension and unfair labor practice, with prayer for payment of salaries during the period of suspension, and moral and exemplary damages against respondents La Consolacion and Mora before the NLRC, docketed as NLRC NCR Case No. 05-07667-09 (illegal suspension case).22chanRoblesvirtualLawlibrary

    In a Decision23 dated April 15, 2010, the Labor Arbiter (LA) ruled in favor of Montallana, holding that his actions did not constitute serious misconduct.24 Hence, Montallana’s suspension from employment was declared illegal and respondents La Consolacion and Mora were ordered to pay Montallana the amount of ?48,000.00 as his salary during the period of suspension.25chanRoblesvirtualLawlibrary

    On appeal,26 however, the NLRC disagreed27 with the findings of the LA and found Montallana’s acts to be constitutive of serious misconduct and against the rule of honor and decency expected of any teacher.28 While it found sufficient basis to impose the penalty of termination, the NLRC nonetheless sustained the two (2)-month suspension in deference to the school’s prerogative to discipline its employees.29 Montallana moved for reconsideration30 but was denied by the NLRC in a Decision31 dated February 7, 2011. Montallana no longer elevated the matter to the CA and the NLRC’s decision became final and executory on February 28, 2011.32chanRoblesvirtualLawlibrary

    Thereafter, on June 1, 2011, La Consolacion, through its HRD Director, respondent Albert D. Manalili (Manalili), directed Montallana to explain in writing why he should not be dismissed for failure to submit his written public apology which formed part of the disciplinary sanction that was sustained with finality by the NLRC.33chanRoblesvirtualLawlibrary

    In a letter34 dated June 9, 2011, Montallana begged for La Consolacion’s indulgence, explaining that he had no intention of defying the directive to submit a written public apology and that his inability to comply therewith was, to reiterate, only in view of the pendency of the criminal case against him. He, nonetheless, expressed his willingness to comply with the directive once the said case was resolved with finality. Finding Montallana’s written explanation unsatisfactory, Manalili terminated him from work on June 13, 2011.35chanRoblesvirtualLawlibrary

    Asserting that his dismissal for failure to submit a written public apology was unjustified and was, in fact, connected to his position as an officer of La Consolacion’s newly formed and recognized Union, Montallana filed a complaint36 for illegal dismissal with money claims against respondents La Consolacion, Mora, and Manalili (respondents), docketed as NLRC NCR Case No. 06-09263-11.

    In respondents’ defense,37 they contended that since the directive to apologize was part of the penalty imposed on Montallana, his refusal and/or failure to comply merited further sanctions.38 They denied having dismissed Montallana for his union activities, pointing out that even the Union President agreed to his suspension for his misbehavior.39chanRoblesvirtualLawlibrary

    The LA Ruling

    In a Decision40 dated November 14, 2011, the LA dismissed Montallana’s complaint, holding that his refusal to apologize – in light of his chosen profession as a teacher and La Consolacion’s right to maintain a certain standard of behavior among its faculty, who serve as models for its students – was tantamount to serious misconduct and, hence, warranted his termination.41 In this relation, the LA found Montallana’s reason for refusing to apologize as invalid, observing that no evidence was adduced to establish the existence of the criminal case mentioned in his letters of explanation, and that even if there was one, the case was strictly between Montallana and Juan and not the concern of the respondents.42chanRoblesvirtualLawlibrary

    Aggrieved, Montallana filed an appeal43 before the NLRC.

    The NLRC Ruling

    In a Decision44 dated July 31, 2012, the NLRC reversed and set aside the LA’s verdict, and thus, ordered respondents to reinstate Montallana and to pay him backwages from the time he was illegally dismissed up to his reinstatement.

    It ruled that Montallana’s failure to submit a written public apology was not an open defiance of respondents’ order since he even begged for the latter’s indulgence, believing that the issuance of a letter of apology would incriminate him in the on-going criminal case filed by Juan.45 To this, the NLRC added that Montallana did not question his superiors’ orders as he, in fact, expressed his willingness to abide by the same, but only at a later appropriate time.46 Further, the NLRC observed that since Montallana had already been suspended from work without pay, respondents should have accorded him more consideration and compassion to his plight.47 Thus, it ruled Montallana’s dismissal to be too severe a penalty and ordered respondents to reinstate him to his former position without loss of seniority and to pay him backwages from the time he was illegally dismissed up to his reinstatement.48chanRoblesvirtualLawlibrary

    Respondents moved for reconsideration,49 asserting that the failure to comply with their directive to apologize constituted insubordination which is subject to disciplinary sanction under the school’s Administrative Affairs Manual.50 They further manifested that the criminal case filed against Montallana had already been dismissed in a Resolution51 dated March 5, 2010 and dropped from the prosecutor’s list of cases on July 2, 2010,52 or way before La Consolacion sent the June 1, 2011 directive to explain why he failed to comply with the required written public apology. Consequently, it was pointed out that Montallana was lying not only to respondents but also to the NLRC.53chanRoblesvirtualLawlibrary

    Montallana, in response, claimed to have acquired a copy of the prosecutor’s March 5, 2010 Resolution only on September 11, 2012 and, in this regard, submitted his letter of apology to the NLRC.54chanRoblesvirtualLawlibrary

    In a Resolution55 dated October 16, 2012, the NLRC found that Montallana belatedly received the prosecutor’s March 5, 2010 Resolution only on September 11, 2012 and, hence, denied respondents’ motion.56 This prompted the filing of a petition for certiorari57 before the CA.cralawred

    The CA Ruling

    In a Decision58 dated May 31, 2013, the CA gave due course to respondents’ petition and eventually reversed and set aside the NLRC’s Decision.

    It found that Montallana deliberately refused to obey the directive of the respondents to apologize and that the pendency of the criminal case against him was not sufficient justification to excuse him from compliance. It observed that the said directive was an integral part of his punishment for serious misconduct, which had already been sustained with finality by the NLRC in the illegal suspension case.59 Further, the CA agreed with the LA that La Consolacion, as an educational institution, has the right to maintain and expect a certain standard of behavior from its faculty, as they serve as role models for its students.60 All told, the CA was satisfied that Montallana’s employment was terminated for a just and legal cause.61chanRoblesvirtualLawlibrary

    Dissatisfied, Montallana moved for reconsideration62 which was denied in a Resolution63 dated August 30, 2013, hence, this petition.


    The Issue Before the Court

    The primordial issue for the Court’s resolution is whether or not Montallana’s termination from work was lawful and justified.cralawred

    The Court’s Ruling

    The petition is meritorious.

    “Willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work” is one of the just causes to terminate an employee under Article 296 (a) (formerly Article 282 [a]) of the Labor Code.64 In order for this ground to be properly invoked as a just cause for dismissal, the conduct must be willful or intentional, willfulness being characterized by a wrongful and perverse mental attitude.65 In Dongon v. Rapid Movers and Forwarders Co., Inc.,66 “willfulness” was described as “attended by a wrongful and perverse mental attitude rendering the employee’s act inconsistent with proper subordination.”67chanRoblesvirtualLawlibrary

    It is well to stress that it is the employer who bears the burden of proving, through substantial evidence, that the aforesaid just cause – or any other authorized cause for that matter – forms the basis of the employee’s dismissal from work.68 Failing in which, the dismissal should be adjudged as illegal.

    In the case at bar, respondents failed to prove, by substantial evidence, that Montallana’s non-compliance with respondents’ directive to apologize was “willful or intentional.” The Court finds itself in complete agreement with the NLRC that the disobedience attributed to Montallana could not be justly characterized as “willful” within the contemplation of Article 296 of the Labor Code, in the sense above-described.

    As culled from the records, aside from the administrative complaint filed by Juan against Montallana for his serious misconduct, the former also filed a criminal complaint for grave oral defamation for the utterances he made arising from the same incident before the Manila City Prosecutor’s Office. In the honest belief that issuing a letter of apology would incriminate him in the said criminal case – and upon the advice of his own lawyer at that – Montallana wrote to respondents and voluntarily communicated that he was willing to issue the required apology, but only had to defer the same in view of his legal predicament. As the Court sees it, the tenor of his letters, and the circumstances under which they were taken, at the very least, exhibited Montallana’s good faith in dealing with respondents. This, therefore, negates the theory that his failure to abide by respondents’ directive to apologize was attended by a “wrong and perverse mental attitude rendering the employee’s act inconsistent with proper subordination,” which would warrant his termination from employment.

    It beckons clarification that respondents’ submission of the prosecutor’s March 5, 2010 Resolution to show that Juan’s criminal complaint against Montallana was dismissed way earlier than their June 1, 2011 directive to explain is not enough to show that the latter took a willfully defiant attitude against a lawful order, considering that no other evidence was presented to prove that the said Resolution had already attained finality. In fact, as pointed out by the NLRC, it was only on September 11, 2012 that Montallana was able to obtain a copy of the prosecutor’s March 5, 2010 Resolution, or long after he had already submitted his letter of explanation on June 9, 2011.69 Therefore, respondents’ assertion that Montallana had lied to them cannot be given any credence.

    Besides, even on the assumption that there was willful disobedience, still, the Court finds the penalty of dismissal too harsh. It bears to stress that not every case of insubordination or willful disobedience by an employee reasonably deserves the penalty of dismissal.70 The penalty to be imposed on an erring employee must be commensurate with the gravity of his offense.71 To the Court’s mind, the case of an employee who is compelled to apologize for a previous infraction but fails to do so is not one which would properly warrant his termination, absent any proof that the refusal was made in brazen disrespect of his employer. While there is no question that teachers are held to a peculiar standard of behavior in view of their significant role in the rearing of our youth, educational institutions are, in the meantime, held against a legal standard imposed against all employers, among which, is the reservation of the ultimate penalty of dismissal for serious infractions enumerated as just causes under Article 296 of the Labor Code. Unfortunately, respondents herein failed to prove the seriousness of Montallana’s omission by the evidentiary benchmark of substantial evidence. And to add, on a related note, while La Consolacion’s Administrative Affairs Manual72 discloses that acts of insubordination (particularly, that of refusing or neglecting to obey the school’s lawful directive) are dismissible violations, they are only so if imposed as a third sanction. In the same vein, records are bereft of any showing that Montallana’s failure to apologize was being punished as such.

    In fine, since respondents failed to prove, by substantial evidence, that Montallana’s dismissal was based on a just or authorized cause under the Labor Code or was clearly warranted under La Consolacion’s Administrative Affairs Manual, the Court rules that the dismissal was illegal. Consequently, the NLRC’s identical ruling, which was erroneously reversed by the CA on certiorari, must be reinstated with the modification, however, in that the order for respondents Mora and Manalili to pay Montallana backwages73 should be deleted. It is a rule that personal liability of corporate directors, trustees or officers attaches only when: (a) they assent to a patently unlawful act of the corporation, or when they are guilty of bad faith or gross negligence in directing its affairs, or when there is a conflict of interest resulting in damages to the corporation, its stockholders or other persons; (b) they consent to the issuance of watered down stocks or when, having knowledge of such issuance, do not forthwith file with the corporate secretary their written objection; (c) they agree to hold themselves personally and solidarily liable with the corporation; or (d) they are made by specific provision of law personally answerable for their corporate action.74 None of these circumstances, in so far as Mora and Manalili are concerned, were shown to be present in this case; hence, there is no reason for them to be held liable for Montallana’s backwages.chanrobleslaw

    WHEREFORE, the petition is GRANTED. The Decision dated May 31, 2013 and the Resolution dated August 30, 2013 of the Court of Appeals in CA-G.R. SP No. 127988 are hereby REVERSED and SET ASIDE. Accordingly, the Decision dated July 31, 2012 and the Resolution dated October 16, 2012 of the National Labor Relations Commission in NLRC LAC No. 02-000556-12, declaring petitioner Joel N. Montallana (Montallana) to have been illegally dismissed, are REINSTATED with the MODIFICATION deleting the order for respondents Sr. Imelda A. Mora and Albert D. Manalili to pay Montallana his backwages.

    SO ORDERED.

    Sereno, C.J., (Chairperson), Carpio,** Leonardo-De Castro, and Reyes,*** JJ., concur.

    Endnotes:


    * “Alberto Manalili” in some parts of the records.

    ** Designated Acting Member per Special Order No. 1899 dated December 3, 2014.

    *** Designated Acting Member per Special Order No. 1892 dated November 28, 2014.

    1Rollo, pp. 10-27.

    2 Id. at 286-295. Penned by Associate Justice Socorro B. Inting with Associate Justices Jose C. Reyes, Jr. and Mario V. Lopez, concurring.

    3 Id. at 308-309.

    4 Id. at 57-64. Penned by Commissioner Isabel G. Panganiban-Ortiguerra with Presiding Commissioner Joseph Gerard E. Mabilog and Commissioner Nieves E. Vivar-De Castro, concurring.

    5 Id. at 52-55.

    6 “School of Arts and Sciences” in some parts of the records. Id. at 57 and 287.

    7 Id. at 78-79.

    8 The formal administrative complaint was filed with Dr. Lina V. Diaz-De Rivera (Dr. De Rivera), VPAA/ Dean of College of Arts and Sciences, and was endorsed by Dr. De Rivera to respondent Sr. Imelda A. Mora, President of La Consolacion, who, in turn, created a fact-finding committee to investigate the case. Id. at 80 and 85.

    9 Id. at 57-58 and 79.

    10 Id. at 78 and 287.

    11 Id. at 82 and 143.

    12 See Affidavit of Pabito dated February 17, 2009; id. at 105.

    13 See Montallana’s Reply to the formal administrative complaint dated January 24, 2009; id. at 82.

    14 Id. at 123.

    15 See Report of Fact-Finding Committee dated April 4, 2009; id. at 110.

    16 See id. at 111.

    17 See letter dated April 7, 2009; id. at 112.

    18 Id. at 113-115.

    19 Docketed as I.S. No. XV-07-INV-09C-01841. (See id. at 262)

    20 Id. at 115.

    21 Id. at 116.

    22 See id. at 119.

    23 Id. at 119-126. Penned by Labor Arbiter Romelita N. Rioflorido.

    24 Id. at 125.

    25 Id.

    26 Docketed as NLRC LAC Case No. 05-001078-10.

    27 See Resolution dated September 30, 2010 penned by Commissioner Numeriano D. Villena with Presiding Commissioner Herminio V. Suelo and Commissioner Angelo Ang Palan concurring; id. at 141-149.

    28 Id. at 148.

    29 Id.

    30 See Motion for Reconsideration dated October 28, 2010; id. at 151-156.

    31 Id. at 162-164.

    32 See Entry of Judgment dated March 14, 2011; id. at 165.

    33 See Letter dated June 1, 2011; id. at 166.

    34 Id. at 167.

    35 See letter dated June 13, 2011; id. at 168.

    36 See Montallana’s Position Paper dated August 24, 2011; id. at 169.

    37 See Respondents’ Reply dated September 22, 2011; id. at 195-198.

    38 Id. at 195-196.

    39 Id. at 197-198.

    40 Id. at 209-222. Penned by Labor Arbiter Pablo A. Gajardo, Jr.

    41 Id. at 217-221.

    42 Id. at 221.

    43 Docketed as NLRC LAC No. 02-000556-12. Id. at 57.

    44 Id. at 57-64.

    45 Id. at 61-62.

    46 Id. at 62.

    47 Id. at 62-63

    48 Id. at 63-64.

    49 See Motion for Reconsideration dated August 28, 2012. Id. at 251-257.

    50 Id. at 255. See also Administrative Affairs Manual; id. at 260.

    51 Id. at 261-263. Penned by Assistant City Prosecutor Mary Dale Duron-Darantinao.

    52 Id. at 255.

    53 Id. at 255-256.

    54 Id. at 54.

    55 Id. at 52-55.

    56 Id. at 54.

    57 Id. at 28-46.

    58 Id. at 286-295.

    59 Id. at 292.

    60 Id. at 293.

    61 Id. at 294.

    62 See Motion for Reconsideration filed on June 19, 2013; id. at 296-301.

    63 Id. at 308-309.

    64 Renumbered pursuant to Republic Act No. 10151 entitled “An Act Allowing the Employment of Night Workers, Thereby Repealing Articles 130 and 131 of Presidential Decree Number Four Hundred Forty-Two, As Amended, Otherwise Known as the Labor Code of the Philippines.”

    65Nissan Motors Phils., Inc. v. Angelo, G.R. No. 164181, September 14, 2011, 657 SCRA 520, 529-530.

    66 G.R. No. 163431, August 28, 2013, 704 SCRA 56.

    67 Id. at 67-68.

    68PNOC-Energy Development Corporation v. Estrella, G.R. No. 197789, July 8, 2013, 700 SCRA 767, 775; citation omitted.

    69 Rollo, p. 54.

    70 Procter and Gamble Philippines v. Bondesto, 468 Phil. 932, 942 (2004).

    71 NLRC v. Salgarino, 529 Phil. 355, 371 (2006).

    72Rollo, p. 260.

    73 Id. at 64.

    74Carag v. NLRC, 548 Phil. 581, 605 (2007), citing McLeod v. NLRC, 541 Phil. 214, 242 (2007).

    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.


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