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

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

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    A.C. No. 8085, December 01, 2014

    FELIPE LAYOS, Complainant, v. ATTY. MARLITO I. VILLANUEVA, Respondent.

    R E S O L U T I O N

    PERLAS-BERNABE, J.:

    For the Court’s resolution is a Sumbong1 dated November 26, 2008 filed by complainant Felipe Layos (complainant), charging respondent Atty. Marlito I. Villanueva (respondent) of violating the Code of Professional Responsibility (CPR) and the lawyer’s oath for neglecting the interests of his client.cralawred

    The Facts

    In the Sumbong, it was alleged that respondent is complainant’s counsel of record in Criminal Case No. 7367-B pending before the Regional Trial Court of Biñan, Laguna, Branch 24 (RTC), wherein the former’s constant failure to appear during court hearings resulted in the RTC’s issuance of an Order2 dated June 26, 2003 (June 26, 2003 Order) waiving the defense’s right to cross-examine a prosecution witness. Despite the issuance of such order, respondent remained absent and thus, complainant was only able to move for reconsideration,3 thru respondent, only four (4) years later, or on April 21, 2007, which was denied in an Order4 dated June 21, 2007. Aggrieved, complainant, also thru respondent, filed a petition for certiorari before the Court of Appeals (CA), docketed as CA-G.R. SP No. 101274.5chanRoblesvirtualLawlibrary

    In a Decision6 dated November 6, 2008, the CA dismissed the petition on the merits. The CA likewise chastised respondent for his “lack of candidness and fervor on [his part] to champion the cause” of his client, considering that, inter alia: (a) respondent never bothered to know the outcome of the hearings where he was absent from; (b) it took respondent a long amount of time before moving to reconsider the RTC’s June 26, 2003 Order; and (c) respondent never questioned the appearances of other lawyers as complainant’s counsel during his absence.7 Citing as basis such disquisition by the CA, complainant filed the instant administrative case against respondent.

    In his Comment8 dated March 30, 2009, respondent denied being remiss in his duty as complainant’s counsel. He averred that during the hearing on April 4, 2002 where the criminal case was supposed to be amicably settled, his car broke down and thus, he was unable to attend the hearing. After his car was fixed, he decided to go back to his office and asked his secretary to call complainant to know what happened in the said hearing. However, respondent was unable to contact complainant and that he never heard from the latter for a long time. Respondent claimed that he no longer received any notices from the RTC, and thus, he assumed that the amicable settlement pushed through and that the case was dismissed already.9chanRoblesvirtualLawlibrary

    Further, respondent maintained that it was only sometime before November 15, 2005 when he received a notice of hearing from the RTC.10 Pursuant to the same, he went to the RTC and found out about the June 26, 2003 Order and that other lawyers were appearing for complainant.11 After the hearing, respondent approached the RTC personnel in order to get a copy of the June 26, 2003 Order but was unable to do so due to lack of manpower in the RTC. Thus, he relied on the RTC personnel’s word that they would mail him a copy of such Order, but they were unable to do so. Hence, he was only able to move for reconsideration of the June 26, 2003 Order on April 21, 2007 upon securing a copy of the same on April 4, 2006.12chanRoblesvirtualLawlibrary

    Finally, respondent averred that he had a hard time locating complainant who was not at his home address and was staying at his workplace in Carmona, Cavite. According to respondent, this caused him to advance the filing fees and other expenses of complainant’s cases, not to mention that the latter has failed to pay the agreed appearance fees and attorney’s fees due him.13chanRoblesvirtualLawlibrary

    The IBP’s Report and Recommendation

    In a Report and Recommendation14 dated February 4, 2010, the Integrated Bar of the Philippines (IBP) Commissioner found respondent administratively liable, and accordingly, recommended that he be suspended from the practice of law for a period of six (6) months.15 Citing the CA Decision dated November 6, 2008 in CA-G.R. SP No. 101274, the IBP Commissioner found that respondent failed in his duty as counsel to serve complainant’s interests with competence and diligence by neglecting the latter’s criminal case which was pending before the RTC.16 In a Resolution17 dated February 13, 2013, the IBP Board of Governors (IBP Board) unanimously adopted and approved the IBP Commissioner’s Report and Recommendation, and hence, upheld respondent’s recommended penalty of suspension from the practice of law for a period of six (6) months for negligence in the performance of his legal duty to complainant.

    Respondent moved for reconsideration18 which was, however, denied by the IBP Board in a Resolution19 dated May 2, 2014. Aggrieved, respondent filed a Notice of Appeal20 as well as a Petition for Review on Certiorari21 before the Court.

    The Issue Before the Court

    The essential issue in this case is whether or not respondent should be held administratively liable for the acts complained of.cralawred

    The Court’s Ruling

    After a judicious perusal of the records, the Court concurs with the IBP’s findings, subject to the modification of the recommended penalty to be imposed upon respondent.

    Under Canon 17 and Canon 18, Rules 18.03 and 18.04 of the CPR, it is the lawyer’s duty to serve his client’s interest with utmost zeal, candor and diligence. As such, he must keep abreast of all the developments in his client’s case and should inform the latter of the same, as it is crucial in maintaining the latter’s confidence, to wit:chanroblesvirtuallawlibrary

    CANON 17 – A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

    CANON 18 – A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

    x x x x

    Rule 18.03 – A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection there with shall render him liable.

    Rule 18.04 – A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to client’s request for information.

    As an officer of the court, it is the duty of an attorney to inform his client of whatever important information he may have acquired affecting his client’s case. He should notify his client of any adverse decision to enable his client to decide whether to seek an appellate review thereof. Keeping the client informed of the developments of the case will minimize misunderstanding and loss of trust and confidence in the attorney. The lawyer should not leave the client in the dark on how the lawyer is defending the client’s interests. In this connection, the lawyer must constantly keep in mind that his actions, omissions, or nonfeasance would be binding upon his client. As such, the lawyer is expected to be acquainted with the rudiments of law and legal procedure, and a client who deals with him has the right to expect not just a good amount of professional learning and competence but also a whole-hearted fealty to the client’s cause.22chanRoblesvirtualLawlibrary

    In the case at bar, records reveal that since missing the April 4, 2002 hearing due to car trouble, respondent no longer kept track of complainant’s criminal case and merely assumed that the same was already amicably settled and terminated. Thereafter, when respondent finally knew that the case was still on-going, he attended the November 15, 2005 hearing, and discovered the RTC’s issuance of the June 26, 2003 Order which is prejudicial to complainant’s cause. Despite such alarming developments, respondent did not immediately seek any remedy to further the interests of his client. Instead, he passively relied on the representations of the court employees that they would send him a copy of the aforesaid Order. Worse, when he finally secured a copy on April 4, 2006, it still took him over a year, or until April 21, 2007, just to move the RTC to reconsider its June 26, 2003 Order. Naturally, the RTC and the CA denied the motion for being filed way beyond the reglementary period, to the detriment of complainant. Clearly, respondent failed to exercise such skill, care, and diligence as men of the legal profession commonly possess and exercise in such matters of professional employment.23chanRoblesvirtualLawlibrary

    While the Court agrees that respondent should be held administratively liable for the foregoing acts and thus, must be suspended from the practice of law, it nevertheless deems that the IBP’s recommended period of suspension of six (6) months is too harsh a penalty, given the complainant’s seeming disinterest in the developments of his own case. This is evidenced by complainant not communicating with respondent, getting other lawyers referred to him by his friends despite having a counsel of record, and being indifferent despite being informed of a standing warrant of arrest against him.24 In Venterez v. Atty. Cosme,25 a case involving a lawyer who committed culpable negligence in handling his clients’ case, the Court reduced his period of suspension from six (6) months to three (3) months after considering the surrounding circumstances of the case.26 Similarly, in Somosot v. Atty. Lara27 which also involved a lawyer who was remiss in his duties as counsel, the Court also reduced the period of his suspension from six (6) months to three (3) months, in light of his client’s contributory faults.28 In view of the foregoing, the Court finds that respondent’s suspension from the practice of law for a period of three (3) months would be commensurate penalty to the acts complained of.

    It must be stressed that public interest requires that an attorney exert his best efforts in the prosecution or defense of a client’s cause. A lawyer who performs that duty with diligence and candor not only protects the interests of his client, he also serves the ends of justice, does honor to the bar, and helps maintain the respect of the community to the legal profession. Lawyers are indispensable part of the whole system of administering justice in this jurisdiction. At a time when strong and disturbing criticisms are being hurled at the legal profession, strict compliance with one’s oath of office and the canons of professional ethics is an imperative.29chanRoblesvirtualLawlibrarychanrobleslaw

    WHEREFORE, respondent Atty. Marlito I. Villanueva is found administratively liable for violation of Canon 17 and Canon 18, Rules 18.03 and 18.04 of the Code of Professional Responsibility. Accordingly, he is hereby SUSPENDED from the practice of law for three (3) months effective from the finality of this Resolution, and is STERNLY WARNED that a repetition of the same or similar act in the future shall be dealt with more severely.

    Let a copy of this Resolution be furnished the Office of the Bar Confidant, to be appended to respondent’s personal record as attorney. Further, let copies of this Resolution be furnished the Integrated Bar of the Philippines and the Office of the Court Administrator, which is directed to circulate them to all courts in the country for their information and guidance.

    SO ORDERED.cralawlawlibrary

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

    Endnotes:


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

    1Rollo, pp. 1-3.

    2 Id. at 207. Penned by Judge Damaso A. Herrera.

    3 See Motion to Set Aside Order Dated June 26, 2003 dated April 17, 2007; id. at 213-221.

    4 Id. at 244. Penned by Presiding Judge Marino E. Rubia.

    5 See id. at 1.

    6 Id. at 5-17. Penned by Associate Justice Andres P. Reyes, Jr. with Associate Justices Jose C. Mendoza (now a member of the Court) and Sesinando E. Villon, concurring.

    7 See id. at 15-16.

    8 Id. at 26-57.

    9 See id. at 30-31.

    10 Id. at 31.

    11 See id. at 31-33.

    12 See id. at 33-36.

    13 Id. at 36-38.

    14 Id. at 489-502. Signed by Commissioner Atty. Salvador B. Hababag.

    15 Id. at 502.

    16 See id. at 500-502.

    17 See Notice of Resolution signed by National Secretary Nasser A. Marohomsalic; id. at 488.

    18 See Motion for Reconsideration dated May 31, 2013; id. at 503-508.

    19 See Notice of Resolution; id. at 522.

    20 Dated September 23, 2014. (Id. at 539-542.)

    21 Id. at 543-582.

    22 See Tan v. Diamante, A.C. No. 7766, August 5, 2014; citations omitted.

    23 Id., citing Pineda v. Atty. Macapagal, 512 Phil. 668, 672 (2005).

    24 See rollo, pp. 36-38, 330-333, and 499-500.

    25 561 Phil. 479 (2007).

    26 Id. at 490-491.

    27 597 Phil. 149 (2009)

    28 Id. at 167-168.

    29Balatbat v. Atty. Arias, 549 Phil. 517, 526-527 (2007); citations omitted.

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


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