ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-2014 Jurisprudence                 

  • A.M. No. RTJ-08-2140 (Formerly A.M. No. 00-2-86-RTC), October 07, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. EXECUTIVE JUDGE OWEN B. AMOR, REGIONAL TRIAL COURT, DAET, CAMARINES NORTE, Respondent.

  • A.C. No. 7919, October 08, 2014 - DOMADO DISOMIMBA SULTAN, Complainant, v. ATTY. CASAN MACABANDING, Respondent.

  • A.M. No. P-14-3246 [Formerly A.M. OCA I.P.I. No. 11-3580-P], October 15, 2014 - ATTY. RICO PAOLO R. QUICHO, REPRESENTING BANK OF COMMERCE, Complainant, v. BIENVENIDO S. REYES, JR. , SHERIFF IV, BRANCH 98, REGIONAL TRIAL COURT, QUEZON CITY, Respondent.

  • G.R. No. 205821, October 01, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GARRY DELA CRUZ Y DE GUZMAN, Accused-Appellant.

  • G.R. No. 188753, October 01, 2014 - AM-PHIL FOOD CONCEPTS, INC., Petitioner, v. PAOLO JESUS T. PADILLA, Respondent.

  • G.R. No. 198528, October 13, 2014 - MAGSAYSAY MITSUI OSK MARINE, INC. AND/OR MOL TANKSHIP MANAGEMENT (ASIA) PTE LTD., Petitioners, v. JUANITO G. BENGSON,* Respondent.

  • A.M. No. P-14-3217 (Formerly OCA IPI NO. 14-4252-RTJ), October 08, 2014 - RE: ANONYMOUS LETTER, Complainant, v. JUDGE CORAZON D. SOLUREN, PRESIDING JUDGE, AND RABINDRANATH A. TUZON, LEGAL RESEARCHER II, BOTH OF BRANCH 91, REGIONAL TRIAL COURT, BALER, AURORA, Respondents.

  • G.R. No. 196005, October 01, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. CHARLIE FIELDAD, RYAN CORNISTA, AND EDGAR PIMENTEL, Appellants.

  • G.R. No. 189358, October 08, 2014 - CENTENNIAL GUARANTEE ASSURANCE CORPORATION, Petitioner, v. UNIVERSAL MOTORS CORPORATION, RODRIGO T. JANEO, JR., GERARDO GELLE, NISSAN CAGAYAN DE ORO DISTRIBUTORS, INC., JEFFERSON U. ROLIDA, AND PETER YAP, Respondents.

  • G.R. No. 198636, October 08, 2014 - ESPERANZA C. CARINAN, Petitioner, v. SPOUSES GAVINO CUETO AND CARMELITA CUETO, Respondents.

  • G.R. No. 183272, October 15, 2014 - SUN LIFE OF CANADA (PHILIPPINES), INC., Petitioner, v. SANDRA TAN KIT AND THE ESTATE OF THE DECEASED NORBERTO TAN KIT, Respondents.

  • G.R. No. 198878, October 15, 2014 - RESIDENTS OF LOWER ATAB & TEACHERS’ VILLAGE, STO. TOMAS PROPER BARANGAY, BAGUIO CITY, REPRESENTED BY BEATRICE T. PULAS, CRISTINA A. LAPPAO. MICHAEL MADIGUID, FLORENCIO MABUDYANG AND FERNANDO DOSALIN, Petitioners, v. STA. MONICA INDUSTRIAL & DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 185745, October 15, 2014 - SPOUSES DOMINADOR MARCOS AND GLORIA MARCOS, Petitioners, v. HEIRS OF ISIDRO BANGI AND GENOVEVA DICCION, REPRESENTED BY NOLITO SABIANO, Respondents.

  • G.R. No. 193650, October 08, 2014 - GEORGE PHILIP P. PALILEO AND JOSE DE LA CRUZ, Petitioners, v. PLANTERS DEVELOPMENT BANK, Respondent.

  • G.R. No. 190161, October 13, 2014 - ANITA N. CANUEL, FOR HERSELF AND ON BEHALF OF HER MINOR CHILDREN, NAMELY: CHARMAINE, CHARLENE, AND CHARL SMITH, ALL SURNAMED CANUEL, Petitioners, v. MAGSAYSAY MARITIME CORPORATION, EDUARDO U. MANESE, AND KOTANI SHIPMANAGEMENT LIMITED, Respondents.

  • G.R. No. 176492, October 20, 2014 - MARIETTA N. BARRIDO, Petitioner, v. LEONARDO V. NONATO, Respondent.

  • G.R. No. 197228, October 08, 2014 - DUTY FREE PHILIPPINES, Petitioner, v. BUREAU OF INTERNAL REVENUE, REPRESENTED BY HON. ANSELMO G. ADRIANO, ACTING REGIONAL DIRECTOR, REVENUE REGION NO. 8, MAKATI CITY, Respondent.

  • G.R. No. 197380, October 08, 2014 - ELIZA ZUÑIGA-SANTOS,* REPRESENTED BY HER ATTORNEY-IN FACT, NYMPHA Z. SALES, Petitioners, v. MARIA DIVINA GRACIA SANTOS-GRAN** AND REGISTER OF DEEDS OF MARIKINA CITY, Respondents.

  • G.R. No. 191225, October 13, 2014 - ZARSONA MEDICAL CLINIC, Petitioner, v. PHILIPPINE HEALTH INSURANCE CORPORATION, Respondent.

  • G.R. No. 203583, October 13, 2014 - LEONORA B. RIMANDO, Petitioner, v. SPOUSES WINSTON AND ELENITA ALDABA AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 187240, October 15, 2014 - CARLOS A. LORIA, Petitioner, v. LUDOLFO P. MUÑOZ, JR., Respondent.

  • G.R. No. 204800, October 14, 2014 - NATIONAL TRANSMISSION CORPORATION, Petitioner, v. COMMISSION ON AUDIT, ATTY. JOSEPHINE A. TILAN, REGIONAL CLUSTER DIRECTOR AND MR. ROBERTO G. PADILLA, STATE AUDITOR IV, Respondents.

  • G.R. No. 191838, October 20, 2014 - YKR CORPORATION, MA. TERESA J. YULO-GOMEZ, JOSE ENRIQUE J. YULO, MA. ANTONIA J. YULO-LOYZAGA, JOSE MANUEL J. YULO, MA. CARMEN J. YULO AND JOSE MARIA J. YULO, Petitioners, v. PHILIPPINE AGRI-BUSINESS CENTER CORPORATION, Respondent.; G.R. No. 191863 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. PHILIPPINE AGRI-BUSINESS CENTER CORPORATION, Respondent.

  • G.R. No. 192518, October 15, 2014 - PHILIPPINE LONG DISTANCE TELEPHONE COMPANY AND/OR ERNANI TUMIMBANG, Petitioners, v. HENRY ESTRANERO, Respondent.

  • G.R. No. 194884, October 22, 2014 - IMASEN PHILIPPINE MANUFACTURING CORPORATION, Petitioner, v. RAMONCHITO T. ALCON AND JOANN S. PAPA, Respondents.

  • G.R. No. 186223, October 01, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PHILIPPINE ASSOCIATED SMELTING AND REFINING CORPORATION, Respondent.

  • G.R. No. 191101, October 01, 2014 - SPOUSES MARIO OCAMPO AND CARMELITA F. OCAMPO, Petitioners, v. HEIRS OF BERNARDINO U. DIONISIO, REPRESENTED BY ARTEMIO SJ. DIONISIO, Respondents.

  • A.M. No. P-14-3271 [formerly OCA IPI No. 11-3640-P], October 22, 2014 - ATTY. ALAN A. TAN, Complainant, v. ELMER S. AZCUETA, PROCESS SERVER, REGIONAL TRIAL COURT, BRANCH 22, IMUS, CAVITE, Respondent.

  • G.R. No. 188066, October 22, 2014 - OFFICE OF THE OMBUDSMAN, Petitioner, v. CYNTHIA E. CABEROY, Respondent.

  • G.R. No. 192150, October 01, 2014 - FEDERICO SABAY, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 195832, October 01, 2014 - FORMERLY INC SHIPMANAGEMENT, INCORPORATED (NOW INC NAVIGATION CO. PHILIPPINES, INC.), REYNALDO M. RAMIREZ AND/OR INTERORIENT NAVIGATION CO., LTD./LIMASSOL, CYPRUS, Petitioners, v. BENJAMIN I. ROSALES, Respondent.

  • G.R. No. 191034, October 01, 2014 - AGILE MARITIME RESOURCES INC., ATTY. IMELDA LIM BARCELONA AND PRONAV SHIP MANAGEMENT, INC., Petitioners, v. APOLINARIO N. SIADOR, Respondent.

  • A.M. NO. P-09-2691 (FORMERLY A.M. OCA IPI NO. 09-3040-P), October 13, 2014 - IRENEO GARCIA, RECORDS OFFICER I, METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY, Complainant, v. CLERK OF COURT IV ATTY. MONALISA A. BUENCAMINO, RECORDS OFFICER II JOVITA P. FLORES AND PROCESS SERVER SALVADOR F. TORIAGA, ALL OF METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY, Respondents.; A.M. No. P-09-2687 (Formerly A.M. OCA IPI No. 09-3093-P) - EXECUTIVE JUDGE MARIAM G. BIEN, METROPOLITAN TRIAL COURT, BRANCH 53, CALOOCAN CITY, Complainant, v. IRENEO GARCIA, RECORDS OFFICER I AND SALVADOR F. TORIAGA, PROCESS SERVER, BOTH OF THE METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY, Respondents.; A.M. NO. P-14-3247 (FORMERLY A.M. OCA IPI NO. 09-3238-P) - CLERK OF COURT IV ATTY. MONALISA A. BUENCAMINO, RECORDS OFFICER II JOVITA P. FLORES, AND PROCESS SERVER SALVADOR F. TORIAGA OF THE METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY, Complainants, v. IRENEO GARCIA AND UTILITY WORKER I HONEYLEE VARGAS GATBUNTON-GUEVARRA, Respondents.

  • G.R. No. 192573, October 22, 2014 - RICARDO N. AZUELO, Petitioner, v. ZAMECO II ELECTRIC COOPERATIVE, INC., Respondent.

  • G.R. No. 192026, October 01, 2014 - AUTOMAT REALTY AND DEVELOPMENT CORPORATION, LITO CECILIA AND LEONOR LIM, Petitioners, v. SPOUSES MARCIANO DELA CRUZ, SR. AND OFELIA DELA CRUZ, Respondents.

  • A.M. No. P-14-3252 [Formerly OCA IPI No. 08-2960-P], October 14, 2014 - JUDGE JUAN GABRIEL H. ALANO, Complainant, v. PADMA L. SAHI, COURT INTERPRETER, MUNICIPAL CIRCUIT TRIAL COURT, MALUSO, BASILAN, Respondent.

  • G.R. No. 172505, October 01, 2014 - ANTONIO M. GARCIA, Petitioner, v. FERRO CHEMICALS, INC., Respondent.

  • G.R. No. 174938, October 01, 2014 - GERARDO LANUZA, JR. AND ANTONIO O. OLBES, Petitioners, v. BF CORPORATION, SHANGRI-LA PROPERTIES, INC., ALFREDO C. RAMOS, RUFO B. COLAYCO, MAXIMO G. LICAUCO III, AND BENJAMIN C. RAMOS, Respondents.

  • G.R. No. 206234, October 22, 2014 - HEIRS OF JULIO SOBREMONTE AND FELIPA LABAPIS SOBREMONTE, NAMELY, MARIA LOURDES SOBREMONTE DE NORBE, DIOSCORA SOBREMONTE DE BUSLON, NESTOR L. SOBREMONTE, AVELINA SOBREMONTE DE DELIGERO, HELEN SOBREMONTE DE CABASE, LAURA SOBREMONTE DE DAGOY AND RODULFO LABAPIS REPOLLO, ALL REPRESENTED BY AVELINA SOBREMONTE DELIGERO AS THEIR ATTORNEY-IN-FACT, Petitioners, v. COURT OF APPEALS, HONORABLE VIRGILIO REYES, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM AND FELICIANO TAPIL, MARCELO BAYNO, VICENTE BAYNO, ROMUALDO DIAPANA, HILARIO RECTA, NEMESIA RECTA, POLICARPIO RECTA, AMPARO R. DIAPANA, BASILIO SAYSON BUENAVENTURA BAYNO AND BASILIO BAFLOR, Respondent.

  • G.R. No. 163654, October 08, 2014 - BPI EXPRESS CARD CORPORATION,* Petitioner, v. MA. ANTONIA R. ARMOVIT, Respondent.

  • G.R. No. 164277, October 08, 2014 - FE U. QUIJANO, Petitioner, v. ATTY. DARYLL A. AMANTE, Respondent.

  • G.R. No. 183700, October 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PABLITO ANDAYA Y REANO, Accused-Appellant.

  • G.R. No. 169568, October 22, 2014 - ROLANDO ROBLES, REPRESENTED BY ATTY. CLARA C. ESPIRITU, Petitioner, v. FERNANDO FIDEL YAPCINCO, PATROCINIO B. YAPCINCO, MARIA CORAZON B. YAPCINCO, AND MARIA ASUNCION B. YAPCINCO-FRONDA, Respondents.

  • A.M. No. P-14-3278 [Formerly A.M. OCA IPI No. 09-3222-P], October 21, 2014 - CONCERNED CITIZENS OF NAVAL, BILIRAN, Complainants, v. FLORANTE F. RALAR, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 37, CAIBIRAN, BILIRAN, Respondent.

  • G.R. No. 200857, October 22, 2014 - FVR SKILLS AND SERVICES EXPONENTS, INC. (SKILLEX), FULGENCIO V. RANA AND MONINA R. BURGOS, Petitioners, v. JOVERT SEVA, JOSUEL V. VALENCERINA, JANET ALCAZAR, ANGELITO AMPARO, BENJAMIN ANAEN, JR., JOHN HILBERT BARBA, BONIFACIO BATANG, JR., VALERIANO BINGCO, JR., RONALD CASTRO, MARLON CONSORTE, ROLANDO CORNELIO, EDITO CULDORA, RUEL DUNCIL, MERV1N FLORES, LORD GALISIM, SOTERO GARCIA, JR., REY GONZALES, DANTE ISIP, RYAN ISMEN, JOEL JUNIO, CARLITO LATOJA, ZALDY MARRA, MICHAEL PANTANO, GLENN PILOTON, NORELDO QUIRANTE, ROEL RANCE, RENANTE ROSARIO AND LEONARDA TANAEL, Respondents.

  • A.M. No. P-09-2673 (A.M. OCA IPI No. 00-857-P), October 21, 2014 - FRUMENCIO E. PULGAR, Petitioner, v. PAUL M. RESURRECCION AND MARICAR M. EUGENIO, Respondents.

  • G.R. No. 166441, October 08, 2014 - NORBERTO CRUZ Y BARTOLOME, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 175507, October 08, 2014 - RAMON CHING AND PO WING PROPERTIES, INC., Petitioners, v. JOSEPH CHENG, JAIME CHENG, MERCEDES IGNE1 AND LUCINA SANTOS, Respondents.

  • G.R. No. 183421, October 22, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. AICHI FORGING COMPANY OF ASIA, INC., Respondent.

  • G.R. No. 208169, October 08, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDWARD ADRIANO Y SALES, Accused-Appellant.

  • G.R. No. 204964, October 15, 2014 - REMIGIO D. ESPIRITU AND NOELAGUSTIN, Petitioners, v. LUTGARDA TORRES DEL ROSARIO REPRESENTED BY SYLVIA R. ASPERILLA, Respondents.

  • G.R. No. 190021, October 22, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. BURMEISTER AND WAIN SCANDINAVIAN CONTRACTOR MINDANAO, INC., Respondent.

  • G.R. No. 173988, October 08, 2014 - FELINA ROSALDES, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 200454, October 22, 2014 - HOLY TRINITY REALTY & DEVELOPMENT CORPORATION, Petitioner, v. VICTORIO DELA CRUZ, LORENZO MANALAYSAY, RICARDO MARCELO, JR. AND LEONCIO DE GUZMAN, Respondents.

  • G.R. No. 191090, October 13, 2014 - EXTRAORDINARY DEVELOPMENT CORPORATION, Petitioner, v. HERMINIA F. SAMSON-BICO AND ELY B. FLESTADO, Respondents.

  • G.R. No. 160107, October 22, 2014 - SPOUSES JAIME SEBASTIAN AND EVANGELINE SEBASTIAN, Petitioners, v. BPI FAMILY BANK, INC., CARMELITA ITAPO AND BENJAMIN HAO, Respondents.

  • G.R. No. 187702, October 22, 2014 - SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. THE HONORABLE COURT OF APPEALS, OMICO CORPORATION, EMILIO S. TENG AND TOMMY KIN HING TIA, Respondents.; G.R. NO. 189014 - ASTRA SECURITIES CORPORATION, Petitioner, v. OMICO CORPORATION, EMILIO S. TENG AND TOMMY KIN HING TIA, Respondents.

  • G.R. No. 166414, October 22, 2014 - GODOFREDO ENRILE AND DR. FREDERICK ENRILE, Petitioners, v. HON. DANILO A. MANALASTAS (AS PRESIDING JUDGE, REGIONAL TRIAL COURT OF MALOLOS BULACAN, BR. VII), HON. ERANIO G. CEDILLO, SR., (AS PRESIDING JUDGE, MUNICIPAL TRIAL COURT OF MEYCAUAYAN, BULACAN, BR. 1) AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 187581, October 20, 2014 - PHILIPPINE BANK OF COMMUNICATIONS, Petitioner, v. BASIC POLYPRINTERS AND PACKAGING CORPORATION, Respondent.

  • G.R. No. 197442, October 22, 2014 - MAJESTIC FINANCE AND INVESTMENT CO., INC., Petitioner, v. JOSE D. TITO, Respondent.; CORNELIO MENDOZA AND PAULINA CRUZ, Petitioners-Intervenors, v. JOSE NAZAL AND ROSITA NAZAL, Respondents-Intervenors.

  • G.R. No. 167225, October 22, 2014 - RADIO MINDANAO NETWORK, INC., Petitioner, v. MICHAEL MAXIMO R. AMURAO III, Respondent.

  • G.R. No. 192912, October 03, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DEMOCRITO PARAS, Accused-Appellants.

  • G.R. No. 205249, October 15, 2014 - SPOUSES BENEDICT AND SANDRA MANUEL, Petitioners, v. RAMON ONG, Respondent.

  • G.R. No. 208976, October 13, 2014 - THE HONORABLE OFFICE OF THE OMBUDSMAN, Petitioner, v. LEOVIGILDO DELOS REYES, JR. Respondent.

  • G.R. No. 207629, October 22, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARNEL VILLALBA Y DURAN AND RANDY VILLALBA Y SARCO, Accused-Appellants.

  • G.R. No. 181760, October 14, 2014 - ATTY. ANACLETO B. BUENA, JR., MNSA, IN HIS CAPACITY AS REGIONAL DIRECTOR OF REGIONAL OFFICE NO. XVI, CIVIL SERVICE COMMISSION, AUTONOMOUS REGION IN MUSLIM MINDANAO, COTABATO CITY, Petitioner, v. DR. SANGCAD D. BENITO, Respondent.

  • G.R. No. 196315, October 22, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO CATAYTAY Y SILVANO, Accused-Appellant.

  • G.R. No. 201565, October 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EX-MAYOR CARLOS ESTONILO, SR., MAYOR REINARIO “REY” ESTONILO, EDELBRANDO ESTONILO A.K.A. “EDEL ESTONILO,” EUTIQUIANO ITCOBANES A.K.A. “NONONG ITCOBANES,” NONOY ESTONILO-AT LARGE, TITING BOOC-AT LARGE, GALI ITCOBANES-AT LARGE, ORLANDO TAGALOG MATERDAM A.K.A. “NEGRO MATERDAM,” AND CALVIN DELA CRUZ A.K.A. “BULLDOG DELA CRUZ,” Accused, - EX-MAYOR CARLOS ESTONILO, SR., MAYOR REINARIO “REY” ESTONILO, EDELBRANDO ESTONILO A.K.A. “EDEL ESTONILO,” EUTIQUIANO ITCOBANES A.K.A. “NONONG ITCOBANES,” AND CALVIN DELA CRUZ A.K.A. “BULLDOG DELA CRUZ,” Accused-Appellants.

  • G.R. No. 187061, October 08, 2014 - CELERINA J. SANTOS, Petitioner, v. RICARDO T. SANTOS, Respondent.

  • G.R. No. 188801, October 15, 2014 - ROSARIO MATA CASTRO AND JOANNE BENEDICTA CHARISSIMA M. CASTRO, A.K.A. "MARIA SOCORRO M. CASTRO" AND "JAYROSE M. CASTRO," Petitioners, v. JOSE MARIA JED LEMUEL GREGORIO AND ANA MARIA REGINA GREGORIO, Respondents.

  • A.M. No. P-14-3237 [Formerly OCA IPI No. 09-3256-P], October 21, 2014 - JEAN PAUL V. GILLERA, SUZETTE P. GILLERA, ATTY. JILLINA M. GERODIAS, AND IBARRA BARCEBAL, Complainants, v. MARIA CONSUELO JOIE A. LEONEN, AND FAJARDO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 93, SAN PEDRO, LAGUNA, Respondent.

  • G.R. No. 177332, October 01, 2014 - NATIONAL POWER CORPORATION, Petitioner, v. CITY OF CABANATUAN, REPRESENTED BY ITS CITY MAYOR, HON. HONORATO PEREZ, Respondents.

  • G.R. No. 188487, October 22, 2014 - VAN D. LUSPO, Petitioner, v, PEOPLE OF THE PHILIPPINES, Respondent.; G.R. No. 188541 - SUPT. ARTURO H. MONTANO AND MARGARITA B. TUGAOEN, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. No. 188556 - C/INSP. SALVADOR C. DURAN, SR., Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 203254, October 08, 2014 - DR. JOY MARGATE LEE, Petitioner, v. P/SUPT. NERI A. ILAGAN, Respondent.

  • G.R. No. 164686, October 22, 2014 - FOREST HILLS GOLF AND COUNTRY CLUB, INC., Petitioner, v. GARDPRO, INC., Respondent.

  • G.R. No. 173548, October 15, 2014 - ONOFRE ANDRES, SUBSTITUTED BY HIS HEIRS, NAMELY: FERDINAND, ROSALINA, ERIBERTO, FROILAN, MA. CLEOFE, NELSON, GERMAN, GLORIA, ALEXANDER, MAY, ABRAHAM, AND AFRICA, ALL SURNAMED ANDRES, Petitioners, v. PHILIPPINE NATIONAL BANK, Respondents.

  • G.R. Nos. 176935-36, October 20, 2014 - ZAMBALES II ELECTRIC COOPERATIVE, INC. (ZAMECO II) BOARD OF DIRECTORS, NAMELY, JOSE S. DOMINGUEZ (PRESIDENT), ISAIAS Q. VIDUA (VICE-PRESIDENT), VICENTE M . BARRETO (SECRETARY), JOSE M. SANTIAGO (TREASURER), JOSE NASERIV C. DOLOJAN, JUAN D. FERNANDEZ AND HONORIO L. DILAG, JR. (MEMBERS), Petitioners, v. CASTILLEJOS CONSUMERS ASSOCIATION, INC. (CASCONA), REPRESENTED BY DOMINADOR GALLARDO, DAVID ESPOSO, CRISTITA DORADO, EDWIN CORPUZ, E. ROGER DOROPAN, JOSEFINA RAMIREZ, FERNANDO BOGNOT, JR., CARMELITA DE GUZMAN, MAXIMO DE LOS SANTOS, AURELIO FASTIDIO, BUENAVENTURA CELIS, ROBERTO LADRILLO, CORAZON ACAYAN, CARLITO CARREON, EDUARDO GARCIA, MARCIAL VILORIA, FILETO DE LEON AND MANUEL LEANDER, Respondents; ZAMBALES II ELECTRIC COOPERATIVE, INC. (ZAMECO II) BOARD OF DIRECTORS, JOSE S. DOMINGUEZ (PRESIDENT), ISAIAS Q. VIDUA (VICE-PRESIDENT), VICENTE M . BARRETO (SECRETARY), JOSE M. SANTIAGO (TREASURER), JOSE NASERIV C. DOLOJAN, JUAN D. FERNANDEZ AND HONORIO L. DILAG, JR. (MEMBERS), Petitioners, v. NATIONAL ELECTRIFICATION ADMINISTRATION (NEA) NEA-OFFICE OF THE ADMINISRATIVE COMMITTEE, ENGR. PAULINO T. LOPEZ AND CASTILLEJOS CONSUMERS ASSOCIATION, INC. (CASCONA), Respondents.

  •  





     
     

    A.M. No. P-14-3237 [Formerly OCA IPI No. 09-3256-P], October 21, 2014 - JEAN PAUL V. GILLERA, SUZETTE P. GILLERA, ATTY. JILLINA M. GERODIAS, AND IBARRA BARCEBAL, Complainants, v. MARIA CONSUELO JOIE A. LEONEN, AND FAJARDO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 93, SAN PEDRO, LAGUNA, Respondent.

      A.M. No. P-14-3237 [Formerly OCA IPI No. 09-3256-P], October 21, 2014 - JEAN PAUL V. GILLERA, SUZETTE P. GILLERA, ATTY. JILLINA M. GERODIAS, AND IBARRA BARCEBAL, Complainants, v. MARIA CONSUELO JOIE A. LEONEN, AND FAJARDO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 93, SAN PEDRO, LAGUNA, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    A.M. No. P-14-3237 [Formerly OCA IPI No. 09-3256-P], October 21, 2014

    JEAN PAUL V. GILLERA, SUZETTE P. GILLERA, ATTY. JILLINA M. GERODIAS, AND IBARRA BARCEBAL, Complainants, v. MARIA CONSUELO JOIE A. LEONEN, AND FAJARDO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 93, SAN PEDRO, LAGUNA, Respondent.

    R E S O L U T I O N

    PER CURIAM:

    An administrative complaint1 was filed before the Office of the Court Administrator against Maria Consuelo Joie A. Fajardo, the Court Sheriff of Regional Trial Court, Branch 93, San Pedro, Laguna. Complainants alleged that respondent committed conduct unbecoming a court officer by her (a) non-payment of house rental fees; (b) issuance of bouncing checks; (c) falsification of a deed of absolute sale and Official Receipt No. 8010; (d) harassment; and (e) ill-gotten wealth.2chanrobleslaw

    On July 6, 2011, this court resolved to refer the complaint to the Executive Judge of the Regional Trial Court in San Pedro, Laguna, for "investigation, report and recommendation."3 The report4 summarized the facts as follows.

    Complainants Spouses Jean Paul and Suzette Gillera (Spouses Gillera) alleged that they were the former owners of a house and lot in Binan, Laguna. On September 15, 2007 when they still owned the house and lot, they leased it to respondent Maria Consuelo Joie A. Fajardo (Fajardo) for PI4,000.00 per month.5chanrobleslaw

    Fajardo issued three (3) post-dated checks for the November 2007, December 2007, and January 2008 rentals. The bank, Banco de Oro (BDO), dishonored the first two checks for being drawn against a closed account. Fajardo ignored demands to replace the checks and failed to pay the rentals.6chanrobleslaw

    Meanwhile, the Spouses Gillera incurred debts to MMG Construction and Development Corporation (MMG), a family corporation owned by complainant Atty. Jillina M. Gerodias. The Spouses Gillera were then leasing MMG's warehouse in San Pedro, Laguna.7chanrobleslaw

    In order to pay their debts, the Spouses Gillera designated Hercules Financing Corporation (HFC), another Gerodias-owned company, to sell their house and lot occupied by Fajardo and apply the proceeds to their debt with MMG. The Spouses Gillera signed a blank deed of absolute sale that HFC could complete upon consummation of the sale.8chanrobleslaw

    Fajardo offered to buy the house and lot from HFC on the condition that the mortgage with BDO over the house and lot should first be discharged. HFC paid the Spouses Gillera's loan with BDO to release the mortgage.9chanrobleslaw

    In February 2009, Fajardo and HFC agreed on the sale of the house and lot for P3.1 million with F350,000.00 as earnest money and the balance to be paid after one (1) month. HFC gave Fajardo a photocopy of the blank deed of absolute sale signed by the Spouses Gillera as proof of its authority to sell the house and lot.10chanrobleslaw

    Fajardo failed to pay the balance when it fell due on March 27, 2009. After seeking extensions, she issued HFC three (3) post-dated checks for P35,000.00, P77,000.00 and P2,750,000.00.11chanrobleslaw

    The checks bounced. The check for P35,000.00 was replaced, but the other two remained unpaid despite demand. HFC gave Fajardo until August 31, 2009 to pay the balance plus 1% per month interest and other fees; otherwise, HFC would sell the property to another.12chanrobleslaw

    On September 1, 2009, HFC employee Victor Romero called Fajardo to collect payment. ' It was then that Fajardo claimed having paid the entire balance of P2,774,478.67 in cash on August 29, 2009 to complainant Ibarra Barcebal, HFC's general manager. Fajardo claimed that she was issued Official Receipt No. 8010 and given the deed of absolute sale signed by the Spouses Gillera as sellers and Fajardo's mother as buyer.13chanrobleslaw

    Fajardo continued to occupy the property without paying rent, prompting the Spouses Gillera to file for unlawful detainer in September 2009. The Municipal Trial Court, affirmed by the Regional Trial Court, ordered Fajardo's eviction and payment of rentals in arrears from November 2007 that had accumulated to P322,000.00. Fajardo was evicted on September 21, 2011, but the rentals in arrears remain unpaid.14chanrobleslaw

    The Spouses Gillera also filed charges against Fajardo for two counts of violation of Batas Pambansa Big. 22, and this administrative complaint praying for Fajardo's dismissal from the service.15chanrobleslaw

    This administrative complaint also includes allegations of harassment and ill-gotten wealth against respondent. Complainants question respondent's capacity to purchase a P3.1 million property in cash and a Ford 150 truck with her salary as Sheriff IV. They also claim receiving threats in their homes from unidentified men in the middle of the night, as well as bomb threats to their office from unknown mobile numbers.16chanrobleslaw

    In her defense, respondent admitted to closing her bank account so that complainants Spouses Gillera would not be able to encash the two checks. Respondent explained that complainants Spouses Gillera refused to offset her expenses for repairs and improvements on the leased property with rentals due despite .having such an agreement with complainants Spouses Gillera.17chanrobleslaw

    Respondent also admitted that she stopped paying rentals by November'2007. She claimed having a verbal agreement with complainant Suzette Gillera who allegedly agreed to write off rentals if respondent buys the house and lot.18chanrobleslaw

    Respondent then claimed that her mother — deriving income from pensions from the Government Service Insurance System, Social Security System, Philippine/US Veterans Organization, and the Australian government — bought the house and lot on August 29, 2009. Respondent allegedly paid complainant and HFC's general manager Ibarra Barcebal the P2,774,478.67 balance in cash when complainant Ibarra Barcebal came to the leased house on said date.19chanrobleslaw

    Respondent explained that payment was made in P1,000.00 denominations, "placed in a large sando bag about the size of the Supreme Court issued courtroom calendar (24x36 inches)."20 Respondent mentioned that she did not know how her mother accumulated the money, if her mother withdrew the money from the bank, or if the money was just kept in the house.21chanrobleslaw

    According to respondent, complainant Ibarra Barcebal issued Official Receipt No. 8010 and the deed of absolute sale after receiving the cash, payment. Respondent failed to produce the original copy of the deed of absolute sale and the owner's duplicate copy of the property's title.22chanrobleslaw

    In the report and recommendation23 of Executive Judge Sonia T. Yu-Casano dated December 17, 2012, she recommended that "[t]he complaint for harassment and ill-gotten wealth be DISMISSED for paucity of evidence[,] [r]espondent be held administratively liable for violation of the bouncing checks law, for falsification and for gross dishonesty[,] [and] respondent be DISMISSED from the service with forfeiture of retirement benefits except accrued leave credits, and perpetual disqualification for reemployment in the government service."24chanrobleslaw

    On March 11, 2013, this court resolved to refer the "report and recommendation to the Office of the Court Administrator for evaluation, report and recommendation."25chanrobleslaw

    The Office of the Court Administrator agreed with the findings and recommendations of Executive Judge Sonia T. Yu-Casano,26 and recommended that respondent "be found GUILTY of dishonesty and conduct unbecoming an officer of the court and be ordered DISMISSED from the service with forfeiture of retirement benefits except accrued leave credits, and perpetual disqualification for re-employment in the government service, including government-owned and controlled corporation."27chanrobleslaw

    This court adopts the factual findings and recommendations of the Office of the Court Administrator.

    Sheriffs, our front-line representatives,28 play a crucial role in our justice system, having the important task of executing our courts' final judgments.29 Sheriffs must conduct themselves with integrity at all times as "once he[/she] loses the people's trust, he[/she] diminishes the people's faith in the judiciary."30 Respondent's acts failed to meet the high standards of conduct expected from the position held.

    Respondent only paid one (1) monthly rental during the entire three (3) years she occupied the house and lot.31 She anchored her non-payment on an alleged agreement with complainant.Suzette Gillera that rental arrears would be written off if respondent buys the house and lot, and her contention that her mother did buy the house and lot.

    Both Executive Judge Sonia T. Yu-Casano and the Office of the Court Administrator found that no agreement materialized.32 In fact, the court in the ejectment case found respondent liable for rental arrears.33 Thus, respondent's continuous refusal to pay a just debt amounts to "conduct unbecoming of a public employee."34chanrobleslaw

    Worse, respondent testified during investigation that her mother had bought the house and lot, and respondent produced anew documents already rejected by the ejectment court.35chanrobleslaw

    Both Executive Judge Sonia T. Yu-Casano and the Office of the Court Administrator found that respondent presented a falsified Official Receipt No. 8010 and passed off a deed of absolute sale copy, bearing her mother's signature, to serve as a faithful reproduction of a nonexistent original document.36 Executive Judge Sonia T. Yu-Casano found as follows:
    There is overwhelming evidence that original copies of the documents presented by respondent were inexistent, or if they exist, were mere forgeries. Respondent in the ejectment suit filed against her was asked to produce the original copies of the Deed of Absolute Sale and the official receipt she presented there as proof-of the consummation of the sale of the property between her mother and Hercules but she was unable to do so. Hence, the presumption that the original copy of the Deed of Absolute Sale is inexistent or manufactured arises. During the investigation of this case, respondent presented what she referred to as an original copy of the Deed of Absolute Sale bearing the original signature of her mother. But the signatures of the vendors were mere photocopies. Confronted with this fact, she committed to present the copy bearing the original signatures of the vendor but was unable to do so. It is therefore evident that respondent merely filled up her mother's name on the photocopy of the blank Deed of Absolute Sale furnished to her by Hercules at the beginning of their transaction.

    The evidence presented by the complainant also proves that O.R. No. 8010 is a forgery. Comparing the signatures of Barcebal in the affidavits and O.R. No. 7092 (which respondent admitted as bearing the true and authentic signature of Barcebal) as against the signature appearing on O.R. No. 8010, one can immediately discern the difference. Aside from the marked difference in the signatures of Barcebal on the two receipts, the printed words on the two receipts themselves were different in sizes and dimensions. Aside from this, the complainants were able to show that O.R. No. 8010 is a series belonging to an unused and unissued booklet of receipts. In other words, O.R. No. 8010 was never issued by Hercules to the respondent. Besides, respondents claim that the balance of P2,774,478.67 was picked up by Barcebal in cash in her residence on board a tricycle is utterly incredible. In this age of modern bank credit transactions and considering the worsening peace and order situation, no businessman in his right sense would take the risk of picking up in a client's house cash in such huge amounts on board a tricycle. Finally, if indeed there had been full payment, the title over the property should have also been delivered to the respondent. Considering the good sense the respondent had demonstrated when in dealing with Hercules she immediately imposed that the property be released from all liens and charges before she agreed to buy it, it is hard to imagine the same buyer paying in full the purchase price of P3,100,000.00 without receiving simultaneously the owner's duplicate copy of the title to the property she had paid for.37
    The Office of the Court Administrator found that respondent "debased the judicial process by introducing . in evidence a falsified document, committing perjury and giving false testimony in an effort to obtain unfairly a favorable judgment for herself."38chanrobleslaw

    The blatant disregard of the rules in an effort to mislead and deceive the court in its investigation reflects respondent's "incorrigible and unrepentant conduct."39chanrobleslaw

    Respondent also issued bouncing checks, having been drawn against closed accounts. She failed to substantiate her claim that complainants Spouses Gillera agreed to offset her expenses for improvements with rental arrears. On the other hand, respondent's bank account had been closed when complainants Spouses Gillera deposited the checks on January 23, 2008, and yet on July 19, 2009, respondent issued another check for complainants Spouses Gillera drawn from the same account.40chanrobleslaw

    Such fraudulent behavior compounds respondent's acts of presenting forged documents and making untruthful testimony, all in all depicting her as "lack[ing] [in] personal honesty and good'moral character [that] render her unworthy of public confidence."41chanrobleslaw

    Dishonesty refers to "intentionally making a false statement on any material fact."42 Dishonesty involves "a disposition to lie, cheat, deceive or defraud; untrustworthiness; lack of integrity, lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray."43chanrobleslaw

    The rules44 consider dishonesty as a grave offense such that the first offense merits dismissal from the service45 and carries with it "cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for reemployment in the government service, unless otherwise provided in the decision."46 Dishonesty need not be committed in the performance of official duty as to warrant the penalty of dismissal:
    And the rule is that dishonesty, in order to warrant dismissal, need not be committed in the course of the performance of duty by the person charged. The rationale for the rule is that if a government officer or employee is dishonest or is guilty of oppression or grave misconduct, even if said defects of character are not connected with his office, they affect his right to continue in office. The Government cannot tolerate in its service a dishonest official, even if he performs his duties correctly and well, because by reason of his government position, he is given more and ample opportunity to commit acts of dishonesty against his fellow men, even against offices and entities of the government other than the office where he is employed; and by reason of his office, he enjoys and possesses a certain influence and power which renders the victims of his grave misconduct, oppression and dishonesty less disposed and prepared to resist and to counteract his evil acts and actuations. The private life of an employee cannot be segregated from his public life. Dishonesty inevitably reflects on the fitness of the officer or employee to continue in office and the discipline and morale of the service.47
    This court has emphasized that "[c]ourt employees should be models of uprightness, fairness and honesty to maintain the people's respect and faith in the judiciary."48 Consequently their conduct "must not only be, but must also be perceived to be, free from any whiff of impropriety, both with respect to their duties in the judiciary and to their behavior outside the court."49 This court will not tolerate acts or omissions "diminishing or tending to diminish public trust and confidence in the courts."50chanrobleslaw

    WHEREFORE, this court finds respondent Maria Consuelo Joie A. Fajardo GUILTY of dishonesty and conduct unbecoming an officer of the court. She is DISMISSED from the service, with forfeiture of retirement benefits except accrued leave credits, and perpetual disqualification for re-employment in the government service, including in government-owned or controlled corporations.

    SO ORDERED.cralawlawlibrary

    Sereno, C. J., Carpio, Leonardo-De Castro, Brion, Peralta, Bersamin, Villarama, Jr., Perez, Mendoza, Reyes, Perlas-Bernabe, Leonen, and Jardeleza, JJ., concur.
    Velasco, Jr., and Del Castillo, JJ., on official leave.

    Endnotes:


    1Rollo, pp. 1-3. The complaint dated September 16, 2009 was filed with the Office of the Court Administrator on September 24, 2009.

    2 Id. at 1-2 and 763.

    3 Id. at 102.

    4 Id. at 763-774.

    5 Id. at 764.

    6 Id.

    7 Id.

    8 Id. at 764-765.

    9 Id. at 765.

    10 Id.

    11 Id.

    12 Id.

    13 Id. at 765-766.

    14 Id. at 766.

    15 Id.

    16 Id. at 2.

    17 Id. at 767.

    18 Id.

    19 Id.

    20 Id.

    21 Id.

    22 Id. at 768.

    23 Id. at 763-774.

    24 Id.

    25 Id. at 789-790.

    26 Id. at 793-800.

    27 Id. at 800.

    28Lopez v. Ramos, 500 Phil. 408, 417 (2005) [Per J. Tinga, Second Division].

    29Go v. Hortaleza, 578 Phil. 377, 382 (2008) [Per J. Leonardo-De Castro, First Division].

    30Lopez v. Ramos, 500 P,hil. 408, 417 (2005) [Per J. Tinga, Second Division], citing Visitacion, Jr. v. Ediza, 414 Phil. 699, 703 (2001) [Per J. Melo, Third Division]; Go v. Hortaleza, 578 Phil. 377, 386 (2008) [Per J. Leonardo-De Castro, First Division].

    31Rollo, p. 796.

    32 Id. at 768 and 796.

    33 Id.

    34Adtani v. Manio, 555 Phil. 211,214 (2007) [Per J. Tinga, Second Division], citing Martinez v. Muñoz, 319 Phil. 82, 91 (1995) [Per J. Davide, Jr., First Division].

    35Rollo, pp. 769 and 796.

    36 Id. at 770 and 797.

    37 Id. at 770-771.

    38 Id. at 800.

    39 Id. at 769 and 796.

    40 Id. at 769 and 797.

    41 Id. at 770 and 797.

    42Villordon v. Avila, A.M. No. P-10-2809, August 10, 2012, 678 SCRA 247, 255 [Per Curiam, En Banc], citing Aldecoa-Delorino v. Remigio-Versoza, 616 Phil. 8-12, 824 (2009) [Per Curiam, En Banc].

    43 Id., citing Retired Employee, Municipal Trial Court, Sibonga, Cebu v. Manubag, A.M. No. P-10-2833, December 14,2010,638 SCRA 86, 91 [Per Curiam, En Banc].

    44 CSC Memorandum Circular No. 19 (1999), otherwise known as the "Uniform Rules on Administrative Cases in the Civil Service."

    45 CSC Memorandum Circular No. 19 (1999), Rule IV, sec. 52(A)(1).

    46 CSC Memorandum Circular No. 19 (1999), Rule IV, sec. 58(a).

    47Remolona v. Civil Service Commission, 414 Phil. 590, 600-601 (2001) [Per J. Puno, En Banc].

    48Romero v. Villarosa, Jr., A.M. No. P-11-2913, April 12, 2011, 648 SCRA 32, 45 [Per Curiam, En Banc].

    49 Id.

    50 Id., citing Office of the Court Administrator v. Lopez, A.M. No. P-10-2788, January 18, 2011, 639 SCRA 633, 639 [Per Curiam, En Banc].

    A.M. No. P-14-3237 [Formerly OCA IPI No. 09-3256-P], October 21, 2014 - JEAN PAUL V. GILLERA, SUZETTE P. GILLERA, ATTY. JILLINA M. GERODIAS, AND IBARRA BARCEBAL, Complainants, v. MARIA CONSUELO JOIE A. LEONEN, AND FAJARDO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 93, SAN PEDRO, LAGUNA, Respondent.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED