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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-2015 Jurisprudence                 

  • G.R. No. 197709, August 03, 2015 - JOSE YULO AGRICULTURAL CORPORATION, Petitioner, v. SPOUSES PERLA CABAYLO DAVIS AND SCOTT DAVIS, Respondents.

  • G.R. No. 200969, August 03, 2015 - CONSOLACION D. ROMERO AND ROSARIO S.D. DOMINGO, Petitioners, v. ENGRACIA D. SINGSON, Respondent.

  • G.R. No. 213847, August 18, 2015 - JUAN PONCE ENRILE, Petitioner, v. SANDIGANBAYAN (THIRD DIVISION), AND PEOPLE OF THE PHILIPPINES, Respondents.

  • A.C. No. 8708 (CBD Case No. 08-2192), August 12, 2015 - SPOUSES BYRON AND MARIA LUISA SAUNDERS, Complainants, v. ATTY. LYSSA GRACE S. PAGANO-CALDE, Respondent.

  • G.R. No. 177803, August 03, 2015 - SPOUSES EMILIANO L. JALBAY, SR. AND MAMERTA C. JALBAY, Petitioners, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G.R. No. 201365, August 03, 2015 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANUELA FLORES Y SALAZAR @ WELLA Accused-Appellant.

  • G.R. No. 198908, August 03, 2015 - VIRGINIA OCAMPO, Petitioner, v. DEOGRACIO OCAMPO, Respondent.

  • G.R. No. 195175, August 10, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TOLEDO POWER COMPANY, Respondent.; G.R. NO. 199645 - TOLEDO POWER COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 213233, August 05, 2015 - BLISS DEVELOPMENT CORP./HOME GUARANTY CORPORATION, Petitioner, v. MONTANO DIAZ, DOMINGO TAPAY, AND EDGAR H. ARREZA, Respondents.

  • G.R. No. 197953, August 05, 2015 - PEOPLE OF THE PHILIPPINES, Petitioner, v. SANDIGANBAYAN (2ND DIVISION), QUINTIN SALUDAGA Y BORDEOS, ARTHUS ADRIATICO Y ERUDA AND ROMEO DE LUNA, Respondents.

  • G.R. No. 187524, August 05, 2015 - SPOUSES MARIA BUTIONG AND FRANCISCO VILLAFRIA, SUBSTITUTED BY DR. RUEL B. VILLAFRIA, Petitioners, v. MA. GRACIA RIŅOZA PLAZO AND MA. FE RIŅOZA ALARAS, Respondents.

  • G.R. No. 209447, August 11, 2015 - PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), Petitioner, v. HON. WINLOVE M. DUMAYAS, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 59, MAKATI CITY AND UNITED COCONUT PLANTERS BANK (UCPB), Respondents.; G.R. NO. 210901 - PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), Petitioner, v. HON. WINLOVE M. DUMAYAS, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 59, MAKATI CITY AND UNITED COCONUT PLANTERS LIFE ASSURANCE CORPORATION (COCOLIFE), Respondents.

  • G.R. No. 188739, August 05, 2015 - BENJAMIN E. RAVAGO, Petitioner, v. METROPOLITAN BANK & TRUST COMPANY, SUBSTITUTED BY BRIGHT VENTURES REALTY, INC., Respondents.

  • G.R. No. 215714, August 12, 2015 - OF THE PHILIPPINES, Plaintiff-Appellee, v. EFREN BASAL CAYAS, Accused-Appellant.

  • A.M. No. 11238-Ret., August 18, 2015 - IN RE: EXPIRATION OF FIXED TERM OF OFFICE OF ATTY. SAADUDDIN A. ALAUYA, OFFICE OF THE JURISCONSULT, ZAMBOANGA CITY

  • G.R. No. 167838, August 05, 2015 - JOSE V. TOLEDO, GLENN PADIERNOS AND DANILO PADIERNOS, Petitioner, v. COURT OF APPEALS, LOURDES RAMOS, ENRIQUE RAMOS, ANTONIO RAMOS, MILAGROS RAMOS AND ANGELITA RAMOS AS HEIRS OF SOCORRO RAMOS, GUILLERMO PABLO, PRIMITIVA CRUZ AND A.R.C. MARKETING CORPORATION, REPRESENTED BY ITS PRESIDENT, ALBERTO C. DY, Respondents.

  • A.C. No. 10635, August 26, 2015 - NOEL S. SORREDA, Complainant, v. ATTY. DAVID L. KHO, Respondent.

  • A.M. No. P-14-3253, August 19, 2015 - NICETAS TANIEZA-CALAYOAN, Complainant, v. ELMER JERRY C. CALAYOAN, PROCESS SERVER, REGIONAL TRIAL COURT, BRANCH 2, BANGUED, ABRA, Respondent.

  • A.C. No. 8084, August 24, 2015 - PATROCINIA H. SALABAO, Complainant, v. ATTY. ANDRES C. VILLARUEL, JR., Respondent.

  • A.C. No. 9834, August 26, 2015 - SAMUEL B. ARNADO, Complainant, v. ATTY. HOMOBONO A. ADAZA, Respondent.

  • A.C. No. 7314, August 25, 2015 - MARY ANN T. FLORES, Complainant, v. ATTY. JOVENCIO LL. MAYOR, JR., Respondent.

  • A.M. No. CA-12-26-P, August 17, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ANA MARIE ABARENTOS, RECORDS OFFICER IV, COURT OF APPEALS, CEBU CITY, Respondent.

  • G.R. No. 206220, August 19, 2015 - LUIS UY, SUBSTITUTED BY LYDIA UY VELASQUEZ AND SHIRLEY UY MACARAIG, Petitioner, v. SPOUSES JOSE LACSAMANA AND ROSAURA* MENDOZA, SUBSTITUTED BY CORAZON BUENA, Respondents.

  • G.R. No. 214865, August 19, 2015 - ROSVEE C. CELESTIAL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 201822, August 12, 2015 - MARINA PORT SERVICES, INC., Petitioner, v. AMERICAN HOME ASSURANCE CORPORATION, Respondent.

  • G.R. No. 202967, August 05, 2015 - ALICIA Y. LAUREL, SUBSTITUTED BY HER SOLE HEIR AND LEGAL REPRESENTATIVE JUAN MIGUEL Y. LAUREL, Petitioner, v. FERDINAND M. VARDELEON, Respondent.

  • G.R. No. 183869, August 03, 2015 - LEONARDO L. VILLALON, Petitioner, v. RENATO E. LIRIO, Respondent.

  • G.R. No. 179751, August 05, 2015 - HERMINIA L. MENDOZA, IN HER CAPACITY AS OIC OF THE REGISTER OF DEEDS OF LUCENA CITY, Petitioner, v. SPOUSES ARMANDO AND ANGELA GARANA AND FAR EAST BANK & TRUST CO., INC., Respondents.

  • G.R. No. 208320, August 19, 2015 - GRACE DAVID Y CESAR, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 174542, August 03, 2015 - KAREN GO, Petitioner, v. LAMBERTO ECHAVEZ, Respondent.

  • G.R. No. 196875, August 19, 2015 - TEDDY MARAVILLA, Petitioner, v. JOSEPH RIOS, Respondent.

  • G.R. No. 205113, August 26, 2015 - HONORLITA ASCANO-CUPINO AND FLAVIANA ASCANO-COLOCADO, Petitioners, v. PACIFIC REHOUSE CORPORATION, Respondent.

  • G.R. No. 205823, August 17, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. REGIE BREIS Y ALVARADO AND GARY YUMOL Y TUAZON,* Appellants.

  • G.R. No. 198643, August 19, 2015 - MARSMAN & COMPANY AND QUIRINO R. ILEDAN, Petitioners, v. ARTEMIO M. LIGO, Respondent.

  • G.R. No. 214054, August 05, 2015 - NG MENG TAM, Petitioner, v. CHINA BANKING CORPORATION, Respondent.

  • A.M. No. P-11-2982 (Formerly O.C.A. IPI No. 08-2913-P), August 17, 2015 - FORMER JUDGE FERNANDO VIL PAMINTUAN, Complainant, v. SALVADOR G. COMUYOG, JR., CLERK III, Respondent.

  • G.R. No. 187882, August 24, 2015 - PHILIPPINE NATIONAL BANK, Petitioner, v. SPOUSES HIPPOCRATES AND MELANIE PIMENTEL, Respondents.

  • G.R. No. 190984, August 19, 2015 - ACOMARIT ACOMARIT LIMITED, PHILS., AND/OR HONGKONG, Petitioners, v. GOMER L. DOTIMAS, Respondent.

  • G.R. No. 170706, August 26, 2015 - PRUDENCIO CARANTO, Petitioner, v. BERGESEN D.Y. PHILS. AND/OR BERGESEN D.Y. A.S.A., Respondents.

  • G.R. No. 194617, August 05, 2015 - LA TONDEŅA, INC., Petitioner, v. REPUBLIC OF THE PHILIPPINES Respondent.

  • G.R. No. 206612, August 17, 2015 - TOYOTA ALABANG, INC., Petitioner, v. EDWIN GAMES, Respondent.

  • G.R. No. 203142, August 26, 2015 - THE PHILIPPINE PORTS AUTHORITY (PPA), Petitioner, v. COALITION OF PPA OFFICERS AND EMPLOYEES, REPRESENTED BY HECTOR E. MIOLE, ET AL., Respondents.

  • G.R. No. 182157, August 17, 2015 - ANLUD METAL RECYCLING CORPORATION, AS REPRESENTED BY ALFREDO A. DY, Petitioner, v. JOAQUIN ANG, Respondent.

  • A.C. No. 5161, August 25, 2015 - RE: IN THE MATTER OF THE PETITION FOR REINSTATEMENT OF ROLANDO S. TORRES AS A MEMBER OF THE PHILIPPINE BAR.

  • G.R. Nos. 191370-71, August 10, 2015 - RODOLFO BASILONIA, LEODEGARIO CATALAN AND JOHN BASILONIA, Petitioners, v. HON. DELANO F. VLLLARUZ, ACTING IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, ROXAS CITY, BRANCH 16, AND DIXON ROBLETE, Respondents.

  • G.R. No. 165146, August 12, 2015 - SECURITIES AND EXCHANGE COMMISSION AND VERNETTE G. UMALI, Petitioners, v. BAGUIO COUNTRY CLUB CORPORATION, Respondent.; G.R. N0. 165209 - RAMON K. ILUSORIO AND ERLINDA K. ILUSORIO, Petitioners, v. BAGUIO COUNTRY CLUB CORPORATION, Respondent.

  • G.R. No. 203066, August 05, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODELIO LLOBERA Y OFIZA, Accused-Appellant.

  • G.R. No. 190892, August 17, 2015 - VICENTE H. MANULAT, JR., Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 183370, August 17, 2015 - NATION PETROLEUM GAS, INCORPORATED, NENA ANG, MARIO ANG, ALISON A. SY, GUILLERMO G. SY, NELSON ANG, LUISA ANG, RENATO C. ANG, PAULINE T. ANG, RICKY C. ANG,1 AND MELINDA ANG, Petitioners, v. RIZAL COMMERCIAL BANKING CORPORATION, SUBSTITUTED BY PHILIPPINE ASSET GROWTH ONE, INC., Respondent.

  • G.R. No. 213455, August 11, 2015 - JUAN PONCE ENRILE, Petitioner, v. PEOPLE OF THE PHILIPPINES, HON. AMPARO M. CABOTAJE-TANG, HON. SAMUEL R. MARTIRES, AND HON. ALEX L. QUIROZ OF THE THIRD DIVISION OF THE SANDIGANBAYAN, Respondents.

  • G.R. No. 201405, August 24, 2015 - LIWAYWAY ANDRES, RONNIE ANDRES, AND PABLO B. FRANCISCO, Petitioners, v. STA. LUCIA REALTY & DEVELOPMENT, INCORPORATED, Respondent.

  • G.R. No. 153810, August 12, 2015 - WINSTON R. GARCIA, IN HIS CAPACITY AS PRESIDENT AND GENERAL MANAGER OF THE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Petitioners, v. ANGELITA TOLENTINO, EDELITO ZOLLO EDRALINDA, KATHLYN A. UMALI, VIVIAN ROSIELLE CERVANTES, EDITH MEDINA, ROMELO CABANGON, ET AL., Respondents.; G.R. NO. 167297 - MELINA I. GARCIA, CECILIA V. LAS, NIMFA PENALOSA, ROSANA R. ZEPEDA, RACHELLE L. JACOB, MARIBEL B. TENA, AND EDUVIGIS S. ANGELES (IN LIEU OF ANGELITA TOLENTINO FOR THE NATIONAL FORESTATION DEVELOPMENT OFFICE-DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, ET AL.), Petitioners, v. WINSTON GARCIA, ET AL., Respondents.

  • G.R. No. 192943, August 12, 2015 - UNITED DUMANGAS PORT DEVELOPMENT CORPORATION, Petitioner, v. PHILIPPINE PORTS AUTHORITY, ATTY. OSMAR M. SEVILLA, GENERAL MANAGER, ATTY. FERNANDO B. CLAVERINA, PORT MANAGER, PORT MANAGEMENT OFFICER-ILOILO; AND RAUL T. SANTOS, PORT DISTRICT MANAGER, PORT DISTRICT OFFICE-VISAYAS, Respondents.

  • G.R. No. 200114, August 24, 2015 - SOCIAL SECURITY SYSTEM, Petitioner, v. DEBBIE UBAŅA, Respondent.

  • G.R. No. 177168, August 03, 2015 - NAVY OFFICERS' VILLAGE ASSOCIATION, INC. (NOVAI), Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 163598, August 12, 2015 - AGRARIAN REFORM BENEFICIARIES ASSOCIATION (ARBA), AS REPRESENTED BY ISAIAS "ACE" NICOLAS IN HIS CAPACITY AS PRESIDENT, VIOLETA BATADHAY, JESUS F. DANAO, DOMINADOR RIOSA, EVA I. FLORIDO, VIRGINIA CARIAS, WILLIAM D. DORONELA, ELSA MENGOLIO, FEDELINA AMENGYAO, REBECCA REBAMBA, MELANI CADAG, SOFRONIA SABORDO, MYRNA SANTIAGO, JOSELYNDA MANALANZAN, NORA I. REBUZANO, NATIVIDAD PLACIDO, ALGERICO L. GAEGUERA, RUBEN G. ACEBEDO, MARGIE M. VALDEZ, HELEN S. BUNI, EMELINDA FERNANDEZ, JULIETA J. AVENGONZA, VIOLETA C. ASIS, CARINA C. CABRERA, EDUARDO M. DILAY, SIMEONA V. ROLEDA, EVELYN SANTO ELEUTERIA A. NOLASCO, TERESA CRUZ, MELBA ABRENICA, BESAME VILLACORTA, ROSALINA HERNANDEZ, VERONICA DOMULOT, LUCIA SOUN, ILUMENADA RONQUILLO, REGINA LOPEZ, AMPARO GREY, HIPOLITO MANDAO, JUAN DELA VEGA, PRESCILIANA LLEMIT, LEBERETA IGNACIO, FRANCISCO VALDEMOR, Petitioners, v. FIL-ESTATE INC., PROPERTIES, Respondent.; G.R. NO. 164660 - THE DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD (DARAB), AGRARIAN REFORM BENEFICIARIES, INC., ET AL., Petitioners, v. KINGSVILLE CONSTRUCTION AND DEVELOPMENT CORP. AND JOHNSON ONG, Respondents.; G.R. NO. 164779 - AGRARIAN REFORM BENEFICIARIES ASSOCIATION (ARBA), VIOLETA BATADHAY, NATIVIDAD PLACIDO, JESUS F. DANAO, EVA I. FLORIDO, VIRGINIA CARIAS, WILLIAM D. DORONELA, ELSA MENGOLIO, ROBERTO ISIP, REBECCA REBAMBA, SOFRONIA SABORDO, MYRNA SANTIAGO, JOSELYNDA MANALANZAN, NORA I. REBUZANO, ALGERICO L. GALQUERA, RUBEN G. ACEBEDO, MARGIE M. VALDEZ, HELEN S. BUNI, JULIETA J. AVENGONZA, VIOLETA C. ASIS, CARINA C. CABRERA, EDUARDO M. DILAY, ELEUTERIA A. NOLASCO, TERESA CRUZ, MELBA ABRENICA, VERONICA DOMULOT, LUCIA SUN, ILUMENADA RONQUILLO AND PRESCILIANA LLEMIT, Petitioners, v. KINGSVILLE CONSTRUCTION AND DEVELOPMENT CORPORATION AND JOHNSONONG, Respondent.

  • G.R. No. 164974, August 05, 2015 - CHARLIE TE, Petitioner, v. HON. AUGUSTO V. BREVA, IN HIS CAPACITY AS THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, 11TH JUDICIAL REGION, BRANCH 10, DAVAO CITY; U R. BAHINTING, IN HIS CAPACITY AS SPECIAL INVESTIGATOR OF THE NATIONAL BUREAU OF INVESTIGATION, SARANGGANI DISTRICT OFFICE; AND PRYCE GASES, INC., Respondents.

  • G.R. No. 211302, August 12, 2015 - PHILIPPINE TRANSMARINE CARRIERS, INC., CARLOS C. SALINAS, AND NORWEGIAN CREW MANAGEMENT A/S, Petitioners, v. CESAR C. PELAGIO, Respondent.

  • G.R. No. 210164, August 18, 2015 - ROMMEL C. ARNADO, Petitioner, v. COMMISSION ON ELECTIONS AND FLORANTE CAPITAN, Respondents.

  • G.R. No. 211649, August 12, 2015 - AQA GLOBAL CONSTRUCTION, INC., Petitioner, v. PLANTERS DEVELOPMENT BANK, Respondent.; G.R. No. 211742 - JE-AN SUPREME BUILDERS AND SALES CORPORATION, Petitioner, v. PLANTERS DEVELOPMENT BANK, Respondent.

  • G.R. No. 203355, August 18, 2015 - LEO R. ROSALES, EDGAR SOLIS JONATHAN G. RANIOLA, LITO FELICIANO, RAYMUNDO DIDAL, JR., NESTOR SALIN, ARNULFO S. ABRIL, RUBEN FLORES, DANTE FERMA AND MELCHOR SELGA, Petitioners, v. NEW A.N.J.H. ENTERPRISES & N.H. OIL MILL CORPORATION, NOEL AWAYAN, MA. FE AWAYAN, BYRON ILAGAN, HEIDI A. ILAGAN AND AVELINO AWAYAN, Respondents.

  • A.M. No. RTJ-14-2383 (Formerly A.M. OCA I.P.I No. 05-2301-RTJ), August 17, 2015 - DR. CORAZON D. PADERANGA, DULCE P. GUIBELONDO, PATRIA P. DIAZ, CARMENCITA P. ORSENO, AND DR. AMOR P. GALON, Complainants, v. HONORABLE RUSTICO D. PADERANGA, IN HIS CAPACITY AS THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 28, IN MAMBAJAO, CAMIGUIN, Respondent.; A.M. No. RTJ-07-2033 (FORMERLY A.M. OCA I.P.I No. 06-2485-RTJ) - PATRIA PADERANGA DIAZ, Complainant, v. HON. RTC JUDGE RUSTICO D. PADERANGA, AS THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 28, IN MAMBAJAO, CAMIGUIN, Respondent.

  • G.R. No. 160924, August 05, 2015 - TERELAY INVESTMENT AND DEVELOPMENT CORPORATION, Petitioner, v. CECILIA TERESITA J. YULO, Respondent.

  • G.R. No. 213286, August 26, 2015 - MAMERTA LOPEZ CLAUDIO, EDUARDO L. CLAUDIO, ASUNCION CLAUDIO-CONTEGINO, ANA CLAUDIO-ISULAT, DOLORES CLAUDIO-MABINI, AND FERMIN L. CLAUDIO, Petitioners, v. SPOUSES FEDERICO AND NORMA SARAZA, Respondent.

  • G.R. No. 200295, August 19, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDGAR BOLO Y FRANCO, Accused-Appellant.

  • G.R. No. 209331, August 24, 2015 - DEPARTMENT OF FINANCE, REPRESENTED BY HON. CESAR V. PURISIMA IN HIS OFFICIAL CAPACITY AS SECRETARY, AND THE BUREAU OF CUSTOMS, REPRESENTED BY HON. ROZZANO RUFINO B. BIAZON, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF CUSTOMS, Petitioners, v. HON. MARINO M. DELA CRUZ, JR., IN HIS CAPACITY AS EXECUTIVE JUDGE, REGIONAL TRIAL COURT, MANILA, HON. FELICITAS O. LARON-CACANINDIN, IN HER CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT, MANILA, BRANCH 17, RONNIE C. SILVESTRE, EDWARD P. DELA CUESTA, ROGEL C. GATCHALIAN, IMELDA D.CRUZ, LILIBETH S. SANDAG, RAYMOND P. VENTURA, MA. LIZA S. TORRES, ARNEL C. ALCARAZ, MA. LOURDES V. MANGAOANG, FRANCIS AGUSTIN Y. ERPE, CARLOS T. SO, MARIETTA D. ZAMORANOS, CARMELITA M. TALUSAN,1] AREFILES H. CARREON,2] AND ROMALINO G. VALDEZ, Respondents.

  • A.C. No. 6738, August 12, 2015 - GABRIELA CORONEL, Petitioner, v. ATTY. NELSON A. CUNANAN, Respondent.

  • G.R. No. 170671, August 19, 2015 - FILADELFA T. LAUSA, LORETA T. TORRES, PRIMITIVO TUGOT AND ANACLETO T. CADUHAY, Petitioners, v. MAURICIA QUILATON, RODRIGO Q. TUGOT, PURIFICACION T. CODILLA, TEOFRA T. SADAYA, ESTRELLITA T. GALEOS AND ROSITA T. LOPEZ, Respondents.

  • G.R. No. 202322, August 19, 2015 - LIGHT RAIL TRANSIT AUTHORITY, Petitioner, v. ROMULO S. MENDOZA, FRANCISCO S. MERCADO, ROBERTO M. REYES, EDGARDO CRISTOBAL, JR., AND RODOLFO ROMAN, Respondents.

  • G.R. No. 198751, August 19, 2015 - FLOR CAŅAS-MANUEL, Petitioner, v. ANDRES D. EGANO, Respondent.

  • G.R. No. 181111, August 17, 2015 - JACKSON PADIERNOS Y QUEJADA, JACKIE ROXAS Y GERMAN AND ROLANDO MESINA Y JAVATE, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 202645, August 05, 2015 - FORTUNATO R. BARON, MANOLO B. BERSABAL, AND RECTO A. MELENDRES, Petitioners, v. EPE TRANSPORT, INC. AND/OR ERNESTO P. ENRIQUEZ, Respondents.

  • G.R. No. 211263, August 05, 2015 - OKS DESIGNTECH, INC. REPRESENTED BY ZAMBY O. PONGAD, Petitioner, v. MARY JAYNE L. CACCAM, Respondent.

  • G.R. No. 175098, August 26, 2015 - ISMAEL V. CRISOSTOMO, Petitioner, v. MARTIN P. VICTORIA, Respondent.

  • A.M. No. CA-15-33-P [Formerly OCA IPI No. 13-207-CA-P], August 24, 2015 - TERESITA R. MARIGOMEN, CLERK OF COURT, COURT OF APPEALS, MANILA, Complainant, v. RONELO G. LABAR, DRIVER, MAILING AND DELIVERY SECTION, COURT OF APPEALS, CEBU STATION, Respondent.

  • G.R. No. 168157, August 19, 2015 - HILARIO P. SORIANO, Petitioner, v. DEPUTY OMBUDSMAN FOR LUZON VICTOR C. FERNANDEZ, FLORIZA A. BRIONES, GRAFT INVESTIGATION AND PROSECUTION OFFICER II, DONNA B. PASCUAL, GRAFT INVESTIGATION AND PROSECUTION OFFICER II, AND ATTY. ADONIS C. CLEOFE, Respondents.

  • G.R. No. 200841-42, August 26, 2015 - CE LUZON GEOTHERMAL POWER COMPANY, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 171582, August 19, 2015 - ALBERTO T. LASALA, PREVIOUSLY DOING BUSINESS UNDER THE STYLE PSF SECURITY AGENCY, Petitioner, v. THE NATIONAL FOOD AUTHORITY, Respondent.

  • G.R. No. 169343, August 05, 2015 - SAN MIGUEL PROPERTIES, INC., Petitioner, v. BF HOMES, INC., Respondent.

  • G.R. No. 166102, August 05, 2015 - MANILA ELECTRIC COMPANY, Petitioner, v. THE CITY ASSESSOR AND CITY TREASURER OF LUCENA CITY, Respondents.

  • A.M. No. 99-7-01-SC, August 18, 2015 - RE: REQUEST OF RETIRED SUPREME COURT AND COURT OF APPEALS JUSTICES FOR INCREASE/ADJUSTMENT OF THEIR DECEMBER 1998 PENSIONS

  • A.M. No. RTJ-15-2439 (Formerly: OCA I.P.I. No. 12-3989-RTJ), August 26, 2015 - ARIEL "AGA" MUHLACH, Complainant, v. EXECUTIVE JUDGE MA. ANGELA ACOMPAŅADO-ARROYO, REGIONAL TRIAL COURT, SAN JOSE CITY, CAMARINES SUR, Respondent.

  • G.R. No. 169385, August 26, 2015 - TEOFILO GIANGAN, SANTOS BONTIA (DECEASED), AND LIBERATO DUMAIL (DECEASED), Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 205722, August 19, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, Petitioners, v. LEGAL HEIRS OF JOSE L. AFRICA, Respondents.

  • G.R. No. 169710, August 19, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. JOSE ALBERTO ALBA, REPRESENTED BY HIS ATTORNEY-IN-FACT, MANUEL C. BLANCO, JR., Respondent.

  • G.R. No. 162692, August 26, 2015 - NILO V. CHIPONGIAN, Petitioner, v. VICTORIA BENITEZ-LIRIO, FEODOR BENITEZ AGUILAR, AND THE COURT OF APPEALS, Respondents.

  • G.R. No. 206032, August 19, 2015 - JOSE RUDY L. BAUTISTA, Petitioner, v. ELBURG SHIPMANAGEMENT PHILIPPINES, INC., AUGUSTEA SHIPMANAGEMENT ITALY, AND/OR CAPTAIN ANTONIO S. NOMBRADO, Respondents.

  • G.R. No. 208354, August 26, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RICARDO BACUS, Accused-Appellant.

  • G.R. No. 168258, August 17, 2015 - RICARDO V. QUINTOS, Petitioner, v. DEVELOPMENT BANK OF THE PHILIPPINES AND PHILIPPINE NATIONAL BANK, Respondents.

  • G.R. No. 181111, August 17, 2015 - JACKSON PADIERNOS Y QUEJADA, JACKIE ROXAS Y GERMAN AND ROLANDO MESINA Y JAVATE, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 202645, August 05, 2015 - FORTUNATO R. BARON, MANOLO B. BERSABAL, AND RECTO A. MELENDRES, Petitioners, v. EPE TRANSPORT, INC. AND/OR ERNESTO P. ENRIQUEZ, Respondents.

  • G.R. No. 175098, August 26, 2015 - ISMAEL V. CRISOSTOMO, Petitioner, v. MARTIN P. VICTORIA, Respondent.

  • G.R. No. 211263, August 05, 2015 - OKS DESIGNTECH, INC. REPRESENTED BY ZAMBY O. PONGAD, Petitioner, v. MARY JAYNE L. CACCAM, Respondent.

  • A.M. No. CA-15-33-P [Formerly OCA IPI No. 13-207-CA-P], August 24, 2015 - TERESITA R. MARIGOMEN, CLERK OF COURT, COURT OF APPEALS, MANILA, Complainant, v. RONELO G. LABAR, DRIVER, MAILING AND DELIVERY SECTION, COURT OF APPEALS, CEBU STATION, Respondent.

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  •  





     
     

    A.C. No. 8084, August 24, 2015 - PATROCINIA H. SALABAO, Complainant, v. ATTY. ANDRES C. VILLARUEL, JR., Respondent.

      A.C. No. 8084, August 24, 2015 - PATROCINIA H. SALABAO, Complainant, v. ATTY. ANDRES C. VILLARUEL, JR., Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    A.C. No. 8084, August 24, 2015

    PATROCINIA H. SALABAO, Complainant, v. ATTY. ANDRES C. VILLARUEL, JR., Respondent.

    R E S O L U T I O N

    DEL CASTILLO, J.:

    This is a complaint for disbarment filed by Patrocinia H. Salabao (complainant) against Atty. Andres C. Villaruel, Jr. (respondent) for abuse of court processes in violation of Canons  10 and  12 of the Code of Professional Responsibility.1 After respondent filed his Answer2 we referred this case to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation.3redarclaw

    Factual Background

    The facts pertinent to this complaint are summarized in the Report and Recommendation of Investigating Commissioner Oliver A. Cachapero as follows:LawlibraryofCRAlaw

    Complainant narrates that in 1995 she filed a case against Elmer Lumberio for his deceitful or fraudulent conduct of taking her precious real property situated in Taguig City. After hearing, the Regional Trial Court (RTC), Branch 162, Pasig City issued its resolution in her favor in 2002.

    Respondent then entered the picture as counsel for Lumberio. From then on, Complainant complained that Respondent had made her suffer because of his abuse of processes and disregard for her rights as a litigant.

    She narrates as follows:LawlibraryofCRAlaw

    In 2002, the Regional Trial Court, Branch 162, Pasig City which tried Civil Case No. 65147 issued its resolution in her favor. In order to delay the case, Respondent brought the case on appeal to the Court of Appeals under CA-GR CV No. 76360. The Court of Appeals decided in her favor on January 13, 2004 but Respondent again filed an appeal before the Supreme Court under GR No. 167413. Lumberio lost and the case became final and executory.

    Undeterred, respondent tried to defer the execution of the decision of the RTC, Branch 162, by bringing to the Court of Appeals a Petition for Annulment of Judgment under CA-GR SP No. 97564. When rebuffed, he again appealed to the Supreme Court under GR No. 181243 sans a clear or new arguments other than what he had presented before the Court of Appeals.

    Still, Respondent filed a Petition for Certiorari seeking to annul the 29 November 2007 Order of the RTC before the Court of Appeals under CA-GR SP No. 101992 which was however dismissed. From hereon, there was not stopping the Respondent. Once again he filed a new complaint before the RTC of Mauban, Quezon, Branch 64 under Civil Case No. 08-0666-M. Apart from this, Respondent filed several Motion, Inhibition and Contempt that were meant to delay the resolution of the case. He likewise filed an administrative case against Judge Briccio Ygaņa of RTC Branch 153, Taguig City. Complainant then complained that Respondent had done more than enough to suppress her rights as a winning litigant and filed this case for abuse of processes pursuant to Rule 10.03 and Rule 10.02 of Canon 10 and Rule 12.04 of Canon 12 of the Code of Professional Responsibility (CPR).

    Respondent, for his part, denied the accusation and clarified that the several pleadings he had filed had centered on the legality of the court's decision ordering the cancellation of the title of Lumberio in such ordinary proceeding for cancellation of the title. To his mind, the said ordinary proceeding for cancellation of title before the RTC Branch 153, Taguig City was void because the law vests upon the government through the Solicitor General the power to initiate a reversion case if there is such a ground to cancel the title issued by the Land Management Bureau in favor of Lumberio.

    With respect to the civil case before the RTC of Ma[u]ban, Branch 64, he explained that the said case does not show that herein counsel committed any act of dishonesty which may subject him to any prosecution as he is just exercising his profession to the best of his ability.4

    In his Report and Recommendation, the Investigating Commissioner found at respondent "relentlessly filed petitions and appeals in order to exhaust all possible remedies to obtain relief for his client"5 which he considered as tantamount to "abusive and a spiteful effort to delay the execution of Judgment."6 He noted that after the Regional Trial Court (RTC) of Pasig City, Branch 162 issued a Resolution in Civil Case No. 65147 adverse to his client, respondent filed a barrage of cases/pleadings such as an appeal to the Court of Appeals (CA) which affirmed the RTC ruling, a petition for review with the Supreme Court which was denied for having been filed out of time; a petition for annulment of the RTC judgment which was dismissed by the CA; another petition for review before this Court which was again denied; a petition for certiorari which was dismissed by the CA; another civil case before the RTC of Mauban, Quezon which was dismissed for "improper venue, res judicata, and violation of the anti-forum shopping law"7 and that it involved the same issues as the one filed in Pasig RTC. Moreover, he filed several inhibitions, motions and an administrative complaint against the presiding judge. The Investigating Commissioner, stated:LawlibraryofCRAlaw

    x x x [O]ne can immediately appreciate and see the abusive and spiteful conduct of Respondent. He as a lawyer could have hardly missed knowing that his subsequent actions were merely meant to harass the opposing litigant as in fact the Supreme Court had already issued its final ruling on the matter. After the ruling of the High Court, Respondent should have known that the case had been finally adjudicated and no amount of judicial exercise could turn the decision in his client's favor. From then on, he should have saved his efforts of filing cases and motions in court, as they are futile anyway, because he has his duty to the court above that to his client.

    Needless to state, the Respondent is found herein to have violated Canon 12, Rule 12.02 and Rule 12.04 of the CPR for which he should be meted with the appropriate administrative penalty.8

    He thus recommended that respondent be meted out the penalty of suspension for four months.

    In its Resolution No. XX-2013-251 dated 20 March 2013, the IBP Board of Governors adopted and approved the findings and recommendation of the Investigating Commissioner.

    Respondent filed a Motion for Reconsideration on July 20, 2013, stating that:LawlibraryofCRAlaw

    2. x x x he had only exhausted all possible remedies available under the premises;

    x x x x

    With all candor and honesty, undersigned believes that he was only doing his legal duty as a lawyer to exhaust all legal remedies taking steps within its framework. He has not done any wrongdoing while taking such routes. He has never been dishonest;

    x x x x

    4. Respondent believes that undersigned deserves an acquittal given the fact that it was not shown that he acted in bad: faith in taking such legal remedies.

    5. Respondent cannot also be charged with abuse of judicial process because complainant has other recourse available to execute the said decision in her favor while there were petitions filed, complainant also did not allege that respondent has abused the judicial process. The courts to which the said petitions were filed also did not cite the respondent in contempt of court [nor was a warning] given.

    xx x x

    6. Moreover, respondent is now suffering from renal failure which requires him to undergo dialysis three (3) times in a week. To suspend him for four months would mean that he would stop his dialysis for four moths [sic] which may cause his immediate death. This Honorable Commission would not be too happy to see one of its members begging for alms from PCSO and government officials to shoulder his dialysis of about P100,000.00 per month.9

    In a subsequent Resolution No. XXI-2014-182 dated March 23, 2014, the IBP Board of Governors affirmed its earlier Resolution and denied respondent's Motion for Reconsideration, saying that there was no cogent reason to reverse the findings of the Commission on Bar Discipline.

    The Court's Ruling

    While it is true that lawyers owe "entire devotion" to the cause of their clients,10 it cannot be emphasized enough that their first and primary duty is "not to the client but to the administration of justice."11 Canon 12 of the Code of Professional Responsibility states that "A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice." Thus, in the use of Court processes, the lawyer's zeal to win must be tempered by the paramount consideration that justice be done to all parties involved, and the la|wyer for the losing party should not stand in the way of the execution of a valid judgment. This is a fundamental principle in legal ethics and professional responsibility that has iterations in various forms:LawlibraryofCRAlaw

    The Lawyer's Oath:LawlibraryofCRAlaw

    x x x I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients x x x (Emphasis supplied)

    Rule 138, Section 20, Rules of Court:LawlibraryofCRAlaw

    Duties of attorneys. - It is the duty of an attorney: xxxx

    (c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law;

    x x x x

    (g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; (Emphasis supplied)

    Code of Professional Responsibility:LawlibraryofCRAlaw

    Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause.

    Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

    Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.

    Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. (Emphasis supplied)

    Because a lawyer is an officer of the court called upon to assist in the administration of justice, any act of a lawyer that obstructs, perverts, or impedes the administration of justice constitutes misconduct and justifies disciplinary action against him.12redarclaw

    In this case, the judgment in favor of complainant had become final and executory by July 27, 2005. Respondent however proceeded to file no less than twelve (12) motions and cases in various courts subsequent to the Entry of Judgment:LawlibraryofCRAlaw

    Regional Trial Court of Taguig City:

    1. Urgent Motion for Reconsideration of the Order dated April 27,2006

    2. Motion to Admit Affidavit of Third-Party Claimant

    3. Motion for Early Resolution

    4. Motion to Observe Judicial Courtesy while the case is pending appeal with the Court of Appeals

    5. Urgent Motion to Defer/Suspend Execution in view of the Order of the CA

    6. Urgent Motion to Reconsider Order

    Court of Appeals:

    1. Urgent Motion for Issuance of Temporary Restraining Order with the Court of Appeals

    2. Motion for Reconsideration

    3. Petition for Certiorari

    4. Urgent Motion to Reiterate the Issuance of Order for Judicial Courtesy

    Supreme Court:

    1. Petition for Certiorari

    2. Motion for Issuance of Temporary Restraining Order

    From the nature and sheer number of motions and cases filed, it is clear that respondent's intention was to delay the execution of the final judgment.

    But even assuming for the sake of argument that respondent was only doing his duty as a lawyer to exhaust all legal remedies to protect the interest of his client, his other actions belie his claim of good faith. Respondent filed a civil case for damages with the Regional Trial Court of Mauban, Quezon in what was clearly a case of forum-shopping. Moreover, respondent filed three Motions to Inhibit against the three judges hearing these cases, and even a motion to cite the sheriff in contempt of court who was simply carrying out his duty to execute the decision.

    In his defense, respondent argued that the Courts did not call attention to his improper behavior and dilatory tactics. This is not true. In her Order inhibiting herself from the case, Judge Homena-Valencia stated:LawlibraryofCRAlaw

    This presiding judge would like to emphasize that, having assumed her position as acting presiding judge of this branch only last September 2005, she does not know any of the parties from Adam. As such, she could not be inclined to show bias in favor of one of them. She refuses, however, to be drawn into a discussion, to put it mildly, with respondent's counsel as to her knowledge of the law.

    However, to obviate any suspicion as to her objectivity, she inhibits herself from further hearing this case although the reasons stated by the defendant are not one of those provided for in the Rules for the voluntary inhibition of a judge.

    Respondent's counsel is hereby advised to be more professional in his language, he, being a lawyer, is first and foremost an officer of the court.13

    In the October 23, 2007 Decision14 of the CA in CA-G.R. SP No. 97564, respondent was rebuked for the misuse of court processes, thus:LawlibraryofCRAlaw

    This Petition for Annulment of Judgment is petitioner's last-ditch effort to defer the execution of the 31 July 2002 Decision of the Regional Trial Court of Pasig City, Branch 162, which has long attained finality.

    x x x x

    In epitome, to sustain petitioner's insinuation of extrinsic fraud is to make a mockery of Our judicial system. We take exception to the unjustified delay in the enforcement of the RTC Decision dated 31 July 2002 which has long become final and executory. This is obviously a spiteful ploy to deprive respondent of the fruits of her victory.

    WHEREFORE, the Petition for Annulment of Judgment is hereby DISMISSED.15
    Moreover, in his Omnibus Order16 dated September 18, 2008, Judge Briccio C. Ygaņa17 stated:LawlibraryofCRAlaw

    This case is a clear example of how a party, aided by a smart lawyer, could unduly delay a case, impede the execution of judgment or misuse court processes. Defendant and counsel are very lucky that the herein plaintiff has the patience of Job. Should this case reach the attention of the Supreme Court, where the whole story will be known, they will have a lot of explaining to do.18

    It is quite clear that respondent has made a mockery of the judicial process by abusing Court processes, employing dilatory tactics to frustrate the execution of a final judgment, and feigning ignorance of Ms duties as an officer of the court. He has breached his sworn duty to assist in the speedy and efficient administration of justice, and violated the Lawyer's Oath, Rules 10.03 and 12.04 of the Code of Professional Responsibility, and Rule 138, Sec. 20 (c) and (g) of the Rules of Court. In so doing, he is administratively liable for his actions.

    Rule 138, Sec. 27 of the Rules of Court provides the penalties of disbarment and suspension as follows:LawlibraryofCRAlaw

    Disbarment or suspension of attorneys by Supreme Court; grounds therefor. - A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a wilful disobedience of any lawful order of a superior court, or for corruptly or wilfully appearing as an attorney for a party to a case without authority so to do x x x.

    In previous decisions involving abuse of court processes,19 this Court has imposed the penalty of suspension ranging from six months to two years. In light of the following aggravating circumstances - multiplicity of motions and cases filed by respondent, the malice evinced by his filing of various motions to prevent the judges and sheriff from fulfilling their legal duties, feigned ignorance of his duties as an officer of the court, and his lack of remorse for his actions - the Court finds that a penalty of suspension for 18 months would be commensurate to the damage and prejudice that respondent has inflicted on complainant Salabao for his actions.

    WHEREFORE, premises considered, respondent Atty. Andres C. Villaruel, Jr. is hereby found GUILTY of violation of the Lawyer's Oath and Rules 10.03 and 12.04 of the Code of Professional Responsibility and is hereby suspended from the practice of law for a period of eighteen (18) months.

    Let copies of this Resolution be furnished the Office of the Bar Confidant and noted in Atty. Villaruel's record as a member of the Bar.

    SO ORDERED.cralawlawlibrary

    Carpio, (Chairperson), Mendoza, Leonen, and Jardeleza, JJ., concur.

    Endnotes:


    * Per Special Order No. 2147 dated August 24,2015.

    1Rollo, pp. 1-5.

    2 Id. at 81-85.

    3 Id. at 92.

    4 See Report and Recommendation, pp. 2-3, id., unpaginated.

    5 Id. at 4; id.

    6 Id.

    7 Id. at 5; id.

    8 Id.

    9Rollo, unpaginated.

    10Valencia v. Cabanting, A.C. Nos. 1302, 1391, & 1543, April 26, 1991, 196 SCRA 302, 308.

    11 Id. at 309.

    12Cantorne v. Ducusin, 57 Phil. 23, 25 (1933).

    13 See Omnibus Order of Judge Briccio C. Ygaņa dated September 18, 2008, p. 6; rollo, pp. 6-15 at 11.

    14Rollo, pp. 40-46; penned by Associate Justice Japar B. Dimaampao and concurred in by Associate Justices Portia Alino-Hormachuelos and Mario L. Guariņa III.

    15 Id. at 40-45.

    16 Id. at 6-15.

    17 Regional Trial Court of Pasig City, Branch 153.

    18Rollo, pp. 14-15.

    19 See Penticostes v. Judge Hidalgo, 268 Phil. 86 (1990); Garcia v. Francisco, A.C. No. 3923, March 30, 1993, 220 SCRA 512; Millare v. Montero, 316 Phil. 29 (1995); Afurong v. Atty. Aquino, 373 Phil. 695 (1999); Re: Administrative Case Against Atty. Occena, 433 Phil. 138 (2002); Plus Builders, Inc. v. Atty. Revilla, Jr., 533 Phil. 250 (2006).

    A.C. No. 8084, August 24, 2015 - PATROCINIA H. SALABAO, Complainant, v. ATTY. ANDRES C. VILLARUEL, JR., Respondent.


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