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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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    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. 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.

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    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.

    D E C I S I O N

    PERLAS-BERNABE, J.:

    Assailed in this petition for review on certiorari1 are the Decision2 dated March 30, 2012 and the Resolution3 dated July 11, 2012 of the Court of Appeals (CA) in CA-G.R. SP No. 115626, which annulled and set aside the Decision4 dated March 9, 2010 and the Resolution5 dated June 21, 2010 of the National Labor Relations Commission (NLRC) in NLRC LAC Case No. 05-001320-09 and instead, reinstated the Decision6 dated March 20, 2009 of the Labor Arbiter (LA) in NLRC Case No. NCR-10-13893-08 dismissing the complaint of petitioners Fortunato R. Baron (Baron), Manolo B. Bersabal (Bersabal), and Recto A. Melendres (Melendres; collectively petitioners) for lack of merit.

    The Facts

    Respondent EPE Transport Corporation, Inc. (EPE) is a domestic corporation engaged in the operation of taxi units. Petitioners were employed7 as EPE's taxi drivers and were paid on boundary system. They were members of the EPE Transport, Inc. Drivers' Union-Filipinong Samahang Manggagawa (FSM), the exclusive bargaining agent of the taxi drivers in EPE.8

    Sometime in August 2008, Bersabal sought inquiry from the company regarding the boundary rates imposed, claiming that the same were not in accordance with the Collective Bargaining Agreement (CBA).9 Instead of clarifying the matter, Bersabal was purportedly told that he was free to go if he did not want to follow company policy, and that anyway, he has no more use to the company.10 As a result, Bersabal, together with the other EPE's taxi drivers, filed on August 8, 2008, a complaint11 for violation of the CBA, unfair labor practice, refund of overcharged boundary, and money claims against EPE, and its President, Ernesto P. Enriquez (respondents), docketed as NLRC Case No. NCR-08-11284-08 (CBA violation case).12

    Later in September 2008, Baron and Melendres equally questioned the company aibout the overcharging of boundary, for which they supposedly got the same response. Thus, they filed a complaint13 for unfair labor practice, refund of overcharged boundary, and attorney's fees against respondents, docketed as NLRC Case No. NCR-09-13285-08 (unfair labor practice case)14 Three (3) days after, or on September 26, 2008, Baron claimed that he was no longer allowed to use his taxi unit and prevented from entering EPE's premises. Melendres and Bersabal allegedly suffered a similar fate on September 28, 2008 and October 1, 2008, respectively.15 Consequently, petitioners filed on October 6, 2008, another complaint,16 this time for illegal dismissal, unfair labor practice, separation pay, and attorney's fees, against respondents, docketed as NLRC Case No. NCR-10-13893-08 (illegal dismissal case).

    Meanwhile, in an Order17 dated October 15, 2008, the complaint in the unfair labor practice case was dismissed without prejudice, and the case was recommended to be resolved before the grievance machinery.

    In response18 to the complaint in the illegal dismissal case, respondents denied that petitioners were dismissed as the latter themselves failed to return to work. Respondents claimed that petitioners were often called to explain their "shortages" and "damage to vehicle," as reflected in their employment records,19 with no intention of terminating their employment.20 That after they filed separate complaints for violation of the CBA and unfair labor practice, petitioners suddenly went on absence without official leave (AWOL) and subsequently filed the instant suit.21

    The LA Ruling

    In a Decision22 dated March 20, 2009, the LA dismissed petitioners' illegal dismissal case for lack of jurisdiction over the subject matter and lack of cause of action. The LA gave more credence to respondents' claim that it was petitioners who failed to return to work after they filed their respective complaints, noting that the latter had even invoked the use of the CBA's grievance machinery for the resolution of their dispute, hence, could not have been dismissed.23 Moreover, the LA held that it had no jurisdiction over the ULP issue as the same was covered by the provisions of the CBA that specifically called for the operation of the grievance machinery in the resolution of such dispute.24

    Aggrieved, petitioners appealed25 to the NLRC, docketed as NLRC LAC Case No. 05-001320-09.

    The NLRC Ruling

    In a Decision26 dated March 9, 2010, the NLRC reversed and set aside the LA's Decision and found petitioners to have been illegally dismissed. Accordingly, it directed respondents to present evidence of the average amount of petitioners' daily or monthly wages, after deducting the boundary rates, for the computation of backwages, and further awarded the payment of separation pay in lieu of reinstatement which it found to be no longer feasible. However, petitioners' claims for damages were denied for lack of factual basis.27

    In so ruling, the NLRC rejected respondents' defense that petitioners went on AWOL or had abandoned their work, holding that no evidence was presented to show that the latter were directed to report back for work.28 It added that the intent to abandon work was negated by the filing of petitioners' previous complaints29 to correct what they perceived were errors in the administration of the CBA, rationalizing that an employee who takes steps to protest his lay off cannot be said to have abandoned his work.30 It further ruled that the unfair labor practice issue should not have been resolved by the LA since the issue was deemed impliedly removed by the dismissal of the complaint in the unfair labor practice case, and that a reading of the petitioners' position paper31 in the instant suit showed that it delved only on the issue of illegal dismissal.32

    Respondents' motion for reconsideration33 was denied in a Resolution34 dated June 21, 2010; thus, they elevated the matter to the CA on certiorari.35

    The CA Ruling

    In a Decision36 dated March 30, 2012, the CA set aside the NLRC's March 9, 2010 Decision and reinstated the LA's March 20, 2009 Decision.

    The CA concurred with the LA that petitioners' complaint in the illegal dismissal case failed to sufficiently establish the fact of their dismissal.37 It observed that petitioners failed to name the person/s who prevented them from reporting for work or from using their taxi units. Also, the statement that "they were free to go if they did not want to follow company policy" neither automatically amount to dismissal; nor can it be interpreted as a termination of their employment.38 Hence, since their absence from work was not authorized, the CA concluded that it was petitioners who had unilaterally decided to cut their ties with respondents. Moreover, it pointed out that petitioners' agreement to seek redress before the company's grievance committee is inconsistent with their claim for illegal dismissal.39

    Dissatisfied, petitioners' moved for reconsideration40 which was, however, denied in a Resolution41 dated July 11, 2012; hence, this petition.

    The Issue Before the Court

    The essential issue for the Court's resolution is whether or not the CA erred in ruling that the NLRC gravely abused its discretion in finding petitioners to have been illegally dismissed.

    The Court's Ruling

    The petition is meritorious.

    Preliminarily, it should be pointed out that only questions of law may be raised in a petition for review on certiorari under Rule 45 of the Rules of Court.42 The Court is not a trier of facts43 and does not routinely re-examine the evidence presented by the contending parties.44 Nevertheless, the divergence in the findings of fact by the LA and the NLRC, on the one hand, and that of the CA on the other - as in this case - is a recognized exception for the Court to open and scrutinize the records to determine whether the CA, in the exercise of its certiorari jurisdiction, erred in finding grave abuse of discretion on the part of the NLRC in ruling that petitioners were illegally dismissed.45

    To justify the grant of the extraordinary remedy of certiorari, petitioner must satisfactorily show that the court or quasi-judicial authority gravely abused the discretion conferred upon it. Grave abuse of discretion connotes a capricious and whimsical exercise of judgment, done in a despotic manner by reason of passion or personal hostility, the character of which being so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act at all in contemplation of law.46 It has also been held that grave abuse of discretion arises when a lower court or tribunal patently violates the Constitution, the law or existing jurisprudence.47 The existence of such patent violation evinces that the assailed judicial or quasi-judicial act is tainted with the quality of whim and caprice, amounting to lack or excess of jurisdiction.

    Tested against these considerations, the Court finds that the CA committed reversible error in granting respondents' certiorari petition since the NLRC did not gravely abuse its discretion in finding petitioners to have been illegally dismissed. The NLRC's ruling cannot be equated to a capricious and whimsical exercise of judgment since its pronouncement of illegal dismissal squares with existing legal principles.

    In a catena of cases, the Court has held that the onus of proving that an employee was not dismissed or, if dismissed, his dismissal was not illegal fully rests on the employer; the failure to discharge such onus would mean that the dismissal was not justified and, therefore, illegal.48

    The doctrine can be traced back to the 1999 case of Barros v. NLRC,49 where the Court denied the employer's argument that the seafarer voluntarily terminated his employment (on the claim that he himself requested repatriation), finding that since the fact of repatriation was not disputed, "it is incumbent upon [the employer] to prove by the quantum of evidence required by law that [the seafarer] was not dismissed, or if dismissed, that the dismissal was not illegal; otherwise, the dismissal would be unjustified."50

    In the 2001 case of Sevillana v. I.T. (International) Corp.,51 the Court later elucidated that Article 277 (b) of the Labor Code - which places upon the employer the burden of proving that the dismissal of an employee was for a valid or authorized cause - does not distinguish whether the employer admits or does not admit the dismissal:
    When the NLRC declared that the burden of proof in dismissal cases shifts to the employer only when the latter admits such dismissal, the NLRC ruled erroneously in disregard of the law and prevailing jurisprudence on the matter. As correctly articulated by the Solicitor General in his Comment to this petition, thus -
    Article 277 (b) of the Labor Code puts the burden of proving that the dismissal of an employee was for a valid or authorized cause on the employer. It should be noted that the said provision of law does not distinguish whether the employer admits or does not admit the dismissal.
    It is a well-known maxim in statutory construction that where the law does not distinguish, the court should not distinguish (Robles v. Zambales Chromite Mining Co., 104 Phil. 688, 690 [1958]).
    Moreover, Article 4 of the Labor Code provides:
    Art. 4. Construction in favor of labor. - All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.
    In Eastern Shipping Lines, Inc. v. POEA (248 Phil. 762, 776 [1988]), this Honorable Court held:
    When the conflicting interest of labor and capital are weighed on the scales of social justice, the heavier influence of the latter must be counterbalanced by the sympathy and compassion the law must accord the underprivileged worker. This is only fair if he is to be given the opportunity - and the right - to assert and defend his cause not as a subordinate but as a peer of management, with which he can negotiate on even plane. Labor is not a mere employee of capital but its active and equal partner.
    Thus, it is clear that petitioner was illegally dismissed by private respondent Samir Maddah.

    Time and again we have ruled that where there is no showing of a clear, valid[,] and legal cause for termination of employment, the law considers the case a matter of illegal dismissal. The burden is on the employer to prove that the termination of employment was for a valid and legal cause. For an employee's dismissal to be valid, (a) the dismissal must be for a valid cause and (b) the employee must be afforded due process.52 (Emphases and underscoring supplied; citations omitted)
    Thus, on this score, case law states that the employer must not rely on the weakness of the employees' evidence but must stand on the merits of their own defense.53

    Here, petitioners asserted that they were unceremoniously dismissed after they charged respondents of violating the CBA before the NLRC. Notably, respondents did not refute such absence from work but averred that it was petitioners that went on AWOL and abandoned their jobs after they filed their unfair labor practice complaint.

    Abandonment connotes a deliberate and unjustified refusal on the part of the employee to resume his employment.54 Notably, "abandonment of work does not per se sever the employer-employee relationship. It is merely a form of neglect of duty, which is, in turn, a just cause for termination of employment. The operative act that will ultimately put an end to this relationship is the dismissal of the employee after complying with the procedure prescribed by law."55

    For a valid finding of abandonment, two (2) elements must concur, namely: (a) the failure to report for work or absence without valid or justifiable cause; and (b) clear intention to sever the employer-employee relationship, with the second element as the more determinative factor and being manifested by some overt acts.56

    In Dimagan v. Dacworks United, Inc.,57 the Court elucidated that absence must be accompanied by overt acts unerringly pointing to the fact that the employee simply does not want to work anymore. Mere absence or failure to report for work is not tantamount to abandonment of work.

    In RBC Cable Master System and/or Cinense v. Baluyot,58 the Court has recently held that the employer has the burden of proof to show a deliberate and unjustified refusal of the employee to resume his employment without any intention of returning.59

    In this case, no proof was adduced by respondents to prove their theory of abandonment. Nothing on record would show that petitioners' absence from work was deliberate and unjustified, with a clear intent to sever the employment relationship. On the contrary, such intention is belied by the fact that shortly after petitioners ceased from working, they immediately instituted the complaint for illegal dismissal. An employee who forthwith takes steps to protest his layoff cannot, as a general rule, be said to have abandoned his work, for it is well-settled that the filing by an employee of a complaint for illegal dismissal is proof enough of his desire to return to work, thus negating any suggestion of abandonment.60 Indeed, it would be illogical for petitioners to have left their job and thereafter seek redress by filing a complaint against their employer.

    Moreover, petitioners, prior to the filing of the illegal dismissal case, filed cases against respondents to correct what they perceived as errors in the administration of the CBA, i.e., the CBA violation case and the unfair labor practice complaint. This bolsters the supposition that they actually desired to continue with their employment as they were enforcing their rights under the CBA. In fact, it would not be amiss to state that if respondents truly believed that petitioners had abandoned their job, they could have sent notices or show-cause letters requiring them to report for work or explain their absences with a warning that their failure to do so would be construed as abandonment. The records are, however, bereft of any indication that respondents did so.

    Finally, it is apt to clarify that petitioners' submission to the company's grievance machinery does not disprove illegal dismissal. What was referred to the grievance machinery was the unfair labor practice case filed by the petitioners before they were terminated, which contains issues that are different and distinct from their cause of action for illegal dismissal. It bears to note that Article 223 (c)61 of the Labor Code,62 as amended, is explicit that the LA shall refer to the grievance machinery and voluntary arbitration, as provided in the CBA, those cases that involve the interpretation of said agreements. Further, Article 27263 of the same Code provides that all unresolved grievances arising from the interpretation or implementation of the CBA, including violations of said agreement, are under the original and exclusive jurisdiction of the voluntary arbitrator or panel of voluntary arbitrators. As such, petitioners cannot be faulted in invoking the grievance machinery even after they had been dismissed in compliance with the provisions of the CBA, to which they were bound.

    All told, since petitioners' abandonment was not proven by respondents in this case, the NLRC correctly ruled that the former were illegally dismissed. Consequently, the CA committed reversible error when it held otherwise and granted respondents' certiorari petition. Thus, following Article 29364 of the Labor Code, as amended, petitioners are entitled to reinstatement and backwages. However, since reinstatement is no longer feasible in view of the enmity between the parties, the award of separation pay in lieu of reinstatement is in order.65chanroblesvirtuallawlibrary

    WHEREFORE, the petition is GRANTED. The Decision dated March 30, 2012 and the Resolution dated July 11, 2012 of the Court of Appeals in CA-G.R. SP No. 115626 are hereby REVERSED and SET ASIDE. Accordingly, the Decision dated March 9, 2010 and the Resolution dated June 21, 2010 of the National Labor Relations Commission in NLRC LAC Case No. 05-001320-09 are REINSTATED.

    SO ORDERED.chanroblesvirtuallawlibrary

    Sereno, C.J., Leonardo-De Castro, Bersamin, and Perez, JJ., concur.

    Endnotes:


    * "EFE Transport, Inc." in some parts of the records.

    1Rollo, pp. 28-51.

    2 Id. at 55-65. Penned by Associate Justice Angelita A. Gacutan with Associate Justices Magdangal M. De Leon and Francisco P. Acosta concurring.

    3 Id. at 68-69.

    4 Id. at 223-229. Penned by Presiding Commissioner Benedicto R. Palacol with Commissioners Isabel G. Panganiban-Ortiguerra and Nieves Vivar-De Castro concurring.

    5 Id. at 252-254.

    6 Id. at 188-192. Penned by Labor Arbiter Renaldo O. Hernandez.

    7 Baron was hired on April 22, 2003, Melendres on February 18, 2003, and Bersabal on March 1, 2005. See id. at 9.

    8 Id.

    9 See CBA dated February 16, 2006. Id. at 158-165.

    10 Id. at 32.

    11 Id. at 171-174.

    12 The case was raffled to Labor Arbiter Enrique L. Flores, Jr. Id. at 171. See also id. at 93 and 149.

    13 Id. at 166-169.

    14 Id. at 166-169.

    15 Id. at 33.

    16 Id. at 138-140.

    17 Id. at 170. Penned by Labor Arbiter Melquiades Sol D. Del Rosario.

    18 See Joint Position Paper for the Respondents dated December 3, 2008; id at 146-153.

    19 Id. at 154-156.

    20 Id. at 148.

    21 Id. at 149.

    22 Id. at 188-192.

    23 Id. at 190-191.

    24 Id. at 191-192.

    25 Dated April 27, 2009. Id. at 193-211.

    26 Id. at 223-229.

    27 Id. at 228-229.

    28 Id. at 227.

    29 Referring to NLRC Case No. NCR-08-11284-08 and NLRC Case No. NCR-09-13285-08.

    30Rollo, p. 227.

    31 See Position Paper for the Complainants (herein petitioners) dated December 4, 2008; id. at 141-145.

    32 See id. at 150. See also id. at 226.

    33 Dated March 29, 2010. Id. at 230-239.

    34 Id. at 252-254.

    35 Dated August 27, 2010. Id. at 123-136.

    36 Id. at 55-65.

    37 Id. at 61.

    38 Id. at 62.

    39 Id. at 63.

    40 Motion for reconsideration not attached to the rollo.

    41Rollo, pp. 68-69.

    42 See Section 1, Rule 45 of the Rules of Court.

    43Dimagan v. Dacworks United, Incorporated, 677 Phil. 472, 480 (2011).

    44Samar-Med Distribution v. NLRC, G.R. No. 162385, July 15, 2013, 701 SCRA 148, 158.

    45 See Dimagan v. Dacworks United Incorporated, supra note 43, at 480.

    46 See Bahia Shipping Services, Inc. v. Hipe, Jr., G.R. No. 204699, November 12, 2014.

    47Tagolino v. House of Representatives Electoral Tribunal, G.R. No. 202202, March 19, 2013, 693 SCRA 574, 599-600.

    48 See Samar-Med Distribution v. NLRC, supra note 44; Great Southern Maritime Services Corporation v. Acuna, 492 Phil. 518 (2005); Asia Pacific Chartering (Phils.), Inc. v. Farolan, 441 Phil. 776 (2002); National Bookstore, Inc. v. CA, 428 Phil. 235 (2002); and Sevillana v. I.T. (International) Corp., 408 Phil. 570 (2001).

    49 373 Phil. 635 (1999).

    50 Id. at 640.

    51 See supra note 48.

    52 Id. at 583-584.

    53AFl International Trading Corporation v. Lorenzo, 561 Phil. 451, 456 (2007); Carlos v. CA, 558 Phil. 209, 221 (2007); and Great Southern Maritime Services Corporation v. Acuna, supra note 48, at 531.

    54Tan Brothers Corporation of Basilan City v. Escudero, G.R. No. 188711, July 3, 2013, 700 SCRA 583 591.

    55De Paul/King Philip Customs Tailor v. NLRC, 364 Phil. 91, 102 (1999).

    56De Guzman v. NLRC, 564 Phil. 600, 610 (2007).

    57 Supra note 43, at 482, citing Hodieng Concrete Products v. Emilia, 491 Phil. 434, 439 (2005), further citing Samarca v. Arc-Men Industries, Inc., 459 Phil. 506, 516 (2003).

    58 596 Phil. 729 (2009).

    59 Id. at 739-740.

    60MIR Industries v. Colambot, G.R. No. 179001, August 28, 2013, 704 SCRA 150, 161.

    61 Formerly Article 217 (c). As renumbered pursuant to Section 5 of Republic Act No. 10151, entitled "AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING ARTICLE 130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES" (approved on July 26, 2010).

    62 Presidential Decree No. 442 entitled "A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE" (approved on May 1, 1974).

    63 Formerly, Article 261. Formerly Article 279.

    64 ART. 293. Security of Tenure. - In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.

    65 See Pofyfoam-RGC International Corporation v. Concepcion, G.R. No. 172349, June 13, 2012, 672 SCRA 148, 164.

    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.


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