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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 RIÑOZA PLAZO AND MA. FE RIÑOZA 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 TONDEÑA, 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 UBAÑA, 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 CAÑAS-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 ACOMPAÑADO-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. 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. RTJ-15-2439 (Formerly: OCA I.P.I. No. 12-3989-RTJ), August 26, 2015 - ARIEL "AGA" MUHLACH, Complainant, v. EXECUTIVE JUDGE MA. ANGELA ACOMPAÑADO-ARROYO, REGIONAL TRIAL COURT, SAN JOSE CITY, CAMARINES SUR, Respondent.

  • 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

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    G.R. No. 210554, August 05, 2015 - DAVID YU KIMTENG, MARY L. YU, WINNIE L. YU, VIVIAN L. YU, ROSA GAN, LILIAN CHUA WOO YUKIMTENG, SANTOS YU, MARCELO YU, AND SIN CHIAO YU LIM, Petitioners, v. ATTY. WALTER T. YOUNG, ANASTACIO E. REVILLA, JR., ATTY. JOVITO GAMBOL, AND ATTY. DAN REYNALD R. MAGAT, PRACTICING LAW UNDER THE FIRM NAME, YOUNG REVILLA GAMBOL & MAGAT, AND JUDGE OFELIA L. CALO, PRESIDING JUDGE OF BRANCH 211 OF THE REGIONAL TRIAL COURT, MANDALUYONG CITY, Respondents.

      G.R. No. 210554, August 05, 2015 - DAVID YU KIMTENG, MARY L. YU, WINNIE L. YU, VIVIAN L. YU, ROSA GAN, LILIAN CHUA WOO YUKIMTENG, SANTOS YU, MARCELO YU, AND SIN CHIAO YU LIM, Petitioners, v. ATTY. WALTER T. YOUNG, ANASTACIO E. REVILLA, JR., ATTY. JOVITO GAMBOL, AND ATTY. DAN REYNALD R. MAGAT, PRACTICING LAW UNDER THE FIRM NAME, YOUNG REVILLA GAMBOL & MAGAT, AND JUDGE OFELIA L. CALO, PRESIDING JUDGE OF BRANCH 211 OF THE REGIONAL TRIAL COURT, MANDALUYONG CITY, Respondents.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    G.R. No. 210554, August 05, 2015

    DAVID YU KIMTENG, MARY L. YU, WINNIE L. YU, VIVIAN L. YU, ROSA GAN, LILIAN CHUA WOO YUKIMTENG, SANTOS YU, MARCELO YU, AND SIN CHIAO YU LIM, Petitioners, v. ATTY. WALTER T. YOUNG, ANASTACIO E. REVILLA, JR., ATTY. JOVITO GAMBOL, AND ATTY. DAN REYNALD R. MAGAT, PRACTICING LAW UNDER THE FIRM NAME, YOUNG REVILLA GAMBOL & MAGAT, AND JUDGE OFELIA L. CALO, PRESIDING JUDGE OF BRANCH 211 OF THE REGIONAL TRIAL COURT, MANDALUYONG CITY, Respondents.

    D E C I S I O N

    LEONEN, J.:

    A disbarred lawyer's name cannot be part of a firm's name. A lawyer who appears under a firm name that contains a disbarred lawyer's name commits indirect contempt of court.

    Through this Petition,1 petitioners ask that law firm, Young Revilla Gambol & Magat, and Judge Ofelia L. Calo (Judge Calo), be cited in contempt of court under Rule 71 of the Rules of Court.2 Anastacio Revilla, Jr. (Revilla) was disbarred on December 2009 in an En Banc Resolution of this court in A.C. No. 7054 entitled Que v. Atty. Revilla, Jr.3

    David Yu Kimteng, Mary L. Yu, Winnie L. Yu, Vivian L. Yu, Rosa Gan, Lilian Chua Woo Yukimteng, Santos Yu, Marcelo Yu, and Sin Chiao Yu Lim are the majority stockholders of Ruby Industrial Corporation.4

    In Majority Stockholders of Ruby Industrial Corporation v. Lim, et al.,5 this court ordered the liquidation of Ruby Industrial Corporation and transferred the case to the appropriate Regional Trial Court branch to supervise the liquidation.6

    The liquidation was raffled to Branch 211 of the Regional Trial Court in Mandaluyong City,7 presided by Judge Calo.8

    Walter T. Young (Atty. Young), Jovito Gambol (Atty. Gambol), and Dan Reynald Magat (Atty. Magat) are lawyers practicing under the firm, Young Revilla Gambol & Magat.9 They entered their appearance in the liquidation proceedings as counsels for the liquidator.10

    An Opposition11 was filed against the appearance of Young Revilla Gambol & Magat on the ground that Revilla was already disbarred in 2009.12

    Young Revilla Gambol & Magat filed a Reply13 to the Opposition stating that the firm opted to retain Revilla's name in the firm name even after he had been disbarred, with the retention serving as an act of charity.14

    Judge Calo overruled the opposition to the appearance of Young Revilla Gambol & Magat and stated that Atty. Young could still appear for the liquidator as long as his appearance was under the Young Law Firm and not under Young Revilla Gambol & Magat.15 Young Law Firm does not exist.

    Thus, petitioners David Yu Kimteng, Mary L. Yu, Winnie L. Yu, Vivian L. Yu, Rosa Gan, Lilian Chua Woo Yukimteng, Santos Yu, Marcelo Yu, and Sin Chiao Yu Lim filed this Petition under Rule 71 to cite respondents Atty. Walter T. Young, Anastacio E. Revilla, Jr., Atty. Jovito Gambol, Atty. Dan Reynald R. Magat, and Judge Ofelia L. Calo in contempt.

    This court required respondents to comment on the Petition.16 Respondent law firm Young Revilla Gambol & Magat filed its Comment17 on April 14, 2014, while respondent Atty. Gambol filed a separate Comment.18

    On April 16, 2014, petitioners filed a Motion for Leave to File Consolidated Reply.19 This was granted in the Resolution20 dated June 18, 2014. In the same Resolution, this court denied petitioners' Motion to Consider Case Submitted without Comment from [Judge Calo]21 and ordered the parties to await Judge Calo's comment.22

    Counsel for petitioners subsequently filed a Manifestation,23 informing this court that they have yet to receive a copy of Judge Calo's Comment.24 No Comment was filed by Judge Calo.

    Petitioners cite San Luis v. Pineda25 and United States v. Ney, et al.26 to support their argument that the use of a disbarred lawyer's name in the firm name is tantamount to contempt of court.27

    Private Respondents Atty. Young and Atty. Magat counter that they maintained Revilla's name in the firm name for sentimental reasons.28

    Atty. Young and Atty. Magat explained that they did not intend to deceive the public29 and that in any case, the retention of Revilla's name "does not give added value to the [law firm] nor does it enhance the standing of the member lawyers thereof."30

    They further argue that:chanRoblesvirtualLawlibrary

    The non-deletion of [Anastacio E. Revilla's] name in the Young Law Firm's name is no more misleading than including the names of dead or retired partners in a law firm's name. It is more for sentimental reasons. It is a fraternal expression to a former brother in the profession that the Private Respondents fully understand, his [referring to Revilla] principled albeit quixotic advocacy.31ChanRoblesVirtualawlibrary
    Private respondents point out that the Balgos Law Firm is derailing the liquidation of Ruby Industrial Corporation by filing this Petition for contempt because the Balgos Law Firm resents that its nominee was not elected as liquidator.32 Private respondents add that petitioners have continuously blocked Ruby Industrial Corporation's unsecured creditors from obtaining relief, as shown by the number of times that Ruby Industrial Corporation's cases have reached this court.33

    Private respondents also raise the issue of forum shopping in their Comment because petitioners allegedly filed a disbarment Complaint against them before the Commission on Bar Discipline, Integrated Bar of the Philippines. One of the grounds for disbarment cited by petitioners was the use of Revilla's name in their firm name.34

    Private respondent Atty. Gambol filed a separate Comment,35 arguing that from the time Revilla was disbarred, he no longer practiced law.36

    Private respondent Atty. Gambol stated that he passed the 1990 Bar Examination but took his oath in July 2006.37 He is a junior member of the Young Revilla Magat & Gambol law firm and "has no power and/or authority [to decide] who should be removed from the firm's name[.]"38

    Private respondent Atty. Gambol argues that in all the cases he handled after Re villa's disbarment, he omitted Re villa's name from the firm name in the pleadings that he signed. Such deletion was through his own initiative.39

    Petitioners filed their Reply,40 with petitioners addressing respondents' allegations that they remained silent on the disbarment case they had filed by citing Rule 139-B, Section 18 of the Rules of Court,41 which provides that:chanRoblesvirtualLawlibrary
    Rule 139-B. Disbarment and Discipline of Attorneys

    . . . .

    Section 18. Confidentiality. — Proceedings against attorneys shall be private and confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases.ChanRoblesVirtualawlibrary
    Petitioners argue that liability for contempt is separate from disciplinary action; hence, no forum shopping was committed.42

    Petitioners did not address private respondents' allegations regarding the delay in the liquidation of Ruby Industrial Corporation.

    The issues in this case are:

    First, whether private respondents Atty. Walter T. Young, Atty. Jovito Gambol, and Atty. Dan Reynald R. Magat are in contempt of court when they continued to use respondent Anastacio E. Revilla, Jr.'s name in their firm name even after his disbarment;cralawlawlibrary

    Second, whether private respondents Atty. Walter T. Young, Atty. Jovito Gambol, and Atty. Dan Reynald R. Magat are in contempt of court for deliberately allowing a disbarred lawyer to engage in the practice of law;cralawlawlibrary

    Third, whether private respondent Anastacio E. Revilla, Jr. is in contempt of court for continuing to practice law even after disbarment;cralawlawlibrary

    Fourth, whether public respondent Judge Ofelia L. Calo is in contempt of court when she held that respondent Atty. Walter T. Young can appear in court as long as it is under the Young Law Firm, which is a non-existent firm; and

    Lastly, whether the filing of this Petition despite the pendency of a disbarment complaint before the Integrated Bar of the Philippines constitutes forum shopping.

    II

    Rule 71, Section 3 of the 1997 Rules of Civil Procedure provides:chanRoblesvirtualLawlibrary
    SEC. 3. Indirect contempt to be punished after charge and hearing.— After charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt:

    (a) Misbehavior of an officer of a court in the performance of his official duties or in his official transactions;cralawlawlibrary

    (b) Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act of a person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the person adjudged to be entitled thereto;cralawlawlibrary

    (c) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule;cralawlawlibrary

    (d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice;

    (e) Assuming to be an attorney or an officer of a court, and acting as such without authority;

    (f) Failure to obey a subpoena duly served;cralawlawlibrary

    (g) The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him. (Emphasis supplied)ChanRoblesVirtualawlibrary
    This court has defined contempt of court as:chanRoblesvirtualLawlibrary
    a willful disregard or disobedience of a public authority. In its broad sense, contempt is a disregard of, or disobedience to, the rules or orders of a legislative or judicial body or an interruption of its proceedings by disorderly behavior or insolent language in its presence or so near thereto as to disturb its proceedings or to impair the respect due to such a body. In its restricted and more usual sense, contempt comprehends a despising of the authority, justice, or dignity of a court. The phrase contempt of court is generic, embracing within its legal signification a variety of different acts.43 (Emphasis in the original, citations omitted)ChanRoblesVirtualawlibrary
    In this case, respondents committed acts that are considered indirect contempt under Section 3 of Rule 71. In addition, respondents disregarded the Code of Professional Responsibility when they retained the name of respondent Revilla in their firm name.

    Canon 3, Rule 3.02 states:chanRoblesvirtualLawlibrary
    Rule 3.02. In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased.ChanRoblesVirtualawlibrary
    Respondents argue that the use of respondent Revilla's name is "no more misleading than including the names of dead or retired partners in a law firm's name."44

    III

    Maintaining a disbarred lawyer's name in the firm name is different from using a deceased partner's name in the firm name. Canon 3, Rule 3.02 allows the use of a deceased partner's name as long as there is an indication that the partner is deceased. This ensures that the public is not misled. On the other hand, the retention of a disbarred lawyer's name in the firm name may mislead the public into believing that the lawyer is still authorized to practice law.

    The use of a deceased partner's name in the firm name was the issue in the consolidated cases Petition for Authority to Continue Use of the Firm Name "Sycip, Salazar, Feliciano, Hernandez & Castillo" and In the matter of the Petition for Authority to Continue Use of the Firm Name "Ozaeta, Romulo, De Leon, Mabanta & Reyes."45 Petitioners prayed that they be allowed to continue including Atty. Alexander Sycip's and Atty. Herminio Ozaeta's names in their firm names.46 This court denied the petitions, explaining that there is a possibility of deception in the use of a deceased partner's name.47 Also, Article 1815 of the Civil Code48 shows that the partners in a partnership should be "living persons who can be subjected to liability."49 Further, the use of a deceased partner's name is not a custom in the Philippines.50 On the contrary, the local custom shows that the firm name usually identifies the senior members or partners of a law firm.51 Justice Aquino dissented, stating that:chanRoblesvirtualLawlibrary
    I am of the opinion that the petition may be granted with the condition that it be indicated in the letterheads of the two firms (as the case may be) that Alexander Sycip, former Justice Ozaeta and Herminio Ozaeta are dead or the period when they served as partners should be stated therein.

    Obviously, the purpose of the two firms in continuing the use of the names of their deceased founders is to retain the clients who had customarily sought the legal services of Attorneys Sycip and Ozaeta and to benefit from the goodwill attached to the names of those respected and esteemed law practitioners. That is a legitimate motivation.

    The retention of their names is not illegal per se. That practice was followed before the war by the law firm of James Ross. Notwithstanding the death of Judge Ross, the founder of the law firm of Ross, Lawrence, Selph and Carrascoso, his name was retained in the firm name with an indication of the year when he died. No one complained that the retention of the name of Judge Ross in the firm name was illegal or unethical.52ChanRoblesVirtualawlibrary
    The use of a deceased partner's name in a law firm's name was allowed upon the effectivity of the Code of Professional Responsibility, with the requirement that "the firm indicates in all its communications that said partner is deceased."53

    On the other hand, this court has ruled that the use of the name of a person who is not authorized to practice law constitutes contempt of court.

    In San Luis v. Pineda, this court has held that "[n]eedless to say, [the] practice of law by one who is disbarred constitutes contempt of court."54United States v. Ney, et al. involved J. Garcia Bosque who was denied admission to the bar because he chose to remain a Spanish subject during the cession of the Philippines under the Treaty of Paris.55 Bosque entered into an arrangement with Ney, a practicing attorney, and established "Ney & Bosque."56 Bosque did not personally appear in courts but the papers of their office were signed "Ney and Bosque-C.W. Ney, Abogado."57 The matter was referred to the then Attorney-General, and contempt proceedings were instituted.58 At that time, Section 232 of the Code of Civil Procedure defined contempt of court as:chanRoblesvirtualLawlibrary
    1. Disobedience of or resistance to a lawful writ, process, order, judgment, or command of a court, or injunction granted by a court or judge;cralawlawlibrary

    2. Misbehavior of an officer of the court in the performance of his official duties or in his official transactions.59ChanRoblesVirtualawlibrary
    This court found that Atty. Ney was in contempt of court and held that:chanRoblesvirtualLawlibrary
    Under the second subdivision of [Section 232], Bosque is obviously not answerable, inasmuch as he was not an officer of the court. On the other hand, under this subdivision, the defendant Ney, as an admitted attorney, is liable if his conduct amounted to misbehavior. We are of the opinion that it did. In the offense of Bosque in holding himself out as a general practitioner Ney participated, and for the improper signature of the pleadings he was chiefly and personally responsible.60ChanRoblesVirtualawlibrary
    In Cambaliza v. Atty. Cristal-Tenorio,61 Atty. Ana Luz B. Cristal-Tenorio used a letterhead indicating that Felicisimo Tenorio, Jr. was a senior partner in the Cristal-Tenorio Law Office when, in fact, he was not a lawyer.62 This court held that:chanRoblesvirtualLawlibrary
    A lawyer who allows a non-member of the Bar to misrepresent himself as a lawyer and to practice law is guilty of violating Canon 9 and Rule 9.01 of the Code of Professional Responsibility, which read as follows:chanRoblesvirtualLawlibrary
    Canon 9 — A lawyer shall not directly or indirectly assist in the unauthorized practice of law.

    Rule 9.01 — A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing.ChanRoblesVirtualawlibrary
    The term "practice of law" implies customarily or habitually holding oneself out to the public as a lawyer for compensation as a source of livelihood or in consideration of his services. Holding one's self out as a lawyer may be shown by acts indicative of that purpose like identifying oneself as attorney, appearing in court in representation of a client, or associating oneself as a partner of a law office for the general practice of law. Such acts constitute unauthorized practice of law.

    The lawyer's duty to prevent, or at the very least not to assist in, the unauthorized practice of law is founded on public interest and policy. Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character. The permissive right conferred on the lawyer is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards of moral and professional conduct. The purpose is to protect the public, the court, the client, and the bar from the incompetence or dishonesty of those unlicensed to practice law and not subject to the disciplinary control of the Court. It devolves upon a lawyer to see that this purpose is attained. Thus, the canons and ethics of the profession enjoin him not to permit his professional services or his name to be used in aid of, or to make possible the unauthorized practice of law by, any agency, personal or corporate. And, the law makes it a misbehavior on his part, subject to disciplinary action, to aid a layman in the unauthorized practice of law.63 (Citations omitted)ChanRoblesVirtualawlibrary
    From the time respondent Revilla was disbarred in 2009, it appears that no efforts were exerted to remove his name from the firm name. Thus, respondents Atty. Young and Atty. Magat are held liable for contempt of court.

    Rule 71, Section 7 of the 1997 Rules of Civil Procedure provides for the imposable penalties for indirect contempt:chanRoblesvirtualLawlibrary
    SEC. 7. Punishment for indirect contempt.If the respondent is adjudged guilty of indirect contempt committed against a Regional Trial Court or a court of equivalent or higher rank, he may be punished by a fine not exceeding thirty thousand pesos or imprisonment not exceeding six (6) months, or both. If he is adjudged guilty of contempt committed against a lower court, he may be punished by a fine not exceeding five thousand pesos or imprisonment not exceeding one (1) month, or both. If the contempt consists in the violation of a writ of injunction, temporary restraining order or status quo order, he may also be ordered to make complete restitution to the party injured by such violation of the property involved or such amount as may be alleged and proved.

    The writ of execution, as in ordinary civil actions, shall issue for the enforcement of a judgment imposing a fine unless the court otherwise provides. (Emphasis supplied)ChanRoblesVirtualawlibrary
    In view of Rule 71, Section 7, a fine of P30,000.00 each is imposed on respondents Atty. Young and Atty. Magat.

    IV

    Respondent Atty. Gambol filed a separate Comment, explaining that he dropped respondent Re villa's name from the firm name in the pleadings that he filed in several courts. Respondent Atty. Gambol's explanation is supported by the allegations in the Comment filed by respondents Atty. Young and Atty. Magat stating:chanRoblesvirtualLawlibrary
    In fact, when co-Private Respondent Gambol, initially cowed perhaps, by the same intimidation worked upon him by the Complainants' counsel in another case, asked permission to delete [Anastacio E. Revilla's] name in the Young Law Firm's name in the pleadings that he (i.e. Private Respondent Gambol) would subsequently file, Respondent Young allowed him to do so.64ChanRoblesVirtualawlibrary
    This court recognizes respondent Atty. Gambol's effort to avoid misleading the public by removing respondent Revilla's name in the pleadings he filed. Thus, the Complaint against him is dismissed.

    Petitioners included Revilla as a respondent, but they did not serve copies of the Petition and subsequent pleadings upon him. Respondent Revilla also did not receive a copy of this court's Resolution requiring respondents to comment. Thus, this court shall refrain from ruling upon respondent Revilla's liability.

    V

    With regard to respondent Judge Calo, petitioners pray that she be cited in contempt for allowing respondent Atty. Young's appearance as long as it was under the Young Law Firm. A photocopy of the Order65 was attached to the Petition. A portion of Judge Calo's Order states:chanRoblesvirtualLawlibrary
    Although this court grants the appearance of Atty. Walter Young for the Liquidator, his appearance however shall be allowed only if in the name of the Young Law Firm, managed by the said counsel, and not under the name of the Law Firm of Young Revilla Gambol and Magat. This is to avoid any misconception that a disbarred lawyer, Revilla, continues to practice law.66ChanRoblesVirtualawlibrary
    Petitioners argue that respondent Judge Calo's Order is an indirect violation of "the proscription against the participation of ... disbarred lawyer[s]"67 in court. Further, the Young Law Firm does not exist.68

    Respondent Judge Calo was required to file a Comment on the Resolution69 dated February 24, 2014, but she did not comply.

    From petitioners' allegations, it appears that respondent Judge Calo committed an error in judgment when she allowed respondent Atty. Young's appearance under the Young Law Firm. However, this Petition to cite respondent Judge Calo in contempt is not the proper remedy. Maylas, Jr. v. Judge Sese70 discussed the remedies available to litigants as follows:chanRoblesvirtualLawlibrary
    [T]he law provides ample judicial remedies against errors or irregularities being committed by a Trial Court in the exercise of its jurisdiction. The ordinary remedies against errors or irregularities which may be regarded as normal in nature (i.e., error in appreciation or admission of evidence, or in construction or application of procedural or substantive law or legal principle) include a motion for reconsideration (or after rendition of a judgment or final order, a motion for new trial), and appeal. The extraordinary remedies against error or irregularities which may be deemed extraordinary in character (i.e., whimsical, capricious, despotic exercise of power or neglect of duty, etc.) are inter alia the special civil actions of certiorari , prohibition or mandamus, or a motion for inhibition, a petition for change of venue, as the case may be.

    Now, the established doctrine and policy is that disciplinary proceedings and criminal actions against Judges are not complementary or suppletory of, nor a substitute for, these judicial remedies, whether ordinary or extraordinary. Resort to and exhaustion of these judicial remedies, as well as the entry of judgment in the corresponding action or proceeding, are pre­requisites for the taking of other measures against the persons of the judges concerned, whether of civil, administrative, or criminal nature. It is only after the available judicial remedies have been exhausted and the appellate tribunals have spoken with finality, that the door to an inquiry into his criminal, civil or administrative liability may be said to have opened, or closed.71 (Citation omitted)ChanRoblesVirtualawlibrary
    Whether petitioners availed themselves of judicial remedies was not stated in their Petition. Nevertheless, this court cannot ignore the possible effect of respondent Judge Calo's Order. Thus, the Complaint against respondent Judge Calo shall be re-docketed as an administrative matter. Article VIII of the 1987 Constitution provides:chanRoblesvirtualLawlibrary
    SECTION 11. . . . The Supreme Court en bane shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.ChanRoblesVirtualawlibrary
    Also, Rule 4, Section 3(a) of the Internal Rules of the Supreme Court72 provides that the administrative functions of this court include "disciplinary and administrative matters involving justices, judges, and court personnel[.]"

    VI

    As to the allegation of forum shopping, petitioners do not deny that they filed a Complaint for disbarment. They argue, however, that they did not mention the disbarment proceedings against respondents in view of Rule 139-B, Section 18 of the Rules of Court, which states that disbarment proceedings are private and confidential.73 In addition, a Petition for contempt under Rule 71 and a Complaint for disbarment are different from each other.

    The filing of a Complaint for disbarment before the Integrated Bar of the Philippines and the filing of this Petition for contempt under Rule 71 do not constitute forum shopping. Forum shopping has been defined as:chanRoblesvirtualLawlibrary
    when a party repetitively avails of several judicial remedies in different courts, simultaneously or successively, all substantially founded on the same transactions and the same essential facts and circumstances, and all raising substantially the same issues either pending in or already resolved adversely by some other court.74ChanRoblesVirtualawlibrary
    The elements of forum shopping are:chanRoblesvirtualLawlibrary
    (a) identity of parties, or at least such parties as represent the same interests in both actions;cralawlawlibrary

    (b) identity of rights asserted and relief prayed for, the relief being founded on the same facts; and

    (c) the identity of the two preceding particulars, such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration.75ChanRoblesVirtualawlibrary
    This court has explained that disbarment proceedings are sui generis, and are not akin to civil or criminal cases.76 A disbarment proceeding "is intended to cleanse the ranks of the legal profession of its undesirable members in order to protect the public and the courts."77

    Also, the Integrated Bar of the Philippines' findings are recommendatory, and the power to sanction erring members of the bar lies with this court.78

    As discussed by this court in Zaldivar v. Sandiganbayan:79
    The disciplinary authority of the Court over members of the Bar is broader [than] the power to punish for contempt. Contempt of court may be committed both by lawyers and non-lawyers, both in and out of court. Frequently, where the contemnor is a lawyer, the contumacious conduct also constitutes professional misconduct which calls into play the disciplinary authority of the Supreme Court. Where the respondent is a lawyer, however, the Supreme Court's disciplinary authority over lawyers may come into play whether or not the misconduct with which the respondent is charged also constitutes contempt of court. The power to punish for contempt of court does not exhaust the scope of disciplinary authority of the Court over lawyers. The disciplinary authority of the Court over members of the Bar is but corollary to the Court's exclusive power of admission to the Bar. A lawyers [sic] is not merely a professional but also an officer of the court and as such, he is called upon to share in the task and responsibility of dispensing justice and resolving disputes in society. Any act on his part which visibly tends to obstruct, pervert, or impede and degrade the administration of justice constitutes both professional misconduct calling for the exercise of disciplinary action against him and contumacious conduct warranting application of the contempt power.80 (Citations omitted)ChanRoblesVirtualawlibrary
    WHEREFORE, respondents Atty. Walter T. Young and Atty. Dan Reynald R. Magat are found in contempt of court for using a disbarred lawyer's name in their firm name and are meted a fine of P30,000.00 each.

    The Complaint against Atty. Jovito Gambol is DISMISSED. This is without prejudice to any disciplinary liabilities of respondents Atty. Walter T. Young, Atty. Dan Reynald R. Magat, and Judge Ofelia L. Calo.

    The counsels are ordered to make the necessary amendments in relation to the use of the disbarred lawyer's name including changes in their signage, notice of appearances, stationeries, and like material within a period of five (5) days from receipt.

    The Complaint against respondent Judge Ofelia L. Calo is also ordered re-docketed as an administrative matter.

    Let a copy of this Resolution be furnished the Office of the Bar Confidant, to be appended to private respondents' personal records as attorneys, to the Integrated Bar of the Philippines, and to the Office of the Court Administrator for their information and guidance.

    SO ORDERED.

    Carpio, (Chairperson), Brion, Del Castillo, and Mendoza, JJ., concur.

    Endnotes:


    1Rollo, pp. 3-16.

    2 Id. at 13.

    3 622 Phil. 1 (2009) [Per Curiam, En Banc].

    4Rollo, p. 3.

    5 665 Phil. 600 (2011) [Per J. Villarama, Jr., Third Division].

    6 Id. at 657.

    7Rollo, p. 7.

    8 Id. at 4.

    9 Id.

    10 Id. at 7.

    11 Id. at 22-26.

    12 Id. at 7 and 22.

    13 Id. at 27-33

    14 Id. at 8 and 28.

    15 Id. at 8-9.

    16 Id. at 56. The Resolution was dated February 24, 2014.

    17 Id. at 57-68.

    18 Id. at 70-84.

    19 Id. at 202-204.

    20 Id. at 223.

    21 Id. at 217-220.

    22 Id. at 223.

    23 Id. at 229-233.

    24 Id. at 229.

    25 121 Phil. 419 (1965) [Per C.J. Bengzon, En Banc].

    26 8 Phil. 146 (1907) [Per J. Tracey, En Banc].

    27Rollo, pp. 9-12.

    28 Id. at 60.

    29 Id. at 59-60.

    30 Id. at 59.

    31 Id. at 60.

    32 Id. at 62.

    33 Id.

    34 Id. at 58.

    35 Id. at 70-84.

    36 Id. at 72.

    37 Id. at 73.

    38 Id.

    39 Id. at 73-74.

    40 Id. at 205-212.

    41 Id. at 207.

    42 Id.

    43Lorenzo Shipping Corporation, et al. v. Distribution Management Association of the Philippines, et al., 672 Phil. 1, 10 (2011) [Per J. Bersamin, First Division].

    44Rollo, p. 60.

    45 180 Phil. 250 (1979) [Per J. Melencio-Herrera, En Banc].

    46 Id. at 253-254.

    47 Id. at 261-263.

    48 CIVIL CODE, art. 1815 provides:

    ARTICLE 1815. Every partnership shall operate under a firm name, which may or may not include the name of one or more of the partners.

    Those who, not being members of the partnership, include their names in the firm name, shall be subject to the liability of a partner.

    49Petition for Authority to Continue Use of the Firm Name "Sycip, Salazar, Feliciano, Hernandez & Castillo," 180 Phil. 250, 257 (1979) [Per J. Melencio-Herrera, En Banc].

    50 Id. at 260.

    51 Id.

    52 J. Aquino, Dissenting Opinion in Petition for Authority to Continue Use of the Firm Name "Sycip, Salazar, Feliciano, Hernandez & Castillo," 180 Phil. 250, 264-265 (1979) [Per J. Melencio-Herrera, En Banc]. Associate Justices Barredo, Makasiar, and Antonio joined the dissent of Associate Justice Aquino.

    53 Code of Professional Responsibility, Canon 3, Rule 3.02.

    54San Luis v. Pineda, 121 Phil. 419,420 (1965) [Per C.J. Bengzon, En Banc].

    55United States v. Ney, et al., 8 Phil. 146 (1907) [Per J. Tracey, En Banc], citing In re Bosque, 1 Phil. (1902) [Per C.J. Arellano, En Banc].

    56 Id. at 146-147.

    57 Id. at 147.

    58 Id.

    59 Id. at 148.

    60 Id. at 149.

    61 478 Phil. 378 (2004) [Per C.J. Davide, Jr., First Division].

    62 Id. at 384-385.

    63 Id. at 387-389.

    64Rollo, p. 60.

    65 Id. at 34-46. The Joint Order, dated December 5, 2013 and docketed as SEC CASE No. MC12-133 and MC 12-134, was entitled In re: Involuntary Liquidation of Ruby Industrial Corporation.

    66 Id. at 43.

    67 Id. at 13.

    68 Id.

    69 Id. at 56.

    70 529 Phil. 594 (2006) [Per J. Ynares-Santiago, First Division].

    71 Id. at 598-599.

    72 A.M. No. 10-4-20-SC, as amended by the Resolution dated August 3, 2010.

    73Rollo, p. 207.

    74Ortigas & Company Limited Partnership v. Velasco, G.R. No. 109645, January 21, 2015 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/january2015/109645.pdf> 39 [Per J. Leonen, Second Division], citing Heirs of Marcelo Sotto v. Palicte, G.R. No. 159691, February 17, 2014, 716 SCRA 175, 178 [Per J. Bersamin, First Division].

    75 Id. at 39-40, citing Goodland Company, Inc. v. Asia United Bank, et al., 684 Phil. 391, 409 (2012) [Per J. Villarama, Jr., First Division].

    76In re Almacen, G.R. No. L-27654, February 18, 1970, 31 SCRA 562, 600-601 [Per J. Castro, En Banc]. See also Gonzalez v. Atty. Alcaraz, 534 Phil. 471, 482 (2006) [Per C.J. Panganiban, First Division], Que v. Atty. Revilla, Jr., 622 Phil. 1, 22-23 (2009) [Per Curiam, En Banc], Ylaya v. Gacott, A.C. No. 6475, January 30, 2013, 689 SCRA 452, 467-468 [Per J. Brion, Second Division], and Dizon v. De Taza, A.C. No. 7676, June 10, 2014, 726 SCRA 70, 78-79 [Per J. Reyes, En Banc].

    77Cristobal v. Renta, A.C. No. 9925, September 17, 2014, 735 SCRA 247, 249 [Per J. Villarama, Jr., Third Division].

    78Bernardino v. Atty. Santos, A.C. No. 10583, February 18, 2015 <http://sc.judiciary.gov.ph/jurisprudence/2015/february2015/10583.pdf> 14-15 [Per J. Leonen, Second Division].

    79 248 Phil. 542 (1988) [Per Curiam, En Banc].

    80 Id. at 555-556.

    G.R. No. 210554, August 05, 2015 - DAVID YU KIMTENG, MARY L. YU, WINNIE L. YU, VIVIAN L. YU, ROSA GAN, LILIAN CHUA WOO YUKIMTENG, SANTOS YU, MARCELO YU, AND SIN CHIAO YU LIM, Petitioners, v. ATTY. WALTER T. YOUNG, ANASTACIO E. REVILLA, JR., ATTY. JOVITO GAMBOL, AND ATTY. DAN REYNALD R. MAGAT, PRACTICING LAW UNDER THE FIRM NAME, YOUNG REVILLA GAMBOL & MAGAT, AND JUDGE OFELIA L. CALO, PRESIDING JUDGE OF BRANCH 211 OF THE REGIONAL TRIAL COURT, MANDALUYONG CITY, Respondents.


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