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

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
December-2015 Jurisprudence                 

  • G.R. No. 212058, December 07, 2015 - STAR ELECTRIC CORPORATION, Petitioner, v. R & G CONSTRUCTION DEVELOPMENT AND TRADING, INC., Respondent.

  • G.R. No. 210445, December 07, 2015 - NILO B. ROSIT, Petitioner, v. DAVAO DOCTORS HOSPITAL AND DR. ROLANDO G. GESTUVO, Respondent.

  • G.R. No. 195547, December 02, 2015 - MA. CORAZON M. OLA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 209418, December 07, 2015 - W.M. MANUFACTURING, INC., Petitioner, v. RICHARD R. DALAG AND GOLDEN ROCK MANPOWER SERVICES, Respondent.

  • G.R. No. 197763, December 07, 2015 - SMART COMMUNICATIONS, INC., MR. NAPOLEON L. NAZARENO, AND MR. RICKY P. ISLA, Petitioners, v. JOSE LENI Z. SOLIDUM, Respondent.; G.R. No. 197836 - JOSE LENI Z. SOLIDUM, Petitioner, v. SMART COMMUNICATIONS, INC., MR. NAPOLEON L. NAZARENO, AND MR. RICKY P. ISLA, Respondent.

  • G.R. No. 207633, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHNLIE LAGANGGA Y DUMPA, Accused-Appellant.

  • G.R. No. 203115, December 07, 2015 - ISLAND OVERSEAS TRANSPORT CORPORATION/PINE CREST SHIPPING CORPORATION/CAPT. EMMANUEL L. REGIO, Petitioners, v. ARMANDO M. BEJA, Respondent.

  • G.R. Nos. 216007-09, December 08, 2015 - PEOPLE OF THE PHILIPPINES, Petitioner, v. LUZVIMINDA S. VALDEZ AND THE SANDIGANBAYAN (FIFTH DIVISION), Respondent.

  • G.R. No. 204275, December 09, 2015 - LILIOSA C. LISONDRA, Petitioner, v. MEGACRAFT INTERNATIONAL CORPORATION AND SPOUSES MELECIO AND ROSEMARIE OAMIL, Respondent.

  • G.R. No. 201652, December 02, 2015 - HEIRS OF SIMEON LATAYAN, NAMELY: LEONIDES Q. LATAYAN, ARIEL Q. LATAYAN, AND ETHEL Q. LATAYAN-AMPIL, REPRESENTED BY THEIR ATTORNEY-IN-FACT, LEONIDES Q. LATAYAN, Petitioners, v. PEING TAN, JOHNNY TAN, HERMTNIGILDO CASALAN, WEBINO VILLAREAL, DIOSCOROMOLO, DAMACINO BAYAWA, EDGAR NARITA, YOLANDA NARITA, POLICRONIA CAPIONES, ANDRES LOZANO, GREGORIO YAGAO, EMILIANO GUMATAY, JESUS ALCONTIN, ADAM DULAUON, MARIO PEREZ, LARRY CEMAFRANCA, FELIXBERTO BULADACO, CIPRIANOAHIT, BUENAVENTURA B ACALSO AND SALDE ESPIA, Respondents.

  • G.R. No. 196415, December 02, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TOLEDO POWER COMPANY, Respondent.; G.R. No. 196451 - TOLEDO POWER COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 221318, December 16, 2015 - KABATAAN PARTY-LIST, REPRESENTED BY REPRESENTATIVE JAMES MARK TERRY L. RIDON AND MARJOHARA S. TUCAY; SARAH JANE I. ELAGO, PRESIDENT OF THE NATIONAL UNION OF STUDENTS OF THE PHILIPPINES; VENCER MARI E. CRISOSTOMO, CHAIRPERSON OF THE ANAKBAYAN; MARC LINO J. ABILA, NATIONAL PRESIDENT OF THE COLLEGE EDITORS GUILD OF THE PHILIPPINES; EINSTEIN Z. RECEDES, DEPUTY SECRETARY- GENERAL OF ANAKBAYAN; CHARISSE BERNADINE I. BAÑEZ, CHAIRPERSON OF THE LEAGUE OF FILIPINO STUDENTS; ARLENE CLARISSE Y. JULVE, MEMBER OF ALYANSA NG MGA GRUPONG HALIGI NG AGHAM AT TEKNOLOHIYA PARA SA MAMAMAYAN (AGHAM); AND SINING MARIA ROSA L. MARFORI, Petitioners, v. COMMISSION ELECTIONS, ON, Respondent.

  • G.R. Nos. 197096-97, December 07, 2015 - ANTONIO Z. KING, HEREIN REPRESENTED BY HIS ATTORNEY-IN-FACT, EDGARDO SANTOS, Petitioner, v. FRANCISCO A. ROBLES, ANTONIO T. DATU, RENE A. MASILUNGAN, RESTITUTO S. SOLOMON, RODRIGO MENDOZA, ROMEO MENDOZA REYNALDO DATU, JOSEPH TIU, TERESITA TIU, ROGELIO GEBILAGUIN AND PRESCILLA GEBILAGUIN, Respondent.

  • G.R. No. 207112, December 08, 2015 - PILIPINAS TOTAL GAS, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 210855, December 09, 2015 - ROLANDO S. ABADILLA, JR., Petitioner, v. SPOUSES BONIFACIO P. OBRERO AND BERNABELA N. OBRERO, AND JUDITH OBRERO-TIMBRESA, Respondent.

  • G.R. No. 199314 [Formerly UDK No. 14553], December 07, 2015 - TAMBLOT SECURITY & GENERAL SERVICES, INC., Petitioner, v. FLORENCIO ITEM, LEONARDO PALM A, RTCARDO UCANG, FLORENCRO AMORA, REYNALDO DANO, APOLLO JOTOJOT, TEODORO BARONG, JUAN T. CUSI, TEODORO DE LOS REYES, EFREN ESCOL, JOVANNE COSE, DARIO S. GEALON, JULIO ESPADA AND DARIO PAJE, Respondent.

  • G.R. No. 192659, December 02, 2015 - PHILIPPINE RACE HORSE TRAINER'S ASSOCIATION, INC., Petitioner, v. PIEDRAS NEGRAS CONSTRUCTION AND DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 218787, December 08, 2015 - LEO Y. QUERUBIN, MARIA CORAZON M. AKOL, AND AUGUSTO C. LAGMAN, Petitioners, v. COMMISSION ON ELECTIONS EN BANC, REPRESENTED BY CHAIRPERSON J. ANDRES D. BAUTISTA, AND JOINT VENTURE OF SMARTMATIC-TIM CORPORATION, TOTAL INFORMATION MANAGEMENT CORPORATION, SMARTMATIC INTERNATIONAL HOLDING B.V. AND JARLTECH INTERNATIONAL CORPORATION, REPRESENTED BY PARTNER WITH BIGGEST EQUITY SHARE, SMARTMATIC-TIM CORPORATION, ITS GENERAL MANAGER ALASTAIR JOSEPH JAMES WELLS, SMARTMATIC CHAIRMAN LORD MALLOCH-BROWN, SMARTMATIC-ASIA PACIFIC PRESIDENT CESAR FLORES, AND ANY OR ALL PERSONS ACTING FOR AND ON BEHALF OF THE JOINT VENTURE, Respondent.

  • G.R. No. 179814, December 07, 2015 - WILFRED N.CHIOK, Petitioner, v. PEOPLE OF THE PHILIPPINES AND RUFINA CHUA, Respondents.; G.R. No. 180021 - RUFINA CHUA, Petitioner, v. WILFRED N. CHIOK, AND THE PEOPLE OF THE PHILIPPINES (AS AN UNWILLING CO-PARTY PETITIONER), Respondent.

  • G.R. No. 209324, December 09, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF CUSTOMS, Petitioner, v. PILIPINAS SHELL PETROLEUM CORPORATION, Respondent.

  • G.R. No. 213832, December 07, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GILBERT MERCADO A.K.A. "BONG", Accused-Appellant.

  • G.R. No. 198270, December 09, 2015 - ARMILYN MORILLO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND RICHARD NATIVIDAD, Respondent.

  • G.R. No. 215201, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARK ANTHONY ROAQUIN Y NAVARRO, Accused-Appellant.

  • G.R. No. 203918, December 02, 2015 - SPOUSES AMADOR C. CAYAGO, JR. AND ERMALINDA B. CAYAGO, Petitioners, v. SPOUSES EVELITO CANTARA AND SOLEDAD CANTARA, Respondents.

  • G.R. No. 203397, December 09, 2015 - AUGUSTO ONG TRINIDAD II, AUGUSTO ONG TRINIDAD III FOR HIMSELF AND REPRESENTING LEVY ONG TRINIDAD AND ROHMEL ONG TRINIDAD, MARY ANN NEPOMUCENO TRINIDAD FOR HERSELF AND ASSISTING HER MINOR CHILDREN JOAQUIN GERARD N. TRINIDAD IV, JACOB GABRIEL N. TRINIDAD, AND JERED GYAN N. TRINIDAD, Petitioners, v. SPOUSES BONIFACIO PALAD AND FELICIDAD KAUSAPIN, Respondent.

  • G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND ENGR. JUANITO C. PAGCALIWAGAN, MANAGER, Petitioners, v. CAMILO ELARCOSA, MARLON BANDA, DANTE L. BALAMAD, RODRIGO COLANSE, CHIQUITO PACALDO, ROBINSON PANAGA, JUNIE ABUGHO, SBLVERIO NARISMA, ARMANDO GONZALES, TEOFILO ELBINA, FRANCISCO BAGUIO, GELVEN RHYAN RAMOS, JULITO SIMAN, RECARIDO PANES, JESUS TINSAY, AGAPITO CANAS, JR., OLIVER LOBAYNON, SIMEON BAGUIO, JOSEPH SALCEDO, DONIL INDINO, WILFREDO GULBEN, JESRILE TANIO, RENANTE PAMON, RICHIE GULBEN, DANIEL ELLO, REXY DOFELIZ, RONALD NOVAL, NORBERTO BELARGA, ALLAN BAGUIO, ROBERTO PAGUICAN, ROMEO PATOY, ROLANDO TACBOBO, WILFREDO LADRA, RUBEN PANES, RUEL CABANDAY, AND JUNARD ABUGHO, Respondent.

  • G.R. No. 188638, December 09, 2015 - PHILIPPINE TRANSMARINE CARRIERS, INC. AND NORTHERN MARINE MANAGEMENT, Petitioners, v. JOSELITO A. CRISTINO, DECEASED AND REPRESENTED BY HIS WIFE SUSAN B. BERDOS, Respondent.

  • G.R. No. 211543, December 09, 2015 - DOMINGO G. PANGANIBAN, Petitioner, v. PEOPLE OF THE PHILIPPINES., Respondent.

  • G.R. No. 209039, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MIRAFLOR UGANIEL LERIO, Accused-Appellant.

  • G.R. No. 209559, December 09, 2015 - ENCHANTED KINGDOM, INC., Petitioner, v. MIGUEL J. VERZO, Respondent.

  • G.R. No. 160399, December 09, 2015 - THE CITY OF ILOILO, REPRESENTED BY HON. MAYOR JERRY P. TREÑAS, Petitioner, v. HON. JUDGE RENE B. HONRADO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 29, ILOILO CITY, AND JPV MOTOR VEHICLE EMISSION TESTING & CAR CARE CENTER, CO., REPRESENTED BY JIM P. VELEZ, Respondent.

  • G.R. No. 159979, December 09, 2015 - CAPITAL INSURANCE AND SURETY CO., INC., Petitioner, v. DEL MONTE MOTOR WORKS, INC., Respondent.

  • G.R. No. 213696, December 09, 2015 - QUANTUM FOODS, INC., Petitioner, v. MARCELINO ESLOYO AND GLEN MAGSILA, Respondent.

  • G.R. No. 209040, December 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO PATEÑO DAYAPDAPAN, Accused-Appellant.

  • G.R. No. 166581, December 07, 2015 - SOLIDBANK CORPORATION, Petitioner, v. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, AND DANILO H. LAZARO, Respondents.; G.R. No. 167187 - DANILO H. LAZARO, Petitioner, v. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION AND SOLIDBANK CORPORATION, Respondents.

  • G.R. No. 200901, December 07, 2015 - SM INVESTMENTS CORPORATION, Petitioner, v. ESTELA MARFORI POSADAS, MARIA ELENA POSADAS AND AIDA MACARAIG POSADAS. Respondents.

  • G.R. No. 208113, December 02, 2015 - DOLORES DIAZ, Petitioner, v. PEOPLE OF THE PHILIPPINES AND LETICIA S. ARCILLA, Respondents.

  • G.R. No. 182375, December 02, 2015 - HADJA RAWIYA SUIB, Petitioner, v. EMONG EBBAH AND THE HONORABLE COURT OF APPEALS, 22ND DIVISION, MINDANAO STATION, CAGAYAN DE ORO CITY, Respondents.

  • G.R. No. 211210, December 02, 2015 - RADAR SECURITY & WATCHMAN AGENCY, INC., Petitioner, v. JOSE D. CASTRO, Respondent.

  • G.R. No. 213814, December 02, 2015 - RAFAEL B. QUILLOPA, Petitioner, v. QUALITY GUARDS SERVICES AND INVESTIGATION AGENCY AND ISMAEL BASABICA, JR., Respondents.

  • G.R. No. 193964, December 02, 2015 - ENGINEER BEN Y. LIM, RBL FISHING CORPORATION, PALAWAN AQUACULTURE CORPORATION, AND PENINSULA SHIPYARD CORPORATION, Petitioners, v. HON. SULPICIO G. GAMOSA, OFFICER-IN-CHARGE, NCIP REGIONAL HEARING OFFICE, REGION IV AND TAGBANUA INDIGENOUS CULTURAL COMMUNITY OF BARANGAY BUENAVISTA, CORON, PALAWAN, AS REPRESENTED BY FERNANDO P. AGUIDO, ERNESTO CINCO, BOBENCIO MOSQUERA, JURRY CARPIANO, VICTOR BALBUTAN, NORDITO ALBERTO, EDENG PESRO, CLAUDINA BAQUID, NONITA SALVA, AND NANCHITA ALBERTO, Respondents.

  • G.R. No. 197792, December 09, 2015 - CIVIL SERVICE COMMISSION, Petitioner, v. MADLAWI B. MAGOYAG, Respondent.

  • G.R. No. 192947, December 09, 2015 - MELANIE E. DE OCAMPO, Petitioner, v. RPN-9/RADIO PHILIPPINES NETWORK, INC., Respondent.

  • G.R. No. 204172, December 09, 2015 - HON. HERMOGENES E. EBDANE, JR., IN HIS OFFICIAL CAPACITY AS ACTING SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), ATTY. JOEL L. JACOB, IN HIS OFFICIAL CAPACITY AS OFFICER-IN-CHARGE, LEGAL SERVICE (DPWH), ATTY. OLIVER T. RODULFO, IN HIS OFFICIAL CAPACITY AS HEAD, INTERNAL AFFAIRS OFFICE, (DPWH), AND HON. JAIME A. PACANAN, IN HIS OFFICIAL CAPACITY AS REGIONAL DIRECTOR, (DPWH), REGIONAL OFFICE NO. VIII, Petitioners, v. ALVARO Y. APURILLO, ERDA P. GABRIANA, JOCELYN S. JO, IRAIDA R. LASTIMADO, AND FRANCISCO B. VINEGAS, JR., Respondents.

  • G.R. No. 215424, December 09, 2015 - ADINA B. MANANSALA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 179741, December 09, 2015 - HEIRS OF SPOUSES HILARIO MARINAS AND BERNARDINA N. MARINAS, Petitioners, v. BERNARDO FRIANEZA, RODRIGO FRIANEZA, ALEJANDRA FRIANEZA, HILARIO VILLENA, SATURNINO VILLENA, FEDERICO FLORES, PEDRO FLORES AND MARCELINA RAMOS, Respondents.

  • G.R. No. 190482, December 09, 2015 - DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY MS. FRITZI C. PANTOJA IN HER CAPACITY AS PROVINCIAL AGRARIAN REFORM OFFICER OF LAGUNA, Petitioner, v. IGMIDIO D. ROBLES, RANDY V. ROBLES, MARY KRIST B. MALIMBAN, ANNE JAMAICA G. ROBLES, JOHN CARLO S. ROBLES AND CHRISTINE ANN V. ROBLES, Respondents.

  • G.R. No. 212825, December 07, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. NEXT MOBILE, INC. (FORMERLY NEXTEL COMMUNICATIONS PHILS., INC.), Respondent.

  • G.R. No. 174387, December 09, 2015 - BF CORPORATION, Petitioner, v. WERDENBERG INTERNATIONAL CORPORATION, Respondent.

  • G.R. No. 209689, December 02, 2015 - MARISSA B. QUIRANTE, Petitioner, v. OROPORT CARGO HANDLING SERVICES, INC., ET AL. Respondents.

  • G.R. No. 202877, December 09, 2015 - NARRA NICKEL MINING AND DEVELOPMENT CORPORATION, TESORO MINING AND DEVELOPMENT, INC., AND MCARTHUR MINING, INC., Petitioners, v. REDMONT CONSOLIDATED MINES CORPORATION, Respondent.

  • G.R. No. 202947, December 09, 2015 - ASB REALTY CORPORATION, Petitioner, v. ORTIGAS & COMPANY LIMITED PARTNERSHIP, Respondent.

  • G.R. No. 213229, December 09, 2015 - FILINVEST ALABANG, INC., Petitioner, v. CENTURY IRON WORKS, INC., Respondent.

  • G.R. No. 210215, December 09, 2015 - ROGELIO S. NOLASCO, NICANORA N. GUEVARA, LEONARDA N. ELPEDES, HEIRS OF ARNULFO S. NOLASCO, AND REMEDIOS M. NOLASCO, REPRESENTED BY ELENITA M. NOLASCO Petitioners, v. CELERINO S. CUERPO, JOSELITO ENCABO, JOSEPH ASCUTIA, AND DOMILO LUCENARIO, Respondents.

  • G.R. No. 206942, December 09, 2015 - VICENTE C. TATEL, Petitioner, v. JLFP INVESTIGATION AND SECURITY AGENCY, INC., JOSE LUIS F. PAMINTUAN, AND/OR PAOLO C. TURNO, Respondents.

  • G.R. No. 209271, December 08, 2015 - INTERNATIONAL SERVICE FOR THE ACQUISITION OF AGRI-BIOTECH APPLICATIONS, INC., Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASIÑO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.; CROP LIFE PHILIPPINES, INC., Petitioner-in-Intervention.; G.R. No. 209276 - ENVIRONMENTAL MANAGEMENT BUREAU OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, BUREAU OF PLANT INDUSTRY AND FERTILIZER AND PESTICIDE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE, Petitioners, v. COURT OF APPEALS, GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, RESPONDENTS. CROP LIFE PHILIPPINES, INC. Petitioner-in-Intervention.; G.R. No. 209301 - UNIVERSITY OF THE PHILIPPINES LOS BANOS FOUNDATION, INC., Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. HARRY R. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.; G.R. No. 209430 - UNIVERSITY OF THE PHILIPPINES, Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKAAT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, ATTY. HARRY R. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN AND EDWIN MARTHINE LOPEZ, Respondents.

  • G.R. No. 169694, December 09, 2015 - MEGAWORLD PROPERTIES AND HOLDINGS, INC., EMPIRE EAST LAND HOLDINGS, INC., AND ANDREW L. TAN, Petitioners, v. MAJESTIC FINANCE AND INVESTMENT CO., INC., RHODORA LOPEZ-LIM, AND PAULINA CRUZ, Respondents.

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    G.R. No. 204275, December 09, 2015 - LILIOSA C. LISONDRA, Petitioner, v. MEGACRAFT INTERNATIONAL CORPORATION AND SPOUSES MELECIO AND ROSEMARIE OAMIL, Respondent.

      G.R. No. 204275, December 09, 2015 - LILIOSA C. LISONDRA, Petitioner, v. MEGACRAFT INTERNATIONAL CORPORATION AND SPOUSES MELECIO AND ROSEMARIE OAMIL, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    G.R. No. 204275, December 09, 2015

    LILIOSA C. LISONDRA, Petitioner, v. MEGACRAFT INTERNATIONAL CORPORATION AND SPOUSES MELECIO AND ROSEMARIE OAMIL, Respondent.

    D E C I S I O N

    CARPIO, J.:

    The Case


    Before this Court is a petition for review on certiorari under Rule 45 of the Rules of Court, assailing the Court of Appeals Resolutions in CA-G.R. SP No. 06178 dated 15 September 20111 and 10 October 2012,2 dismissing petitioner Liliosa C. Lisondra's petition for certiorari under Rule 65, and denying her motion for reconsideration, respectively.

    The Facts

    The petition stems from a case for illegal dismissal filed by petitioner against Megacraft International Corporation (Megacraft) and Spouses Melecio and Rosemarie Oamil (Spouses Oamil) before the National Labor Relations Commission (NLRC), 7th Division, Cebu City.

    On 2 June 2010, Labor Arbiter Emiliano C. Tiongco, Jr. rendered a Decision, the dispositive portion of which reads:
    WHEREFORE, premises considered, judgment is hereby rendered declaring the constructive dismissal of complainant.

    Respondents Megacraft and [S]pouses Melecio and Rosemarie Oamil are hereby ordered to jointly and severally pay complainant Lisondra the following:
    1. Backwages ------------------------
    P146,000.00
     
    2. Separation Pay ------------------------
    P 30,000.00
     
    3. Pro. 13th month pay 2009 -------
    P 7,291.62
     
    4. Moral Damages ------------------
    P 30,000.00
     
     
    P213,291.62
     
    5. Attorney's Fees ------------------
    P 21,329.16
     
    Total .........
    P234,620.78
     
    SO ORDERED.3ChanRoblesVirtualawlibrary
    Respondents appealed to the NLRC.

    On 31 January 2011, the NLRC, 7th Division promulgated a Resolution dismissing the appeal:
    WHEREFORE, the appeal of respondents is DISMISSED for failure to state the material date when they received the appealed Decision and for failure to comply with the requisites for the posting of a surety bond.

    SO ORDERED.4ChanRoblesVirtualawlibrary
    Respondents then filed a Motion for Reconsideration. On 31 March 2011, the NLRC, 7th Division reversed its earlier resolution:
    WHEREFORE, premises considered, the decision appealed from is hereby REVERSED AND SET ASIDE and a NEW ONE ENTERED declaring that complainant was not constructively dismissed herself [sic] from employment. Consequently, there is no basis for the grant of separation pay, backwages, moral damages and attorney's fees.

    SO ORDERED.5ChanRoblesVirtualawlibrary
    Petitioner moved for reconsideration of the 31 March 2011 Decision, which the NLRC, 7th Division denied in its 25 May 2011 Resolution.6

    Petitioner then filed a petition for certiorari under Rule 657 before the Court of Appeals.

    The Ruling of the Court of Appeals

    In the assailed 15 September 2011 Resolution, the Court of Appeals dismissed the petition because it suffered from the following "congenital infirmities":8
    1. [T]here was no proper proof of service of the Petition to the agency a quo and to the adverse parties. While petitioner filed her Affidavit of Service, and incorporated the registry receipts, petitioner still failed to comply with the requirement on proper proof of service. Post office receipt is not the required proof of service by registered mail. Section 10, Rule 13 of the 1997 Rules of Civil Procedure specifically stated that service by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, whichever is earlier. Verily, registry receipts cannot be considered as sufficient proof of service; they are merely evidence of the mail matter with the post office of the sender, not the delivery of said mail matter by the post office of the addressee;

    2. [W]hile the Petition indicated service of a copy thereof to the respondent's counsel, the Petition failed to incorporate therein a written explanation why the preferred personal mode of service to the agency a quo under Section 11, Rule 13 of of the 1997 Rules of Civil Procedure was not availed of;

    3. [Petitioner's counsel failed to indicate on the Petition his Roll of Attorney's Number, in violation of Bar Matter No. 1132 dated November 12, 2002;

    4. [T]he Notarial Certificate in the Verification and Certification of Non-Forum Shopping did not contain the province or city where the notary public was commissioned, in violation of Section 2 (c), Rule VIII of the 2004 Rules on Notarial Practice; and

    5. [W]hile petitioner resorted to judicial review of the March 31, 2011 Decision and the May 25, 2011 Resolution of the NLRC, a quasi-judicial body, under Rule 65 of the 1997 Rules of Civil Procedure, she failed to implead the NLRC as public respondent in the instant Petition, in transgression of Section 5, Rule 65 of the 1997 Rules of Civil Procedure.9
    Petitioner moved for reconsideration.10 On 10 October 2012, the Court of Appeals promulgated the assailed resolution denying the motion for reconsideration for lack of merit.11

    The Issue

    The issue in this case is whether the Court of Appeals erred in dismissing the petition for certiorari filed by petitioner.

    The Court's Ruling

    The petition is granted.

    Initially, the Court notes that the present petition itself barely complied with paragraph 2 of Section 1, Rule 65, that the "petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto x x x."

    The records of this case show that copies of the decision of the Labor Arbiter and the resolutions of the NLRC, 7th Division being assailed before the Court of Appeals were not attached to the petition. That alone would have been enough cause for this case to be dismissed outright.

    However, the Court finds that there is sufficient ground in this case for leniency in applying the rules of procedure, considering the opposing decisions of the Labor Arbiter and the NLRC, 7th Division.

    Since "technical rules of procedure are not to be strictly interpreted and applied in a manner that would defeat substantial justice or be unduly detrimental to the work force,"12 the Court may opt to relax these rules "in order to give full meaning to the constitutional mandate of affording full protection to labor."13

    What is at stake in this case is petitioner's livelihood itself. The Court cannot allow the same to be taken away from her without even a chance at a full and judicious review of the case by the Court of Appeals. Thus, there is a need to apply such leniency in this case in order to serve the ends of justice.

    Proof of Service

    The Court of Appeals erred in ruling that "while petitioner filed her Affidavit of Service, and incorporated the registry receipts, petitioner still failed to comply with the requirement on proper proof of service."14

    The requirement on proof of service of pleadings, judgments and other papers is provided under Section 13, Rule 13 of the Rules of Court, which states:
    SEC. 13. Proof of service.—Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with Section 7 of this Rule. If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof of the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee. (Emphasis supplied)
    Under this provision, if the service is done by registered mail, proof of service shall consist of the affidavit of the person effecting the mailing and the registry receipt, both of which must be appended to the paper being served.15

    In this case, the Court of Appeals itself acknowledged that the petition was accompanied by the affidavit of service and registry receipts.16

    The Court notes that mails sent thru the post office are very rarely, if indeed they even happen, received by the intended recipient on the same day they were posted. The Rule itself acknowledges this, hence, the need to specify that "[t]he registry return card shall be filed immediately upon its receipt by the sender." The more logical reading of the provision would be to require that the affidavit of service and registry receipt be attached to the pleading and such would comply with the rule on proper proof of service. However, a party is further required to submit the registry return card to the court "immediately upon its receipt by the sender."17

    In Province of Leyte v. Energy Development Corporation,18 the Court explained the purpose for the rule:
    Essentially, the purpose of this rule is to apprise such party of the pendency of an action in the CA. Thus, if such party had already been notified of the same and had even participated in the proceedings, such purpose would have already been served.19ChanRoblesVirtualawlibrary
    In this case, respondents were informed and even filed their Comment to the petition.20 Thus, the purpose of the rule had been achieved. It would have been "more prudent for the Court [of Appeals] to excuse a technical lapse and afford the parties a substantive review of the case in order to attain the ends of justice than to dismiss the same on mere technicalities."21

    Written Explanation

    Next, the Court of Appeals dismissed the petition on account of petitioner's failure to incorporate a written explanation on why the NLRC's copy was not personally served to the agency.

    Petitioner explained in her Motion for Reconsideration that her former counsel had died, which gave her little time to find and engage the services of her present counsel before the lapse of the period for filing the petition.22 That day that the pleadings were sent via registered mail was already the last day of filing, and with heavy rains at that time, her counsel had anticipated that they would not be able to beat the deadline in filing the petition before the Court of Appeals, prompting her counsel to resort to registered mail.

    Other grounds for dismissal

    As to the supposed failure to implead the NLRC, the Court finds that the NLRC was, in fact, impleaded in the case, based on the body of the petition.23 Under the section on Parties, the NLRC was named as one of the parties to the case.24 Clearly, the failure to include public respondent's name in the title was mere inadvertence.

    The other ground cited by the Court of Appeals, i.e., counsel's failure to indicate his roll number and the place of the notary public's commission, does not affect the merits of the petition. The appellate court could have simply asked petitioner's counsel to submit the information instead of dismissing the case outright. Likewise, we deem that petitioner should not be penalized for the omissions of her counsel and deserves to have her case properly ventilated at the appellate court.

    A last word

    Counsel's actions are binding on his client. Petitioner in this case would have had her entire case thrown out, with all hope for proper review and determination lost, through no fault of her own but merely because of her counsel's carelessness in preparing and filing the pleadings. It is only the Court's discretion that petitioner's cause needs a chance to be properly reviewed and reevaluated that has kept this case alive.

    Counsel is therefore reminded of his duty to "serve his client with competence and diligence"25 and ensure that the pleadings he files comply with all the requirements under the pertinent rules.

    WHEREFORE, the petition is GRANTED. The Resolutions of the Court of Appeals dated 15 September 2011 and 10 October 2012 in CA-G.R. SP No. 06178 are REVERSED and SET ASIDE. The case is REMANDED to the Court of Appeals-Cebu City for disposition on the merits.

    SO ORDERED.

    Castillo, Perez,*Mendoza, and Leonen, JJ., concur.chanrobleslaw

    Endnotes:


    * Designated acting member per Special Order No. 2301 dated 1 December 2015.

    1Rollo, pp. 23-26.

    2 Id. at 28-29.

    3 Id. at 11-12.

    4 Id. at 12.

    5 Id. at 13.

    6 Id.

    7 Id. at 36-61.

    8 Id. at 23.

    9 Id. at 24-25.

    10 Id. at 30-34.

    11 Id. at 29.

    12PNOC Dockyard and Engineering Corporation v. National Labor Relations Commission, 353 Phil. 431, 445 (1998).

    13 Id.

    14Rollo, p. 24.

    15Cruz v. Court of Appeals, 436 Phil. 641, 652 (2002). See also Fortune Life Insurance Company, Inc. v. Commission on Audit, G.R. No. 213525, 27 January 2015.

    16Rollo, p. 24.

    17 Section 13, Rule 13, Rules of Court.

    18 G.R. No. 203124, 22 June 2015.

    19 Id.

    20Rollo, p. 16.

    21Province of Leyte v. Energy Development Corporation, supra note 18, citing Barra v. Civil Service Commission, G.R. No. 205250, 18 March 2013, 693 SCRA 563.

    22Rollo, p. 31.

    23 Id. at 32.

    24 Id. at 38.

    25 Canon 18, Code of Professional Responsibility.

    G.R. No. 204275, December 09, 2015 - LILIOSA C. LISONDRA, Petitioner, v. MEGACRAFT INTERNATIONAL CORPORATION AND SPOUSES MELECIO AND ROSEMARIE OAMIL, Respondent.


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