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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. BAŅEZ, 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. TREŅAS, 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 PATEŅO 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 CASIŅO, 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. 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. 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.

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    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.

    D E C I S I O N

    PERLAS-BERNABE, J.:

    Assailed in this petition for review on certiorari1 are the Decision2 dated May 31, 2012 and the Resolution3 dated September 28, 2012 of the Court of Appeals (CA) in CA-G.R. SP No. 05432, which affirmed the Resolution4 dated August 5, 2010 of the Regional Trial Court of Tacloban City (RTC), Branch 34 in Civil Case No. 2006-06-75, setting aside the Formal Charge with Preventive Suspension5 dated December 22, 2005 (Formal Charge) issued by the Department of Public Works and Highways (DPWH) through petitioner - then Acting Secretary Hermogenes E. Ebdane, Jr. (Acting Sec. Ebdane) - against respondents Alvaro Y. Apurillo, Erda P. Gabriana, Jocelyn S. Jo, Iraida R. Lastimado, and Francisco B. Vinegas, Jr. (respondents), who were then DPWH Officials and Bids and Awards Committee (BAC) Members, on due process considerations.

    The Facts

    On October 17, 2005, Juanito R. Alama (Alama), DPWH Assistant Head of the BAC-Technical Working Group (BAC-TWG), received an anonymous complaint6 from an alleged concerned employee of the DPWH, Tacloban City, claiming that R.M. Padillo Builders (RMPB), a local contractor, won the bidding for the construction of the Lirang Revetment Project (subject project), despite its non-inclusion in the list of Registered Construction Firms (RCF) which were qualified to bid.7

    On October 26, 2005, Alama sent a 1st indorsement letter8 to petitioner Atty. Oliver T. Rodulfo (Atty. Rodulfo), DPWH Head of Internal Affairs Office, stating that under Department Order No. 2, Series of 2001 (DPWH DO No. 2),9 only contractors duly registered in the RCF and holding a valid Contractor's Registration Certificate issued by the BAC-TWG shall be allowed to participate in any bidding, per the requirement in the Invitation to Apply for Eligibility and to Bid.10

    On November 8, 2005, Atty. Rodulfo issued a Subpoena11 which directed Engr. Gervasio T. Baldos (Engr. Baldos), OIC District Engineer of the DPWH Tacloban City Sub-District Engineering Office (DPWH Sub-District Office), to answer/comment on the anonymous complaint and, accordingly, submit the following documents in relation to the award of the subject project to the allegedly unregistered contractor, namely: (1) Approved BAC Composition for Calendar Year 2005; (2) Invitation to Bid for the Construction of the subject project; (3) Eligibility Screening; (4) Abstract of Bids; (5) Resolution of Award; (6) Contract; (7) Notice of Award; (8) Notice to Proceed; (9) Disbursement Voucher for the Construction of the subject project, if any; and (10) Statement of Work Accomplished as of November, 2005.12

    Atty. Rodulfo proceeded to investigate on the matter and, thereafter, forwarded his Investigation Report dated November 21, 200513 to Acting Sec. Ebdane, finding that RMPB was indeed not a duly registered contractor at the time of the bidding. Atty. Rodulfo, thus, recommended that the officials of the DPWH Sub-District Office be administratively charged with Gross Misconduct and that they be placed on preventive suspension for a period of ninety (90) days.14

    On December 22, 2005, Acting Sec. Ebdane issued the Formal Charge against respondents, who were then DPWH Officials and BAC Members, for Grave Misconduct. In the said issuance, respondents were: (a) directed to file their answer, together with supporting evidence; (b) given the option to elect or waive the conduct of a formal investigation; and (c) placed under preventive suspension for a period of ninety (90) days.15

    In their Answer with Motion to Dismiss and to Lift Ordgr of Preventive Suspension16 (first Answer) filed on January 13, 2006, respondents argued, among others, that they were not in any position to answer the Formal Charge against them due to lack of basis.l7 In this relation, they pointed out that aside from the fact that RMPB had firmly expressed in its duly sworn letter of intent that it was a registered contractor with the DPWH, it was not their duty to determine whether a contractor is a registered contractor with the DPWH Notarial Registry of Civil Works Contractors.18 As such, respondents prayed for the dismissal of the Formal Charge and the lifting of the preventive suspension order against them. Further, they expressly waived their rights to a formal hearing, and sought instead, that the case against them be decided based on the records submitted.19

    Five (5) months later,20 respondents were re-issued the same Formal Charge, to which they filed their Answer with Manifestation21 (second Answer), reiterating their previous statements, and further alleging that the DPWH Sub-District Office never required them to submit a counter-affidavit/comment, as in fact, it was only Engr. Baldos who had been issued a Subpoena to submit an answer/explanation regarding the alleged irregularities in the bidding for the subject project.22 Moreover, respondents averred that the Formal Charge served upon them did not state the nature and substance of the charge/s hurled against them. For these reasons, respondents demanded that a formal investigation be conducted.23

    Without waiting for the DPWH's action, respondents filed on June 27, 2006 a petition for certiorari and prohibition24 (June 27, 2006 petition) before the RTC, docketed as Civil Case No. 2006-06-75, alleging that there was a violation of their right to due process since: (a) they were not made to comment on the anonymous complaint;25 and (b) no preliminary investigation was conducted prior to the issuance of the Formal Charge.26

    On June 28, 2006, the RTC-Branch 9 issued a temporary restraining order27 against the implementation of the preventive suspension order (Formal Charge), which was later converted by the RTC-Branch 34 to a writ of preliminary injunction28 on July 12, 2006.29

    On December 18, 2006, petitioners filed a Motion to Dismiss,30 claiming non-exhaustion of administrative remedies and failure to state a cause of action,31 but was denied in an Order32 dated July 28, 2008;33 hence, they filed their comment34 dated September 25, 2008.

    The RTC Ruling

    In a Resolution35 dated August 5, 2010, the RTC-Branch 34 set aside the Formal Charge. It held that respondents' rights to administrative due process were violated when they were deprived of the opportunity to file their comment/memorandum prior to, or during the preliminary or fact-finding investigation conducted by Atty. Rodulfo,36 which violation was deemed to involve a purely legal question, hence, an exception to the rule on exhaustion of administrative remedies.37 However, the RTC clarified that its ruling was not intended to prevent or avert the DPWH from pursuing any separate administrative action against respondents, pointing out that they have not been absolved from any administrative liability.38

    Dissatisfied, petitioners appealed to the CA, claiming, among others, that respondents' June 27, 2006 petition before the RTC was filed out of time, as they only had until March 11, 2006, i.e., sixty (60) days from the day they first received the Formal Charge on January 10, 2006, to do so.39

    The CA Ruling

    In a Decision40 dated May 31, 2012, the CA affirmed the RTC Resolution, On the procedural error, it held that petitioners were estopped from raising the untimely filing of the June 27, 2006 petition by reason of their silence or failure to object to the same before the RTC.41 On the merits, it ruled that the issuance of the Formal Charge against respondents, without complying with the mandated preliminary investigation, or at least giving respondents the opportunity to comment or submit their counter-affidavits, violated their due process rights.42 In this regard, the CA found that Section 11, Rule II of the Uniform Rules on Administrative Cases in the Civil Service43 (URACCS) requires that respondents be given the opportunity to comment and explain their side during a preliminary investigation conducted prior to the issuance of a Formal Charge and that such comment is different from the Answer that respondents may file thereafter.44 Moreover, the CA pronounced that a violation of the right to due process is an admitted exception to the rule of exhaustion of administrative remedies.45

    Aggrieved, petitioners moved for reconsideration,46 which was denied in a Resolution47 dated September 28, 2012; hence, this petition.

    The Issue Before the Court

    The linchpin issue in this case is whether or not respondents' due process rights were violated.

    The Court's Ruling

    The petition is meritorious.

    The essence of procedural due process is embodied in the basic requirement of notice and a real opportunity to be heard. In administrative proceedings, as in the case at bar, procedural due process simply means the opportunity to explain one's side or the opportunity to seek a reconsideration of the action or ruling complained of. "To be heard" does not mean only verbal arguments in court; one may also be heard thru pleadings. Where opportunity to be heard, either through oral arguments or pleadings, is accorded, there is no denial of procedural due process.48

    In Vivo v. Philippine Amusement and Gaming Corporation,49 the Court ruled that any procedural defect in the proceedings taken against the government employee therein was cured by his filing of a motion for reconsideration and by his appealing the adverse result to the administrative agency (in that case, the Civil Service Commission [CSC]).50 Also, in Gonzales v. CSC,51 it was held that any defect in the observance of due process is cured by the filing of a motion for reconsideration, and that denial of due process cannot be successfully invoked by a party who was afforded the opportunity to be heard.52 Similarly, in Autencio v. Maņara,53 the Court observed that defects in procedural due process may be cured when the party has been afforded the opportunity to appeal or to seek reconsideration of the action or ruling complained of.54

    In this case, the Court finds that while there were missteps in the proceedings conducted before the DPWH, namely: (a) respondents were not made to file their initial comment on the anonymous complaint; and (b) no preliminary investigation was conducted before the filing of the Formal Charge against them, contrary to the sequential procedure under the URACCS,55 they were, nonetheless, accorded a fair opportunity to be heard when the Formal Charge directed them:
    Wherefore, you are hereby directed to submit within ten (10) days from receipt hereof your detailed answer to the above stated charge in writing and under oath, together with whatever evidence you may desire to present in support of your defense.

    In your answer, you should state whether you elect to have a formal investigation of the charge against you or waive your right to such an investigation.

    If you fail to submit your answer within the period aforestated, you will be deemed in default and the case against you will be decided on the basis of the available records.

    x x x x56ChanRoblesVirtualawlibrary
    Accordingly, respondent filed their first Answer on January 13, 2006, wherein they had presented their position before the agency, and more significantly, expressly waived their rights to a formal hearing, as they sought instead, that the case against them be decided based on the records submitted:

    PRAYER
    WHEREFORE, facts and premises, respondents most respectfully pray to the Hon. Secretary that the instant Formal Charge be DISMISSED, and pending such dismissal, respondents pray that the Order for the Preventive Suspension be LIFTED and SET ASIDE. Herein respondents hereby waive their rights to a formal hearing and that the said case be decided based on records submitted.

    MOST RESPECTFULLY SUBMITTED.57 (Emphasis and underscoring supplied)
    Hence, whatever procedural lapses the DPWH had committed, the same had already been cured by the foregoing filing.

    It deserves mentioning that while the Court, in Garcia v. Molina,58 had, on due process considerations, previously set aside formal charges for having been issued without the benefit of a prior preliminary investigation under the URACCS, said ruling is inapplicable to this case, since the government employees who were charged therein did not waive their right to such hearing, unlike the present case where respondents themselves filed an express waiver to a formal hearing as above-shown.

    Thus, having established that there was no violation of respondents' rights to administrative due process, the CA incorrectly exempted respondents from compliance with the rule on exhaustion of administrative remedies.59 They are therefore required to go through the full course of the administrative process where they are still left with remedies. As case law states, a party with an administrative remedy must not merely initiate the prescribed administrative procedure to obtain relief, but also pursue it to its appropriate conclusion before seeking judicial intervention.60 If a remedy within the administrative machinery can still be resorted to by giving the administrative officer concerned every opportunity to decide on a matter that comes within his jurisdiction, then such remedy should be exhausted first before the court's judicial power can be sought.61

    WHEREFORE, the petition is GRANTED. The Decision dated May 31, 2012 and the Resolution dated September 28, 2012 of the Court of Appeals in CA-G.R. SP No. 05432 are hereby SET ASIDE. Accordingly, the case is REMANDED to the Department of Public Works and Highways Tacloban City Sub-District Office for the continuation of the administrative proceedings against respondents Alvaro Y. Apurillo, Erda P. Gabriana, Jocelyn S. Jo, Iraida R. Lastimado, and Francisco B. Vinegas, Jr.

    SO ORDERED.chanroblesvirtuallawlibrary

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

    Endnotes:


    1Rollo, pp. 9-36.

    2 Id. at 38-52. Penned by Associate Justice Pampio A. Abarintos with Associate Justices Victoria Isabel A. Paredes and Pamela Ann Abeila Maxino concurring.

    3 Id. at 53-54. Penned by Associate Justice Pampio A. Abarintos with Associate Justices Pamela Ann Abella Maxino and Melchor Q.C. Sadang concurring.

    4 Id. at 120-127. Penned by Presiding Judge Frisco T. Lilagan.

    5 Released on January 6, 2006. Id. at 66.

    6 See letter received by the DPWH Office on October 21, 2005; id. at 67.

    7 Id. at 40.

    8 Not attached to the rollo.

    9 Entitled "GUIDELINES IN THE ELIGIBILITY PROCESSING OF CONTRACTORS FOR CIVIL WORKS PROJECTS," issued on January 3, 2001.

    10 See Item 2 of DPWH DO No. 2. See also rollo, p. 40.

    11Rollo, p. 65.

    12 Id.   

    13 Not attached to the rollo.

    14Rollo, p. 41.

    15 Id. at 66.

    16 Dated January 13, 2006. Id. at 68-72.

    17 Id. at 69.

    18 Id. at 69-70.

    19 Id. at 72.

    20 Or on June 7, 2006. See id. at 73.

    21 Filed on June 13, 2006. Id. at 73-74.

    22 Id. at 73.

    23 Id. at 74.

    24 With prayer for the issuance of a temporary restraining order and/or preliminary injunction dated June 27, 2006. Id. at 55-62.

    25 See id. at 60-61.

    26 See id. at 58-59.

    27Rollo, pp. 76-77. Penned by Vice-Executive Judge Rogelio C. Sescon.

    28 Id. at 85-86. Penned by Presiding Judge Frisco T. Lilagan.

    29 Erroneously dated as "July 12, 2005" in the CA Decision; see id. at 43.

    30 Dated December 7, 2006. Id. at 78-84.

    31 Id. at 78.

    32 Id. at 89-95.

    33 See id. at 42-45.

    34 With Special and Affirmative Defenses. Id. at 96-110.

    35 Id. at 120-127.

    36 See id. at 126.

    37 Id. at 123.

    38 Id. at 126-127.

    39 Citing Section 4, Rule 65 of the Rules of Court. See id. at 46.

    40 Id. at 38-52.

    41 Id. at 46.

    42 Id. at 49.

    43 Civil Service Commission Resolution No. 99-1936 entitled "UNIFORM RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE" (approved on August 31, 1999)

    44Rollo, p. 48.

    45 Id. at 50-51.

    46 Copy of the motion for reconsideration is not attached to the rollo.

    47Rollo, pp. 53-54.

    48Department of Agrarian Reform v. Samson, 577 Phil. 370, 380 (2008), citing Casimiro v. Tandog, 498 Phil. 660, 666 (2005).

    49 G.R. No. 187854, November 12, 2013, 709 SCRA 276.

    50 See id. at 285.

    51 524 Phil. 271 (2006).

    52 Id. at 278.

    53 489 Phil. 752 (2005).

    54 Id. at 760-761.

    55 The [URACCS] lays down the procedure to be observed in issuing a formal charge against an erring employee, to wit:
    First, the complaint. A complaint against a civil service official or employee shall not be given due course unless it is in writing and subscribed and sworn to by the complainant. However, in cases initiated by the proper disciplining authority, the complaint need not be under oath. Except when otherwise provided for by law, an administrative complaint may be filed at anytime with the Commission, proper heads of departments, agencies, provinces, cities, municipalities and other instrumentalities.

    Second, the Counter-Affidavit/Comment. Upon receipt of a complaint which is sufficient in form and substance, the disciplining authority shall require the person complained of to submit Counter-Affidavit/Comment under oath within three days from receipt.

    Third, Preliminary Investigation. A Preliminary investigation involves the ex parte examination of records and documents submitted by the complainant and the person complained of, as well as documents readily available from other government offices. During said investigation, the parties are given the opportunity to submit affidavits and counter-affidavits. Failure of the person complained of to submit his counter-affidavit shall be considered as a waiver thereof.

    Fourth, Investigation Report. Within five (5) days from the termination of the preliminary investigation, the investigating officer shall submit the investigation report and the complete records of the case to the disciplining authority.

    Fifth, Formal Charge. If a prima facie case is established during the investigation, a formal charge shall be issued by the disciplining authority. A formal investigation shall follow. In the absence of a prima facie case, the complaint shall be dismissed. (Garcia v. Molina, 642 Phil. 6, 19-20 [2010], emphases supplied.)
    56Rollo, p. 66.

    57 Id. at 72.

    58 Supra note 55.

    59 "[T]his Court has allowed certain exceptions to the doctrine of exhaustion of administrative remedies, such as: 1) when there is a violation of due process; x x x." (Laguna CATV Network, Inc v. Maraan, 440 Phil. 734, 742 (2002).

    60Smart Communications, Inc. v. Aldecoa, G.R. No. 166330, September 11, 2013, 705 SCRA 392, 413, citation omitted.

    61Republic v. Transunion Corporation, G.R. No. 191590, April 21, 2014, 722 SCRA 273, 280.

    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.


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