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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
 

   
March-2015 Jurisprudence                 

  • A.C. No. 7158, March 09, 2015 - YOLANDA A. ANDRES, MINETTE A. MERCADO, AND ELITO P. ANDRES , Complainants, v. ATTY. SALIMATHAR V. NAMBI, Respondent.

  • A.C. No. 5816, March 10, 2015 - DR. ELMAR O. PEREZ, Complainant, v. ATTY. TRISTAN A. CATINDIG AND ATTY. KAREN E. BAYDO, Respondents.

  • G.R. No. 211497, March 18, 2015 - HOCHENG PHILIPPINES CORPORATION, Petitioner, v. ANTONIO M. FARRALES, Respondent.

  • G.R. No. 190828, March 16, 2015 - ONOFRE V. MONTERO, EDGARDO N. ESTRAÑERO, RENING P. PADRE, GABRIEL A. MADERA, HERMINIO T. TACLA, NELSON C. VILORIA, DEMETRIO Q. PAJARILLO, ALFREDO R. AGANON, REYNALDO AVILA, ALBERT T. RUIZ, NESTOR Y. YAGO, HARTY M. TUPASI, AGUSTIN R. AVILA, JR. OR MARCOS R. AVILA, BONIFACIO B. GAANO, JOSELITO D. CUENTA, JONAS P. ESTILONG, DOMINADOR C. CANARIA, GENARO C. RONDARIS, HERARDO M. DULAY, FRANKLIN A. RAVINA, JR., AND RUBEN C. CABELLO, Petitioners, v. TIMES TRANSPORTATION CO., INC., AND SANTIAGO RONDARIS, MENCORP TRANSPORT SYSTEMS, INC., VIRGINIA R. MENDOZA AND REYNALDO MENDOZA, Respondents.

  • A.C. No. 7593, March 11, 2015 - ALVIN S. FELICIANO, Complainant, v. ATTY. CARMELITA BAUTISTA-LOZADA, Respondents.

  • G.R. No. 195661, March 11, 2015 - UNKNOWN OWNER OF THE VESSEL M/V CHINA JOY, SAMSUN SHIPPING LTD., AND INTER-ASIA MARINE TRANSPORT, INC., Petitioners, v. ASIAN TERMINALS, INC., Respondent.

  • A.C. No. 5914, March 11, 2015 - SPOUSES ROGELIO AMATORIO AND AIDA AMATORIO, Complainants, v. ATTY. FRANCISCO DY YAP AND ATTY. WHELMA F. SITON-YAP, Respondents.

  • G.R. No. 215630, March 09, 2015 - METROGUARDS SECURITY AGENCY CORPORATION (FORMERLY KNOWN AS BEEGUARDS CORPORATION) AND MS. MILAGROS T. CHAN, Petitioners, v. ALBERTO N. HILONGO, Respondent.

  • G.R. No. 199113, March 18, 2015 - RENATO M. DAVID, Petitioner, v. EDITHA A. AGBAY AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 205300, March 18, 2015 - FONTERRA BRANDS PHILS., INC., Petitioner, v. LEONARDO1 LARGADO AND TEOTIMO ESTRELLADO, Respondents.

  • G.R. No. 206019, March 18, 2015 - PHILIPPINE NATIONAL BANK, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 204757, March 17, 2015 - ATTY. JANET D. NACION, Petitioner, v. COMMISSION ON AUDIT, MA. GRACIA PULIDO-TAN, JUANITO ESPINO AND HEIDI MENDOZA, Respondents.

  • G.R. No. 187836, March 10, 2015 - SOCIAL JUSTICE SOCIETY (SJS) OFFICERS, NAMELY, SAMSON S. ALCANTARA, AND VLADIMIR ALARIQUE T. CABIGAO, Petitioners, v. ALFREDO S. LIM, IN HIS CAPACITY AS MAYOR OF THE CITY OF MANILA, Respondent.; G.R. No. 187916 - JOSE L. ATIENZA, JR., BIENVINIDO M. ABANTE, MA. LOURDES M. ISIP-GARCIA, RAFAEL P. BORROMEO JOCELYN DAWIS-ASUNCION, MINORS MARIAN REGINA B. TARAN, MACAILA RICCI B. TARAN, RICHARD KENNETH B. TARAN, REPRESENTED AND JOINED BY THEIR PARENTS RICHARD AND MARITES TARAN, MINORS CZARINA ALYSANDRA C. RAMOS, CEZARAH ADRIANNA C. RAMOS, AND CRISTEN AIDAN C. RAMOS REPRESENTED AND JOINED BY THEIR MOTHER DONNA C. RAMOS, MINORS JAZMIN SYLLITA T. VILA AND ANTONIO T. CRUZ IV, REPRESENTED AND JOINED BY THEIR MOTHER MAUREEN C. TOLENTINO, Petitioners, v. MAYOR ALFREDO S. LIM, VICE MAYOR FRANCISCO DOMAGOSO, COUNCILORS ARLENE W. KOA, MOISES T. LIM, JESUS FAJARDO LOUISITO N. CHUA, VICTORIANO A. MELENDEZ, JOHN MARVIN C. NIETO, ROLANDO M. VALERIANO, RAYMUNDO R. YUPANGCO, EDWARD VP MACEDA, RODERICK D. VALBUENA, JOSEFINA M. SISCAR, SALVADOR PHILLIP H. LACUNA, LUCIANO M. VELOSO, CARLO V. LOPEZ, ERNESTO F. RIVERA,1 DANILO VICTOR H. LACUNA, JR., ERNESTO G. ISIP, HONEY H. LACUNA-PANGAN, ERNESTO M. DIONISO, JR. AND ERICK IAN O. NIEVA, Respondents.; CHEVRON PHILIPPINES INC., PETRON CORPORATION AND PILIPINAS SHELL PETROLEUM CORPORATION, Intervenors.

  • G.R. No. 187606, March 09, 2015 - NORMA V. JAVATE, Petitioner, v. SPOUSES RENATO J. TIOTUICO AND LERMA C. TIOTUICO, Respondents.

  • G.R. No. 207133, March 09, 2015 - SWIRE REALTY DEVELOPMENT CORPORATION, Petitioner, v. JAYNE YU, Respondent.

  • G.R. No. 207747, March 11, 2015 - SPOUSES CHIN KONG WONG CHOI AND ANA O. CHUA, Petitioners, v. UNITED COCONUT PLANTERS BANK, Respondent.

  • G.R. No. 209383, March 11, 2015 - SEACREST MARITIME MANAGEMENT, INC., ROLANDO B. MAGCALE, AND SEALION SHIPPING LIMITED – UNITED KINGDOM, Petitioners, v. MAURICIO G. PICAR, JR., Respondent.

  • G.R. No. 183511, March 25, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. EMETERIA G. LUALHATI, Respondent.

  • A.C. No. 10679, March 10, 2015 - PO1 JOSE B. CASPE, Complainant, v. ATTY. AQUILINO A. MEJICA, Respondent.

  • G.R. No. 203774, March 11, 2015 - CARGILL PHILIPPINES, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 198024, March 16, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAFAEL CUNANAN Y DAVID ALIAS “PAENG PUTOL”, Accused-Appellant.

  • G.R. No. 212054, March 11, 2015 - ST. LUKE’S MEDICAL CENTER, INC., Petitioner, v. MARIA THERESA V. SANCHEZ, Respondent.

  • G.R. No. 200983, March 18, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. HUANG TE FU, A.K.A. ROBERT UY, Respondent.

  • G.R. No. 175433, March 11, 2015 - ATTY. JACINTO C. GONZALES, Petitioner, v. MAILA CLEMEN F. SERRANO, Respondent.

  • G.R. No. 201427, March 18, 2015 - TEOFILO B. ADOLFO, Petitioner, v. FE. T. ADOLFO, Respondent.

  • G.R. No. 155701, March 11, 2015 - LIM TECK CHUAN, Petitioner, v. SERAFIN UY AND LEOPOLDA CECILIO, LIM SING CHAN @ HENRY LIM, Respondents.

  • G.R. No. 176908, March 25, 2015 - PURISIMO M. CABAOBAS, EXUPERIO C. MOLINA, GILBERTO V. OPINION, VICENTE R. LAURON, RAMON M. DE PAZ, JR., ZACARIAS E. CARBO, JULITO G. ABARRACOSO, DOMINGO B. GLORIA, AND FRANCISCO P. CUMPIO, Petitioners, v. PEPSI-COLA PRODUCTS, PHILIPPINES, INC., Respondents.

  • G.R. No. 200620, March 18, 2015 - ROBERTO L. ABAD, MANUEL D. ANDAL, BENITO V. ARANETA, PHILIP G. BRODETT, ENRIQUE L. LOCSIN AND ROBERTO V. SAN JOSE, Petitioners, v. PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION, REPRESENTED BY VICTOR AFRICA, Respondent.

  • A.C. No. 10132, March 24, 2015 - HEIRS OF PEDRO ALILANO REPRESENTED BY DAVID ALILANO, Complainants, v. ATTY. ROBERTO E. EXAMEN, Respondent.

  • G.R. No. 209843, March 25, 2015 - TAIWAN KOLIN CORPORATION, LTD., Petitioner, v. KOLIN ELECTRONICS CO., INC., Respondent.

  • G.R. No. 203655, March 18, 2015 - SM LAND, INC., Petitioner, v. BASES CONVERSION AND DEVELOPMENT AUTHORITY AND ARNEL PACIANO D. CASANOVA, ESQ., IN HIS OFFICIAL CAPACITY AS PRESIDENT AND CEO OF BCDA, Respondents.

  • G.R. No. 209227, March 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHARLIE OROSCO, Accused-Appellant.

  • G.R. No. 205469, March 25, 2015 - BPI FAMILY SAVINGS BANK, INC., Petitioner, v. ST. MICHAEL MEDICAL CENTER, INC., Respondent.

  • OCA IPI NO. 14-220-CA-J, March 17, 2015 - RE: COMPLAINT DATED JANUARY 28, 2014 OF WENEFREDO PARREÑO, ET AL., AGAINST HON. CELIA C. LIBREA-LEAGOGO, HON. ELIHU A. YBAÑEZ AND HON. AMY C. LAZARO-JAVIER, ASSOCIATE JUSTICES OF THE COURT OF APPEALS, RELATIVE TO CA G.R. SP NO. 108807

  • G.R. No. 206381, March 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANIEL MATIBAG Y DE VILLA @ “DANI” OR “DANILO,” Accused-Appellant.

  • G.R. No. 192284, March 11, 2015 - ALEX TIONCO Y ORTEGA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 8330, March 16, 2015 - TERESITA B. ENRIQUEZ, Complainant, v. ATTY. TRINA DE VERA, Respondent.

  • G.R. No. 183212, March 16, 2015 - WALLEM PHILIPPINES SERVICES, INC. AND WALLEM SHIP MANAGEMENT, LTD., Petitioners, v. HEIRS OF THE LATE PETER PADRONES, Respondents.

  • G.R. No. 179640, March 18, 2015 - HACIENDA CATAYWA/MANUEL VILLANUEVA, owner, JOEMARIE VILLANUEVA, manager, MANCY AND SONS ENTERPRISES, INC., Petitioners, v. ROSARIO LOREZO, Respondent.

  • G.R. No. 212496, March 18, 2015 - NESTOR BRACERO, Petitioner, v. RODULFO ARCELO AND THE HEIRS OF VICTORIANO MONISIT, namely: LOURDES MENCHAVEZ, ROGELIO RUELO, AND MARTINIANA APOR, Respondents.

  • G.R. No. 196750, March 11, 2015 - MA. ELENA R. DIVINAGRACIA, AS ADMINISTRATRIX OF THE ESTATE OF THE LATE SANTIAGO C. DIVINAGRACIA, Petitioner, v. CORONACION PARILLA, CELESTIAL NOBLEZA, CECILIA LELINA, CELEDONIO NOBLEZA, AND MAUDE NOBLEZA, Respondent.

  • G.R. No. 209370, March 25, 2015 - FORT BONIFACIO DEVELOPMENT CORPORATION, Petitioner, v. VALENTIN L. FONG, Respondent.

  • A.C. No. 8826, March 25, 2015 - SHIRLEY OLAYTA-CAMBA, Complainant, v. ATTY. OTILIO SY BONGON, Respondent.

  • G.R. No. 203240, March 18, 2015 - NORTHERN ISLANDS, CO., INC., Petitioner, v. SPOUSES DENNIS AND CHERYLIN* GARCIA, DOING BUSINESS UNDER THE NAME AND STYLE “ECOLAMP MULTI RESOURCES,”, Respondents.

  • A.C. No. 8776, March 22, 2015 - ANTONINA S. SOSA, Complainant, v. ATTY. MANUEL V. MENDOZA, Respondent.

  • G.R. No. 209283, March 11, 2015 - CECILIA RACHEL V. QUISUMBING, Petitioner, v. LORETTA ANN P. ROSALES, MA. VICTORIA V. CARDONA AND NORBERTO DELA CRUZ, IN THEIR CAPACITIES AS CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE COMMISSION ON HUMAN RIGHTS, Respondent.

  • A.C. No. 10672, March 18, 2015 - EDUARDO A. MAGLENTE, Complainant, v. ATTY. DELFIN R. AGCAOILI, JR., Respondent.

  • G.R. No. 208908, March 11, 2015 - THE COFFEE BEAN AND TEA LEAF PHILIPPINES, INC. AND WALDEN CHU, Petitioners, v. ROLLY P. ARENAS, Respondent.

  • A.C. No. 10695, March 18, 2015 - CRESCENCIANO M. PITOGO, Complainant, v. ATTY. JOSELITO TROY SUELLO, Respondent.

  • G.R. No. 200759, March 25, 2015 - FAJ CONSTRUCTION & DEVELOPMENT CORPORATION, Petitioner, v. SUSAN M. SAULOG, Respondent.

  • G.R. No. 207988, March 11, 2015 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BRIAN MERCADO Y SARMIENTO, Accused-Appellant.

  • G.R. No. 185374, March 11, 2015 - SIMPLICIA CERCADO-SIGA AND LIGAYA CERCADO-BELISON, Petitioners, v. VICENTE CERCADO, JR., MANUELA C. ARABIT, LOLITA C. BASCO, MARIA C. ARALAR AND VIOLETA C. BINADAS, Respondent.

  • G.R. No. 176033, March 11, 2015 - FELILIBETH AGUINALDO AND BENJAMIN PEREZ, Petitioners, v. REYNALDO P. VENTUS AND JOJO B. JOSON, Respondent.

  • G.R. No. 205492, March 11, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. SPOUSES DANTE AND LOLITA BENIGNO, Respondent.

  • G.R. No. 202805, March 23, 2015 - ROSARIO BANGUIS-TAMBUYAT, Petitioner, v. WENIFREDA BALCOM-TAMBUYAT, Respondent.

  • G.R. No. 202943, March 25, 2015 - THE DEPARTMENT OF HEALTH, REPRESENTED BY SECRETARY ENRIQUE T. ONA, AND THE FOOD AND DRUG ADMINISTRATION (FORMERLY THE BUREAU OF FOOD AND DRUGS), REPRESENTED BY ASSISTANT SECRETARY OF HEALTH NICOLAS B. LUTERO III, OFFICER-IN-CHARGE, Petitioners, v. PHILIP MORRIS PHILIPPINES MANUFACTURING, INC., Respondent.

  • G.R. No. 160914, March 25, 2015 - MARCELA M. DELA CRUZ, Petitioner, v. ANTONIO Q. HERMANO AND HIS WIFE REMEDIOS HERMANO, Respondent.

  • G.R. No. 189296, March 11, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RECTO ANGNGAO Y MAKAY AND ROBERT CARLIN Y PECDASEN, ACCUSED, RECTO ANGNGAO Y MAKAY, Accused-Appellant.

  • G.R. No. 202989, March 25, 2015 - COMGLASCO CORPORATION/AGUILA GLASS, Petitioner, v. SANTOS CAR CHECK CENTER CORPORATION, Respondent.

  • G.R. No. 167052, March 11, 2015 - BANK OF THE PHILIPPINE ISLANDS SECURITIES CORPORATION, Petitioner, v. EDGARDO V. GUEVARA, Respondent.

  • G.R. No. 183531, March 25, 2015 - EASTERN TELECOMMUNICATIONS PHILIPPINES, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 184301, March 23, 2015 - GE MONEY BANK, INC. (FORMERLY KEPPEL BANK PHILIPPINES, INC.), Petitioner, v. SPOUSES VICTORINO M. DIZON AND ROSALINA L. DIZON, Respondent.

  • G.R. No. 198753, March 25, 2015 - JOSE “PEPE” SANICO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND JENNIFER SON-TENIO, Respondent.

  • G.R. No. 202970, March 25, 2015 - NATANYA JOANA D. ARGEL, Petitioner, v. GOV. LUIS C. SINGSON, IN HIS CAPACITY AS THE GOVERNOR OF THE PROVINCE OF ILOCOS SUR, Respondent.

  • G.R. No. 197556, March 25, 2015 - WATERFRONT CEBU CITY CASINO HOTEL, INC. AND MARCO PROTACIO, Petitioners, v. ILDEBRANDO LEDESMA, Respondent.

  • G.R. No. 211199, March 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff and Appellee, v. RANDY ROLLO Y LAGASCA, Defendant and Appellant.

  • G.R. No. 173241, March 25, 2015 - SILICON PHILIPPINES, INC. (FORMERLY INTEL PHILIPPINES MANUFACTURING, INC.), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 193809, March 23, 2015 - SATURNINO NOVECIO, GAVINO NOVECIO, ANASTACIO GOLEZ, ABUNDIO SOMBILON, BERTING RODRIGUEZ, MELITON CATALAN, Petitioners, v. HON. RODRIGO F. LIM, JR., AS CHAIRMAN, HON. LEONCIA R. DIMAGIBA AS PONENTE AND AS MEMBER AND HON. ANGELITA A. GACUTAN AS MEMBER, FORMER TWENTY-THIRD DIVISION, COURT OF APPEALS, MINDANAO STATION, HON. JUDGE BENJAMIN ESTRADA, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 9, RTC, MALAYBALAY, BUKIDNON, MARIA CARMEN J. TUAZON, REP. BY HER ATTORNEY-IN-FACT, LOPE DUROTAN, Respondents.; VERGELIO ROSALES, LUIS TEQUILIO, GREGORIO PANANGIN, JOSEPH RODRIQUEZ, EDDIE RODRIGUEZ, Petitioners, v. HON. RODRIGO F. LIM, JR., AS CHAIRMAN, HON. LEONCIA R. DIMAGIBA AS PONENTE AND AS MEMBER DESIGNATED AS ACTING CHAIRPERSON, PER SPECIAL ORDER NO. 1955 DATED MARCH 23, 2015. DESIGNATED AS ACTING MEMBER VICE ASSOCIATE JUSTICE ANTONIO T. CARPIO, PER SPECIAL ORDER NO. 1956 DATED MARCH 23, 2015. AND HON. ANGELITA A. GACUTAN AS MEMBER, FORMER TWENTY-THIRD DIVISION, COURT OF APPEALS, MINDANAO STATION, HON. JUDGE BENJAMIN ESTRADA, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 9, RTC, MALAYBALAY, BUKIDNON, MANUEL V. NIETO, REP. BY HIS ATTORNEY-IN-FACT, LOPE DUROTAN, Respondent.

  • G.R. No. 207422, March 18, 2015 - ANGEL ABAD, Petitioner, v. HERMINIO DELA CRUZ, Respondent.

  • G.R. No. 208685, March 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODRIGO CASACOP Y DE CASTRO, Accused-Appellant.

  • G.R. No. 211159, March 18, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARCELINO OLOVERIO, Accused-Appellant.

  • G.R. No. 175842, March 18, 2015 - NILO MACAYAN, JR. Y MALANA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 189949, March 25, 2015 - CASTILLEJOS CONSUMERS ASSOCIATION, INC. (CASCONA), Petitioner, v. JOSE S. DOMINGUEZ, ISIAS Q. VIDUA, VICENTE M. BARRETO, JOSE M. SANTIAGO, JOSE NASERIV C. DOLOJAN, JUAN FERNANDEZ, HONORARIO DILAG, JR., FIDEL CORREA, ALICIA MERCADO, LECIRA JUAREZ, ATTY. FULGENCIO VIGARE, JR., ANGELITO U. SACRO, MILDRED ESGUERRA, ANTONIO APALISOK, SALAMAN D. MANGCA, DANILO S. SEGOBRE, EDMUNDO D. ENGAO, P/SUPT. ROLAND FELIX, P/SUPT. JERRY SUMBAD, P/INSP. GERRY HADUCA, P/INSP. ROBIN FUGIRAN, COOPERATIVE DEVELOPMENT AUTHORITY (CDA), BARTOLOME GALARITA, JR., WILFRE0O JIMENEZ, HITLER UNTAL, JOEL JOHN PACTORES, ROLLY CADORNA, RUDY ELIPSE, IBRAHIM LAHI, RODOLFO BONIFACIO, JR., ANECITO VIEJO, JR., JONARD IRAN, ANGELITO BALDONAZA, NIKKO DAJAY, ROLANDO ASPA, JESON CABATINGAN, JOBERT UGANG (SECURITY GUARDS), JOHN DOES (MEMBERS OF THE ZAMBALES PROVINCIAL MOBILE GROUP OF THE PHILIPPINE NATIONAL POLICE), Respondent.

  • G.R. No. 178407, March 18, 2015 - METROPOLITAN BANK AND TRUST COMPANY, Petitioner, v. S.F. NAGUIAT ENTERPRISES, INC., Respondent.

  • G.R. No. 155405, March 18, 2015 - THE HEIRS OF EUGENIO LOPEZ, SR. NAMELY, OSCAR M. LOPEZ, MANUEL M. LOPEZ AND PRESENTACION L. PSINAKIS, Petitioners, v. THE HONORABLE FRANCISCO QUERUBIN, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF ANTIPOLO, BRANCH 74, THE HEIRS OF ALFONSO SANDOVAL AND HIS WIFE ROSA RUIZ, REPRESENTED BY THEIR ATTORNEY-IN-FACT, MRS. IMELDA RIVERA, Respondents.; G.R. No. 164092 - HEIRS OF EUGENIO LOPEZ, Petitioners, v. ALFONSO SANDOVAL AND ROMAN OZAETA, JR., Respondent.

  • G.R. No. 212635, March 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHARLIE SORIN Y TAGAYLO, Accused-Appellant.

  • G.R. No. 171127, March 11, 2015 - NOEL CASUMPANG, RUBY SANGA-MIRANDA AND SAN JUAN DE DIOS HOSPITAL, Petitioners, v. NELSON CORTEJO, Respondent.; G.R. No. 171217 - DRA. RUBY SANGA-MIRANDA, Petitioner, v. NELSON CORTEJO, Respondent; G.R. No. 171228 - SAN JUAN DE DIOS HOSPITAL, Petitioner, v. NELSON CORTEJO, Respondent.

  • G.R. No. 197115, March 23, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE SECRETARY OF AGRICULTURE, Petitioner, v. FEDERICO DACLAN, JOSEFINA COLLADO AND HER HUSBAND FEDERICO DACLAN, TEODORO DACLAN AND MINVILUZ DACLAN AS SURVIVING HEIRS OF DECEASED JOSE DACLAN, Respondents.; [G.R. NO. 197267] - FEDERICO DACLAN, JOSEFINA COLLADO, TEODORO DACLAN AND MINVILUZ DACLAN AS SURVIVING HEIRS OF DECEASED JOSE DACLAN, Petitioners, v. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE SECRETARY OF AGRICULTURE AND PROVINCE OF LA UNION, REPRESENTED BY ITS PROVINCIAL GOVERNOR, Respondent.

  • G.R. No. 160728, March 11, 2015 - CLT REALTY DEVELOPMENT CORPORATION, Petitioner, v. PHIL-VILLE DEVELOPMENT AND HOUSING CORPORATION, REPUBLIC OF THE PHILIPPINES (THROUGH THE OFFICE OF THE SOLICITOR GENERAL), AND THE REGISTER OF DEEDS OF METRO MANILA DISTRICT III, CALOOCAN CITY, Respondent.

  • G.R. No. 193038, March 11, 2015 - JOSEFINA V. NOBLEZA, Petitioner, v. SHIRLEY B. NUEGA, Respondent.

  • G.R. Nos. 211789-90, March 17, 2015 - DR. REY B. AQUINO, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

  • A.C. No. 8261, March 11, 2015 - JESSIE T. CAMPUGAN AND ROBERT C. TORRES, Complainants, v. ATTY. FEDERICO S. TOLENTINO, JR., ATTY. RENATO G. CUNANAN, ATTY. DANIEL F. VICTORIO, JR., AND ATTY. ELBERT T. QUILALA, Respondents.; A.C. No. 8725 - JESSIE T. CAMPUGAN AND ROBERT C. TORRES, Complainants, v. ATTY. CONSTANTE P. CALUYA, JR., AND ATTY. ELBERT T. QUILALA, Respondent.

  • G.R. No. 206267, March 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONNIE BUAT ALIAS DATU SINSUAT, Accused-Appellant.

  • G.R. No. 182886, March 09, 2015 - SPOUSES SALVADOR P. NORBERTE, JR. AND ELIZABETH S. NORBERTE, Petitioners, v. SPOUSES FELICISIMO G. MEJIA AND ELVIRA C. MEJIA AND/OR THEIR HEIRS, REPRESENTED BY ALEXIS MEJIA-QUERUBIN, Respondent.

  • G.R. No. 169407, March 25, 2015 - BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. AMADOR DOMINGO, Respondent.

  • G.R. No. 201248, March 11, 2015 - LETICIA NAGUIT AQUINO, MELVIN NAGUIT, ROMMEL NAGUIT, ELMA NAGUIT TAYAG, YSSEL L. NAGUIT, ROSALINA NAGUIT AUMENTADO, RIZEL NAGUIT CUNANAN, CARIDAD NAGUIT PARAJAS, MILLIE NAGUIT FLORENDO, MARNEL NAGUIT, EDUARDO NAGUIT, JOSE NAGUIT, ZOILO NAGUIT, AND AMELIA NAGUIT DIZON, REPRESENTED BY YSSEL L. NAGUIT, Petitioners, v. CESAR B. QUIAZON, AMANDA QUIAZON, JOSE B. QUIAZON AND REYNALDO B. QUIAZON, REPRESENTED BY JAIME B. QUIAZON, Respondent.

  • G.R. No. 193890, March 11, 2015 - ESTANISLAO AND AFRICA SINAMBAN, Petitioners, v. CHINA BANKING CORPORATION, Respondent.

  • G.R. No. 191945, March 11, 2015 - NATIONAL POWER CORPORATION, Petitioner, v. SOCORRO T. POSADA, RENATO BUENO, ALICE BALIN, ADRIAN TABLIZO, TEOFILO TABLIZO, AND LYDIA T. OLIVO, SUBSTITUTED BY HER HEIRS, ALFREDO M. OLIVO, ALICIA O. SALAZAR, ANITA O. ORDONO, ANGELITA O. LIM, AND ADELFA O. ESPINAS, Respondents.

  • G.R. No. 175493, March 25, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. HEIRS OF GABRIEL Q. FERNANDEZ, Respondents.

  • G.R. No. 197546, March 23, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BAYANI DE LEON, ANTONIO DE LEON, DANILO DE LEON AND YOYONG DE LEON, Accused-Appellants.

  • G.R. No. 195956, March 11, 2015 - ABS-CBN CORPORATION, Petitioner, v. FELIPE GOZON, GILBERTO R. DUAVIT, JR., MARISSA L. FLORES, JESSICA A. SOHO, GRACE DELA PEÑA-REYES, JOHN OLIVER T. MANALASTAS, JOHN DOES AND JANE DOES, Respondents.

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    G.R. No. 202970, March 25, 2015 - NATANYA JOANA D. ARGEL, Petitioner, v. GOV. LUIS C. SINGSON, IN HIS CAPACITY AS THE GOVERNOR OF THE PROVINCE OF ILOCOS SUR, Respondent.

      G.R. No. 202970, March 25, 2015 - NATANYA JOANA D. ARGEL, Petitioner, v. GOV. LUIS C. SINGSON, IN HIS CAPACITY AS THE GOVERNOR OF THE PROVINCE OF ILOCOS SUR, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    G.R. No. 202970, March 25, 2015

    NATANYA JOANA D. ARGEL, Petitioner, v. GOV. LUIS C. SINGSON, IN HIS CAPACITY AS THE GOVERNOR OF THE PROVINCE OF ILOCOS SUR, Respondent.

    D E C I S I O N

    PEREZ, J.:

    Before this Court is a Petition for Review on Certiorari under Rule 45 of the Rules of Court assailing the 31 May 2012 Decision1 of the Court of Appeals (CA) in CA-G.R. SP No. 123125 and its Resolution2 dated 31 July 2012 denying petitioner’s Motion for Reconsideration.  The Decision reversed and set aside the Resolution issued by the Civil Service Commission (Commission) affirming the Decision of the Civil Service Commission Regional Office No.1 (CSCRO1) which approved the appointment of Natanya Joana D. Argel (Argel) as Nurse II at the Gabriela Silang General Hospital.

    Culled from the records are the following antecedent facts:

    Argel was appointed by then Ilocos Sur Governor Deogracias Victor B. Savellano (Governor Savellano) as Nurse II under permanent status at the Gabriela Silang General Hospital effective 15 September 2009.  In accordance with procedure, her appointment was submitted to the Civil Service Commission Field Office (CSCFO) – Ilocos Sur for evaluation.

    On 3 December 2009, the CSCFO-Ilocos Sur disapproved the appointment of Argel on the ground that she failed to meet the one (1) year experience required for the position.  It was pointed out that she still lacks four (4) months of relevant experience.

    In an undated letter to CSCFO-Ilocos Sur, Carmeliza T. Singson (Dr. Singson), Provincial Health Officer II, moved for reconsideration of the disapproval of Argel’s appointment.  She claimed that Argel rendered services at the Gabriela Silang General Hospital from 15 July 2008 to 15 January 2009 (six months) as a volunteer and from 8 July 2010 to 8 January 2010 (six months) as contractual nurse or for a total of twelve months.  She concluded that Argel has completed the experience requirement as of 8 January 2010.

    Dr. Singson’s motion for reconsideration was, however, denied by CSCFO-Ilocos Sur on 27 January 2010.  The CSCFO-Ilocos Sur held that they further observed that the Nurse II position to which Argel was appointed was not an open position as appearing in the plantilla of positions of the Gabriela Silang General Hospital.  It explained that Nurse II has lower positions that are considered next-in-rank, i.e, Nurse I.  It explained that those holding next-in-rank positions should be given preference in consonance with the provisions of CSC Memorandum Circular No. 3, s. 2001 or the Revised Policies on Merit Promotion Plan, which was also adopted by the Provincial Government of Ilocos Sur for its Merit Promotion Plan.

    On 24 March 2010, Argel filed an appeal with the CSCROI assailing the disapproval of her appointment by CSCFO-Ilocos Sur.

    In a Decision3 dated 4 August 2010, the CSCRO1 granted the appeal of Argel.  Accordingly, her appointment as Nurse II under permanent status was affirmed.  It held that although at the time the appointment was issued to Argel on 15 September 2009 she lacked four (4) months of relevant experience, she, nonetheless, performed the functions of the position from that time up to the date of disapproval of her appointment on 3 December 2009 and even thereafter.  Hence, she was considered to have met the minimum qualification required for the position.

    In a letter4 dated 16 August 2010, Director Jose Lardizabal, CSCFO-Ilocos Sur, forwarded to Hon. Luis “Chavit” Singson (Governor Singson), successor of Governor Savellano as Provincial Governor of Ilocos Sur, a photocopy of the decision for his information and appropriate action.  The letter was with a directive that unless appealed within fifteen (15) days from receipt, the decision of the CSCRO1 should be implemented.

    On 15 September 2010, the Provincial Government of Ilocos Sur, through its Provincial Legal Officer, filed a Notice of Appeal before the Commission.  The appeal was treated as a Petition for Review.

    The petition was anchored on the main argument that Argel is not qualified to the Nurse II position as she lacks four (4) months of relevant experience at the time she was appointed on 15 September 2009. The petition expounded on the following argument:

    As already mentioned, on September 15, 2009, the herein Appellee was appointed by the then Deogracias Victor Savellano.  At that time, Appellee was not qualified. The then Governor was not aware of any disqualification until December 03, 2009.  Dir. Lardizabal officially informed the Governor thru a written communication on that day that indeed herein Appellee was not qualified for the position.  Thereafter, the then Hon. Governor neither appointed her in a temporary capacity, protested/appealed the disapproval of the appointment of the herein Appellee.  But the herein Appellee was offered the Nurse I position but rejected the offer.

    It is well-settled in this jurisdiction that, as dictated by our laws, rules and jurisprudence, a permanent appointment can only be issued to a person who meets all the minimum requirements for the position to which he is being appointed. If not qualified, the appointment could only be regarded as temporary.  That being the case, it could be withdrawn at will by the appointing authority anytime.  The herein Appellee not having qualified, her appointment is only temporary.  Hence, contrary to her claim, she has no security of tenure much less vested right over the said position. x x x5

    In a Decision6 dated 20 May 2011, the petition was dismissed outright by the Commission on the ground that it was filed beyond the fifteen (15) day reglementary period required under the Uniform Rules on Administrative Cases in the Civil Service (CSC Memorandum Circular No. 19, s. 1999; CSC Resolution No. 99-1936 dated August 31, 1999).

    The Commission explained that the Provincial Government of Ilocos Sur filed its appeal thirty (30) days from receipt of the CSCRO1 decision.  By that time, the assailed Decision No. 2010-099 had already acquired finality and can no longer be modified, annulled or reversed by the Commission.

    Meanwhile, Zenaida A. Ilagan (Ilagan), a Nurse I at the Gabriela Silang General Hospital, filed a Petition for Review before the Commission likewise assailing Decision No. 2010-099, the decision affirming Argel’s apppintment as Nurse II.  Ilagan’s petition was dismissed in a Decision7 dated 25 October 2011.

    In view of the finality of the decision in her favor, Argel filed a Motion for the Immediate Execution of the Final Decision No. 2010-099.

    The Provincial Government of Ilocos Sur, through Governor Singson, filed a Motion for Reconsideration but this was denied by the Commission in a Resolution8 dated 4 January 2012.

    In a Resolution9 dated 29 May 2012, the Commission granted the Motion for Execution filed by Argel.  In the same resolution, Governor Singson was directed to allow Argel to perform her duties and responsibilities as Nurse II and pay her salaries and other benefits effective from her assumption to office.

    Undaunted, Governor Singson filed a Petition for Review with Prayer for Preliminary Injunction and/or Temporary Restraining Order before the CA.

    In a Decision10 dated 31 May 2012, the CA ruled in favor of  Governor Singson.  The dispositive portion of the decision reads:

    WHEREFORE, premises considered, this Court hereby GRANTS the petition.  Accordingly, the assailed Resolution dated January 4, 2012 and Decision dated May 20, 2011 of the CSC affirming the August 4, 2010 Decision of the CSCRO1 are hereby REVERSED AND SET ASIDE.  The Decision of the CSCISFO disapproving the appointment of Natanya Joana D. Argel is hereby

    [REINSTATED.]

    No costs.11

    The Motion for Reconsideration12 subsequently filed by Argel was denied in a Resolution13 dated 31 July 2012.

    Hence, the instant petition for review.

    The core issue to be resolved is whether the CA erred in reversing and setting aside the decision of the Commission which affirmed the CSCRO1 decision approving the permanent status appointment of Argel as Nurse II at the Gabriela Silang General Hospital.

    We find the petition meritorious.

    We have consistently ruled that perfection of an appeal within the statutory or reglementary period is not only mandatory, but also jurisdictional.14 This rule is founded upon the principle that the right to appeal is not part of due process of law but is a mere statutory privilege to be exercised only in the manner and in accordance with the provisions of the law.15  Failure to interpose a timely appeal renders the appealed decision, order or award final and executory and this deprives the appellate body of any jurisdiction to alter the final judgment,16 moreso, to entertain the appeal.17  The CA, therefore, should not have entertained the appeal filed by Gov. Singson.

    It is evident that Decision No. 2010-099 rendered by the CSCRO1 had already attained finality.  As such, it has already become immutable and unalterable. The CA should have thus given it due respect, especially considering that the Commission had already issued a resolution granting Argel’s motion for execution.  The resolution granting the Motion for the Immediate Execution of Decision No. 2010-099 filed by Argel was with a directive addressed to Governor Singson to give effect to the decision by allowing Argel to perform her duties and responsibilities as Nurse II and pay her salaries and other benefits effective from her assumption to office.

    The settled and firmly established rule is that a decision that has acquired finality becomes immutable and unalterable. This quality of immutability precludes the modification of the judgment, even if the modification is meant to correct erroneous conclusions of fact and law. The orderly administration of justice requires that, at the risk of occasional errors, the judgments/resolutions of a court must reach a point of finality set by the law. The noble purpose is to write finis to disputes once and for all. This is a fundamental principle in our justice system, without which no end to litigations will take place. Utmost respect and adherence to this principle must always be maintained by those who exercise the power of adjudication. Any act that violates such principle must immediately be struck down. Indeed, the principle of conclusiveness of prior adjudications is not confined in its operation to the judgments of courts, but extends as well to those of all other tribunals exercising adjudicatory powers.18

    The case of Achacoso v. Macaraig which was relied upon by the CA in its decision19 is not in all fours with the present case.  In the Achacoso case, the petitioner was not appointed with a permanent status by the appointing authority.  The Court in that case ruled that petitioner was not eligible and could be appointed at best only in a temporary capacity.

    Under Section 9(H) of PD 807, as amended, by Section 12, Book V of Executive Order No. 292:

    An appointment shall take effect immediately upon issue by the appointing authority if the appointee assumes his duties immediately and shall remain effective until it is disapproved by the Civil Service Commission.

    Further, Rule V of the Omnibus Rules Implementing Book V of EO 292, Section 9 on appointments provides that:

    An appointment accepted by the appointee cannot be withdrawn or revoked by the appointing authority and shall remain in force and effect until disapproved by the Commission.

    In the instant case, the appointment of Argel under permanent status was accepted by the latter.  She took her oath, assumed office and immediately performed the duties and functions pertaining to the position.  The CSCRO1 noted that the records clearly revealed that Argel did not receive whether personally or by registered mail a notice that her appointment has been disapproved.  Nonetheless, she filed an appeal on 24 March 2010. By that time, she had long completed the experience required for the position.  Thus, the ruling of the CSCRO1 that Argel has met the one (1) year experience requirement because she performed the functions of the position from the time the appointment was issued on 15 September 2009 up to the time of the date of disapproval on 3 December 2009 and even thereafter.

    Even on the merits, we will still rule in favor of Argel.  Contrary to what seems to be implied in the CA decision, the merits of this case had thoroughly been discussed.  While the appeal of Governor Singson was indeed dismissed by the Commission plainly on technicality, the decision was, however, an affirmance of the CSCRO1 ruling which discussed in detail all the issues involved in Argel’s appointment.

    Anent the issue that the Nurse II position is not an open position as appearing in the plantilla of the hospital and Argel, not being a next in rank, should not have been appointed, we find that the CA committed a reversible error.  Relevant to the issue is CSC Memorandum Circular No. 03, series of 2001, which provides that:

    The appointing authority may appoint an applicant who is not next-in-rank but possesses superior qualification and competence, and has undergone selection process.

    We give weight to the letter20 of Dr. Singson who attested and affirmed that Argel is an asset/highly skilled/qualified for the subject position and that she only wanted the latter to have the Nurse II position because “she was the only trained staff to handle technical work of the Provincial Health Office.”  Likewise, we give weight to the fact that Argel’s appointment underwent scrutiny by the governor, as appointing authority; the selection board; and the Chief of Office where she was assigned.

    We emphasize that Argel’s permanent appointment was approved by the CSCRO1 and affirmed by the Commission in a decision which eventually attained finality.  It is for this reason that she acquired a vested legal right to the position and therefore, can no longer be removed therefrom except for valid causes.

    Even assuming in arguendo that Argel failed to strictly meet the relevant experience required for the position, we are still inclined to uphold the CSCRO1’s approval of her appointment.  We are aware that this is not the first time that the Commission has allowed the appointment of employees who were initially lacking in experience but eventually obtained the same.  In CSC Resolution No. 97-0191 dated 9 January 1997, the applicant for the position of Chief Inspector was considered to have substantially satisfied the four (4) years experience required for the position since he has in his favor three (3) years and eight (8) months experience as Senior Inspector.21

    The rulings that are clearly in all fours with the case before us are CSC Resolution Nos. 011747 dated 30 October 2001 and 01-1204 dated 16 July 2001 involving the appointments of Michael C. Abarca and Agnes C. Corpin, respectively.  In CSC Resolution No. 011747, the Commission found “the experience gained by Abarca sufficient to enable him to successfully perform the duties and responsibilities of Municipal Engineer, especially since he continued to perform the same from the time of the disapproval of his appointment by the Civil Service Commission Regional Office No. XIII on August 24, 2000, or for a period of more than one (1) year.  Hence, adding this period to his previous experience of two (2) years will more than satisfy the required experience.  Therefore, his appointment may now be approved as permanent.” 22  Likewise, in the case of Agnes Corpin, the Commission found “the experience gained by Corpin sufficient to enable her to successfully perform the duties and responsibilities of ARPO II, especially since she continued to perform the same from the time of the disapproval of her appointment by CSC-NCR on August 31, 2000, until this time or for a period of almost one (1) year.  Hence, adding this period to her previous experience of eight (8) months will more than satisfy the required experience.  Therefore, her appointment may be approved as permanent.”23  Being similarly situated Argel should be deemed to have satisfactorily met the relevant experience required for the position.

    Moreover, as a nursing graduate, Argel is presumed to have previously acquired substantial knowledge and trainings necessary for the effective performance of her duties and responsibilities as Nurse II.  In CSC Resolution No. 992296 dated 16 October 1999, the Commission approved the promotional appointment of a Data Encoder as Planning Specialist after considering the relevant experience he gained while actually designated/ordered to perform the duties and responsibilities of a Planning Specialist for more than one (1) year.

    Having noted the foregoing resolutions of the Commission, we find no reason why the principles cited therein cannot be applied in this case.

    In conclusion, we note the observation of the CA that perhaps office politics was moving behind the scenes in this case.24  Such cannot be allowed by this Court.  We hereby emphasize that politics should never play a role in the appointment of public servants.

    WHEREFORE, in the light of the foregoing premises, the Decision of the Court of Appeals in CA-G.R. SP. No. 123125 is hereby REVERSED and SET ASIDE.  The Decision of the Civil Service Commission affirming the Decision of the Civil Service Commission Regional Office No. 1 which approved the permanent appointment of Natanya Joana D. Argel as Nurse II is hereby reinstated.

    SO ORDERED.

    Sereno, C.J., (Chairperson), Leonardo De-Castro, Bersamin, and Perlas-Bernabe, JJ., concur.

    Endnotes:


    1Rollo, pp. 51-68; Penned by Associate Justice Socorro B. Inting with Associate Justices Fernanda Lampas Peralta and Mario V. Lopez, concurring.

    2 Id. at 70-71.

    3 Id. at 104-119; CSC Decision No. 2010-099.

    4 CA rollo, p. 74.

    5Rollo, pp. 25-26. (Emphases omitted)

    6 Id. at 121-124; CSC Decision No. 11-0279.

    7 Id. at 128-132; CSC Decision No. 11-0608.

    8 Id. at 125-126; CSC Resolution No. 1200057.

    9 Id. at 134-138; CSC Resolution No. 1200838.

    10 Id. at 51-68.

    11 Id. at 67.

    12 CA rollo, pp. 179-204.

    13 Id. at 70-71.

    14Yaneza v. CA, 593 Phil. 58, 67 (2008); Hon. Petilla v. CA, 468 Phil. 395, 404 (2004).

    15David v. Cordova, 502 Phil. 626, 638 (2005); Delgado v. CA, 488 Phil. 404, 415-416 (2004); Fukuzumi v. Sanritzu Great International Corp., 479 Phil. 888, 895 (2004); Zaragosa v. Nobleza, G.R. No. 144560, 13 May 2004, 428 SCRA 410, 419.

    16San Miguel Corp. v. NLRC, G.R. No. 101021, 6 April 1993, 221 SCRA 48, 50-51; Paramount Vinyl Corp. v. NLRC, 268 Phil. 558, 565-566 (1990).

    17 Effective 26 September 1999.

    18 Aguilar v. CA, 617 Phil. 543, 556-557 (2009). (Underscoring supplied)

    19Rollo, pp. 15-16 citing G.R. No. 93023, 13 March 1991, 195 SCRA 235.

    20 CA rollo, pp. 67-68.

    21 Civil Service Commission v. De la Cruz, 480 Phil. 899, 914 (2004).

    22 http://web.csc.gov.ph/cscsite2/2014-02-21-08-28-23/pdf-files/file/612-01-1747. 29 January 2015.

    23Rollo, p. 118; CSC Decision No. 2010-099.

    24 Id. at 67; CA Decision.

    G.R. No. 202970, March 25, 2015 - NATANYA JOANA D. ARGEL, Petitioner, v. GOV. LUIS C. SINGSON, IN HIS CAPACITY AS THE GOVERNOR OF THE PROVINCE OF ILOCOS SUR, Respondent.




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