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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
 

   
November-2015 Jurisprudence                 

  • G.R. No. 192955, November 09, 2015 - EDILBERTO P. ETOM, JR., Petitioner, v. AROMA LODGING HOUSE THROUGH EDUARDO G. LEM, PROPRIETOR AND GENERAL MANAGER, Respondent.

  • G.R. No. 197458, November 11, 2015 - NICANOR PINLAC Y RESOLME, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 197802, November 11, 2015 - ZUNECA PHARMACEUTICAL, AKRAM ARAIN AND/OR VENUS ARAIN, M.D. DBA ZUNECA PHARMACEUTICAL, Petitioners, v. NATRAPHARM, INC., Respondent.

  • G.R. No. 179121, November 09, 2015 - MARGARITA M. BENEDICTO-MUŅOZ, Petitioner, v. MARIA ANGELES CACHO-OLIVARES, EDGARDO P. OLIVARES, PETER C. OLIVARES, CARMELA Q. OLIVARES, MICHAEL C. OLIVARES, ALEXANDRA B. OLIVARES, AND MELISSA C. OLIVARES, Respondents.; G.R. NO. 179128 - ABACUS SECURITIES CORPORATION AND JOEL CHUA CHIU, Petitioners, v. MARIA ANGELES CACHO-OLIVARES, PETER C. OLIVARES, CARMELA Q. OLIVARES, MICHAEL Q. OLIVARES, ALEXANDRA B. OLIVARES, [and] MELISSA C. OLIVARES, Respondents.; G.R. NO. 179129 SAPPHIRE SECURITIES, INC., Petitioner, v. MARIA ANGELES CACHO-OLIVARES, EDGARDO P. OLIVARES, PETER C. OLIVARES, CARMELA Q. OLIVARES, MICHAEL C. OLIVARES, ALEXANDRA B. OLIVARES, MELISSA C. OLIVARES, AND THE HON. COURT OF APPEALS, NINTH DIVISION, Respondents.

  • G.R. Nos. 217126-27, November 10, 2015 - CONCHITA CARPIO MORALES, IN HER CAPACITY AS THE OMBUDSMAN, Petitioner, v. COURT OF APPEALS (SIXTH DIVISION) AND JEJOMAR ERWIN S. BINAY, JR., Respondents.

  • A.M. No. P-15-3391, November 16, 2015 - RE: INCIDENT REPORT RELATIVE TO A CRIMINAL CASE FILED AGAINST ROSEMARIE U. GARDUCE, CLERK III, OFFICE OF THE CLERK OF COURT (OCC), REGIONAL TRIAL COURT (RTC), PARANAQUE CITY

  • G.R. No. 207041, November 09, 2015 - PEOPLE OF THE PHILIPPINES, REPRESENTED BY THE OFFICE OF THE CITY PROSECUTOR, DEPARTMENT OF JUSTICE, ROXAS CITY, Petitioner, v. JESUS A. ARROJADO, Respondent.

  • G.R. No. 176908, November 11, 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. 196083, November 11, 2015 - MILAGROS C. REYES, Petitioner, v. FELIX P. ASUNCION, Respondent.

  • A.C. No. 10671, November 25, 2015 - JOSEPH C. CHUA, Complainant, v. ATTY. ARTURO M. DE CASTRO, Respondent.

  • G.R. No. 199601, November 23, 2015 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK (NOW BDO UNIBANK, INC., Petitioner, v. JOSEPHINE D. GOMEZ, Respondent.

  • G.R. No. 173864, November 23, 2015 - BANGKO SENTRAL NG PILIPINAS, Petitioner, v. AGUSTIN LIBO-ON, Respondent.

  • A.C. No. 10737, November 09, 2015 - ROLANDO TOLENTINO, Complainant, v. ATTY. RODIL L. MILLADO AND ATTY. FRANCISCO B. SIBAYAN, Respondents.

  • G.R. No. 193158, November 11, 2015 - PHILIPPINE HEALTH INSURANCE CORPORATION, Petitioner, v. OUR LADY OF LOURDES HOSPITAL, Respondent.

  • G.R. No. 214502, November 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANCO DARMO DE GUZMAN Y YANZON, A.K.A. DARMO YAZON Y CORTEZ, A.K.A. FRANCO DE GUZMAN Y CORTEZ, Accused-Appellant.

  • G.R. No. 202611, November 23, 2015 - ABNER MANGUBAT, Petitioner, v. BELEN MORGA-SEVA, Respondent.

  • A.C. No. 7353, November 16, 2015 - NELSON P. VALDEZ, Petitioner, v. ATTY. ANTOLIN ALLYSON DABON, JR., Respondent.

  • G.R. No. 197925, November 09, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDWIN DALAWIS Y HIDALGO, Accused-Appellant.

  • G.R. No. 213330, November 16, 2015 - ALELI C. ALMADOVAR, GENERAL MANAGER ISAWAD, ISABELA CITY, BASILAN PROVINCE, Petitioner, v. CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSION ON AUDIT, Respondent.

  • G.R. No. 202859, November 11, 2015 - NEW FILIPINO MARITIME AGENCIES, INC., TAIYO NIPPON KISEN CO., LTD., AND ANGELINA T, RIVERA, Petitioners, v. VINCENT H. D ATAYAN -HEIR OF SIMON VINCENT H. DATAYAN III, Respondent.

  • A.M. No. MTJ-10-1760, November 16, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Petitioner, v. RETIRED JUDGE FILEMON A. TANDINCO, MUNICIPAL TRIAL COURT IN CITIES (MTCC), CALBAYOG CITY, SAMAR AND RONALDO C. DIONEDA, CLERK OF COURT OF THE MTCC, CALBAYOG CITY, SAMAR, Respondent.

  • G.R. No. 195654, November 25, 2015 - REYNALDO INUTAN, HELEN CARTE, NOEL AYSON, IVY CABARLE, NOELJAMILI, MARITES HULAR, ROLITOAZUCENA, RAYMUNDO TUNOG, ROGER BERNAL, AGUSTEV ESTRE, MARILOU SAGUN, AND ENRIQUE LEDESMA, JR., Petitioners, v. NAPAR CONTRACTING & ALLIED SERVICES, NORMAN LACSAMANA, JONAS INTERNATIONAL, INC., AND PHILIP YOUNG, Respondent.

  • G.R. No. 179257, November 23, 2015 - UNITED ALLOY PHILIPPINES CORPORATION, Petitioner, v. UNITED COCONUT PLANTERS BANK [UCPB] AND/OR PHILIPPINE DEPOSIT INSURANCE CORPORATION [PDIC], JAKOB VAN DER SLUIS AND ROBERT T.CHUA, Respondent.

  • G.R. No. 187464, November 25, 2015 - CABIB ALONTO TANOG, Petitioner, v. HON. RASAD G. BALINDONG, Acting Presiding Judge, Regional Trial Court, Branch 8, 12th Judicial Region, MARAWI CITY, AND GAPO SIDIC, Respondent.

  • G.R. No. 205760, November 09, 2015 - FRANCISCO T. INOCENCIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 199087, November 11, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JERRY PUNZALAN AND PATRICIA PUNZALAN, Accused-Appellants.

  • G.R. No. 203883, November 10, 2015 - HOMEOWNERS ASSOCIATION OF TALAYAN VILLAGE INC., Petitioner, v. J.M. TUASON & CO., INC., TALAYAN HOLDINGS, INC., QUEZON CITY MAYOR AND EQUITABLE BANKING CORPORATION (NOW BANCO DE ORO BANKING CORPORATION), Respondents.; G.R. NO. 203930 - J.M. TUASON & CO., AND TALAYAN HOLDINGS, INC., Petitioner, v. HOMEOWNERS ASSOCIATION OF TALAYAN VILLAGE, INC. AND QUEZON CITY MAYOR, Respondent.

  • G.R. No. 217456, November 24, 2015 - MARILOU S. LAUDE AND MESEHILDA S. LAUDE, Petitioners, v. HON. ROLINE M. GINEZ-JABALDE, PRESIDING JUDGE, BRANCH 74, REGIONAL TRIAL COURT OF THE CITY OF OLONGAPO; HON. PAQUITO N. OCHOA, JR., EXECUTIVE SECRETARY; HON. ALBERT F. DEL ROSARIO, SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS; HON. GEN. GREGORIO PIO P. CATAPANG, CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES; HON. EMILIE FE DELOS SANTOS, CHIEF CITY PROSECUTOR OF OLONGAPO CITY; AND L/CPL JOSEPH SCOTT PEMBERTON, Respondent.

  • G.R. No. 202664, November 20, 2015 - MANUEL LUIS C. GONZALES AND FRANCIS MARTIN D. GONZALES, Petitioners, v. GJH LAND, INC. (FORMERLY KNOWN AS S.J. LAND, INC.), CHANG HWAN JANG A.K.A. STEVE JANG, SANG RAK KIM, MARIECHU N. YAP, AND ATTY. ROBERTO P. MALLARI II, Respondent.

  • G.R. No. 193821, November 23, 2015 - PHIL-AIR CONDITIONING CENTER, Petitioner, v. RCJ LINES AND ROLANDO ABADILLA, JR., Respondent.

  • A.C. No. 8507, November 10, 2015 - ELENA BIETE LEONES VDA. DE MILLER, Complainant, v. ATTY. ROLANDO B. MIRANDA, Respondent.

  • G.R. No. 211056, November 10, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BIENVENIDO REMEDIOS y SARAMOSING, Accused-Appellant.

  • G.R. No. 205915, November 10, 2015 - ASSET POOL A (SPV-AMC), INC., Petitioner, v. CLARK DEVELOPMENT CORPORATION, Respondent. - JUDGMENT [BASED ON COMPROMISE AGREEMENT]

  • G.R. No. 203087, November 23, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDGARDO ZABALA y BALADA AND ROMEO ALBIUS JR. y BAUTISTA, Accused-Appellants.

  • G.R. No. 201830, November 10, 2015 - OFFICE OF THE OMBUDSMAN, REPRESENTED BY HON. CONCHITA CARPIO MORALES, IN HER CAPACITY AS TANODBAYAN, AND HON. GERARD A. MOSQUERA, IN HIS CAPACITY AS DEPUTY OMBUDSMAN FOR LUZON, Petitioners, v. ROGER F. BORJA, Respondent.; G.R. NO. 201882 - LERMA S. PRUDENTE AND DAMASO T. AMBRAY, Petitioners, v. ROGER F. BORJA, Respondent.

  • G.R. No. 188372, November 25, 2015 - BEAMS PHILIPPINE EXPORT CORPORATION, Petitioner, v. MARIANITA CASTILLO AND NIDA QUIRANTE, Respondents.

  • G.R. No. 195194, November 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. KAMAD AKMAD Y ULIMPAIN @ "MHADS" AND BAINHOR AKMAD Y ULIMPAIN @ "BHADS,", Accused-Appellants.

  • G.R. No. 188118, November 23, 2015 - FEDERAL PHOENIX ASSURANCE CO., LTD., Petitioner, v. FORTUNE SEA CARRIER, INC., Respondent.

  • G.R. No. 207105, November 10, 2015 - ARSENIO A. AGUSTIN, Petitioner, v. COMMISSION ON ELECTIONS AND SALVADOR S. PILLOS, Respondent.

  • G.R. No. 210616, November 25, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDDIE SALIBAD Y DILO, Accused-Appellant.

  • G.R. No. 174115, November 09, 2015 - PUNONGBAYAN AND ARAULLO (P&A), BENJAMIN R. PUNONGBAYAN., JOSE G. ARAULLO, GREGORIO S. NAVARRO, ALFREDO V. DAMIAN AND JESSIE C. CARPIO, Petitioners, v. ROBERTO PONCE LEPON, Respondent.

  • G.R. No. 189229, November 23, 2015 - REYNALDO NOBLADO, JIMMY ARAGON, ARTURO MALAYO, MARCIANO VICTORIA, ELINO DALANON, JOSE ESTRIL, DOMINGO MALUPENG, ALFREDIE RAYTA, ROMULO RECOMES, ADRIAN VERCELES, RUEL MAD RON A, RUBEN MIRAFUENTES, ARNULFO MALAYO, JAIME REMIAS, JELMER BEROLLA, EDIL CASTILLO, FELICIDAD ROSIMA, MITCHEL VICTORIA, DANIEL MALUPENG, ZOSIMO RANAS, ROSIETA RAYTA, RAFAEL TUMIMBANG, FLORENCIO VICTORIA, ERNESTO VICTORIA, CERIA ORTIZ, RAUL ADRA, AND VICENTE CUACHIN, SUBSTITUTED BY HIS LEGAL HEIRS, NAMELY: LILIA LORENO CUACHIN, NILO L. CUACHIN, LEONARDO L. CUACHIN, JUDITH L. CUACHIN, VILMA CUACHIN LLANZANA, ELVIE CUACHIN MANTES, CRISTINA CUACHIN SARCIA, LILIBETH CUACHIN BELORIA, AIDA CUACHIN MIRANDILLA, JULIET CUACHIN AWA, Petitioners, v. PRTNCESITA K. ALFONSO, Respondent.

  • G.R. No. 208842, November 10, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. REYNALDO SIMBULAN ARCEO, Accused-Appellant.

  • G.R. No. 162032, November 25, 2015 - RURAL BANK OF MALASIQUI, INC., Petitioner, v. ROMEO M. CERALDE AND EDUARDO M. CERALDE, JR., Respondent.

  • G.R. No. 175378, November 11, 2015 - MULTI-INTERNATIONAL BUSINESS DATA SYSTEM, INC., Petitioner, v. RUEL MARTINEZ, Respondent.

  • A.M. No. P-11-2992 (Formerly A.M. No. 11-8-156-RTC), November 09, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ROGER D. COREA, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 39, POLOMOLOK, SOUTH COTOBATO, Respondent.

  • G.R. No. 215471, November 23, 2015 - MARLOW NAVIGATION PHILIPPINES INC., MARLOW NAVIGATION CO. LTD./ CYPRUS, LIGAYA C. DELA CRUZ AND ANTONIO GALVEZ, JR., Petitioners, v. BRAULIO A. OSIAS, Respondent.

  • G.R. No. 210603, November 25, 2015 - EDITHA B. SAGUIN AND LANI D. GRADO, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 209284, November 10, 2015 - RENEE B. TANCHULING, AND THE HEIRS OF VICENTE N. Y. TANCHULING, NAMELY REBECCA TANCHULING-TAN, RITA TANCHULING-MAPA, ROSEMARIE TANCHULING-SALINAS, AND VINCENT RAYMOND B. TANCHULING, Petitioners, v. SOTERO C. CANTELA, Respondent.

  • G.R. No. 206593, November 10, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAMONITO B. ASIGNAR, Accused-Appellant.

  • G.R. No. 213679, November 25, 2015 - JAY H. LICAYAN, Petitioner, v. SEACREST MARITIME MANAGEMENT, INC., CLIPPER FLEET MANAGEMENT, A/S AND/OR REDENTOR ANAYA, Respondent.

  • G.R. No. 192629, November 25, 2015 - FILINVEST LAND, INC., Petitioner, v. EDUARDO R. ADIA, LITO M. ADIGUE, CANDIDO M. AMPARO, MARINO S. AMPARO, RODOLFO S. AMPARO, FLORDELIZA L. ARIAS, BALBINO M. ATIENZA, PEDRO M. ATIENZA, DALMACIO C. AVANILLA, PASTOR M. AVANILLA, VENACIO P. BAUTISTA, RODOLFO S. BERGADO, ENRIQUE R. BRABANTE, EMMA D. BUBAN, JUANITO A. CANDARE, ROMEO O. CANDARE, ANTONIO M. CATAPANG, EDUARDO A. CATAPANG, GRACIANO C. CATAPANG, HERMINIO V. CATAPANG, JUANA P. CATAPANG, REYNALDO P. CATAPANG, ROMEO A. CATAPANG, RODOLFO A. CATAPANG, VICTORIANO A. CATAPANG, JUAN D. CENTOS, FERNANDO B. CERNETCHEZ, EDUARDO C. CREENCIA, ARNEL N. M. CREMA, REYNALDO B. CRISTAL, MOISES CUBCUBIN, DELSO POBLETO, SALVADOR M. DE LEON, MELQUIADES P. DESCALSO, GREGORIO P. DINO, ROBERTO L. DOMINO, CELSO R. ESCALLAR, ARMAND P. ESCUADRO, ELISA C. FELICIANO, PASTOR C. FERRER, ERLINDO M. FORMARAN, LEONARDO D. GARINO, RAFAEL R. GRANADO, ALMARIO IBANEZ, CASIMIRO P. IBANEZ, CEFERINO P. IBANEZ, MIGUEL V. IBANEZ, MONTANO V. IBANEZ, CESAR N. JECIEL, ALFREDO B. LAURENTE, EFIGENIA B. LAURENTE, CELSO C. MEDINA, EDUARDO A. PANGANIBAN, ROMEO C. PASCUA, DANILO L. PAULMINO, LAURO A. PEGA, LEONARDO M. PEREZ, FELIPE V. PETATE, LEONARDO V. PETATE, ESTANISLAO PORTO, MAXIMO D. PORTO, GREGORIO L. REYES, JOSE L. REYES, LEONARDO M. SALINGYAGA, DEMETRIO A. SALONGA, MANOLITO G. SORILLA, HERMOGENES L. TORRES, JUANITO M. TORRES, MARIANO B. TAGLE, MARIO D. TAGLE, AND SANCHO V. VILLA, Respondents.

  • G.R. No. 185058, November 09, 2015 - JOVITA S. MANALO, Petitioner, v. ATENEO DE NAGA UNIVERSITY, FR. JOEL TABORA AND MR. EDWIN BERNAL, Respondent.

  • G.R. No. 217380, November 23, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO CUESTA Y ASTORGA A.K.A BOYET CUBILLA Y QUINTANA, Accused-Appellant.

  • G.R. No. 189509, November 23, 2015 - METROPOLITAN BANK & TRUST COMPANY, Petitioner, v. G & P BUILDERS, INCORPORATED, SPOUSES ELPIDIO AND ROSE VIOLET PARAS, SPOUSES JESUS AND MA. CONSUELO PARAS AND VICTORIA PARAS, Respondents.

  • G.R. No. 208844, November 10, 2015 - F & S VELASCO COMPANY, INC., IRWIN J. SEVA, ROSINA B. VELASCO-SCRIBNER, MERCEDEZ SUNICO, AND JOSE SATURNINO O. VELASCO, Petitioners, v. DR. ROMMEL L. MADRID, PETER PAUL L. DANAO, MANUEL L. ARIMADO, AND MAUREEN R. LABALAN, Respondents.

  • G.R. No. 170458, November 23, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY ASSET PRIVATIZATION TRUST, NOW PRIVATIZATION AND MANAGEMENT OFFICE (PMO), Petitioner, v. VIRGILIO M. TATLONGHARI, DOMINGO P. UY, GUILLERMO P. UY, HINOSAN MOTORS CORPORATION, AND WESTERN GUARANTY CORPORATION, Respondents.

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    A.C. No. 10737, November 09, 2015 - ROLANDO TOLENTINO, Complainant, v. ATTY. RODIL L. MILLADO AND ATTY. FRANCISCO B. SIBAYAN, Respondents.

      A.C. No. 10737, November 09, 2015 - ROLANDO TOLENTINO, Complainant, v. ATTY. RODIL L. MILLADO AND ATTY. FRANCISCO B. SIBAYAN, Respondents.

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    A.C. No. 10737, November 09, 2015

    ROLANDO TOLENTINO, Complainant, v. ATTY. RODIL L. MILLADO AND ATTY. FRANCISCO B. SIBAYAN, Respondents.

    R E S O L U T I O N

    REYES, J.:

    Before the Court is the instant Verified Letter Complaint for Disbarment1 dated February 9, 2015 filed by Rolando Tolentino (Tolentino) against Atty. Rodil L. Millado (Atty. Millado) and Atty. Francisco B. Sibayan (Atty. Sibayan) (respondents) for alleged unethical misrepresentations in violation of the Canons of the Code of Professional Responsibility.

    Antecedents

    In the October 28, 2013 elections, Tolcntino and Henry A. Manalo (Manalo) both ran as Punong Barangay of Barangay Calingcuan, Tarlac City. Manalo was proclaimed winner with 441 votes. Tolentino, on the other hand, garnered 440 votes.2

    Tolentino thereafter filed against Manalo an Election Protest3 dated October 30, 2013 before the Municipal Trial Court in Cities (MTCC), Tarlac City. The protest was docketed as Election Case No. 03-2013, raffled to Branch 1 presided by Judge Ryan Scott F. Robiņos (Judge Robiņos).

    Alter the revision of ballots and conduct of hearings with reception of evidence, Judge Robinos rendered on November 26, 2014 a Decision4 declaring Tolentino the winner with 438 votes as opposed to 436 garnered by Manalo.

    To assail the MTCC Decision dated November 26, 2014, Manalo promptly filed an ordinary appeal before the Commission on Elections (COMELEC).5

    Tolentino, on his part, filed before the MTCC a motion for execution pending appeal,6 which was granted through the Special Order7 dated December 16, 2014.

    Manalo filed before the COMELEC a Petition for Certiorari8 dated January 8, 2015 to challenge the MTCC Special Order dated December 16, 2014. Manalo was represented therein by Atty. Millado.

    On January 26, 2015, Atty. Sibayan, as collaborating counsel for Manalo, filed before the COMELEC an Extremely Urgent Manifestation/Motion for Issuance of Injunctive Relief and/or Status Quo Ante Order with Entry of Appearance.9

    On January 30, 2015, the COMELEC First Division issued a Temporary Restraining Order enjoining Judge Robiņos from implementing or enforcing the MTCC Special Order dated December 16, 2014. Due to the possibility that Tolentino had already assumed the functions of Punong Barangay pursuant to the aforementioned Special Order, the COMELEC likewise issued a Status Quo Ante Order directing the turnover of the post to Manalo.10

    Issues

    In February of 2015, Tolentino filed before the Court the instant complaint for disbarment against the respondents alleging violation of Rules 10.0111 and 10.212 of Canon 1013 of the Code of Professional Responsibility committed through the following:chanRoblesvirtualLawlibrary

    (1) Atty. Millado improperly misrepresented in the Petition for Certiorari, which he filed before the COMELEC, the ruling in the case of Fermo v. COMELEC,14 to the effect that "shortness of the remaining term of office and posting of bond are not good reasons for execution of a judgment pending appeal."15

    (2) Atty. Sibayan wrote a misleading statement in his Extremely Urgent Manifestation/Motion for Issuance of Injunctive Relief and/or Status Quo Ante Order with Entry of Appearance filed before the COMELEC. He wrote that the protest case was initiated on November 16, 2013 and decided on May 5, 2014.16 The MTCC had in fact rendered its Decision on November 26, 2014.

    (3) The respondents falsely alleged that the MTCC had baselessly disregarded the conclusions of the Philippine National Police (PNP) Crime Laboratory anent the dissimilarities in the handwritings found in some of the ballots, resulting to prejudice against Manalo. Tolentino claimed that the handwritings belonged to the same persons.17

    In his Comment,18 Atty. Millado claims that Tolentino's complaint tends to destroy his honor and reputation as a person and a lawyer.

    Atty. Millado denies having misquoted the doctrine in Fermo. In the aforesaid case, the Court ruled that the "shortness of term, alone and by itself, cannot justify premature execution:"19 The Petition for Certiorari, which he filed before the COMELEC, indicated that the shortness of term is not a sufficient ground to support execution pending appeal. The statement in Fermo, on one hand, and Atty. Millado's in his Petition for Certiorari, on the other, meant the same thing. Before an order directing execution pending appeal in an election protest case can be issued, there must exist other grounds justifying the same apart from shortness of term alone.20

    Atty. Millado further avers that his statement anent the MTCC's baseless disregard of the findings of the PNP Crime Laboratory is honest and objective. Tolentino presented an expert witness from the National Bureau of Investigation (NBI), who testified that the handwritings found in several ballots were written by the same persons. Manalo, on his part, offered an expert witness from the PNP, who stated that the handwritings in the ballots belonged to different persons. The MTCC favored the NBI's findings even when the former "could not detennine the difference between the arcaded and circular manner of writing:"21 Thus, Atty. Millado merely and honestly observed that the MTCC substituted with its own the findings of the PNP Crime Laboratory even when the court lacked the expertise and experience in analyzing handwritings.22

    Atty. Sibayan, on his part, alleges that in his Extremely Urgent Manifestation/Motion for Issuance of Injunctive Relief and/or Status Quo Ante Order with Entry of Appearance dated January 26, 2015 filed before the COMELEC, he had inadvertently written May 5, 2014, instead of November 26, 2014, as the date of the MTCC Decision.23 He admits having committed a typographical error, but insists on his lack of intent to mislead especially since he had correctly indicated in the first paragraph of the aforesaid motion that the MTCC had rendered its Decision on November 26 2014.24 Besides, whether the MTCC rendered its Decision on May 2014 or November 2014, the fact is unchanged that the remaining term of the contested office is two years, more or less. Hence, shortness of term as a ground justifying execution pending appeal is negated.25cralawred

    Ruling of the Court

    The Court reprimands the respondents.

    The Court finds no misrepresentation or misquotation committed by Atty. Millado when he indicated that "shortness of term' is not a sufficient ground to support execution pending appeal"26 Notably, only the phrase "shortness of term" is placed inside the quotation marks. He did not exactly quote the words "shortness of term," alone and by itself cannot justify premature execution" and "shortness of the remaining term of office and posting a bond are not good reasons for execution of a judgment pending appeal" as found in Fermo.27 Atty. Millado merely restated the ruling without altering its substance. This, the Court finds as permissible.

    Anent Atty. Sibayan's alleged misrepresentation relative to the date of the MTCC's rendition of its decision, the Court finds the same to be without merit.

    In Adez Realty, Incorporated v. CA,28 the Court reminds lawyers, viz:chanRoblesvirtualLawlibrary

    It is the bounden duty of lawyers to check, review and recheck the allegations in their pleadings, x x x and ensure that the statements therein are accurate x x x. The legal profession demands that lawyers thoroughly go over pleadings, motions and other documents dictated or prepared by them xxx before filing them with the court, x x x.

    x x x x

    x x x A lawyer should never venture to mislead the court by false statements or quotations of facts or laws, x x x.29 (Citation omitted)cralawlawlibrary

    In paragraph 12.4 of Extremely Urgent Manifestation/Motion for Issuance of Injunctive Relief and/or Status Quo Ante Order with Entry of Appearance filed before the COMELEC, Atty. Sibayan indeed erroneously wrote that the MTCC had rendered its Decision on May 5, 2014.30 Notably, however, it was correctly indicated in paragraph 1 of the same Manifestation/Motion that the date of the MTCC Decision was November 26, 2014.31 Prescinding therefrom, the Court finds sufficient Atty. Sibayan's explanation that he merely committed a typographical error, without any real intent to mislead. While the lawyers arc enjoined to be precise in the allegations in their pleadings, occasional errors, if committed or omitted without apparent intent to deceive, do not provide the Court with compelling grounds to impose disciplinary measures.

    Lastly, Tolentino claims that the respondents should be penalized for falsely alleging that the MTCC, with partiality, disregarded on the basis of mere observation and nothing more, the findings of the PNP Crime Laboratory. To this, the Court agrees.

    In his Petition for Certiorari filed before the COMELEC, Atty. Millado wrote that:chanRoblesvirtualLawlibrary

    [With] [t]he disregard of x x x [the] MTCC of the examination made by the PNP Crime Laboratory and substituting the same on [the basis of] its mere observation, which is kicking [in] expertise and experience, [it] is evident that x x. x [the] MTCC' was biased in favoring [Tolentino], thus, subverting the will of the people of Barangay Calingcuan, Tarlac City in choosing [Manalo] as their duly elected Barangay Chairman[.]32cralawlawlibrary

    Atty. Sibayan made exactly the same allegation in paragraph 9 of his Extremely Urgent Manifestation/Motion for Issuance of Injunctive Relief and/or Status Quo Ante Order with Entry of Appearance filed before the COMELEC.33

    In disregarding the findings of the PNP Crime Laboratory, the MTCC explained that:chanRoblesvirtualLawlibrary

    During the respective testimonies of the document examiners, the Court asked extensive clarificatory questions from each of the witnesses. The Court would ask the document examiners to explain their findings in detail and. show the similarities or dissimilarities to the Court and point to the specific portions found in the enlarged photographs of the ballots. The witness from the NBI patiently explained his findings in detail, all the time illustrating his findings with enlarged photographs of the questioned ballots. Based on the Court[']s perception of the enlarged photographs, the Court was in agreement with the findings of the NBI examiner that there were significant similarities in the handwritings in the questioned ballots. On the other hand, the Court found it difficult to see the differences in the handwritings as pointed out by the PNP examiner. To the eye of the Court, there were no significant dissimilarities in the handwritings on the questioned ballots. For example, the PNP witness testified that tip of the letter A on Q-l is arcaded, while the letter A on Q-2 is written in a circular manner. Upon scrutiny, the Court could not determine the difference between the arcaded and circular manner of writing and the witness could not explain the differences in a clear manner.34cralawlawlibrary

    In A.M. No. 10-10-4-SC,35 the Court is emphatic that:chanRoblesvirtualLawlibrary

    [M]embership in the Bar imposes upon a person obligations and duties which are not mere flux and ferment. His investiture into the legal profession places upon his shoulders no burden more basic, more exacting and more imperative than that of respectful behavior toward the courts. He vows solemnly to conduct himself "with all good fidelity x x x to the courts"; and the Rules of Court constantly remind him "to observe and maintain the respect due to courts of justice and judicial officers." x x x.

    x x x x

    The counsel in any case may or may not be an abler or more learned lawyer than the judge, and it may tax his patience and temper to submit to rulings which he regards as incorrect, but discipline and self-respect are as necessary to the orderly administration of justice as they are to the effectiveness of an army, x x x.

    x x x x

    As an officer of the court and its indispensable partner in the sacred task of administering justice, graver responsibility is imposed upon a lawyer than any other to uphold the integrity of the courts and to show respect to its officers. This does not mean, however, that a lawyer cannot criticize a judge, x x x

    x x x x

    But it is a cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety. A wide chasm exists between fair criticism, on the one hand, and abuse and slander of courts and the judges thereof, on the other. Intemperate and unfair criticism is a gross violation of the duty of respect to courts. It is such a misconduct, that subjects a lawyer to disciplinary action.36 (Citations omitted and emphasis in the original)cralawlawlibrary

    In the case at bar, the MTCC amply explained the reasons why it had accorded more credence to the testimony of the NBI expert witness. Considering that there were two conflicting testimonies both rendered by expert witnesses, the trial court was not bound by either and was not precluded from making its own conclusions. In resolving the issue of similarities and dissimilarities in the handwritings found in several ballots, the MTCC used its powers of observation and properly applied logic to the facts of the case.

    In Atty. Millado's Petition for Certiorari and Atty. Sibayan's Extremely Urgent Manifestation/Motion for Issuance of Injunctive Relief and/or Status Quo Ante Order with Entry of Appearance filed before the COMELEC, they recklessly alleged not only the MTCC's lack of expertise and experience, but bias as well, in violation of Canon 1137 of the Code of Professional Responsibility. Rules 11.03 and 11.04 of the said Code read as follows:chanRoblesvirtualLawlibrary

    Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.

    Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. (Italics ours)cralawlawlibrary

    Again, the Court reiterates that the use of intemperate language and unkind ascriptions has no place in the dignity of judicial forum.38 Further, while lawyers are free to criticize judges, criticism sans fair basis, grossly violates the duty to accord respect owing to the courts.

    The Court notes that while Tolentino filed the instant complaint against the respondents for violation of Canon 10 of the Code of Professional Responsibility, their allegations herein clearly included the respondents' unfair attribution of lack of expertise and experience, and impartiality of the MTCC.

    WHEREFORE, respondents Atty. Rodil L. MiJlado and Atty. Francisco B. Sibayan are hereby REPRIMANDED for breach of Canon 11, Rules 11.03 and 11.04 of the Code of Professional Responsibility, with a STERN WARNING that repetition of the same or similar offenses in the future will be severely dealt with by this Court.

    SO ORDERED.chanroblesvirtuallawlibrary

    Velasco, Jr., (Chairperson), Peralta, Villarama, Jr.,, and Jardeleza, JJ., concur.

    Endnotes:


    1Rollo, pp. 1-7.

    2 Id. at 13, 43.

    3 Id. at 57-60.

    4 Id. at 13-41.

    5 Id. at 8.

    6 Id.

    7 Id. at 8-12.

    8 Id. at 42-50.

    9 Id. at 170-178.

    10 Id. at 179-180.

    11 Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead, or allow the Court to be misled by any artifice.

    12 Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.

    13 CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

    14 384 Phil. 584 (2000).

    15 Id. at 592, citing SC Resolution dated August 26, 1997 in G.R. No. 128473 entitled Lauban v. COMELEC.

    16Rollo, p. 4.

    17 Id. at 3-4.

    18 Id. at 245-249.

    19Fermo v. COMELEC, supra note 14, at 592.

    20Rollo, p. 246.

    21 Id. at 247.

    22 Id.

    23 Id. at 174.

    24 Id. at 170.

    25 Please see Atty. Sibayan's Comment, pp. 211-222; id at 215-216.

    26 Id. at 46.

    27 Supra note 14, at 592.

    28 G.R. No. 100643, October 30, 1992, 215 SCRA 301.

    29 Id. at 305-306.

    30Rollo, p. 174.

    31 Id. at 170.

    32 Id. at 46.

    33 Id. at 173.

    34 Id. at 33.

    35Re: Letter of the UP Law Faculty Entitled Restoring Integrity: A Statement by the Faculty of the UP College of Law, 660 Phil. 1 (2011).

    36 Id. at 75-78.

    37 CANON 11 - A LAWYER SMALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.

    38Atty. Fernandez v. CA Justices Verzola, Villarama, Jr. and Guariņa III, 480 Phil. 1, 8 (2004).

    A.C. No. 10737, November 09, 2015 - ROLANDO TOLENTINO, Complainant, v. ATTY. RODIL L. MILLADO AND ATTY. FRANCISCO B. SIBAYAN, Respondents.


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