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Philippine Supreme Court Jurisprudence > Year 2016 > January 2016 Decisions > G.R. No. 177680, January 13, 2016 - JENNIFER C. LAGAHIT, Petitioner, v. PACIFIC CONCORD CONTAINER LINES/MONETTE CUENCA (BRANCH MANAGER), Respondents.:




G.R. No. 177680, January 13, 2016 - JENNIFER C. LAGAHIT, Petitioner, v. PACIFIC CONCORD CONTAINER LINES/MONETTE CUENCA (BRANCH MANAGER), Respondents.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

G.R. No. 177680, January 13, 2016

JENNIFER C. LAGAHIT, Petitioner, v. PACIFIC CONCORD CONTAINER LINES/MONETTE CUENCA (BRANCH MANAGER), Respondents.

D E C I S I O N

BERSAMIN, J.:

We resolve the appeal of petitioner Jennifer Lagahit from the decision promulgated on May 10, 2006,1 whereby the Court of Appeals (CA) disposed in CA-G.R. SP No. 00991 entitled Pacific Concord Container Lines and Monette Cuenca v. National Labor Relations Commission, Fourth Division, and Jennifer Lagahit, as follows:

WHEREFORE, in view of the foregoing, the petition is hereby GRANTED and the assailed Decision dated December 15, 2004 promulgated by the National Labor Relations Commission, Fourth Division, Cebu City, in NLRC Case No. V-000529-2003/RAB Case No. VII-11-2271 -2002, as well as the Resolution dated May 25, 2005 are hereby REVERSED and SET ASIDE. Petitioner is ORDERED to pay private respondent the amount of P25.000.00 as nominal damages. Further, the preliminary injunction issued by this Court is likewise made permanent.

No pronouncement as to costs.

SO ORDERED.2ChanRoblesVirtualawlibrary

Antecedents

In February 2000, respondent Pacific Concord Container Lines (Pacific Concord), a domestic corporation engaged in cargo forwarding,3 hired the petitioner as an Account Executive/Marketing Assistant.4 In January 2002, Pacific Concord promoted her as a sales manager with the monthly salary rate of P25,000.00, and provided her with a brand new Toyota Altis plus gasoline allowance.5 On November 8, 2002, she reported for work at 9:00 a.m. and left the company premises at around 10:30 a.m. to make client calls. At 1:14 p.m. of that day, she received the following text message from respondent Monette Cuenca, to wit:

TODAY U R OFFICIALY NT CONNECTED WITH US.

Sender: MONETTE
       +639173215330
Sent: 8-Nov-2002
       13:14:016

Cuenca also sent a text message to Roy Lagahit, the petitioner's husband, as follows:

IBALIK KARON DAYON ANG AUTO OG PALIHUG LANG KO OG KUHA SA NYONG BUTANG OG DI NAKO MO STORY A NI JENIFER. IL WAIT7

Sender: MONETTE
       +639173215330
Sent: 8-Nov-2002
       12:50:548ChanRoblesVirtualawlibrary

The petitioner immediately tried to contact Cuenca, but the latter refused to take her calls. On the same day, the petitioner learned from clients and friends that the respondents had disseminated notices, flyers and memos informing all clients of Pacific Concord that she was no longer connected with the company as of November 8, 2002.9 Pacific Concord also caused the publication of the notice to the public in the Sunstar Daily issue of December 15, 2002.10

On November 13, 2002, the petitioner sent a letter to Pacific Concord,11 which reads as follows:

November 13, 2002

Branch Manager
PACIFIC CONCORD CONTAINER LINES, INC.
N&N Building A. C. Cortes Mandaue City

Attention:  Monette Cuenca

Madam,

In connection with your text message and flyers advising me that you have terminated my employment, please arrange and expedite settlement of all benefits due to me under the law.

In as much as the facts of my termination has not been formally detailed to me, I believe I was deprived of the due process that would have given me the chance to formally present my side. It startled me at first but I have accepted my fate. However, we both have names and reputations to protect. Factual incidents made as basis of my termination can help us mutually clear our names.11

Thank you,

(Sgd)
JENNIFER LAGAHIT

Cuenca replied to the letter on November 25, 2002,12 advising the petitioner thusly:

25 November 2002

TO :  MS. JENNIFER C. LAGAHIT
FM :  PACIFIC CONCORD CONTAINER LINES, INC. CEBU BRANCH

RE :  UNCOLLECTED ACCOUNTS

Herewith is the list of your uncollected accounts as of November 22, 2002.

Kindly take note that you have personally guaranteed the above accounts. Moreover, you have reported it as your income and you have already availed the commission due for the above shipments.

We are therefore holding the release of the monies due to you until we can collect the above accounts.

x x x x

(Sgd)
MONETTE G. CUENCA
Branch Manager

On November 26, 2002, the petitioner filed her complaint for constructive dismissal in the Regional Arbitration Branch of the National Labor Relations Commission (NLRC) in'Cebu City.14

In their position paper,15 the respondents denied having terminated the petitioner despite the fact that there were valid grounds to do so. They insisted that the petitioner had betrayed the trust and confidence reposed in her when she: (a) used the company-issued vehicle for her own personal interest; (b) failed to achieve her sales quota, and to enhance and develop the Sales Department; (c) enticed her marketing assistant, Jo Ann Otrera, to resign and join her in transferring to another forwarding company; (d) applied for other employment during office hours and using company resources; (e) solicited and offered the services of Seajet International, Inc. during her employment with Pacific Concord; (f) received a personal commission from Wesport Line, Inc. for container shipments; and (g) illegally manipulated and diverted several containers to Seajet International.16

The respondents claimed that Pacific Concord even issued at one time a memorandum to the petitioner17 to cite her insubordination in refusing to participate in the company's teambuilding activity; that in the two meetings held on September 27, 200218 and October 9, 2002,19 she was afforded the chance to explain her side on the reports that she was looking for other employment, but she dismissed the reports as mere speculations and assured them of her loyalty; that although valid grounds to terminate the petitioner already existed, they did not dismiss her; and that she voluntarily resigned on November 13, 2002 after probably sensing that the management had gotten wind of her anomalous transactions.20 They submitted affidavits to support their allegations.21

Ruling of the Labor Arbiter

Labor Arbiter Julie C. Rendoque rendered a decision on June 9, 2003, declaring that the respondents were not able to prove that the petitioner had committed acts constituting betrayal of trust; that they had not informed her prior to her dismissal of the offenses she had supposedly committed;22 and that owing to the illegality of the dismissal, they were liable for backwages and separation pay, to wit:

WHEREFORE, VIEWED FROM THE FOREGOING, judgment is hereby rendered declaring herein respondents GUILTY of ILLEGALLY DISMISSING complainant from her employment.  Consequently, respondents PACIFIC CONCORD CONTAINER LINES/MONEETTE [sic] CUENCA are hereby ordered to pay, jointly and severally, complainant JENNIFER C. LAGAHIT with the following:

a. Separation Pay P 25,000.00
b. Backwages P175,000.00
  TOTAL ========================= P200,000.00
  VVVVVVV


within ten (10) days from receipt hereof, through the Cashier of this Arbitration Branch.

Other claims are DISMISSED for lack of merit.

SO ORDERED.23ChanRoblesVirtualawlibrary

Ruling of the NLRC

On appeal, the NLRC affirmed the ruling of the Labor Arbiter with modification, viz.:

WHEREFORE, the Decision dated June 9, 2002 of the Labor Arbiter is MODIFIED by AFFIRMING his finding that the respondents are guilty of illegally dismissing the complainant from her employment, but MODIFYING his award for separation pay computed at one (1) month salary for every year of service, a fraction of at least six (6) months being considered one (1) year from the complainant's first day of employment in February 2000 UNTIL THE FINALITY OF THIS DECISION; and backwages starting November 8, 2002 UNTIL THE FINALITY OF THIS DECISION.

The appeal of the respondents is dismissed for lack of merit.

x x x x

SO ORDERED.24ChanRoblesVirtualawlibrary

The NLRC found that the respondents did not observe due process in terminating the services of the petitioner; and rejected their claim that she had resigned on November 13, 2002.25cralawred

The respondents filed their motion for reconsideration,26 but the NLRC denied their motion on May 25, 2005.27cralawred

Decision of the CA

On May 10, 2006, the CA promulgated its decision granting the respondents' petition for certiorari, and annulling the decision of the NLRC. It pronounced that there were sufficient justifications to terminate the petitioner's services for disloyalty and willful breach of trust, viz.:

In the present case, it is clear that Lagahit deliberately committed successive acts which translated to blatant disloyalty and willful breach of the trust reposed upon her by Pacific, and acts which, in the final reckoning are obviously detrimental to the material interest of the company under which she is employed. From January 2002, Lagahit was found to have committed a series of willful acts which may reasonably and expectedly arouse Pacific's distrust and a consequent finding of Lagahit's unfitness to continue her employment, thus: (a) Lagahit has been persistent in applying for employment in other competing cargo-forwarding companies; (b) Lagahit even enticed her Marketing Assistant to join her quest to find anoher job outside Pacific and at a competing company at that; (c) Lagahit rendered actual services at competing companies for a fee and commission while she was still under the employee of Pacific and was regularly receiving salary therefrom; and (d) Lagahit brought and referred prospective shipping clients to other cargo-forwarding corporations. Verily, the commission of the foregoing acts vividly demonstrated, not only, Lagahit's disloyalty and unfaithfulness to her employer, but likewise her blatant ingratitude to the company from which she derives her regular source of livelihood, considering that, incidentally, the performance of these disloyal and inimical acts commenced when Lagahit was just newly promoted to the higher post of Sales Manager at Pacific.

x x x x

Lagahit is not an ordinary rank-and-file employee of Pacific, but contrarily, is by far an employee authorized to formulate significant company plans and policies, and whose designation and basic functions, on its face, betrays the fact that too much trust and confidence was indeed reposed upon her. As borne by the records, Lagahit occupies the responsible post of Sales Manager, and as such her basic functions, inter alia, consists [sic] of the following: (1) formulation of strategic action and marketing plans to make the Pacific Sales Department successful, (2) implementation of marketing strategies to help Pacific Sales team achieve its periodic target, (3) direct transaction with various shipping clients, and (4) in having a free hand in dealing with various shipping lines. Quite significantly, Lagahit was given sensitive and responsible functions that goes deep into the financial success, or otherwise ruin, of Pacific, which is more than a clear testament to the fact her position is accorded with trust and confidence.

Such being the case, Lagahit owes it to herself and to Pacific to work religiously and with undivided time and attention to promote the hitter's business interests. Unfortunately, such was not the case. As it turned out, Lagahit made a consistent attempt to seek employment at other cargo forwarding companies that directly compete with the business of Pacific, obviously, constituting a willful breach of trust consequentially resulting to Pacific's loss of confidence in Lagahit's loyalty and efficacy. Worse, Lagahit conducted her job applications during office hours when she should have been rendering her services for Pacific. Furthermore, the height of her disloyalty exhibited its face when Lagahit begun to actually render services and refer prospective shipping clients to other competing cargo-forwarding companies for a fee and commission, at the same time employed with Pacific and receiving regular salary therefrom.28

Nonetheless, the CA held that despite the existence of a valid cause to terminate her employment Pacific Concord was liable for nominal damages of P25,000.00 for denying the petitioner's right to due process.29

The CA denied the petitioner's motion for reconsideration on March 30, 2007.30 Hence, this appeal.

Issues

The petitioner imputes the following errors to the CA, namely:

I

THE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION IN GIVING UNDUE WEIGHT AND CREDENCE TO THE RESPONDENTS' LATEST DEFENSE, THEREBY DISTURBING THE FINDINGS OF FACT OF THE LABOR ARBITER AND NLRC WHO SHARE THE SAME FINDINGS;

II

THE COURT OF APPEALS COMMITTED GRAVE ABUSE OF DISCRETION IN FINDING MS. LAGAHIT TO HAVE BEEN VALIDLY DISMISSED ON THE GROUND OF LOSS OF TRUST AND CONFIDENCE;

III

PETITIONER IS ENTITLED TO HER CLAIMS FOR SEPARATION PAY AND BACKWAGES31

The petitioner argues that the CA erroneously concluded that she had been dismissed considering that the respondents had initially denied her having dismissed her, and claimed instead that she had voluntarily resigned; that the Labor Arbiter and the NLRC had correctly concluded that she had not resigned, but had been illegally terminated without substantive and procedural due process;32 and that the evidence adduced against her that the

CA relied upon to sufficiently establish her breach of trust were speculative and hearsay.33

In contrast, the respondents aver that:(a) the petitioner occupied a position of trust and confidence that she breached by working for, serving, and soliciting clients in behalf of competing cargo-forwarding companies using the respondents' resources;34 (b) she had not explained her meetings, job applications and moonlighting with competing companies;35 (c) the sworn statements narrating her breach of trust and disloyalty to the company submitted by the respondents substantially justified her dismissal on the ground of loss of trust and confidence;36 and (d) her resignation letter confirmed that she no longer desired to work for the company considering that she succeeded in landing a job with Seajet Lines in just three days after her resignation.37

Did the petitioner resign as sales manager of Pacific Concord? Did Pacific Concord have sufficient grounds to terminate her for breach of trust and confidence under Article 28238 of the Labor Code?

Ruling of the Court

We find merit in the appeal.

I
Lagahit did not resign from her employment

On the first issue, we find in favor of the petitioner.

In cases of unlawful dismissal, the employer bears the burden of proving that the termination was for a valid or authorized cause, but before the employer is expected to discharge its burden of proving that the dismissal was legal, the employee must first establish by substantial evidence the fact of her dismissal from employment.39 In this case, the petitioner proved the overt acts committed by the respondents in abruptly terminating her employment through the text messages sent by Cuenca to the petitioner and her husband, as well as the notices distributed to the clients and published in the Sun Star. It is notable that the respondents did not deny or controvert her evidence on the matter. Thereby, she showed Pacific Concord's resolve to terminate her employment effective November 8, 2002.

On the other hand, the respondents' insistence that the petitioner had resigned was bereft of factual support. As a rule, the employer who interposes the resignation of the employee as a defense should prove that the employee voluntarily resigned.40 A valid resignation is the voluntary act of an employee who finds herself in a situation where she believes that personal reasons cannot be sacrificed in favor of the exigency of the service and that she has no other choice but to disassociate herself from employment.41 The resignation must be unconditional and with a clear intention to relinquish the position.42 Consequently, the circumstances surrounding the alleged resignation must be consistent with the employee's intent to give up the employment.43 In this connection, the acts of the employee before and after the resignation are considered to determine whether or not she intended, in fact, to relinquish the employment.44

The facts and circumstances before and after the petitioner's severance from her employment on November 8, 2002 did not show her resolute intention to relinquish her job. Indeed, it would be unfounded to infer the intention to relinquish from her November 13, 2002 letter, which, to us, was not a resignation letter due to the absence therefrom of anything evincing her desire to sever the employer-employee relationship. The letter instead presented her as a defenseless employee unjustly terminated for unknown reasons who had been made the subject of notices and flyers informing the public of her unexpected termination. It also depicted her as an employee meekly accepting her unexpected fate and requesting the payment of her backwages and accrued benefits just to be done with the employer.

For sure, to conclude that the petitioner resigned because of her letter of November 13, 2002 is absurd in light of the respondents having insisted that she had been terminated from her employment earlier on November 8, 2002. In that regard, every resignation presupposes the existence of the employer-employee relationship; hence, there can be no valid resignation after the fact of termination of the employment simply because the employee had no employer-employee relationship to relinquish.

II
Lagahit did not breach her employer's trust;
her dismissal was, therefore, illegal

Having settled the issue of the dismissal in the petitioner's favor, we next resolve whether or not the CA correctly ruled the petitioner's dismissal as justified on the ground of breach of trust and confidence.

The petitioner assails the CA for upholding her termination based on speculations and hearsay, and for entirely disregarding the factual findings in her favor of the LA and the NLRC.45 In contrast, the respondents maintain that the allegation of disloyalty against her was substantiated by the affidavits they had submitted that the CA relied on to sustain the validity of her dismissal.46

We agree with the petitioner.

To justify the dismissal of an employee, the employer must, as a rule, prove that the dismissal was for a just cause, and that the employee was afforded due process prior to dismissal. As a complementary principle, the employer has the onus of proving the validity of the dismissal with clear, accurate, consistent, and convincing evidence.47 The employer's case succeeds or fails on the strength of its evidence, not on the weakness of that adduced by the employee, in keeping with the principle that the scales of justice should be tilted in favor of the latter in case of doubt in the evidence presented by them.48

In its decision, the CA recognized the wide latitude of discretion given to the management in terminating managers for breach of trust and confidence. It declared Pacific Concord to have justifiably resorted to terminating the petitioner's employment as a measure of self-preservation in view of her repeated acts of disloyalty that were prejudicial to its interest.49

The CA was thereby gravely mistaken.

Article 282(c)50 of the Labor Code authorizes an employer to dismiss an employee for committing fraud, or for willful breach of the trust reposed by the employer. However, loss of confidence is never intended to provide the employer with a blank check for terminating its employee.50 For this to be a valid ground for the termination of the employee, the employer must establish that: (1) the employee must be holding a position of trust and confidence; and (2) the act complained against would justify the loss of trust and confidence.51

There are two classes of employees vested with trust and confidence. To the first class belong the managerial employees or those vested with the powers or prerogatives to lay down management policies and to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees or effectively recommend such managerial actions. The second class includes those who in the normal and routine exercise of their functions regularly handle significant amounts of money or property. Cashiers, auditors, and property custodians are some of the employees in the second class.52

The petitioner discharged the following duties and responsibilities as sales manager, to wit:

SALES MANAGER

Job Description

-
Promotes services being offered by the company
-
Must generate new accounts for the company
-
Responsible for motivating the Sales Team to hit their respective QUOTA and TARGET
-
Responsible for the Strategic Planning and Action Plan for the Sales Department
-
Should submit Production Report on a weekly basis for the Sales Department specifying each sales contribution for the week
-
Responsible in inspiring and developing confidence of the Sales Team
-
Responsible in promoting, formulating, implementing market strategy that will help achieve the target of the Sales Department
-
Coordinates regularly with the Sales people on their day to day activities regarding rates and operational matters
-
Keeps track all sales transactions, assist the sales people in their problem regarding rates and operational matters
-
Gathers and provides sales leads, replied to agents' inquiries regarding sales matters
-
Transacts rates and other related cargo needs with the shipping lines
-
Promotes and maintains good relations with clients
-
Prepares quotation to the clients for intended shipments
-
Performs other tasks, duties and responsibilities as may be assigned from time to time
-
Reports directly to the Branch Manager54

Her position as sales manager did not immediately make the petitioner a managerial employee. The actual work that she performed, not her job title, determined whether she was a managerial employee vested with trust and confidence.55 Her employment as sales manager was directly related with the sales of cargo forwarding services of Pacific Concord, and had nothing to do with the implementation of the management's rules and policies. As such, the position of sales manager came under the second class of employees vested with trust and confidence. Therein was the flaw in the CA's assailed decision. Although the mere existence of the basis for believing that the managerial employee breached the trust reposed by the employer would normally suffice to justify a dismissal,56 we should desist from applying this norm against the petitioner who was not a managerial employee.

At any rate, the employer must present clear and convincing proof of an actual breach of duty committed by the employee by establishing the facts and incidents upon which the loss of confidence in the employee may fairly be made to rest.57 The required amount of evidence for doing so is substantial proof. With these guidelines in mind, we cannot hold that the evidence submitted by the respondents (consisting of the three affidavits) sufficiently established the disloyalty of the petitioner. The affidavits did not show how she had betrayed her employer's trust. Specifically, the affidavit of Russell B. Noel58 only stated that she and her husband Roy had met over lunch with Garcia Imports and a certain Wilbur of Sea-Jet International Forwarder in the first week of November 2002. To conclude that such lunch caused Pacific Concord to lose its trust in the petitioner would be arbitrary. Similarly, the affidavit of Mark Anthony G. Lim59 was inconclusive. Therein affiant Lim deposed:

  1. That I was present when Ms. Vivian Veloso, former Branch Manager of Westport Line Inc., disclosed to Ms. Monette Cuenca and Ms. Mitzie Ibona on November 11, 2002 at the office of Admiral Overseas Shipping Corp., where she is presently employed with, that Ms. Jennifer C. Lagahit received a personal commission or rebate for the full container shipments moved via Westport Line Inc. in the amount of USD 50.00 per container.60

The foregoing statement was bereft of the particulars about how the petitioner had entered into the transaction, as well as about the prejudice that Pacific Concord had suffered from her receipt of the commission. Also, that this information was made known to Cuenca three days after she had already terminated the petitioner belied the relevance of the information to the termination.

In her affidavit,60 Jo Ann Otrera declared that the petitioner had called other forwarding companies to inquire about any vacant positions, and that the petitioner had enticed her to transfer to another company. However, such declarations did not provide the sufficient basis to warrant the respondents' loss of confidence in the petitioner. We stress that although her supposedly frantic search for gainful employment opportunities elsewhere should be considered as inappropriate for being made during office hours, the same did not constitute willful breach of trust and confidence of the employer. The loss of trust and confidence contemplated under Article 282(c) of the Labor Code is not ordinary but willful breach of trust. Verily, the breach of trust is willful if it is intentional, knowing, deliberate and without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.61 Most importantly, the cause of the loss of trust must be work-related as to expose the employee as unfit to continue working for the employer.62

Considering that the petitioner's duties related to the sales of forwarding services offered by Pacific Concord, her calling other forwarding companies to inquire for vacant positions did not breach the trust reposed in her as sales manager. Such act, being at worst a simple act of indiscretion, did not constitute the betrayal of trust that merited the extreme penalty of dismissal from employment. We remind that dismissal is a penalty of last resort, to be meted only after having appreciated and evaluated all the relevant circumstances with the goal of ensuring that the ground for dismissal was not only serious but true.63

WHEREFORE, the Court GRANTS the petition for review on certiorari; REVERSES and SETS ASIDE the decision promulgated on May 10, 2006 by the Court of Appeals; REINSTATES the decision of the National Labor Relations Commission rendered on December 15, 2004 subject to the MODIFICATION that the total monetary awards shall earn interest at the rate of 6% per annum from the finality of this decision until full satisfaction; and ORDERS the respondents to pay the costs of suit.


SO ORDERED.

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

Endnotes:


1Rollo, pp. 33-44; penned by Associate Justice Enrico A. Lanzanas (retired), with Associate Justice Painpio A. Abarintos (retired) and Associate Justice Apolinano D. Bruselas, Jr. concurring.

2 Id. at 43.

3 Id. at 34.

4 Id. at

5 Id. at 72.

6 Id. at 16, 52.

7 Translated as: "Return the car right now and please get your things, I will no longer talk with Jenifer. I'll wait" (See id. [at 16,52])

8 Id.

9 Id. at 135.

10 Id. at 1 86.

11 Id. at 152.

11 Bold underscoring is part of the original text.

12Rollo, p. 279.

14 Id. at 49.

15 Id. at 283-306.

16 Id. at 288-290.

17 Id. at 251.

18 Id. at 148-149.

19 Id. at 150-151.

20 Id. at 287.

21 Id. at 143-145.

22 Id. at 97-98.

23 Id. at 100.

24 Id. at 194.cralawred

25 Id. at 192-193.

26 Id. at 195-202.cralawred

27 Id. at 206-207.

28 Id. at 39-41.

29 Id. at 43.

30 Id. at 46-47.

31 Id. at 23.

32 Id. at 24.

33 Id. at 27.

34 Id. at 322.

35 Id. at 323.

36 Id. at 324.

37 Id. at 326.

38 Now Article 297 pursuant to R.A. No. 10151 (See DOLE Department Advisory No. 01, series of 2015)

39Noblejas v. Italian Maritime Academy of the Phils., Inc., G.R. No. 207888, June 9, 2014, 725 SCRA 570, 579; Philippine Rural Reconstruction Movement (PRRM) v. Pulgar, G.R No 169227, July 5, 2010, 623 SCRA 244-256.cralawred

40Central Azucarera clc Bais v. Siason, G.R. No. 215555, July 29, 2015; San Miguel Properties Philippines, Inc. v. Gucaban, G.R. No. July 18, 2011, 654 SCRA 18, 29; Peņaflor v. Outdoor Clothing Manufacturing Corporation, G.R. No. 177114, April 13, 2010, 618 SCRA 208, 215; Vicente v. Court of Appeals, G.R. No. 175988, August 24, 2007, 531 SCRA 240, 250.

41Globe Telecom v. Crisologo, G.R. No. 174644, August 10, 2007, 529 SCRA 811, 819; Alfaro v. Court of Appeals., G.R. No. 140812, August 28, 2001, 363 SCRA 799, 808.

42Blue Angel Manpower and Security Services v. Court of Appeals, G.R. No. 161 196, July 28, 2008, 560 SCRA 157, 164.

43Malig-on v. Equitable General Services, Inc., G.R. No. 1 85269, June 29, 2010, 622 SCRA 326, 329.

44Fortuny Garments v. Castro, G.R. No. 150668, December 15, 2005, 478 SCRA 125, 130.

45Rollo, p. 25.

46 Id. at 324.

47Aliling v. Feliciano, G.R. No. 185829, April 25, 2012, 671 SCRA 186,205.

48Prudential Guarantee and Assurance Employee Labor Union v. National Labor Relations Commission, G.R. No. 185335, June 13, 2012, 672 SCRA 375, 394.

49Rollo, pp. 39-42.

50 Now Article 297(c).

50Mabeza v. National Labor Relations Commission, G.R. No. 118506, April 18, 1997, 271 SCRA 670 682.

51Bristol Myers Squibb (Phils.) v. Baban, G.R. No. 167449, December 17, 2008. 574 SCRA 198 205- 206.

52 Id.

54Rollo, p. 236,

55 M+W Zander Philippines, Inc. v. Enriquez, G.R. No. 169173, June 5, 2009, 558 SCRA 590, 605.

56Grand Asian Shipping Lines v. Galvez, G.R. No. 1781 84, January 29, 2014, 71 5 SCRA 1,27; Mendoza v. HMS Credit Corporation, G.R. No. 187232, April 17, 2013, 696 SCRA 794, 804 citing Elcuban v. Sulpicio Lines, G.R. No. 148410, January 17, 2005, 448 SCRA 516, 478.

57Wah Yuen Restaurant v. Jayona, G.R. No. 159448, December 16, 2005, 478 SCRA 315-319; Estiva v. National Labor Relations Commission, G.R. No. 95145, August 5, 1993, 225 SCRA 169, 177.

58Rollo, p. 143.

59 Id. at 144,

60 Id.

60 Id. at 145.

61The Coca-Cola Export Corporation v. Gucayan, G.R. No. 149433, June 22, 2011, 652 SCRA 463, 471 citing Tin v. National Labor Relations Commission, G.R. No. 83433. November 12 1992, 215 SCRA 540 547.

62Alvarez v. Golden Tri Bloc, Inc., G.R. No. 202158, September 25, 2013, 706 SCRA 406, 418-419; Jerusalem v. Keppel Monte Bank, G.R. No. 169564, April 6, 2011, 647 SCRA 313, 325.

63Dongon v. Rapid Movers and Forwarders Co., Inc., G.R. No 163431 August 28 9013 704 SCRA 56, 69.



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  • G.R. No. 203882, January 11, 2016 - LORELEI O. ILADAN, Petitioner, v. LA SUERTE INTERNATIONAL MANPOWER AGENCY, INC., AND DEBBIE LAO, Respondents.

  • G.R. No. 198450, January 11, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FERNANDO RANCHE HAVANA A.K.A. FERNANDO RANCHE ABANA, Accused-Appellant.

  • G.R. No. 197825, January 11, 2016 - CAMILO SIBAL, Petitioner, v. PEDRO BUQUEL, SANTIAGO BUQUEL, JR., ROSALINDA BUQUEL, REPRESENTED BY FRANCISCO BUQUEL, Respondents.

  • AC. No. 10912, January 19, 2016 - PAULINA T. YU, Complainant, v. ATTY. BERLIN R. DELA CRUZ, Respondent.

  • G.R. No. 180993, January 27, 2016 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE LAND REGISTRATION AUTHORITY, Petitioner, v. RAYMUNDO VIAJE, ET AL., Respondents.

  • G.R. No. 218536, January 26, 2016 - ROLANDO P. TOLENTINO, Petitioner, v. COMMISSION ON ELECTIONS (FIRST DIVISION), ATTY. CRISTINA T. GUIAO-GARCIA, AND HENRY MANALO, Respondents.

  • G.R. No. 205472, January 25, 2016 - AMADO I. SARAUM, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 185746, January 20, 2016 - LUCITA TIOROSIO-ESPINOSA, Petitioner, v. HONORABLE PRESIDING JUDGE VIRGINIA HOFILEŅA-EUROPA, IN HER CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF DAVAO CITY, BRANCH 11, 11TH JUDICIAL REGION, DAVAO CITY, NICOLAS L. SUMAPIG, IN HIS CAPACITY AS SHERIFF IV OF THE OFFICE OF THE PROVINCIAL SHERIFF, OFFICE OF THE CLERK OF COURT, 11TH JUDICIAL REGION, DAVAO CITY AND NECEFERO JOVERO, Respondents.

  • G.R. No. 180434, January 20, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. MIRANT PAGBILAO CORPORATION (NOW TEAM ENERGY CORPORATION), Respondent.

  • G.R. No. 204047, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALEXANDER "SANDER" BANGSOY, Accused-Appellant.

  • G.R. No. 193140, January 11, 2016 - MILA GRACE PATACSIL PIOTROWSKI, REP. BY HER ATTORNEY-IN- FACT, VENUS G. PATACSIL, Petitioner, v. HON. COURT OF APPEALS AND GINA Q. DAPLIYAN, Respondent.

  • G.R. No. 205785, January 20, 2016 - HELEN B. LUKBAN, Petitioner, v. OPTIMUM DEVELOPMENT BANK, Respondent.

  • G.R. No. 213215, January 11, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUBEN BARON, Accused-Appellant.

  • G.R. No. 217948, January 12, 2016 - ALMA G. PARAISO-ABAN, Petitioner, v. COMMISSION ON AUDIT, Respondent.

  • A.C. No. 8723 [Formerly CBD Case No. 11-2974], January 26, 2016 - GREGORY FABAY, Complainant, v. ATTY. REX A. RESUENA, Respondent.

  • G.R. No. 196784, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MA. FE TORRES SOLINA A.K.A. MA. FE BAYLON GALLO, Accused-Appellant.

  • G.R. No. 176549, January 20, 2016 - DEPARTMENT OF AGRARIAN REFORM, QUEZON CITY & PABLO MENDOZA, Petitioners, v. ROMEO C. CARRIEDO, Respondent.

  • G.R. No. 206291, January 18, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. ZALDY SALAHUDDIN AND THREE (3) OTHER UNIDENTIFIED COMPANIONS, Appellants.

  • G.R. Nos. 173254-55 & 173263, January 13, 2016 - DIAMOND FARMS, INC., Petitioner, v. SOUTHERN PHILIPPINES FEDERATION OF LABOR (SPFL)-WORKERS SOLIDARITY OF DARBMUPCO/DIAMOND-SPFL, DIAMOND FARMS AGRARIAN REFORM BENEFICIARIES MULTI-PURPOSE COOPERATIVE (DARBMUPCO), VOLTER LOPEZ, RUEL ROMERO, PATRICK) CAPRECHO, REY DIMACALI, ELESIO EMANEL, VICTOR SINGSON, NILDA DIMACALI, PREMITIVO* DIAZ, RUDY VISTAL, ROGER MONTERO, JOSISIMO GOMEZ AND MANUEL MOSQUERA, Respondents.

  • G.R. No. 201310, January 11, 2016 - MARK REYNALD MARASIGAN Y DE GUZMAN, Petitioner, v. REGINALD FUENTES ALIAS "REGIE," ROBERT CALILAN ALIAS "BOBBY," AND ALAIN DELON LINDO, Respondents.

  • G.R. No. 171722, January 11, 2016 - REMEDIOS PASCUAL, Petitioner, v. BENITO BURGOS, ET AL., Respondents.

  • G.R. No. 209330, January 11, 2016 - SECRETARY LEILA DE LIMA, ASSISTANT STATE PROSECUTOR STEWART ALLAN A. MARIANO, ASSISTANT STATE PROSECUTOR VIMAR M. BARCELLANO AND ASSISTANT STATE PROSECUTOR GERARD E. GAERLAN, Petitioners, v. MARIO JOEL T. REYES, Respondent.

  • G.R. No. 198745, January 13, 2016 - BANCO DE ORO UNIBANK, INC. (FORMERLY BANCO DE ORO-EPCI, INC.), Petitioner, v. SUNNYSIDE HEIGHTS HOMEOWNERS ASSOCIATION, INC., Respondent.

  • G.R. No. 208986, January 13, 2016 - HIJO RESOURCES CORPORATION, Petitioner, v. EPIFANIO P. MEJARES, REMEGIO C. BALURAN, JR., DANTE SAYCON, AND CECILIO CUCHARO, REPRESENTED BY NAMABDJERA-HRC, Respondents.

  • G.R. No. 201417, January 13, 2016 - ORIX METRO LEASING AND FINANCE CORPORATION, Petitioner, v. CARDLINE INC., MARY C. CALUBAD, SONY N. CALUBAD, AND NG BENG SHENG, Respondents.

  • G.R. No. 208731, January 27, 2016 - PHILIPPINE AMUSEMENT AND GAMING CORPORATION, Petitioner, v. BUREAU OF INTERNAL REVENUE, COMMISSIONER OF INTERNAL REVENUE, AND REGIONAL DIRECTOR, REVENUE REGION NO. 6, Respondents.

  • G.R. No. 173636, January 13, 2016 - HEIRS OF JOSE MA. GEPUELA, Petitioners, v. HERNITA MEŅEZ-ANDRES, ET AL., Respondents.; G.R. No. 173770 - HERNITA MEŅEZ-ANDRES AND NELIA MEŅEZ CAYETANO, REPRESENTED BY THEIR DULY-APPOINTED ATTORNEY-IN-FACT ANGELITO MEŅEZ, Petitioners, v. HEIRS OF JOSE MA. GEPUELA, Respondents.

  • G.R. No. 199440, January 18, 2016 - MARY LOU GETURBOS TORRES, Petitioner, v. CORAZON ALMA G. DE LEON, IN HER CAPACITY AS SECRETARY GENERAL OF THE PHILIPPINE NATIONAL RED CROSS AND THE BOARD OF GOVERNORS OF THE PHILIPPINE NATIONAL RED CROSS, NATIONAL HEADQUARTERS, Respondents.

  • G.R. No. 198627, January 13, 2016 - DST MOVERS CORPORATION, Petitioner, v. PEOPLE'S GENERAL INSURANCE CORPORATION, Respondent.

  • G.R. No. 207406, January 13, 2016 - NORBERTO A. VITANGCOL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 191132, January 27, 2016 - APOSTOLIC VICAR OF TABUK, INC. REPRESENTED BY BISHOP PRUDENCIO ANDAYA, JR., Petitioner, v. SPOUSES ERNESTO AND ELIZABETH SISON AND VENANCIO WADAS, Respondents.

  • G.R. No. 202885, January 20, 2016 - WALLEM MARITIME SERVICES, INC., REGINALDO A. OBEN AND WALLEM SHIPMANAGEMENT, LTD., Petitioners, v. EDWINITO V. QUILLAO, Respondent.

  • G.R. No. 217694, January 27, 2016 - FAIRLAND KNITCRAFT CORPORATION, Petitioner, v. ARTURO LOO PO, Respondent.

  • G.R. No. 198594, January 25, 2016 - HELEN CALIMOSO, MARILYN P. CALIMOSO AND LIBY P. CALIMOSO, Petitioners, v. AXEL D. ROULLO, Respondent.

  • A.C. No. 10910 [Formerly CBD Case No. 12-3594], January 19, 2016 - ANTERO M. SISON, JR., Complainant, v. ATTY. MANUEL N. CAMACHO, Respondent.

  • G.R. No. 167615, January 11, 2016 - SPOUSES ALEXANDER AND JULIE LAM, DOING BUSINESS UNDER THE NAME AND STYLE "COLORKWIK LABORATORIES" AND "COLORKWIK PHOTO SUPPLY", Petitioners, v. KODAK PHILIPPINES, LTD., Respondent.

  • G.R. No. 206147, January 13, 2016 - MICHAEL C. GUY, Petitioner, v. ATTY. GLENN C. GACOTT, Respondent.

  • G.R. No. 206584, January 11, 2016 - MAE FLOR GALIDO, Petitioner, v. NELSON P. MAGRARE, EVANGELINE M. PALCAT, RODOLFO BAYOMBONG, AND REGISTER OF DEEDS OF ANTIQUE, SAN JOSE, ANTIQUE, Respondents.

  • G.R. No. 214490, January 13, 2016 - HOWARD LESCANO Y CARREON @ "TISOY", Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. No. CA-15-31-P (formerly OCA I.P.I. No. 13-218-CA-P), January 12, 2016 - COMMITTEE ON SECURITY AND SAFETY, COURT OF APPEALS, Complainant, v. REYNALDO V. DIANCO - CHIEF SECURITY, JOVEN O. SORIANOSOS - SECURITY GUARD 3, AND ABELARDO P. CATBAGAN - SECURITY GUARD 3, Respondents.

  • G.R. No. 198172, January 25, 2016 - REGULUS DEVELOPMENT, INC., Petitioner, v. ANTONIO DELA CRUZ, Respondent.

  • G.R. No. 195477, January 15, 2016 - SPOUSES HERMINIO E. ERORITA AND EDITHA C. ERORITA, Petitioners, v. SPOUSES LIGAYA DUMLAO AND ANTONIO DUMLAO, Respondents.

  • G.R. No. 191018, January 25, 2016 - CARLOS BORROMEO, Petitioner, v. FAMILY CARE HOSPITAL, INC. AND RAMON S. INSO, M.D., Respondents.

  • G.R. No. 202426, January 27, 2016 GINA ENDAYA, Petitioner, v. ERNESTO V. VILLAOS, Respondent.

  • G.R. No. 201595, January 25, 2016 - ALLAN M. MENDOZA, Petitioner, v. OFFICERS OF MANILA WATER EMPLOYEES UNION (MWEU), NAMELY, EDUARDO B. BORELA, BUENAVENTURA QUEBRAL, ELIZABETH COMETA, ALEJANDRO TORRES, AMORSOLO TIERRA, SOLEDAD YEBAN, LUIS RENDON, VIRGINIA APILADO, TERESITA BOLO, ROGELIO BARBERO, JOSE CASAŅAS, ALFREDO MAGA, EMILIO FERNANDEZ, ROSITA BUENAVENTURA, ALMENIO CANCINO, ADELA IMANA, MARIO MANCENIDO, WILFREDO MANDILAG, ROLANDO MANLAPAZ, EFREN MONTEMAYOR, NELSON PAGULAYAN, CARLOS VILLA, RIC BRIONES,AND CHITO BERNARDO, Respondents.

  • G.R. No. 169507, January 11, 2016 - AIR CANADA, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 194964-65, January 11, 2016 - UNIVERSITY OF MINDANAO, INC., Petitioner, v. BANGKO SENTRAL PILIPINAS, ET AL., Respondents.

  • G.R. No. 168078, January 13, 2016 - FABIO CAHAYAG AND CONRADO RIVERA, Petitioners, v. COMMERCIAL CREDIT CORPORATION, REPRESENTED BY ITS PRESIDENT, LEONARDO B. ALEJANDRO; TERESITA T. QUA, ASSISTED BY HER HUSBAND ALFONSO MA. QUA; AND THE REGISTER OF DEEDS OF LAS PINAS, METRO MANILA, DISTRICT IV, Respondents.; G.R. NO. 168357 - DULOS REALTY & DEVELOPMENT CORPORATION, REPRESENTED BY ITS PRESIDENT, JUANITO C. DULOS; AND MILAGROS E. ESCALONA, AND ILUMINADA D. BALDOZA, Petitioners, v. COMMERCIAL CREDIT CORPORATION, REPRESENTED BY ITS PRESIDENT, LEONARDO B. ALEJANDRO; TERESITA T. QUA, ASSISTED BY HER HUSBAND ALFONSO MA. QUA; AND THE REGISTER OF DEEDS OF LAS PINAS, METRO MANILA, DISTRICT IV, Respondents.

  • G.R. No. 212623, January 11, 2016 - ENRIQUE G. DE LEON, Petitioner, v. PEOPLE OF THE PHILIPPINES AND SPO3 PEDRITO L. LEONARDO, Respondents.

  • G.R. No. 219603, January 26, 2016 - MARY ELIZABETH TY-DELGADO, Petitioner, v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND PHILIP ARREZA PICHAY, Respondents.

  • G.R. No. 215847, January 12, 2016 - GOV. EXEQUIEL B. JAVIER, Petitioner, v. COMMISSION ON ELECTIONS, CORNELIO P. ALDON, AND RAYMUNDO T. ROQUERO, Respondents.

  • G.R. No. 186635, January 27, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner,; UNIVERSITY OF THE PHILIPPINES, Oppositor, v. SEGUNDINA ROSARIO, JOINED BY ZUELLGATE CORPORATION, Respondents.

  • G.R. No. 212426, January 12, 2016 - RENE A.V. SAGUISAG, WIGBERTO E. TAŅADA, FRANCISCO "DODONG" NEMENZO, JR., SR. MARY JOHN MANANZAN, PACIFICO A. AGABIN, ESTEBAN "STEVE" SALONGA, H. HARRY L. ROQUE, JR., EVALYN G. URSUA, EDRE U. OLALIA, DR. CAROL PAGADUAN-ARAULLO, DR. ROLAND SIMBULAN, AND TEDDY CASINO, Petitioners, v. EXECUTIVE PAQUITO N. DEPARTMENT DEFENSE VOLTAIRE DEPARTMENT SECRETARY OCHOA, JR., OF NATIONAL SECRETARY GAZMIN, OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, JR., DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO ABAD, AND ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, Respondents.; G.R. No. 212444 - BAGONG ALYANSANG MAKABAYAN (BAYAN), REPRESENTED BY ITS SECRETARY GENERAL RENATO M. REYES, JR., BAYAN MUNA PARTY-LIST REPRESENTATIVES NERI J. COLMENARES AND CARLOS ZARATE, GABRIELA WOMEN'S PARTY-LIST REPRESENTATIVES LUZ ILAGAN AND EMERENCIANA DE JESUS, ACT TEACHERS PARTY-LIST REPRESENTATIVE ANTONIO L. TINIO, ANAKPAWIS PARTY-LIST REPRESENTATIVE FERNANDO HICAP, KABATAAN PARTY-LIST REPRESENTATIVE TERRY RIDON, MAKABAYANG KOALISYON NG MAMAMAYAN (MAKABAYAN), REPRESENTED BY SATURNINO OCAMPO AND LIZA MAZA, BIENVENIDO LUMBERA, JOEL C. LAMANGAN, RAFAEL MARIANO, SALVADOR FRANCE, ROGELIO M. SOLUTA, AND CLEMENTE G. BAUTISTA, Petitioners, v. DEPARTMENT OF NATIONAL DEFENSE (DND) SECRETARY VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, DEFENSE UNDERSECRETARY PIO LORENZO BATINO, AMBASSADOR LOURDES YPARRAGUIRRE, AMBASSADOR J. EDUARDO MALAYA, DEPARTMENT OF JUSTICE UNDERSECRETARY FRANCISCO BARAAN III, AND DND ASSISTANT SECRETARY FOR STRATEGIC ASSESSMENTS RAYMUND JOSE QUILOP AS CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE NEGOTIATING PANEL FOR THE PHILIPPINES ON EDCA, Respondents.; KILUSANG MAYO UNO, REPRESENTED BY ITS CHAIRPERSON, ELMER LABOG, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), REPRESENTED BY ITS NATIONAL PRESIDENT FERDINAND GAITE, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO, REPRESENTED BY ITS NATIONAL PRESIDENT JOSELITO USTAREZ, NENITA GONZAGA, VIOLETA ESPIRITU, VIRGINIA FLORES, AND ARMANDO TEODORO, JR., Petitioners-in-Intervention; RENE A.Q. SAGUISAG, JR., Petitioners-in-Intervention.

  • G.R. No. 191033, January 11, 2016 - THE ORCHARD GOLF & COUNTRY CLUB, INC., EXEQUIEL D. ROBLES, CARLO R.H. MAGNO, CONRADO L. BENITEZ II, VICENTE R. SANTOS, HENRY CUA LOPING, MARIZA SANTOS-TAN, TOMAS B. CLEMENTE III, AND FRANCIS C. MONTALLANA, Petitioners, v. ERNESTO V. YU AND MANUEL C. YUHICO, Respondents.

  • G.R. No. 174673, January 11, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. FE ROA GIMENEZ AND IGNACIO B. GIMENEZ, Respondents.

  • G.R. No. 211737, January 13, 2016 - SERGIO R. OSMEŅA III, Petitioner, v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS SECRETARY JOSEPH EMILIOI A. ABAYA, MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), THE PRE-QUALIFICATION, BIDS AND AWARDS COMMITTEE (PBAC) FOR THE MACTAN-CEBU INTERNATIONAL AIRPORT PROJECT THROUGH ITS CHAIRMAN, UNDERSECRETARY JOSE PERPETUO M. LOTILLA, GMR INFRASTRUCTURE, LTD. AND MEGAWIDE CONSTRUCTION CORPORATION, Respondents.; G.R. NO. 214756 - BUSINESS FOR PROGRESS MOVEMENT AS REPRESENTED BY MEDARDO C. DEACOSTA, JR., Petitioner, v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, GMR-MEGAWIDE CEBU AIRPORT CORPORATION, Respondents.

  • G.R. No. 173137, January 11, 2016 - BASES CONVERSION DEVELOPMENT AUTHORITY, Petitioner, v. DMCI PROJECT DEVELOPERS, INC., Respondent.; G.R. NO. 173170 - NORTH LUZON RAILWAYS CORPORATION, Petitioner, v. DMCI PROJECT DEVELOPERS, INC. Respondent.

  • G.R. No. 201614, January 12, 2016 - SHERYL M. MENDEZ, Petitioner, v. SHARI'A DISTRICT COURT, 5th SHARI'A DISTRICT, COTABATO CITY, RASAD G. BALINDONG (ACTING PRESIDING JUDGE); 1st SHARI'A CIRCUIT COURT, 5th SHARI'A DISTRICT, COTABATO CITY, MONTANO K. KALIMPO (PRESIDING JUDGE); AND DR. JOHN O. MALIGA, Respondents.

  • G.R. No. 174471, January 12, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. JERRY PEPINO Y RUERAS AND PRECIOSA GOMEZ Y CAMPOS, Respondents.

  • G.R. No. 197970, January 25, 2016 - METROPOLITAN BANK AND TRUST COMPANY, Petitioner, v. FADCOR, INC. OR THE FLORENCIO CORPORATION, LETICIA D. FLORENCIO, RACHEL FLORENCIO-AGUSTIN, MA. MERCEDES FLORENCIO AND ROSENDO CESAR FLORENCIO, JR., Respondents.

  • G.R. No. 214241, January 13, 2016 - SPOUSES RAMON AND LIGAYA GONZALES, Petitioners, v. MARMAINE REALTY CORPORATION, REPRESENTED BY MARIANO MANALO, Respondent.

  • G.R. No. 194962, January 27, 2016 - CAGAYAN ECONOMIC ZONE AUTHORITY, Petitioner, v. MERIDIEN VISTA GAMING CORPORATION, Respondent.

  • G.R. No. 173140, January 11, 2016 - MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY [MCIAA], Petitioner, v. HEIRS OF GAVINA IJORDAN, NAMELY, JULIAN CUISON, FRANCISCA CUISON, DAMASTNA CUISON, PASTOR CUISON, ANGELINA CUISON, MANSUETO CUISON, BONIFACIA CUISON, BASILIO CUISON, MOISES CUISON, AND FLORENCIO CUISON, Respondents.

  • G.R. No. 171303, January 20, 2016 - ELIZABETH L. DIAZ, Petitioner, v. GEORGINA R. ENCANTO, ERNESTO G. TABUJARA, GEMINO H. ABAD AND UNIVERSITY OF THE PHILIPPINES, Respondents.

  • G.R. No. 165223, January 11, 2016 - WINSTON F. GARCIA, IN HIS CAPACITY AS PRESIDENT AND GENERAL MANAGER OF THE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Petitioner, v. MARIO I. MOLINA, Respondent.

  • G.R. No. 205639, January 18, 2016 - PEOPLE OF THE PHILIPPRNES, Appellee, v. ANITA MIRANBA Y BELTRAN, Appellant.

  • G.R. No. 203642, January 18, 2016 - THOMASITES CENTER FOR INTERNATIONAL STUDIES (TCIS), Petitioner, v. RUTH N. RODRIGUEZ, IRENE P. PADRIGON AND ARLYN B. RILLERA, Respondents.

  • G.R. No. 213863, January 27, 2016 - LAND BANK OF THE PHILIPPINES, Petitioner, v. EDGARDO L. SANTOS, REPRESENTED BY HIS ASSIGNEE, ROMEO L. SANTOS, Respondent.; G.R. NO. 214021 - EDGARDO L. SANTOS, REPRESENTED BY HIS ASSIGNEE, ROMEO L. SANTOS, Petitioner, v. LAND BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 195666, January 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FE ABELLA Y BUHAIN, Accused-Appellant.

  • G.R. No. 172919, January 13, 2016 - TIMOTEO BACALSO AND DIOSDADA BACALSO, Petitioners, v. GREGORIA B. ACA-AC, EUTIQUIA B. AGUILA, JULIAN BACUS AND EVELYN SYCHANGCO, Respondents.

  • G.R. No. 198140, January 25, 2016 - IA1 ERWIN L. MAGCAMIT, Petitioner, v. INTERNAL AFFAIRS SERVICE -PHILIPPINE DRUG ENFORCEMENT AGENCY, AS REPRESENTED BY SI V ROMEO M. ENRIQUEZ AND DIRECTOR GENERAL DIONISIO R. SANTIAGO, Respondents.

  • G.R. No. 213607, January 25, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GLEN PIAD Y BORI, RENATO VILLAROSA Y PLATINO AND NILO DAVIS Y ARTIGA, Accused-Appellants.

  • G.R. No. 207970, January 20, 2016 - FERNANDO MEDICAL ENTERPRISES, INC., Petitioner, v. WESLEYAN UNIVERSITY PHILIPPINES, INC., Respondent.

  • G.R. No. 206224, January 18, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUAN ASISLO Y MATIO, Accused-Appellant.

  • G.R. No. 215995, January 19, 2016 - VICE-MAYOR MARCELINA S. ENGLE, Petitioner, v. COMMISSION ON ELECTIONS EN BANC AND WINSTON B. MENZON, Respondents.

  • G.R. No. 174909, January 20, 2016 - MARCELINO M. FLORETE, JR., MARIA ELENA F. MUYCO AND RAUL A. MUYCO, Petitioners, v. ROGELIO M. FLORETE, IMELDA C. FLORETE, DIAMEL CORPORATION, ROGELIO C. FLORETE JR., AND MARGARET RUTH C. FLORETE, Respondents.; G.R. NO. 177275 - ROGELIO M. FLORETE SR., Petitioner, v. MARCELINO M. FLORETE, JR., MARIA ELENA F. MUYCO AND RAUL A. MUYCO, Respondents.

  • G.R. No. 213472, January 26, 2016 - ZAMBOANGA CITY WATER DISTRICT, REPRESENTED BY ITS GENERAL MANAGER, LEONARDO REY D. VASQUEZ, ZAMBOANGA CITY WATER DISTRICT-EMPLOYEES UNION, REPRESENTED BY ITS PRESIDENT, NOEL A. FABIAN, LOPE IRINGAN, ALEJO S. ROJAS, JR., EDWIN N. MAKASIAR, RODOLFO CARTAGENA, ROBERTO R. MENDOZA, GREGORIO R. MOLINA, ARNULFO A. ALFONSO, LUCENA R. BUSCAS, LUIS A. WEE, LEILA M. MONTEJO, FELECITA G. REBOLLOS, ERIC A. DELGADO, NORMA L. VILLAFRANCA, ABNER C. PADUA, SATURNINO M. ALVIAR, FELIPE S. SALCEDO, JULIUS P. CARPITANOS, HANLEY ALBANA, JOHNY D. DEMAYO, ARCHILES A. BRAULIO, ELIZA MAY R. BRAULIO, TEDILITO R. SARMIENTO, SUSANA C. BONGHANOY, LUZ A. BIADO, ERIC V. SALARITAN, RYAN ED C. ESTRADA, NOEL MASA KAWAGUCHI, TEOTIMO REYES, JR., EUGENE DOMINGO, AND ALEX ACOSTA, REPRESENTED BY LUIS A. WEE, Petitioners, v. COMMISSION ON AUDIT, Respondent.

  • G.R. No. 198889, January 20, 2016 - UFC PHILIPPINES, INC. (NOW MERGED WITH NUTRI-ASIA, INC., WITH NUTRI-ASIA, INC. AS THE SURVIVING ENTITY), Petitioner, v. FIESTA BARRIO MANUFACTURING CORPORATION, Respondent.

  • G.R. No. 192914, January 28, 2016 - NAPOLEON D. SENIT, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 10952, January 26, 2016 - ENGEL PAUL ACA, Complainant, v. ATTY. RONALDO P. SALVADO, Respondent.

  • A.C. No. 10859 [Formerly CBD Case No. 09-2514], January 26, 2016 - MARIA FATIMA JAPITANA, Complainant, v. ATTY. SYLVESTER C. PARADO, Respondent.

  • G.R. No. 192268, January 27, 2016 - DEPARTMENT OF EDUCATION, REPRESENTED BY ITS REGIONAL DIRECTOR, Petitioner, v. DELFINA C. CASIBANG, ANGELINA C. CANAPI, ERLINDA C. BAJAN, LORNA G. GUMABAY, DION1SIA C. ALONZO, MARIA C. BANGAYAN AND DIGNA C. BINAYUG, Respondents.

  • G.R. No. 180559, January 20, 2016 - ANECITA GREGORIO, Petitioner, v. MARIA CRISOLOGO VDA. DE CULIG, THRU HER ATTORN EY-IN-FACT ALFREDO CULIG, JR., Respondent.

  • G.R. No. 198752, January 13, 2016 - ARTURO C. ALBA, JR., DULY REPRESENTED BY HIS ATTORNEYS-IN-FACT, ARNULFO B. ALBA AND ALEXANDER C. ALBA, Petitioner, v. RAYMUND D. MALAPAJO, RAMIL D. MALAPAJO AND THE REGISTER OF DEEDS FOR THE CITY OF ROXAS, Respondents.

  • G.R. No. 196140, January 27, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. ELIZABETH MANALASTAS AND BEA CASTILLO, Respondents.

  • G.R. No. 216920, January 13, 2016 - GIRLIE M. QUISAY, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 210454, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff and Appellee, v. RONALDO CASACOP Y AMIL, Accused-Appellant.

  • G.R. No. 187691, January 13, 2016 - OLYMPIA HOUSING, INC., Petitioner, v. ALLAN LAPASTORA AND IRENE UBALUBAO, Respondents.

  • A.M. No. P-15-3344, January 13, 2016 - ANTONIO A. FERNANDEZ, Complainant, v. MILA A. ALERTA, Respondent.

  • G.R. No. 214092, January 11, 2016 - ECHO 2000 COMMERCIAL CORPORATION, EDWARD N. ENRIQUEZ, LEONORA K. BENEDICTO AND ATTY. GINA WENCESLAO, Petitioners, v. OBRERO FILIPINO-ECHO 2000 CHAPTER-CLO, ARLO C. CORTES AND DAVE SOMIDO, Respondents.

  • G.R. No. 197665, January 13, 2016 - P/S INSP. SAMSON B. BELMONTE, SPO1 FERMO R. GALLARDE, PO3 LLOYD F. SORIA, PO1 HOMER D. GENEROSO, PO1 SERGS DC. MACEREN, PO3 AVELINO L. GRAVADOR, PO2 FIDEL O. GUEREJERO, AND PO1 JEROME T. NOCHEFRANCA, JR., Petitioner, v. OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW ENFORCEMENT OFFICES, OFFICE OF THE OMBUDSMAN, Respondent.

  • G.R. No. 188213, January 11, 2016 - NATIVIDAD C. CRUZ AND BENJAMIN DELA CRUZ, Petitioners, v. PANDACAN HIKER'S CLUB, INC., REPRESENTED BY ITS PRESIDENT, PRISCILAILAO, Respondent.

  • G.R. No. 170004, January 13, 2016 - ILONA HAPITAN, Petitioner, v. SPOUSES JIMMY LAGRADILLA AND WARLILY LAGRADILLA AND ESMERALDA BLACER, Respondents.

  • G.R. No. 174113, January 13, 2016 - PAZ CHENG Y CHU, Petitioner, v. PEOPLE OF PHILIPPINES, THE Respondent.

  • G.R. No. 176986, January 13, 2016 - NISSAN CAR LEASE PHILS., INC., Petitioner, v. LICA MANAGEMENT, INC. AND PROTON PILIPINAS, INC., Respondents.

  • G.R. No. 178501, January 11, 2016 - NILO S. RODRIGUEZ, FRANCISCO T. ALISANGCO, BENJAMIN T. ANG, VICENTE P. ANG, SILVESTRE D. ARROYO, RUDERICO C. BAQUIRAN, WILFREDO S. CRUZ, EDMUNDO M. DELOS REYES, JR., VIRGILIO V. ECARMA, ISMAEL F. GALISIM, TITO F. GARCIA, LIBERATO D. GUTIZA, GLADYS L. JADIE, LUISITO M. JOSE, PATERNO C. LABUGA, JR. NOEL Y. LASTIMOSO, DANILO C. MATIAS, BEN T. MATURAN, VIRGILIO N. OCHARAN, GABRIEL P. PIAMONTE, JR., ARTURO A. SABADO, MANUEL P. SANCHEZ, MARGOT A. CORPUS AS THE SURVIVING SPOUSE OF THE DECEASED ARNOLD S. CORPUS, AND ESTHER VICTORIA A. ALCAŅESES AS THE SURVIVING SPOUSE OF THE DECEASED EFREN S. ALCAŅESES, Petitioners, v. PHILIPPINE AIRLINES, INC., AND NATIONAL LABOR RELATIONS COMMISSION, Respondent.; G.R. NO. 178510 - PHILIPPINE AIRLINES, INC., Petitioner, v. NILO S. RODRIGUEZ, FRANCISCO T. ALISANGCO, BENJAMIN T. ANG, VICENTE P. ANG, SILVESTRE D. ARROYO, RUDERICO C. BAQUIRAN, ARNOLD S. CORPUS, WILFREDO S. CRUZ, EDMUNDO M. DELOS REYES, JR., VIRGILIO V. ECARMA, ISMAEL F. GALISIM, TITO F. GARCIA, LIBERATO D. GUTIZA, GLADYS L. JADIE, LUISITO M. JOSE, PATERNO C. LABUGA, JR., NOEL Y. LASTIMOSO, DANILO C. MATIAS, BEN T. MATURAN, VIRGILIO N. OCHARAN, GABRIEL M. PIAMONTE, JR., RODOLFO O. POE, JR., ARTURO A. SABADO, MANUEL P. SANCHEZ, and ESTHER VICTORIA A. ALCAŅESES, AS THE SOLE HEIR OF THE DECEASED EFREN S. ALCAŅESES, Respondents.

  • G.R. No. 190798, January 27, 2016 - RONALD IBAŅEZ, EMILIO IBAŅEZ, AND DANIEL "BOBOT" IBAŅEZ, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. Nos. 198916-17, January 11, 2016 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. ST. FRANCIS SQUARE REALTY CORPORATION, Respondent.; G.R. NOS. 198920-21 - ST. FRANCIS SQUARE REALTY CORPORATION, Petitioner, v. MALAYAN INSURANCE COMPANY, INC., Respondent.

  • G.R. Nos. 198916-17, January 11, 2016 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. ST. FRANCIS SQUARE REALTY CORPORATION, Respondent.; G.R. NOS. 198920-21 - ST. FRANCIS SQUARE REALTY CORPORATION, Petitioner, v. MALAYAN INSURANCE COMPANY, INC., Respondent.

  • A.C. No. 10868 [Formerly CBD Case No. 07-2041], January 26, 2016 - CHERYL E. VASCO-TAMARAY, Complainant, v. ATTY. DEBORAH Z. DAQUIS, Respondent.

  • G.R. No. 212070, January 20, 2016 - CEBU PEOPLE'S MULTI­PURPOSE COOPERATIVE AND MACARIO G. QUEVEDO, Petitioners, v. NICERATO E. CARBONILLA, JR., Respondent.

  • G.R. No. 160408, January 11, 2016 - SPOUSES ROBERTO AND ADELAIDA PEN, Petitioners, v. SPOUSES SANTOS AND LINDA JULIAN, Respondents.

  • G.R. No. 180235, January 20, 2016 - ALTA VISTA GOLF AND COUNTRY CLUB, Petitioner, v. THE CITY OF CEBU, HON. MAYOR TOMAS R. OSMEŅA, IN HIS CAPACITY AS MAYOR OF CEBU, AND TERESITA C. CAMARILLO, IN HER CAPACITY AS THE CITY TREASURER, Respondents.

  • G.R. No. 177680, January 13, 2016 - JENNIFER C. LAGAHIT, Petitioner, v. PACIFIC CONCORD CONTAINER LINES/MONETTE CUENCA (BRANCH MANAGER), Respondents.

  • A.C. No. 10753 (Formerly CBD Case No. 10-2703), January 26, 2016 - ATTY. PABLO B. FRANCISCO, Complainant, v. ATTY. ROMEO M. FLORES, Respondent.

  • G.R. No. 156635, January 11, 2016 - THE HONGKONG & SHANGHAI BANKING CORPORATION EMPLOYEES UNION, MA. DALISAY P. DELA CHICA, MARVILON B. MILITANTE, DAVID Z. ATANACIO, JR., CARMINA C. RIVERA, MARIO T. FERMIN(T), ISABELO E. MOLO, RUSSEL M. PALMA, IMELDA G. HERNANDEZ, VICENTE M. LLACUNA, JOSEFINA A. ORTIGUERRO, MA. ASUNCION G. KIMSENG, MIGUEL R. SISON, RAUL P. GERONIMO, MARILOU E. CADENA, ANA N. TAMONTE, AVELINO Q. RELUCIO, JORALYN R. GONGORA, CORAZON E. ALBOS, ANABELLA J. GONZALES, MA. CORAZON Q. BALTAZAR, MARIA LUZ I. JIMENEZ, ELVIRA A. ORLINA, SAMUEL B. ELLARMA, ROSARIO A. FLORES, EDITHA L. BROQUEZA, REBECCA T. FAJARDO, MA. VICTORIA C. LUNA, MA. THERESA G. GALANG, BENIGNO V. AMION, GERARDO J. DE LEON, ROWENA T. OCAMPO, MALOU P. DIZON, RUBEN DE C. ATIENZA, MELO E. GABA, HERNAN B. CAMPOSANTO, NELIA D. M. DERIADA, LOLITO L. HILIS, GRACE C. MABUNAY, FE ESPERANZA C. GERONG, MANUEL E. HERRERA, JOSELITO J. GONZAGA, ULDARTCO D. PEDIDA, ROSALINA JULIET B. LOQUELLANO, MARCIAL F. GONZAGA, MERCEDES R. PAULE, JOSE TEODORO A. MOTUS, BLANCHE D. MOTUS, DAISY M. FAGUTAO, ANTONIO A. DEL ROSARIO, EMMANUEL JUSTIN S. GREY, FRANCISCA DEL MUNDO, JULIETA A. CRUZ, RODRIGO J. DURANO, CATALINA R. YEE, MENANDRO CALIGAGAN, MAIDA M. SACRO MILITANTE, LEONILA M. PEREZ, AND EMMA MATEO, Petitioners, v. NATIONAL LABOR RELATIONS COMMISSION AND THE HONGKONG & SHANGHAI BANKING CORPORATION, LTD., Respondents.

  • G.R. No. 211062, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANUEL MACAL Y BOLASCO, Accused-Appellants.

  • G.R. No. 158622, January 27, 2016 - SPOUSES ROBERT ALAN L. AND NANCY LEE LIMSO, Petitioners, v. PHILIPPINE NATIONAL BANK AND THE REGISTER OF DEEDS OF DAVAO CITY, Respondents.; G.R. NO. 169441 - DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN AND NANCY LIMSO, Petitioners, v. HON. JESUS V. QUITAIN, IN HIS CAPACITY AS PRESIDING JUDGE OF REGIONAL TRIAL COURT, DAVAO CITY, BRANCH 15 AND PHILIPPINE NATIONAL BANK, Respondents.; G.R. NO. 172958 - DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION REPRESENTED BY ITS PRESIDENT ROBERT ALAN L. LIMSO, AND SPOUSES ROBERT ALAN AND NANCY LEE LIMSO, Petitioners, v. HON. JESUS V. QUITAIN, IN HIS CAPACITY AS PRESIDING JUDGE OF REGIONAL TRIAL COURT, DAVAO CITY, BRANCH 15 AND PHILIPPINE NATIONAL BANK, Respondents.; G.R. NO. 173194 - PHILIPPINE NATIONAL BANK, Petitioner, v. DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN LIMSO AND NANCY LEE LIMSO, Respondents.; G.R. NO. 196958 - PHILIPPINE NATIONAL BANK, Petitioner, v. DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN L. LIMSO AND NANCY LEE LIMSO, Respondent.; G.R. NO. 197120 - DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN AND NANCY LEE LIMSO, Petitioners, v. PHILIPPINE NATIONAL BANK, Respondent.; G.R. NO. 205463 - IN THE MATTER OF THE PETITION EX-PARTE FOR THE ISSUANCE OF THE WRIT OF POSSESSION UNDER LRC RECORD NO. 12973, 18031 AND LRC RECORD NO. 317, PHILIPPINE NATIONAL BANK,