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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-2016 Jurisprudence                 

  • A.C. No. 7387, November 07, 2016 - MANUEL ENRIQUE L. ZALAMEA, AND MANUEL JOSE L. ZALAMEA, Petitioners, v. ATTY. RODOLFO P. DE GUZMAN, JR. AND PERLAS DE GUZMAN, ANTONIO, VENTURANZA, QUIZON-VENTURANZA, AND HERROSA LAW FIRM, Respondents.

  • G.R. No. 204419, November 07, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. HON. EDMAR P. CASTILLO, SR., AS PRESIDING JUDGE OF BRANCH 6, REGIONAL TRIAL COURT, APARRI, CAGAYAN AND JEOFREY JIL RABINO Y TALOZA, Respondent.

  • G.R. No. 217956, November 16, 2016 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), Petitioner, v. LIMBONHAI AND SONS, Respondent.

  • G.R. No. 212008, November 16, 2016 - WILLIAM ENRIQUEZ AND NELIA-VELA ENRIQUEZ, Petitioners, v. ISAROG LINE TRANSPORT, INC. AND VICTOR SEDENIO, Respondent.

  • A.C. No. 11059, November 09, 2016 - JOSE ANTONIO F. BALINGIT, Complainant, v. ATTY. RENATO M. CERVANTES AND ATTY. TEODORO B. DELARMENTE, Respondent.

  • G.R. No. 215198, November 09, 2016 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JHUN VILLALON Y ORDONO, Accused-Appellants.

  • G.R. No. 213221, November 09, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BIYAN MOHAMMAD Y ASDORI A.K.A. "BONG BIYAN" AND MINA LADJAHASAN Y TOMBREO, ACCUSED, MINA LADJAHASAN Y TOMBREO, Accused-Appellant.

  • G.R. No. 213934, November 09, 2016 - MARY ANN G. VENZON, EDDIE D. GUTIERREZ, JOSE M. GUTIERREZ, JR. AND MONA LIZA L. CABAL, Petitioners, v. ZAMECO II ELECTRIC COOPERATIVE, INC. AND ENGR. FIDEL S. CORREA, GENERAL MANAGER, Respondents.

  • G.R. No. 208090, November 09, 2016 - FERDINAND V. TOMAS, Petitioner, v. CRIMINAL INVESTIGATION AND DETECTION GROUP (CIDG) - ANTI-ORGANIZED CRIME DIVISION (AOCD) (CIDG-AOCD) AND MYRNA UY TOMAS, Respondent.

  • G.R. No. 224302, November 29, 2016 - HON. PHILIP A. AGUINALDO, HON. REYNALDO A. ALHAMBRA, HON. DANILO S. CRUZ, HON. BENJAMIN T. POZON, HON. SALVADOR V. TIMBANG, JR., AND THE INTEGRATED BAR OF THE PHILIPPINES (IBP), Petitioners, v. HIS EXCELLENCY PRESIDENT BENIGNO SIMEON C. AQUINO III, HON. EXECUTIVE SECRETARY PAQUITO N. OCHOA, HON. MICHAEL FREDERICK L. MUSNGI, HON. MA. GERALDINE FAITH A. ECONG, HON. DANILO S. SANDOVAL, HON. WILHELMINA B. JORGE-WAGAN, HON. ROSANA FE ROMERO-MAGLAYA, HON. MERIANTHE PACITA M. ZURAEK, HON. ELMO M. ALAMEDA, AND HON. VICTORIA C. FERNANDEZ-BERNARDO, Respondent.

  • G.R. Nos. 212656-57, November 23, 2016 - MAYOR AMADO CORPUZ, JR., Petitioner, v. PEOPLE OF THE PHILIPPINES AND SANDIGANBAYAN, Respondents.

  • G.R. No. 190385, November 16, 2016 - UCPB GENERAL INSURANCE COMPANY, INC. Petitioner, v. HUGHES ELECTRONICS CORPORATION, Respondent.

  • G.R. No. 209303, November 14, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. THE PROVINCIAL TREASURER OF BENGUET, THE PROVINCIAL ASSESSOR OF BENGUET, THE MUNICIPAL TREASURER OF ITOGON, BENGUET AND THE MUNICIPAL ASSESSOR OF ITOGON, BENGUET, Respondent.

  • G.R. Nos. 209415-17, November 15, 2016 - JOCELYN "JOY" LIM-BUNGCARAS, Petitioner, v. COMMISSION ON ELECTIONS (COMELEC) AND RICO RENTUZA, Respondents.; HERMENEGILDO S. CASTIL, Petitioner, v. COMMISSION ON ELECTIONS (COMELEC) AND RACHEL B. AVENDULA, Respondents.; JESUS AVENDULA, JR., DOMINGO RAMADA, JR. AND VICTOR RAMADA, Petitioners, v. COMMISSION ON ELECTIONS (COMELEC), MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA O. MALUBAY AND BELEN G. BUNGCAG, Respondents.; G.R. No. 210002 - ALDRIN B. PAMAOS, Petitioner, v. COMMISSION ON ELECTIONS, MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA O. MALUBAY AND BELEN G. BUNGCAG, Respondent.

  • A.M. No. 16-02-01-CTA, November 15, 2016 - MA. ROSARIO R. ESCAÑO, CHIEF JUDICIAL STAFF OFFICER, HUMAN RESOURCE DIVISION, OFFICE OF ADMINISTRATIVE AND FINANCE SERVICES, COURT OF TAX APPEALS, Complainant, v. ADRIAN P. MANAOIS, HUMAN RESOURCE MANAGEMENT OFFICER III, HUMAN RESOURCE DIVISION, COURT OF TAX APPEALS, Respondent.

  • A.M. No. P-15-3386 (Formerly A.M. No. 15-07-227-RTC), November 15, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. CLERK OF COURT VI MELVIN C. DEQUITO AND CASH CLERK ABNER C. ARO, REGIONAL TRIAL COURT, SAN PABLO CITY, LAGUNA, Respondent.

  • G.R. No. 208350, November 14, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. HEIRS OF SPOUSES TOMASA ESTACIO AND EULALIO OCOL, Respondents.

  • G.R. No. 188751, November 16, 2016 - BONIFACIO NIEVA Y MONTERO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 225973, November 08, 2016 - SATURNINO C. OCAMPO, TRINIDAD H. REPUNO, BIENVENIDO LUMBERA, BONIFACIO P. ILAGAN, NERI JAVIER COLMENARES, MARIA CAROLINA P. ARAULLO, M.D., SAMAHAN NG EX­DETAINEES LABAN SA DETENSYON AT ARESTO (SELDA), REPRESENTED BY DIONITO CABILLAS, CARMENCITA M. FLORENTINO, RODOLFO DEL ROSARIO, FELIX C. DALISAY, AND DANILO M. DELAFUENTE,* Petitioners, v. REAR ADMIRAL ERNESTO C. ENRIQUEZ (IN HIS CAPACITY AS THE DEPUTY CHIEF OF STAFF FOR RESERVIST AND RETIREE AFFAIRS, ARMED FORCES OF THE PHILIPPINES), THE GRAVE SERVICES UNIT (PHILIPPINE ARMY), AND GENERAL RICARDO R. VISAYA (IN HIS CAPACITY AS THE CHIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES), DEFENSE SECRETARY DELFIN LORENZANA, AND HEIRS OF FERDINAND E. MARCOS, REPRESENTED BY HIS SURVIVING SPOUSE IMELDA ROMUALDEZ MARCOS, Respondents.; RENE A.V. SAGUISAG, SR., RENE A.Q. SAGUISAG, JR., RENE A.C. SAGUISAG III, Intervenors.; G.R. No. 225984 - REP. EDCEL C. LAGMAN, IN HIS PERSONAL AND OFFICIAL CAPACITIES AND AS A MEMBER OF CONGRESS AND AS THE HONORARY CHAIRPERSON OF THE FAMILIES OF VICTIMS OF INVOLUNTARY DISAPPEARANCE (FIND); FAMILIES OF VICTIMS OF INVOLUNTARY DISAPPEARANCE (FIND), REPRESENTED BY ITS CO­CHAIRPERSON, NILDA L. SEVILLA; REP. TEDDY BRAWNER BAGUILAT, JR.; REP. TOMASITO S. VILLARIN; REP. EDGAR R. ERICE; AND REP. EMMANUEL A. BILLONES, Petitioners, v. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA; DEFENSE SECRETARY DELFIN N. LORENZANA; AFP CHIEF OF STAFF LT. GEN. RICARDO R. VISAYA; AFP DEPUTY CHIEF OF STAFF REAR ADMIRAL ERNESTO C. ENRIQUEZ; AND HEIRS OF FERDINAND E. MARCOS, REPRESENTED BY HIS SURVIVING SPOUSE IMELDA ROMUALDEZ MARCOS, Respondents.; G.R. No. 226097 - LORETTA ANN PARGAS-ROSALES, HILDA B. NARCISO, AIDA F. SANTOS­MARANAN, JO-ANN Q. MAGLIPON, ZENAIDA S. MIQUE, FE B. MANGAHAS, MA. CRISTINA P. BAWAGAN, MILA D. AGUILAR, MINERVA G. GONZALES, MA. CRISTINA V. RODRIGUEZ, LOUIE G. CRISMO, FRANCISCO E. RODRIGO, JR., LIWAYWAY D. ARCE, AND ABDULMARI DE LEON IMAO, JR., Petitioners, v. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, DEFENSE SECRETARY DELFIN LORENZANA, AFP DEPUTY CHIEF OF STAFF REAR ADMIRAL ERNESTO C. ENRIQUEZ, AFP CHIEF OF STAFF LT. GEN. RICARDO R. VISAYA, AND PHILIPPINE VETERANS AFFAIRS OFFICE (PVAO) ADMINISTRATOR LT. GEN. ERNESTO G. CAROLINA (RET.), Respondents.; G.R. No. 226116 - HEHERSON T. ALVAREZ, JOEL C. LAMANGAN, FRANCIS X. MANGLAPUS, EDILBERTO C. DE JESUS, BELINDA O. CUNANAN, CECILIA GUIDOTE ALVAREZ, REX DEGRACIA LORES, SR., ARNOLD MARIE NOEL, CARLOS MANUEL, EDMUND S. TAYAO, DANILO P. OLIVARES, NOEL F. TRINIDAD, JESUS DELA FUENTE, REBECCA M. QUIJANO, FR. BENIGNO BELTRAN, SVD, ROBERTO S. VERZOLA, AUGUSTO A. LEGASTO, JR., AND JULIA KRISTINA P. LEGASTO, Petitioners, v. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, DEFENSE SECRETARY DELFIN LORENZANA, AFP CHIEF OF STAFF LT. GEN. RICARDO R. VISAYA, AFP DEPUTY CHIEF OF STAFF REAR ADMIRAL ERNESTO C. ENRIQUEZ, AND PHILIPPINE VETERANS AFFAIRS OFFICE (PVAO) OF THE DND, Respondents.; G.R. No. 226117 - ZAIRA PATRICIA B. BANIAGA, JOHN ARVIN BUENAAGUA, JOANNE ROSE SACE LIM, JUAN ANTONIO RAROGAL MAGALANG, Petitioners, v. SECRETARY OF NATIONAL DEFENSE DELFIN N. LORENZANA, AFP CHIEF OF STAFF RICARDO R. VISAYA, ADMINISTRATOR OF THE PHILIPPINE VETERANS AFFAIRS OFFICE ERNESTO G. CAROLINA, Respondents.; G.R. No. 226120 - ALGAMAR A. LATIPH, Petitioner, v. SECRETARY DELFIN N. LORENZANA, SUED IN HIS CAPACITY AS SECRETARY OF NATIONAL DEFENSE, LT. GEN. RICARDO R. VISAYA, IN HIS CAPACITY AS CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES AND LT. GEN. ERNESTO G. CAROLINA (RET.), IN HIS CAPACITY AS ADMINISTRATOR, PHILIPPINE VETERANS AFFAIRS OFFICE (PVAO), Respondents.; G.R. No. 226294 - LEILA M. DE LIMA, IN HER CAPACITY AS SENATOR OF THE REPUBLIC AND AS TAXPAYER, Petitioner, v. HON. SALVADOR C. MEDIALDEA, DEFENSE SECRETARY DELFIN LORENZANA, AFP CHIEF OF STAFF LT. GEN. RICARDO R. VISAYA, UNDERSECRETARY ERNESTO G. CAROLINA, IN HIS CAPACITY AS PHILIPPINE VETERANS AFFAIRS OFFICE (PVAO) ADMINISTRATOR AND B/GEN. RESTITUTO L. AGUILAR, IN HIS CAPACITY AS SHRINE CURATOR AND CHIEF VETERANS MEMORIAL AND HISTORICAL DIVISION AND HEIRS OF FERDINAND EDRALIN MARCOS, Respondent.

  • G.R. No. 189026, November 09, 2016 - PHILIPPINE TELEGRAPH TELEPHONE CORP., Petitioner, v. SMART COMMUNICATIONS, INC., Respondent.

  • G.R. No. 192369, November 09, 2016 - MARIA VICTORIA TOLENTINO-PRIETO, Petitioner, v. ROBERT S. ELVAS, Respondent.; G.R. No. 193685 - ROBERT S. ELVAS, Petitioner, v. INNSBRUCK INTERNATIONAL TRADING AND/OR MARIVIC TOLENTINO (A.K.A. MARIA VICTORIA TOLENTINO-PRIETO), Respondents.

  • G.R. No. 222730, November 07, 2016 - BUENAFLOR CAR SERVICES, INC., Petitioner, v. CEZAR DURUMPILI DAVID, JR., Respondent.

  • G.R. No. 190203, November 07, 2016 - POWERHOUSE STAFFBUILDERS INTERNATIONAL, INC., Petitioner, v. ROMELIA REY, LIZA CABAD, EVANGELINE NICMIC, EVA LAMEYRA, ROSARIO ABORDAJE, LILYBETH MAGALANG, VENIA BUYAG, JAYNALYN NOLLEDO, IREN NICOLAS, AILEEN SAMALEA, SUSAN YBAÑEZ; CHERYL ANN ORIA, MA. LIZA SERASPI, KATHERINE ORACION, AND JEJ INTERNATIONAL MANPOWER SERVICES CORPORATION, Respondents.

  • G.R. No. 223290, November 07, 2016 - WOODROW B. CAMASO, Petitioner, v. TSM SHIPPING (PHILS), INC., UTKILEN, AND/OR JONES TULOD, Respondents.

  • G.R. No. 215047, November 23, 2016 - UNIVERSAL CANNING INC., MS. MA. LOURDES A. LOSARIA, PERSONNEL OFFICER, AND ENGR. ROGELIO A. DESOSA, PLANT MANAGER, Petitioners, v. COURT OF APPEALS AND DANTE SAROSAL, FRANCISCO DUMAGAL, JR., NELSON E. FRANCISCO, ELMER C. SAROMINES AND SAMUEL D. CORONEL, Respondents.

  • G.R. No. 219430, November 07, 2016 - JINKY S. STA. ISABEL, Petitioner, v. PERLA COMPAÑIA* DE SEGUROS, INC., Respondent.

  • G.R. No. 221897, November 07, 2016 - ISIDRO QUEBRAL, ALBERTO ESQUILLO, RENANTE SALINSAN, JEROME MACANDOG, EDGARDO GAYORGOR, JIM ROBERT PERFECTO, NOEL PERFECTO, DENNIS PAGAYON, AND HERCULANO MACANDOG Petitioners, v. ANGBUS CONSTRUCTION, INC. AND ANGELO BUSTAMANTE, Respondents.

  • G.R. No. 221465, November 16, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODELIO LOPEZ Y CAPULI, Accused-Appellant.

  • G.R. No. 160864, November 16, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. EDUARDO M. COJUANGCO, JR., Respondent.; G.R. No. 160897 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. EDUARDO M. COJUANGCO, JR., Respondent.

  • I.P.I. No. 15-227-CA-J, November 29, 2016 - RE: VERIFIED COMPLAINT DATED 17 NOVEMBER 2014 OF DOLORA CADIZ KHANNA AGAINST HON. EDGARDO L. DELOS SANTOS, HON. MARILYN B. LAGURA-YAP AND HON. JHOSEP Y. LOPEZ, ASSOCIATE JUSTICES, COURT OF APPEALS, JUDGE RONALD H. EXMUNDO, REGIONAL TRIAL COURT, BRANCH 4, KALIBO, AKLAN, JUDGE FRICIA C. GOMEZ-GUILLEN, BRANCH 15, METROPOLITAN TRIAL COURT, MANILA AND JUAN S. APOLINAR, SHERIFF III, BRANCH 17, METROPOLITAN TRIAL COURT, MANILA.

  • G.R. No. 202114, November 09, 2016 - ELMER A. APINES, Petitioner, v. ELBURG SHIPMANAGEMENT PHILIPPINES, INC., AND/OR DANILO F. VENIDA, Respondents.

  • G.R. No. 181007, November 21, 2016 - COMMISSIONER OF CUSTOMS, Petitioner, v. WILLIAM SINGSON AND TRITON SHIPPING CORPORATION, Respondents.

  • G.R. No. 213488, November 07, 2016 - TOYOTA PASIG, INC., Petitioner, v. VILMA S. DE PERALTA, Respondent.

  • G.R. No. 190667, November 07, 2016 - COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. SPOUSES JOSE R. BERNARDO AND LILIBETH R. BERNARDO, DOING BUSINESS UNDER THE NAME AND STYLE "JOLLY BEVERAGE ENTERPRISES," Respondents.

  • G.R. No. 194417, November 23, 2016 - HEIRS OF TEODORO CADELIÑA, REPRESENTED BY SOLEDAD CADIZ VDA. DE CADELIÑA, Petitioners, v. FRANCISCO CADIZ, CELESTINO DELA CRUZ, ANTONIO VICTORIA, HEIRS OF TELESFORO VILLAR REPRESENTED BY SAMUEL VILLAR, FRANCISCO VICTORIA AND MAGNO GANTE, Respondents; HON. JOSE C. REYES, JR., IN HIS CAPACITY AS PRESIDING JUSTICE, HON. NORMANDIE PIZARRO, IN HIS CAPACITY AS MEMBER, AND HON. RICARDO R. ROSARIO, IN HIS CAPACITY AS MEMBER OF THE COURT OF APPEALS SPECIAL FORMER THIRD DIVISION, Public Respondents.

  • G.R. No. 214772, November 21, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELSON SANTUILLE @ "BORDADO" @ ELTON SANTUILLE @ "BORDADO," Accused-Appellant.

  • G.R. No. 185082, November 28, 2016 - MANDAUE REALTY & RESOURCES CORPORATION AND MANDAUE CITY REGISTER OF DEEDS, Petitioners, v. THE COURT OF APPEALS AND BANGKO SENTRAL NG PILIPINAS, Respondents.

  • G.R. No. 161425, November 23, 2016 - ANIANO DESIERTO (SUBSTITUTED BY SIMEON V. MARCELO) AND MAUCENCIA ORDONEZ, Petitioners, v. RUTH EPISTOLA AND RODOLFO GAMIDO, Respondents.

  • G.R. No. 215759, November 28, 2016 - HEIRS OF ANDRES NAYA: TERESITA B. NAYA, NORMA N. ORBISO, CARMENCITA N. FERNAN, AND NARCISO P. NAYA, Petitioners, v. ORLANDO P. NAYA AND SPOUSES HONESIMO C. RUIZ AND GLORIA S. RUIZ, Respondents.

  • G.R. No. 200726, November 09, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. MATEO LAO, Respondent.

  • G.R. No. 188047, November 28, 2016 - LIGHT RAIL TRANSIT AUTHORITY, Petitioner, v. BIENVENIDO R. ALVAREZ, CARLOS S. VELASCO, ASCENCION A. GARGALICANO, MARLON E. AGUINALDO, PETRONILO T. LEGASPI, BONIFACIO A. ESTOPIA, ANDRE A. DELA MERCED, JOSE NOVIER D. BAYOT, ROLANDO AMAZONA AND MARLINO HERRERA, Respondents.

  • G.R. No. 197634, November 28, 2016 - JULIUS B. CAMPOL, Petitioner, v. MAYOR RONALD S. BALAO-AS AND VICE-MAYOR DOMINADOR I. SIANEN, Respondents.

  • G.R. No. 215640, November 28, 2016 - NESTOR CABRERA, Petitioner, v. ARNEL CLARIN AND WIFE; MILAGROS BARRIOS AND HUSBAND; AURORA SERAFIN AND HUSBAND; AND BONIFACIO MORENO AND WIFE, Respondents.

  • G.R. No. 215341, November 28, 2016 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARLON MANSON Y RESULTAY, Accused-Appellant.

  • G.R. No. 213453, November 29, 2016 - PHILIPPINE HEALTH INSURANCE CORPORATION, Petitioner, v. COMMISSION ON AUDIT, MA. GRACIA PULIDO TAN, CHAIRPERSON; AND JANET D. NACION, DIRECTOR IV, Respondents.

  • I.P.I. No. 16-241-CA-J, November 29, 2016 - CLEMENTE F. ATOC, Complainant, v. EDGARDO A. CAMELLO, OSCAR V. BADELLES AND PERPETUA T. ATAL-PAÑO, ASSOCIATE JUSTICES, COURT OF APPEALS, CAGAYAN DE ORO CITY. Respondents.

  • G.R. No. 210316, November 28, 2016 - THE SECURITIES AND EXCHANGE COMMISSION (SEC) CHAIRPERSON TERESITA J. HERBOSA, COMMISSIONER MA. JUANITA E. CUETO, COMMISIONER RAUL J. PALABRICA, COMMISSIONER MANUEL HUBERTO B. GAITE, COMMISIONER ELADIO M. JALA, AND THE SEC ENFORCEMENT AND PROSECUTION DEPARTMENT, Petitioners, v. CJH DEVELOPMENT CORPORATION AND CJH SUITES CORPORATION, HEREIN REPRESENTED BY ITS EXECUTIVE VICE-PRESIDENT AND CHIEF OPERATING OFFICER, ALFREDO R. YÑIGUEZ III, Respondents.

  • Decisions / Signed Resolutions

  • G.R. No. 217379, November 23, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO MARMOL Y BAUSO, JR., Accused-Appellant.

  • G.R. No. 182201, November 14, 2016 - UNIVERSAL INTERNATIONAL INVESTMENT (BVI) LIMITED, Petitioner, v. RAY BURTON DEVELOPMENT CORPORATION, Respondent.; G.R. No. 185815, November 14, 2016 - UNIVERSAL INTERNATIONAL INVESTMENT (BVI) LIMITED, Petitioner, v. RAY BURTON DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 210588, November 29, 2016 - SECRETARY OF FINANCE CESAR B. PURISIMA AND COMMISSIONER OF INTERNAL REVENUE KIM S. JACINTO-­HENARES, Petitioners, v. REPRESENTATIVE CARMELO F. LAZATIN AND ECOZONE PLASTIC ENTERPRISES CORPORATION, Respondents.

  • G.R. No. 201883, November 16, 2016 - SPOUSES DESIDERIO AND TERESA DOMINGO, Petitioners, v. SPOUSES EMMANUEL AND TITA MANZANO, FRANKLIN ESTABILLO, AND CARMELITA AQUINO, Respondents.

  • G.R. No. 209098, November 14, 2016 - JUAN B. HERNANDEZ, Petitioner, v. CROSSWORLD MARINE SERVICES, INC., MYKONOS SHIPPING CO., LTD., AND ELEAZAR DIAZ, Respondents.

  • G.R. No. 194412, November 16, 2016 - SAMSODEN PANGCATAN, Petitioner, v. ALEXANDRO "DODONG" MAGHUYOP AND BELINDO BANKIAO, Respondents.; G.R. No. 194566, November 16, 2016 - ALEXANDRO "DODONG" MAGHUYOP AND BELINDO BANKIAO, Petitioners, v. SAMSODEN PANGCATAN, Respondent.

  • G.R. No. 195834, November 09, 2016 - GUILLERMO SALVADOR, REMEDIOS CASTRO, REPRESENTED BY PAZ "CHIT" CASTRO, LEONILA GUEVARRA, FELIPE MARIANO, RICARDO DE GUZMAN, VIRGILIO JIMENEZ, REPRESENTED BY JOSIE JIMENEZ, ASUNCION JUAMIZ, ROLANDO BATANG, CARMENCITA SAMSON, AUGUSTO TORTOSA, REPRESENTED BY FERNANDO TORTOSA, SUSANA MORANTE, LUZVIMINDA BULARAN, LUZ OROZCO, JOSE SAPICO, LEONARDO PALAD, ABEL BAKING, REPRESENTED BY ABELINA BAKING, GRACIANO ARNALDO, REPRESENTED BY LUDY ARNALDO, JUDITH HIDALGO, AND IGMIDIO JUSTINIANO, CIRIACO MIJARES, REPRESENTED BY FREDEZWINDA MIJARES, JENNIFER MORANTE, TERESITA DIALA, AND ANITA P. SALAR, Petitioners, v. PATRICIA, INC., RESPONDENT. THE CITY OF MANILA AND CIRIACO C. MIJARES, Intervenors-Appellees.

  • G.R. No. 172539, November 16, 2016 - ALBERTO GARONG Y VILLANUEVA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 200150, November 07, 2016 - CATHERINE CHING, LORENZO CHING, LAURENCE CHING, AND CHRISTINE CHING, Petitioners, v. QUEZON CITY SPORTS CLUB, INC.; MEMBERS OF THE BOARD OF DIRECTORS, NAMELY: ANTONIO T. CHUA, MARGARET MARY A. RODAS, ALEJANDRO G. YABUT, JR., ROBERT C. GAW, EDGARDO A. HO, ROMULO D. SALES, BIENVENIDO ALANO, AUGUSTO E. OROSA, AND THE FINANCE MANAGER, LOURDES RUTH M. LOPEZ, Respondents.

  • G.R. No. 221770, November 16, 2016 - NANITO Z. EVANGELISTA* (SUBSTITUTED BY HIS HEIRS, REPRESENTED BY THE SURVIVING SPOUSE, LEOVIGILDA C. EVANGELISTA), Petitioners, v. SPOUSES NEREO V. ANDOLONG III AND ERLINDA T. ANDOLONG** AND RINO AMUSEMENT INNOVATORS, INC., Respondents.

  • G.R. No. 217210, November 07, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. CAPITAL RESOURCES CORPORATION, ROMEO ROXAS, AND THE REGISTER OF DEEDS OF THE PROVINCE OF LA UNION, Respondents.

  • G.R. No. 216064, November 07, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO DACANAY Y TUMALABCAB, Accused-Appellant.

  • G.R. No. 207246, November 22, 2016 - JOSE M. ROY III, Petitioner, v. CHAIRPERSON TERESITA HERBOSA,THE SECURITIES AND EXCHANGE COMMISSION, AND PHILILIPPINE LONG DISTANCE TELEPHONE COMPANY, Respondents.; WILSON C. GAMBOA, JR., DANIEL V. CARTAGENA, JOHN WARREN P. GABINETE, ANTONIO V. PESINA, JR., MODESTO MARTIN Y. MAMON III, AND GERARDO C. EREBAREN, Petitioners-in-Intervention; PHILIPPINE STOCK EXCHANGE, INC., Respondent-in-Intervention; SHAREHOLDERS' ASSOCIATION OF THE PHILIPPINES, INC., Respondent-in-Intervention.

  • Decisions / Signed Resolutions

  • G.R. No. 211072, November 07, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. DEUTSCHE KNOWLEDGE SERVICES, PTE. LTD., Respondent.

  • G.R. No. 205035, November 16, 2016 - SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO, Petitioners, v. MANILA ELECTRIC COMPANY [MERALCO], Respondents.

  • A.M. No. MTJ-12-1813 (Formerly A.M. No. 12-5-42-METC), November 22, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JUDGE ELIZA B. YU, METROPOLITAN TRIAL COURT, BRANCH47, PASAY CITY, Respondent.; A.M. No. 12-1-09-METC - RE: LETTER DATED 21 JULY 2011 OF EXECUTIVE JUDGE BIBIANO G. COLASITO AND THREE (3) OTHER JUDGES OF THE METROPOLITAN TRIAL COURT, PASAY CITY, FOR THE SUSPENSION OR DETAIL TO ANOTHER STATION OF JUDGE ELIZA B. YU, BRANCH 47, SAME COURT.; A.M. No. MTJ-13-1836 (FORMERLY A.M. No. 11-11-115-METC) - RE: LETTER DATED MAY 2, 2011 OF HON. ELIZA B. YU, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY.; A.M. No. MTJ-12-1815 (FORMERLY OCA IPI No. 11-2401-MTJ) - LEILANI A. TEJERO-LOPEZ, Complainant, v. JUDGE ELIZA B. YU, BRANCH 47, METROPOLITAN TRIAL COURT, PASAY CITY, Respondent.; OCA IPI No. 11-2398-MTJ - JOSEFINA G. LABID, Complainant, v. JUDGE ELIZA B. YU,METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.; OCA IPI No. 11-2399-MTJ - AMOR V. ABAD, FROILAN ROBERT L. TOMAS, ROMER H. AVILES, EMELINA J. SAN MIGUEL, NORMAN D.S. GARCIA, MAXIMA SAYO AND DENNIS ECHEGOYEN, Complainants, v. HON. ELIZA B. YU, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.; OCA IPI No. 11-2378-MTJ - EXECUTIVE JUDGE BIBIANO G. COLASITO, VICE EXECUTIVE JUDGE BONIFACIO S. PASCUA, JUDGE RESTITUTO V. MANGALINDAN, JR. JUDGE CATHERINE P. MANODON, MIGUEL C. INFANTE (CLERK OF COURT IV, OCC-METC), RACQUEL C. DIANO (CLERK OF COURT III, METC, BRANCH 45), EMMA ANNIE D. ARAFILES (ASSISTANT CLERK OF COURT, OCC-METC), PEDRO C. DOCTOLERO, JR. (CLERK OF COURT III, METC, BRANCH 44), LYDIA T. CASAS (CLERK OF COURT III, METC, BRANCH 46), ELEANOR N. BAYOG (LEGAL RESEARCHER, METC, BRANCH 45), LEILANIE A. TEJERO ( LEGAL RESEARCHER, METC, BRANCH 46), ANA MARIA V. FRANCISCO (CASHIER I, OCC­ METC), SOLEDAD J. BASSIG (CLERK III, OCC-METC), MARISSA MASHHOOR RASTGOOY (RECORDS OFFICER, OCC-METC), MARIE LUZ M. OBIDA (ADMINISTRATIVE OFFICER, OCC-METC), VIRGINIA D. GALANG (RECORDS OFFICER I, OCC-METC), AUXENCIO JOSEPH CLEMENTE (CLERK OF COURT III, METC, BRANCH 48), EVELYN P. DEPALOBOS (LEGAL RESEARCHER, METC, BRANCH 44), MA. CECILIA GERTRUDES R. SALVADOR (LEGAL RESEARCHER, METC, BRANCH 48), JOSEPH B. PAMATMAT (CLERK III, OCC-METC), ZENAIDA N. GERONIMO (COURT STENOGRAPHER, OCC-METC), BENJIE V. ORE (PROCESS SERVER, OCC-METC), FORTUNATO E. DIEZMO (PROCESS SERVER, OCC-METC), NOMER B. VILLANUEVA (UTILITY WORKER, OCC-METC), ELSA D. GARNET (CLERK III, OCC­ METC), FATIMA V. ROJAS (CLERK III, OCC-METC), EDUARDO E. EBREO (SHERIFF III, METC, BRANCH 45), RONALYN T. ALMARVEZ (COURT STENOGRAPHER II, METC, BRANCH 45), MA. VICTORIA C. OCAMPO (COURT STENOGRAPHER II, METC, BRANCH 45), ELIZABETH LIPURA (CLERK III METC, BRANCH 45), MARY ANN J. CAYANAN (CLERK III, METC, BRANCH 45), MANOLO MANUEL E. GARCIA (PROCESS SERVER, METC, BRANCH 45), EDWINA A. JUROK (UTILITY WORKER, OCC-METC), ARMINA B. ALMONTE (CLERK III, OCC-METC), ELIZABETH G. VILLANUEVA (RECORDS OFFICER, METC, BRANCH 44), ERWIN RUSS B. RAGASA (SHERIFF III, METC, BRANCH 44), BIEN T. CAMBA (COURT STENOGRAPHER II, METC, BRANCH 44), MARLON M. SULIGAN (COURT STENOGRAPHER II, METC, BRANCH 44), CHANDA B. TOLENTINO (COURT STENOGRAPHER II, METC, BRANCH 44), FERDINAND R. MOLINA (COURT INTERPRETER, METC, BRANCH 44), PETRONILO C. PRIMACIO, JR. (PROCESS SERVER, METC, BRANCH 45), EDWARD ERIC SANTOS (UTILITY WORKER, METC, BRANCH 45), EMILIO P. DOMINE (UTILITY WORKER, METC, BRANCH 45), ARNOLD P. OBIAL (UTILITY WORKER, METC, BRANCH 44), RICARDO E. LAMPITOC (SHERIFF III, METC, BRANCH 46), JEROME H. AVILES (COURT STENOGRAPHER II, METC, BRANCH 46), ANA LEA M. ESTACIO (COURT STENOGRAPHER II, METC, BRANCH 46), LANIE F. AGUINALDO (CLERK III, METC, BRANCH 44), JASMINE L. LINDAIN (CLERK III, METC, BRANCH 44), RONALDO S. QUIJANO (PROCESS SERVER, METC, BRANCH 44), DOMINGO H. HOCOSOL (UTILITY WORKER, METC, BRANCH 48), EDWIN P. UBANA (SHERIFF III, METC, BRANCH 48), MARVIN O. BALICUATRO (COURT STENOGRAPHER II, METC, BRANCH 48), MA. LUZ D. DIONISIO (COURT STENOGRAPHER II, METC, BRANCH 48), MARIBEL A. MOLINA (COURT STENOGRAPHER II, METC, BRANCH 48), CRISTINA E. LAMPITOC (COURT STENOGRAPHER II, METC, BRANCH 46), MELANIE DC BEGASA (CLERK III, METC, BRANCH 46), EVANGELINE M. CHING (CLERK III, METC, BRANCH 46), LAWRENCE D. PEREZ (PROCESS SERVER, METC, BRANCH 46), EDMUNDO VERGARA (UTILITY WORKER, METC, BRANCH 46), AMOR V. ABAD (COURT INTERPRETER, METC, BRANCH 47), ROMER H. AVILES (COURT STENOGRAPHER II, METC, BRANCH 47), FROILAN ROBERT L. TOMAS (COURT STENOGRAPHER II, METC, BRANCH 47), MAXIMA C. SAYO (PROCESS SERVER, BRANCH 47), SEVILLA B. DEL CASTILLO (COURT INTERPRETER, METC, BRANCH 48), AIDA JOSEFINA IGNACIO (CLERK III, METC, BRANCH 48), BENIGNO A. MARZAN (CLERK III, METC, BRANCH 48), KARLA MAE R. PACUNAYEN (CLERK III, METC, BRANCH 48), IGNACIO M. GONZALES (PROCESS SERVER, METC, BRANCH 48), EMELINA J. SAN MIGUEL (RECORDS OFFICER, OCC, DETAILED AT BRANCH 47), DENNIS M. ECHEGOYEN (SHERIFF III, OCC-METC), NORMAN GARCIA (SHERIFF III, METC, BRANCH 47), NOEL G. LABID (UTILITY WORKER I, BRANCH 47), Complainant, v. HON. ELIZA B. YU, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.; OCA IPI No. 12-2456-MTJ - JUDGE BIBIANO G. COLASITO, JUDGE BONIFACIO S. PASCUA, JUDGE RESTITUTO V. MANGALINDAN, JR. AND CLERK OF COURT MIGUEL C. INFANTE, Complainants, v. HON. ELIZA B. YU, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.; A.M. No. MTJ-13-1821 - JUDGE EMILY L. SAN GASPAR-GITO, METROPOLITAN TRIAL COURT, BRANCH 20, MANILA, Complainant, v. JUDGE ELIZA B. YU, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.

  • G.R. No. 219510, November 04, 2016 - MARLON CURAMMENG Y PABLO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 207315, November 23, 2016 - INTERADENT ZAHNTECHNIK PHILIPPINES, INC., BERNARDINO G. BANTEGUI, JR. AND SONIA J. GRANDEA, Petitioners, v. REBECCA F. SIMBILLO, Respondent.

  • G.R. No. 204422, November 21, 2016 - JESUS B. VILLAMOR, Petitioner, v. EMPLOYEES' COMPENSATION COMMISSION [ECC] AND SOCIAL SECURITY SYSTEM, Respondents.

  • G.R. No. 215943, November 16, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. RANDY CLOMA Y CABANA, Appellant.

  • G.R. No. 204280, November 09, 2016 - EVELYN V. RUIZ, Petitioner, v. BERNARDO F. DIMAILIG, Respondent.

  • G.R. No. 193816, November 21, 2016 - ERSON ANG LEE DOING BUSINESS AS "SUPER LAMINATION SERVICES," Petitioner, v. SAMAHANG MANGGAGAWA NG SUPER LAMINATION (SMSLS­-NAFLU-KMU), Respondent.

  • G.R. No. 184841, November 21, 2016 - GERINO YUKIT, DANILO REYES, RODRIGO S. SUMILANG, LEODEGARIO O. ROSALES, MARIO MELARPIS,1 MARCELO R. OCAN, DENNIS V. BATHAN, BERNARDO S. MAGNAYE, LORENZO U. MARTINEZ, ANTONIO M. LADERES, SOFIO DE LOS REYES BAON, MARIO R. MIGUEL, RODOLFO S. LEOPANDO, EDGARDO N. MACALLA, JR., MARIANO REYES, ALEJANDRO CUETO, VIRGILIO RINGOR AND JASON R. BARTE, Petitioner, v. TRITRAN, INC., JOSE C. ALVAREZ, JEHU C. SEBASTIAN, AND JAM TRANSIT INC., Respondents.

  • G.R. No. 169967, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, ALMEDO LOPEZ, AND RUSTOM ALEJANDRINO, Petitioners, v. IBM LOCAL I, REGNER SANGALANG AND ROLANDO NACPIL, Respondents.; G.R. No. 176074, November 23, 2016 - REGNER A. SANGALANG AND ROLANDO V. NACPIL, Petitioners, v. COCA-COLA BOTTLERS PHILS., INC. (CCBPI), EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Respondents.; G.R. No. 176205, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Petitioners, v. REGNER A. SANGALANG AND ROLANDO NACPIL, Respondents.

  • A.M. No. P-15-3368 [Formerly A.M. No. 15-04-39-MTC], November 08, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. EVANGELINE E. PANGANIBAN, CLERK OF COURT II, MUNICIPAL TRIAL COURT (MTC), BALAYAN, BATANGAS, Respondent.

  • G.R. No. 202639, November 09, 2016 - FEDERATED LPG DEALERS ASSOCIATION, Petitioner, v. MA. CRISTINA L. DEL ROSARIO, CELSO E.ESCOBIDO II, SHIELA M. ESCOBIDO, AND RESTY P. CAPILI, Respondents.

  • G.R. No. 182944, November 09, 2016 - DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), REPRESENTED BY SEC. HERMOGENES E. EBDANE, JR, AND METROPOLITAN MANILA DEVELOPMENT AUTHORITY, REPRESENTED BY CHAIRMAN BAYANI F. FERNANDO, Petitioners, v. CITY ADVERTISING VENTURES CORPORATION, REPRESENTED BY DEXTER Y. LIM, Respondent.

  • G.R. No. 203284, November 14, 2016 - NICOLAS S. MATUDAN, Petitioner, v. REPUBLIC OF THE PHILIPPINES AND MARILYN** B. MATUDAN, Respondents.

  • G.R. No. 203770, November 23, 2016 - MANUELA AZUCENA MAYOR, Petitioner, v. EDWIN TIU AND DAMIANA CHARITO MARTY, Respondents.

  • A.C. No. 9880, November 28, 2016 - WILSON CHUA, Complainant, v. ATTY. DIOSDADO B. JIMENEZ, Respondent.

  • G.R. No. 177250, November 28, 2016 - ROSITA B. LIM, ON HER BEHALF AND ON BEHALF OF HER (THEN) MINOR CHILDREN NAMELY, JENNIFER, LYSANDER AND BEVERLIE, Petitioners, v. LUIS TAN, ALFONSO TAN, EUSEBIO TAN, WILLIAM TAN, VICENTE TAN, JOAQUIN TAN, ANG TIAT CHUAN, Respondents.; G.R. No. 177422 - LUIS TAN, ALFONSO TAN, EUSEBIO TAN, WILLIAM TAN, VICENTE TAN, JOAQUIN TAN, ANG TIAT CHUAN, Petitioners, v. ROSITA B. LIM, ON HER BEHALF AND ON BEHALF OF HER (THEN) MINOR CHILDREN NAMELY, JENNIFER, LYSANDER AND BEVERLIE, Respondents.; G.R. No. 177676 - ANG TIAT CHUAN, Petitioner, v. ROSITA B. LIM, ON HER BEHALF AND ON BEHALF OF HER (THEN) MINOR CHILDREN NAMELY, JENNIFER, LYSANDER AND BEVERLIE, Respondents.

  • G.R. No. 220629, November 23, 2016 - GENARO G. CALIMLIM, Petitioner, v. WALLEM MARITIME SERVICES, INC., WALLEM GMBH & CO. KG AND MR. REGINALDO OBEN, Respondents.

  • G.R. No. 222407, November 23, 2016 - WHITE MARKETING DEVELOPMENT CORPORATION, Petitioner, v. GRANDWOOD FURNITURE & WOODWORK, INC., Respondent.

  • G.R. No. 204736, November 28, 2016 - MANULIFE PHILIPPINES, INC., Petitioners, v. HERMENEGILDA YBAÑEZ, Respondent.

  • G.R. No. 205972, November 09, 2016 - CATERPILLAR, INC., Petitioner, v. MANOLO P. SAMSON, Respondent.; G.R. NO. 164352, November 09, 2016 - CATERPILLAR, INC., Petitioner, v. MANOLO P. SAMSON, Respondent.

  • G.R. No. 223625, November 22, 2016 - NATIONAL TRANSMISSION CORPORATION, Petitioner, v. COMMISSION ON AUDIT (COA) AND COA CHAIRPERSON MICHAEL G. AGUINALDO, Respondents.

  • G.R. No. 220333, November 14, 2016 - ANTONIO GAMBOA Y DELOS SANTOS, Petitioner, v. PEOPLE OF PHILIPPINES, Respondent.

  • G.R. Nos. 181912 & 183347, November 29, 2016 - RAMON M. ALFONSO, Petitioner, v. LAND BANK OF THE PHILIPPINES AND DEPARTMENT OF AGRARIAN REFORM, Respondents.

  • G.R. No. 197191, November 21, 2016 - OASIS PARK HOTEL, Petitioner, v. LESLEE G. NAVALUNA, AMIE M. TUBELLEJA, JOAN REODIQUE, JOCELYN ORENCIADA, ELLAINE B. VILLAGOMEZ, OLIVIA E. AMASOLA AND JONA MAE COSTELO, Respondents.

  • G.R. No. 198664, November 23, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. OWEN MARCELO CAGALINGAN AND BEATRIZ B. CAGALINGAN, Accused-Appellants.

  • G.R. No. 227146, November 14, 2016 - RADIOWEALTH FINANCE COMPANY, INC., Petitioner, v. ROMEO T. NOLASCO AND REYNALDO T. NOLASCO, Respondents.

  • G.R. No. 218980, November 28, 2016 - PHILIPPINE AUTO COMPONENTS, INC., Petitioner, v. RONNIE B. JUMADLA, ROY A. ARIZ AND ROY T. CONEJOS, Respondents.; G.R. No. 219124 - RONNIE B. JUMADLA, ROY A. ARIZ AND ROY T. CONEJOS, Petitioners, v. PHILIPPINE AUTO COMPONENTS, INC., Respondent.

  • G.R. No. 189077, November 16, 2016 - LINA M. BERNARDO, Petitioner, v. HONORABLE COURT OF APPEALS (FORMER FOURTH DIVISION) AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 215937, November 09, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GENER VILLAR Y POJA, Accused-Appellants.

  • G.R. No. 207500, November 14, 2016 - EFREN S. QUESADA, PETER CHUA, ARTURO B. PEREJAS, ERLINDA ESCOTA, CRISANTO H. LIM, VASQUEZ BUILDING SYSTEMS CORPORATION, LION GRANITE CONSTRUCTION SUPPLY CORPORATION, NELLIE M. MARIVELES, ALEJANDRO V. VARDELEON III, ANGELITA P. ROQUE, DAVID LU, J.A.O. BUILDERS & DEVELOPMENT CORPORATION, Petitioners, v. BONANZA RESTAURANTS, INC., Respondent.

  • G.R. No. 205148, November 16, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. RAMIL PRUDENCIO Y BAJAMONDE, Appellant.

  • G.R. No. 203293, November 14, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. MARDAN AMERIL, Appellant.

  • G.R. No. 177387, November 09, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SECRETARY OF JUSTICE, AND PHILIPPINE AMUSEMENT AND GAMING CORPORATION, Respondents.

  • G.R. No. 215957, November 09, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. FITNESS BY DESIGN, INC., Respondent

  • G.R. No. 216600, November 21, 2016 - FEDERAL EXPRESS CORPORATION AND RHICKE S. JENNINGS, Petitioners, v. AIRFREIGHT 2100, INC. AND ALBERTO D. LINA, Respondents.

  • G.R. No. 193618, November 28, 2016 - HEIRS OF LEOPOLDO DELFIN AND SOLEDAD DELFIN, NAMELY EMELITA D. FABRIGAR AND LEONILO C. DELFIN, Petitioners, v. NATIONAL HOUSING AUTHORITY, Respondent.

  • G.R. No. 204197, November 23, 2016 - FRUEHAUF ELECTRONICS PHILIPPINES CORPORATION, Petitioner, v. TECHNOLOGY ELECTRONICS ASSEMBLY AND MANAGEMENT PACIFIC CORPORATION, Respondent.

  • G.R. No. 223506, November 28, 2016 - GARRY V. INACAY, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 196596, November 09, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. DE LA SALLE UNIVERSITY, INC., Respondent.; G.R. No. 198841 - DE LA SALLE UNIVERSITY INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE,Respondent.; G.R. No. 198941 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. DE LA SALLE UNIVERSITY, INC., Respondent.

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    G.R. No. 169967, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, ALMEDO LOPEZ, AND RUSTOM ALEJANDRINO, Petitioners, v. IBM LOCAL I, REGNER SANGALANG AND ROLANDO NACPIL, Respondents.; G.R. No. 176074, November 23, 2016 - REGNER A. SANGALANG AND ROLANDO V. NACPIL, Petitioners, v. COCA-COLA BOTTLERS PHILS., INC. (CCBPI), EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Respondents.; G.R. No. 176205, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Petitioners, v. REGNER A. SANGALANG AND ROLANDO NACPIL, Respondents.

      G.R. No. 169967, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, ALMEDO LOPEZ, AND RUSTOM ALEJANDRINO, Petitioners, v. IBM LOCAL I, REGNER SANGALANG AND ROLANDO NACPIL, Respondents.; G.R. No. 176074, November 23, 2016 - REGNER A. SANGALANG AND ROLANDO V. NACPIL, Petitioners, v. COCA-COLA BOTTLERS PHILS., INC. (CCBPI), EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Respondents.; G.R. No. 176205, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Petitioners, v. REGNER A. SANGALANG AND ROLANDO NACPIL, Respondents.

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    G.R. No. 169967, November 23, 2016

    COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, ALMEDO LOPEZ, AND RUSTOM ALEJANDRINO, Petitioners, v. IBM LOCAL I, REGNER SANGALANG AND ROLANDO NACPIL, Respondents.

    G.R. No. 176074, November 23, 2016

    REGNER A. SANGALANG AND ROLANDO V. NACPIL,
    Petitioners, v. COCA-COLA BOTTLERS PHILS., INC. (CCBPI), EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Respondents.

    G.R. No. 176205, November 23, 2016

    COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO,
    Petitioners, v. REGNER A. SANGALANG AND ROLANDO NACPIL, Respondents.

    D E C I S I O N

    REYES, J.:

    These three (3) consolidated petitions for review on certiorari1 under Rule 45 of the Rules of Court stemmed from a complaint for illegal dismissal filed by Regner A. Sangalang (Sangalang) and Rolando Nacpil (Nacpil) (collectively, the complainants) against Coca-Cola Bottlers Philippines, Inc. (CCBPI).

    Antecedents

    The facts are as follows: chanRoblesvirtualLawlibrary

    Sangalang and Nacpil were hired by CCBPI on July 1, 1983 and July 16, 1972, respectively, as assistant syrupmen. They were assigned at the syrup room production department of CCBPI's San Fernando City, Pampanga plant.2 The assistant syrupman in CCBPI had the following duties and responsibilities,3 to wit:

    1. PERFORMS ALL DUTIES OF THE SYRUP MAN AS MAY BE ASSIGNED OR DELEGATED BY THE SYRUP MAN OR BY THE PRODUCTION SUPERVISOR.

    2. ACTS AS SYRUP MAN IN THE LATTER'S ABSENCE AND MEALBREAKS.

    3. RESPONSIBLE FOR THE MAINTENANCE, CLEANLINESS, AND SMOOTH OPERATION OF THE SUGAR DUMPER AND ITS ACCES[S]ORIES.

    4. KEEPING AND CLEANLINESS OF THE PLAIN SYRUP ROOM, FILTER PRESS ROOM, AND FLAVORED SYRUP ROOM.

    5. RESPONSIBLE FOR THE MAINTENANCE, CLEANLINESS, AND SMOOTH OPERATION OF THE VENTILATION FANS AND AIR CONDITIONING UNITS.

    6. DUMPS THE REQUIRED AMOUNT AND TYPE OF SUGAR IN THE PLAIN SYRUP TANK DURING SYRUP PREPARATION.

    7. POURS THE FLAVORING MATERIALS ON THE FLAVORED SYRUP TANK AS PER STANDARD MIXING INSTRUCTIONS.

    8. CHECKS THE TOP OF SYRUP TANKS FOR OIL LEAKS FROM THE SPEED REDUCER OF THE PROPELLER.

    9. RESPONSIBLE FOR THE PROPER STOCKING OF ALL MATERIALS IN THE SYRUP ROOM.

    10. REMOVES ALL EMPTY FIGALS, JUGS, BOXES, SEALS FROM THE FLAVORING MATERIALS USED AND DISPOSE THEM PROPERLY OUTSIDE THE SYRUP ROOM.

    11. DURING THE WEEKEND MAINTENANCE AND CLEANING ACTIVITIES.

    12. PERFORMS OTHER RELATED TASKS AND DUTIES THAT MAY BE ASSIGNED BY THE PRODUCTION SUPERVISOR.4

    As a nationwide company practice, the duty of dumping caps/crowns belonged to the assistant syrupmen. In CCBPI's San Fernando City plant, however, this activity was passed on to the utility men sometime in 1982. After the positions of utility men were abolished, CCBPI engaged the services of independent contractors to perform the said activity and other allied services.5

    On July 13, 2000, Quality Control Superintendent Angel T. Labao and Process Supervisor Jose P. Diaz held a meeting with the assistant syrupmen to advise the concerned employees of the management's decision to revert the duty of dumping caps/crowns to the assistant syrupmen which was supposed to be among the duties and responsibilities incumbent in said position in all of CCBPI's plants. The employees concerned, however, suggested that CCBPI instead regularize the contractual employees who were performing the dumping task because they feared that they might be held responsible for damages that CCBPI may suffer in carrying out two important tasks of production, namely, the preparation of syrup and dumping caps/crown at the cap bin.6

    On August 16, 2000, another meeting was held to notify the assistant syrupmen that the proposed dumping activity was within their job description. The assistant syrupmen were likewise informed that a dry run will be held on August 17, 2000 and its full implementation shall commence on August 21, 2000.7The following day after the dry run, CCBPI issued a Memorandum containing the dumping activity schedule which was sent to and received by the concerned employees, including the complainants.8

    On August 22, 2000, Line 1 Production Supervisor Jovir Tomanan sent a Memorandum9 to the management to report that the complainants refused to comply with CCBPI's order pertaining to the dumping of caps/crown on the ground that the same was not part of their responsibilities.

    On the same day, CCBPI immediately sent a Notice to Explain10 to the complainants, requiring them to explain in writing why no disciplinary action should be imposed against them for violating CCBPI's Code of Disciplinary Rules and Regulation (Code of Discipline). The notice reads as follows: ChanRoblesVirtualawlibrary

    Please explain in writing within twenty[-]four (24) hours, upon receipt hereof, why no disciplinary action should be imposed against you for violation of Section 22, Rule 003-85-Insubordination or Willful disobedience in complying with, or carrying out reasonable and valid order or instruction of superiors.

    As per attached incident report of Mr. Jovir Tomanan you refused to dump resealable caps closures at the cap bin of Line 1 causing stoppage of bott[l]ing operations during the 2nd shift operation of Line 1 on August 21, 2000 based on the schedule of crowns and caps dumping as per memo dated August 18, 2000.11

    Section 22, Rule 003-85 of CCBPI's Code of Discipline provides: ChanRoblesVirtualawlibrary

    Sec. 22. Insubordination or willful disobedience in complying with, or carrying out reasonable and valid order or instructions of superiors, whether committed within a calendar year or not, analogous cases: ChanRoblesVirtualawlibrary

    First offense 15 days suspension
    Second offense 30 days suspension
    Third offense DISCHARGE 12

    On the same day, the complainants submitted a letter and denied that the stoppage of the bottling operations was attributable to them. They claimed that the same was deliberately stopped by the Bottling Supervisor with the intention of passing the blame to them as a result of their refusal to perform the dumping activity. Also, the letter stated that they will submit the required written explanation after consultation with their counsel.13

    On August 23, 2000, the complainants did not again perform the dumping activity by refusing to accept the key to the dumping area when the Line 1 Production Supervisor on duty, Edgar M. Reyes, handed it to them.14

    On the same day, CCBPI issued a Notice of Investigation15 to the complainants for violation of Section 22, Rule 003-85 of CCBPI's Code of Discipline on August 21, 2000.

    Meanwhile, on August 24, 2000, the complainants were served a second Notice to Explain16 for violation of the same Code of Discipline's provision for their failure to perform the dumping activity on August 23, 2000.

    On August 24, 2000, the complainants again refused to accept the key to the dumping area and perform the assigned duty to dump caps/crowns. Accordingly, a third Notice to Explain17 dated August 25, 2000 was served to require them to explain why they should not be held liable for violation of the Code of Discipline. Additionally, the complainants were placed under preventive suspension for 30 days from August 26, 2000 to September 24, 2000 pursuant to Article III, Section 4 of the Collective Bargaining Agreement and Sections 3 and 4 of Rule XIV, Book V of the Implementing Rules and Regulations of the Labor Code. Also, on the same clay, CCBPI issued a second Notice of Investigation18 against the complainants for their August 23, 2000 violation.

    On September 1, 2000, CCBPI issued a Notice of Consolidation of Investigation19 informing the complainants of the scheduled investigation on September 4, 2000 for their alleged insubordination during the scheduled dumping of cap/crowns on August 21, 23, and 24, 2000. The same, however, was re-scheduled to September 5, 2000 upon the request of the union's counsel and union officer Alfredo Maranon.20

    On September 5, 2000, the consolidated investigation for violation of Section 22, Rule 003-85 of the CCBPI's Code of Discipline in relation to Article 282 of the Labor Code on insubordination, willful disobedience, and serious misconduct was conducted. During the investigation, the complainants' counsel opted to submit a joint affidavit in lieu of a question and answer type of investigation.21

    After review and deliberations, CCBPI issued on September 22, 2000 an Inter-Office Memorandum,22 where it found the complainants guilty of the offenses charged and meted a penalty of dismissal effective on September 25, 2000. Consequently, the complainants filed a Complaint23 for illegal dismissal where they asked, among others, to be reinstated to their former positions.

    On December 14, 2001, the Labor Arbiter (LA) rendered a Decision24 declaring the complainants to have been illegally dismissed after finding CCBPI's order for the reversion of the duty of clumping caps/crown to the assistant syrupmen unreasonable and unlawful. Thus, the LA ruled that the complainants' refusal to perform such additional duty was justified. The dispositive portion reads as follows: ChanRoblesVirtualawlibrary

    WHEREFORE, foregoing premises considered, judgment is hereby rendered declaring as illegal the termination of the complainants. Respondents [CCBPI], Virgilio Olivarez, Emmanuel L. Cura, Angel Labao, Almedo Lopez and Rustum R. Alejandrino are hereby ordered to cause the immediate actual or payroll reinstatement of the complainants. Further, the named respondents are hereby enjoined to jointly and solidarily pay complainants the total amount of FOUR HUNDRED FIVE THOUSAND and FORTY[-]THREE PESOS AND 30/100 (P405,043.30) representing complainants' full backwages. Further, respondents are ordered to pay complainants attorney's fees equivalent to ten [percent] (10%) of the total monetary award.

    In the event that reinstatement could no longer be attained, respondents are hereby ordered to pay complainants their separation pay in the total amount of SIX HUNDRED NINE THOUSAND THREE HUNDRED TWELVE PESOS AND 08/100 (P609,312.08) in addition to their backwages.

    SO ORDERED.25cralawred

    Aggrieved, CCBPI consequently filed its appeal to the National Labor Relations Commission (NLRC). On June 28, 2002, the NLRC issued a Decision26 reversing the LA's decision. The NLRC declared that the LA encroached on CCBPI's prerogative to conduct its business when it ruled that CCBPI should have just instead regularized its contractual employees who were already carrying out the said task. Further, the NLRC ruled that the LA erred when it considered the three-day refusal of the complainants as one act of insubordination. It ruled that in three occasions, the complainants were found by CCBPI to have violated its Code of Discipline, which clearly merits the penalty of dismissal. However, the NLRC stated that the offense did not involve moral turpitude; thus, it ordered CCBPI to award the complainants separation pay. It disposed, to wit: ChanRoblesVirtualawlibrary

    WHEREFORE, premises considered, the 14 [December] 2001 [Decision] of Executive [LA] is hereby Reversed and Set Aside and a new one entered Dismissing the instant complaint for lack of merit. Respondents, however, is directed to grant financial assistance to the complainants in the amount equivalent to one-half (1/2) month salary per year of service.

    SO ORDERED.27

    Both parties moved for the reconsideration28 of the NLRC decision. On October 18, 2004, the NLRC issued a Decision29 denying both motions for reconsiderations but with modification that the complainants be awarded financial assistance of one (1) month salary for every year of service.

    WHEREFORE, complainants-appellees' Motion for Reconsideration and respondents-appellants' Motion for Reconsideration are DENIED.

    Accordingly, We AFFIRM our June 28, 2002 decision with the modification that [the complainants] are awarded financial assistance of one (1) month salary for every year of service.

    SO ORDERED.30

    Unable to agree, both parties filed their respective petitions for certiorari under Rule 65 with the Court of Appeals (CA) assailing the decision of the NLRC.31

    CCBPI's appeal to the CA was docketed as CA-G.R. SP. No. 88026, assigned to the 3rd Division of the CA. CCBPI questioned the decision of the NLRC as to the award of financial assistance in favor of the complainants in the amount of one (1) month pay for every year of service.32

    Meanwhile, the complainants' appeal was docketed as CA-G.R. SP No. 87997, assigned to the CA 17th Division. They claimed that the NLRC erred and committed grave abuse of discretion amounting to lack or in excess of jurisdiction when it reversed the decision of the LA, which was contrary to law and evidence on records. They likewise assailed the decision of the NLRC in denying their claim for damages and litigation costs.33

    Regrettably, these two appeals of the parties were not consolidated in the CA.

    CA-G.R. SP. No. 88026

    On June 28, 2005, acting on CCBPI's appeal, the CA 3rd Division in CA-G.R. SP. No. 88026 set aside the NLRC decision and reinstated the judgment rendered by the LA.34 Thus, the CA disposed: ChanRoblesVirtualawlibrary

    WHEREFORE, the Decisions of the NLRC are hereby SET ASIDE, and the judgment rendered by the Executive [LA] is REINSTATED and AFFIRMED in all respect.

    SO ORDERED.35

    The CA 3rd Division ruled that the punishment of dismissal for a first-time offense was too harsh citing CCBPI's Code of Discipline where it was stated that the penalty for first time offense is only for 15 days of suspension. It also ruled that the behavior of the complainants did not constitute the "wrongful and perverse attitude" that merited dismissal considering that the surrounding circumstances indicate that they were only motivated by their honest belief that the dumping activity was not among their official duties and responsibilities. CCBPI filed a Motion for Reconsideration (MR)36 but the same was denied by the CA in a Resolution37 dated September 21, 2005.

    Hence, CCBPI went up to this Court assailing said decision of the CA 3rd Division in CA-G.R. SP. No. 88026. This was docketed as G.R. No. 169967.

    CA-G.R. SP No. 87997

    With respect to the complainants' appeal, the CA 17th Division in CA-G.R. SP No. 87997 rendered a Decision38 on August 31, 2006, annulling and setting aside the NLRC's decision and reinstating the LA's decision. It, however, modified the same by deleting the award of backwages and, instead, ordered CCBPI to pay the complainants separation pay. The dispositive portion of which reads as follows: ChanRoblesVirtualawlibrary

    WHEREFORE, the assailed decision of public respondent NLRC is ANNULLED and SET ASIDE. The [LA's] Decision is REINSTATED but MODIFIED by the deletion of the award of backwages and in its stead, private respondent [CCBPI] is ORDERED to pay [the complainants] separation pay, for the reasons earlier stated.

    SO ORDERED. cralawlawlibrary39

    The CA 17th Division conceded that CCBPI was merely exercising a valid management prerogative in requiring the complainants to perform the disputed additional task. However, the penalty of dismissal was too harsh under the circumstances. The CA found tenable the complainants' argument that the insubordination committed by them merely constituted a single violation which warranted the penalty of only 15 days suspension following the schedule of penalties provided for in Section 22 of the Code of Discipline.

    From this decision of the CA 17th Division in CA-G.R. SP. Nos. 87997, CCBPI filed a petition for review with this Court, docketed as G.R. No. 176205. The complainants, likewise, filed their own petition for review, docketed as G.R. No. 176074.40

    On March 28, 2007, this Court issued a Resolution41 consolidating the three petitions.

    The Issues

    The following are the assigned errors of the CA: chanRoblesvirtualLawlibrary

    In G.R. No. 169967:

    I. THE CA SERIOUSLY ERRED AND COMMITTED GRAVE ABUSE OF DISCRETION IN REVERSING AND SETTING ASIDE THE DECISIONS OF THE NLRC AND IN REINSTATING THE DECISION OF THE LA NOTWITHSTANDING THE FACT THAT THE PETITION FOR CERTIORARI DID NOT OPEN THE WHOLE CASE FOR REVIEW AS THE SAME WAS LIMITED [sic] A DETERMINATION OF THE PROPRIETY OF THE AWARD OF FINANCIAL ASSISTANCE OF ONE (1) MONTH SALARY FOR EVERY YEAR OF SERVICE IN FAVOR OF THE COMPLAINANTS DESPITE THE FINDING THAT THE DISMISSAL WAS VALID AND LEGAL.

    II. THE CA SERIOUSLY ERRED AND COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION IN REVERSING AND SETTING ASIDE THE DECISIONS OF THE NLRC AND REINSTATING THE DECISION OF THE LA NOTWITHSTANDING THE FACT THAT THE NLRC CORRECTLY RULED THAT THE COMPLAINANTS' CONTINUING INSUBORDINATION OF THE LAWFUL ORDERS OF THE COMPANY WARRANT THE PENALTY OF DISMISSAL FROM SERVICE UNDER SECTION 22, RULE 003-85 OF THE CODE OF DISCIPLINE.

    III. THE CA SERIOUSLY ERRED AND COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS IN JURISDICTION IN DISMISSING THE PETITION FOR CERTIORARI NOTWITHSTANDING THE FACT THAT THE AWARD OF FINANCIAL ASSISTANCE EQUIVALENT TO ONE (1) MONTH PAY FOR EVERY YEAR OF SERVICE IN FAVOR OF THE COMPLAINANTS HAS NO BASIS IN FACT OR IN LAW.42

    In G.R. No. 176074:

    I. THE HONORABLE CA 17TH DIVISION SERIOUSLY ERRED IN METING THE PENALTY OF DISMISSAL TO THE COMPLAINANTS, DESPITE ITS CLEAR FINDING THAT THEY HAVE COMMITTED ONLY A SINGLE ACT OF INSUBORDINATION WHICH MERELY WARRANTS THE PENALTY OF SUSPENSION FOR A PERIOD OF 15 DAYS, CONTRARY TO LAW AND COMPANY RULES AND REGULATIONS.

    II. THE HONORABLE CA SERIOUSLY ERRED IN FAILING TO RESOLVE THE COMPLAINANTS' CLAIM FOR DAMAGES, AND LITIGATION COSTS.43

    In G.R. No. 176205:

    I. THE QUESTIONED DECISION AND RESOLUTION OF THE CA SHOULD BE REVERSED AND SET ASIDE CONSIDERING THAT THE AWARD OF SEPARATION PAY IN FAVOR OF THE COMPLAINANTS IS CONTRARY TO LAW AND PREVAILING JURISPRUDENCE.44

    Ruling of the Court

    The CA is empowered to review
    rulings even if they were not
    assigned as errors in the appeal.

    Before this Court proceeds in deciding the case, it is imperative to resolve first the procedural issue raised by CCBPI, wherein it argued that the CA committed grave abuse of discretion amounting to lack or excess of jurisdiction when it ruled on the legality of the complainants' termination despite the fact that the only issue raised on appeal pertains to the monetary judgment rendered by the NLRC. To support their argument, CCBPI relies upon the sound procedural precept that only errors specifically assigned may be considered on appeal.

    Undoubtedly, Section 8 of Rule 51 of the Revised Rules of Court recognizes the expansive discretionary power of the CA to consider errors not assigned on appeal. It provides: ChanRoblesVirtualawlibrary

    Sec. 8. Questions that may be decided. - No error which does not affect the jurisdiction over the subject matter or the validity of the judgment appealed from or the proceedings therein will be considered, unless stated in the assignment of errors, or closely related to or dependent on an assigned error and properly argued in the brief, save as the court may pass upon plain errors and clerical errors.chanroblesvirtuallawlibrary

    Thus, an appellate court is clothed with ample authority to review rulings even if they are not assigned as errors in the appeal in these instances: (a) grounds not assigned as errors but affecting jurisdiction over the subject matter; (b) matters not assigned as errors on appeal but are evidently plain or clerical errors within contemplation of law; (c) matters not assigned as errors on appeal but consideration of which is necessary in arriving at a just decision and complete resolution of the case or to serve the interests of justice or to avoid dispensing piecemeal justice; (d) matters not specifically assigned as errors on appeal but raised in the trial court and are matters of record having some bearing on the issue submitted which the parties failed to raise or which the lower court ignored; (e) matters not assigned as errors on appeal but closely related to an error assigned; and (f) matters not assigned as errors on appeal but upon which the determination of a question properly assigned, is dependent.45

    The instant case falls squarely under the third exception. Since CCBPI appealed the matter of financial assistance which was based on the termination of the complainants, the legality of their termination was therefore open to further evaluation.

    Indeed, in the spirit of liberality infused in the Rules, the appellate court may overlook the lack of proper assignment of errors and consider errors not assigned in the appeal.46

    The complainants' refusal to
    perform the additional duties of
    dumping caps/crowns is a single
    continuous act which constitutes
    only a single offense of insubordination

    This Court is not unmindful that in a petition under Rule 45 of the Rules of Court, only questions of law, not of fact, may be raised.47 Where the findings of the NLRC contradict those of the LA, however, this Court, in the exercise of equity jurisdiction, may look into the records of the case and re-examine the questioned findings.48

    In the instant case, the Court is constrained to re-examine the factual findings of both the LA and the CA, and that of the NLRC since they have different appreciations of the facts of the case.

    CCBPI argues that since the complainants deliberately refused to perform their additional assigned task of dumping caps/crowns on three (3) different occasions: August 21, August 23, and August 24, 2000, they have already committed three (3) offenses of insubordination which warrants a penalty of dismissal from service pursuant to Section 22, Rule 003-85 of CCBPI's Code of Discipline.49

    The argument is without merit.

    The CA correctly ruled that the failure of the complainants to perform their additional assigned task on three (3) separate instances constitutes merely a single offense. The Court quotes: ChanRoblesVirtualawlibrary

    We take notice of the company's efforts to comply with the two-notice requirement that would otherwise validate a dismissal from employment by its act of serving upon [the complainants] three (3) notices requiring them to explain the commission of three (3) alleged acts of insubordination committed on three (3) separate dates. But bearing in mind the constitutionally enshrined mandate to afford protection to labor, this Court finds that the refusal of [the complainants] to abide by the schedule of dumping caps/crowns on separate dates constitutes only a single continued defiance of the company's lawful order. The circumstances in this case show that although [the complainants) refused to carry out the task on three separate dates, it must be noted that what they were, in fact, rejecting was the new activity which they truly believed was not part of their job description.50 (Emphasis ours)

    Moreover, the records of the case clearly show that what the complainants opposed was the implementation of the additional task of dumping caps/crowns given to the assistant syrupmen and not the schedule of the dumping activity. As it is, their continuous refusal to perform such additional task merely translates to one single offense, i.e. the performance of the dumping activity. This is even supported by the fact that the complainants did not even attempt to perform the dumping activity since the start of its implementation.

    CCBPI's termination of the
    complainants for insubordination is
    illegal.

    In Bascon v. CA,51 this Court outlines the elements of gross insubordination as follows: ChanRoblesVirtualawlibrary

    As regards the appellate court's finding that petitioners were justly terminated for gross insubordination or willful disobedience, Article 282 of the Labor Code provides in part: chanRoblesvirtualLawlibrary

    An employer may terminate an employment for any of the following causes: chanRoblesvirtualLawlibrary

    (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work.

    However, willful disobedience of the employer's lawful orders, as a just cause for dismissal of an employee, envisages the concurrence of at least two requisites: (1) the employee's assailed conduct must have been willful, that is, characterized by a wrongful and perverse attitude; and (2) the order violated must have been reasonable, lawful, made known to the employee and must pertain to the duties which he had been engaged to discharge.52 (Emphasis ours)

    In the present case, CCBPI argues that the position description of the assistant syrupmen requires the complainants to "perform other related tasks and duties that may be assigned by the Production Supervisor." Moreover, CCBPI contends that they have been considerate in taking time to discuss the re-alignment of activities with all syrup room personnel prior to its implementation.

    The Court, however, finds CCBPI's contention untenable.

    On the first requisite, an examination of the position description for the assistant syrupmen clearly indicates that the additional tasks and duties allowed to be given to the employees are limited to the performance of activities related to the responsibilities of assistant syrupmen. In the present case, the other duties and responsibilities of the assistant syrupmen, which CCBPI did not controvert, refer to syrup preparation, tanks sanitation, hatching of syrup, slow pouring of concentrates, maintenance of the plain and flavored syrup room, withdrawal of concentrates, and any work/job inside the plain and flavored syrup room.53 Clearly, these additional responsibilities mainly refer to works related to the syrup preparation and not to dumping caps/crowns.

    The second requisite is also lacking in the present case. The refusal of the complainants was not without basis. According to them, their apprehensions to perform the additional task were based on their legitimate fear of handling two equally critical and sensitive positions. Apparently, their behavior did not constitute the wrongful and perverse attitude that would sanction their dismissal. The surrounding circumstances indicate that the complainants were motivated by their honest belief that the Memorandum was indeed unlawful and unreasonable.

    In sum, the Court agrees that the complainants were indeed bound to obey the lawful orders of CCBPI, but only as long as these pertain to the duties as indicated in their position description. The order to perform the additional task of dumping caps/crowns, however, while being lawful, is not part of their duties as assistant syrupmen.

    In Zagala v. Mikado Philippines Corporation,54 the Court ruled that: "[w]hile the power to dismiss is a formal prerogative of the employer, this is without limitations. The employer is bound to exercise caution in terminating the services of his employees, and dismissals must not be arbitrary and capricious. Due process must be observed and employers should respect and protect the rights of their employees which include the right to labor. Indeed, to effect a valid dismissal, the law requires not only that there be just and valid cause; it must also be supported by clear and convincing evidence.”55

    At any rate, dismissal was too harsh a penalty for the omission imputed to them. Considering that CCBPI's own rules provide for a progression of disciplinary measures to be meted out on erring employees, there is no showing that CCBPI imposed on the complainants the lesser penalties first, before imposing on them the extreme penalty of termination from employment. Also, this Court observes that the complainants had been in the service of CCBPI for the past 20 years and nowhere in the records does it appear that they committed any previous infractions of company rules and regulations.

    Considering that the complainants
    were illegally terminated, they are
    entitled to backwages and separation pay.

    An employee who is illegally dismissed is entitled to the twin reliefs of full backwages and reinstatement. If reinstatement is not viable, separation pay is awarded to the employee. In awarding separation pay to an illegally dismissed employee, in lieu of reinstatement, the amount to be awarded shall be equivalent to one month salary for every year of service. Under Republic Act No. 6715, employees who are illegally dismissed are entitled to full backwages, inclusive of allowances and other benefits or their monetary equivalent, computed from the time their actual compensation was withheld from them up to the time of their actual reinstatement but if reinstatement is no longer possible, the backwages shall be computed from the time of their illegal termination up to the finality of the decision.56

    In the present case, the NLRC found that actual animosity existed between the complainants and CCBPI as a result of the filing of the illegal dismissal case. Such finding, especially when affirmed by the appellate court as in the case at bar, is binding upon the Court, consistent with the prevailing rules that this Court will not try facts anew and that findings of facts of quasi-judicial bodies are accorded great respect, even finality. Clearly then, the complainants are entitled to backwages and separation pay as their reinstatement has been rendered impossible due to strained relations.

    The complainants are not entitled
    to damages.

    In Audion Electric Co., Inc. v. NLRC,57 the Court held that moral and exemplary damages are recoverable only where the dismissal of an employee was attended by bad faith or fraud, or constituted an act oppressive to labor, or was done in a manner contrary to morals, good customs or public policy.58

    A dismissal may be contrary to law but by itself alone; it does not establish bad faith to entitle the dismissed employee to moral damages. The award of moral and exemplary damages cannot be justified solely upon the premise that the employer dismissed his employee without authorized cause and due process. The person claiming moral damages must prove the existence of bad faith by clear and convincing evidence for the law always presume good faith.59

    After a careful review of the case, however, the Court finds that the complainants failed to present clear and convincing evidence to show that their termination had been carried out in an arbitrary, capricious and malicious manner. As such, the awards of moral and exemplary damages are not warranted.

    The award of attorney's fees is
    proper under the circumstances.

    With respect to the award of attorney's fees, the Court finds the same, proper given the circumstances prevailing in the instant case, as well as the fact that the complainants have been forced to litigate from the LA to the NLRC, in the CA and all the way up to this Court in order to seek redress of their grievances.

    In San Miguel Corporation v. Aballa,60 this Court held that in actions for recovery of wages or where an employee was forced to litigate and, thus, incur expenses to protect his rights and interests, a maximum of 10% of the total monetary award by way of attorney's fees is justifiable under Article III of the Labor Code, Section 8, Rule VIII, Book III of its Implementing Rules, and paragraph 7, Article 2208 of the Civil Code.61

    Finally, legal interest shall be imposed on the monetary awards herein granted at the rate of six percent (6%) per annum from September 26, 2000 (date of termination) until fully paid.62

    WHEREFORE, premises considered, the consolidated petitions are hereby DENIED. The Decision dated December 14, 2001 of the Executive Labor Arbiter is REINSTATED and AFFIRMED in all respect. Coca-Cola Bottlers Philippines, Inc. is further ORDERED to PAY attorney's fees in the amount of ten percent (10%) of the total monetary award; and that legal interest shall be imposed on the monetary award at the rate of six percent (6%) per annum from September 26, 2000 (date of termination) until fully paid.

    SO ORDERED. cralawlawlibrary

    Velasco, Jr., (Chairperson), Perez, and Leonen,** JJ., concur. chanrobleslaw
    Peralta, J.,
    on official leave.

    Endnotes:


    ** Designated additional Member per Raffle dated February 2, 2015 vice Associate Justice Francis H. Jardeleza.

    1Rollo (G.R. No. 169967), pp. 5-49; rollo (G.R. No. 176074), pp. 10-36; rollo (G.R. No. 176205), pp. 15-44.

    2Rollo (G.R. No. 17620), pp. 539-540.

    3Rollo (G.R. No. 169967), pp. 62-63.

    4 Id. at 63.

    5Rollo (G.R. No. 176205), pp. 541-542.

    6 Id. at 542.

    7 Id. at 76.

    8Rollo (G.R. No. 169967), p. 82.

    9Rollo (G.R. No. 176205), p. 79.

    10 Id. at 80-81.

    11 Id.

    12Rollo (G.R. No. 169967), p. 60.

    13Rollo (G.R. No. 176205), p. 82.

    14 Id. at 85.

    15 Id. at 83-84.

    16 Id. at 87-88.

    17 Id. at 92.

    18 Id. at 89-90.

    19 Id. at 94-95.

    20 Id. at 100-101.

    21 Id. at 110-113.

    22 Id. at 114-121.

    23 Id. at 122-123.

    24 Rendered by Executive Labor Arbiter Eduardo J. Carpio; rollo (G.R. No. 176074), pp. 279-290.

    25cralawred Id. at 289-290.

    26 Penned by Commissioner Ireneo B. Bernardo, with Presiding Commissioner Lourdes C. Javier and Tito F. Genilo concurring; rollo (G.R. No. 169967), pp. 292-307.

    27 Id. at 306.

    28 Id. at 308-314, 315-349.

    29 Id. at 351-363.

    30 Id. at 363.

    31 Id. at 364-389, 398-421.

    32 Id. at 387.

    33 Id. at 419.

    34 Penned by Associate Justice Eugenio S. Labitoria, with Associate Justices Eliezer R. Delos Santos and Arturo D. Brion concurring; id. at 424-437.

    35 Id. at 437.

    36 Id. at 440-453.

    37 Id. at 456-458.

    38 Penned by Associate Justice Magdangal M. De Leon, with Associate Justices Rebecca De Quia­Salvador and Ramon R. Garcia concurring; rollo (G.R. No. 176275), pp. 539-552.

    39 Id. at 551.

    40Rollo (G.R. No. 176074), pp. 10-36.

    41Rollo (G.R. No. 176205), p. 604.

    42Rollo (G.R. No. 169967), pp. 23-24.

    43Rollo (G.R. No. 176074), p. 23.

    44Rollo (G.R. No. 176205), p. 36.

    45Buñing v. Santos, 533 Phil. 610, 615-616 (2006).

    46Dee Hwa Liang Electronics Corporation (DEECO) and/or Dee v. Papiona, 562 Phil. 451, 456 (2007).

    47Land Bank of the Philippines v. Spouses Chico, 600 Phil. 272, 285 (2009).

    48Abel v. Philex Mining Corporation, 612 Phil. 203, 213 (2009).

    49Rollo (G.R. No. 169967), p. 60.

    50Rollo (G.R. No. 176205), p. 548.

    51 466 Phil. 719 (2004).

    52 Id. at 730.

    53Rollo (G.R. No. 176074), pp. 542-543.

    54 534 Phil. 711 (2006).

    55 Id. at 721-722.

    56General Milling Corp. v. Casio, et al., 629 Phil. 12, 38 (2010).

    57 367 Phil. 620 (1999).

    58 Id. at 635.

    59Manila Water Company, Inc. v. Peña, 478 Phil. 68, 84 (2004).

    60 500 Phil. 170 (2005).

    61 Id. at 210.

    62Nacar v. Gallery Frames, et al., 716 Phil. 267 (2013).chanroblesvirtuallawlibrary

    G.R. No. 169967, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, ALMEDO LOPEZ, AND RUSTOM ALEJANDRINO, Petitioners, v. IBM LOCAL I, REGNER SANGALANG AND ROLANDO NACPIL, Respondents.; G.R. No. 176074, November 23, 2016 - REGNER A. SANGALANG AND ROLANDO V. NACPIL, Petitioners, v. COCA-COLA BOTTLERS PHILS., INC. (CCBPI), EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Respondents.; G.R. No. 176205, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Petitioners, v. REGNER A. SANGALANG AND ROLANDO NACPIL, Respondents.


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