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November-2008                  

  • [G.R. No. 184185 : November 26, 2008] VICTORIA N. MATA V. COURT OF APPEALS

  • [A.M. No. P-08-2473 [Formerly AM, OCA DPI No. 08-2795-P] : November 26, 2008] JUDGE MONINA S. MISAJON V. ARLYN 0. MINGUEZ, INTERPRETER, MTC, SAN JOSE, ANTIQUE

  • [G.R. No. 178688 : November 26, 2008] PEOPLE OF THE PHILIPPINES V. COURT OF APPEALS, CAI XIHE @ CHUA SAK HAP, TIAN SANG, CAI DUSHI @ CHUA TOK SIT, YAN QIZHONG @ SING HONG, LAO CHI DIAK @ CHI JAK, KING CHENG, AND HIM CHAMOU @ CHA BO

  • [A.M. No. OCA IPI No. 08-122-CA-J : November 25, 2008] MS. MARILYN P. REPANE VS. JUSTICE ROSMARI O. CARANDANG, COURT OF APPEALS

  • [G.R. No. 184474 : November 25, 2008] FERDINAND N. TALABONG VS. COMMISSION ON ELECTIONS); G.R. NO. 184477 (WALFREDO J. SUMILANG VS. COMMISSION ON ELECTIONS); AND G.R. NO. 185134 (FRUMENCIO E. PURGAR AND HOBART DEVEZA DATOR, JR. VS. SECRETARY EDUARDO R. ERMITA, IN HIS CAPACITY AS THE EXECUTIVE SECRETARY, SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, AND THE COMMISSION ON ELECTIONS

  • [G.R. No. 180046 : November 25, 2008] REVIEW CENTER ASSOCIATION OF THE PHILIPPINES, INC. VS. EXECUTIVE SECRETARY EDUARDO ERMITA, ET AL

  • [G.R. No. 184474 : November 25, 2008] FERDINAND N. TALABONG VS. COMMISSION ON ELECTIONS); G.R. NO. 184477 (WALFREDO J. SUMILANG VS. COMMISSION ON ELECTIONS); AND G.R. NO. 185134 (FRUMENCIO E. PURGAR AND HOBART DEVEZA DATOR, JR. VS. SECRETARY EDUARDO R. ERMITA, IN HIS CAPACITY AS THE EXECUTIVE SECRETARY, SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, AND THE COMMISSION ON ELECTIONS

  • [A. M. No. 04-11-319-MTC : November 25, 2008] RE: DESIGNATION OF ASSISTING JUDGE IN THE MTCC OF LAPU-LAPU CITY

  • [A.C. No. 7952 : November 24, 2008] EMMANUEL I. CRUZ V. ATTY. OSCAR L. KARAAN

  • [A.M. OCA I.P.I. No. 07-2637-P : November 24, 2008] OFFICE OF THE COURT ADMINISTRATOR [OCA] V. STANLEE D. CALMA, RTC, TAGAYTAY CITY, CAVITE, ORLANDO T. BACAY, JR. RTC, TOLEDO CITY, CEBU, AND VERONICA M. ORMITA, MTC, BANGAR, LA UNION

  • [G.R. No. 183940, November 24, 2008] BIENVENIDO CABRERA V. PEOPLE OF THE PHILIPPINES

  • [A.M. OCA IPI No. 08-2918-RTJ : November 24, 2008] SPOUSES POLICARPIO AND ALICIA CARADA V. PRESIDING JUDGE AIDA ESTRELLA MACAPAGAL, RTC, BR. 195, PARAÑAQUE

  • [G.R. No. 184055 : November 24, 2008] PEOPLE OF THE PHILIPPINES V. RAMIL ESQUILONA A.K.A. "TIRO"

  • [OCA I.P.I. No. 07-2728-RTJ : November 19, 2008] SPOUSES GODOFREDO AND EUNICE BUCSIT V. HON. PHILBERT I. ITURRALDE, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 5%, ANGELES CITY

  • [A.M. No. 08-5-120-MCTC : November 19, 2008] FAILURE OF ACTING JUDGE VIRGILIO G. BORJE, MUNICIPAL CIRCUIT TRIAL COURT-TAGUDIN, IIOCOS SUR TO DECIDE SIX (6) CASES

  • [A.M. No. P-06-2220 [Formerly OCA IPI No. 05-2331-P] : November 18, 2008] JUDGE JOSE G. DY VS. CHITO B. PACAO, LEGAL RESEARCHER, RTC, BRANCH 41, DAET, CAMARINES NORTE

  • [G.R. No. 123346 : November 18, 2008] MANOTOK REALTY, INC. ET AL. V. CLT REALTY AND DEVELOPMENT CORPORATION, ET AL.) ; G.R. NO. 134385 (ARANETA INSTITUTE OF AGRICULTURE, INC. V. HEIRS OF JOSE DIMSON, ETC., ET AL.) ; G.R. NO. 148767 (STO. NINO KAPITBAHAYAN ASSOCIATION, INC., V. CLT REALTY DEVELOPMENT CORPORATION)

  • [G.R. No. 178830 : November 18, 2008] ROLEX SUPLICO V. NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY, ET AL.) G.R. NO. 179317 (AMSTERDAM HOLDINGS, INC., ET AL. V. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, ET AL.) G.R. NO. 179613 (GALELEO P. ANGELES, ET AL. V. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, ET AL.

  • [A.M. No. 08-11-648-RTC : November 18, 2008] RE: ARSON INCIDENT THAT OCCURRED AT RTC, BRANCH 18, TAGAYTAY CITY, ON OCTOBER 12, 2008

  • [A.M. No. 06-7-420-RTC : November 18, 2008] RE: INVENTORY OF CASE, SURETY AND PROPERTY BONDS ATTACHED IN CRIMINAL CASES IN THE RTC, BRANCHES 72, 73, 74 AND 75, OLONGAPO CITY.

  • [A.M. No. 08-8-463-RTC : November 18, 2008] RE: REQUEST FOR THE TRANSFER OF ARRAIGNMENT AND TRIAL OF THE ACCUSED IN CRIMINAL CASE NO. 1067-4.

  • [AM No. P-08-2518 [Formerly A.M. OCA I.P.I. No. 07-2560-P] : November 17, 2008] EXECUTIVE JUDGE EDGARDO LLOREN, RTC, CAGAYAN DE ORO CITY V. WILLIAM M. PONFERRADA, CLERK III, AND MONETTE C. ABADINES, UTILITY I, RTC-OCC, CAGAYAN DE ORO CITY

  • Name[G.R. No. 175598 : November 17, 2008] THE PEOPLE OF THE PHILIPPINES VS. ROMEO LEGARTO AND V1CTORIO LEGARTO, JR.

  • Name[G.R. No. 181038 : November 17, 2008] PEOPLE OF THE PHILIPPINES VS. TEOFILO SALATAN Y GRAFE

  • [OCA I.P.I. No. 08-2989-RTJ : November 17, 2008] ANONYMOUS COMPLAINT AGAINST JUDGE ROMULO A. LOPEZ, REGIONAL TRIAL COURT, BRANCH 34, MANILA

  • [A.M. No. 08-19-SB-J : November 11, 2008] ASSISTANT SPECIAL PROSECUTOR 111 ROHERMIA J. JAMSANI-RODRIGUEZ VS. JUSTICES GREGORY S. ONG, JOSE R. HERNANDEZ AND RODOLFO A. PONFERRADA, SANDIGANBAYAN

  • [G.R. No. 183591 : November 11, 2008] THE PROVINCE OF NORTH COTABATO, DULY REPRESENTED BY GOVERNOR JESUS SACDALAN AND/OR VICE-GOVERNOR EMMANUEL PINOL, FOR AND IN HIS OWN BEHALF VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], ET AL.); G.R. NO. 183752 (CITY GOVERNMENT OF ZAMBOANGA, AS REPRESENTED BY HON. CELSO L, LOBREGAT, CITY MAYOR OF ZAMBOANGA, AND HIS PERSONAL CAPACITY AS RESIDENT OF THE CITY OF ZAMBOANGA, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL (GRP), ET AL.); G.R. NO. 183893 [FORMERLY UDK 14059] (CITY OF ILIGAN, DULY REPRESENTED BY CITY MAYOR LAWRENCE LLUCH CRUZ VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], ET AL.); G.R. NO. 183951 (THE PROVINCIAL GOVERNMENT OF ZAMBOANGA DEL NORTE, AS REPRESENTED BY HON. ROLANDO E. YEBES, IN HIS CAPACITY AS PROVINCIAL GOVERNOR, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL [GRP], AS REPRESENTED BY HON. HERMOGENES ESPERON, IN HIS CAPACITY AS THE PRESIDENTIAL ADVISER ON PEACE PROCESS); AND G.R. NO. 183962 (ERNESTO M. MACEDA, ET AL VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL REPRESENTED BY ITS CHAIRMAN RODOLFO C. GARCIA, ET AL.

  • [A.M. No. P-03-1755 : November 11, 2008] JUDGE MANUEL S. SOLLESTA V. SALVACION B. MISSION, CLERK OF COURT II, MCTC, BANGA, SOUTH COTABATO

  • [A.M. No. 08-6-352-RTC, November 11, 2008] RE: QUERY OF ATTY. KAREN M. SILVERIO-BUFFE, FORMER CLERK OF COURT VI, RTC, BRANCH 81, ROMBLON,ROMBLON, ON THE PROHIBITION FROM ENGAGING IN THE PRIVATE PRACTICE OF LAW.

  • [A.M. No. 08-9-538-RTC : November 11, 2008] RE: DESIGNATION OF ADDITIONAL FAMILY COURT IN THE RTC MALABON CITY

  • [A.M. No. 08-9-539-RTC : November 10, 2008] RE: DROPPING FROM THE ROLLS OF MR. SALVADOR C. MIRANDO, SHERIFF IV, RTC, OCC, SAN ROQUE, IRIGA CITY

  • [G.R. No. 181031 : November 10, 2008] THE PEOPLE OF THE PHILIPPINES V. ROSE BIROS Y BALDON

  • [G.R. No. 182346 : November 10, 2008] PEOPLE OF THE PHILIPPINES V. JAIME MOOG Y ALVAREZ, PRIMO ARENA Y GONZAGA, FELXCISIMO LAYGO Y TANYANG, EDGAR ALVAREZ Y ENRIQUEZ, ALMARIO ABRASALDO Y REYES, RUFO ASTERO Y MENDIONA, DOMINADOR TORANO Y FEROLINO, MANOLITO SANOOVAL Y CUETO

  • [G.R. No. 182346 : November 10, 2008] PEOPLE OF THE PHILIPPINES V. JAIME MOOG Y ALVAREZ, PRIMO ARENA Y GONZAGA, FELXCISIMO LAYGO Y TANYANG, EDGAR ALVAREZ Y ENRIQUEZ, ALMARIO ABRASALDO Y REYES, RUFO ASTERO Y MENDIONA, DOMINADOR TORANO Y FEROLINO, MANOLITO SANOOVAL Y CUETO

  • [A.C. No. 7893 : November 10, 2008] TERESITA ENCARNACION P. LADERAS V. ATTY. MA. ARWIN JUCO SINAGUINAN

  • [A.M. No. SB-07-15-P : November 10, 2008] MANUEL M. TORIO, SUPERVISING JUDICIAL STAFF OFFICER, SECURITY AND SHERIFF SERVICES, SANDIGANBAYAN V. PEP1TO B. GUILLEN AND DANILO B. GALLARON, [1] BOTH REPRODUCTION MACHINE OPERATOR II, SANDIGANBAYAN

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    chanrobles.com - PHILIPPINE SUPREME COURT RESOLUTIONS - ON-LINE

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    EN BANC

    [A.M. No. 08-9-539-RTC : November 10, 2008]

    RE: DROPPING FROM THE ROLLS OF MR. SALVADOR C. MIRANDO, SHERIFF IV, RTC, OCC, SAN ROQUE, IRIGA CITY

    Sirs/Mesdames:

    Quoted hereunder, for your information, is a resolution of the Court En Banc dated November 10, 2008.

    A.M. No. 08-9-539-RTC (Re: Dropping from the Rolls of Mr. Salvador C. Mirando, Sheriff IV, RTC, OCC, San Roque, Iriga City). This treats of the Report dated 11 September 2008 by the Office of the Court Administrator (OCA), which recommends the dropping from the rolls of Mr. Salvador Mirando, Sheriff IV of the Regional Trial Court (RTC), Office of the Clerk of Court (OCC), San Roque, Iriga City.

    According to the records of the Employees Leave Division of the Office of Administrative Services (OAS), Mirando filed an application for sick leave of absence, for period 17 May 2007 to 16 May 2008. Upon the expiration of his sick leave of absence, however, he failed to report back for work. Mirando has reached the one (1) year leave without pay (LWOP) mark on 17 May 2008, which corresponds to the maximum period allowed under the rules on leave of the Civil Service Commission. Mirando has neither reported back for work nor filed any application for disability retirement. The withholding of his salaries and benefits has also been approved by then Court Administrator Zenaida N. Elepaño upon the recommendation of the OAS in its Memorandum dated 9 November 2007.

    The OCA considers Mirando to have violated the Civil Service Rules on Leave. Section 62, Rule XVI of the Omnibus Rules on Leave, as amended by Resolution No. 98-3142 dated 14 December 1998, provides:
    Effect of failure to report for duty after expiration of one year leave. — If an official or a employee who is on leave without pay pursuant to Section 57 hereof, fails to report for work at the expiration of one (1) year from the date of such leave, he shall be considered automatically separated from the service.
    Likewise, Service 63, as amended by Memorandum Circular No. 18, s. 2007 states:
    Effect of absences without approved leave. —An official or an employee who is continuously absent without approved leave for atleast thirty (30) working days shall be considered on absence without official leave (AWOL) and shall be separated from the service or dropped from the rolls without prior notice. However, when it is clear under the obtaining circumstances that that official or employee concerned has established a scheme to circumvent the rule by incurring substantial absences though less than thirty (30)
    working days 3x in a semester, such that a pattern is already apparent, dropping from the rolls without notice may likewise be justified.

    If the number of unauthorized absences incurred is less than thirty (30) working days, a written Return-to-Work Order shall be served to him at his last known address on record. Failure on his pat to report for work within the period stated in the Order shall be a valid ground to drop him from the rolls.
    The OCA adds that under Rule XII, Sec. 2.2.6 of the Omnibus Rules on Leave, dropping from the rolls as a mode of separation from the service is "non-disciplinary in nature and shall not result in the forfeiture of any benefits on the part of the official or employee nor in disqualifying him from reemployment in the government."

    The OCA, thus, recommends that: (a) the name of Salvador C. Mirando be dropped from the rolls effective 19 May 2008 for having exceeded the one (1) year leave without pay (LWOP) maximum and for having been on absence without official leave (AWOL); (b) his position be declared vacant; and (c) he be informed of his separation from the service or dropping from the rolls at his address appearing in his 201 files.

    We find the recommendation of the OCA well taken. It appears that Mirando's absences are on account of his end stage renal disease necessitating twice weekly hemodialysis and not due to any intentional disregard of his duties as a public servant and employee. Inasmuch as Mirando has been on prolonged absence for more than one year (LWOP) and subsequently has been on AWOL, the Court hereby resolves to drop him from the roll of employees pursuant to Section 62 and 63, Rule XVI of the Omnibus Rules on Leave, as amended.

    WHEREFORE, Salvador C. Mirando is hereby DROPPED from the roll of employees effective 19 May 2008 and his position is declared VACANT.

    Let a copy of this Resolution be served upon him at his address appearing in his 201 files.


                                                   
     
    Very truly yours,
     
     
    (Sgd.) MA. LUISA D. VILLARAMA
     
    Clerk of Court


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