Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2011 > June 2011 Decisions > [G.R. No. 160506, June 06 : 2011] JOEB M. ALIVIADO, ARTHUR CORPUZ, ERIC ALIVIADO, MONCHITO AMPELOQUIO, ABRAHAM BASMAYOR, JONATHAN MATEO, LORENZO PLATON, JOSE FERNANDO GUTIERREZ, ESTANISLAO BUENAVENTURA, LOPE SALONGA, FRANZ DAVID, NESTOR IGNACIO, JULIO REY, RUBEN MARQUEZ, JR., MAXIMINO PASCUAL, ERNESTO CALANAO, ROLANDO ROMASANTA, RHUEL AGOO, BONIFACIO ORTEGA, ARSENIO SORIANO, JR., ARNEL ENDAYA, ROBERTO ENRIQUEZ, NESTOR BAQUILA, EDGARDO QUIAMBAO, SANTOS BACALSO, SAMSON BASCO, ALADINO GREGORO, JR., EDWIN GARCIA, ARMANDO VILLAR, EMIL TAWAT, MARIO P. LIONGSON, CRESENTE J. GARCIA, FERNANDO MACABENTE, MELECIO CASAPAO, REYNALDO JACABAN, FERDINAND SALVO, ALSTANDO MONTOS, RAINER N. SALVADOR, RAMIL REYES, PEDRO G. ROY, LEONARDO P. TALLEDO, ENRIQUE F. TALLEDO, WILLIE ORTIZ, ERNESTO SOYOSA, ROMEO VASQUEZ, JOEL BILLONES, ALLAN BALTAZAR, NOLI GABUYO, EMMANUEL E. LABAN, RAMIR E. PIAT, RAUL DULAY, TADEO DURAN, JOSEPH BANICO, ALBERT LEYNES, ANTONIO DACUNA, RENATO DELA CRUZ, ROMEO VIERNES, JR., ELAIS BASEO, WILFREDO TORRES, MELCHOR CARDANO, MARIANO NARANIAN, JOHN SUMERGIDO, ROBERTO ROSALES, GERRY C. GATPO, GERMAN N. GUEVARRA, GILBERT Y. MIRANDA, RODOLFO C. TOLEDO, ARNOLD D. LASTONA, PHILIP M. LOZA, MARIO N. CULDAYON, ORLANDO P. JIMENEZ, FRED P. JIMENEZ, RESTITUTO C. PAMINTUAN, JR., ROLANDO J. DE ANDRES, ARTUZ BUSTENERA, ROBERTO B. CRUZ, ROSEDY O. YORDAN, DENNIS DACASIN, ALEJANDRINO ABATON, AND ORLANDO S. BALANGUE, PETITIONERS, VS. PROCTER & GAMBLE PHILS., INC., AND PROMM-GEM INC., RESPONDENTS.:




SECOND DIVISION

[G.R. No. 160506, June 06 : 2011]

JOEB M. ALIVIADO, ARTHUR CORPUZ, ERIC ALIVIADO, MONCHITO AMPELOQUIO, ABRAHAM BASMAYOR, JONATHAN MATEO, LORENZO PLATON, JOSE FERNANDO GUTIERREZ, ESTANISLAO BUENAVENTURA, LOPE SALONGA, FRANZ DAVID, NESTOR IGNACIO, JULIO REY, RUBEN MARQUEZ, JR., MAXIMINO PASCUAL, ERNESTO CALANAO, ROLANDO ROMASANTA, RHUEL AGOO, BONIFACIO ORTEGA, ARSENIO SORIANO, JR., ARNEL ENDAYA, ROBERTO ENRIQUEZ, NESTOR BAQUILA, EDGARDO QUIAMBAO, SANTOS BACALSO, SAMSON BASCO, ALADINO GREGORO, JR., EDWIN GARCIA, ARMANDO VILLAR, EMIL TAWAT, MARIO P. LIONGSON, CRESENTE J. GARCIA, FERNANDO MACABENTE, MELECIO CASAPAO, REYNALDO JACABAN, FERDINAND SALVO, ALSTANDO MONTOS, RAINER N. SALVADOR, RAMIL REYES, PEDRO G. ROY, LEONARDO P. TALLEDO, ENRIQUE F. TALLEDO, WILLIE ORTIZ, ERNESTO SOYOSA, ROMEO VASQUEZ, JOEL BILLONES, ALLAN BALTAZAR, NOLI GABUYO, EMMANUEL E. LABAN, RAMIR E. PIAT, RAUL DULAY, TADEO DURAN, JOSEPH BANICO, ALBERT LEYNES, ANTONIO DACUNA, RENATO DELA CRUZ, ROMEO VIERNES, JR., ELAIS BASEO, WILFREDO TORRES, MELCHOR CARDANO, MARIANO NARANIAN, JOHN SUMERGIDO, ROBERTO ROSALES, GERRY C. GATPO, GERMAN N. GUEVARRA, GILBERT Y. MIRANDA, RODOLFO C. TOLEDO, ARNOLD D. LASTONA, PHILIP M. LOZA, MARIO N. CULDAYON, ORLANDO P. JIMENEZ, FRED P. JIMENEZ, RESTITUTO C. PAMINTUAN, JR., ROLANDO J. DE ANDRES, ARTUZ BUSTENERA, ROBERTO B. CRUZ, ROSEDY O. YORDAN, DENNIS DACASIN, ALEJANDRINO ABATON, AND ORLANDO S. BALANGUE, PETITIONERS, VS. PROCTER & GAMBLE PHILS., INC., AND PROMM-GEM INC., RESPONDENTS.

D E C I S I O N


DEL CASTILLO, J.:

Labor laws expressly prohibit "labor-only" contracting.  To prevent its circumvention, the Labor Code establishes an employer-employee relationship between the employer and the employees of the `labor-only' contractor.

The instant petition for review assails the March 21, 2003 Decision[1] of the Court of Appeals (CA) in CA-G.R. SP No. 52082 and its October 20, 2003 Resolution[2] denying the motions for reconsideration separately filed by petitioners and respondent Procter & Gamble Phils. Inc. (P&G).  The appellate court affirmed the July 27, 1998 Decision of the National Labor Relations Commission (NLRC), which in turn affirmed the November 29, 1996 Decision[3] of the Labor Arbiter.  All these decisions found Promm-Gem, Inc. (Promm-Gem) and Sales and Promotions Services (SAPS) to be legitimate independent contractors and the employers of the petitioners.

Factual Antecedents

Petitioners worked as merchandisers of P&G from various dates, allegedly starting as early as 1982 or as late as June 1991, to either May 5, 1992 or March 11, 1993, more specifically as follows:

Name
Date Employed
Date Dismissed
     
1. Joeb M. Aliviado
November,
1985 
May 5, 1992
2. Arthur Corpuz
1988 
March 11, 1993
3. Eric Aliviado
1985 
March 11, 1993
4. Monchito Ampeloquio 
September,  
1988
March 11, 1993
5. Abraham Basmayor[, Jr.]
1987 
March 11, 1993
6. Jonathan Mateo  
May, 
1988 
March 11, 1993
7. Lorenzo Platon  
1985 
March 11, 1993
8. Jose Fernando Gutierrez   
1988
May 5, 1992
9. Estanislao Buenaventura  
June,
1988
March 11, 1993
10. Lope Salonga   
1982
March 11, 1993
11. Franz David   
1989
March 11, 1993
12. Nestor Ignacio  
1982
March 11, 1993
13. Julio Rey 
1989 
May 5, 1992
14. Ruben [Vasquez], Jr.  
1985
May 5, 1992
15. Maximino Pascual 
1990 
May 5, 1992
16. Ernesto Calanao[, Jr.]  
1987 
May 5, 1992
17. Rolando Romasanta   
1983
March 11, 1993
18. [Roehl] Agoo  
1988 
March 11, 1993
19. Bonifacio Ortega 
1988 
March 11, 1993
20. Arsenio Soriano, Jr. 
1985 
March 11, 1993
21. Arnel Endaya   
1983
March 11, 1993
22. Roberto Enriquez  
December,
1988
March 11, 1993
23. Nestor [Es]quila
1983 
May 5, 1992
24. Ed[g]ardo Quiambao
1989 
March 11, 1993
25. Santos Bacalso
1990 
March 11, 1993
26. Samson Basco  
1984
March 11, 1993
27. Aladino Gregor[e], Jr.  
1980
May 5, 1992
28. Edwin Garcia  
1987 
May 5, 1992
29. Armando Villar  
1990
May 5, 1992
30. Emil Tawat  
1988
March 11, 1993
31. Mario P. Liongson  
1991
May 5, 1992
32. Cresente J. Garcia   
1984
March 11, 1993
33. Fernando Macabent[a]  
1990
May 5, 1992
34. Melecio Casapao  
1987
March 11, 1993
35. Reynaldo Jacaban
1990 
May 5, 1992
36. Ferdinand Salvo   
1985
May 5, 1992
37. Alstando Montos   
1984
March 11, 1993
38. Rainer N. Salvador   
1984
May 5, 1992
39. Ramil Reyes  
1984 
March 11, 1993
40. Pedro G. Roy 
1987
41. Leonardo [F]. Talledo   
1985
March 11, 1993
42. Enrique [F]. Talledo
1988 
March 11, 1993
43. Willie Ortiz  
1987
May 5, 1992
44. Ernesto Soyosa   
1988
May 5, 1992
45. Romeo Vasquez   
1985
March 11, 1993
46. Joel Billones  
1987
March 11, 1993
47. Allan Baltazar   
1989
March 11, 1993
48. Noli Gabuyo 
1991
March 11, 1993
49. Emmanuel E. Laban   
1987
May 5, 1992
50. Ramir[o] E. [Pita]   
1990
May 5, 1992
51. Raul Dulay  
1988
May 5, 1992
52. Tadeo Duran[o]  
1988
May 5, 1992
53. Joseph Banico   
1988
March 11, 1993
54. Albert Leynes 
1990 
May 5, 1992
55. Antonio Dacu[m]a  
1990
May 5, 1992
56. Renato dela Cruz 
1982
57. Romeo Viernes, Jr.
1986
58. El[ia]s Bas[c]o 
1989
59. Wilfredo Torres  
1986
May 5, 1992
60. Melchor Carda[ñ]o   
1991
May 5, 1992
61. [Marino] [Maranion]   
1989
May 5, 1992
62. John Sumergido   
1987
May 5, 1992
63. Roberto Rosales  
May, 
1987
May 5, 1992
64. Gerry [G]. Gatpo   
November,
1990
March 11, 1993
65. German N. Guevara  
May,
1990 
March 11, 1993
66. Gilbert Y. Miranda  
June,
1991
March 11, 1993
67. Rodolfo C. Toledo[, Jr.] 
May 14,
1991
March 11, 1993
68. Arnold D. [Laspoña]  
June
1991 
March 11, 1993
69. Philip M. Loza
March 5,  
1992
March 11, 1993
70. Mario N. C[o]ldayon   
May 14,
1991
March 11, 1993
71. Orlando P. Jimenez  
November 6,   
1992
March 11, 1993
72. Fred P. Jimenez  
September,
1991
March 11, 1993
73. Restituto C. Pamintuan, Jr.
March 5,  
1992
March 11, 1993
74. Rolando J. de Andres 
June,
1991 
March 11, 1993
75. Artuz Bustenera[, Jr.]   
December,
1989
March 11, 1993
76. Roberto B. Cruz
May 4,  
1990
March 11, 1993
77. Rosedy O. Yordan  
June,
1991
May 5, 1992
78. Dennis Dacasin 
May. 
1990
May 5, 1992
79. Alejandrino Abaton  
1988
May 5, 1992
80. Orlando S. Balangue 
March,
1989
March 11, 1993[4]

They all individually signed employment contracts with either Promm-Gem or SAPS for periods of more or less five months at a time.[5]  They were assigned at different outlets, supermarkets and stores where they handled all the products of P&G.  They received their wages from Promm-Gem or SAPS.[6]

SAPS and Promm-Gem imposed disciplinary measures on erring merchandisers for reasons such as habitual absenteeism, dishonesty or changing day-off without prior notice.[7]

P&G is principally engaged in the manufacture and production of different consumer and health products, which it sells on a wholesale basis to various supermarkets and distributors.[8]  To enhance consumer awareness and acceptance of the products, P&G entered into contracts with Promm-Gem and SAPS for the promotion and merchandising of its products.[9]

In December 1991, petitioners filed a complaint[10] against P&G for regularization, service incentive leave pay and other benefits with damages.  The complaint was later amended[11] to include the matter of their subsequent dismissal.

Ruling of the Labor Arbiter

On November 29, 1996, the Labor Arbiter dismissed the complaint for lack of merit and ruled that there was no employer-employee relationship between petitioners and P&G.  He found that the selection and engagement of the petitioners, the payment of their wages, the power of dismissal and control with respect to the means and methods by which their work was accomplished, were all done and exercised by Promm-Gem/SAPS. He further found that Promm-Gem and SAPS were legitimate independent job contractors.  The dispositive portion of his Decision reads:

WHEREFORE, premises considered, judgment is hereby rendered Dismissing the above-entitled cases against respondent Procter & Gamble (Phils.), Inc. for lack of merit.

SO ORDERED.[12]

Ruling of the NLRC

Appealing to the NLRC, petitioners disputed the Labor Arbiter's findings.  On July 27, 1998, the NLRC rendered a Decision[13] disposing as follows:

WHEREFORE, premises considered, the appeal of complainants is hereby DISMISSED and the decision appealed from AFFIRMED.

SO ORDERED.[14]

Petitioners filed a motion for reconsideration but the motion was denied in the November 19, 1998 Resolution.[15]

Ruling of the Court of Appeals

Petitioners then filed a petition for certiorari with the CA, alleging grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Labor Arbiter and the NLRC.  However, said petition was also denied by the CA which disposed as follows:

WHEREFORE, the decision of the National Labor Relations Commission dated July 27, 1998 is AFFIRMED with the MODIFICATION that respondent Procter & Gamble Phils., Inc. is ordered to pay service incentive leave pay to petitioners.

SO ORDERED.[16]

Petitioners filed a motion for reconsideration but the motion was also denied.  Hence, this petition.

Issues

Petitioners now come before us raising the following issues:

I.

WHETHER X X X THE HONORABLE COURT OF APPEALS HAS COMMITTED [A] REVERSIBLE ERROR WHEN IT DID NOT FIND THE PUBLIC RESPONDENTS TO HAVE ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF OR IN EXCESS OF JURISDICTION IN RENDERING THE QUESTIONED JUDGMENT WHEN, OBVIOUSLY, THE PETITIONERS WERE ABLE TO PROVE AND ESTABLISH THAT RESPONDENT PROCTER & GAMBLE PHILS., INC. IS THEIR EMPLOYER AND THAT THEY WERE ILLEGALLY DISMISSED BY THE FORMER.

II.

WHETHER X X X THE HONORABLE COURT OF APPEALS HAS COMMITTED [A] REVERSIBLE ERROR WHEN IT DID NOT DECLARE THAT THE PUBLIC RESPONDENTS HAD ACTED WITH GRAVE ABUSE OF DISCRETION WHEN THE LATTER DID NOT FIND THE PRIVATE RESPONDENTS LIABLE TO THE PETITIONERS FOR PAYMENT OF ACTUAL, MORAL AND EXEMPLARY DAMAGES AS WELL AS LITIGATION COSTS AND ATTORNEY'S FEES.[17]

Simply stated, the issues are: (1) whether P&G is the employer of petitioners; (2) whether petitioners were illegally dismissed; and (3) whether petitioners are entitled for payment of actual, moral and exemplary damages as well as litigation costs and attorney's fees.

Petitioners' Arguments

Petitioners insist that they are employees of P&G.  They claim that they were recruited by the salesmen of P&G and were engaged to undertake merchandising chores for P&G long before the existence of Promm-Gem and/or SAPS.  They further claim that when the latter had its so-called re-alignment program, petitioners were instructed to fill up application forms and report to the agencies which P&G created.[18]

Petitioners further claim that P&G instigated their dismissal from work as can be gleaned from its letter[19] to SAPS dated February 24, 1993, informing the latter that their Merchandising Services Contract will no longer be renewed.

Petitioners further assert that Promm-Gem and SAPS are labor-only contractors providing services of manpower to their client. They claim that the contractors have neither substantial capital nor tools and equipment to undertake independent labor contracting.  Petitioners insist that since they had been engaged to perform activities which are necessary or desirable in the usual business or trade of P&G, then they are its regular employees.[20]

Respondents' Arguments

On the other hand, P&G points out that the instant petition raises only questions of fact and should thus be thrown out as the Court is not a trier of facts.  It argues that findings of facts of the NLRC, particularly where the NLRC and the Labor Arbiter are in agreement, are deemed binding and conclusive on the Supreme Court.

P&G further argues that there is no employment relationship between it and petitioners.  It was Promm-Gem or SAPS that (1) selected petitioners and engaged their services; (2) paid their salaries; (3) wielded the power of dismissal; and (4) had the power of control over their conduct of work.

P&G also contends that the Labor Code neither defines nor limits which services or activities may be validly outsourced. Thus, an employer can farm out any of its activities to an independent contractor, regardless of whether such activity is peripheral or core in nature.  It insists that the determination of whether to engage the services of a job contractor or to engage in direct hiring is within the ambit of management prerogative.

At this juncture, it is worth mentioning that on January 29, 2007, we deemed as waived the filing of the Comment of Promm-Gem on the petition.[21] Also, although SAPS was impleaded as a party in the proceedings before the Labor Arbiter and the NLRC, it was no longer impleaded as a party in the proceedings before the CA.[22]  Hence, our pronouncements with regard to SAPS are only for the purpose of determining the obligations of P&G, if any.

Our Ruling

The petition has merit.

As a rule, the Court refrains from reviewing factual assessments of lower courts and agencies exercising adjudicative functions, such as the NLRC.  Occasionally, however, the Court is constrained to wade into factual matters when there is insufficient or insubstantial evidence on record to support those factual findings; or when too much is concluded, inferred or deduced from the bare or incomplete facts appearing on record.[23]  In the present case, we find the need to review the records to ascertain the facts.

Labor-only contracting and job contracting

In order to resolve the issue of whether P&G is the employer of petitioners, it is necessary to first determine whether Promm-Gem and SAPS are labor-only contractors or legitimate job contractors.

The pertinent Labor Code provision on the matter states:

ART. 106. Contractor or subcontractor. - Whenever an employer enters into a contract with another person for the performance of the former's work, the employees of the contractor and of the latter's subcontractor, if any, shall be paid in accordance with the provisions of this Code.

In the event that the contractor or subcontractor fails to pay the wages of his employees in accordance with this Code, the employer shall be jointly and severally liable with his contractor or subcontractor to such employees to the extent of the work performed under the contract, in the same manner and extent that he is liable to employees directly employed by him.

The Secretary of Labor may, by appropriate regulations, restrict or prohibit the contracting out of labor to protect the rights of workers established under this Code. In so prohibiting or restricting, he may make appropriate distinctions between labor-only contracting and job contracting as well as differentiations within these types of contracting and determine who among the parties involved shall be considered the employer for purposes of this Code, to prevent any violation or circumvention of any provision of this Code.

There is "labor-only" contracting where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him. (Emphasis and underscoring supplied.)

Rule VIII-A, Book III of the Omnibus Rules Implementing the Labor Code, as amended by Department Order No. 18-02,[24] distinguishes between legitimate and labor-only contracting:

x x x x

Section 3. Trilateral Relationship in Contracting Arrangements. In legitimate contracting, there exists a trilateral relationship under which there is a contract for a specific job, work or service between the principal and the contractor or subcontractor, and a contract of employment between the contractor or subcontractor and its workers. Hence, there are three parties involved in these arrangements, the principal which decides to farm out a job or service to a contractor or subcontractor, the contractor or subcontractor which has the capacity to independently undertake the performance of the job, work or service, and the contractual workers engaged by the contractor or subcontractor to accomplish the job[,] work or service.

x x x x

Section 5. Prohibition against labor-only contracting. Labor-only contracting is hereby declared prohibited. For this purpose, labor-only contracting shall refer to an arrangement where the contractor or subcontractor merely recruits, supplies or places workers to perform a job, work or service for a principal, and any of the following elements are present:

i) The contractor or subcontractor does not have substantial capital or investment which relates to the job, work or service to be performed and the employees recruited, supplied or placed by such contractor or subcontractor are performing activities which are directly related to the main business of the principal; or

ii) [T]he contractor does not exercise the right to control over the performance of the work of the contractual employee.

The foregoing provisions shall be without prejudice to the application of Article 248 (c) of the Labor Code, as amended.

"Substantial capital or investment" refers to capital stocks and subscribed capitalization in the case of corporations, tools, equipment, implements, machineries and work premises, actually and directly used by the contractor or subcontractor in the performance or completion of the job, work or service contracted out.

The "right to control" shall refer to the right reserved to the person for whom the services of the contractual workers are performed, to determine not only the end to be achieved, but also the manner and means to be used in reaching that end.

x x x x  (Underscoring supplied.)

Clearly, the law and its implementing rules allow contracting arrangements for the performance of specific jobs, works or services.  Indeed, it is management prerogative to farm out any of its activities, regardless of whether such activity is peripheral or core in nature.  However, in order for such outsourcing to be valid, it must be made to an independent contractor because the current labor rules expressly prohibit labor-only contracting.

To emphasize, there is labor-only contracting when the contractor or sub-contractor merely recruits, supplies or places workers to perform a job, work or service for a principal[25] and any of the following elements are present:

i)  The contractor or subcontractor does not have substantial capital or investment which relates to the job, work or service to be performed and the employees recruited, supplied or placed by such contractor or subcontractor are performing activities which are directly related to the main business of the principal; or

ii) The contractor does not exercise the right to control over the performance of the work of the contractual employee. (Underscoring supplied)

In the instant case,  the  financial  statements[26] of Promm-Gem show that it

has authorized capital stock of P1 million and a paid-in capital, or capital available for operations, of P500,000.00 as of 1990.[27] It also has long term assets worth P432,895.28 and current assets of P719,042.32.  Promm-Gem has also proven that it maintained its own warehouse and office space with a floor area of 870 square meters.[28]  It also had under its name three registered vehicles which were used for its promotional/merchandising business.[29] Promm-Gem also has other clients[30] aside from P&G.[31] Under the circumstances, we find that Promm-Gem has substantial investment which relates to the work to be performed.  These factors negate the existence of the element specified in Section 5(i) of DOLE Department Order No. 18-02.

The records also show that Promm-Gem supplied its complainant-workers with the relevant materials, such as markers, tapes, liners and cutters, necessary for them to perform their work.  Promm-Gem also issued uniforms to them. It is also relevant to mention that Promm-Gem already considered the complainants working under it as its regular, not merely contractual or project, employees.[32]  This circumstance negates the existence of element (ii) as stated in Section 5 of DOLE Department Order No. 18-02, which speaks of contractual employees. This, furthermore, negates - on the part of Promm-Gem - bad faith and intent to circumvent labor laws which factors have often been tipping points that lead the Court to strike down the employment practice or agreement concerned as contrary to public policy, morals, good customs or public order.[33]

Under the circumstances, Promm-Gem cannot be considered as a labor-only contractor.  We find that it is a legitimate independent contractor.

On the other hand, the Articles of Incorporation of SAPS shows that it has a paid-in capital of only P31,250.00.  There is no other evidence presented to show how much its working capital and assets are.  Furthermore, there is no showing of substantial investment in tools, equipment or other assets.

In Vinoya v. National Labor Relations Commission,[34] the Court held that "[w]ith the current economic atmosphere in the country, the paid-in capitalization of PMCI amounting to P75,000.00 cannot be considered as substantial capital and, as such, PMCI cannot qualify as an independent contractor."[35] Applying the same rationale to the present case, it is clear that SAPS - having a paid-in capital of only P31,250 - has no substantial capital.  SAPS' lack of substantial capital is underlined by the records[36] which show that its payroll for its merchandisers alone for one month would already total P44,561.00.  It had 6-month contracts with  P&G.[37]  Yet SAPS failed to show that it could complete the 6-month contracts using its own capital and investment.  Its capital is not even sufficient for one month's payroll. SAPS failed to show that its paid-in capital of P31,250.00 is sufficient for the period required for it to generate its needed revenue to sustain its operations independently. Substantial capital refers to capitalization used in the performance or completion of the job, work or service contracted out.  In the present case, SAPS has failed to show substantial capital.

Furthermore, the petitioners have been charged with the merchandising and promotion of the products of P&G, an activity that has already been considered by the Court as doubtlessly directly related to the manufacturing business,[38] which is the principal business of P&G.  Considering that SAPS has no substantial capital or investment and the workers it recruited are performing activities which are directly related to the principal business of P&G, we find that the former is engaged in "labor-only contracting".

"Where `labor-only' contracting exists, the Labor Code itself establishes an employer-employee relationship between the employer and the employees of the `labor-only' contractor."[39] The statute establishes this relationship for a comprehensive purpose: to prevent a circumvention of labor laws. The contractor is considered merely an agent of the principal employer and the latter is responsible to the employees of the labor-only contractor as if such employees had been directly employed by the principal employer.[40]

Consequently, the following petitioners, having been recruited and supplied by SAPS[41] -- which engaged in labor-only contracting -- are considered as the employees of P&G: Arthur Corpuz, Eric Aliviado, Monchito Ampeloquio, Abraham Basmayor, Jr., Jonathan Mateo, Lorenzo Platon, Estanislao Buenaventura, Lope Salonga, Franz David, Nestor Ignacio, Jr., Rolando Romasanta, Roehl Agoo, Bonifacio Ortega, Arsenio Soriano, Jr., Arnel Endaya, Roberto Enriquez, Edgardo Quiambao, Santos Bacalso, Samson Basco, Alstando Montos, Rainer N. Salvador, Pedro G. Roy, Leonardo F. Talledo, Enrique F. Talledo, Joel Billones, Allan Baltazar, Noli Gabuyo, Gerry Gatpo, German Guevara, Gilbert V. Miranda, Rodolfo C. Toledo, Jr., Arnold D. Laspoña, Philip M. Loza, Mario N. Coldayon, Orlando P. Jimenez, Fred P. Jimenez, Restituto C. Pamintuan, Jr., Rolando J. De Andres, Artuz Bustenera, Jr., Roberto B. Cruz, Rosedy O. Yordan, Orlando S. Balangue, Emil Tawat, Cresente J. Garcia, Melencio Casapao, Romeo Vasquez, Renato dela Cruz, Romeo Viernes, Jr., Elias Basco and Dennis Dacasin.

The following petitioners, having worked under, and been dismissed by Promm-Gem, are considered the employees of Promm-Gem, not of P&G: Wilfredo Torres, John Sumergido, Edwin Garcia, Mario P. Liongson, Jr., Ferdinand Salvo, Alejandrino Abaton, Emmanuel A. Laban, Ernesto Soyosa, Aladino Gregore, Jr., Ramil Reyes, Ruben Vasquez, Jr., Maximino Pascual, Willie Ortiz, Armando Villar, Jose Fernando Gutierrez, Ramiro Pita, Fernando Macabenta, Nestor Esquila, Julio Rey, Albert Leynes, Ernesto Calanao, Roberto Rosales, Antonio Dacuma, Tadeo Durano, Raul Dulay, Marino Maranion, Joseph Banico, Melchor Cardano, Reynaldo Jacaban, and Joeb Aliviado.[42]

Termination of services

We now discuss the issue of whether petitioners were illegally dismissed. In cases of regular employment, the employer shall not terminate the services of an employee except for a just[43] or authorized[44] cause.

In the instant case, the termination letters given by Promm-Gem to its employees uniformly specified the cause of dismissal as grave misconduct and breach of trust, as follows:

x x x x

This informs you that effective May 5, 1992, your employment with our company, Promm-Gem, Inc. has been terminated. We find your expressed admission, that you considered yourself as an employee of Procter & Gamble Phils., Inc.... and assailing the integrity of the Company as legitimate and independent promotion firm, is deemed as an act of disloyalty prejudicial to the interests of our Company: serious misconduct and breach of trust reposed upon you as employee of our Company which [co]nstitute just cause for the termination of your employment.

x x x x[45]

Misconduct has been defined as improper or wrong conduct; the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, unlawful in character implying wrongful intent and not mere error of judgment. The misconduct to be serious must be of such grave and aggravated character and not merely trivial and unimportant.[46]  To be a just cause for dismissal, such misconduct (a) must be serious; (b) must relate to the performance of the employee's duties; and (c) must show that the employee has become unfit to continue working for the employer.[47]

In other words, in order to constitute serious misconduct which will warrant the dismissal of an employee under paragraph (a) of Article 282 of the Labor Code, it is not sufficient that the act or conduct complained of has violated some established rules or policies.  It is equally important and required that the act or conduct must have been performed with wrongful intent.[48] In the instant case, petitioners-employees of Promm-Gem may have committed an error of judgment in claiming to be employees of P&G, but it cannot be said that they were motivated by any wrongful intent in doing so.  As such, we find them guilty of only simple misconduct for assailing the integrity of Promm-Gem as a legitimate and independent promotion firm.  A misconduct which is not serious or grave, as that existing in the instant case, cannot be a valid basis for dismissing an employee.

Meanwhile, loss of trust and confidence, as a ground for dismissal, must be based on the willful breach of the trust reposed in the employee by his employer. Ordinary breach will not suffice. A breach of trust is willful if it is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.[49]

Loss of trust and confidence, as a cause for termination of employment, is premised on the fact that the employee concerned holds a position of responsibility or of trust and confidence.  As such, he must be invested with confidence on delicate matters, such as custody, handling or care and protection of the property and assets of the employer.  And, in order to constitute a just cause for dismissal, the act complained of must be work-related and must show that the employee is unfit to continue to work for the employer.[50] In the instant case, the petitioners-employees of Promm-Gem have not been shown to be occupying positions of responsibility or of trust and confidence. Neither is there any evidence to show that they are unfit to continue to work as merchandisers for Promm-Gem.

All told, we find no valid cause for the dismissal of petitioners-employees of Promm-Gem.

While Promm-Gem had complied with the procedural aspect of due process in terminating the employment of petitioners-employees, i.e., giving two notices and in between such notices, an opportunity for the employees to answer and rebut the charges against them, it failed to comply with the substantive aspect of due process as the acts complained of neither constitute serious misconduct nor breach of trust.  Hence, the dismissal is illegal.

With regard to the petitioners placed with P&G by SAPS, they were given no written notice of dismissal.  The records show that upon receipt by SAPS of  P&G's letter terminating their "Merchandising Services Contact" effective March 11, 1993, they in turn verbally informed the concerned petitioners not to report for work anymore.  The concerned petitioners related their dismissal as follows:

x x x x

5. On March 11, 1993, we were called to a meeting at SAPS office.  We were told by Mr. Saturnino A. Ponce that we should already stop working immediately because that was the order of Procter and Gamble.  According to him he could not do otherwise because Procter and Gamble was the one paying us.  To prove that Procter and Gamble was the one responsible in our dismissal, he showed to us the letter[51] dated February 24, 1993, x x x

February 24, 1993

Sales and Promotions Services
Armon's Bldg., 142 Kamias Road,
Quezon City
Attention: Mr. Saturnino A. Ponce
President & General Manager

Gentlemen:

Based on our discussions last 5 and 19 February 1993, this formally informs you that we will not be renewing our Merchandising Services Contract with your agency.

Please immediately undertake efforts to ensure that your services to the Company will terminate effective close of business hours of 11 March 1993.

This is without prejudice to whatever obligations you may have to the company under the abovementioned contract.

Very truly yours,

(Sgd.)
EMMANUEL M. NON
Sales Merchandising III

6. On March 12, 1993, we reported to our respective outlet assignments.  But, we were no longer allowed to work and we were refused entrance by the security guards posted.  According to the security guards, all merchandisers of Procter and Gamble under S[APS] who filed a case in the Dept. of Labor are already dismissed as per letter of Procter and Gamble dated February 25, 1993. x x x[52]

Neither SAPS nor P&G dispute the existence of these circumstances.  Parenthetically, unlike Promm-Gem which dismissed its employees for grave misconduct and breach of trust due to disloyalty, SAPS dismissed its employees upon the initiation of P&G.  It is evident that SAPS does not carry on its own business because the termination of its contract with P&G automatically meant for it also the termination of its employees' services.  It is obvious from its act that SAPS had no other clients and had no intention of seeking other clients in order to further its merchandising business.  From all indications SAPS, existed to cater solely to the need of P&G for the supply of employees in the latter's merchandising concerns only.  Under the circumstances prevailing in the instant case, we cannot consider SAPS as an independent contractor.

Going back to the matter of dismissal, it must be emphasized that the onus probandi to prove the lawfulness of the dismissal rests with the employer.[53]  In termination cases, the burden of proof rests upon the employer to show that the dismissal is for just and valid cause.[54] In the instant case, P&G failed to discharge the burden of proving the legality and validity of the dismissals of those petitioners who are considered its employees. Hence, the dismissals necessarily were not justified and are therefore illegal.

Damages

We now go to the issue of whether petitioners are entitled to damages.  Moral

and exemplary damages are recoverable 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.[55]

With regard to the employees of Promm-Gem, there being no evidence of bad faith, fraud or any oppressive act on the part of the latter, we find no support for the award of damages.

As for P&G, the records show that it dismissed its employees through SAPS in a manner oppressive to labor. The sudden and peremptory barring of the concerned petitioners from work, and from admission to the work place, after just a one-day verbal notice, and for no valid cause bellows oppression and utter disregard of the right to due process of the concerned petitioners.  Hence, an award of moral damages is called for.

Attorney's fees may likewise be awarded to the concerned petitioners who were  illegally  dismissed  in  bad  faith  and  were compelled  to  litigate  or  incur expenses to protect their rights by reason of the oppressive acts[56] of P&G.

Lastly, under Article 279 of the Labor Code, an employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges, inclusive of allowances, and other benefits or their monetary equivalent from the time the compensation was withheld up to the time of actual reinstatement.[57] Hence, all the petitioners, having been illegally dismissed are entitled to reinstatement without loss of seniority rights and with full back wages and other benefits from the time of their illegal dismissal up to the time of their actual reinstatement.

WHEREFORE, the petition is GRANTED.  The Decision dated March 21, 2003 of the Court of Appeals in CA-G.R. SP No. 52082 and the Resolution dated October 20, 2003 are REVERSED and SET ASIDE.  Procter & Gamble Phils., Inc. and Promm-Gem, Inc. are ORDERED to reinstate their respective employees immediately without loss of seniority rights and with full backwages and other benefits from the time of their illegal dismissal up to the time of their actual reinstatement.  Procter & Gamble Phils., Inc. is further ORDERED to pay each of those petitioners considered as its employees, namely Arthur Corpuz, Eric Aliviado, Monchito Ampeloquio, Abraham Basmayor, Jr., Jonathan Mateo, Lorenzo Platon, Estanislao Buenaventura, Lope Salonga, Franz David, Nestor Ignacio, Rolando Romasanta, Roehl Agoo, Bonifacio Ortega, Arsenio Soriano, Jr., Arnel Endaya, Roberto Enriquez, Edgardo Quiambao, Santos Bacalso, Samson Basco, Alstando Montos, Rainer N. Salvador, Pedro G. Roy, Leonardo F. Talledo, Enrique F. Talledo, Joel Billones, Allan Baltazar, Noli Gabuyo, Gerry Gatpo, German Guevara, Gilbert Y. Miranda, Rodolfo C. Toledo, Jr., Arnold D. Laspoña, Philip M. Loza, Mario N. Coldayon, Orlando P. Jimenez, Fred P. Jimenez, Restituto C. Pamintuan, Jr., Rolando J. De Andres, Artuz Bustenera, Jr., Roberto B. Cruz, Rosedy O. Yordan, Orlando S. Balangue, Emil Tawat, Cresente J. Garcia, Melencio Casapao, Romeo Vasquez, Renato dela Cruz, Romeo Viernes, Jr., Elias Basco and Dennis Dacasin, P25,000.00 as moral damages plus ten percent of the total sum as and for attorney's fees.

Let this case be REMANDED to the Labor Arbiter for the computation, within 30 days from receipt of this Decision, of petitioners' backwages and other benefits; and ten percent of the total sum as and for attorney's fees as stated above; and for immediate execution.

SO ORDERED.

Carpio, (Chairperson), Brion, Del Castillo, Abad, and Perez, JJ.    

Endnotes:


[1] Rollo, pp. 86-95; penned by Associate Justice Edgardo P. Cruz and concurred in by Associate Justices Salvador J. Valdez, Jr. and Mario L. Guariña III.

[2] Id. at 97-98.

[3] Id. at 298-312.

[4] Id. at 30-31.

[5] Id. at 434-435.

[6] Id. at 438-440.

[7]  Id. at 441-442.

[8]  Id. at 105.

[9]  Id. at 406-414.

[10] Id. at 158-164.

[11] Records, Vol. I, pp. 345-346, 373-392; Records, Vol. II, pp. 396-412.

[12] Rollo, pp. 112-113.

[13] Id. at 115-135.

[14] Id. at 135.

[15] Id. at 137-157.

[16] Id. at 94-95.

[17] Id. at 668.

[18] Id. at 679.

[19] Id. at 192.

[20] Id. at 693-697.

[21] Id. at 652.

[22] Id. at 89.

[23] Pascua v. National Labor Relations Commission (Third Division), 351 Phil 48, 61 (1998).

[24] Rules Implementing Articles 106 to 109 of the Labor Code, As Amended, approved February 21, 2002.

[25] Escario v. National Labor Relations Commission, 388 Phil. 929, 938 (2000).

[26] Records, Vol. I, p. 208.

[27] Id. at 211.

[28] Rollo, p. 453; TSN, February 22, 1994, p. 9.

[29] Rollo, pp 580-582.

[30] a. Adidas Division, Rubberworld Phil., Inc.; b. CFC Corporation; c. Focus Enterprise, Inc., d. Procter & Gamble Phil., Inc., e. Roche Phil., Inc.; f. Sterling Products Int'l., Inc.; g. Southeast Asia Foods, Inc.; h. Pepsi Co., Inc.; i. Kraft General Foods Phil., Inc.; j. Universal Robina Corp.; k. Wrigley Phil., Inc.; l. Asia Brewery, Inc.; m. Ayala Land, Inc.; n. Citibank, N.A.; o. S.C. Johnson, Inc.; p. Glaxo Phil., Inc.; q. Bank of the Phil. Island-Loyola Branch; r. Republic Chemical, Inc.; s. Metrolab, Inc.; and, t. First Pacific Metro Corp. Records, Vol. I, p. 192.

[31] Id.

[32] Records, Vol. II, pp. 599-623.

[33] The act of hiring and re-hiring workers over a period of time without considering them as regular employees evinces bad faith on the part of the employer. San Miguel Corporation v. National Labor Relations Commission, G.R. No. 147566, December 6, 2006, 510 SCRA 181, 189; Bustamante v. National Labor Relations Commission, G. R. No. 111651, March 15, 1996, 255 SCRA 145, 150.

[34] 381 Phil. 460 (2000). This case involved an employee who was dismissed and filed a labor case in 1991, about the same time frame as that involved in this case for purposes of taking judicial notice of the economic atmosphere in the country.

[35] Id. at 476.

[36] Records, Vol. I, p. 556.

[37] Rollo, p. 412.

[38] Tabas v. California Manufacturing Co., Inc., 251 Phil. 448, 454 (1989).

[39] Neri v. National Labor Relations Commission, G.R. Nos. 97008-09, July 23, 1993, 224 SCRA 717, 720, citing Philippine Bank of Communications v. National Labor Relations Commission, 230 Phil. 430, 440 (1986).

[40] San Miguel Corporation v. Aballa, G.R. No. 149011, June 28, 2005, 461 SCRA 392, 422.

[41] Records, Vol. I, p. 340. SAPS has admitted that the complainants are its employees.

[42] Records, Vol. I, p. 193; Vol. II, pp. 666-692.

[43] Labor Code of the Philippines,

ART. 282. Termination by employer. -  An employer may terminate an employment for any of the following causes:

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

(b) Gross and habitual neglect by the employee of his duties;

(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

(d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative; and

(e) Other causes analogous to the foregoing.

[44] ART. 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof x x x

ART. 284. Disease as ground for termination. - An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: x x x

[45] Records, Vol. II, p. 447.

[46] National Labor Relations Commission v. Salgarino, G.R. No. 164376, July 31, 2006, 497 SCRA 361, 375; Molina v. Pacific Plans, Inc., G.R. No.165476, March 10, 2006, 484 SCRA 498, 518; Samson v. National Labor Relations Commission, 386 Phil. 669, 682 (2000).

[47] Bañez v. De La Salle University, G.R. No. 167177, September 27, 2006, 503 SCRA 691, 700; Phil. Aeolus Automotive United Corp. v. National Labor Relations Commission, 387 Phil. 250, 261 (2000).

[48] National Labor Relations Commission v. Salgarino, supra at 376.

[49] Velez v. Shangri-La's Edsa Plaza Hotel, G.R. No. 148261, October 9, 2006, 504 SCRA 13, 25.

[50] Id. at 26.

[51] Rollo, p. 192.

[52] Records, Vol. II, p. 413.

[53] National Labor Relations Commission v. Salgarino, supra note 46 at 383.

[54] Royal Crown Internationale v. National Labor Relations Commission, G.R. No. 78085, October 16, 1989, 178 SCRA 569, 578.

LABOR CODE OF THE PHILIPPINES,

ART. 279. - Security of Tenure.  − In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.

[55] Pascua v. National Labor Relations Commission (Third Division), supra note 23 at 72; Acuña v. Court of Appeals, G.R. No.159832,  May 5, 2006, 489 SCRA 658, 668; Quadra v. Court of Appeals, G.R. No. 147593, July 31, 2006,  497 SCRA 221, 227.

[56] See Pascua v. National Labor Relations Commission (Third Division), supra note 23 at 74.  In the instant case, P&G's act of taking an unconscionable and unscrupulous advantage of the utter powerlessness of the individual concerned petitioners to prevent the trampling of their rights to due process and security of tenure constitutes bad faith.

[57] Premier Development Bank v. Mantal, G.R. No. 167716, March 23, 2006, 485 SCRA 234, 242-243; Philippine Amusement and Gaming Corporation v. Angara, G.R. No. 142937, July 25, 2006, 496 SCRA 453, 457.



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June-2011 Jurisprudence                 

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  • [G.R. No. 186243, June 01 : 2011] HACIENDA PRIMERA DEVELOPMENT CORPORATION and ANNA KATRINA E. HERNANDEZ, Petitioners, vs. MICHAEL S. VILLEGAS, Respondent.

  • [G.R. No. 186243, June 01 : 2011] HACIENDA PRIMERA DEVELOPMENT CORPORATION and ANNA KATRINA E. HERNANDEZ, Petitioners, vs. MICHAEL S. VILLEGAS, Respondent.

  • [G.R. No. 185230, June 01 : 2011] JOSEPH C. CEREZO,PETITIONER, VS. PEOPLE OF THE PHILIPPINES, JULIET YANEZA, PABLO ABUNDA, JR., AND VICENTE AFULUGENCIA, RESPONDENTS.

  • [G.R. Nos. 170500 & 170510-11, June 01 : 2011] MARCELO G. GANADEN, OSCAR B. MINA, JOSE M. BAUTISTA AND ERNESTO H. NARCISO, JR., PETITIONERS, VS. THE HONORABLE COURT OF APPEALS, NATIONAL TRANSMISSION COMMISSION (TRANSCO), ALIPIO NOOL, FERMIN P. LANAG, SR., EUSEBIO B. COLLADO, JOSE S. TEJANO, NECIMIO A. ABUZO, ELISEO P. MARTINEZ AND PERFECTO LAZARO, RESPONDENTS.

  • [G.R. No. 188064, June 01 : 2011] MILA A. REYES , PETITIONER, VS. VICTORIA T. TUPARAN, RESPONDENT.

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  • [G.R. No. 179675, June 01 : 2011] SPOUSES JUANITO MAHUSAY AND FRANCISCA MAHUSAY,PETITIONERS, VS. B.E. SAN DIEGO, INC., RESPONDENT.

  • [G.R. No. 154704, June 01 : 2011] NELLIE VDA. DE FORMOSO AND HER CHILDREN, NAMELY, MA. THERESA FORMOSO-PESCADOR, ROGER FORMOSO, MARY JANE FORMOSO, BERNARD FORMOSO AND PRIMITIVO MALCABA, PETITIONERS, VS. PHILIPPINE NATIONAL BANK, FRANCISCO ARCE, ATTY. BENJAMIN BARBERO, AND ROBERTO NAVARRO, RESPONDENTS.

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  • [G.R. No. 191618, June 01 : 2011] ATTY. ROMULO B. MACALINTAL, PETITIONER, VS. PRESIDENTIAL ELECTORAL TRIBUNAL, RESPONDENT.

  • [G.R. No. 170251, June 01 : 2011] CELIA S. VDA. DE HERRERA, PETITIONER, VS. EMELITA BERNARDO, EVELYN BERNARDO AS GUARDIAN OF ERLYN, CRISLYN AND CRISANTO BERNARDO,* RESPONDENTS.

  • [G.R. No. 127851, June 02 : 2011] CORONA INTERNATIONAL, INC., PETITIONER, VS. THE COURT OF APPEALS AND THE PHILIPPINE COCONUT AUTHORITY, RESPONDENTS.

  • [G.R. Nos. 178701 and 178754, June 06 : 2011] ZAFIRO L. RESPICIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 185211, June 06 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ARNEL BENTACAN NAVARRETE, APPELLANT.

  • [G.R. No. 190107, June 06 : 2011] JAPRL DEVELOPMENT CORP., PETER RAFAEL C. LIMSON AND JOSE UY AROLLADO, PETITIONERS, VS. SECURITY BANK CORPORATION, RESPONDENT.

  • [G.R. No. 168382, June 06 : 2011] AIRLINE PILOTS ASSOCIATION OF THE PHILIPPINES, PETITIONER, VS. PHILIPPINE AIRLINES, INC., RESPONDENT.

  • [G.R. No. 190515, June 06 : 2011] CIRTEK EMPLOYEES LABOR UNION-FEDERATION OF FREE WORKERS PETITIONER, VS. CIRTEK ELECTRONICS, INC., RESPONDENT.

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  • [G.R. No. 165279, June 07 : 2011] DR. RUBI LI, PETITIONER, VS. SPOUSES REYNALDO AND LINA SOLIMAN, AS PARENTS/HEIRS OF DECEASED ANGELICA SOLIMAN, RESPONDENTS.

  • [A.M. No. 10-10-4-SC, June 07 : 2011] RE: LETTER OF THE UP LAW FACULTY ENTITLED RESTORING INTEGRITY: A STATEMENT BY THE FACULTY OF THE UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW ON THE ALLEGATIONS OF PLAGIARISM AND MISREPRESENTATION IN THE SUPREME COURT

  • [G.R. No. 190259, June 07 : 2011] DATU ZALDY UY AMPATUAN, ANSARUDDIN ADIONG, REGIE SAHALI-GENERALE PETITIONERS, VS. HON. RONALDO PUNO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT AND ALTER-EGO OF PRESIDENT GLORIA MACAPAGAL-ARROYO, AND ANYONE ACTING IN HIS STEAD AND ON BEHALF OF THE PRESIDENT OF THE PHILIPPINES, ARMED FORCES OF THE PHILIPPINES (AFP), OR ANY OF THEIR UNITS OPERATING IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM), AND PHILIPPINE NATIONAL POLICE, OR ANY OF THEIR UNITS OPERATING IN ARMM, RESPONDENTS.

  • [G.R. No. 177130, June 07 : 2011] HON. EDUARDO ERMITA IN HIS OFFICIAL CAPACITY AS THE EXECUTIVE SECRETARY, PETITIONER, VS. HON. JENNY LIND R. ALDECOA-DELORINO, PRESIDING JUDGE, BRANCH 137, REGIONAL TRIAL COURT, MAKATI CITY, ASSOCIATION OF PETROCHEMICAL MANUFACTURERS OF THE PHILIPPINES, REPRESENTING JG SUMMIT PETROCHEMICAL CORPORATION, ET AL., RESPONDENTS.

  • [A.M. No. P-10-2835 (Formerly A.M. OCA IPI No. 08-2901-P), June 08 : 2011] DEVELOPMENT BANK OF THE PHILIPPINES, REPRESENTED BY ATTY. BENILDA A. TEJADA, CHIEF LEGAL COUNSEL, COMPLAINANT, VS. CLERK OF COURT VII ATTY. JEOFFREY S. JOAQUINO, OFFICE OF THE CLERK OF COURT, AND SHERIFF IV CONSTANCIO V. ALIMURUNG, BRANCH 18, BOTH OF THE REGIONAL TRIAL COURT, CEBU CITY,RESPONDENTS.

  • [G.R. No. 192465, June 08 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ANGELITO ESQUIBEL Y JESUS, APPELLANT.

  • [G.R. No. 170575, June 08 : 2011] SPOUSES MANUEL AND FLORENTINA DEL ROSARIO, PETITIONERS, VS. GERRY ROXAS FOUNDATION, INC., RESPONDENT.

  • [G.R. No. 185717, June 08 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GARRY DE LA CRUZ Y DELA CRUZ, ACCUSED-APPELLANT.

  • [G.R. No. 179673, June 08 : 2011] NATIVIDAD STA. ANA VICTORIA, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 171972, June 08 : 2011] LUCIA RODRIGUEZ AND PRUDENCIA RODRIGUEZ, PETITIONERS, VS. TERESITA V. SALVADOR, RESPONDENT.

  • [G.R. No. 178409, June 08 : 2011] YOLITO FADRIQUELAN, ARTURO EGUNA, ARMANDO MALALUAN, DANILO ALONSO, ROMULO DIMAANO, ROEL MAYUGA, WILFREDO RIZALDO, ROMEO SUICO, DOMINGO ESCAMILLAS AND DOMINGO BAUTRO, PETITIONERS, VS. MONTEREY FOODS CORPORATION, RESPONDENT. [G.R. NO. 178434] MONTEREY FOODS CORPORATION, PETITIONER, VS. BUKLURAN NG MGA MANGGAGAWA SA MONTEREY-ILAW AT BUKLOD NG MANGGAGAWA, YOLITO FADRIQUELAN, CARLITO ABACAN, ARTURO EGUNA, DANILO ROLLE, ALBERTO CASTILLO, ARMANDO MALALUAN, DANILO ALFONSO, RUBEN ALVAREZ, ROMULO DIMAANO, ROEL MAYUGA, JUANITO TENORIO, WILFREDO RIZALDO, JOHN ASOTIGUE, NEMESIO AGTAY, ROMEO SUICO, DOMINGO ESCAMILLAS AND DOMINGO BAUTRO, RESPONDENTS.

  • [G.R. No. 170146, June 08 : 2011] HON. WALDO Q. FLORES, IN HIS CAPACITY AS SENIOR DEPUTY EXECUTIVE SECRETARY IN THE OFFICE OF THE PRESIDENT, HON. ARTHUR P. AUTEA, IN HIS CAPACITY AS DEPUTY EXECUTIVE SECRETARY IN THE OFFICE OF THE PRESIDENT, AND THE PRESIDENTIAL ANTI-GRAFT COMMISSION (PAGC), PETITIONERS, VS. ATTY. ANTONIO F. MONTEMAYOR, RESPONDENT.

  • [G.R. No. 175834, June 08 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROSAURO ASETRE Y DURAN, APPELLANT.

  • [G.R. No. 169913, June 08 : 2011] HEIRS OF DR. JOSE DELESTE, NAMELY: JOSEFA DELESTE, JOSE RAY DELESTE, RAUL HECTOR DELESTE, AND RUBEN ALEX DELESTE, PETITIONERS, VS. LAND BANK OF THE PHILIPPINES (LBP), AS REPRESENTED BY ITS MANAGER, LAND VALUATION OFFICE OF LBP COTABATO CITY; THE REGIONAL DIRECTOR - REGION 12 OF COTABATO CITY, THE SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM; THE REGIONAL DIRECTOR OF REGION X - CAGAYAN DE ORO CITY, REPRESENTED BY MCMILLAN LUCMAN, IN HIS CAPACITY AS PROVINCIAL AGRARIAN REFORM OFFICER (PARO) OF DAR LANAO DEL NORTE; LIZA BALBERONA, IN HER CAPACITY AS DAR MUNICIPAL AGRARIAN REFORM OFFICER (MARO); REYNALDO BAGUIO, IN HIS CAPACITY AS THE REGISTER OF DEEDS OF ILIGAN CITY AS NOMINAL PARTY; THE EMANCIPATION PATENT HOLDERS: FELIPE D. MANREAL, CUSTUDIO M. RICO, HEIRS OF DOMINGO V. RICO, HEIRS OF ABDON T. MANREAL, MACARIO M. VELORIA, ALICIA B. MANREAL, PABLO RICO, SALVACION MANREAL, HEIRS OF TRANQUILIANA MANREAL, HEIRS OF ANGELA VELORIA, HEIRS OF NECIFURO CABALUNA, HEIRS OF CLEMENTE RICO, HEIRS OF MANTILLANO OBISO, HEIRS OF HERCULANO BALORIO, AND TITO BALER, RESPONDENTS.

  • [G.R. No. 183849, June 11 : 2011] DOMINGO M. ULEP, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A.M. No. 10-11-5-SC, June 14 : 2011] RE: PETITION FOR RADIO AND TELEVISION COVERAGE OF THE MULTIPLE MURDER CASES AGAINST MAGUINDANAO GOVERNOR ZALDY AMPATUAN, ET AL., [A.M. No. 10-11-6-SC ] RE: PETITION FOR THE CONSTITUTION OF THE PRESENT COURT HANDLING THE TRIAL OF THE MASSACRE OF 57 PERSONS, INCLUDING 32 JOURNALISTS, IN AMPATUAN, MAGUINDANAO INTO A SPECIAL COURT HANDLING THIS CASE ALONE FOR THE PURPOSE OF ACHIEVING GENUINE SPEEDY TRIAL and FOR THE SETTING UP OF VIDEOCAM AND MONITOR JUST OUTSIDE THE COURT FOR JOURNALISTS TO COVER AND FOR THE PEOPLE TO WITNESS THE "TRIAL OF THE DECADE" TO MAKE IT TRULY PUBLIC AND IMPARTIAL AS COMMANDED BY THE CONSTITUTION, A.M. No. 10-11-7-SC RE: LETTER OF PRESIDENT BENIGNO S. AQUINO III FOR THE LIVE MEDIA COVERAGE OF THE MAGUINDANAO MASSACRE TRIAL.

  • [G.R. No. 189314, June 15 : 2011] MIGUEL DELA BARAIRO, PENA PETITIONER, VS. OFFICE OF THE PRESIDENT AND MST MARINE SERVICES (PHILS,), INC.

  • [A.M. No. RTJ-10-2246 (formerly A.M. OCA I.P.I. No. 09-3219-RTJ) : June 01, 2011] ATTY. RANDY P. BARENG, COMPLAINANT, VS. JUDGE ZENAIDA R. DAGUNA, REGIONAL TRIAL COURT, BRANCH 19, MANILA, RESPONDENT.

  • [A.M. No. P-10-2794 (formerly A.M. OCA I.P.I. No. 08-2937-P) : June 01, 2011] DANELLA G. SONIDO, COMPLAINANT, VS. JOSEFINA G. ILOCSO, CLERK III, REGIONAL TRIAL COURT, BRANCH 80, MORONG, RIZAL, RESPONDENT.

  • [A.M. No. SCC-11-16-P (formerly A.M. OCA I.P.I No. 10-33-SCC [P] : June 01, 2011] SULTAN PANDAGARANAO A. ILUPA, COMPLAINANT, VS. MACALINOG S. ABDULLAH, CLERK OF COURT II, SHARI’A CIRCUIT COURT, MARAWI CITY, RESPONDENT.

  • [A.M. No. P-11-2931 (formerly A.M. OCA IPI No. 08-2852-P) : June 01, 2011] JOHN A. MENDEZ, ANGELITO, CABALLERO AND IVY CABALLERO, COMPLAINANTS, VS. NERISSA A. BALBUENA, COURT INTERPRETER, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 7, CEBU CITY, RESPONDENT.

  • [G.R. No. 196919 : June 06, 2011] JOSE RAMILO O. REGALADO, PETITIONER, VS. CHAUCER B. REGALADO AND GERARD R. CUEVAS, RESPONDENTS.

  • [G.R. No. 155307 : June 06, 2011] M.A. JIMENEZ ENTERPRISES, INC., REPRESENTED BY CESAR CALIMLIM AND LAILA BALOIS, PETITIONER, VS. THE HONORABLE OMBUDSMAN, JESUS P. CAMMAYO, ARTURO SANTOS, MANUEL FACTORA, TEODORO BARROZO, MANUEL ROY, RONALD MANALILI AND JOHN ULASSUS, RESPONDENTS.

  • [G.R. No. 142676 : June 06, 2011] EMERITA MUÑOZ, PETITIONER, VS. ATTY. VICTORIANO R. YABUT, JR. AND SAMUEL GO CHAN, RESPONDENTS. [G.R. NO. 146718] EMERITA MUÑOZ, PETITIONER, VS. SPOUSES SAMUEL GO CHAN AND AIDA C. CHAN, AND THE BANK OF THE PHILIPPINE ISLANDS, RESPONDENTS.

  • [G.R. No. 164939 : June 06, 2011] SAMAHAN NG MGA MANGGAGAWA SA HYATT (SAMASAH-NUWHRAIN), PETITIONER, VS. HON. VOLUNTARY ARBITRATOR BUENAVENTURA C. MAGSALIN AND HOTEL ENTERPRISES OF THE PHILIPPINES, INC., RESPONDENTS. [G.R. NO. 172303] SAMAHAN NG MGA MANGGAGAWA SA HYATT (SAMASAH-NUWHRAIN), PETITIONER, VS. HOTEL ENTERPRISES OF THE PHILIPPINES, INC., RESPONDENT.

  • [G.R. No. 191266 : June 06, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DARIUS BAUTISTA Y ORSINO @ DADA, ACCUSED-APPELLANT.

  • [G.R. No. 164891 : June 06, 2011] VIRGINIA M. GUADINES, PETITIONER, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 168335 : June 06, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. NESTOR GALANG, RESPONDENT.

  • [G.R. No. 190710 : June 06, 2011] JESSE U. LUCAS, PETITIONER, VS. JESUS S. LUCAS, RESPONDENT.

  • [G.R. No. 188897 : June 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. IRENO BONAAGUA Y BERCE, APPELLANT.

  • [G.R. No. 165887 : June 06, 2011] MAJORITY STOCKHOLDERS OF RUBY INDUSTRIAL CORPORATION, PETITIONERS, VS. MIGUEL LIM, IN HIS PERSONAL CAPACITY AS STOCKHOLDER OF RUBY INDUSTRIAL CORPORATION AND REPRESENTING THE MINORITY STOCKHOLDERS OF RUBY INDUSTRIAL CORPORATION AND THE MANAGEMENT COMMITTEE OF RUBY INDUSTRIAL CORPORATION, RESPONDENTS. [G.R. NO. 165929 ] CHINA BANKING CORPORATION, PETITIONER, VS. MIGUEL LIM, IN HIS PERSONAL CAPACITY AS A STOCKHOLDER OF RUBY INDUSTRIAL CORPORATION AND REPRESENTING THE MINORITY STOCKHOLDERS OF RUBY INDUSTRIAL CORPORATION, RESPONDENTS.

  • [G.R. No. 182918 : June 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EFREN PATELAN LAMBERTE @ “KALBO” AND MARCELINO RUIZ NIMUAN @ “CELINE,” ACCUSED, MARCELINO RUIZ NIMUAN, APPELLANT.

  • [G.R. No. 175367 : June 06, 2011] DANILO A. AURELIO, PETITIONER, VS. VIDA MA. CORAZON P. AURELIO, RESPONDENT.

  • [G.R. No. 177131 : June 07, 2011] BOY SCOUTS OF THE PHILIPPINES, PETITIONER, VS. COMMISSION ON AUDIT, RESPONDENT.

  • [A.M. No. RTJ-07-2087 : June 07, 2011] (Formerly OCA I.P.I. No. 07-2621-RTJ) OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MA. ELLEN M. AGUILAR, REGIONAL TRIAL COURT, BRANCH 70, BURGOS, PANGASINAN, RESPONDENT.

  • [A.M. No. RTJ-07-2087 (Formerly OCA I.P.I. No. 07-2621-RTJ) : June 07, 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MA. ELLEN M. AGUILAR, REGIONAL TRIAL COURT, BRANCH 70, BURGOS, PANGASINAN, RESPONDENT.

  • [G.R. No. 182148 : June 08, 2011] SIME DARBY PILIPINAS, INC., PETITIONER, VS. GOODYEAR PHILIPPINES, INC. AND MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION, RESPONDENTS. [G.R. NO. 183210] GOODYEAR PHILIPPINES, INC., PETITIONER, VS. SIME DARBY PILIPINAS, INC. AND MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION, RESPONDENTS.

  • [G.R. No. 167391 : June 08, 2011] PHIL-VILLE DEVELOPMENT AND HOUSING CORPORATION, PETITIONER, VS. MAXIMO BONIFACIO, CEFERINO R. BONIFACIO, APOLONIO B. TAN, BENITA B. CAINA, CRISPINA B. PASCUAL, ROSALIA B. DE GRACIA, TERESITA S. DORONIA, CHRISTINA GOCO AND ARSENIO C. BONIFACIO, IN THEIR CAPACITY AS THE SURVIVING HEIRS OF THE LATE ELEUTERIA RIVERA VDA. DE BONIFACIO, RESPONDENTS.

  • [G.R. No. 178771 : June 08, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ALBERTO ANTICAMARA Y CABILLO AND FERNANDO CALAGUAS FERNANDEZ A.K.A. LANDO CALAGUAS, APPELLANTS.

  • [G.R. No. 177099 : June 08, 2011] EDUARDO G. AGTARAP, PETITIONER, VS. SEBASTIAN AGTARAP, JOSEPH AGTARAP, TERESA AGTARAP, WALTER DE SANTOS, AND ABELARDO DAGORO, RESPONDENTS. [G.R. NO. 177192] SEBASTIAN G. AGTARAP, PETITIONER, VS. EDUARDO G. AGTARAP, JOSEPH AGTARAP, TERESA AGTARAP, WALTER DE SANTOS, AND ABELARDO DAGORO, RESPONDENTS.

  • [G.R. No. 189206 : June 08, 2011] GOVERNMENT SERVICE INSURANCE SYSTEM, PETITIONER, VS. THE HONORABLE 15TH DIVISION OF THE COURT OF APPEALS AND INDUSTRIAL BANK OF KOREA, TONG YANG MERCHANT BANK, HANAREUM BANKING CORP., LAND BANK OF THE PHILIPPINES, WESTMONT BANK AND DOMSAT HOLDINGS, INC., RESPONDENTS.

  • [G.R. No. 186395 : June 08, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ITO PINIC, ACCUSED-APPELLANT.

  • [G.R. No. 167000 : June 08, 2011] GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), PETITIONER, VS. GROUP MANAGEMENT CORPORATION (GMC) AND LAPU-LAPU DEVELOPMENT & HOUSING CORPORATION (LLDHC), RESPONDENTS. [G.R. No. 169971] GROUP MANAGEMENT CORPORATION (GMC), PETITIONER, VS. LAPU-LAPU DEVELOPMENT & HOUSING CORPORATION (LLDHC) AND GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), RESPONDENTS.

  • [G.R. No. 182917 : June 08, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BENJAMIN PADILLA Y UNTALAN, ACCUSED-APPELLANT.

  • [A.M. No. P-06-2130 (formerly A.M. OCA I.P.I. NO. 04-1946-P) : June 13, 2011] SUSANA E. FLORES, COMPLAINANT, VS. ARIEL D. PASCASIO, SHERIFF III, MTCC, BRANCH 5, OLONGAPO CITY, RESPONDENT.

  • [A.M. No. P-09-2715 : June 13, 2011] (formerly A.M. OCA I.P.I. No. 02-1383-RTJ) Office of the Court Administrator, Complainant, Efren E. Tolosa, Sheriff IV, Regional Trial Court, Office of the Clerk of Court, Sorsogon City, Respondent.

  • [G. R. No. 165548 : June 13, 2011] PHILIPPINE REALTY AND HOLDINGS CORPORATION, PETITIONER, VS. LEY CONSTRUCTION AND DEVELOPMENT CORPORATION, RESPONDENT. [G. R. No. 167879] LEY CONSTRUCTION AND DEVELOPMENT CORPORATION, PETITIONER, VS. PHILIPPINE REALTY AND HOLDINGS CORPORATION, RESPONDENT.

  • [G. R. No. 191065 : June 13, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JONIE DOMINGUEZ, ACCUSED-APPELLANT.

  • [G.R. No. 164153 : June 13, 2011] JOHN ANTHONY B. ESPIRITU, FOR HIMSELF AND AS ATTORNEY-IN-FACT FOR WESTMONT INVESTMENT CORPORATION, STA. LUCIA REALTY AND DEVELOPMENT CORPORATION, GOLDEN ERA HOLDINGS, INC., AND EXCHANGE EQUITY CORPORATION, PETITIONERS, VS. MANUEL N. TANKIANSEE AND JUANITA U. TAN, RESPONDENTS.

  • [G.R. No. 187083 : June 13, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDUARDO DAHILIG Y AGARAN, ACCUSED-APPELLANT.

  • [G.R. No. 171628 : June 13, 2011] ARMANDO V. ALANO [DECEASED], SUBSTITUTED BY ELENA ALANO-TORRES,* PETITIONER, VS. PLANTER'S DEVELOPMENT BANK, AS SUCCESSOR-IN-INTEREST OF MAUNLAD SAVINGS AND LOAN ASSOCIATION, INC.,*** RESPONDENT.

  • [A.M. No. P-09-2715 (formerly A.M. OCA I.P.I. No. 02-1383-RTJ) : June 13, 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. EFREN E. TOLOSA, SHERIFF IV, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, SORSOGON CITY, RESPONDENT.

  • [G.R. No. 194836 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARNOLD CASTRO Y YANGA, ACCUSED-APPELLANT.

  • [G.R. No. 193840 : June 15, 2011] ALEXANDER S. GAISANO, PETITIONER, VS. BENJAMIN C. AKOL, RESPONDENT.

  • [G. R. No. 178110 : June 15, 2011] AYALA LAND, INC. AND CAPITOL CITIFARMS, INC., PETITIONERS, VS. SIMEONA CASTILLO, LORENZO PERLAS, JESSIELYN CASTILLO, LUIS MAESA, ROLANDO BATIQUIN, AND BUKLURAN MAGSASAKA NG TIBIG, AS REPRESENTED BY THEIR ATTORNEY-IN-FACT, SIMEONA CASTILLO, RESPONDENTS.

  • [G.R. No. 169985 : June 15, 2011] MODESTO LEOVERAS, PETITIONER, VS. CASIMERO VALDEZ, RESPONDENT.

  • [G.R. No. 194367 : June 15, 2011] MARK CLEMENTE Y MARTINEZ @ EMMANUEL DINO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 187047 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MANUEL CRUZ Y CRUZ, ACCUSED-APPELLANT.

  • [G.R. No. 150462 : June 15, 2011] TOP MANAGEMENT PROGRAMS CORPORATION, PETITIONER, VS. LUIS FAJARDO AND THE REGISTER OF DEEDS OF LAS PIÑAS CITY, RESPONDENTS.

  • [G.R. No. 177995 : June 15, 2011] HEIRS OF AGAPITO T. OLARTE AND ANGELA A. OLARTE, NAMELY NORMA OLARTE-DINEROS, ARMANDO A. OLARTE, YOLANDA OLARTE-MONTECER AND RENATO A. OLARTE, PETITIONERS, VS. OFFICE OF THE PRESIDENT OF THE PHILIPPINES, NATIONAL HOUSING AUTHORITY (NHA), MARIANO M. PINEDA, AS GENERAL MANAGER, THE MANAGER, DISTRICT I, NCR, EDUARDO TIMBANG AND DEMETRIO OCAMPO, RESPONDENTS.

  • [G.R. No. 189207 : June 15, 2011] ERIC U. YU, PETITIONER, VS. HONORABLE JUDGE AGNES REYES-CARPIO, IN HER OFFICIAL CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT OF PASIG-BRANCH 261; AND CAROLINE T. YU, RESPONDENTS.

  • [G.R. No. 187640 : June 15, 2011] PHILIPPINE NATIONAL BANK, PETITIONER, VS. THE SPS. ANGELITO PEREZ AND JOCELYN PEREZ, RESPONDENTS. [G.R. NO. 187687] SPS. ANGELITO PEREZ AND JOCELYN PEREZ, PETITIONERS, VS. PHILIPPINE NATIONAL BANK, RESPONDENT.

  • [G.R. No. 166838 : June 15, 2011] STA. LUCIA REALTY & DEVELOPMENT, INC., PETITIONER, VS. CITY OF PASIG, RESPONDENT, MUNICIPALITY OF CAINTA, PROVINCE OF RIZAL, INTERVENOR.

  • [G.R. No. 175021 : June 15, 2011] REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE CHIEF OF THE PHILIPPINE NATIONAL POLICE, PETITIONER, VS. THI THU THUY T. DE GUZMAN, RESPONDENT.

  • [G.R. No. 181126 : June 15, 2011] LEONARDO S. UMALE, [DECEASED] REPRESENTED BY CLARISSA VICTORIA, JOHN LEO, GEORGE LEONARD, KRISTINE, MARGUERITA ISABEL, AND MICHELLE ANGELIQUE, ALL SURNAMED UMALE, PETITIONERS, VS. ASB REALTY CORPORATION, RESPONDENT.

  • [G.R. No. 189325 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. TEOFILO RAGODON MARCELINO, JR. ALIAS "TERENCE" AND ALIAS TEOFILO MARCELINO Y RAGODON, ACCUSED-APPELLANT.

  • [G.R. No. 187326 : June 15, 2011] PHILIPPINE ARMY, 5th INFANTRY DIVISION, THROUGH GEN. ALEXANDER YAPSING, LT. COL. NICANOR PENULIAR, AND LT. COL. FERNANDO PASION, PETITIONERS, VS. SPOUSES MAJOR CONSTANCIO PAMITTAN (RET.) AND LEONOR PAMITTAN, SPOUSES ALBERTO TALINIO AND MARIA CHONA P. TALINIO, SPOUSES T/SGT. MELCHOR BACULI AND LAARNI BACULI, SPOUSES S/SGT. JUAN PALASIGUE AND MARILOU PALASIGUE, SPOUSES GRANT PAJARILLO AND FRANCES PAJARILLO, SPOUSES M/SGT. EDGAR ANOG AND ZORAIDA ANOG, AND SPOUSES 2LT. MELITO PAPA AND PINKY PAPA, FOR THEMSELVES AND FOR OTHER OCCUPANTS OF SITIO SAN CARLOS, UPI, GAMU, ISABELA, BY WAY OF CLASS SUIT, RESPONDENTS.

  • [G.R. No. 171742 : June 15, 2011] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. MIRANT (PHILIPPINES) OPERATIONS, CORPORATION, RESPONDENT. [G.R. No. 176165] MIRANT (PHILIPPINES) OPERATIONS CORPORATION (FORMERLY: SOUTHERN ENERGY ASIA-PACIFIC OPERATIONS (PHILS.), INC.), PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 184925 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSEPH MOSTRALES Y ABAD, ACCUSED-APPELLANT.

  • [A.M. No. P-10-2829 : June 21, 2011] JUDGE EDILBERTO G. ABSIN, COMPLAINANT, VS. EDGARDO A. MONTALLA, STENOGRAPHER, REGIONAL TRIAL COURT, BRANCH 29, SAN MIGUEL, ZAMBOANGA PROMULGATED: DEL SUR, RESPONDENT.

  • [A.C. No. 6683 : June 21, 2011] RE: RESOLUTION OF THE COURT DATED 1 JUNE 2004 IN G.R. NO. 72954 AGAINST, ATTY. VICTOR C. AVECILLA, RESPONDENT.

  • [G.R. No. 149433 : June 22, 2011] THE COCA-COLA EXPORT CORPORATION, PETITIONER, VS.CLARITA P. GACAYAN, RESPONDENT.

  • [G.R. No. 192649 : June 22, 2011] HOME GUARANTY CORPORATION, PETITIONER, VS. R-II BUILDERS INC. AND NATIONAL HOUSING AUTHORITY, RESPONDENTS.

  • [G.R. No. 183122 : June 22, 2011] GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), PETITIONER, VS. GENERAL MILLING CORPORATION, RESPONDENT. [G.R. NO. 183889] GENERAL MILLING CORPORATION, PETITIONER, VS. GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), ET. AL, RESPONDENTS.

  • [G.R. No. 183122 : June 22, 2011] GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), PETITIONER, VS. GENERAL MILLING CORPORATION, RESPONDENT. [G.R. NO. 183889] GENERAL MILLING CORPORATION, PETITIONER, VS. GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), ET. AL, RESPONDENTS.

  • [G.R. No. 182980 : June 22, 2011] BIENVENIDO CASTILLO, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 182819 : June 22, 2011] MAXIMINA A. BULAWAN, PETITIONER, VS. EMERSON B. AQUENDE, RESPONDENT.

  • [G.R. No. 182645 : June 22, 2011] IN THE MATTER OF THE HEIRSHIP (INTESTATE ESTATES) OF THE LATE HERMOGENES RODRIGUEZ, ANTONIO RODRIGUEZ, MACARIO J. RODRIGUEZ, DELFIN RODRIGUEZ, AND CONSUELO M. RODRIGUEZ AND SETTLEMENT OF THEIR ESTATES, RENE B. PASCUAL, PETITIONER, VS. JAIME M. ROBLES, RESPONDENT.

  • [G.R. No. 182236 : June 22, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CHITO GRATIL Y GUELAS, ACCUSED-APPELLANT.

  • [G.R. No. 186523 : June 22, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. URBAN SALCEDO ABDURAHMAN ISMAEL DIOLAGRA, ABDULAJID NGAYA, HABER ASARI, ABSMAR ALUK, BASHIER ABDUL, TOTING HANO, JR., JAID AWALAL, ANNIK/RENE ABBAS, MUBIN IBBAH, MAGARNI HAPILON IBLONG, LIDJALON SAKANDAL, IMRAM HAKIMIN SULAIMAN, NADSMER ISNANI SULAIMAN, NADSMER ISNANI MANDANGAN KAMAR JAAFAR, SONNY ASALI AND BASHIER ORDOÑEZ, ACCUSED-APPELLANTS, KHADAFFY JANJALANI, ALDAM TILAO ALIAS "ABU SABAYA," ET AL., AND MANY OTHER JOHN DOES, PETER DOES AND RICHARD DOES, ACCUSED.

  • [G.R. No. 183676 : June 22, 2011] RUEL AMPATUAN "ALIAS RUEL," PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 170646 : June 22, 2011] MA. LIGAYA B. SANTOS, PETITIONER, VS. LITTON MILLS INCORPORATED AND/OR ATTY. RODOLFO MARIÑO, RESPONDENTS.

  • [G.R. No. 170292 : June 22, 2011] HOME DEVELOPMENT MUTUAL FUND (HDMF), PETITIONER, VS. SPOUSES FIDEL AND FLORINDA R. SEE AND SHERIFF MANUEL L. ARIMADO, RESPONDENTS.

  • [A.M. No. RTJ-07-2044 (FORMERLY OCA I.P.I. NO. 07-2553-RTJ) : June 22, 2011] ATTY. FACUNDO T. BAUTISTA, COMPLAINANT, VS. JUDGE BLAS O. CAUSAPIN, JR., PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 32, GUIMBA, NUEVA ECIJA, RESPONDENT.

  • [G.R. No. 193023 : June 22, 2011] NATIONAL POWER CORPORATION, PETITIONER, VS. YUNITA TUAZON, ROSAURO TUAZON AND MARIA TERESA TUAZON, RESPONDENTS.

  • [G.R. No. 170416 : June 22, 2011] UNIVERSITY PLANS INCORPORATED, PETITIONER, VS. BELINDA P. SOLANO, TERRY A. LAMUG, GLENDA S. BELGA, MELBA S. ALVAREZ, WELMA R. NAMATA, MARIETTA D. BACHO AND MANOLO L. CENIDO, RESPONDENTS.

  • [G.R. No. 176740 : June 22, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. CARLO DUMADAG Y ROMIO, APPELLANT.

  • [A.M. No. MTJ-11-1786 [Formerly OCA IPI No. 10-2262-MTJ] : June 22, 2011] FELICISIMA R. DIAZ, COMPLAINANT, VS. JUDGE GERARDO E. GESTOPA, JR., MUNICIPAL TRIAL COURT, NAGA, CEBU, RESPONDENT.

  • [G.R. No. 170658 : June 22, 2011] ANICETO CALUBAQUIB, WILMA CALUBAQUIB, EDWIN CALUBAQUIB, ALBERTO CALUBAQUIB, AND ELEUTERIO FAUSTINO CALUBAQUIB, PETITIONERS, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 174158 : June 27, 2011] WILLIAM ENDELISEO BARROGA, PETITIONER, VS. DATA CENTER COLLEGE OF THE PHILIPPINES AND WILFRED BACTAD,[1] RESPONDENTS.

  • [G.R. No. 176951 : June 28, 2011] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF BAYBAY, PROVINCE OF LEYTE; MUNICIPALITY OF BOGO, PROVINCE OF CEBU; MUNICIPALITY OF CATBALOGAN, PROVINCE OF WESTERN SAMAR; MUNICIPALITY OF TANDAG, PROVINCE OF SURIGAO DEL SUR; MUNICIPALITY OF BORONGAN, PROVINCE OF EASTERN SAMAR; AND MUNICIPALITY OF TAYABAS, PROVINCE OF QUEZON, RESPONDENTS. [G.R. No. 177499] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF LAMITAN, PROVINCE OF BASILAN; MUNICIPALITY OF TABUK, PROVINCE OF KALINGA; MUNICIPALITY OF BAYUGAN, PROVINCE OF AGUSAN DEL SUR; MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS NORTE; MUNICIPALITY OF MATI, PROVINCE OF DAVAO ORIENTAL; AND MUNICIPALITY OF GUIHULNGAN, PROVINCE OF NEGROS ORIENTAL, RESPONDENTS. [G.R. No. 178056] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF CABADBARAN, PROVINCE OF AGUSAN DEL NORTE; MUNICIPALITY OF CARCAR, PROVINCE OF CEBU; MUNICIPALITY OF EL SALVADOR, PROVINCE OF MISAMIS ORIENTAL; MUNICIPALITY OF NAGA, CEBU; AND DEPARTMENT OF BUDGET AND MANAGEMENT, RESPONDENTS.

  • [G.R. No. 176579 : June 28, 2011] WILSON P. GAMBOA, PETITIONER, VS. FINANCE SECRETARY MARGARITO B. TEVES, FINANCE UNDERSECRETARY JOHN P. SEVILLA, AND COMMISSIONER RICARDO ABCEDE OF THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG) IN THEIR CAPACITIES AS CHAIR AND MEMBERS, RESPECTIVELY, OF THE PRIVATIZATION COUNCIL, CHAIRMAN ANTHONI SALIM OF FIRST PACIFIC CO., LTD. IN HIS CAPACITY AS DIRECTOR OF METRO PACIFIC ASSET HOLDINGS INC., CHAIRMAN MANUEL V. PANGILINAN OF PHILIPPINE LONG DISTANCE TELEPHONE COMPANY (PLDT) IN HIS CAPACITY AS MANAGING DIRECTOR OF FIRST PACIFIC CO., LTD., PRESIDENT NAPOLEON L. NAZARENO OF PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, CHAIR FE BARIN OF THE SECURITIES EXCHANGE COMMISSION, AND PRESIDENT FRANCIS LIM OF THE PHILIPPINE STOCK EXCHANGE, RESPONDENTS. PABLITO V. SANIDAD AND ARNO V. SANIDAD, PETITIONERS-IN-INTERVENTION.

  • [G.R. No. 192591 : June 29, 2011] EFREN L. ALVAREZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 172227 : June 29, 2011] SPOUSES WILFREDO PALADA AND BRIGIDA PALADA,* PETITIONERS, VS. SOLIDBANK CORPORATION AND SHERIFF MAYO DELA CRUZ, RESPONDENTS.

  • [G.R. No. 181398 : June 29, 2011] FEB LEASING AND FINANCE CORPORATION (NOW BPI LEASING CORPORATION), PETITIONER, VS. SPOUSES SERGIO P. BAYLON AND MARITESS VILLENA-BAYLON, BG HAULER, INC., AND MANUEL Y. ESTILLOSO, RESPONDENTS.

  • [G.R. No. 188365 : June 29, 2011] BPI FAMILY SAVINGS BANK, INC., PETITIONER, VS. PRYCE GASES, INC., INTERNATIONAL FINANCE CORPORATION, AND NEDERLANDSE FINANCIERINGS-MAATSCHAPPIJ VOOR ONTWIKKELINGSLANDEN N.V., RESPONDENTS.

  • [G.R. No. 148483 : June 29, 2011] BANGKO SENTRAL NG PILIPINAS, PETITIONER, VS. ORIENT COMMERCIAL BANKING CORPORATION, JOSE C. GO, GEORGE C. GO, VICENTE C. GO, GOTESCO PROPERTIES, INC., GO TONG ELECTRICAL SUPPLY INC., EVER EMPORIUM, INC., EVER GOTESCO RESOURCES AND HOLDINGS INC., GOTESCO TYAN MING DEVELOPMENT INC., EVERCREST CEBU GOLF CLUB AND RESORTS, INC., NASUGBU RESORTS INC., GMCC UNITED DEVELOPMENT CORP., GULOD RESORT, INC., OK STAR, EVER PLAZA, INC. AND EVER ELECTRICAL MFG., INC., RESPONDENTS.

  • [G.R. No. 183564 : June 29, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. LUCRESIO ESPINA, APPELLANT.