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Philippine Supreme Court Jurisprudence > Year 2013 > July 2013 Decisions > G.R. No. 172846, July 24, 2013 - MANILA POLO CLUB EMPLOYEES’ UNION (MPCEU) FUR-TUCP, Petitioner, v. MANILA POLO CLUB, INC., Respondent.:




G.R. No. 172846, July 24, 2013 - MANILA POLO CLUB EMPLOYEES’ UNION (MPCEU) FUR-TUCP, Petitioner, v. MANILA POLO CLUB, INC., Respondent.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 172846, July 24, 2013

MANILA POLO CLUB EMPLOYEES’ UNION (MPCEU) FUR-TUCP, Petitioner, v. MANILA POLO CLUB, INC., Respondent.

D E C I S I O N

PERALTA, J.:

 

Challenged in this Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure are the February 2, 2006 Decision1 and May 29, 2006 Resolution2 of the Court of Appeals (CA) in CA-G.R. SP No. 73127 affirming in toto the August 28, 2002 Decision3 and September 13, 2002 Resolution4 of Voluntary Arbitrator Jesus B. Diamonon (VA Diamonon), which dismissed the complaint for illegal retrenchment filed by petitioner.

The facts are uncomplicated.

Petitioner Manila Polo Club Employees Union (MPCEU), which is affiliated with the Federation of Unions of Rizal (FUR)-TUCP, is a legitimate labor organization duly registered with the Department of Labor and Employment (DOLE), while respondent Manila Polo Club, Inc. is a non-profit and proprietary membership organization which provides recreation and sports facilities to its proprietary members, their dependents, and guests.

On December 13, 2001, the Board of Directors of respondent unanimously resolved to completely terminate the entire operations of its Food and Beverage (F & B) outlets, except the Last Chukker, and award its operations to a qualified restaurant operator or caterer.5 Cited as reasons were as follows:cralavvonlinelawlibrary

WHEREAS, the Food and Beverage (F & B) operations has resulted in yearly losses to the Club in six (6) out of the last eight (8) years with FY 2001 suffering the largest loss at P10,647,981 and that this loss is due mainly to the exceedingly high manpower cost and other management inefficiencies;chanroblesvirtualawlibrary

WHEREAS, due to the substantial losses incurred by the Club in both F&B operations and in its recurring operations, the Board and management had instituted cost and loss-cutting measures;chanroblesvirtualawlibrary

WHEREAS, the Board recognized the non-viability of the operations of the Food and Beverage Department and that its continued operations by the Club will result in substantial losses that will seriously impair the Club’s financial health and membership satisfaction;chanroblesvirtualawlibrary

WHEREAS, the Board recognized the urgent need to act and act decisively and eliminate factors contributing to substantial losses in the operations of the Club, more particularly the food and beverage operations. Thus, F & B operations are to cease wholly and totally, subject to observance and requirements of the law and other rules. x x x6

Subsequently, on March 22, 2002, respondent’s Board7 approved the implementation of the retrenchment program of employees who are directly and indirectly involved with the operations of the F & B outlets and authorized then General Manager Philippe D. Bartholomi to pay the employees’ separation pay in accordance with the following scheme:cralavvonlinelawlibrary

Length of Service (# Years)
Separation Pay (Php)
2 years of service and below
1 month pay
More than 2 years to 9 years of service
½ month pay for every year of service
At least 10 years of service
1 month pay for every year of service
At least 15 years of service 
1.25 month(s) pay for every year of service
At least 20 years of service
1.5 month(s) pay for every year of service8

On even date, respondent sent notices to the petitioner and the affected employees (via registered mail) as well as submitted an Establishment Termination Report to the DOLE.9 Respondent informed, among others, of the retrenchment of 123 employees10 in the F & B Division and those whose functions are related to its operations; the discontinuance of the F & B operations effective March 25, 2002; the termination of the employment relationship on April 30, 2002; and, the continued payment of the employees’ salaries despite the directive not to report to work effective immediately.

Unaware yet of the termination notice sent to them by respondent, the affected employees of petitioner were surprised when they were prevented from entering the Club premises as they reported for work on March 25, 2002. They later learned that the F & B operations of respondent had been awarded to Makati Skyline, Inc. effective that day. Treating the incident as respondent’s way of terminating union members under the pretense of retrenchment to prevent losses, petitioner filed a Step II grievance and requested for an immediate meeting with the Management.11 When the Management refused, petitioner filed a Notice of Strike before the National Conciliation and Mediation Board (NCMB) for illegal dismissal, violation/non-implementation of the Collective Bargaining Agreement (CBA), union busting, and other unfair labor practices (ULP).12 In view of the position of respondent not to refer the issues to a voluntary arbitrator or to the Secretary of DOLE, petitioner withdrew the notice on April 9, 2002 and resolved to exhaust all remedies at the enterprise level.13

Later, on May 10, 2002, petitioner again filed a Notice of Strike, based on the same grounds, when it sensed the brewing tension brought about by the CBA negotiation that was in the meantime taking place.14 A month after, however, the parties agreed, among others, to maintain the existing provisions of the CBA (except those pertaining to wage increases and signing bonus) and to refer to the Voluntary Arbitrator the issue of retrenchment of 117 union members, with the qualification that “[t]he retrenched employees subject of the VA will receive separation package without executing quitclaim and release, and without prejudice to the decision of the voluntary arbitrator.”15

On June 17, 2002, the parties agreed to submit before VA Diamonon the lone issue of whether the retrenchment of the 117 union members is legal.16 Finding the pleadings submitted and the evidence adduced by the parties sufficient to arrive at a judicious determination of the issue raised, VA Diamonon resolved the case without the need of further hearings.

On August 28, 2002, VA Diamonon dismissed petitioner’s complaint for lack of merit, but without prejudice to the payment of separation pay to the affected employees. In supporting his factual findings, the cases of Catatista v. NLRC,17Dangan v. NLRC (2nd Div.), et al.,18Phil. Tobacco Flue-Curing & Redrying Corp. v. NLRC,19Special Events & Central Shipping Office Workers Union v. San Miguel Corp,20 and San Miguel Corporation v. Ubaldo21 were relied upon. Petitioner’s motion for reconsideration was likewise denied.

Upon an exhaustive examination of the evidence presented by the parties, the CA affirmed in toto the VA’s Decision and denied the substantive aspects of petitioner’s motion for reconsideration; hence, this petition.

We deny.

It is apparent from the records that this case involves a closure of business undertaking, not retrenchment. The legal requirements and consequences of these two authorized causes in the termination of employment are discernible. We distinguished, in Alabang Country Club Inc. v. NLRC:22

x x x While retrenchment and closure of a business establishment or undertaking are often used interchangeably and are interrelated, they are actually two separate and independent authorized causes for termination of employment.

Retrenchment is the reduction of personnel for the purpose of cutting down on costs of operations in terms of salaries and wages resorted to by an employer because of losses in operation of a business occasioned by lack of work and considerable reduction in the volume of business.

Closure of a business or undertaking due to business losses is the reversal of fortune of the employer whereby there is a complete cessation of business operations to prevent further financial drain upon an employer who cannot pay anymore his employees since business has already stopped.

One of the prerogatives of management is the decision to close the entire establishment or to close or abolish a department or section thereof for economic reasons, such as to minimize expenses and reduce capitalization.

While the Labor Code provides for the payment of separation package in case of retrenchment to prevent losses, it does not obligate the employer for the payment thereof if there is closure of business due to serious losses.23

Likewise, the case of Eastridge Golf Club, Inc. v. Eastridge Golf Club, Inc., Labor-Union, Super24 stressed the differences:cralavvonlinelawlibrary

Retrenchment or lay-off is the termination of employment initiated by the employer, through no fault of the employees and without prejudice to the latter, during periods of business recession, industrial depression, or seasonal fluctuations, or during lulls occasioned by lack of orders, shortage of materials, conversion of the plant for a new production program or the introduction of new methods or more efficient machinery, or of automation. It is an exercise of management prerogative which the Court upholds if compliant with certain substantive and procedural requirements, namely:cralavvonlinelawlibrary
  1. That retrenchment is necessary to prevent losses and it is proven, by sufficient and convincing evidence such as the employer's financial statements audited by an independent and credible external auditor, that such losses are substantial and not merely flimsy and actual or reasonably imminent; and that retrenchment is the only effective measure to prevent such imminent losses;chanroblesvirtualawlibrary
  2. That written notice is served on to the employees and the DOLE at least one (1) month prior to the intended date of retrenchment; and
  3. That the retrenched employees receive separation pay equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher.
The employer must prove compliance with all the foregoing requirements. Failure to prove the first requirement will render the retrenchment illegal and make the employer liable for the reinstatement of its employees and payment of full backwages. However, were the retrenchment undertaken by the employer is bona fide, the same will not be invalidated by the latter's failure to serve prior notice on the employees and the DOLE; the employer will only be liable in nominal damages, the reasonable rate of which the Court En Banc has set at P50,000.00 for each employee.

Closure or cessation of business is the complete or partial cessation of the operations and/or shut-down of the establishment of the employer. It is carried out to either stave off the financial ruin or promote the business interest of the employer.

Unlike retrenchment, closure or cessation of business, as an authorized cause of termination of employment, need not depend for validity on evidence of actual or imminent reversal of the employer's fortune. Article 283 authorizes termination of employment due to business closure, regardless of the underlying reasons and motivations therefor, be it financial losses or not.25

To be precise, closure or cessation of an employer’s business operations, whether in whole or in part, is governed by Article 283 of the Labor Code, as amended. It states:cralavvonlinelawlibrary

Article 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. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.26

In Industrial Timber Corporation v. Ababon,27 the Court explained the above-quoted provision in this wise:cralavvonlinelawlibrary

A reading of the foregoing law shows that a partial or total closure or cessation of operations of establishment or undertaking may either be due to serious business losses or financial reverses or otherwise. Under the first kind, the employer must sufficiently and convincingly prove its allegation of substantial losses, while under the second kind, the employer can lawfully close shop anytime as long as cessation of or withdrawal from business operations was bona fide in character and not impelled by a motive to defeat or circumvent the tenurial rights of employees, and as long as he pays his employees their termination pay in the amount corresponding to their length of service. Just as no law forces anyone to go into business, no law can compel anybody to continue the same. It would be stretching the intent and spirit of the law if a court interferes with management's prerogative to close or cease its business operations just because the business is not suffering from any loss or because of the desire to provide the workers continued employment.

In sum, under Article 283 of the Labor Code, three requirements are necessary for a valid cessation of business operations: (a) service of a written notice to the employees and to the DOLE at least one month before the intended date thereof; (b) the cessation of business must be bona fide in character; and (c) payment to the employees of termination pay amounting to one month pay or at least one-half month pay for every year of service, whichever is higher.28

Our pronouncements in Alabang Country Club Inc. and Eastridge Golf Club, Inc. are significant in the resolution of the instant case; thus, their discussion is apposite.

Alabang Country Club Inc. (ACCI) is a stock and non-profit corporation that operates and maintains a country club and various sports and recreational facilities for the exclusive use of its members. Realizing that it was no longer profitable for ACCI to maintain its own F & B Department, the Management decided to cease the operation of said department and to open the same to a contractor such as a concessionaire. On December 1, 1994, ACCI entered into an agreement with La Tasca Restaurant Inc. for the operation of the F & B Department. Also, on even date, ACCI sent to its employees in the F & B Department individual letters informing them that their services would be terminated effective January 1, 1995; that they would be paid separation pay equivalent to 125% percent of their monthly salary for every year of service; that La Tasca agreed to absorb all affected employees immediately with the status of regular employees without need of undergoing a probationary period; and, that all affected employees would receive the same salary they were receiving from ACCI at the time of their termination. On December 11, 1994, the Union filed before the NLRC a complaint for illegal dismissal, ULP, regularization, and damages with prayer for the issuance of a writ of preliminary injunction. While the Labor Arbiter (LA) dismissed the complaint and the National Labor Relations Commission (NLRC) dismissed the appeal, the CA found in favor of the complainants. It ruled that ACCI failed to prove by sufficient and competent evidence that its alleged losses were substantial, continuing and without any immediate prospect of abating. This Court, however, granted ACCI’s petition on the view that the case did not involve retrenchment but closure of a business undertaking. Despite ACCI’s failure to prove that the closure of its F & B Department was due to substantial losses, We still opined that the complainants were legally dismissed on the ground of closure or cessation of an undertaking not due to serious business losses or financial reverses, which is allowed under Article 283 of the Labor Code, as amended. It was held:cralavvonlinelawlibrary

The closure of operation of an establishment or undertaking not due to serious business losses or financial reverses includes both the complete cessation of operations and the cessation of only part of a company's activities.

For any bona fide reason, an employer can lawfully close shop anytime. Just as no law forces anyone to go into business, no law can compel anybody to continue the same. It would be stretching the intent and spirit of the law if a court interferes with management's prerogative to close or cease its business operations just because the business is not suffering from any loss or because of the desire to provide the workers continued employment.

While petitioner did not sufficiently establish substantial losses to justify closure of its F & B Department on this ground, there is basis for its claim that the continued maintenance of said department had become more expensive through the years. An evaluation of the financial figures appearing in the audited financial statements prepared by the SGV & Co. shows that ninety-one to ninety-six (91%-96%) percent of the actual revenues earned by the F & B Department comprised the costs and expenses in maintaining the department. Petitioner's decision to place its F & B operations under a concessionaire must then be respected, absent a showing of bad faith on its part.

In fine, management's exercise of its prerogative to close a section, branch, department, plant or shop will be upheld as long as it is done in good faith to advance the employer's interest and not for the purpose of defeating or circumventing the rights of employees under the law or a valid agreement.29

On the other hand, in Eastridge Golf Club, Inc., complainants were kitchen staff of the Golf Club’s F & B Department. They were terminated from employment on the ground that the operations of the F & B Department had been turned over to a concessionaire as a result of alleged company reorganization/downsizing. Claiming that their dismissal was not based on any of the causes allowed by law and that it was made without due process, the employees filed with the NLRC a complaint for illegal dismissal, ULP, and payment of 13th month pay. To controvert the Golf Club's claim that the partial cessation of operations was bona fide, complainants presented documentary evidence that there was no real transfer of operations and that the Golf Club remained to be the real employer of all the F & B staff. Their documentary evidence consisted of payslips, monthly payroll register, Philippine Health Insurance Corporation Contribution Payment Return, Employer Quarterly Remittance Report, and the Social Security System Contribution Payment Return. Both the CA and the LA found that the cessation of the Golf Club's F & B operations was a mere subterfuge, because the latter continued to act as the real employer by paying for the salaries and insurance contributions of the employees of the F & B Department even after the concessionaire took over its operations. The NLRC saw otherwise, opining that the evidence did not establish that the cessation of petitioner's F & B operations was in bad faith. When the matter was elevated to this Court, We agreed with the Golf Club that the CA erred when it declared that, for lack of evidence of financial losses, the cessation of its F & B operations was not a valid cause to terminate the employment of complainants. The Court held that the Golf Club need not present evidence of financial losses to justify such business decision, since the cause invoked in the termination of complainants’ employment was the cessation of its F & B operations. Nonetheless, it was ruled that the CA correctly held that the cessation of petitioner's F & B operations and the transfer to the concessionaire were merely simulated, and that the employees’ dismissal by reason thereof was illegal. We cited similar cases, thus:cralavvonlinelawlibrary

In Me-Shurn Corporation v. Me-Shurn Workers Union-FSM, the corporation shut down its operations allegedly due to financial losses and paid its workers separation benefits. Yet, barely one month after the shutdown, the corporation resumed operations. In light of such evidence of resumption of operations, the Court held that the earlier shutdown of the corporation was in bad faith.

With a similar outcome was the closure of the brokerage department of the corporation in Danzas Intercontinental, Inc. v. Daguman. In view of evidence consisting of a mere letter written by the corporation to its clientele that its brokerage department was still operating but with a new staff, the Court declared the earlier closure of the corporation's brokerage department not bona fide and ordered the reinstatement of its former staff, despite the latter having signed quitclaims and release forms acknowledging payment of separation benefits.

The closure of a high school department in St. John Colleges, Inc. v. St. John Academy Faculty and Employees Union was likewise annulled upon evidence that barely one year after the announced closure, the school reopened its high school department. The Court found the closure of the high school in bad faith notwithstanding payment to the affected teachers of separation benefits.

In Capitol Medical Center, Inc. v. Meris, the hospital justified the closure of a unit and the dismissal of its head doctor by claiming that there was a dwindling demand for the unit's services. However, upon examination of the records, the Court found that service demand had in fact been rising, thus negating the very reason proffered by the hospital in closing down the unit. On that score, the Court declared the action of the hospital in bad faith.30

Based on the above and cases31 of similar import, We summarize:cralavvonlinelawlibrary
  1. Closure or cessation of operations of establishment or undertaking may either be partial or total.
  2. Closure or cessation of operations of establishment or undertaking may or may not be due to serious business losses or financial reverses. However, in both instances, proof must be shown that: (1) it was done in good faith to advance the employer's interest and not for the purpose of defeating or circumventing the rights of employees under the law or a valid agreement; and (2) a written notice on the affected employees and the DOLE is served at least one month before the intended date of termination of employment.
  3. The employer can lawfully close shop even if not due to serious business losses or financial reverses but separation pay, which is equivalent to at least one month pay as provided for by Article 283 of the Labor Code, as amended, must be given to all the affected employees.
  4. If the closure or cessation of operations of establishment or undertaking is due to serious business losses or financial reverses, the employer must prove such allegation in order to avoid the payment of separation pay.  Otherwise, the affected employees are entitled to separation pay.
  5. The burden of proving compliance with all the above-stated falls upon the employer.

Guided by the foregoing, the Court shall refuse to dwell on the issue of whether respondent was in sound financial condition when it resolved to stop the operations of its F & B Department. As stated, an employer can lawfully close shop anytime even if not due to serious business losses or financial reverses. Furthermore, the issue would entail an inquiry into the factual veracity of the evidence presented by the parties, the determination of which is not Our statutory function. Indeed, petitioner is asking Us to sift through the evidence on record and pass upon whether respondent had, in truth and in fact, suffered from serious business losses or financial reverses. That task, however, would be contrary to the well-settled principle that this Court is not a trier of facts, and cannot re-examine and re-evaluate the probative value of the evidence presented to the VA and the CA, which formed the basis of the questioned decision.

Respondent correctly asserted in its Memorandum that the instant case is similar to Alabang Country Club Inc. When it decided to cease operating its F & B Department and open the same to a concessionaire, respondent did not reduce the number of personnel assigned thereat; instead, it terminated the employment of all personnel assigned at the department and those who are directly and indirectly involved in its operations. The closure of the F & B Department was due to legitimate business considerations, a resolution which the Court has no business interfering with.  We have already resolved that the characterization of the employee's service as no longer necessary or sustainable, and therefore, properly terminable, is an exercise of business judgment on the part of the employer; the determination of the continuing necessity of a particular officer or position in a business corporation is a management prerogative, and the courts will not interfere with the exercise of such so long as no abuse of discretion or arbitrary or malicious action on the part of the employer is shown.32 As recognized by both the VA and the CA, evident proofs of respondent’s good faith to arrest the losses which the F & B Department had been incurring since 1994 are: engagement of an independent consulting firm to conduct manpower audit/organizational development; institution of cost-saving programs, termination of the services of probationary employees, substantial reduction of a number of agency staff and personnel, and the retrenchment of eight (8) managers. After the effective date of the termination of employment relation, respondent even went on to aid the displaced employees in finding gainful employment by soliciting the assistance of respondent’s members, Makati Skyline, Human Resource Managers of some companies, and the Association of Human Resource Managers.33 These were not refuted by petitioner. Only that, it perceives them as inadequate and insists that the operational losses are very well covered by the other income of respondent and that less drastic measures could have been resorted to, like increasing the membership dues and the prices of food and beverage. Yet the wisdom or soundness of the Management decision is not subject to discretionary review of the Court for, even the VA admitted, it enjoys a pre-eminent role and is presumed to possess all relevant and necessary information to guide its business decisions and actions.

Further, unlike in the case of Eastridge Golf Club, Inc., there is nothing on record to indicate that the closure of respondent’s F & B Department was made in bad faith. It was not motivated by any specific and clearly determinable union activity of the employees; rather, it was truly dictated by economic necessity. Despite petitioner’s allegations, no convincing and credible proofs were presented to establish the claim that such closure qualifies as an act of union-busting and ULP. No evidence was shown that the closure is stirred not by a desire to avoid further losses but to discourage the workers from organizing themselves into a union for more effective negotiations with the management.34 Allegations are not proofs and it is incumbent upon petitioner to substantiate the same. On the contrary, respondent continued to negotiate with petitioner even after April 30, 2002. In fact, a Memorandum of Agreement was executed before the NCMB between petitioner and respondent on June 10, 2002 whereby the parties agreed, among others, to maintain the existing provisions of the CBA, except those pertaining to wage increases and signing bonus.35

Finally, even if the members of petitioner are not considered as illegally dismissed, they are entitled to separation pay pursuant to Article 283 of the Labor Code, as amended. Per respondent's information, however, the separation packages of all 117 union members were already paid during the pendency of the case.36 Petitioner did not oppose this representation; hence, We shall treat the fact of receipt of separation pay as having been voluntarily entered into, with a full understanding of its import, and the amount received as credible and reasonable settlement that should be respected by the Court as the law between the parties are valid and binding between them.

WHEREFORE, the foregoing considered, the instant Petition is DENIED. The February 2, 2006 Decision and May 29, 2006 Resolution of the Court of Appeals in CA-G.R. SP No. 73127 sustaining in toto the August 28, 2002 Decision and September 13, 2002 Resolution of Voluntary Arbitrator Jesus B. Diamonon, which dismissed petitioner’s complaint for illegal retrenchment, are AFFIRMED.

SO ORDERED.

Velasco, Jr., (Chairperson), Abad, Mendoza, and Leonen, JJ., concur.


August 1, 2013


N O T I C E  OF J U D G M E N T


Sirs/Mesdames:cralavvonlinelawlibrary

Please take notice that on July 24, 2013 a Decision, copy attached herewith, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on August 1, 2013 at 2:55 a.m.

Very truly yours,
(SGD)
LUCITA ABJELINA SORIANO
Division Clerk of Court



Endnotes:


1 Penned by Associate Justice Mariflor P. Punzalan Castillo, with Associate Justices Elvi John S. Asuncion and Noel G. Tijam concurring; rollo, pp. 48-75.cralawlibrary

2Id. at 85-100.cralawlibrary

3Id. at 121-130.cralawlibrary

4Id. at 131-134.cralawlibrary

5 Per Board Resolution No. 83-01/02 entitled Approving the Cessation of Operations of All F & B Restaurants of the Club and refer it to Concessionaire.cralawlibrary

6 CA Rollo, p. 289.cralawlibrary

7 Per Board Resolution No. 138-01/02 entitled Approving the Program Retrenching Employees Necessarily Arising Out of the Cessation of Operations of All F & B Restaurants of the Club and Authorizing General Manager Philippe D. Bartholomi to Implement the Foregoing Program.cralawlibrary

8 CA rollo, p. 309.cralawlibrary

9 Id. at 311-337.cralawlibrary

10 Five (5) of the affected employees are non-union members and are not included in the case submitted for voluntary arbitration.cralawlibrary

11 CA rollo, p. 81.cralawlibrary

12Id. at  82-83.cralawlibrary

13Id. at 6.cralawlibrary

14 Id. at 87-91.cralawlibrary

15 CA rollo, pp. 92-93.cralawlibrary

16 CA rollo, p. 94.cralawlibrary

17 317 Phil. 54 (1995).cralawlibrary

18 212 Phil. 653 (1984).cralawlibrary

19 360 Phil. 218 (1998).

[20
G.R. Nos. L-51002-06, May 30, 1983, 122 SCRA 557.cralawlibrary

21 G.R. No. 92859, February 1, 1993, 218 SCRA 293.cralawlibrary

22 503 Phil. 937 (2005).cralawlibrary

23Alabang Country Club Inc. v. NLRC, supra, at 950. (Italics in the original; citations omitted.)

24 G.R. No. 166760, August 22, 2008, 563 SCRA 93.cralawlibrary

25 Eastridge Golf Club, Inc. v. Eastridge Golf Club, Inc., Labor-Union, Super, supra, at 103-105. (Emphasis in the original; citations omitted.)

26 Underscoring supplied.cralawlibrary

27 515 Phil. 805 (2006).cralawlibrary

28 Industrial Timber Corporation v. Ababon, supra, at 819. (Citations omitted)

29Alabang Country Club, Inc. v. NLRC, supra note 22, at 952-953. (Citations omitted)

30Eastridge Golf Club, Inc. v. Eastridge Golf Club, Inc., Labor-Union, Super, supra note 24, at 108-109. (Citations omitted)

31 See also Marc II Marketing, Inc. v. Joson, G.R. No. 171993, December 12, 2011, 662 SCRA 35; Espina v. Court of Appeals, 548 Phil. 255 (2007); and Kasapian ng Malayang Manggagawa sa Coca-Cola (KASAMMA-CCO)-CFW Local 245 v. Court of Appeals, 521 Phil. 606 (2006).cralawlibrary

32Kasapian ng Malayang Manggagawa sa Coca-Cola (KASAMMA-CCO)-CFW Local 245 v. Court of Appeals, supra, at 625.cralawlibrary

33 CA rollo, pp. 383-403.cralawlibrary

34 See Carmelcraft Corporation v. NLRC, 264 Phil. 763, 768 (1990).cralawlibrary

35 CA rollo, pp. 92-93.cralawlibrary

36Id. at 646-647, 661-663.



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  • A.M. No. P-09-2690 [Formerly A.M. OCA IPI No. 08-2889-P], July 09, 2013 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. NOEL R. ONG, DEPUTY SHERIFF, BRANCH 49, AND ALVIN A. BUENCAMINO, DEPUTY SHERIFF, BRANCH 53 OF THE METROPOLITAN TRIAL COURT, CALOOCAN CITY, Respondents.

  • G.R. No. 195481, July 10, 2013 - ORIENTAL PETROLEUM AND MINERALS CORPORATION, Petitioner, v. TUSCAN REALTY, INC., Respondent.

  • A.M. No. 08-5-305-RTC, July 09, 2013 - RE: FAILURE OF FORMER JUDGE ANTONIO A. CARBONELL TO DECIDE CASES SUBMITTED FOR DECISION AND TO RESOLVE PENDING MOTIONS IN THE REGIONAL TRIAL COURT, BRANCH 27, SAN FERNANDO, LA UNION.

  • G.R. No. 203241, July 10, 2013 - RIZAL COMMERCIAL BANKING CORPORATION, Petitioner, v. FEDERICO A. SERRA, Respondent.

  • G.R. No. 202709, July 03, 2013 - PEOPLE OF THE PHILIPPINES, Appellee, v. ROMEO ONIZA Y ONG AND MERCY ONIZA Y CABARLE, Appellants.

  • A.M. No. CA-13-51-J, July 02, 2013 - RE: LETTER COMPLAINT OF MERLITA B. FABIANA AGAINST PRESIDING JUSTICE ANDRES B. REYES, JR., ASSOCIATE JUSTICES ISAIAS P. DICDICAN AND STEPHEN C. CRUZ; CARAG JAMORA SOMERA AND VILLAREAL LAW OFFICES AND ITS LAWYERS ATTYS. ELPIDIO C. JAMORA, JR. AND BEATRIZ O. GERONILLA-VILLEGAS, LAWYERS FOR MAGSAYSAY MARITIME CORPORATION AND VISAYAN SURETY AND INSURANCE CORPORATION.

  • G.R. No. 188711, July 08, 2013 - TAN BROTHERS CORPORATION OF BASILAN CITY THROUGH ITS OWNER/MANAGER, MAURO F. TAN, Petitioners, v. EDNA R. ESCUDERO, Respondent.

  • G.R. No. 197789, July 08, 2013 - PNOC-ENERGY DEVELOPMENT CORPORATION AND/OR PAUL A. AQUINO, FRANCIS A. PALAFOX, Petitioners, v. JOSELITO L. ESTRELLA, Respondent.

  • G.R. No. 185734, July 03, 2013 - ALFREDO C. LIM, JR., Petitioner, v. SPOUSES TITO S. LAZARO AND CARMEN T. LAZARO, Respondents.

  • G.R. No. 198680, July 08, 2013 - HEIRS OF MAGDALENO YPON, NAMELY, ALVARO YPON, ERUDITA Y. BARON, CICERO YPON, WILSON YPON, VICTOR YPON, AND HINIDINO Y. PEÑALOSA, Petitioners, v. GAUDIOSO PONTERAS RICAFORTE A.K.A. “GAUDIOSO E. YPON,” AND THE REGISTER OF DEEDS OF TOLEDO CITY, Respondents.

  • A.C. No. 6490 [Formerly CBD Case No. 03-1054], July 09, 2013 - LILIA TABANG AND CONCEPCION TABANG, Complainsnts, v. ATTY. GLENN C. GACOTT, Respondent.

  • A.C. No. 7749, July 08, 2013 - JOSEFINA CARANZA VDA. DE SALDIVAR, Complainant, v. ATTY. RAMON SG CABANES, JR., Respondent.

  • G.R. No. 170245, July 01, 2013 - THE HEIRS OF SPOUSES DOMINGO TRIA AND CONSORCIA CAMANO TRIA, Petitioners, v. LAND BANK OF THE PHILIPPINES AND DEPARTMENT OF AGRARIAN REFORM, Respondents.

  • G.R. No. 195649, July 02, 2013 - CASAN MACODE MACQUILING, Petitioner, v. COMMISSION ON ELECTIONS, ROMMEL ARNADO Y CAGOCO, AND LINOG G. BALUA, Respondents.

  • G.R. No. 179256, July 10, 2013 - FIRST PHILIPPINE INDUSTRIAL CORPORATION, Petitioner, v. RAQUEL M. CALIMBAS AND LUISA P. MAHILOM, Respondents.

  • G.R. No. 186366, July 03, 2013 - HEIRS OF JOSE FERNANDO, Petitioners, v. REYNALDO DE BELEN, Respondent.

  • A.C. No. 6942, July 17, 2013 - SONIC STEEL INDUSTRIES, INC., Complainant, v. ATTY. NONNATUS P. CHUA, Respondent.

  • G.R. No. 177050, July 01, 2013 - CARLOS LIM, CONSOLACION LIM, EDMUNDO LIM,* CARLITO LIM, SHIRLEY LEODADIA DIZON,** AND ARLEEN LIM FERNANDEZ, Petitioners, v. DEVELOPMENT BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 198759, July 01, 2013 - PHILIPPINE AIRLINES, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. Nos. 206844-45, July 23, 2013 - COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. [SENIOR CITIZENS PARTY-LIST], REPRESENTED HEREIN BY ITS CHAIRPERSON AND FIRST NOMINEE, FRANCISCO G. DATOL, JR., Petitioner, v. COMMISSION ON ELECTIONS, Respondent.; G. R. NO. 206982 - COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. (SENIOR CITIZENS), REPRESENTED BY ITS PRESIDENT AND INCUMBENT REPRESENTATIVE IN THE HOUSE OF REPRESENTATIVES, ATTY. GODOFREDO V. ARQUIZA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

  • G.R. No. 191247, July 10, 2013 - FRANCISCO L. ROSARIO, JR., Petitioner, v. LELLANI DE GUZMAN, ARLEEN DE GUZMAN, PHILIP RYAN DE GUZMAN, AND ROSELLA DE GUZMAN­ BAUTISTA, Respondents.

  • G.R. No. 189686, July 15, 2013 - UNIVERSAL ROBINA CORPORATION AND LANCE Y. GOKONGWEI, Petitioners, v. WILFREDO Z. CASTILLO, Respondent.

  • G.R. No. 191411, July 15, 2013 - RAFAEL L. COSCOLLUELA, Petitioner, v. SANDIGANBAYAN (FIRST DIVISION) AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 202867, July 15, 2013 - PEOPLE OF THE PHILIPPINES, Appellee, v. REGIE LABIAGA, Appellant.

  • G.R. No. 196741, July 17, 2013 - PHILIPPINE TOURISM AUTHORITY (Now known AS TOURISM INFRASTRUCTURE AND ENTERPRISE ZONE AUTHORITY), Petitioner, v. MARCOSA A. SABANDAL-HERZENSTIEL, PEDRO TAPALES, LUIS TAPALES, AND ROMEO TAPALES, Respondents.

  • G.R. No. 176111, July 12, 2013 - CAROLINA B. JOSE, Petitioner, v. PURITA SUAREZ, Respondent.

  • G.R. No. 192306, July 15, 2013 - JESSIE G. MARTINEZ, Petitioner, v. CENTRAL PANGASINAN ELECTRIC COOPERATIVE, INC. (CENPELCO), Respondent.

  • G.R. No. 179334, July 01, 2013 - SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS AND DISTRICT ENGINEER CELESTINO R. CONTRERAS, Petitioners, v. SPOUSES HERACLEO AND RAMONA TECSON, Respondents.

  • G.R. No. 179786, July 24, 2013 - JOSIELENE LARA CHAN, Petitioner, v. JOHNNY T. CHAN, Respondent.

  • G.R. No. 186264, July 08, 2013 - DR. LORNA C.FORMARAN, Petitioner, v. DR. GLENDA B. ONG AND SOLOMON S. ONG, Respondents.

  • G.R. No. 191068, July 17, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHRIS CORPUZ Y BASBAS, Accused-Appellant.

  • G.R. No. 175142, July 22, 2013 - BONIFACIO WATER CORPORATION (FORMERLY BONIFACIO VIVENDI WATER CORPORATION), Petitioner, v. THE COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 200895, July 31, 2013 - ROLANDO M. MENDIOLA, Petitioner, v. COMMERZ TRADING INT’L., INC., Respondent.

  • G.R. No. 199294, July 31, 2013 - RALPH LITO W. LOPEZ, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 206505, July 24, 2013 - JEREME G. VILLANUEVA, SR., Petitioner, v. BALIWAG NAVIGATION, INC., VICTORIA VDA. DE TENGCO AND UNITRA MARITIME CO., LTD., Respondent.

  • G.R. No. 188500, July 24, 2013 - PROVINCE OF CAGAYAN, REPRESENTED BY HON. ALVARO T. ANTONIO, GOVERNOR, AND ROBERT ADAP, ENVIRONMENTAL AND NATURAL RESOURCES OFFICER, Petitioners, v. JOSEPH LASAM LARA, Respondent.

  • G.R. No. 193874, July 24, 2013 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. RICORDITO N. DE ASIS, JR., Respondent.

  • G.R. No. 172346, July 24, 2013 - SPOUSES NAMEAL AND LOURDES BONROSTRO, Petitioners, v. SPOUSES JUAN AND CONSTANCIA LUNA, Respondents.

  • A.M. OCA IPI No. 02-1321-P, July 16, 2013 - CONCERNED CITIZEN, Complainant, v. NONITA V. CATENA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 50, PUERTO PRINCESA, PALAWAN, Respondent.

  • A.C. No. 6664, July 16, 2013 - FERDINAND A. SAMSON, Complainant, v. ATTY. EDGARDO O. ERA, Respondent.

  • G.R. No. 191566, July 17, 2013 - PEOPLE OF THE PHILIPPINES, Petitioner, v. EDGARDO V. ODTUHAN, Respondent.

  • G.R. No. 197537, July 24, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NINOY ROSALES Y ESTO, Accused-Appellant.

  • G.R. No. 190340, July 24, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROGELIO RAMOS AND MARISSA INTERO RAMOS, Accused-Appellants.

  • G.R. No. 179638, July 08, 2013 - HEIRS OF NUMERIANO MIRANDA, SR., namely: CIRILA (deceased), CORNELIO, NUMERIANO, JR., ERLINDA, LOLITA, RUFINA, DANILO, ALEJANDRO, FELIMON, TERESITA, ELIZABETH AND ANALIZA, ALL SURNAMED MIRANDA, Petitioners, v. PABLO R. MIRANDA, Respondent.

  • G.R. No. 173587, July 15, 2013 - ZUELLIG PHARMA CORPORATION, Petitioner, v. ALICE M. SIBAL, MA. TERESA J. BARISO, PRESCILLANO L. GONZALES, LAURA B. BERNARDO, MAMERTA R. ZITA, JOSEPHINE JUDY C. GARCIA, MENDOZA,* AND MA. ASUNCION B. HERCE, EDITHA D. CARPITANOS, MA. LUZ B. BUENO, DANTE C. VERASTIGUE,** AGNES R. ALCOBER, ARWIN Y. CRUZ, ADONIS F. OCAMPO, SOPHIA P. ANGELES, JOEL B. BUSTAMANTE, EDITHA B. COLE, LUDIVINA C. PACIA, ROSELLE M. DIZON, RODOLFO A. ABCEDE, WILFREDO RICAFRENTE, RODOLFO R. ROBERTO, ROSALIE R. LUNAR, BENJAMIN R. CALAYCAY, GUILLERO YAP CADORNA, THROVADORE TOBOSO, CAROLINA S. UY, MARIA LORETTO M. REGIS, ALMAR C. CALUAG,** VILMA R. SAPIWOSO, ANATALIA L. CALPITO, FELIPE S. CALINAWAN, VIVIELIZA DELMAR MANULAT, MA. LIZA L. RAFINAN,** AMMIE V. GATILAO, ALEX B. SADAYA AND REGINO EDDIE PANGA, Respondents.

  • G.R. No. 174912, July 24, 2013 - BPI EMPLOYEES UNION-DAVAO CITY-FUBU (BPIEU-DAVAO CITY-FUBU), Petitioner, v. BANK OF THE PHILIPPINE ISLANDS (BPI), AND BPI OFFICERS CLARO M. REYES, CECIL CONANAN AND GEMMA VELEZ, Respondents.

  • G.R. No. 197360, July 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALD CREDO AKA “ONTOG,” RANDY CREDO AND ROLANDO CREDO Y SAN BUENAVENTURA, Accused-Appellants.

  • G.R. No. 199082, G.R. NO. 199085, G.R. NO. 199118, July 23, 2013 - JOSE MIGUEL T. ARROYO, Petitioner, v. DEPARTMENT OF JUSTICE; COMMISSION ON ELECTIONS; HON. LEILA DE LIMA, IN HER CAPACITY AS SECRETARY OF THE DEPARTMENT OF JUSTICE; HON. SIXTO BRILLANTES, JR., IN HIS CAPACITY AS CHAIRPERSON OF THE COMMISSION ON ELECTIONS; AND THE JOINT DOJ-COMELEC PRELIMINARY INVESTIGATION COMMITTEE AND FACT-FINDING TEAM, Respondents.; G.R. NO. 199085 - BENJAMIN S. ABALOS, SR., Petitioner, v. HON. LEILA DE LIMA, IN HER CAPACITY AS SECRETARY OF JUSTICE; HON. SIXTO S. BRILLANTES, JR., IN HIS CAPACITY AS COMELEC CHAIRPERSON; RENE V. SARMIENTO, LUCENITO N. TAGLE, ARMANDO V. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM AND AUGUSTO C. LAGMAN, IN THEIR CAPACITY AS COMELEC COMMISSIONERS; CLARO A. ARELLANO, GEORGE C. DEE, JACINTO G. ANG, ROMEO B. FORTES AND MICHAEL D. VILLARET, IN THEIR CAPACITY AS CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE JOINT DOJ-COMELEC PRELIMINARY INVESTIGATION COMMITTEE ON THE 2004 AND 2007 ELECTION FRAUD RESPONDENTS.; G.R. NO. 199118 - GLORIA MACAPAGAL-ARROYO, Petitioner, v. COMMISSION ON ELECTIONS, REPRESENTED BY CHAIRPERSON SIXTO S. BRILLANTES, JR., DEPARTMENT OF JUSTICE, REPRESENTED BY SECRETARY LEILA M. DE LIMA, JOINT DOJ-COMELEC PRELIMINARY INVESTIGATION COMMITTEE, SENATOR AQUILINO M. PIMENTEL III, AND DOJ-COMELEC FACT-FINDING TEAM, Respondents.

  • G.R. No. 175844, July 29, 2013 - BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. SARABIA MANOR HOTEL CORPORATION, Respondent.

  • G.R. No. 192571, July 23, 2013 - ABBOTT LABORATORIES, PHILIPPINES, CECILLE A. TERRIBLE, EDWIN D. FEIST, MARIA OLIVIA T. YABUT-MISA, TERESITA C. BERNARDO, AND ALLAN G. ALMAZAR, Petitioners, v. PEARLIE ANN F. ALCARAZ, Respondent.

  • A.M. No. 11-10-03-0, July 30, 2013 - RE: LETTER DATED APRIL 18, 2011 OF CHIEF PUBLIC ATTORNEY PERSIDA RUEDA-ACOSTA REQUESTING EXEMPTION FROM THE PAYMENT OF SHERIFF’S EXPENSES

  • G.R. No. 179607, July 24, 2013 - CIRILA MANOTA, FOR HERSELF AND IN BEHALF OF HER CHILDREN, CLAIRE, CATHERINE, CHARLES, PHILIP CHRISTOPHER, CARMI JOY, CARLO JOHN AND CEDRIC JAMES, Petitioners, v. AVANTGARDE SHIPPING CORPORATION AND/OR SEMBAWANG JOHNSON MANAGEMENT PTE., LTD, Respondents.

  • G.R. No. 185740, July 23, 2013 - THE PROVINCIAL GOVERNMENT OF CAMARINES NORTE, REPRESENTED BY GOVERNOR JESUS O. TYPOCO, JR., Petitioner, v. BEATRIZ O. GONZALES, Respondent.

  • G.R. No. 179146, July 23, 2013 - HOLY CHILD CATHOLIC SCHOOL, Petitioner, v. HON. PATRICIA STO. TOMAS, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, AND PINAG-ISANG TINIG AT LAKAS NG ANAKPAWIS – HOLY CHILD CATHOLIC SCHOOL TEACHERS AND EMPLOYEES LABOR UNION (HCCS-TELU-PIGLAS), Respondents.

  • G.R. No. 170677, July 31, 2013 - VSD REALTY & DEVELOPMENT CORPORATION, Petitioner, v. UNIWIDE SALES, INC. AND DOLORES BAELLO TEJAD, Respondents.

  • G.R. No. 183608, July 13, 2013 - FAUSTINO T. CHINGKOE AND GLORIA CHINGKOE, Petitioners, v. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF CUSTOMS, Respondent.

  • G.R. No. 203585, July 29, 2013 - MILA CABOVERDE TANTANO AND ROSELLER CABOVERDE, Petitioners, v. DOMINALDA ESPINA­CABOVERDE, EVE CABOVERDE-YU, FE CABOVERDE-LABRADOR, AND JOSEPHINE E. CABOVERDE, Respondents.

  • G.R. No. 194709, July 31, 2013 - MINETTE BAPTISTA, BANNIE EDSEL SAN MIGUEL, AND MA. FE DAYON, Petitioners, v. ROSARIO VILLANUEVA, JANETTE ROLDAN, DANILO OLAYVAR, ONOFRE ESTRELLA, CATALINO LEDDA, MANOLO GUBANGCO, GILBERT ORIBIANA, CONSTANCIO SANTIAGO, RUTH BAYQUEN, RUBY CASTANEDA, ALFRED LANDAS, JR., ROSELYN GARCES, EUGENE CRUZ, MENANDRO SAMSON, FEDERICO MUNOZ AND SALVADOR DIWA, Respondents.

  • G.R. No. 172846, July 24, 2013 - MANILA POLO CLUB EMPLOYEES’ UNION (MPCEU) FUR-TUCP, Petitioner, v. MANILA POLO CLUB, INC., Respondent.

  • G.R. No. 189028, July 16, 2013 - NATIONAL ARTIST FOR LITERATURE VIRGILIO ALMARIO, NATIONAL ARTIST FOR LITERATURE BIENVENIDO LUMBERA, NATIONAL ARTIST FOR VISUAL ARTS (PAINTING) BENEDICTO CABRERA, NATIONAL ARTIST FOR VISUAL ARTS (SCULPTURE) NAPOLEON ABUEVA, NATIONAL ARTIST FOR VISUAL ARTS (PAINTING AND SCULPTURE) ARTURO LUZ, NATIONAL ARTIST FOR PRODUCTION DESIGN SALVADOR BERNAL, UNIVERSITY PROFESSOR EMERITUS GEMINO ABAD, DEAN MARVIC M.V.F. LEONEN (UP COLLEGE OF LAW), DEAN DANILO SILVESTRE (UP COLLEGE OF ARCHITECTURE), DEAN ROLAND TOLENTINO (UP COLLEGE OF MASS COMMUNICATION), PROF. JOSE DALISAY, DR. ANTON JUAN, DR. ALEXANDER CORTEZ, DR. JOSE NEIL GARCIA, DR. PEDRO JUN CRUZ REYES, PROF. JOSE CLAUDIO GUERRERO, PROF. MICHAEL M. COROZA, PROF. GERARD LICO, PROF. VERNE DE LA PENA, PROF. MARIAN ABUAN, PROF. THEODORE O. TE, DR. CRISTINA PANTOJA-HIDALGO, PROF. JOSE WENDELL CAPILI, PROF. SIR ANRIAL TIATCO, PROF. NICOLO DEL CASTILLO, PROF. HORACIO DUMANLIG, PROF. DANTON REMOTO, PROF. PRISCELINA PATAJO-LEGASTO, PROF. BELEN CALINGACION, PROF. AMIEL Y. LEONARDIA, PROF. VIM NADERA, PROF. MARILYN CANTA, PROF. CECILIA DELA PAZ, PROF. CHARLSON ONG, PROF. CLOD MARLON YAMBAO, PROF. KENNETH JAMANDRE, PROF. JETHRO JOAQUIN, ATTY. F.D. NICOLAS B. PICHAY, ATTY. ROSE BEATRIX ANGELES, MR. FERNANDO JOSEF, MS. SUSAN S. LARA, MR. ALFRED YUSON, MS. JING PANGANIBAN-MENDOZA, MR. ROMULO BAQUIRAN, JR., MR. CARLJOE JAVIER, MS. REBECCA T. ANONUEVO, MR. JP ANTHONY D. CUNADA, MS. LEAH NAVARRO, MR. MARK MEILLY, MR. VERGEL O. SANTOS, MR. GIL OLEA MENDOZA, MR. EDGAR C. SAMAR, MS. CHRISTINE BELLEN, MR. ANGELO R. LACUESTA, MS. ANNA MARIA KATIGBAK-LACUESTA, MR. LEX LEDESMA, MS. KELLY PERIQUET, MS. CARLA PACIS, MR. J. ALBERT GAMBOA, MR. CESAR EVANGELISTA BUENDIA, MR. PAOLO ALCAZAREN, MR. ALWYN C. JAVIER, MR. RAYMOND MAGNO GARLITOS, MS. GANG BADOY, MR. LESLIE BOCOBO, MS. FRANCES BRETANA, MS. JUDITH TORRES, MS. JANNETTE PINZON, MS. JUNE POTICAR-DALISAY, MS. CAMILLE DE LA ROSA, MR. JAMES LADIORAY, MR. RENATO CONSTANTINO, JR., AND CONCERNED ARTISTS OF THE PHILIPPINES (CAP), Petitioners, v. THE EXECUTIVE SECRETARY, THE SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, THE CULTURAL CENTER OF THE PHILIPPINES, THE NATIONAL COMMISSION ON CULTURE AND THE ARTS, MS. CECILE GUIDOTE-ALVAREZ, MR. CARLO MAGNO JOSE CAPARAS,1 MR. JOSE MORENO, MR. FRANCISCO MAÑOSA, AND ALL PERSONS, PUBLIC AND PRIVATE, ACTING UNDER THEIR INSTRUCTIONS, DIRECTION, CONTROL AND SUPERVISION IN RELATION TO THE CONFERMENT OF THE ORDER OF THE NATIONAL ARTIST AND THE RELEASE OF FUNDS IN RELATION TO THE CONFERMENT OF THE HONORS AND PRIVILEGES OF THE ORDER OF NATIONAL ARTISTS ON RESPONDENTS GUIDOTE-ALVAREZ, CAPARAS, MORENO AND MAÑOSA, Respondents.

  • G.R. No. 189316, July 01, 2013 - PHILIPPINE NATIONAL BANK, Petitioner, v. SPOUSES BERNARD AND CRESENCIA MARAÑON, Respondents.

  • G.R. No. 184908, July 03, 2013 - MAJOR JOEL G. CANTOS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 192394, July 03, 2013 - ROY D. PASOS, Petitioner, v. PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, Respondent.

  • G.R. No. 177763, July 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GARY VERGARA Y ORIEL AND JOSEPH INOCENCIO1 y PAULINO, Accused-Appellants.

  • G.R. No. 181277, July 03, 2013 - SWEDISH MATCH PHILIPPINES, INC., Petitioner, v. THE TREASURER OF THE CITY OF MANILA, Respondent.

  • G.R. No. 198240, July 03, 2013 - LUISA NAVARRO MARCOS*, Petitioner, v. THE HEIRS OF THE LATE DR. ANDRES NAVARRO, JR., NAMELY NONITA NAVARRO, FRANCISCA NAVARRO MALAPITAN, SOLEDAD NAVARRO BROCHLER, NONITA BARRUN NAVARRO, JR., IMELDA NAVARRO, ANDRES NAVARRO III, MILAGROS NAVARRO YAP, PILAR NAVARRO, TERESA NAVARRO-TABITA, AND LOURDES BARRUN-REJUSO, Respondents.

  • G.R. No. 188217, July 03, 2013 - FERNANDO M. ESPINO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 199932, July 03, 2013 - CAMILO A. ESGUERRA, Petitioner, v. UNITED PHILIPPINES LINES, INC., BELSHIPS MANAGEMENT (SINGAPORE) PTE LTD., AND/OR FERNANDO T. LISING, Respondents.

  • G.R. No. 159213, July 03, 2013 - VECTOR SHIPPING CORPORATION AND FRANCISCO SORIANO, Petitioners, v. AMERICAN HOME ASSURANCE COMPANY AND SULPICIO LINES, INC., Respondents.

  • G.R. No. 198534, July 03, 2013 - JENNY F. PECKSON, Petitioner, v. ROBINSONS SUPERMARKET CORPORATION, JODY GADIA, ROENA SARTE, AND RUBY ALEX, Respondents.

  • G.R. No. 192179, July 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LITO HATSERO, Accused-Appellant.

  • G.R. No. 182349, July 24, 2013 - REMAN RECIO, Petitioner, v. HEIRS OF THE SPOUSES AGUEDO AND MARIA ALTAMIRANO, NAMELY: ALEJANDRO, ADELAIDA, CATALINA, ALFREDO, FRANCISCO, ALL SURNAMED ALTAMIRANO; VIOLETA ALTAMIRANO OLFATO, AND LORETA ALTAMIRANO VDA. DE MARALIT AND SPOUSES LAURO AND MARCELINA LAJARCA, Respondents.

  • G.R. No. 185160, July 24, 2013 - POLYMER RUBBER CORPORATION AND JOSEPH ANG, Petitioners, v. BAYOLO SALAMUDING, Respondent.

  • G.R. No. 192896, July 24, 2013 - DREAM VILLAGE NEIGHBORHOOD ASSOCIATION, INC., REPRESENTED BY ITS INCUMBENT PRESIDENT, GREG SERIEGO, Petitioner, v. BASES CONVERSION DEVELOPMENT AUTHORITY, Respondent.

  • A.C. No. 7686, July 31, 2013 - JAIME JOVEN AND REYNALDO C. RASING, Ccomplainants, v. ATTYS. PABLO R. CRUZ AND FRANKIE O. MAGSALIN III, Respondents.

  • G.R. No. 181539, July 24, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDWIN ALEMAN Y LONGHAS, Accused-Appellant.

  • G.R. No. 188046, July 24, 2013 - LAND BANK OF THE PHILIPPINES, Petitioner, v. AMERICAN RUBBER CORPORATION, Respondent.

  • G.R. No. 181163, July 24, 2013 - ASIAN TERMINALS, INC., Petitioner, v. PHILAM INSURANCE CO., INC. (NOW CHARTIS PHILIPPINES INSURANCE, INC.), Respondent.

  • G.R. No. 181444, July 17, 2013 - BOBBY “ABEL” AVELINO Y BULAWAN, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 197250, July 17, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. REYNALDO “ANDY” SOMOZA Y HANDAYA, Accused-Appellant.

  • G.R. No. 201728, July 17, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARVIN CRUZ, Accused-Appellant.

  • G.R. No. 160739, July 17, 2013 - ANITA MANGILA, Petitioner, v. JUDGE HERIBERTO M. PANGILINAN, ASST.CITY PROSECUTOR II LUCIA JUDY SOLINAP, AND NATIONAL BUREAU OF INVESTIGATION (DIRECTOR REYNALDO WYCOCO), Respondents.

  • G.R. No. 173307, July 17, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICTORINO REYES, Accused-Appellant.

  • G.R. No. 157900, July 22, 2013 - ZUELLIG FREIGHT AND CARGO SYSTEMS, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION AND RONALDO V. SAN MIGUEL, Respondents.

  • G.R. No. 189343, July 10, 2013 - BENILDA N. BACASMAS, Petitioner, v. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, Respondents.; G.R. NO. 189369 - ALAN C. GAVIOLA, Petitioner, v. PEOPLE OF THE PHILIPPINES, RESPONDENT.; G.R. NO. 189553 - EUSTAQUIO B. CESA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. Nos. 168951& 169000, July 17, 2013 - DR. ROGER R. POSADAS AND DR. ROLANDO P. DAYCO, Petitioners, v. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 201979, July 10, 2013 - GILDA C. FERNANDEZ AND BERNADETTE A. BELTRAN, Petitioners, v. NEWFIELD STAFF SOLUTIONS, INC./ARNOLD “JAY” LOPEZ, JR., Respondents.

  • G.R. No. 198020, July 10, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSEPH BARRA, Accused-Appellant.

  • G.R. No. 195528, July 04, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE CLARA Y BUHAIN, Accused-Appellant.

  • G.R. No. 162385, July 15, 2013 - SAMAR-MED DISTRIBUTION, Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, AND JOSAFAT GUTANG, Respondents.

  • G.R. No. 172504, July 31, 2013 - DONNA C. NAGTALON, Petitioner, v. UNITED COCONUT PLANTERS BANK, Respondent.

  • G.R. No. 197725, July 31, 2013 - MARK ANTHONY ESTEBAN (IN SUBSTITUTION OF THE DECEASED GABRIEL O. ESTEBAN), Petitioner, v. SPOUSES RODRIGO C. MARCELO AND CARMEN T. MARCELO, Respondents.

  • G.R. No. 188708, July 31, 2013 - PEOPLE OF THE PHILIPPINES, Appellee, v. ALAMADA MACABANDO, Appellant.

  • G.R. No. 179326, July 31, 2013 - LUCIANO P. CAÑEDO,* Petitioner, v. KAMPILAN SECURITY AND DETECTIVE AGENCY, INC. AND RAMONCITO L. ARQUIZA, Respondents.

  • G.R. No. 174978, July 31, 2013 - SALLY YOSHIZAKI, Petitioner, v. JOY TRAINING CENTER OF AURORA, INC., Respondent.

  • A.M. No. P-10-2789 (formerly A.M. OCA IPI No. 09-3181-P), July 31, 2013 - DEVELOPMENT BANK OF THE PHILIPPINES, REPRESENTED BY ATTY. BENILDA A. TEJADA, Complainant, v. DAMVIN V. FAMERO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 43, ROXAS, ORIENTAL MINDORO, Respondent.

  • G.R. No. 165014, July 31, 2013 - HEIRS OF ALEJANDRA DELFIN, NAMELY: LEOPOLDO DELFIN (DECEASED), REPRESENTED BY HIS SPOUSE, LUZ C. DELFIN, AND CHILDREN, LELANE C. DELFIN AND ANASTACIA C. DELFIN, MARCELITO DELFIN, FRANCISCO DELFIN, APOLLO DELFIN, ABRILES DELFIN, LYDIA D. DACULAN, OLIVIA D. CABALLERO, ALEJANDRO DELFIN, JULITO DELFIN, AND CANDIDO DELFIN, JR., Petitioners, v. AVELINA RABADON, PACIANO PANOGALING, HILARIA RABADON, PABLO BOQUILLA, CATALINA RABADON, PACIANO RABAYA, FE RABADON, GONZALO DABON, AND ROBERTO RABADON, Respondents.

  • G.R. No. 186509, July 29, 2013 - PHILMAN MARINE AGENCY, INC. (NOW DOHLE-PHILMAN MANNING AGENCY, INC.) AND/OR DOHLE (IOM) LIMITED, Petitioners, v. ARMANDO S. CABANBAN, Respondent.

  • G.R. No. 159371, July 29, 2013 - D. M. CONSUNJI CORPORATION, Petitioner, v. ROGELIO P. BELLO, Respondent.

  • G.R. No. 206236, July 15, 2013 - GILFREDO BACOLOD, A.K.A. GILARDO BACOLOD, Accused-Petitioner, v. PEOPLE OF THE PHILIPPINES, Plaintiff-Respondent.

  • G.R. No. 186610, July 29, 2013 - POLICE SENIOR SUPERINTENDENT DIMAPINTO MACAWADIB, Petitioner, v. THE PHILIPPINE NATIONAL POLICE DIRECTORATE FOR PERSONNEL AND RECORDS MANAGEMENT, Respondent.

  • G.R. No. 161075, July 15, 2013 - RAFAEL JOSE CONSING, JR., Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 181119, July 31, 2013 - ARNEL ALICANDO Y BRIONES, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 189570, July 31, 2013 - HEIRS OF SANTIAGO NISPEROS, TEODORICO NISPEROS, RESTITUTA LARON, CARMELITA H. NISPEROS, VIRGILIO H. NISPEROS, CONCHITA H. NISPEROS, PURITA H. NISPEROS, PEPITO H. NISPEROS, REBECCA H. NISPEROS, ABRAHAM H. NISPEROS, IGNACIO F. NISPEROS, RODOLFO F. NISPEROS, RAYMUNDO F. NISPEROS, RENATO F. NISPEROS, FE N. MUNAR, BENITO F. NISPEROS, REYNALDO N. NISPEROS, MELBA N. JOSE, ELY N. GADIANO, REPRESENTED BY TEODORICO NISPEROS, Petitioners, v. MARISSA NISPEROS-DUCUSIN, Respondent.

  • G.R. No. 196973, July 31, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUPER POSING Y ALAYON, Accused-Appellant.

  • OCA I.P.I. NO. 11-3589-RTJ, July 29, 2013 - KONRAD A. RUBIN AND CONRADO C. RUBIN, Complainants, v. JUDGE EVELYN CORPUS-CABOCHAN, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 98, QUEZON CITY, Respondent.

  • G.R. No. 191219, July 31, 2013 - SPO1 RAMON LIHAYLIHAY1 AND C/INSP. VIRGILIO V. VINLUAN, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 161211, July 17, 2013 - SPOUSES CELSO DICO, SR. AND ANGELES DICO, Petitioners, v. VIZCAYA MANAGEMENT CORPORATION, Respondent.

  • G.R. No. 173226, July 29, 2013 - LAND BANK OF THE PHILIPPINES, Petitioner, v. MANUEL O. GALLEGO, JR., JOSEPH L. GALLEGO AND CHRISTOPHER L. GALLEGO, Respondents.

  • G.R. No. 188767, July 24, 2013 - SPOUSES ARGOVAN AND FLORIDA GADITANO, Petitioners, v. SAN MIGUEL CORPORATION, Respondent.

  • G.R. No. 189121, July 31, 2013 - AMELIA GARCIA-QUIAZON, JENNETH QUIAZON AND MARIA JENNIFER QUIAZON, Petitioners, v. MA. LOURDES BELEN, FOR AND IN BEHALF OF MARIA LOURDES ELISE QUIAZON, Respondent.

  • G.R. No. 192685, July 31, 2013 - OSCAR R. AMPIL, Petitioner, v. THE HON. OFFICE OF THE OMBUDSMAN, POLICARPIO L. ESPENESIN, REGISTRAR, REGISTER OF DEEDS, PASIG CITY, FRANCIS SERRANO, YVONNE S. YUCHENGCO, AND GEMA O. CHENG, Respondents.; G.R. No. 199115 - OSCAR R. AMPIL, Petitioner, v. POLICARPIO L. ESPENESIN, Respondent.

  • G.R. No. 175666, July 29, 2013 - MANILA BANKERS LIFE INSURANCE CORPORATION, Petitioner, v. CRESENCIA P. ABAN, Respondent.

  • G.R. No. 165386, July 29, 2013 - NATIONAL POWER CORPORATION, Petitioner, v. SPOUSES SALVADOR AND NENITA CRUZ, SPOUSES EDMUNDO AND MERLA BARZAGA, SPOUSES CRISANTO AND JULIETA DELA CRUZ, SPOUSES LORENZO AND ROSALINA PALAGANAS, SPOUSES RICARDO AND LOLITA SAGUID, SPOUSES CARMELITA A-ND RESTITUTO ALCID, HIPOLITA NASALGA, CRISELDA AND 'REDENTOR REYES, ILUMINADA ALIPIO, REYNALDO ALIPIO, CORAZON PELAYO, SPOUSES ROLANDO AND FELICIDAD BOANGUTS, SPOUSES JOSELLTO AND CAROLINE MENDOZA, SPOUSES ERLINDA AND CELSO DE GUZMAN, SPOUSES MIGUEL AND VIRGINIA CASAS, SPOUSES ERLINDA AND CELSO DICCION, MA. RENITA MARIANO, VICTORIA ESPIRITU, SPOUSES VICTOR AND ROSARION SOTELO, RENATO GUIEB, DANIEL STA. MARIA, SPOUSES MELANIO AND SOTERIA TORRES, SPOUSES CIRIACO AND PERLITA BENDIJO, SPOUSES L.ILIA AND DOMINGO TORRES, PACITA TORRES AND GREGORIA.CASTILLO, SPOUSES HILARIO AND AMANDA DONIZA, SPOUSES JEREMIAS AND ISABEL GARCIA, SPOUSES EDUARDO AND MA. MARIN CALDERON, SPOUSES ERNESTO AND PELAGIA LUCAS, CORAZON ACOSTA, TERESITA LACSON AND JULIANA DE GUZMAN, PERLA REYES, SPOUSES ESMELITON AND REMEDIOS ESPIRITU, SPOUSES ROGELIO AND AURORA ABALON, DITAS GARCIA, TERESITA CAPATI, SPOUSES EFREN AND MERCEDES MARTIN, SPOUSES HIPOLITO AND ANTONIA STA. MARIA, DIONISIO AND ATANACIA DOMONDON, JAOQUIN AND MA. THERESA DELA ROSA, SPOUSES ROMULO AND NORMA DUCUSIN, GENOVEVA CRUZ AND A. BAUTISTA, PURITA SUNICO, SPOUSES MINERVA AND ROQUE NUALLA, AND SPOUSES GABINO, JR. AND CRISPINA ALIPIO, Respondents.

  • G.R. No. 198110, July 31, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WILSON ROMAN, Accused-Appellant.

  • G.R. No. 147257, July 31, 2013 - SPOUSES JESUS DYCOCO and JOELA E. DYCOCO, Petitioners, v. THE HONORABLE COURT OF APPEALS, NELLY SIAPNO­SANCHEZ and INOCENCIO BERMA, Respondents.

  • A.C. No. 9906, July 29, 2013 - ATTY. LESTER R. NUIQUE, Complainant, v. ATTY. EDUARDO SEDILLO, Respondent.

  • G.R. No. 191025, July 31, 2013 - RHODORA PRIETO, Petitioner, v. ALPADI DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 184622, July 03, 2013 - PHILIPPINE OVERSEAS TELECOMMUNICATIONS CORPORATION (POTC) AND PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION (PHILCOMSAT), Petitioners, v. VICTOR AFRICA, ERLINDA I. BILDNER, SYLVIA K. ILUSORIO, HONORIO POBLADOR III, VICTORIA C. DELOS REYES, JOHN BENEDICT SIOSON, AND JOHN/JANE DOES. Respondents.; G.R. Nos. 184712-14 - PHILIPPINE OVERSEAS TELECOMMUNICATIONS CORPORATION (POTC) AND PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION (PHILCOMSAT), Petitioners, v. HON. JENNY LIN ALDECOA-DELORINO, PAIRING JUDGE OF THE REGIONAL TRIAL COURT OF MAKATI CITY-BRANCH 138, VICTOR AFRICA, PURPORTEDLY REPRESENTING PHILCOMSAT, AND JOHN/JANE DOES, Respondents.; G.R. No. 186066 - PHILCOMSAT HOLDINGS CORPORATION, REPRESENTED BY CONCEPCION POBLADOR, Petitioner, v. PHILIPPINE COMMUNICATIONS SATELLITE CORPORATION (PHILCOMSAT), REPRESENTED BY VICTOR AFRICA, Respondents.; G.R. No. 186590 - PHILCOMSAT HOLDINGS CORPORATION, REPRESENTED BY ERLINDA I. BILDNER, Petitioner, v. PHILCOMSAT HOLDINGS CORPORATION, REPRESENTED BY ENRIQUE L. LOCSIN, Respondent.

  • G.R. No. 182280, July 29, 2013 - TERESA C. AGUILAR, CESAR D. RAAGAS, VILLAMOR VILLEGAS, AND THE REGISTER OF DEEDS FOR THE CITY OF MAKATI, Petitioners. v. MICHAEL J. O’PALLICK, Respondent.

  • G.R. No. 189293, July 10, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICENTE CANDELLADA, Accused-Appellant.