REX CASE DIGEST: LABOR LAW AND SOCIAL LEGISLATION

REX CASE DIGEST

LABOR LAW AND SOCIAL LEGISLATION

REX CASE DIGEST 2006

REX CASE DIGEST: LABOR LAW AND SOCIAL LEGISLATION

Labor Laws; Preventive Suspension

RENATO S. GATBONTON, petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, et al., respondents, G.R. No. 146779, January 23, 2006. First Division. Austria-Martinez, J. Facts: Before the Court is a petition for review on certiorari of the Decision of the Court of Appeals which afrmed the earlier disposition of the NLRC. Renato Gatbonton, associate professor at the Faculty of Civil Engineering at the Mapua Institute of Technology, was placed on preventive suspension for thirty days. Said suspension was made pending the investigation of a complaint against Gatbonton by an engineering student for unfair/unjust grading system, sexual harassment and conduct unbecoming of an academician. Gatbonton led a complaint for illegal suspension with the Labor Arbiter. Gatbonton also led a petition for certiorari with the RTC, which resulted to a compromise agreement, where the MIT agreed to publish in the school organ the rules and regulations implementing the Anti-Sexual Harassment Act (R.A.No. 7877), and to disregard the previous administrative proceedings and conduct anew an investigation. Meanwhile, the Labor Arbiter declared the illegality of the preventive suspension. Gatbonton appealed since the Labor Arbiter dismissed his claim for damages. Issues: (1) Whether the preventive suspension was illegal; and (2) Whether Gatbonton is entitled to damages. Ruling: The petition is PARTLY GRANTED. Gatbontons preventive suspension was illegal, but he is not entitled to damages. Preventive suspension, dened. Preventive suspension is a disciplinary measure for the protection of the companys property pending investigation of any alleged malfeasance or misfeasance committed by the employee. The employer may place the worker concerned under preventive suspension if his

REX CASE DIGEST 2006

continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers. However, when it is determined that there is no sufcient basis to justify an employees preventive suspension, the latter is entitled to the payment of salaries during the time of preventive suspension. The Mapua Rules should be published for its effectivity. R.A. No. 7877 imposed the duty on educational or training institutions to promulgate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedures for the investigation of sexual harassment cases and the administrative sanctions therefor. Petitioners preventive suspension was based on respondent MITs Rules and Regulations for the Implemention of the Anti-Sexual Harassment Act of 1995, or R.A. No. 7877. xxx. It must be noted however, that respondent published said rules and regulations only on February 23, 1999. In Taada v. Tuvera, it was ruled that: all statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin fteen days after publication unless a different effectivity is xed by the legislature. Covered by this rule are presidential decrees and executive orders promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature or, at present, directly conferred by the Constitution. Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant also to a valid delegation. xxx. The Mapua Rules is one of those issuances that should be published for its effectivity, since its purpose is to enforce and implement R.A. No. 7877, which is a law of general application. In fact, the Mapua Rules itself explicitly required publication of the rules for its effectivity, as provided in Section 3, Rule IV (Administrative Provisions), which states that [T]hese Rules and Regulations to implement the Anti-Sexual Harassment Act of 1995 shall take effect fteen (15) days after publication by the Committee. Thus, at the time of the imposition of petitioners preventive suspension on January 11, 1999, the Mapua Rules were not yet legally effective, and therefore the suspension had no legal basis. There was no basis for suspending the petitioner. Moreover, even assuming that the Mapua Rules are applicable, the Court nds that there is no sufcient basis to justify his preventive suspension. Under the Mapua Rules, an accused may be placed under preventive suspension during pendency of the hearing under any of the following circumstances: (a) if the evidence of his guilt is strong and the school head is morally convinced that the continued stay of the accused during the period of investigation constitutes a distraction to the normal operations of the institution; or (b) the accused poses a risk or danger to the life or property of the other members of the educational community. In petitioners case, there is no indication that petitioners preventive suspension may be based on the foregoing circumstances. Committee Resolu-

REX CASE DIGEST: LABOR LAW AND SOCIAL LEGISLATION

tion No. 1 (Re: Preventive Suspension of Engr. Renato Gatbonton) passed by the Committee on Decorum and Investigation states the reasons for petitioners preventive suspension, xxx. Said resolution does not show that evidence of petitioners guilt is strong and that the school head is morally convinced that petitioners continued stay during the period of investigation constitutes a distraction to the normal operations of the institution; or that petitioner poses a risk or danger to the life or property of the other members of the educational community. Even under the Labor Code, petitioners preventive suspension nds no valid justication. As provided in Section 8, Rule XXIII, Book V of the Omnibus Rules Implementing the Labor Code: Sec. 8. Preventive Suspension. The employer may place the worker concerned under preventive suspension if his continued employment poses a serious threat to the life or property of the employer or of his co-workers. Petitioner is entitled to payment of wages for the period he was suspended. As previously stated, there is nothing on record which shows that respondent MIT imposed the preventive suspension on petitioner as his continued employment poses a serious threat to the life or property of the employer or of his co-workers; therefore, his preventive suspension is not justied. Consequently, the payment of wages during his 30-day preventive suspension, i.e., from January 11, 1999 to February 10, 1999, is in order. Petitioner is not entitled to damages. With regard to petitioners claim for damages, the Court nds the same to be without basis. While petitioners preventive suspension may have been unjustied, this does not automatically mean that he is entitled to moral or other damages. In Cocoland Development Corp. v. NLRC, the Court ruled: In Primero v. Intermediate Appellate Court, th[e] Court held that an award (of moral damages) cannot be justied solely upon the premise (otherwise sufcient for redress under the Labor Code) that the employer red his employee without just cause or due process. Additional facts must be pleaded and proven to warrant the grant of moral damages under the Civil Code, these being, to repeat, that the act of dismissal was attended by bad faith or fraud, or was oppressive to labor, or done in a manner contrary to morals, good customs, or public policy; and of course, that social humiliation, wounded feelings, grave anxiety, etc., resulted therefrom. This was reiterated in Garcia v. NLRC, where the Court added that exemplary damages may be awarded only if the dismissal was shown to have been effected in a wanton, oppressive or malevolent manner. xxx. The records of this case are bereft of any evidence showing that respondent MIT acted in bad faith or in a wanton or fraudulent manner in preventively suspending petitioner, thus, the Labor Arbiter was correct in not awarding any damages in favor of petitioner.

-o0o-

PUBLISHERS NOTE
In 1994, we took on the challenge to make more accessible the latest rulings of the Supreme Court when we introduced the Supreme Court Advance Decisions (SCAD). Bearing in mind this commitment and the desire to meet the needs of law practitioners, law students, bar reviewees and legal researchers, we now oer an improved and inexpensive alternative to legal research the REX CASE DIGEST. The REX CASE DIGEST features case briefs of the yearly Supreme Court Decisions. Designed as a one-stop reference, the REX CASE DIGEST is packaged with a CD which contains the complete text of the decisions, thus saving more time, eort and resources in studying and researching case laws, as well as drafting court pleadings. This publication is a tting example of our continuing commitment to provide you with a product that is apt to your needs and resources, as opposed to the conventional reference that is both time-consuming and expensive. Our goal of better serving you does not end with this publication. Rest assured that we at REX BOOK STORE, INC., shall continue to nd and introduce ways to develop more products, and to improve on those we already have, that will suit your needs and give you your moneys worth.

ATTY. DOMINADOR D. BUHAIN President, REX Book Store, Inc.

iii

iv

PREFACE
To continue providing quality legal resources in the country, we present the second installment of the Rex Case Digest Series. The Rex Case Digest 2006 contains some one thousand four hundred fty-four (1,454) cases promulgated by the Supreme Court. These decided cases were digested and thoroughly classied into the eight bar subjects according to their topics and the issues presented. This volume consists of cases in the areas of Labor Law and Social Legislation, Legal Ethics, and Mercantile Law. Included in this volume is the landmark case of Star Paper Corporation, et al., v. Simbol, et al., G.R. No. 164774, April 12, 2006, where the Court ruled that the no-spouse employment policy is not a valid exercise of management prerogative in the absence of a bona de occupational qualication. The Court further ruled that to justify a bona de occupational qualication, the employer must prove that the employment qualication is reasonably related to the essential operation of the job involved and that there is a factual basis for believing that all or substantially all persons meeting the qualication would be unable to properly perform the duties of the job. Also included in this volume is the case of Soriano v. Dizon, A.C. No. 6792, January 25, 2006, where the court reiterated the ruling in IRRI v. NLRC that the crime of homicide may or may not involve moral turpitude, depending on the degree of the crime. However, unlike in the IRRI case, the Court in this case found that the circumstances clearly showed the moral turpitude of the respondent and his unworthiness to practice law. Lastly, in the case of Shangri-la, et al., v. DGCI, G.R. No. 159931, March 31, 2006, the Court held that appropriation of a trademark in bad faith does not necessarily ripen into ownership, despite the rst-to-le rule. Other interesting cases may be found in this volume. We hope that this will serve as a useful and handy reference for your legal studies and research. On behalf of the RBSI Legal Editorial Sta Maria Theresa P. Cabayan
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TABLE

OF

CASES

LABOR LAW
DATE/ CASE NO. TITLE TOPIC/ISSUE PAGE
January 23, 2006 146779 Renato Gatbonton v. NLRC 164876 168964 Land Bank of the Philippines v. Leonila Celada Bangko Sentral ng Pilipinas v. COA

Preventive Suspension CARP; Just Compensation Retirement Benets

3 6 9

January 24, 2006 155146 Dr. Perla Postigo v. Philippine Tubercolosis Society, Inc. January 25, 2006 153750 Oriental Ship Management Co., Inc. v. Hon. Court of Appeals 161757 Sunace International Management Services, Inc. v. NLRC

Retirement; Phil. 12 Tuberculosis Society Seafarers; 16 Quitclaims; Illegal Dismissal Liability of 19 Recruitment Agency; Extension of Contract Closure of Business 21 Operations Decisions 24

Industrial Timber Corporation v. Virgilio Ababon January 27, 2006 A.C. No. Dandy Quijano v. Geobel Bartolabac 5649 166616 First Dominion Resources Corporation v. Mercurio Pearanda

164518

147719

Ha Yuan Restaurant v. NLRC

Willful 26 Disobedience; Management Prerogative; TwinNotice Requirement Separation Pay; 28 Misconduct; Social Justice Notice of Closure 30

January 30, 2006 157133 Business Services of the Future Today, Inc. v. Court of Appeals January 31, 2006 162401 Corazon Almirez v. Innite Loop Technology Corporation

Employer-Employee 32 Relationship; Control Test; Salaries

vii

142358 155359 157028

Grand Placement and General Services Corporation v. Court of Appeals Sps. Ponciano and Clemencia Aya-ay v. ARPAPHIL Shipping Corp. Metropolitan Bank and Trust Company v. Luis Barrientos Philippine Military Veterans Security and Investigation Agency v. Court of Appeals

Night Shift Differential Death Benets Illegal Dismissal; Grave Misconduct; Factual Findings Illegal Dismissal; Loss of Trust and Condence; Separation Pay; Backwages Implied Tenancy Agricultural Tenancy Appeals; Reinstatement; Backwages Appeals; Doctrine of Factual Findings Backwages; Quitclaims; Labor Unions Regular Employees Jurisdiction; Constructive Dismissals Retrenchment

34 35 37

139159

39

February 6, 2006 130260 Hilaria Ramos Vda. de Brigino v. Dominador Ramos 153860 Valeriano Cano v. Sps. Vicente and Susan Jumawan 160871 Triad Security & Allied Services, Inc. v. Silvestre Ortega, Jr. February 9, 2006 140102 Union Industries, Inc. v. Gaspar Vales 157696-97 Maricalum Mining Corporation v. Hon. Arturo Brion February 20, 2006 168052 Poseidon Fishing v. NLRC 146653 Westmont Pharmaceuticals, Inc. v. Ricardo Samaniego February 22, 2006 168719 Philippine Carpet Employees Association v. Hon. Patricia Sto. Tomas February 27, 2006 157307 Agustin Rivera v. Nemesio David

41 43 44

47 48

51 54

56

165546

Social Security System v. Rosanna Aguas

DARAB Jurisdiction; Tenancy Death Benets; Dependents; Dependent Spouse Retrenchment; Backwages CARP; Exemption

60

61

February 28, 2006 149138 TPI Philippines Cement Corporation v. Benedicto Cajucom, VII 159654 Nicanor Santos Development Corporation v. Hon. Secretary, DAR 154286 Magdalena Corua v. Saturnino Cinamin

64 66

P.D. No. 27; 68 Emancipation Patent

viii

March 3, 2006 160854 Big AA Manufacturer v. Eutiquio Antonio Regular Employees; 70 Independent Contractor; Abandonment March 6, 2006 150198 Dominador Perez v. The Medical Dismissal; Social 72 City General Hospital Justice 162957 United Kimberly-Clark Employees Union- Collective 74 Philippine Transport General Workers Bargaining Organization v. Kimberly- Clark Agreement Philippines March 10, 2006 154101 EJR Crafts Corporation v. Hon. Court Article 128(b); 77 of Appeals Factual Findings 160509 Mercury Drug Corporation v. Zenaida Loss of Trust and 79 Serrano Condence; TwinNotice Requirement 162233 Rolando Casimiro v. Stern Real Appeal Bond; 82 Estate, Inc. Retrenchment 165476 Agripino Molina v. Pacic Plans, Inc. Loss of Trust and 85 Condence; Loyalty March 14, 2006 159119 Atty. Andrea Uy v. Amalia Bueno Jurisdiction; Labor 88 Arbiter; EmployerEmployee Relationship March 23, 2006 144449 Francisco Jimenez v. Court of Appeals Disability 90 Compensation 167716 Premiere Development Bank v. Loss of Trust and 93 Elsie Escudero Mantal Condence March 24, 2006 141371 Edna Abad v. Roselle Cinema Illegal Dismissal; 95 Abandonment 148089 Jaime Barrios v. Employees Disability 98 Compensation Commission Compensation; Diabetic Nephropathy 163782 Light Rail Transit Authority v. Jurisdiction; 101 Perfecto Venus, Jr. GOCC; Illegal Dismissal; Return to Work Order 165545 SSS v. Teresita Jarque Vda. de Bailon SSS 104 March 28, 2008 169632 University of San Agustin Employees Strike; Assumption 105 Union-FFW v. The Court of Appeals of Jurisdiction; Grievance Machinery ix

March 30, 2006 164518 Industrial Timber Corporation v. Virgilio Ababon March 31, 2006 153817 Nolito Solmayor v. Antonio Arroyo 166647 152616 155741 April 7, 2006 159354 Pag-asa Steel Works, Inc. v. Court of Appeals Philemploy Services and Resources, Inc. v. Anita Rodriguez Bartolome Pelayo v. Arema Shipping and Trading Co., Inc. Eastern Shipping Lines, Inc. v. Dioscoro Sedan

Nominal Damages 109

P.D. No. 27; 111 Agricultural Tenancy CBA; Wage Order 113 Probationary 116 Employment; Notice Disability Benets 118

Optional 120 Retirement; Financial Assistance Project Employees; 122 Regular Employees Certiorari; Project 124 Employees Employees 128 Compensation; Disability Compensation

April 10, 2006 141168 Abesco Construction and Development Corporation v. Alberto Ramirez 165910 Hanjin Engineering and Construction Co., Ltd. v. Court of Appeals 168821 Government Service Insurance System v. Jaime Valenciano

April 12, 2006 158268 Rhoda Castor-Garupa v. Employees Compensation Commission 158637

159887

164774

165934

Compensation 130 Benets; Increased Risk Theory Maricalum Mining Corp. v. Antonio Constructive 133 Decorion Dismissal; Preventive Suspension Bernardo Remigio v. NLRC Seafarer; POEA 135 Contract; Disability Benets Star Paper Corporation v. Ronaldo Simbol Management 140 Prerogative; Bona Fide Occupational Qualication United Philippine Lines, Inc. v. Seafarer; 145 Francisco Beseril Permanent Total Disability Dismissal 147

April 19, 2006 165727 Tower Industrial Sales v. Hon. Court of Appeals 165881 Oscar Villamaria, Jr. v. Court of Appeals

Employer-Employee 150 Relationship; Boundary-Hulog System

163269

Rolando Rivera v. Solid Bank Corporation Philippine Transmarine Carriers, Inc. v. John Melchor Laurente

158883

167639

167959

Republic of the Philippines v. Principalia Management and Personnel Consultants, Inc. Filipinas Systems, Inc. v. Ernesto Gatlabayan Kasapian ng Malayang Manggagawa sa Coca-Cola CFW Local v. The Hon. Court of Appeals

159828

Retirement; 152 Employment Ban; Reasonableness Seafarer; POEA 156 Standard Employment Contract; Disability Benets POEA; Suspension 158 of Documentation Processing Retrenchment; 160 Serious Business Losses CBA; Regular 162 Employees; Closure of Business; Notice Agricultural Tenancy EmployerEmployee Relationship CARP; Joint Production Agreement Managerial Employee; Managerial Staff CBA; Union Membership Illegal Dismissal; Burden of Proof 165

April 25, 2006 160614 Leonardo Dalwampo v. Quinocol Farmers April 26, 2006 139762 Radio Communications of the Philippines, Inc. v. Court of Appeals May 3, 2006 159089

167

159577

Islanders Carp-Farmers Beneciaries Multi-Purpose Cooperative, Inc. v. Lapanday Agricultural and Development Corporation Charlito Pearanda v. Baganga Plywood Corp.

169

172

May 4, 2006 151021 165664 May 5, 2006 140319

Cainta Catholic School v. Cainta Catholic School Employees Union Ligaya Machica v. Roosevelt Services Center, Inc. Rodolfo Hermoso v. C.L. Realty Corporation Heirs of Francisco Tantoco v. Court of Appeals PLDT Company, Inc. v. Rosalina Arceo Mercedita Acua v. Court of Appeals

174 177

149621 149985 159832

Farmer179 beneciaries; DARAB; Jurisdiction CARP; Just 183 Compensation Regular 188 Employment Illegal Dismissal; 190 Constructive Dismissal; Quitclaims

xi

161654 May 31, 2006 165486

Dusit Hotel Nikko v. Renato Gatbonton

Termination; 193 Probationary Period Salary Increase; 195 CBA; R.A. No. 6728; Appeal from Decision of Voluntary Arbitrator 198 200 202

CEU Faculty and Allied Workers Union-Independent v. Court of Appeals

June 8, 2006 143542 141637 164772 June 15, 2006 152459

Sime Darby Pilipinas, Inc. v. Alfredo Arquilla Romys Freight Service v. Jesus Castro

Dismissal; Quitclaim Dismissal; Abandonment Equitable Banking Corp. v. Ricardo Sadac Dismissal; Backwages Emelita Leonardo v. Court of Appeals EmployerEmployee Relationship CARP; Coverage

205

152640 167118

DAR v. Phil. Communications Satellite Corp. Manila Memorial Park Cemetry, Inc. v. Delia Panado

207

Dismissal; Willful 209 Breach of Trust and Condence; Gross Habitual Neglect of Duties COSLAP; Jurisdiction Loss of Condence; Willful Breach of Trust Contractual Employees; Seafarers Tenancy 212 214

June 16, 2006 168990 169299

Teresita Barranco v. Commission on Settlement of Land Problems Eastern Telecommunications Phils., Inc. v. Maria Charina Diamse

148130

Petroleum Shipping Ltd. v. NLRC

218

June 20, 2006 157491

Sps. Proceso Amurao v. Sps. Jacinto Villalobos

220

June 21, 2006 158190-91 Nissan Motors Phil., Inc. v. Secretary of Labor June 22, 2006 155395

Bargaining 222 Deadlock; Assumption Order Cancellation of 225 Union Registration

In Re: Petition for Cancellation of the Union Registration of Air Philippines Flight Attendants Association v. Bureau of Labor Relations xii

June 26, 2006 161694 166039 169973 June 27, 2006 143362 167813 147790

Pepito Velasco v. NLRC Digitel Telecommunications Phil., Inc. v. Mariquit Soriano Placewell International Services Corp. v. Ireneo Camote Cynthia Omalde v. Sps. Wilfredo Casuno Benjamin Sarocam v. Inter Orient Maritime Enterprise, Inc. Genuino Ice Co., Inc. v. Alfonso Magpantay

Reinstatement; 226 Separation Pay Resignation; 229 Sexual Harassment Overseas Migrant 230 Workers Act; Wages Emancipation 233 Patent; Ownership Release and 234 Quitclaim Just Cause; Neglect 236 of Duty; Willful Disobedience or Insubordination DARAB; 239 Agricultural Lease Illegal Strike 241 Emancipation Patent; Indefeasibility CARL; Right of Retention; Laches 243

June 30, 2006 140796 158075 159674

Purication Perez-Rosario v. Hon. Court of Appeals Philippine Diamond Hotel & Resort, Inc. v. Manila Diamond Hotel Samuel Estribillo v. DAR

165073 July 14, 2006 150454 169136

Heirs of Juan Grio, Sr. v. DAR

245

GSP Manufacturing Corp. v. Paulina Cabanban Asiatic Development Corp. v. Wellington & Flordeliza Brogada Paulina Commander Realty, Inc. v. Freddie Fernandez

167945

Illegal Dismissal; 247 Abandonment SSS; Contributions; 248 Employer-Employee Relationship Employer249 Employee Relationship Just Dismissal; 250 Loss of Condence ULP; Strike; 253 Assumption of Jurisdiction by the Labor Secretary; Return-to-work Order Illegal Strike; 256 Liability of Strikers Tenancy 258

July 17, 2006 157619 144315

C.F. Sharp & Co., Inc. v. Renato Zialcita Philcom Employees Union v. Philippine Global Communications

150437 July 20, 2006 143598

Sukothai Cuisine & Restaurant v. Court of Appeals Epitacio Sialana v. Mary Avila xiii

152843 166594

Intercontinental Broadcasting Corp. v. Reynaldo Benedicto Ciudad Fernandina Food Corporation Employees Union-Associated Labor Unions v. Hon. Court of Appeals Adelaida Aquino v. Social Security System Sps. Tan Sing Pan v. Republic of the Philippines

Appeal Bond; 260 Backwages Appeal; Perfection; 263 Appeal Bond

July 21, 2006 149256 149114

147993

Enriquez Security Services, Inc. v. Victor Cabotaje

SSS; Compensation Cadastral Proceedings; Jurisdiction; Publication Requirement Retirement Pay Law; Retroactive Application Illegal Dismissal; Reinstatement; Backwages

265 267

269

July 25, 2006 142937

Philippine Amusement and Gaming Corporation v. Beatriz La Victoria

271

July 27, 2006 148157

Sps. Lubina Caliwag-Carmona v. Hon. Court of Appeals L.C. Ordoez Construction v. Imelda Nicdao Mario Suan v. Court of Appeals

149669 150819 July 31, 2006 147593 159333

Landholding; 274 Certicate of Land Transfer Termination; 276 Abandonment NLRC Rules of 278 Procedure Illegal Dismissal; Moral Damages EmployerEmployee Relationship Dismissal; Authorized Cause; Serious Misconduct ECC; GSIS Reinstatement Pending Appeal Management Prerogative Pilferage Abandonment 280 282

Geronimo Quadra v. Court of Appeals Arsenio Mendiola v. Court of Appeals

164376

NLRC v. Ma. Bernadette Salgarino

286

166556 GSIS v. Luz Baul August 7, 2006 148247 Air Philippines Corporation v. Enrico Zamora August 9, 2006 145848 Nagkahiusang Namumuo sa DASUCECO-National v. Davao Sugar Central Co., Inc. 153824 Bernabe Falco v. Mercury Freight International 160769 City Trucking Inc. v. Antonio Balajadia xiv

290 293

295

296 298

August 10, 2006 146964 Rosa Rodolfo v. People of the Philippines 149074 Asian Terminals, Inc. v. Danilo Marbella

Illegal Recruitment Termination; Just Cause Seafarers; Dismissal; Assumption of Responsibility Death Benets; Entitlement CBA Issue; Retirement Plan

301 303

August 15, 2006 166363 Skippers United Pacic, Inc. v. Jerry Maguad

305

August 22, 2006 154386 GSIS v. Ernesto Villamayor 158930-31 Union of Filipro Employees-Drug v. Nestle Philippines, Inc. August 29, 2006 162240 RCBC v. Leonardo Bithao 150429 Roberto Famanila v. The Court of Appeals

310 313

155150

Emelita Ramirez v. NLRC

Waiver and 316 Quitclaims Money Claims; 319 Waiver and Quitclaims; Prescription Dismissal; 321 Serious Misconduct; Willful Disobedience Overseas 322 Employment; Recruitment Agents; Solidary Liability Unfair Labor 324 Practice Dismissal; Loss of Trust and Condence Dismissal; Compromise Agreements Constructive Dismissal EmployerEmployee Relationship Appeal to NLRC 326

August 30, 2006 149285 Godofredo Morales v. Skills International Co.

164561

Cathay Pacic Steel Corporation v. Hon. Court of Appeals

August 31, 2006 149013 House of Sara Lee v. Cynthia Rey

160913

Eurotech Hair Systems, Inc. v. Antonio Go Roque Dator v. University of Sto. Tomas Angelina Francisco v. NLRC

330

169464 170087

332 334

September 5, 2006 154463 Cebu Metal Corporation v. Gregorio Rober Saliling xv

337

166421

Philippine Journalists, Inc. v. NLRC

Compromise Agreements

339

September 11, 2006 146930 Rommel Bearneza v. NLRC September 12, 2006 148931 Cathay Pacic Airways, Ltd. v. Philip Luis Marin 168931 Paulino Aliten v. U-Need Lumber & Hardware

NLRC; Final and 342 Executory Decisions Probationary Employee; Due Process Abandonment; Twin-Notice Requirement 343

346

September 13, 2006 165465 Loida Malabago v. NLRC

Salvador Bunagan v. Sentinel Watchman & Protective Agency, Inc. September 19, 2006 139940 Arellano University Employees and Workers Union v. Court of Appeals 152214 Equi-Asia Placement, Inc. v. Department of Foreign Affairs

144376

Dismissal; Willful 348 Disobedience; Financial Assistance Perfection 350 of Appeal Unfair Labor Practice; Strike Recruitment and Placement; Repatriation of OFWs Dismissal; Willful Disobedience; Abandonment; Procedural Due Process 352 354

September 22, 2006 171703 Ace Promotion and Marketing Corporation v. Reynaldo Ursabia

356

September 26, 2006 164156 ABS-CBN Broadcasting Corporation v. Marlyn Nazareno September 27, 2006 132073 Remman Enterprises, Inc. v. Court of Appeals 161104 NYK-Fil Ship Management Inc. v. NLRC 166507 Amkor Technology Philippines v. Nory Juangco 167177 Estrella Baez v. De La Salle University

Regular Employees 359

CARP; Coverage

362

160863

Nelson Zagala v. Mikado Philippines Corp. xvi

Disability Benets 365 Illegal Dismissal; 367 Voluntary Resignation Preventive 368 Suspension; Dismissal; Serious Misconduct; Due Process Absenteeism; 371 Penalty

October 9, 2006 148261 Nenuca Velez v. Shangri-Las Edsa Plaza Hotel Asian International Manpower Services, Inc. v. Court of Appeals October 11, 2006 158620 Del Monte Philippines, Inc. v. Mariano Saldivar 169652

Dismissal; Loss of 373 Trust and Condence Termination; 376 OFW Union Security 379 Clause; Substantive Due Process; Jurisdiction of Voluntary Arbitrators Dismissal; 382 Serious Misconduct; Loss of Trust and Condence CARL; 384 Conversion of Lands Regular 388 Employment; Fixed Term Contracts Strike; Service of 390 Notice and Resolution Reinstatement; 392 Compromise Agreement Project and 396 Regular Employees Dismissal; 398 Closure of Business; Due Process Dismissal; 400 Insubordination Dismissal; 403 Closure of Business CARL Administrative Due Process Constructive Dismissal 406 409 412

162342

Jaime Ballao v. Court of Appeals

October 12, 2006 156965 Froilan de Guzman v. The Court of Appeals 162839 Innodata Philippines, Inc. v. Jocelyn Quejada-Lopez FEU-NRMF v. FEU-NRMF Employees Association-AFW

168362

October 17, 2006 156761 Lady Lydia Cornista-Domingo v. NLRC

159862

Hermonias Liganza v. RBL Shipyard Corp. Galaxie Steel Workers Union v. NLRC

165757

October 27, 2006 154532 Petron Corporation v. NLRC St. John Colleges, Inc. v. St. John Academy Faculty and Employees Union October 30, 2006 129165 Sps. Rodrigo Coloso v. Hon. Secretary Ernesto Garilao 164049 NS Transport Employees Association v. NS Transport Services, Inc. 171392 Ruperto Suldao v. Cimech System Construction xvii 167892

172062 172401

Lorenzo Ma. Aguilar v. Burger Machine Holdings Corporation Carlos Azul v. Banco Filipino Savings and Mortgage Bank

Constructive Dismissal Dismissal; Loss of Trust and Condence Illegal Strike; Liability of Union Ofcers and Members

413 416

October 31, 2006 158190-91 Nissan Motors Philippines, Inc. v. Secretary of Labor and Employment

417

November 2, 2006 154006 Star Paper Corporation v. Carlito Espiritu 160618 Dennis Sy v. Metropolitan Bank & Trust Co.

Constructive 419 Dismissal Dismissal; Fraud 421 and Willful Breach of Trust Certication 423 Election; Chartered Local; Supervisory Union Regular Employee; 425 Illegal Dismissal Labor Arbiter; Determination of Facts Labor-only Contracting Interpretation in Favor of Labor Regular and Project Employees Permanent Disability 428

November 20, 2006 157117 Coastal Subic Bay Terminal, Inc. v. DOLE

169295-96 Remington Industrial Sales Corporation v. Erlinda Castaneda November 22, 2006 142351 St. Martin Funeral Homes v. NLRC

148490 162308

7K Corporation v. NLRC

430 433

G & M Philippines, Inc. v. Romil Cuambot November 24, 2006 155645 PLDT, Inc. v, Mayor Ylagan

436

Robert Cabuyoc v. Inter-Orient Navigation Shipmanagement, Inc. November 27, 2006 158707 Community Rural Bank of San Isidro (N.E.), Inc. v. Ysagani Paez November 28, 2006 143219 Asian Terminals, Inc. v. Renato Villanueva 150402 Eparwa Security and Janitorial Services, Inc. v. Liceo de Cagayan University November 29, 2006 148500-01 Times Tranportation Co., Inc. v. NLRC xviii

166649

439

Just Cause; 442 Loss of Trust and Condence Reinstatement 445

Contractors and 447 Principals; Solidary Liability Illegal Strike 449

November 30, 2006 161115 Dole Philippines, Inc. v. Medel Esteva

Sps. Iluminada and Cirilo Capitle v. Fortunata Elbambuena 166833 Felixberto Cubero v. Laguna West Multi-Purpose Cooperative, Inc. December 6, 2006 143527 United Field Sea Watchman and Checkers Agency v. Willie Requillo 147566 San Miguel Corporation v. NLRC 153193 Pamplona Plantation Company v. Ramon Acosta

169193

Labor-only Contracting; Regular Employment CARP; Farmer Beneciaries DAR; Jurisdiction

451

460 461

154628

Estrellita Salazar v. Philippine Duplicators, Inc.

170132

GSIS v. Kapisanan ng mga Manggagawa sa GSIS

Appeal; 464 Reglementary Period Regular Employee 465 Employer468 Employee Relationship; Illegal Dismissal Dismissal; Twin470 Notice; Notice of Hearing or Conference Strike; 474 Government Employees Desertion Strike 476 480

December 14, 2006 153031 PCL Shipping Lines, Inc. v. NLRC December 19, 2006 155679 Biex Phils., Inc. Labor Union v. Filex Industrial and Manufacturing Corporation December 27, 2006 162447 Anabelle Muaje-Tuazon v. Wenphil Corporation

Managerial 482 Employees; Grounds for Dismissal; Loss of Trust and Condence

xix

TABLE

OF

CASES

LEGAL ETHICS
DATE/ CASE NO. TITLE TOPIC/ISSUE PAGE

January 23, 2006 A.C. No. Valeriana Dalisay v. Atty. Melacio 5655 Mauricio, Jr. A.C. No. Leticia Gonzales v. Atty. Marcelino 6836 Cabucana A.M. No. Ariel Avila v. Justice Andres Reyes, Jr. 01-34-CA-J A.M. No. Re: Anonymous Complaint Against Ms. 2004-35-SC Rowena Marinduque

A.M. No. Leonora Bitoon v. Judge Lorinda MTJ-05Toledo-Mupas 1598 A.M. No. Jesusa Odonel Genil v. Judge MTJ-06Rogaciano Rivera 1619 A.M. No. Ofce of the Court Administrator RTJ-05v. Judge Florentino Alumbres 1965 January 24, 2006 A.M. No. Atty. Lelu Contreras v. Teresita P-05-2040 Monge A.M. No. Leonida Pablejan v. Teresita Calleja P-06-2102 January 25, 2006 A.C. No. Roberto Soriano v. Atty. Manuel Dizon 6792 A.M. No. P-05-2038 A.M. No. P-99-1337 141962 Atty. Jose Ricuerdo Flores v. Felix Falcotel Teresa Gonzales Lao and Co., Inc. v. Sheriff Jadi Hatab Danilo Dumo v. Erlinda Espinas

Attorney-Client Relationship Lawyers; Conict of Interests Justices; Delay in Resolving a Case Court Employees; Falsication of DTRs; Simple Negligence Judges; Gross Ignorance of Law Judges; Gross Ignorance of Law

487 489 492 494

496

499

Judges; Delay in 501 Rendering Decisions

Clerks of Court; Duty Conduct Unbecoming of a Court Employee

503 505

Lawyers; 507 Disbarment; Moral Turpitude Sheriffs; Simple 510 Neglect of Duty Judicial Clemency 512 Judges; Inhibition 514

xx

January 27, 2006 A.M. No. Re: Alleged Illegal Acquisition 05-5-05of a Career Service Eligibility by CA Ma. Aurora Santos A.M. No. Judge Luis Enriquez Reyes v. Erlinda P-05-2027 Cabrera

Court Employees; Duty

517

A.C. No. 5649 A.M. No. MTJ-061622 A.M. No. RTJ-041825 A.M. No. 05-8-226MeTC A.M. No. P-02-1536 A.M. No. P-04-1791

Dandy Quijano v. Geobel Bartolabac Enrique Abadesco, Jr. v. Judge Jaime Rafer Ofce of the Court Administrator v. Judge Felix Gaudiel, Jr. Re: Absence Without Ofcial Leave of Mr. Bernardo Conde Margarita Amor v. Isaias Leyva Raul Sesbreo v. Lorna Igonia

Clerks of Court; 519 Fiduciary Collection; Gross Negligence; Serious Misconduct Arbiters; Canon 1; 520 Rule 1.01 Judges; 522 Misconduct; Impropriety Judges; Gross 524 Inefciency Court Employees; AWOL Sheriffs; Simple Misconduct Court Employees; Simple Neglect of Duty Lawyers; Lifting of Suspension Lawyers; Serious Misconduct; Issuing Unfunded Checks Sheriffs; Refusal to Perform Duty Judges; Gross Inefciency 526

527 529

A.C. No. Ricardo Foronda v. Atty. Arnold Guerrero 5469 January 30, 2006 A.C. No. Philippine Amusement and Gaming 5700 Corporation v. Atty. Dante Carandang

531

532

January 31, 2006 A.M. No. Conrado Cobarrubias v. Arniel Apostol P-02-1612 A.M. No. Report on the Judicial Audit Conducted RTJ-05in the RTC-Br. 47, Urdaneta City 1968 152072 Romeo Roxas v. Antonio de Zuzuarregui

534 536

A.M. No. 05-8-233MTC A.M. No. P-02-1660 A.M. No. Judge Joselito Salvador v. Romacito Clerks of Court; P-06-2104 Serrano Dishonesty A.M. No. Manuel Rafols, Jr. v. Judge Teodoro Dizon Judges; Bribery RTJ-98-1426 xxi

Lawyers; Contingent Fees Re: Financial Report on the Financial Court Employees; Audit Conducted at the MTC of Dishonesty; Midsayap, North Cotabato Misconduct Judge Eliseo Geolingo v. Nicolas Albayda Sheriff; Duty

537 539

541 542 544

February 6, 2006 A.C. No. Crisanta Jimenez v. Atty. Joel Jimenez 6712 A.M. No. Consuelo Vda. de Castro v. Judge Alfonso MTJ-02Cawaling 1465 A.M. No. Sinfroso Ang v. Arniel Cruz P-04-1822

Lawyers; Disbarment Judges; Gross Inefciency

546 547

Court Employees; 548 Conduct Prejudicial to the Best Interest of Service Notary Public 550

February 9, 2006 A.C. No. Victorina Bautista v. Atty. Sergio Bernabe 6963 February 10, 2006 A.M. No. Gary Rosauro v. Judge Alfredo Kallos RTJ-03-1796 A.M. No. P-05-1987 Dr. Erwin Fonghe v. Cynthia BajariasCartilla

Judges; Code of Judicial Conduct; Impropriety Clerks of Court; Delay in Transmitting Records

552

554

February 13, 2006 A.M. Cristeta Orla v. Estifana Arellano P-06-2110 A.C. No. Robert Francis Maronilla v. 6973 Atty. Efren Jorda A.M. No. Adelaida Escobar Vda. de Lopez v. Atty. P-04-1786 Analiza Luna A.M. No. Re: Judicial Audit of the RTC-Br. 14, RTJ-05Zamboanga City 1950 February 16, 2006 A.M. No. Letter of Atty. Socorro Villamer-Basilla 04-6-313-RTC 158895 Sps. Thelma Abrajano v. Heirs of Augusto Salas 160445 Jose Teolo Mercado v. Security Bank Corp. February 17, 2006 A.M. No. Report on the Financial Audit on the 05-11-320- Books of Accounts of Mr. Deln Polido MCTC February 22, 2006 A.M. No. Erlinda Varcas v. Judge Rafael Orola, Jr. MTJ-05-1615 February 23, 2006 A.C. No. Quirino Tomlin II v. Atty. Salvador 6971 Moya II xxii

Court Employees; 556 Conduct Lawyers; Misuse 558 of Court Processes Clerks of Court; 560 Sheriffs; Neglect of Duty Judges; Delay in 563 Rendering Decisions

Sheriffs; Simple Misconduct Inhibition Lawyers; Contempt Clerks of Court; Fiduciary Collections Judges; Gross Ignorance of Law Lawyers; Gross Misconduct

565 566 567

569

570

571

February 27, 2006 A.C. No. John Siy Lim v. Atty. Carmelito Montano 5653 A.C. No. Sps. David and Marisa Williams v. 6353 Atty. Rudy Fernandez A.C. No. Eduardo Meneses v. Atty. Rodolfo 6651 Macalino February 28, 2006 A.M. No. Ofce of the Court administrator v. Judge MTJ-02Ricardo Liwanag 1440

Lawyers; Canon 12 Lawyers; Gross Ignorance of Law Attorney-Client Relationship Court Employees; Gross Misconduct and Gross Negligence; Inefciency and Incompetence Judges; Administrative Complaint Judges; Gross Ignorance of Law

573 574 575

577

A.M. No. MTJ-051609 A.M. No. MTJ-051608 March 6, 2006 A.C. No. 6986 A.M. No. 05-4-213RTC A.M. No. P-05-2023 March 10, 2006 A.M. No. P-05-2050. A.C. No. 5921 A.M. No. P-06-2131 A.M. No. P-06-2133 A.M. No. P-03-1684 March 14, 2006 A.C. No. 6155 A.M. No. RTJ-051893 169517

Trinidad Lachica v. Judge Rosabella Tormis Bernardo Betoy, Sr. v. Judge Mamerto Coliores

580

581

Julius Agustin v. Atty. Enrique Empleo

Canons 12 and 18

583 585

Report on the Judicial Audit Conducted Judges; Gross in the RTC Br. 55, Hmamaylan City, N. O. Inefciency Ofce of the Court Administrator v. Analiza Breta Ofce of the Court Administrator Atty. Marta Cunanan Judge Ubaldino Lacurom v. Atty. Ellis Jacoba Rosalinda Pesongco v. Ernesto Estoya Ricardo Manaysay v. Pepito Samaniego Peter Donton v. Edgardo Loria Dishonesty

586

Habitual Tardiness 588 Respect Due to Courts Sheriffs Failure to Pay Just Debts Simple Misconduct 589 591 594 595

Ma. Gina Francisco v. Atty. Jaime Juanito Portugal Ofce of the Court Administrator v. Hon. Marietta Legaspi Rogelio Tan v. Benedicto Balajadia

Gross Negligence; 596 Attorney-Client Relationship Gross Inefciency 599

Unauthorized Practice of Law

601

xxiii

March 17, 2006 A.M. No. MTJ-061626 March 21, 2006 A.M. No. RTJ-051966 March 23, 2006 A.M. No. 200520-SC 163986 A.M. No. P-06-2139

Julianito Salvador v. Judge Manuel Limsiaco, Jr.

Unjust Judgment; Gross Ignorance of the Law Judges; Gross Ignorance of Law

603

Imelda Enriquez v. Judge Anacleto Caminade

604

Re: Violation of Administrative Circular No. 14-2002 by Mr. Geminiano Perez Romulo Deles v. Hon. Pepito Gellada Security Bank Corporation v. Romeo Gnzalbo

Habitual Tardiness 606

Lawyers; 608 Clemency Sheriff; Neglect of Duty; 608 Incompetence Disbarment; Gross 610 Misconduct Withdrawal of Counsel 613

March 24, 2006 A.C. No. Gisela Huyssen v. Atty. Fred Gutierrez 6707 March 28, 2006 145213 Jimmy Go. v. Hon. Zeus Abrograr March 30, 2006 A.C. No. 7023 A.M. No. 06-2-43MTC A.M. No. MTJ-041542 A.C. No. 6160 March 31, 2006 A.M. No. 2005-27-SC A.M. No. RTJ-021719

Bun Siyong Yao v. Atty. Leonardo Aurelio Fiduciary Duty Re: Financial Audit on the Books of Accounts of Ms. Laura Delantar Atty. Vicente de Asis v. Judge Arturo Doronila Dishonesty

615 617

Nestor Perez v. Atty. Danilo de la Torre

Gross Misconduct; 619 Willful NonCompliance with Court Orders Conict of 620 Interests Court Employees; AWOL Delay in Rendering Judgment; Wearing of Black Robe; Lawyers; Intemperate Language Unlawful Conduct; Conict of Interests Deceitful Conduct 622 623

Re: Dropping from the Rolls of Ms. Carolyn Arcangel Atty. Jose Tiongco v. Judge Adriano Savillo

A.C. No. 6705 A.C. No. 5417

Ruthie Lim-Santiago v. Atty. Carlos Sagucio Amador Malhabour v. Atty. Albert Sarmiento xxiv

626 629

A.M. No. Re: Absence Without Ofcial Leave 06-2-96of Mr. Basria Abbas RTC A.M. No. Estrella Barba v. Judge Rosita Salazar MTJ-06-1630 A.M. No. Ofce of the Court Administrator RTJ-99v. Judge Florentino Floro 1460 126980 Sally Bellosillo v. The Board of Governors April 5, 2006 A.M. No. 04-6-332RTC

AWOL

631

Impropriety; 632 Canon 2 Misconduct; 634 Mental Impairment or Psychosis Lawyers; 644 Administrative Proceedings Gross Neglect of Duty 646

Report on the Judicial Investigation Conducted on the Alleged Spurious Bailbonds and Release Orders Issued by the RTC, Br. 27, Sta. Cruz, Laguna Theodore Britanico v. Judge Wenie Espinosa Ofce of the Court Administrator v. Normalyn Nacuray

April 7, 2006 A.M. No. MTJ-041568 A.M. No. P-03-1739

Gross Misconduct

649

Gross Dishonesty and Grave Misconduct Dishonesty; Falsication of Public Documents AWOL

650

April 19, 2006 A.M. No. Re: Anonymous Complaint Against 2005Mr. Rodel Gabriel 18-SC A.M. No. Absence Without Ofcial Leave P-06-2159 of Edwin Carrobo A.M. No. Re: Failure of Jose Dante Guerrero 2005to Register His Time In and Out in the 07-SC Chronolog Time Machine on Several Dates April 25, 2006 A.M. No. OCA v. Judge Lourdes Garcia-Blanco RTJ-05-1941 April 26, 2006 A.M. No. Augustus Gonzales v. Judge Antonio RTJ-06Bantolo 1993 A.M. No. Cristeta Orla v. Estifana Arellano P-06-2110 A.M. No. Concerned Trial Lawyers of Manila RTJ-05v. Judge Lorenzo Veneracio 1920 April 29, 2006 A.M. No. Judge Domingo San Jose, Jr. v. Robert P-06-2158 Camurongan

652

654

Dishonesty; 656 Habitual Tardiness

Gross Inefciency

658

Delay in Resolving 660 a Motion Borrowing Money 661 from a Subordinate Misconduct; Gross 663 Inefciency

Court Personnel; 665 Grave Misconduct; Thievery

xxv

May 2, 2006 A.C. No. 4285 A.C. No. 5246 A.M. OCA IPI No. 0697-CA May 3, 2006 121404

Florencia Somosot v. Atty. Elias Pontevedra Edgardo Perea v. Atty. Ruben Almadro Normandy Bautista v. Associate Justice Hakim Abdulwahid

Canons 16, 17 and 18 Neglect of Duties Gross Ignorance of the Law

667 669 670

Aniceto Salud, Jr. v. Court of Appeals

A.C. No. 4809 May 4, 2006 A.C. No. 4676 A.C. No. 6656 A.M. No. 05-5-268 A.M. No. MTJ-061632 May 5, 2006 162130-39

Sps. William Adecer v. Atty. Emmanuel Akut Sps. Antonio Soriano v. Atty. Reynaldo Reyes Bobie Rose Frias v. Atty. Carmelita Bautista-Lozada Re: Spurious Certicate of Eligibility of Tessie Quires Leonardo Landayan v. Judge Romeo Quilantang

Administrative Proceedings; Condentiality Duty of Diligence

672

674

Disbarment; Gross 677 Negligence Administrative 679 Complaints; Prescription Dishonesty 680 Gross Ignorance of the Law 682

People of the Philippines v. Hon. Justice Gregory Ong

Inhibition

684

May 31, 2006 A.M. No. Sps. Roman Tiples, Jr. v. Evelyn P-05-2039 Montoyo A.M. No. Re: Dishonesty and/or Falsication 2005of Public Documents of Mr. Rogelio 22-SC Valdesco June 8, 2006 A.M. No. Pedro Obesa v. Judge Jose Nacional MTJ-05-1605 June 15, 2006 A.C. No. 5303

Misconduct Dishonesty

686 688

Conduct Unbecoming of a Judge Conict of Interests; Withdrawal as Counsel Notarial Register; Notary Public Conduct Prejudicial to the Interest of Service

689

Humberto Lim, Jr. v. Atty. Nicanor Villarosa

691

A.C. No. 5377 A.M. No. P-06-2171

Victor Lingan v. Atty. Romeo Calubaquib Leilani Nacionales v. Sheryll Madlangbayan

694 696

xxvi

A.M. No. RTJ-061969 June 16, 2006 A.C. No. 6288 June 20, 2006 A.M. No. P-04-1816

Atty. Hugolino Balayon, Jr. v. Judge Oscar Dinopol

Gross Ignorance of the Law

698

Marili Ronquillo v. Atty. Homobono Cesar Eusebio Baron v. Emiladie Ancan

Disbarment; Suspension

700

Moonlightning; 701 Conduct Prejudicial to the Interest of Service Abuse of Authority; 703 Contempt Power Grave Misconduct 705

June 21, 2006 A.M. No. John Panaligan v. Judge Francisco Ibay RTJ-06-1972 A.M. No. Laura Mabini v. Eustacio Raga P-06-2150 June 26, 2006 A.M. No. Grace Munsayac de Villa v. Judge Antonio RTJ-05Reyes 1925 A.M. No. Sps. Errol and Teresita Pan v. Albert P-03-1678 Salamat A.M. No. Re: Report on the Financial Audit P-06-2140 Conducted in the MTCC-OCC Angeles City June 27, 2006 A.M. No. Judge Plenio dela Pea v. Rogelio Sia P-06-2167 A.C. No. Peter Donton v. Atty. Manuel Tansingco 6057 A.M. No. Alberto Abogado, Jr. v. Ferdinand Gurtiza SB-04-12-P A.M. No. Marites Tam v. Judge Jocelyn Regencia MTJ-05-1604 A.M. No. Re: Report on the Financial Audit P-06-2177 Conducted on the Books of Accounts of Atty. Raquel Kho A.M. No. P-06-2183 A.M. No. RTJ-051903 July 17, 2006 A.M. No. RTJ-062008 Absence Without Ofcial Leave of Alberto Monsanto P/C Insp. Marcelo Dayag v. Judge Teodora Gonzales

Disciplinary 707 Action; Prohibited Practice Misconduct 711 Custodians of 712 Court Funds; Gross Negligence and Dishonesty Misconduct Notary Public; Malpractice Misconduct Gross Inefciency Custodian of Court Funds; Gross Misconduct AWOL Malicious Prosecution 714 716 717 719 722

723 725

Atty. Romeo Roxas v. Judge Antonio Eugenio

Gross Ignorance of the Law

727

xxvii

July 20, 2006 A.C. No. 5542 A.M. No. 03-10-05SC

Dayan Sta. Ana Christian Neighborhood Association, Inc. v. Atty. Napoleon Espiritu Re: Request of Assistant Court Administrator for Upgrading of Their Rank, Salary and Privileges Upon Effectivity of R.A. No. 9282

Disbarment

729

R.A. 9282; CTA

731

July 21, 2006 A.C. No. Elsa Mondejar v. Atty. Vivian Rubia 5907/5942 July 25, 2006 A.C. No. Zoilo Antonio Velez v. Atty. Leonard 6697 de Vera

Disbarment; Notarial Practice Foreign Judgment on Disciplinary Sanction; IBP Presidency Fiduciary Relationship Misconduct Impartiality

734

736

A.C. No. David Almendarez, Jr. v. Minervo 7057 Langit A.M. No. Jerlyn Lanuza v. Janet Cepe P-06-2174 A.M. No. Ramon Calo v. Judge Godofredo Abul, Jr. RTJ-06-1996 July 27, 2006 A.M. No. Jose Tiongco v. Judge Evelyn Salao RTJ-06-2009 A.M. No. Notan Lumbos v. Judge Marie Ellengrid RTJ-06-1641 Baliguat A.C. No. Atty. Miniano dela Cruz v. Atty. Teodorico 6850 Diesmos A.C. No. Mar Yuson v. Atty. Jeremias Vitan 6955 July 28, 2006 A.M. No. Benito Moncada v. Judge Alden Cervantes MTJ-06-1639 July 31, 2006 A.M. No. Angelina Sarmiento v. Judge Yolanda MTJ P-06- Leonardo 1644 A.M. No. Atty. Alexander Bansil v. Nelson de Leon P-05-2035 A.C. No. Noriel Michael Ramientas v. Atty. Jocelyn 7055 Reyala August 3, 2006 A.M. No. Editha Santuyo v. Herberto Benito P-05-1997 A.M. No. Felicidad Palabrica v. Atty. Cilia Faelnar P-06-2025 xxviii

743 745 747

Gross Ignorance; Misconduct Administrative Liability Disbarment

749 752 754

Disbarment; Gross 757 Misconduct; Willful Dishonesty Negligence; Liability Administrative Liability Sheriff; Simple Misconduct IBP; Motion for Reconsideration Gross Neglect of Duty Clerks of Court 760

762

764 765

767 769

A.M. No. Judge Eleuteria Badoles-Algodon v. P-04-1818 Rene Zaldivar August 4, 2006 A.M. No. Ignacio Maylas, Jr. v. Judge Manuel Sese RTJ-06-2012 A.M. No. Leonardo Rivera v. Judge Bernabe RTJ-06-2013 Mendoza August 7, 2006 A.M. No. Imelda Enriquez v. Judge Olegario RTJ-06Sarmiento, Jr. 2011 A.M. No. Leticia Resurreccion v. Rustico P-04-1783 Ibuna, Jr. 168384 Charles Bernard Reyes v. Antonio Yulo Balde II August 9, 2006 A.C. No. Atty. Orlando Dizon v. Atty. Marichu 6968 Lambino A.M. No. Francisco Martillano v. Sheriff Manuel P-06-2134 Arimado August 10, 2006 A.M. No. Alberto Guinto v. Judge Rodrigo Flores MTJ-02-1399 August 11, 2006 A.M. No. Ofce of the Court Administrator MTJ-RTJ- v. Judge Florentino Floro 99-1460 August 15, 2006 A.M. No. Albert dela Pea v. Iluminado Huelma P-06-2218 August 16, 2006 A.M. No. Rolando Gaspar v. Judge Luisito Adaoag MTJ-04-1565 A.M. No. Equitable PCI Bank, Inc. v. Judge Celso RTJ-06-2001 Lavia August 22, 2006 A.C. No. Arturo Sampana v. Atty. Edgardo Angara 5839 A.M. No. In Re: Transfer of Venue of All Ilussorio 03-6Cases from the RTC of Baguio City 349-RTC to Metro Manila August 23, 2006 155224 Vinson Pineda v. Atty. Clodualdo de Jesus A.C. No. St. Louis University High School Faculty 6010 and Staff v. Atty. Rolando dela Cruz August 28, 2008 A.M. No. Arcely Santos v. Judge Ubaldino Lacurom RTJ-04-1823 xxix

Gross Neglect of Duty Error of Judgment Disciplinary Actions Gross Ignorance of the Law Misconduct Motion for Inhibition Upholding the Constitution Misconduct

771

774 776

779

781 782

785 787

Serious Misconduct

789

Incapacity to 791 Discharge Judicial Duties Administrative Liability Duties of Judges Duties of Judges 792

794 796

Disbarment Transfer of Cases; Inhibition of Judges Professional Fees Disbarment; Immoral Conduct Inhibition; Pro Se Practice

798 800

802 804

807

A.M. No. Maria Raquel Bajar v. Victoriano P-06-2151 Baterisna August 29, 2006 A.M. No. Ruth Collado v. Adonis Sevidal P-05-2073 August 30, 2006 A.M. No. Judge Crispin Bravo v. Atty. Miguel P-05-1950 Morales

Disrespect

810

Performance of Judicial Functions

812

Abuse of Authority; 814 Grave Misconduct; Conduct Unbecoming of a Public Ofcer Administrative Liability Lawyers; Duties Lawyers; Duties Dishonesty 816 819 821 823

August 31, 2006 A.M. No. Atty. Victoriano Muring, Jr. v. CA-05-19-P Atty. Manuel Gatcho A.C. No. Luzviminda Lijauco v. Atty. Rogelio 6317 Terrado A.C. No. Atty. Leon Asa v. Atty. Pablito Castillo 6501 A.M. No. Re: Audit Report on Attendance of Court P-04-1838 Personnel of RTC Br. 32, Manila A.M. No. Oriel Gonzales v. Arnaldo Cabigao P-06-2194 153650 Fidel Amarillo, Jr. v. The People of the Philippines September 5, 2006 A.M. No. Romeo Sanchez v. Judge Quintin Alaan MTJ-04-1570 166849 Rolando Juani v. Roberto Alarcon 173940 Tomas Tan & CST Enterprises, Inc. v. IBP Commision on Bar Discipline

Simple Misconduct 825 Inhibition of Judges Gross Inefciency 827

828

Negligence of 830 Counsel Disbarment; 832 Jurisdiction of IBP Commission on Bar Discipline; Condentiality of Proceedings Grossly Immoral Conduct 834

September 7, 2006 A.C. No. Catherine Joie Vitug v. Atty. Diosdado 6313 Rongcal September 8, 2006 A.C. No. Leticia Adrimisin v. Atty. Rolando Javier 2591 September 11, 2006 A.C. No. Aquilino Pimentel, Jr. v. Atty. Vitaliano 4517 Fabros A.M. No. Re: Letter Dated February 21, 2005 05-3-04-SC of Atty. Noel Sorreda

Moneys and 837 Properties in Trust Duty of Lawyers 839 in the Government Service Respect Due to 840 Courts and Court Ofcials

xxx

Felomino Mendoza, Jr. v. Annalee Navarro Guenter Bach v. Ongkiko Kalaw Manhit & Accorda Law Ofces September 13, 2006 A.C. No. Plus Builders, Inc. v. Atty. Anastacio 7056 Revilla, Jr. September 15, 2006 A.C. No. Renato Maligaya v. Atty. Antonio 6198 Doronilla, Jr. 148456 Pio Grande v. University of the Philippines September 19, 2006 A.C. No. Orlando Angelo Santos v. Atty. Ma. 5395 Viviane Cacho-Calicdan A.C. No. Simon Paz v. Atty. Pepito Sanchez 6125 September 26, 2006 A.C. No. Renerio Sambajon v. Atty. Jose Suing 7062 A.M. No. Ofce of the Court Administrator P-01-1499 v. Atty. Marilou Dureza-Aldevera September 27, 2006 A.C. No. Ramon Gonzalez v. Atty. Arnel Alcaraz 5321 October 9, 2006 A.C. No. Jocelyn Saquing v. Atty. Noel Mora 6678 October 17, 2006 A.M. No. Busilac Builders, Inc. v. Judge Charles RTJ-03Aguilar 1809 A.M. No. Tirso Mariano v. Judge Zeida Aurora RTJ-06Garn 2024

A.M. No. P-05-2034 160334

Conduct of Court Employees Attorneys Fees

841 843

Duty to the Court; Practice of Law

846

Unethical Conduct; 849 Suspension Negligence of 850 Counsel Disbarment; 851 Evidence Required Lawyers Oath; 853 Conict of Interests Diligence Required 855 in Practice of Law Duty of Clerks 857 of Court; Judicial Funds Misconduct 860

Notarization 862 Without Commission Inhibition of Judges 864

Duties of Judges, 867 Lawyers and Clerks of Court; Presumption of Regularity Gross Inefciency of Judges; Duty of Court Ofcials Gross Inefciency 869

October 19, 2006 A.M. No. Re: Report on the Judicial Audit 06-4-220- Conducted in the Regional Trial Court RTC October 23, 2006 A.M. No. Atty. Jesus de Vega v. Judge Fatima RTJ-06Asdala 1997 October 27, 2006 A.M. No. Carmelita Chiong v. Sherwin Baloloy P-01-1523 xxxi

872

Duty of Court Employees

874

A.M. No. Re: Anonymous Complaint v. Angelina P-05-2063 Casareno-Rillorta October 30, 2006 A.C. No. Robert Francis Maronilla v. Atty. Efren 6973 Jorda A.M. No. Elpidio Sy v. Edgar Esponilla P-06-2261 November 2, 2006 A.M. No. Re: Report on the Judicial Audit and 06-4-219- Physical Inventory of Cases in the RTC RTC Br. 54, Bacolod November 16, 2006 A.C. No. Estela Anastacio-Briones v. Atty. Alfredo 6266 Zapanta

Gross Misconduct

876

Gross Ignorance of the Law Duties of Clerks of Court Delay in Disposition of Cases; Simple Neglect of Duty

878 880

881

A.C. No. Dahlia Gacias v. Atty. Alexander 7280 Bulauitan A.M. No. Nicolas Paclibar v. Renan Pamposa P-03-1737 A.M. No. National Bureau of Investigation v. Judge MTJ-03Luisito Adaoag 1503 November 20, 2006 A.C. No. Maria Divina Cruz-Villanueva v. 7123 Atty. Carlos Rivera November 22, 2006 A.M. No. Re: Lost Checks Issued to the Late 2005-26-SC Roderick Roy Melliza A.C. No. Johnny Ng v. Atty. Benjamin Alar 7252 November 24, 2006 A.M. No. Rockland Construction Co., Inc. v. Judge RTJ-06Mariano Singzon, Jr. 2002 November 27, 2006 A.M. No. Judge Leonardo Carreeon v. Eric Anthony P-05-1979 Ortega A.M. No. Ligaya Reyes v. Mario Pablico P-06-2109 of Duty November 29, 2006 A.M. No. Sps. Arthur and Leonora Stilgrove P-06-2257 v. Eriberto Sabas November 30, 2006 A.C. No. Aileen Ferancullo v. Atty. Sancho 7214 Feranculo, Jr. xxxii

Negligence of 884 Counsel; Withdrawal of Counsel Dishonesty and 886 Grave Misconduct Misconduct 888 Serious Misconduct 889

Notarial Law; 891 Moneys and Properties in Trust Dishonesty and Misconduct Canon 8 and 11 893 897

Gross Ignorance of the Law

900

Simple Neglect of Duty Simple Neglect

901 903

Grave Abuse of Authority Grossly Immoral Conduct

904

908

A.M. No. Sps. Trel and Lina Umale v. Judge MTJ-06Nicolas Fadul. Jr. 1660 A.M. No. PNB Management and Development P-03-171 Corporation v. Carmelo Cachero A.M. No. Nydia Servino v. Ma. Mawilynn P-06-2204 Concepcion Adolfo A.M. No. Encarnacion Flores v. Romeo P-06-2266 Gatcheco, Jr. A.M. No. Fortune Life Insurance Company, RTJ-05Inc. v. Judge Jimmy Luczon 1901 December 6, 2006 A.M. No. Re: Report on the Judicial Audit P-06-2172 Conducted in the RTC Br. 134, Makati City A.C. No. Marcos Prieto v. Atty. Oscar Corpuz 6517 A.M. No. Romel Flores v. Juan Marquez P-06-2277 A.M. No. Saga Design, Inc. v. Atty. Emeline P-06-2244 Cabahug December 13, 2006 A.M. No. Mary Ann Ito v. Eric de Vera P-01-1478 December 19, 2006 A.C. No. Rosemarie Hsieh v. Atty. Salvador 6128 Quimpo A.M. No. P-06-2124 Report on the Status of the Financial Audit Conducted in the RTC, Tarlac City

Prompt 911 Disposition of Cases Grave Misconduct 913 Dishonesty Duty of Court Employees Gross Ignorance of the Law 915 916 918

Duties of Clerks of Court Filing of Complaints Neglect of Duty Simple Neglect of Duty Improper Conduct

919

920 922 924

925

A.M. No. P-06-2284

Engracio Escarinas, Jr. v. Gary Lawas

Lawyers Lien; Fiduciary Relationship Liability for Loss, Shortage, Destruction or Impairment of Funds Habitual Absenteeism and Unreasonable Tardiness Duties of a Court Stenographer

928

929

931

December 20, 2006 A.M. No. Ofce of the Court Administrator P-06-2269 v. Edgardo Montalla

933

xxxiii

TABLE

OF

CASES

MERCANTILE LAW
DATE/ CASE NO. TITLE TOPIC/ISSUE PAGE

January 24, 2006 157481 Loadstar Shipping Co., Inc. v. Pioneer Insurance Corp. January 27, 2006 164958 Sy Chim v. Sy Siy Ho & Sons, Inc.

Common Carrier; Voyage Charter Management Committtee; Imminent Danger; Independent Auditor Contract of Adhesion; Burden of Proof Liability of Corporate Ofcers; P.D. No. 115 Proximate Cause Margin Trading

937

939

DBP Pool of Accredited Insurance Companies v. Radio Mindanao Network, Inc. February 6, 2006 164317 Alfredo Ching v. The Secretary of Justice

147039

943

946

February 27, 2006 144723 Larry Estacion v. Noe Bernardo 160016 Abacus Securities Corporation v. Ruben Ampil February 28, 2006 132284 Telengtan Brothers & Sons, Inc. v. United States Lines, Inc.

949 952

168696

Ma. Lutgarda Calleja v. Jose Pierre Panday

House/House 957 ContainersShippers Load, Stowage and Count Intra-Corporate 959 Controversies; Jurisdiction; Quo Warranto Stocks; Membership Dues; Receiver Veil of Corporate Fiction 962

March 6, 2006 129406 Republic of the Philippines v. Sandiganbayan March 24, 2006 163782 Light Rail Transit Authority v. Pefecto Venus, Jr. xxxiv

964

March 31, 2006 159938 Shangri-La International Hotel Management, Ltd. v. Developers Group of Companies, Inc. April 7, 2006 159457 National Power Corporation v. Philippine Electric Plant Owners Association May 2, 2006 156978 Aboitiz Shipping Corporation v. New India Assurance Company, Ltd. 146918 Citibank, N.A. v. Sps. Luis Cabamongan June 8, 2006 160191

Trademark; R.A. No. 166

966

Energy Regulatory Board

971

Doctrine of Limited 974 Liability Banks; Fiduciary 976 Duty Patent and Trademark; Ownership Sequestered Shares; Voting Rights Liquidation and Closure Receivership 978

Twin Ace Holding Corp. v. Runa & Company

June 9, 2006 172556

Trands Middle East v. Sandiganbayan

980

June 15, 2006 152551 June 20, 2006 128464 157671 151890/ 151991 June 23, 2006 152613

General Bank and Trust Co. v. Central Bank of the Philippines Rev. Luis Ao-as v. The Hon. Court of Appeals Danilo Punongbayan v. Perfecto Punongbayan, Jr. Prudential Guarantee and Assurance Inc. v. Trans-Asia Shipping Lines, Inc. Apex Mining Co., Inc. v. Southeast Mindanao Gold Mining Corp.

982

985

Management 987 Committee Marine Insurance; 989 Breach of Warranty Doctrine of Piercing the Corporate Veil Trademark; Infringement 992

June 27, 2006 158589 June 30, 2006 164801

Philip Morris, Inc. v. Fortune Tobacco Corp. PNB v. Heirs of Estanislao Militar

993

167270 July 17, 2006 141667

PNB v. Helen Joyce Campos

Banks; Mortgagee; 997 Purchasers in Good Faith Banks; Fiduciary 1000 Duty Legislative 1001 Franchise; Public Service Act; Revenue Regulation

Republic of the Philippines v. International Communications Corp.

xxxv

July 20, 2006 154131 July 21, 2006 150416

Securities and Exchange Commission v. Performance Foreign Exchange Corp. Seventh Day Adventist Conference Church of Southern Phil., Inc. v. Northeastern Mindanao Mission of Seventh Day Adventist, Inc. Eastern Shipping Lines, Inc. v. N.V. The Netherlands Insurance Company Coastal Pacic Trading, Inc. v. Southern Rolling Milk, Inc.

SEC; Cease and Desist Order De Facto Corporation

1004

1006

July 27, 2006 146472

Common Carriers; 1008 Presumption of Negligence Directors; Duties 1009

July 28, 2006 118692

August 4, 2006 150959 United Paragon Mining Corporation v. Court of Appeals August 17, 2006 153468 Paul Lee Tan v. Paul Sycip

Corporation; Powers

1014

165382

Union Bank of the Philippines v. Securities and Exchange Commission

Corporation; Dead 1016 Member-trustees; Quorum Jurisdiction Over 1020 Intra-Corporate Cases Corporate Loans Checks; Material Alteration 1022 1024

August 22, 2006 150350 Koji Yasuma v. Heirs of Cecilio de Villa September 5, 2006 129910 The International Corporate Bank, Inc. v. Court of Appeals September 8, 2006 147791 Construction Development Corporation of the Philippines v. Rebecca Estrella 169334 Leticia Miranda v. Philippine Deposit Insurance Corporation

Insurance; Notice 1026 of Claim New Central 1028 Bank Act; Disputed Claims Holder in Due 1030 Course; Extraordinary Diligence Required of Banks Unfair Competition Piercing the Veil of Corporate Fiction 1032

September 15, 2006 156207 Equitable PCI Bank v. Rowena Ong

October 27, 2006 164605 Caterpillar, Inc. v. Manolo Samson October 30, 2006 171392 Ruperto Suldao v. Cimech System Construction, Inc.

1034

xxxvi

October 31, 2006 146313 Florencio Orendain v. BF Homes, Inc.

Jurisdiction Over 1035 Intra-corporate Controversies Liabilities of 1039 General Indorsers; Irregular Indorsement Secrecy of Bank Deposits Law; Coverage and Exception 1041

November 29, 2006 156294 Melva Theresa Alviar Gonzales v. Rizal Commercial Banking Corporation

November 30, 2006 157294-95 Joseph Victor Ejercito v. Sandiganbayan

December 6, 2006 154469 Metropolitan Bank and Trust Company v. Renato Cabilzo December 18, 2006 140687 China Banking Corporation v. Hon. Court of Appeals 158261 In Re: Petition for Assistance in the Liquidation of the Rural Bank of Bokod, Inc., Philippine Deposit Insurance Corporation v. Bureau of Internal Revenue

Material 1044 Alteration; Liability of Drawee Secrecy of 1048 Foreign Currency Deposits Involuntary 1051 Dissolution; Distribution of Assets; Tax Clearance

xxxvii