Recent Cases Penned by Justice Carpio-Morales

Santos-Concio v. DOJ, 29 Jan 2008 precisely intended to assist the parties in obtaining just,
Remedial expeditious, and inexpensive settlement of labor disputes.
One such rule is the requirement for the submission of
A complaint for purposes of conducting a preliminary verified position papers within fifteen days from the date
investigation differs from a complaint for purposes of of the last conference, after which, the parties may not
instituting a criminal prosecution. There should be no allege and present evidence on any new matter. The
confusion about the objectives, since preliminary general prayer for “other reliefs” is applicable to those
investigation is conducted precisely to elicit further facts which are warranted by the law and facts alleged in the
or evidence. Being generally inquisitorial, the preliminary basic pleadings and not on a newly created issue.
investigation stage is often the only means of discovering
the persons who may be reasonably charged with a crime, When an employee, despite repeated warnings from the
to enable the preparation of a complaint or information. employer, obstinately refuses to curtail a bellicose
inclination such that it erodes the morale of co-employees,
As clearly worded in Section 3 Rule 112, the complaint is the same may be a ground for dismissal for serious
not entirely the affidavit of the complainant, for the misconduct. Acts destructive of the morale of one’s co-
affidavit is treated as a component of the complaint. The employees may be considered serious misconduct.
phraseology recognizes that all necessary allegations need
not be contained in a single document. It is unlike a
criminal "complaint or information" where the averments Nicolas v. Sandiganbayan, 11 Feb 2008
must be contained in one document charging only one Remedial
offense, non-compliance with which renders it vulnerable
to a motion to quash. A demurrer to evidence is an objection by one of the
parties in an action to the effect that the evidence which his
adversary produced is insufficient in point of law to make
PLDT v. CIR, 31 Jan 2008 out a case or sustain the issue. The party filing the
Taxation demurrer in effect challenges the sufficiency of the
prosecution's evidence. The Court is thus tasked to
Tax refunds, like tax exemptions, are construed strictly ascertain if there is competent or sufficient evidence to
against the taxpayer and liberally in favor of the taxing establish a prima facie case to sustain the indictment or
authority, and the taxpayer bears the burden of establishing support a verdict of guilt.
the factual basis of his claim for a refund. It is incumbent
on PLDT as a claimant for refund on behalf of each of the
separated employees to show that (1) each employee DBP v. Teston, 14 Feb 2008
received the income payments as part of gross income and Remedial, Political, Civil
(2) the fact of withholding (Section 32(B) 6 (b) of the
National Internal Revenue Code). The concept of restitution as a consequence of rescission
presupposes that the requirements of due process are
followed. To require DBP to return the alleged
Silkair v. CIR, 6 Feb 2008 P1,000,000 without first giving it an opportunity to present
Taxation evidence would violate the Constitutional provision that
"[n]o person shall be deprived of life, liberty, or property
The proper party to question, or seek a refund of, an without due process of law.”
indirect tax is the statutory taxpayer, the person on whom
the tax is imposed by law and who paid the same even if As DBP further contends, the Court of Appeals based its
he shifts the burden thereof to another. order for the refund of P1,000.000 on documents
submitted before it. These documents, however, were not
The exemption granted under Section 135 (b) of the NIRC only mere photocopies but were never formally offered in
of 1997 and Article 4(2) of the Air Transport Agreement evidence, contrary to the provision sof Section 3 of Rule
between RP and Singapore cannot, without a clear 130 and Section 3 of Rule 132 of the Rules of Court.
showing of legislative intent, be construed as including
indirect taxes. Statutes granting tax exemptions must be
construed in strictissimi juris against the taxpayer and Hanjin v. Judge, 29 Feb 2008
liberally in favor of the taxing authority, and if an Remedial, Criminal
exemption is found to exist, it must not be enlarged by
construction. Motion for reconsideration as condition precedent for the
filing of a petition for certiorari under Rule 65; exceptions.

People v. Gandia, 6 Feb 2008 In violations of R.A. No. 3019 committed prior to the
Remedial EDSA Revolution, the government as the aggrieved party
could not have known of the violations at the time the
An appeal taken by one or more of several accused shall questioned transactions were made. Moreover, no person
not affect those who did not appeal, except insofar as the would have dared to question the legality of those
judgment of the appellate court is favorable and applicable transactions. Thus, the counting of the prescriptive period
to the latter. commenced from the date of discovery of the offense after
an exhaustive investigation by the Presidential Ad Hoc
Committee on Behest Loans.
Citibank v. NLRC, 6 Feb 2008
Labor The Court will not interfere with the Ombudsman’s
determination as to the existence or non-existence of
While it is true that the Rules of the NLRC must be probable cause except if there is grave abuse of discretion.
liberally construed and that the NLRC is not bound by the
technicalities of law and procedure, the Labor Arbiters and Elements of violations of Section 3(e) and (g) of RA 3019.
the NLRC itself must not be the first to arbitrarily
disregard specific provisions of the Rules which are
Yamamoto v. NLII, 16 Apr 2008 The petition was filed as a petition for certiorari under
Mercantile, Civil Rule 65 but it contains a rider averring that it was filed
also as a petition for review on certiorari under Rule 45.
Yamamoto, whom some of the officers of NLII want to RULING: A party should not join both petitions in one
kick out of said corporation, was advised in a letter that, pleading. A petition cannot be subsumed simultaneously
before he gets out, he could reacquire the machinery which under Rule 45 and Rule 65, nor may it delegate upon the
he contributed to NLII, provided that the value of said court the task of determining under which rule the petition
machines would be deducted from his capital contribution. should fall. The remedies of appeal and certiorari are
The advice was followed by a request for Yamamoto to mutually exclusive and not alternative or successive.
give his "comments on all the above, soonest." RULING:
Promissory estoppel does not lie against respondents
because what was proffered to Yamamoto was not a China v. Co, 17 Sept 2008
promise, but a mere offer, subject to his acceptance. Remedial
Without acceptance, a mere offer produces no obligation.
Requisites for a writ of preliminary injunction: (a) the
The mere ownership by a single stockholder of even all or invasion of the right sought to be protected is material and
nearly all of the capital stocks of a corporation is not by substantial; (b) the right of the complainant is clear and
itself a sufficient ground to disregard the separate unmistakable; and (c) there is an urgent and permanent
corporate personality. The elements of the applicability of necessity for the writ to prevent serious damage. Since a
the doctrine of piercing the veil of corporate fiction must preliminary mandatory injunction commands the
first be proven. performance of an act, it does not preserve the status quo
and is thus more cautiously regarded than a mere
Under the trust fund doctrine, the capital stock, property, prohibitive injunction. Accordingly, the issuance of a writ
and other assets of a corporation are regarded as equity in of preliminary mandatory injunction is justified only in a
trust for the payment of corporate creditors which are clear case, free from doubt or dispute.
preferred over the stockholders in the distribution of
corporate assets. The distribution of corporate assets and
property cannot be made to depend on the whims and Ang v. CA, 29 Sept 2008
caprices of the stockholders, officers, or directors of the Civil
corporation unless the indispensable conditions and
procedures for the protection of corporate creditors are In declaring that he owned and had clean title to the
followed. vehicle at the time the Deed of Absolute Sale was forged,
Soledad gave an implied warranty of title. In pledging that
he "will defend the same from all claims or any claim
Tan v. PCIB, 23 Apr 2008 whatsoever [and] will save the vendee from any suit by the
Criminal government of the Republic of the Philippines," Soledad
gave a warranty against eviction.
Elements of a violation of BP 22. The prescriptive period to file a breach of an implied
warranty is six months after the delivery of the vehicle,
The total amount of the dishonored checks issued by following Art. 1571.
petitioner was more than fully satisfied prior to Requisites of a breach of the warranty against eviction in
respondent’s letter of demand. Such payment of the Article 1547.
dishonored checks obliterated the criminal liability of
petitioner. Penal statutes are construed strictly against the Calamba v. NLRC, 25 Nov 2008
State and liberally in favor of the accused. And since penal Labor
laws should not be applied mechanically, the Court must
determine whether the application of the penal law is Participation in a strike and intransigence to a return-to-
consistent with the purpose and reason of the law. In the work order must be duly proved in order to justify
present case, it finds in the negative. immediate dismissal in a "national interest" case. There is
nothing in the records that would bear out Dr. Lanzanas'
actual participation in the strike. The medical director's
OCA v. Judge, 30 Apr 2008 Memorandum is more than a general directive to all union
Ethics officers and members to return-to-work. Mere
membership in a labor union does not ipso facto mean
The Court finds that respondent is guilty of gross participation in a strike.
discourtesy in the course of official duties for failure to
accord respect for the person and rights of the Judge. The Dr. Merceditha’s dismissal was worse, it having been
belligerence he showed to the Judge, reflected in his letter effected without any just or authorized cause and without
to the Judge which was presented as evidence—a case of observance of due process. In fact, petitioner never
res ipsa loquitur—betrays his below-par conduct as a court proferred any valid cause except its view that "her
employee. marriage to [Dr. Lanzanas] has given rise to the
presumption that her sympath[y] [is] with her husband;
[and] that when [Dr. Lanzanas] declared that he was going
People v. Custodio, 4 Apr 2008 to boycott the scheduling of their workload by the medical
Remedial, Civil doctor, he was presumed to be speaking for himself [and]
for his wife.”
A rape victim is also entitled to an award of exemplary
damages as it was proven, although not alleged in the The circulation of a watchlist containing names of alleged
informations, during the trial that the use of deadly weapon union members intended to prevent employment of
attended the commission of each of the crimes. While workers in other hospitals (or other companies) constitutes
such circumstance cannot be appreciated for the purpose of unfair labor practice, thereby giving a right of action for
fixing a heavier penalty, it can be considered as basis for damages by the employees prejudiced.
an award of exemplary damages.

PNB v. Deang, 8 Dec 2008

Ortega v. SSC, 25 Jun 2008 Remedial
Remedial
A motion for extension of time to file a pleading must be
filed before the expiration of the period sought to be The Court reaffirms the principle that even if the order of
extended. The court's discretion to grant a motion for reinstatement of the Labor Arbiter is reversed on appeal, it
extension is conditioned upon such motion's timeliness, the is obligatory on the part of the employer to reinstate and
passing of which renders the court powerless to entertain pay the wages of the dismissed employee during the period
or grant it. of appeal until reversal by the higher court. It settles the
view that the Labor Arbiter's order of reinstatement is
immediately executory and the employer has to either re-
Altres v. Empleo, 10 Dec 2008 admit them to work under the same terms and conditions
Remedial prevailing prior to their dismissal, or to reinstate them in
the payroll, and that failing to exercise the options,
For the guidance of the bench and bar, the Court restates in employer must pay the employee’s salaries. However, the
capsule form the jurisprudential pronouncements employee may be barred from collecting the accrued
respecting non-compliance with the requirements on, or wages, if it is shown that the delay in enforcing the
submission of defective, verification and certification reinstatement pending appeal was without fault on the part
against forum shopping: of the employer, such as when the employer is under
corporate rehabilitation.
1) Non-compliance with the requirement on or submission
of defective verification is distinct from non-compliance
with the requirement on or submission of defective People v. Antonio, 20 Jan 2009
certification against forum shopping. Remedial

2) As to verification, non-compliance therewith or a defect For a rape victim’s supposed Affidavit of Desistance to
therein does not necessarily render the pleading fatally warrant a new trial, it must deny the truth of her complaint,
defective. The court may order its submission or not merely seek the withdrawal of appellant’s prosecution.
correction or act on the pleading if the attending Her statement that there is no sufficient basis for her father
circumstances are such that strict compliance with the Rule to be convicted of rape and it is unjust to convict her father
may be dispensed with in order that the ends of justice may and let him suffer ("walang sapat na batayan at hindi
be served thereby. makatarungan na mahatulan at magdusa ang aking amang
si Elpidio Antonio") is just a legal conclusion.
3) Verification is deemed substantially complied with
when one who has ample knowledge to swear to the truth
of the allegations in the complaint or petition signs the Spouses v. Dizon, 21 Jan 2009
verification, and when matters alleged in the petition have Civil
been made in good faith or are true and correct.
The presumption of equitable mortgage is not conclusive.
4) As to certification against forum shopping, non- It may be rebutted by competent and satisfactory proof of
compliance therewith or a defect therein, unlike in the contrary. Here, ample evidence supports petitioners’
verification, is generally not curable by its subsequent claim that the transaction between them and respondent
submission or correction thereof, unless there is a need to was one of sale with option to repurchase. While after the
relax the Rule on the ground of "substantial compliance" sale of the property respondent remained therein, her stay
or presence of "special circumstances or compelling was not in the concept of an owner. Also, considering that
reasons." the assessed value of the land and its improvements at the
time of the sale was P29,850, the P550,000 purchase price
5) The certification against forum shopping must be signed is not inadequate.
by all the plaintiffs or petitioners in a case; otherwise,
those who did not sign will be dropped as parties to the
case. Under reasonable or justifiable circumstances, Macasero v. , 30 Jan 2009
however, as when all the plaintiffs or petitioners share a Labor
common interest and invoke a common cause of action or
defense, the signature of only one of them in the An illegally dismissed employee is entitled to two separate
certification against forum shopping substantially complies and distinct reliefs: backwages and reinstatement. In
with the Rule. instances where reinstatement is no longer feasible because
of strained relations between the employee and the
6) The certification against forum shopping must be employer, separation pay in lieu of reinstatement is
executed by the party-pleader, not by his counsel. If, granted. The normal consequences of respondents’ illegal
however, for reasonable or justifiable reasons, the party- dismissal, then, are reinstatement without loss of seniority
pleader is unable to sign, he must execute a Special Power rights, and payment of backwages computed from the time
of Attorney designating his counsel of record to sign on his compensation was withheld up to the date of actual
behalf. reinstatement. Where reinstatement is no longer viable,
separation pay equivalent to 1 month salary for every year
of service should be awarded. The payment of separation
Madrigalejos v. Geminilou, 24 Dec 2008 pay is in addition to payment of backwages.
Labor

Constructive dismissal is a cessation of work because People v. Corpuz, 30 Jan 2009

continued employment is rendered impossible, Remedial, Criminal
unreasonable or unlikely; when there is a demotion in rank
or diminution in pay or both; or when a clear The supposed stepfather-stepdaughter relationship between
discrimination, insensibility, or disdain by an employer appellant and AAA, was alleged in each of the
becomes unbearable to the employee. The test of Informations. This relationship as a qualifying
constructive dismissal is whether a reasonable person in circumstance presupposes that the victim’s mother and the
the employee's position would have felt compelled to give accused contracted marriage. The prosecution, however,
up his job under the circumstances. did not present proof that AAA’s mother and appellant did
contract marriage. What appellant claimed is that they are
merely common-law spouses ("live-in" partners), which
Garcia v. PAL, 20 Jan 2009 could also qualify the offense but only if the same is
Labor alleged in each of the Informations and proven at the trial.
The appellate court thus correctly held that appellant taking of cash or personal property which is not a motor
committed 6 counts of simple rape. vehicle.

RFM v. Kasapian, 4 Feb 2009 La Rosa v. Ambassador, 13 Mar 2009

Labor Labor

If the terms of a CBA are clear and have no doubt upon the Abandonment is a matter of intention and cannot lightly be
intention of the contracting parties, as the literal meaning inferred or legally presumed. Two requisites must concur:
thereof shall prevail. As such, the daily-paid employees (1) the employee must have failed to report for work or
must be paid their regular salaries on the holidays which must have been absent without valid or justifiable reason;
are so declared by the national government, regardless of and (2) there must have been a clear intention on the part
whether they fall on rest days, per the CBA. If the parties of the employee to sever the employment relationship as
intended the provision in question to cover payment only manifested by some overt acts. The second element is the
during holidays falling on work or weekdays, it should more determinative factor. Abandonment as a just ground
have been so incorporated therein. for dismissal thus requires clear, willful, deliberate, and
unjustified refusal of the employee to resume employment.
Mere absence or failure to report for work, even after
Central v. Citytrust, 4 Feb 2009 notice to return, is not tantamount to abandonment.
Mercantile

The contract between the bank and its depositor is Quesada v. CA, 13 March 2009
governed by the provisions of the Civil Code on simple Remedial
loan. The depositor lends money to the bank and the
bank agrees to pay the depositor on demand. The savings The relief that should be granted to the judgment creditor-
deposit agreement between the bank and the depositor is plaintiff in a complaint for revival of a judgment depends
the contract that determines the rights and obligations of upon the contents of the judgment in said complaint, and
the parties. not on what was granted in the judgment sought to be
revived.
The law imposes on banks high standards in view of the
fiduciary nature of banking, which standards are deemed
written into every deposit agreement. Somer v. International, 13 March 2009
Mercantile, Civil

MERALCO v. Hsing, 12 Feb 2009 While Opinions issued by the SEC are not binding upon
Criminal the courts, they have a persuasive effect.

MERALCO admitted that no police officer or ERB A private corporation going to the aid of a sister
representative was present during the inspection, removal corporation acts for the best interest of both corporations
and subsequent replacement of the electric meters alleged for in doing so, the two are enhancing, boosting, and
to have been tampered with, hence, the requirement of the promoting a common interest, the interest of "family"
law was not complied with – a lapse fatal to MERALCO’s owning both corporations. Also, Courts are loathe to
cause. It also did not present the allegedly tampered overturn decisions of the management of a corporation in
meters. By such failure, the allegations of meter tampering the conduct of its business via its Board of Directors.
are unsubstantiated.
The ratification and/or approval by the corporation of the
acts of its agents/officers may be ascertained through the
Pan v. Peña, 13 Feb 2009 acquiescence in his acts of a particular nature, with actual
Political or constructive thereof, whether within or beyond the
scope of his ordinary powers.
A reorganization "involves the reduction of personnel,
consolidation of offices, or abolition thereof by reason of Equity rule: if one maintains silence when, in conscience
economy or redundancy of functions." It alters the he ought to speak, equity will debar him from speaking
existing structure of government offices or units therein, when, in conscience, he ought to remain silent.
including the lines of control, authority and responsibility
between them to make the bureaucracy more responsive to
the needs of the public clientele as authorized by law. It Westmont v. Inland, 23 Mar 2009
could result in the loss of one’s position through removal Mercantile
or abolition of an office. A reorganization, however, must
pass the test of good faith, otherwise it is void ab initio. The general rule remains that, in the absence of authority
from the board of directors, no person, not even its
officers, can validly bind a corporation. If a corporation,
People v. Dela Cruz, 24 Feb 2009 however, consciously lets one of its officers, or any other
Remedial, Criminal agent, to act within the scope of an apparent authority, it
will be estopped from denying such officer’s authority. A
Any oral or documentary evidence is hearsay if its corporation should first prove by clear evidence that its
probative value is not based on the personal knowledge of corporate officer is not in fact authorized to act on its
the witnesses but on the knowledge of some other person behalf before the burden of evidence shifts to the other
who was never presented on the witness stand, because it party to prove, by previous specific acts, that an officer
is the opportunity to cross-examine which negates the was clothed by the corporation with apparent authority.
claim that the matters testified to by a witness are hearsay.

Convicted for both robbery and carnapping, appellant Motorola v. Ambrocio, 30 Mar 2009
argues that even if the allegation on the loss of some cash Labor
were true, the same should be absorbed in carnapping
since carnapping and robbery have the same element of Not only was there a considerable delay of 11 days beyond
taking with intent to gain. Carnapping refers specifically the 15-day reglementary period; no explanation therefor
to the taking of a motor vehicle. It does not cover the was proffered by respondents. That respondents numbered
more than a hundred does not, per se, justify the relaxation
of procedural rules. The unexplained delay in the filing of
their MR before the appellate court is not just an excusable
technical lapse. More importantly, it is a jurisdictional
defect which rendered the Resolution sought to be
reconsidered final and executory.

Virgen v. Barraquio, 16 Apr 2009

Labor

Resignation is defined as the voluntary act of an employee

who finds himself in a situation where he believes that
personal reasons cannot be sacrificed in favor of the
exigency of the service and he has no other choice but to
disassociate himself from his employment.

Bacolod v. Dela Cruz, 30 Apr 2009

Labor

On the twin-notice rule: The letter of suspension sent to

respondent did not comply with the required first notice,
the purpose of which is to apprise the employee of the
cause for termination and to give him reasonable
opportunity to explain his side. Neither did the
confrontation before the barangay council constitute as
first notice—to give the employee ample opportunity to be
heard with the assistance of counsel, if he so desires.
Hearings before the barangay council do not afford the
employee ample opportunity to be represented by counsel
if he so desires because the Local Government Code
mandates that "[i]n all katarungang pambarangay
proceedings, the parties must appear in person without the
assistance of counsel or his representatives, except for
minors and incompetents who may be assisted by their
next-of-kin who are not lawyers."

People v. Dioneda, 30 Apr 2009

Remedial

Forthright witnesses, such as the one here (a child), are not

immune from committing minor inaccuracies in their
narration of events. Trivial inconsistencies and
inconsequential discrepancies on minor details in the
testimonies of witness do not impair their credibility. They
could, in fact, be badges of truth for they manifest
spontaneity and erase any suspicion of a rehearsed
testimony. As long as the inconsistencies are immaterial
or irrelevant to the elements of the crime and do not touch
on material facts crucial to the guilt or innocence of the
accused as in the present case, these are not valid grounds
to reverse a conviction.