! "#$ &'(# )*+#(,- .'/0" .'1 '2) (0&*'. .#+*(.

',*02
REX CASE DIGEST
LABOR LAW AND
SOCIAL LEGISLATION
LABOR CODE
COMPREHENSIVE AGRARIAN REFORM LAW
SOCIAL SECURITY LAW
GSIS LAW
RETIREMENT LAW
MAGNA CARTA FOR HEALTH WORKERS
"#$ &'(# )*+#(, 3445
3
6 "#$ &'(# )*+#(,- .'/0" .'1 '2) (0&*'. .#+*(.',*02
6
Labor Laws; Preventive Suspension
The employer may place the worker concerned under preventive
suspension if his continued employment poses a serious and
imminent threat to the life or property of the employer or his
co-workers. However, when it is determined that there is no
suf!cient basis to justify an employee's preventive suspension,
the latter is entitled to the payment of salaries during the time
of 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 De-
cision of the Court of Appeals which af!rmed the earlier disposition of the
NLRC.
Renato Gatbonton, associate professor at the Faculty of Civil Engi-
neering at the Mapua Institute of Technology, was placed on preventive sus-
pension 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 academi-
cian. 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 il-
legality of the preventive suspension. Gatbonton appealed since the Labor Ar-
biter 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. Gatbonton`s preventive sus-
pension was illegal, but he is not entitled to damages.
Preventive suspension, de!ned. ÷ Preventive suspension is a disciplinary
measure for the protection of the company`s 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
"#$ &'(# )*+#(, 3445
7
continued employment poses a serious and imminent threat to the life or prop-
erty of the employer or of his co-workers. However, when it is determined
that there is no suf!cient basis to justify an employee`s 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, prescrib-
ing the procedures for the investigation of sexual harassment cases and the
administrative sanctions therefor.¨ Petitioner`s preventive suspension was
based on respondent MIT`s 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 Febru-
ary 23, 1999. In Tañada 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 differ-
ent 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 pur-
pose 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 peti-
tioner`s 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 assum-
ing that the Mapua Rules are applicable, the Court !nds that there is no suf-
!cient 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 com-
munity. In petitioner`s case, there is no indication that petitioner`s preventive
suspension may be based on the foregoing circumstances. Committee Resolu-
8 "#$ &'(# )*+#(,- .'/0" .'1 '2) (0&*'. .#+*(.',*02
tion No. 1 (Re: Preventive Suspension of Engr. Renato Gatbonton) passed by
the Committee on Decorum and Investigation states the reasons for petitioner`s
preventive suspension, xxx. Said resolution does not show that evidence of
petitioner`s guilt is strong and that the school head is morally convinced that
petitioner`s continued stay during the period of investigation constitutes a dis-
traction 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, petitioner`s preventive suspension
!nds no valid justi!cation. As provided in Section 8, Rule XXIII, Book V of
the Omnibus Rules Implementing the Labor Code: Sec. 8. Preventive Suspen-
sion. The employer may place the worker concerned under preventive suspen-
sion 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 employ-
ment poses a serious threat to the life or property of the employer or of his
co-workers; therefore, his preventive suspension is not justi!ed. Consequently,
the payment of wages during his 30-day preventive suspension, i.e., from Janu-
ary 11, 1999 to February 10, 1999, is in order.
Petitioner is not entitled to damages. ÷ With regard to petitioner`s claim
for damages, the Court !nds the same to be without basis. While petitioner`s
preventive suspension may have been unjusti!ed, 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 justi!ed sole-
ly upon the premise (otherwise suf!cient for redress under the Labor Code)
that the employer !red his employee without just cause or due process. Ad-
ditional facts must be pleaded and proven to warrant the grant of moral dam-
ages 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 dam-
ages 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-
iii
PUBLISHER’S 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 offer 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, effort and resources in
studying and researching case laws, as well as drafting court pleadings.
This publication is a fitting 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
find and introduce ways to develop more products, and to improve
on those we already have, that will suit your needs and give you your
money’s worth.
ATTY. DOMINADOR D. BUHAIN
President, REX Book Store, Inc.
iv
v
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 fifty-four (1,454) cases promulgated by the Supreme Court.
These decided cases were digested and thoroughly classified 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 fide
occupational qualification. The Court further ruled that to justify
a bona fide occupational qualification, the employer must prove that
the employment qualification 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 qualification
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 first-to-file 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 Staff
Maria Theresa P. Cabayan
vi
vii
TABLE OF CASES
LABOR LAW
DATE/ CASE NO. TITLE TOPIC/ISSUE PAGE
January 23, 2006
146779 Renato Gatbonton v. NLRC Preventive 3
Suspension
164876 Land Bank of the Philippines v. CARP; Just 6
Leonila Celada Compensation
168964 Bangko Sentral ng Pilipinas v. COA Retirement 9
Benefits
January 24, 2006
155146 Dr. Perla Postigo v. Philippine Retirement; Phil. 12
Tubercolosis Society, Inc. Tuberculosis Society
January 25, 2006
153750 Oriental Ship Management Co., Seafarers; 16
Inc. v. Hon. Court of Appeals Quitclaims;
Illegal Dismissal
161757 Sunace International Management Liability of 19
Services, Inc. v. NLRC Recruitment Agency;
Extension of Contract
164518 Industrial Timber Corporation v. Closure of Business 21
Virgilio Ababon Operations
January 27, 2006
A.C. No. Dandy Quijano v. Geobel Bartolabac Decisions 24
5649
166616 First Dominion Resources Willful 26
Corporation v. Mercurio Peñaranda Disobedience;
Management
Prerogative; Twin-
Notice Requirement
147719 Ha Yuan Restaurant v. NLRC Separation Pay; 28
Misconduct; Social
Justice
January 30, 2006
157133 Business Services of the Future Notice of Closure 30
Today, Inc. v. Court of Appeals
January 31, 2006
162401 Corazon Almirez v. Infinite Loop Employer-Employee 32
Technology Corporation Relationship; Control
Test; Salaries
viii
142358 Grand Placement and General Services Night Shift 34
Corporation v. Court of Appeals Differential
155359 Sps. Ponciano and Clemencia Aya-ay v. Death Benefits 35
ARPAPHIL Shipping Corp.
157028 Metropolitan Bank and Trust Company Illegal Dismissal; 37
v. Luis Barrientos Grave Misconduct;
Factual Findings
139159 Philippine Military Veterans Security Illegal Dismissal; 39
and Investigation Agency v. Court Loss of Trust and
of Appeals Confidence;
Separation
Pay; Backwages
February 6, 2006
130260 Hilaria Ramos Vda. de Brigino v. Implied Tenancy 41
Dominador Ramos
153860 Valeriano Cano v. Sps. Vicente and Susan Agricultural 43
Jumawan Tenancy
160871 Triad Security & Allied Services, Inc. v. Appeals; 44
Silvestre Ortega, Jr. Reinstatement;
Backwages
February 9, 2006
140102 Union Industries, Inc. v. Gaspar Vales Appeals; Doctrine 47
of Factual Findings
157696-97 Maricalum Mining Corporation v. Hon. Backwages; 48
Arturo Brion Quitclaims; Labor
Unions
February 20, 2006
168052 Poseidon Fishing v. NLRC Regular Employees 51
146653 Westmont Pharmaceuticals, Inc. Jurisdiction; 54
v. Ricardo Samaniego Constructive
Dismissals
February 22, 2006
168719 Philippine Carpet Employee’s Retrenchment 56
Association v. Hon. Patricia Sto. Tomas
February 27, 2006
157307 Agustin Rivera v. Nemesio David DARAB 60
Jurisdiction;
Tenancy
165546 Social Security System v. Rosanna Aguas Death Benefits; 61
Dependents;
Dependent Spouse
February 28, 2006
149138 TPI Philippines Cement Corporation v. Retrenchment; 64
Benedicto Cajucom, VII Backwages
159654 Nicanor Santos Development CARP; Exemption 66
Corporation v. Hon. Secretary, DAR
154286 Magdalena Coruña v. Saturnino Cinamin P.D. No. 27; 68
Emancipation Patent
ix
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 Confidence; Twin-
Notice Requirement
162233 Rolando Casimiro v. Stern Real Appeal Bond; 82
Estate, Inc. Retrenchment
165476 Agripino Molina v. Pacific Plans, Inc. Loss of Trust and 85
Confidence; Loyalty
March 14, 2006
159119 Atty. Andrea Uy v. Amalia Bueno Jurisdiction; Labor 88
Arbiter; Employer-
Employee
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 Confidence
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
x
March 30, 2006
164518 Industrial Timber Corporation v. Nominal Damages 109
Virgilio Ababon
March 31, 2006
153817 Nolito Solmayor v. Antonio Arroyo P.D. No. 27; 111
Agricultural Tenancy
166647 Pag-asa Steel Works, Inc. v. Court CBA; Wage Order 113
of Appeals
152616 Philemploy Services and Resources, Probationary 116
Inc. v. Anita Rodriguez Employment; Notice
155741 Bartolome Pelayo v. Arema Shipping Disability Benefits 118
and Trading Co., Inc.
April 7, 2006
159354 Eastern Shipping Lines, Inc. v. Optional 120
Dioscoro Sedan Retirement; Financial
Assistance
April 10, 2006
141168 Abesco Construction and Development Project Employees; 122
Corporation v. Alberto Ramirez Regular Employees
165910 Hanjin Engineering and Construction Certiorari; Project 124
Co., Ltd. v. Court of Appeals Employees
168821 Government Service Insurance Employees 128
System v. Jaime Valenciano Compensation;
Disability
Compensation
April 12, 2006
158268 Rhoda Castor-Garupa v. Employees’ Compensation 130
Compensation Commission Benefits; Increased
Risk Theory
158637 Maricalum Mining Corp. v. Antonio Constructive 133
Decorion Dismissal; Preventive
Suspension
159887 Bernardo Remigio v. NLRC Seafarer; POEA 135
Contract; Disability
Benefits
164774 Star Paper Corporation v. Ronaldo Simbol Management 140
Prerogative;
Bona Fide
Occupational
Qualification
165934 United Philippine Lines, Inc. v. Seafarer; 145
Francisco Beseril Permanent
Total Disability
April 19, 2006
165727 Tower Industrial Sales v. Hon. Dismissal 147
Court of Appeals
165881 Oscar Villamaria, Jr. v. Court of Appeals Employer-Employee 150
Relationship;
Boundary-Hulog
System
xi
163269 Rolando Rivera v. Solid Bank Retirement; 152
Corporation Employment Ban;
Reasonableness
158883 Philippine Transmarine Carriers, Seafarer; POEA 156
Inc. v. John Melchor Laurente Standard Employment
Contract; Disability
Benefits
167639 Republic of the Philippines v. Principalia POEA; Suspension 158
Management and Personnel of Documentation
Consultants, Inc. Processing
167959 Filipinas Systems, Inc. v. Ernesto Retrenchment; 160
Gatlabayan Serious Business
Losses
159828 Kasapian ng Malayang Manggagawa CBA; Regular 162
sa Coca-Cola CFW Local v. The Hon. Employees; Closure
Court of Appeals of Business; Notice
April 25, 2006
160614 Leonardo Dalwampo v. Quinocol Agricultural 165
Farmers Tenancy
April 26, 2006
139762 Radio Communications of the Employer- 167
Philippines, Inc. v. Court of Appeals Employee
Relationship
May 3, 2006
159089 Islanders Carp-Farmers Beneficiaries CARP; Joint 169
Multi-Purpose Cooperative, Inc. v. Production
Lapanday Agricultural and Development Agreement
Corporation
159577 Charlito Peñaranda v. Baganga Managerial 172
Plywood Corp. Employee;
Managerial Staff
May 4, 2006
151021 Cainta Catholic School v. Cainta CBA; Union 174
Catholic School Employees Union Membership
165664 Ligaya Machica v. Roosevelt Services Illegal Dismissal; 177
Center, Inc. Burden of Proof
May 5, 2006
140319 Rodolfo Hermoso v. C.L. Realty Farmer- 179
Corporation beneficiaries;
DARAB; Jurisdiction
149621 Heirs of Francisco Tantoco v. Court CARP; Just 183
of Appeals Compensation
149985 PLDT Company, Inc. v. Rosalina Arceo Regular 188
Employment
159832 Mercedita Acuña v. Court of Appeals Illegal Dismissal; 190
Constructive
Dismissal;
Quitclaims
xii
161654 Dusit Hotel Nikko v. Renato Gatbonton Termination; 193
Probationary Period
May 31, 2006
165486 CEU Faculty and Allied Workers Salary Increase; 195
Union-Independent v. Court of Appeals CBA; R.A. No. 6728;
Appeal from
Decision of Voluntary
Arbitrator
June 8, 2006
143542 Sime Darby Pilipinas, Inc. v. Alfredo Dismissal; 198
Arquilla Quitclaim
141637 Romy’s Freight Service v. Jesus Castro Dismissal; 200
Abandonment
164772 Equitable Banking Corp. v. Ricardo Sadac Dismissal; 202
Backwages
June 15, 2006
152459 Emelita Leonardo v. Court of Appeals Employer- 205
Employee
Relationship
152640 DAR v. Phil. Communications CARP; Coverage 207
Satellite Corp.
167118 Manila Memorial Park Cemetry, Inc. Dismissal; Willful 209
v. Delia Panado Breach of Trust and
Confidence; Gross
Habitual Neglect of
Duties
June 16, 2006
168990 Teresita Barranco v. Commission COSLAP; 212
on Settlement of Land Problems Jurisdiction
169299 Eastern Telecommunications Phils., Loss of 214
Inc. v. Maria Charina Diamse Confidence;
Willful Breach
of Trust
148130 Petroleum Shipping Ltd. v. NLRC Contractual 218
Employees;
Seafarers
June 20, 2006
157491 Sps. Proceso Amurao v. Sps. Jacinto Tenancy 220
Villalobos
June 21, 2006
158190-91 Nissan Motors Phil., Inc. v. Bargaining 222
Secretary of Labor Deadlock;
Assumption Order
June 22, 2006
155395 In Re: Petition for Cancellation Cancellation of 225
of the Union Registration of Air Union Registration
Philippines Flight Attendants
Association v. Bureau of Labor Relations
xiii
June 26, 2006
161694 Pepito Velasco v. NLRC Reinstatement; 226
Separation Pay
166039 Digitel Telecommunications Phil., Inc. Resignation; 229
v. Mariquit Soriano Sexual Harassment
169973 Placewell International Services Corp. Overseas Migrant 230
v. Ireneo Camote Workers’ Act; Wages
June 27, 2006
143362 Cynthia Omalde v. Sps. Wilfredo Casuno Emancipation 233
Patent; Ownership
167813 Benjamin Sarocam v. Inter Orient Release and 234
Maritime Enterprise, Inc. Quitclaim
147790 Genuino Ice Co., Inc. v. Alfonso Just Cause; Neglect 236
Magpantay of Duty; Willful
Disobedience or
Insubordination
June 30, 2006
140796 Purification Perez-Rosario v. DARAB; 239
Hon. Court of Appeals Agricultural Lease
158075 Philippine Diamond Hotel & Resort, Illegal Strike 241
Inc. v. Manila Diamond Hotel
159674 Samuel Estribillo v. DAR Emancipation 243
Patent;
Indefeasibility
165073 Heirs of Juan Griño, Sr. v. DAR CARL; Right of 245
Retention; Laches
July 14, 2006
150454 GSP Manufacturing Corp. v. Paulina Illegal Dismissal; 247
Cabanban Abandonment
169136 Asiatic Development Corp. v. SSS; Contributions; 248
Wellington & Flordeliza Brogada Paulina Employer-Employee
Relationship
167945 Commander Realty, Inc. v. Freddie Employer- 249
Fernandez Employee
Relationship
July 17, 2006
157619 C.F. Sharp & Co., Inc. v. Renato Zialcita Just Dismissal; 250
Loss of Confidence
144315 Philcom Employees Union v. Philippine ULP; Strike; 253
Global Communications Assumption of
Jurisdiction by the
Labor Secretary;
Return-to-work
Order
150437 Sukothai Cuisine & Restaurant v. Illegal Strike; 256
Court of Appeals Liability of Strikers
July 20, 2006
143598 Epitacio Sialana v. Mary Avila Tenancy 258
xiv
152843 Intercontinental Broadcasting Corp. Appeal Bond; 260
v. Reynaldo Benedicto Backwages
166594 Ciudad Fernandina Food Corporation Appeal; Perfection; 263
Employees Union-Associated Labor Appeal Bond
Unions v. Hon. Court of Appeals
July 21, 2006
149256 Adelaida Aquino v. Social Security SSS; 265
System Compensation
149114 Sps. Tan Sing Pan v. Republic of the Cadastral 267
Philippines Proceedings;
Jurisdiction;
Publication
Requirement
147993 Enriquez Security Services, Inc. v. Retirement Pay 269
Victor Cabotaje Law; Retroactive
Application
July 25, 2006
142937 Philippine Amusement and Gaming Illegal Dismissal; 271
Corporation v. Beatriz La Victoria Reinstatement;
Backwages
July 27, 2006
148157 Sps. Lubina Caliwag-Carmona v. Hon. Landholding; 274
Court of Appeals Certificate of Land
Transfer
149669 L.C. Ordoñez Construction v. Imelda Termination; 276
Nicdao Abandonment
150819 Mario Suan v. Court of Appeals NLRC Rules of 278
Procedure
July 31, 2006
147593 Geronimo Quadra v. Court of Appeals Illegal Dismissal; 280
Moral Damages
159333 Arsenio Mendiola v. Court of Appeals Employer- 282
Employee
Relationship
164376 NLRC v. Ma. Bernadette Salgarino Dismissal; 286
Authorized Cause;
Serious Misconduct
166556 GSIS v. Luz Baul ECC; GSIS 290
August 7, 2006
148247 Air Philippines Corporation v. Reinstatement 293
Enrico Zamora Pending Appeal
August 9, 2006
145848 Nagkahiusang Namumuo sa Management 295
DASUCECO-National v. Davao Sugar Prerogative
Central Co., Inc.
153824 Bernabe Falco v. Mercury Freight Pilferage 296
International
160769 City Trucking Inc. v. Antonio Balajadia Abandonment 298
xv
August 10, 2006
146964 Rosa Rodolfo v. People of the Philippines Illegal 301
Recruitment
149074 Asian Terminals, Inc. v. Danilo Marbella Termination; Just 303
Cause
August 15, 2006
166363 Skippers United Pacific, Inc. v. Seafarers; 305
Jerry Maguad Dismissal;
Assumption of
Responsibility
August 22, 2006
154386 GSIS v. Ernesto Villamayor Death Benefits; 310
Entitlement
158930-31 Union of Filipro Employees-Drug CBA Issue; 313
v. Nestle Philippines, Inc. Retirement Plan
August 29, 2006
162240 RCBC v. Leonardo Bithao Waiver and 316
Quitclaims
150429 Roberto Famanila v. The Court Money Claims; 319
of Appeals Waiver and
Quitclaims;
Prescription
155150 Emelita Ramirez v. NLRC Dismissal; 321
Serious
Misconduct; Willful
Disobedience
August 30, 2006
149285 Godofredo Morales v. Skills Overseas 322
International Co. Employment;
Recruitment Agents;
Solidary Liability
164561 Cathay Pacific Steel Corporation Unfair Labor 324
v. Hon. Court of Appeals Practice
August 31, 2006
149013 House of Sara Lee v. Cynthia Rey Dismissal; Loss 326
of Trust and
Confidence
160913 Eurotech Hair Systems, Inc. v. Dismissal; 330
Antonio Go Compromise
Agreements
169464 Roque Dator v. University of Sto. Tomas Constructive 332
Dismissal
170087 Angelina Francisco v. NLRC Employer- 334
Employee
Relationship
September 5, 2006
154463 Cebu Metal Corporation v. Gregorio Appeal to NLRC 337
Rober Saliling
xvi
166421 Philippine Journalists, Inc. v. NLRC Compromise 339
Agreements
September 11, 2006
146930 Rommel Bearneza v. NLRC NLRC; Final and 342
Executory Decisions
September 12, 2006
148931 Cathay Pacific Airways, Ltd. v. Probationary 343
Philip Luis Marin Employee;
Due Process
168931 Paulino Aliten v. U-Need Lumber Abandonment; 346
& Hardware Twin-Notice
Requirement
September 13, 2006
165465 Loida Malabago v. NLRC Dismissal; Willful 348
Disobedience;
Financial Assistance
144376 Salvador Bunagan v. Sentinel Perfection 350
Watchman & Protective Agency, Inc. of Appeal
September 19, 2006
139940 Arellano University Employees Unfair Labor 352
and Workers Union v. Court of Appeals Practice; Strike
152214 Equi-Asia Placement, Inc. v. Recruitment and 354
Department of Foreign Affairs Placement;
Repatriation
of OFWs
September 22, 2006
171703 Ace Promotion and Marketing Dismissal; 356
Corporation v. Reynaldo Ursabia Willful
Disobedience;
Abandonment;
Procedural Due
Process
September 26, 2006
164156 ABS-CBN Broadcasting Corporation Regular Employees 359
v. Marlyn Nazareno
September 27, 2006
132073 Remman Enterprises, Inc. v. Court CARP; Coverage 362
of Appeals
161104 NYK-Fil Ship Management Inc. v. NLRC Disability Benefits 365
166507 Amkor Technology Philippines Illegal Dismissal; 367
v. Nory Juangco Voluntary
Resignation
167177 Estrella Bañez v. De La Salle University Preventive 368
Suspension;
Dismissal;
Serious Misconduct;
Due Process
160863 Nelson Zagala v. Mikado Philippines Absenteeism; 371
Corp. Penalty
xvii
October 9, 2006
148261 Nenuca Velez v. Shangri-La’s Edsa Dismissal; Loss of 373
Plaza Hotel Trust and
Confidence
169652 Asian International Manpower Termination; 376
Services, Inc. v. Court of Appeals OFW
October 11, 2006
158620 Del Monte Philippines, Inc. v. Union Security 379
Mariano Saldivar Clause; Substantive
Due Process;
Jurisdiction of
Voluntary Arbitrators
162342 Jaime Ballao v. Court of Appeals Dismissal; 382
Serious
Misconduct; Loss of
Trust and Confidence
October 12, 2006
156965 Froilan de Guzman v. The Court CARL; 384
of Appeals Conversion
of Lands
162839 Innodata Philippines, Inc. v. Jocelyn Regular 388
Quejada-Lopez Employment; Fixed
Term Contracts
168362 FEU-NRMF v. FEU-NRMF Employees Strike; Service of 390
Association-AFW Notice and
Resolution
October 17, 2006
156761 Lady Lydia Cornista-Domingo v. NLRC Reinstatement; 392
Compromise
Agreement
159862 Hermonias Liganza v. RBL Project and 396
Shipyard Corp. Regular
Employees
165757 Galaxie Steel Workers Union v. NLRC Dismissal; 398
Closure of Business;
Due Process
October 27, 2006
154532 Petron Corporation v. NLRC Dismissal; 400
Insubordination
167892 St. John Colleges, Inc. v. St. John Dismissal; 403
Academy Faculty and Employees Union Closure of Business
October 30, 2006
129165 Sps. Rodrigo Coloso v. Hon. CARL 406
Secretary Ernesto Garilao
164049 NS Transport Employees Association Administrative 409
v. NS Transport Services, Inc. Due Process
171392 Ruperto Suldao v. Cimech System Constructive 412
Construction Dismissal
xviii
172062 Lorenzo Ma. Aguilar v. Burger Machine Constructive 413
Holdings Corporation Dismissal
172401 Carlos Azul v. Banco Filipino Savings Dismissal; 416
and Mortgage Bank Loss of Trust
and Confidence
October 31, 2006
158190-91 Nissan Motors Philippines, Inc. v. Illegal Strike; 417
Secretary of Labor and Employment Liability of Union
Officers and
Members
November 2, 2006
154006 Star Paper Corporation v. Carlito Espiritu Constructive 419
Dismissal
160618 Dennis Sy v. Metropolitan Bank Dismissal; Fraud 421
& Trust Co. and Willful Breach
of Trust
November 20, 2006
157117 Coastal Subic Bay Terminal, Inc. Certification 423
v. DOLE Election; Chartered
Local; Supervisory
Union
169295-96 Remington Industrial Sales Regular Employee; 425
Corporation v. Erlinda Castaneda Illegal Dismissal
November 22, 2006
142351 St. Martin Funeral Homes v. NLRC Labor Arbiter; 428
Determination of
Facts
148490 7K Corporation v. NLRC Labor-only 430
Contracting
162308 G & M Philippines, Inc. v. Romil Interpretation in 433
Cuambot Favor of Labor
November 24, 2006
155645 PLDT, Inc. v, Mayflor Ylagan Regular and 436
Project
Employees
166649 Robert Cabuyoc v. Inter-Orient Permanent 439
Navigation Shipmanagement, Inc. Disability
November 27, 2006
158707 Community Rural Bank of San Just Cause; 442
Isidro (N.E.), Inc. v. Ysagani Paez Loss of
Trust and Confidence
November 28, 2006
143219 Asian Terminals, Inc. v. Renato Reinstatement 445
Villanueva
150402 Eparwa Security and Janitorial Contractors and 447
Services, Inc. v. Liceo de Cagayan Principals; Solidary
University Liability
November 29, 2006
148500-01 Times Tranportation Co., Inc. v. NLRC Illegal Strike 449
xix
November 30, 2006
161115 Dole Philippines, Inc. v. Medel Esteva Labor-only 451
Contracting;
Regular
Employment
169193 Sps. Iluminada and Cirilo Capitle CARP; Farmer 460
v. Fortunata Elbambuena Beneficiaries
166833 Felixberto Cubero v. Laguna West DAR; Jurisdiction 461
Multi-Purpose Cooperative, Inc.
December 6, 2006
143527 United Field Sea Watchman and Appeal; 464
Checkers Agency v. Willie Requillo Reglementary
147566 San Miguel Corporation v. NLRC Period
Regular Employee 465
153193 Pamplona Plantation Company Employer- 468
v. Ramon Acosta Employee
Relationship; Illegal
Dismissal
154628 Estrellita Salazar v. Philippine Dismissal; Twin- 470
Duplicators, Inc. Notice; Notice of
Hearing or
Conference
170132 GSIS v. Kapisanan ng mga Strike; 474
Manggagawa sa GSIS Government
Employees
December 14, 2006
153031 PCL Shipping Lines, Inc. v. NLRC Desertion 476
December 19, 2006
155679 Biflex Phils., Inc. Labor Union v. Filflex Strike 480
Industrial and Manufacturing
Corporation
December 27, 2006
162447 Anabelle Muaje-Tuazon v. Wenphil Managerial 482
Corporation Employees;
Grounds for Dismissal;
Loss of Trust and
Confidence
xx
TABLE OF CASES
LEGAL ETHICS
DATE/ CASE NO. TITLE TOPIC/ISSUE PAGE
January 23, 2006
A.C. No. Valeriana Dalisay v. Atty. Melacio Attorney-Client 487
5655 Mauricio, Jr. Relationship
A.C. No. Leticia Gonzales v. Atty. Marcelino Lawyers; Conflict 489
6836 Cabucana of Interests
A.M. No. Ariel Avila v. Justice Andres Reyes, Jr. Justices; Delay in 492
01-34-CA-J Resolving a Case
A.M. No. Re: Anonymous Complaint Against Ms. Court Employees; 494
2004-35-SC Rowena Marinduque Falsification of
DTRs; Simple
Negligence
A.M. No. Leonora Bitoon v. Judge Lorinda Judges; Gross 496
MTJ-05- Toledo-Mupas Ignorance of Law
1598
A.M. No. Jesusa Odonel Genil v. Judge Judges; Gross 499
MTJ-06- Rogaciano Rivera Ignorance of Law
1619
A.M. No. Office of the Court Administrator Judges; Delay in 501
RTJ-05- v. Judge Florentino Alumbres Rendering Decisions
1965
January 24, 2006
A.M. No. Atty. Lelu Contreras v. Teresita Clerks of Court; 503
P-05-2040 Monge Duty
A.M. No. Leonida Pablejan v. Teresita Calleja Conduct 505
P-06-2102 Unbecoming of a
Court Employee
January 25, 2006
A.C. No. Roberto Soriano v. Atty. Manuel Dizon Lawyers; 507
6792 Disbarment;
Moral Turpitude
A.M. No. Atty. Jose Ricuerdo Flores v. Sheriffs; Simple 510
P-05-2038 Felix Falcotel Neglect of Duty
A.M. No. Teresa Gonzales La’o and Co., Inc. Judicial Clemency 512
P-99-1337 v. Sheriff Jadi Hatab
141962 Danilo Dumo v. Erlinda Espinas Judges; Inhibition 514
xxi
January 27, 2006
A.M. No. Re: Alleged Illegal Acquisition Court Employees; 517
05-5-05- of a Career Service Eligibility by Duty
CA Ma. Aurora Santos
A.M. No. Judge Luis Enriquez Reyes v. Erlinda Clerks of Court; 519
P-05-2027 Cabrera Fiduciary Collection;
Gross Negligence;
Serious Misconduct
A.C. No. Dandy Quijano v. Geobel Bartolabac Arbiters; Canon 1; 520
5649 Rule 1.01
A.M. No. Enrique Abadesco, Jr. v. Judge Judges; 522
MTJ-06- Jaime Rafer Misconduct;
1622 Impropriety
A.M. No. Office of the Court Administrator Judges; Gross 524
RTJ-04- v. Judge Felix Gaudiel, Jr. Inefficiency
1825
A.M. No. Re: Absence Without Official Court Employees; 526
05-8-226- Leave of Mr. Bernardo Conde AWOL
MeTC
A.M. No. Margarita Amor v. Isaias Leyva Sheriffs; Simple 527
P-02-1536 Misconduct
A.M. No. Raul Sesbreño v. Lorna Igonia Court Employees; 529
P-04-1791 Simple Neglect of
Duty
A.C. No. Ricardo Foronda v. Atty. Arnold Guerrero Lawyers; Lifting 531
5469 of Suspension
January 30, 2006
A.C. No. Philippine Amusement and Gaming Lawyers; Serious 532
5700 Corporation v. Atty. Dante Carandang Misconduct;
Issuing Unfunded
Checks
January 31, 2006
A.M. No. Conrado Cobarrubias v. Arniel Apostol Sheriffs; Refusal 534
P-02-1612 to Perform Duty
A.M. No. Report on the Judicial Audit Conducted Judges; Gross 536
RTJ-05- in the RTC-Br. 47, Urdaneta City Inefficiency
1968
152072 Romeo Roxas v. Antonio de Zuzuarregui Lawyers; 537
Contingent Fees
A.M. No. Re: Financial Report on the Financial Court Employees; 539
05-8-233- Audit Conducted at the MTC of Dishonesty;
MTC Midsayap, North Cotabato Misconduct
A.M. No. Judge Eliseo Geolingo v. Nicolas Albayda Sheriff; Duty 541
P-02-1660
A.M. No. Judge Joselito Salvador v. Romacito Clerks of Court; 542
P-06-2104 Serrano Dishonesty
A.M. No. Manuel Rafols, Jr. v. Judge Teodoro Dizon Judges; Bribery 544
RTJ-98-1426
xxii
February 6, 2006
A.C. No. Crisanta Jimenez v. Atty. Joel Jimenez Lawyers; 546
6712 Disbarment
A.M. No. Consuelo Vda. de Castro v. Judge Alfonso Judges; Gross 547
MTJ-02- Cawaling Inefficiency
1465
A.M. No. Sinfroso Ang v. Arniel Cruz Court Employees; 548
P-04-1822 Conduct Prejudicial
to the Best Interest
of Service
February 9, 2006
A.C. No. Victorina Bautista v. Atty. Sergio Bernabe Notary Public 550
6963
February 10, 2006
A.M. No. Gary Rosauro v. Judge Alfredo Kallos Judges; Code of 552
RTJ-03-1796 Judicial Conduct;
Impropriety
A.M. No. Dr. Erwin Fonghe v. Cynthia Bajarias- Clerks of Court; 554
P-05-1987 Cartilla Delay in
Transmitting
Records
February 13, 2006
A.M. Cristeta Orfila v. Estifana Arellano Court Employees; 556
P-06-2110 Conduct
A.C. No. Robert Francis Maronilla v. Lawyers; Misuse 558
6973 Atty. Efren Jorda of Court Processes
A.M. No. Adelaida Escobar Vda. de Lopez v. Atty. Clerks of Court; 560
P-04-1786 Analiza Luna Sheriffs; Neglect
of Duty
A.M. No. Re: Judicial Audit of the RTC-Br. 14, Judges; Delay in 563
RTJ-05- Zamboanga City Rendering Decisions
1950
February 16, 2006
A.M. No. Letter of Atty. Socorro Villamer-Basilla Sheriffs; Simple 565
04-6-313-RTC Misconduct
158895 Sps. Thelma Abrajano v. Heirs of Inhibition 566
Augusto Salas
160445 Jose Teofilo Mercado v. Security Lawyers; 567
Bank Corp. Contempt
February 17, 2006
A.M. No. Report on the Financial Audit on the Clerks of Court; 569
05-11-320- Books of Accounts of Mr. Delfin Polido Fiduciary
MCTC Collections
February 22, 2006
A.M. No. Erlinda Varcas v. Judge Rafael Orola, Jr. Judges; Gross 570
MTJ-05-1615 Ignorance of Law
February 23, 2006
A.C. No. Quirino Tomlin II v. Atty. Salvador Lawyers; Gross 571
6971 Moya II Misconduct
xxiii
February 27, 2006
A.C. No. John Siy Lim v. Atty. Carmelito Montano Lawyers; 573
5653 Canon 12
A.C. No. Sps. David and Marisa Williams v. Lawyers; Gross 574
6353 Atty. Rudy Fernandez Ignorance of Law
A.C. No. Eduardo Meneses v. Atty. Rodolfo Attorney-Client 575
6651 Macalino Relationship
February 28, 2006
A.M. No. Office of the Court administrator v. Judge Court Employees; 577
MTJ-02- Ricardo Liwanag Gross Misconduct
1440 and Gross
Negligence;
Inefficiency and
Incompetence
A.M. No. Trinidad Lachica v. Judge Rosabella Judges; 580
MTJ-05- Tormis Administrative
1609 Complaint
A.M. No. Bernardo Betoy, Sr. v. Judge Mamerto Judges; Gross 581
MTJ-05- Coliflores Ignorance of Law
1608
March 6, 2006
A.C. No. Julius Agustin v. Atty. Enrique Empleo Canons 12 and 18 583
6986
A.M. No. Report on the Judicial Audit Conducted Judges; Gross 585
05-4-213- in the RTC Br. 55, Hmamaylan City, N. O. Inefficiency
RTC
A.M. No. Office of the Court Administrator Dishonesty 586
P-05-2023 v. Analiza Breta
March 10, 2006
A.M. No. Office of the Court Administrator Habitual Tardiness 588
P-05-2050. Atty. Marta Cunanan
A.C. No. Judge Ubaldino Lacurom v. Respect Due to 589
5921 Atty. Ellis Jacoba Courts
A.M. No. Rosalinda Pesongco v. Ernesto Estoya Sheriffs 591
P-06-2131
A.M. No. Ricardo Manaysay v. Pepito Samaniego Failure to Pay 594
P-06-2133 Just Debts
A.M. No. Peter Donton v. Edgardo Loria Simple 595
P-03-1684 Misconduct
March 14, 2006
A.C. No. Ma. Gina Francisco v. Atty. Jaime Juanito Gross Negligence; 596
6155 Portugal Attorney-Client
Relationship
A.M. No. Office of the Court Administrator Gross Inefficiency 599
RTJ-05- v. Hon. Marietta Legaspi
1893
169517 Rogelio Tan v. Benedicto Balajadia Unauthorized 601
Practice of Law
xxiv
March 17, 2006
A.M. No. Julianito Salvador v. Judge Manuel Unjust Judgment; 603
MTJ-06- Limsiaco, Jr. Gross Ignorance
1626 of the Law
March 21, 2006
A.M. No. Imelda Enriquez v. Judge Anacleto Judges; Gross 604
RTJ-05- Caminade Ignorance of Law
1966
March 23, 2006
A.M. No. Re: Violation of Administrative Habitual Tardiness 606
2005- Circular No. 14-2002 by
20-SC Mr. Geminiano Perez
163986 Romulo Deles v. Hon. Pepito Gellada Lawyers; 608
Clemency
A.M. No. Security Bank Corporation v. Sheriff; Neglect of
P-06-2139 Romeo Gnzalbo Duty; 608
Incompetence
March 24, 2006
A.C. No. Gisela Huyssen v. Atty. Fred Gutierrez Disbarment; Gross 610
6707 Misconduct
March 28, 2006
145213 Jimmy Go. v. Hon. Zeus Abrograr Withdrawal of 613
Counsel
March 30, 2006
A.C. No. Bun Siyong Yao v. Atty. Leonardo Aurelio Fiduciary Duty 615
7023
A.M. No. Re: Financial Audit on the Books Dishonesty 617
06-2-43- of Accounts of Ms. Laura Delantar
MTC
A.M. No. Atty. Vicente de Asis v. Judge Arturo Gross Misconduct; 619
MTJ-04- Doronila Willful Non-
1542 Compliance with
Court Orders
A.C. No. Nestor Perez v. Atty. Danilo de la Torre Conflict of 620
6160 Interests
March 31, 2006
A.M. No. Re: Dropping from the Rolls of Court Employees; 622
2005-27-SC Ms. Carolyn Arcangel AWOL
A.M. No. Atty. Jose Tiongco v. Judge Adriano Delay in Rendering 623
RTJ-02- Savillo Judgment; Wearing
1719 of Black Robe;
Lawyers;
Intemperate
Language
A.C. No. Ruthie Lim-Santiago v. Atty. Carlos Unlawful Conduct; 626
6705 Sagucio Conflict of Interests
A.C. No. Amador Malhabour v. Atty. Albert Deceitful Conduct 629
5417 Sarmiento
xxv
A.M. No. Re: Absence Without Official Leave AWOL 631
06-2-96- of Mr. Basria Abbas
RTC
A.M. No. Estrella Barba v. Judge Rosita Salazar Impropriety; 632
MTJ-06-1630 Canon 2
A.M. No. Office of the Court Administrator Misconduct; 634
RTJ-99- v. Judge Florentino Floro Mental Impairment
1460 or Psychosis
126980 Sally Bellosillo v. The Board of Lawyers; 644
Governors Administrative
Proceedings
April 5, 2006
A.M. No. Report on the Judicial Investigation Gross Neglect of 646
04-6-332- Conducted on the Alleged Spurious Duty
RTC Bailbonds and Release
Orders Issued by the RTC, Br. 27,
Sta. Cruz, Laguna
April 7, 2006
A.M. No. Theodore Britanico v. Judge Wenie Gross Misconduct 649
MTJ-04- Espinosa
1568
A.M. No. Office of the Court Administrator Gross Dishonesty 650
P-03-1739 v. Normalyn Nacuray and Grave
Misconduct
April 19, 2006
A.M. No. Re: Anonymous Complaint Against Dishonesty; 652
2005- Mr. Rodel Gabriel Falsification of
18-SC Public Documents
A.M. No. Absence Without Official Leave AWOL 654
P-06-2159 of Edwin Carrobo
A.M. No. Re: Failure of Jose Dante Guerrero Dishonesty; 656
2005- to Register His Time In and Out in the Habitual Tardiness
07-SC Chronolog Time Machine on Several Dates
April 25, 2006
A.M. No. OCA v. Judge Lourdes Garcia-Blanco Gross Inefficiency 658
RTJ-05-1941
April 26, 2006
A.M. No. Augustus Gonzales v. Judge Antonio Delay in Resolving 660
RTJ-06- Bantolo a Motion
1993
A.M. No. Cristeta Orfila v. Estifana Arellano Borrowing Money 661
P-06-2110 from a Subordinate
A.M. No. Concerned Trial Lawyers of Manila Misconduct; Gross 663
RTJ-05- v. Judge Lorenzo Veneracio Inefficiency
1920
April 29, 2006
A.M. No. Judge Domingo San Jose, Jr. v. Robert Court Personnel; 665
P-06-2158 Camurongan Grave Misconduct;
Thievery
xxvi
May 2, 2006
A.C. No. Florencia Somosot v. Atty. Elias Canons 16, 17 667
4285 Pontevedra and 18
A.C. No. Edgardo Perea v. Atty. Ruben Almadro Neglect of Duties 669
5246
A.M. OCA Normandy Bautista v. Associate Justice Gross Ignorance 670
IPI No. 06- Hakim Abdulwahid of the Law
97-CA
May 3, 2006
121404 Aniceto Salud, Jr. v. Court of Appeals Administrative 672
Proceedings;
Confidentiality
A.C. No. Sps. William Adecer v. Atty. Emmanuel Duty of Diligence 674
4809 Akut
May 4, 2006
A.C. No. Sps. Antonio Soriano v. Atty. Reynaldo Disbarment; Gross 677
4676 Reyes Negligence
A.C. No. Bobie Rose Frias v. Atty. Carmelita Administrative 679
6656 Bautista-Lozada Complaints;
Prescription
A.M. No. Re: Spurious Certificate of Eligibility Dishonesty 680
05-5-268 of Tessie Quires
A.M. No. Leonardo Landayan v. Judge Romeo Gross Ignorance 682
MTJ-06- Quilantang of the Law
1632
May 5, 2006
162130-39 People of the Philippines v. Hon. Inhibition 684
Justice Gregory Ong
May 31, 2006
A.M. No. Sps. Roman Tiples, Jr. v. Evelyn Misconduct 686
P-05-2039 Montoyo
A.M. No. Re: Dishonesty and/or Falsification Dishonesty 688
2005- of Public Documents of Mr. Rogelio
22-SC Valdesco
June 8, 2006
A.M. No. Pedro Obesa v. Judge Jose Nacional Conduct 689
MTJ-05-1605 Unbecoming of a
Judge
June 15, 2006
A.C. No. Humberto Lim, Jr. v. Atty. Nicanor Conflict of 691
5303 Villarosa Interests;
Withdrawal as
Counsel
A.C. No. Victor Lingan v. Atty. Romeo Notarial Register; 694
5377 Calubaquib Notary Public
A.M. No. Leilani Nacionales v. Sheryll Conduct 696
P-06-2171 Madlangbayan Prejudicial
to the Interest
of Service
xxvii
A.M. No. Atty. Hugolino Balayon, Jr. v. Judge Gross Ignorance 698
RTJ-06- Oscar Dinopol of the Law
1969
June 16, 2006
A.C. No. Marili Ronquillo v. Atty. Homobono Disbarment; 700
6288 Cesar Suspension
June 20, 2006
A.M. No. Eusebio Baron v. Emiladie Ancan Moonlightning; 701
P-04-1816 Conduct Prejudicial
to the Interest
of Service
June 21, 2006
A.M. No. John Panaligan v. Judge Francisco Ibay Abuse of Authority; 703
RTJ-06-1972 Contempt Power
A.M. No. Laura Mabini v. Eustacio Raga Grave Misconduct 705
P-06-2150
June 26, 2006
A.M. No. Grace Munsayac de Villa v. Judge Antonio Disciplinary 707
RTJ-05- Reyes Action; Prohibited
1925 Practice
A.M. No. Sps. Errol and Teresita Pan v. Albert Misconduct 711
P-03-1678 Salamat
A.M. No. Re: Report on the Financial Audit Custodians of 712
P-06-2140 Conducted in the MTCC-OCC Court Funds; Gross
Angeles City Negligence and
Dishonesty
June 27, 2006
A.M. No. Judge Plenio dela Peña v. Rogelio Sia Misconduct 714
P-06-2167
A.C. No. Peter Donton v. Atty. Manuel Tansingco Notary Public; 716
6057 Malpractice
A.M. No. Alberto Abogado, Jr. v. Ferdinand Gurtiza Misconduct 717
SB-04-12-P
A.M. No. Marites Tam v. Judge Jocelyn Regencia Gross Inefficiency 719
MTJ-05-1604
A.M. No. Re: Report on the Financial Audit Custodian of 722
P-06-2177 Conducted on the Books of Accounts Court Funds;
of Atty. Raquel Kho Gross
Misconduct
A.M. No. Absence Without Official Leave AWOL 723
P-06-2183 of Alberto Monsanto
A.M. No. P/C Insp. Marcelo Dayag v. Judge Malicious 725
RTJ-05- Teodora Gonzales Prosecution
1903
July 17, 2006
A.M. No. Atty. Romeo Roxas v. Judge Antonio Gross Ignorance 727
RTJ-06- Eugenio of the Law
2008
xxviii
July 20, 2006
A.C. No. Dayan Sta. Ana Christian Neighborhood Disbarment 729
5542 Association, Inc. v. Atty. Napoleon
Espiritu
A.M. No. Re: Request of Assistant Court R.A. 9282; CTA 731
03-10-05- Administrator for Upgrading of
SC Their Rank, Salary and
Privileges Upon Effectivity of
R.A. No. 9282
July 21, 2006
A.C. No. Elsa Mondejar v. Atty. Vivian Rubia Disbarment; 734
5907/5942 Notarial Practice
July 25, 2006
A.C. No. Zoilo Antonio Velez v. Atty. Leonard Foreign Judgment 736
6697 de Vera on Disciplinary
Sanction; IBP
Presidency
A.C. No. David Almendarez, Jr. v. Minervo Fiduciary 743
7057 Langit Relationship
A.M. No. Jerlyn Lanuza v. Janet Cepe Misconduct 745
P-06-2174
A.M. No. Ramon Calo v. Judge Godofredo Abul, Jr. Impartiality 747
RTJ-06-1996
July 27, 2006
A.M. No. Jose Tiongco v. Judge Evelyn Salao Gross Ignorance; 749
RTJ-06-2009 Misconduct
A.M. No. Notan Lumbos v. Judge Marie Ellengrid Administrative 752
RTJ-06-1641 Baliguat Liability
A.C. No. Atty. Miniano dela Cruz v. Atty. Teodorico Disbarment 754
6850 Diesmos
A.C. No. Mar Yuson v. Atty. Jeremias Vitan Disbarment; Gross 757
6955 Misconduct; Willful
Dishonesty
July 28, 2006
A.M. No. Benito Moncada v. Judge Alden Cervantes Negligence; 760
MTJ-06-1639 Liability
July 31, 2006
A.M. No. Angelina Sarmiento v. Judge Yolanda Administrative 762
MTJ P-06- Leonardo Liability
1644
A.M. No. Atty. Alexander Bansil v. Nelson de Leon Sheriff; Simple 764
P-05-2035 Misconduct
A.C. No. Noriel Michael Ramientas v. Atty. Jocelyn IBP; Motion for 765
7055 Reyala Reconsideration
August 3, 2006
A.M. No. Editha Santuyo v. Herberto Benito Gross Neglect of 767
P-05-1997 Duty
A.M. No. Felicidad Palabrica v. Atty. Cilia Faelnar Clerks of Court 769
P-06-2025
xxix
A.M. No. Judge Eleuteria Badoles-Algodon v. Gross Neglect of 771
P-04-1818 Rene Zaldivar Duty
August 4, 2006
A.M. No. Ignacio Maylas, Jr. v. Judge Manuel Sese Error of Judgment 774
RTJ-06-2012
A.M. No. Leonardo Rivera v. Judge Bernabe Disciplinary 776
RTJ-06-2013 Mendoza Actions
August 7, 2006
A.M. No. Imelda Enriquez v. Judge Olegario Gross Ignorance 779
RTJ-06- Sarmiento, Jr. of the Law
2011
A.M. No. Leticia Resurreccion v. Rustico Misconduct 781
P-04-1783 Ibuna, Jr.
168384 Charles Bernard Reyes v. Antonio Motion for 782
Yulo Balde II Inhibition
August 9, 2006
A.C. No. Atty. Orlando Dizon v. Atty. Marichu Upholding the 785
6968 Lambino Constitution
A.M. No. Francisco Martillano v. Sheriff Manuel Misconduct 787
P-06-2134 Arimado
August 10, 2006
A.M. No. Alberto Guinto v. Judge Rodrigo Flores Serious 789
MTJ-02-1399 Misconduct
August 11, 2006
A.M. No. Office of the Court Administrator Incapacity to 791
MTJ-RTJ- v. Judge Florentino Floro Discharge Judicial
99-1460 Duties
August 15, 2006
A.M. No. Albert dela Peña v. Iluminado Huelma Administrative 792
P-06-2218 Liability
August 16, 2006
A.M. No. Rolando Gaspar v. Judge Luisito Adaoag Duties of Judges 794
MTJ-04-1565
A.M. No. Equitable PCI Bank, Inc. v. Judge Celso Duties of Judges 796
RTJ-06-2001 Laviña
August 22, 2006
A.C. No. Arturo Sampana v. Atty. Edgardo Angara Disbarment 798
5839
A.M. No. In Re: Transfer of Venue of All Ilussorio Transfer of Cases; 800
03-6- Cases from the RTC of Baguio City Inhibition of
349-RTC to Metro Manila Judges
August 23, 2006
155224 Vinson Pineda v. Atty. Clodualdo de Jesus Professional Fees 802
A.C. No. St. Louis University High School Faculty Disbarment; 804
6010 and Staff v. Atty. Rolando dela Cruz Immoral Conduct
August 28, 2008
A.M. No. Arcely Santos v. Judge Ubaldino Lacurom Inhibition; Pro Se 807
RTJ-04-1823 Practice
xxx
A.M. No. Maria Raquel Bajar v. Victoriano Disrespect 810
P-06-2151 Baterisna
August 29, 2006
A.M. No. Ruth Collado v. Adonis Sevidal Performance of 812
P-05-2073 Judicial Functions
August 30, 2006
A.M. No. Judge Crispin Bravo v. Atty. Miguel Abuse of Authority; 814
P-05-1950 Morales Grave Misconduct;
Conduct
Unbecoming of a
Public Officer
August 31, 2006
A.M. No. Atty. Victoriano Muring, Jr. v. Administrative 816
CA-05-19-P Atty. Manuel Gatcho Liability
A.C. No. Luzviminda Lijauco v. Atty. Rogelio Lawyers; Duties 819
6317 Terrado
A.C. No. Atty. Leon Asa v. Atty. Pablito Castillo Lawyers; Duties 821
6501
A.M. No. Re: Audit Report on Attendance of Court Dishonesty 823
P-04-1838 Personnel of RTC Br. 32, Manila
A.M. No. Oriel Gonzales v. Arnaldo Cabigao Simple Misconduct 825
P-06-2194
153650 Fidel Amarillo, Jr. v. The People of the Inhibition of 827
Philippines Judges
September 5, 2006
A.M. No. Romeo Sanchez v. Judge Quintin Alaan Gross Inefficiency 828
MTJ-04-1570
166849 Rolando Juani v. Roberto Alarcon Negligence of 830
Counsel
173940 Tomas Tan & CST Enterprises, Disbarment; 832
Inc. v. IBP Commision on Bar Discipline Jurisdiction of IBP
Commission on
Bar Discipline;
Confidentiality of
Proceedings
September 7, 2006
A.C. No. Catherine Joie Vitug v. Atty. Diosdado Grossly Immoral 834
6313 Rongcal Conduct
September 8, 2006
A.C. No. Leticia Adrimisin v. Atty. Rolando Javier Moneys and 837
2591 Properties in Trust
September 11, 2006
A.C. No. Aquilino Pimentel, Jr. v. Atty. Vitaliano Duty of Lawyers 839
4517 Fabros in the Government
Service
A.M. No. Re: Letter Dated February 21, 2005 Respect Due to 840
05-3-04-SC of Atty. Noel Sorreda Courts and Court
Officials
xxxi
A.M. No. Felomino Mendoza, Jr. v. Annalee Conduct of Court 841
P-05-2034 Navarro Employees
160334 Guenter Bach v. Ongkiko Kalaw Attorney’s Fees 843
Manhit & Accorda Law Offices
September 13, 2006
A.C. No. Plus Builders, Inc. v. Atty. Anastacio Duty to the Court; 846
7056 Revilla, Jr. Practice of Law
September 15, 2006
A.C. No. Renato Maligaya v. Atty. Antonio Unethical Conduct; 849
6198 Doronilla, Jr. Suspension
148456 Pio Grande v. University of the Negligence of 850
Philippines Counsel
September 19, 2006
A.C. No. Orlando Angelo Santos v. Atty. Ma. Disbarment; 851
5395 Viviane Cacho-Calicdan Evidence Required
A.C. No. Simon Paz v. Atty. Pepito Sanchez Lawyer’s Oath; 853
6125 Conflict of Interests
September 26, 2006
A.C. No. Renerio Sambajon v. Atty. Jose Suing Diligence Required 855
7062 in Practice of Law
A.M. No. Office of the Court Administrator Duty of Clerks 857
P-01-1499 v. Atty. Marilou Dureza-Aldevera of Court; Judicial
Funds
September 27, 2006
A.C. No. Ramon Gonzalez v. Atty. Arnel Alcaraz Misconduct 860
5321
October 9, 2006
A.C. No. Jocelyn Saquing v. Atty. Noel Mora Notarization 862
6678 Without Commission
October 17, 2006
A.M. No. Busilac Builders, Inc. v. Judge Charles Inhibition 864
RTJ-03- Aguilar of Judges
1809
A.M. No. Tirso Mariano v. Judge Zeida Aurora Duties of Judges, 867
RTJ-06- Garfin Lawyers and Clerks
2024 of Court;
Presumption of
Regularity
October 19, 2006
A.M. No. Re: Report on the Judicial Audit Gross Inefficiency 869
06-4-220- Conducted in the Regional Trial Court of Judges; Duty
RTC of Court Officials
October 23, 2006
A.M. No. Atty. Jesus de Vega v. Judge Fatima Gross Inefficiency 872
RTJ-06- Asdala
1997
October 27, 2006
A.M. No. Carmelita Chiong v. Sherwin Baloloy Duty of Court 874
P-01-1523 Employees
xxxii
A.M. No. Re: Anonymous Complaint v. Angelina Gross Misconduct 876
P-05-2063 Casareno-Rillorta
October 30, 2006
A.C. No. Robert Francis Maronilla v. Atty. Efren Gross Ignorance 878
6973 Jorda of the Law
A.M. No. Elpidio Sy v. Edgar Esponilla Duties of Clerks 880
P-06-2261 of Court
November 2, 2006
A.M. No. Re: Report on the Judicial Audit and Delay in 881
06-4-219- Physical Inventory of Cases in the Disposition of
RTC RTC Br. 54, Bacolod Cases; Simple
Neglect of Duty
November 16, 2006
A.C. No. Estela Anastacio-Briones v. Atty. Alfredo Negligence of 884
6266 Zapanta Counsel;
Withdrawal
of Counsel
A.C. No. Dahlia Gacias v. Atty. Alexander Dishonesty and 886
7280 Bulauitan Grave Misconduct
A.M. No. Nicolas Paclibar v. Renan Pamposa Misconduct 888
P-03-1737
A.M. No. National Bureau of Investigation v. Judge Serious 889
MTJ-03- Luisito Adaoag Misconduct
1503
November 20, 2006
A.C. No. Maria Divina Cruz-Villanueva v. Notarial Law; 891
7123 Atty. Carlos Rivera Moneys and
Properties in Trust
November 22, 2006
A.M. No. Re: Lost Checks Issued to the Late Dishonesty and 893
2005-26-SC Roderick Roy Melliza Misconduct
A.C. No. Johnny Ng v. Atty. Benjamin Alar Canon 8 and 11 897
7252
November 24, 2006
A.M. No. Rockland Construction Co., Inc. v. Judge Gross Ignorance 900
RTJ-06- Mariano Singzon, Jr. of the Law
2002
November 27, 2006
A.M. No. Judge Leonardo Carreeon v. Eric Anthony Simple Neglect 901
P-05-1979 Ortega of Duty
A.M. No. Ligaya Reyes v. Mario Pablico Simple Neglect 903
P-06-2109 of Duty
November 29, 2006
A.M. No. Sps. Arthur and Leonora Stilgrove Grave Abuse of 904
P-06-2257 v. Eriberto Sabas Authority
November 30, 2006
A.C. No. Aileen Ferancullo v. Atty. Sancho Grossly Immoral 908
7214 Feranculo, Jr. Conduct
xxxiii
A.M. No. Sps. Trefil and Lina Umale v. Judge Prompt 911
MTJ-06- Nicolas Fadul. Jr. Disposition
1660 of Cases
A.M. No. PNB Management and Development Grave Misconduct 913
P-03-171 Corporation v. Carmelo Cachero
A.M. No. Nydia Servino v. Ma. Mawilynn Dishonesty 915
P-06-2204 Concepcion Adolfo
A.M. No. Encarnacion Flores v. Romeo Duty of Court 916
P-06-2266 Gatcheco, Jr. Employees
A.M. No. Fortune Life Insurance Company, Gross Ignorance 918
RTJ-05- Inc. v. Judge Jimmy Luczon of the Law
1901
December 6, 2006
A.M. No. Re: Report on the Judicial Audit Duties of Clerks 919
P-06-2172 Conducted in the RTC Br. 134, of Court
Makati City
A.C. No. Marcos Prieto v. Atty. Oscar Corpuz Filing of 920
6517 Complaints
A.M. No. Romel Flores v. Juan Marquez Neglect of Duty 922
P-06-2277
A.M. No. Saga Design, Inc. v. Atty. Emeline Simple Neglect 924
P-06-2244 Cabahug of Duty
December 13, 2006
A.M. No. Mary Ann Ito v. Eric de Vera Improper Conduct 925
P-01-1478
December 19, 2006
A.C. No. Rosemarie Hsieh v. Atty. Salvador Lawyer’s Lien; 928
6128 Quimpo Fiduciary
Relationship
A.M. No. Report on the Status of the Financial Liability for Loss, 929
P-06-2124 Audit Conducted in the RTC, Tarlac City Shortage,
Destruction or
Impairment
of Funds
A.M. No. Engracio Escarinas, Jr. v. Gary Lawas Habitual 931
P-06-2284 Absenteeism and
Unreasonable
Tardiness
December 20, 2006
A.M. No. Office of the Court Administrator Duties of a Court 933
P-06-2269 v. Edgardo Montalla Stenographer
xxxiv
TABLE OF CASES
MERCANTILE LAW
DATE/ CASE NO. TITLE TOPIC/ISSUE PAGE
January 24, 2006
157481 Loadstar Shipping Co., Inc. v. Pioneer Common Carrier; 937
Insurance Corp. Voyage Charter
January 27, 2006
164958 Sy Chim v. Sy Siy Ho & Sons, Inc. Management 939
Committtee;
Imminent Danger;
Independent
Auditor
147039 DBP Pool of Accredited Insurance Contract of 943
Companies v. Radio Mindanao Adhesion; Burden
Network, Inc. of Proof
February 6, 2006
164317 Alfredo Ching v. The Secretary Liability of 946
of Justice Corporate
Officers;
P.D. No. 115
February 27, 2006
144723 Larry Estacion v. Noe Bernardo Proximate Cause 949
160016 Abacus Securities Corporation v. Margin Trading 952
Ruben Ampil
February 28, 2006
132284 Telengtan Brothers & Sons, Inc. v. House/House 957
United States Lines, Inc. Containers-
Shippers Load,
Stowage and Count
168696 Ma. Lutgarda Calleja v. Jose Pierre Intra-Corporate 959
Panday Controversies;
Jurisdiction; Quo
Warranto
March 6, 2006
129406 Republic of the Philippines v. Stocks; 962
Sandiganbayan Membership
Dues; Receiver
March 24, 2006
163782 Light Rail Transit Authority v. Pefecto Veil of Corporate 964
Venus, Jr. Fiction
xxxv
March 31, 2006
159938 Shangri-La International Hotel Trademark; 966
Management, Ltd. v. Developers Group R.A. No. 166
of Companies, Inc.
April 7, 2006
159457 National Power Corporation v. Philippine Energy 971
Electric Plant Owners Association Regulatory Board
May 2, 2006
156978 Aboitiz Shipping Corporation v. Doctrine of Limited 974
New India Assurance Company, Ltd. Liability
146918 Citibank, N.A. v. Sps. Luis Cabamongan Banks; Fiduciary 976
Duty
June 8, 2006
160191 Twin Ace Holding Corp. v. Rufina Patent and 978
& Company Trademark;
Ownership
June 9, 2006
172556 Trands Middle East v. Sandiganbayan Sequestered 980
Shares; Voting
Rights
June 15, 2006
152551 General Bank and Trust Co. v. Liquidation and 982
Central Bank of the Philippines Closure
June 20, 2006
128464 Rev. Luis Ao-as v. The Hon. Court Receivership 985
of Appeals
157671 Danilo Punongbayan v. Perfecto Management 987
Punongbayan, Jr. Committee
151890/ Prudential Guarantee and Assurance Marine Insurance; 989
151991 Inc. v. Trans-Asia Shipping Lines, Inc. Breach of Warranty
June 23, 2006
152613 Apex Mining Co., Inc. v. Southeast Doctrine of 992
Mindanao Gold Mining Corp. Piercing
the Corporate Veil
June 27, 2006
158589 Philip Morris, Inc. v. Fortune Trademark; 993
Tobacco Corp. Infringement
June 30, 2006
164801 PNB v. Heirs of Estanislao Militar Banks; Mortgagee; 997
Purchasers in Good
Faith
167270 PNB v. Helen Joyce Campos Banks; Fiduciary 1000
Duty
July 17, 2006
141667 Republic of the Philippines v. Legislative 1001
International Communications Corp. Franchise; Public
Service Act;
Revenue Regulation
xxxvi
July 20, 2006
154131 Securities and Exchange Commission SEC; Cease and 1004
v. Performance Foreign Exchange Corp. Desist Order
July 21, 2006
150416 Seventh Day Adventist Conference De Facto 1006
Church of Southern Phil., Inc. v. Corporation
Northeastern Mindanao
Mission of Seventh Day Adventist, Inc.
July 27, 2006
146472 Eastern Shipping Lines, Inc. v. Common Carriers; 1008
N.V. The Netherlands Insurance Presumption of
Company Negligence
July 28, 2006
118692 Coastal Pacific Trading, Inc. v. Southern Directors; Duties 1009
Rolling Milk, Inc.
August 4, 2006
150959 United Paragon Mining Corporation Corporation; 1014
v. Court of Appeals Powers
August 17, 2006
153468 Paul Lee Tan v. Paul Sycip Corporation; Dead 1016
Member-trustees;
Quorum
165382 Union Bank of the Philippines v. Jurisdiction Over 1020
Securities and Exchange Commission Intra-Corporate
Cases
August 22, 2006
150350 Koji Yasuma v. Heirs of Cecilio de Villa Corporate Loans 1022
September 5, 2006
129910 The International Corporate Bank, Checks; Material 1024
Inc. v. Court of Appeals Alteration
September 8, 2006
147791 Construction Development Corporation Insurance; Notice 1026
of the Philippines v. Rebecca Estrella of Claim
169334 Leticia Miranda v. Philippine Deposit New Central 1028
Insurance Corporation Bank
Act; Disputed
Claims
September 15, 2006
156207 Equitable PCI Bank v. Rowena Ong Holder in Due 1030
Course; Extra-
ordinary Diligence
Required of Banks
October 27, 2006
164605 Caterpillar, Inc. v. Manolo Samson Unfair 1032
Competition
October 30, 2006
171392 Ruperto Suldao v. Cimech System Piercing the Veil 1034
Construction, Inc. of Corporate
Fiction
xxxvii
October 31, 2006
146313 Florencio Orendain v. BF Homes, Inc. Jurisdiction Over 1035
Intra-corporate
Controversies
November 29, 2006
156294 Melva Theresa Alviar Gonzales v. Rizal Liabilities of 1039
Commercial Banking Corporation General Indorsers;
Irregular
Indorsement
November 30, 2006
157294-95 Joseph Victor Ejercito v. Sandiganbayan Secrecy of Bank 1041
Deposits Law;
Coverage and
Exception
December 6, 2006
154469 Metropolitan Bank and Trust Material 1044
Company v. Renato Cabilzo Alteration;
Liability of Drawee
December 18, 2006
140687 China Banking Corporation v. Hon. Secrecy of 1048
Court of Appeals Foreign
Currency Deposits
158261 In Re: Petition for Assistance in the Involuntary 1051
Liquidation of the Rural Bank of Dissolution;
Bokod, Inc., Philippine Deposit Distribution of
Insurance Corporation v. Bureau Assets; Tax
of Internal Revenue Clearance

Master your semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master your semester with Scribd & The New York Times

Cancel anytime.