Mamaril v. The Red System Company, Inc., G.R. No. 229920, July 4, 2018

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ner, v. THE RED SYSTEM COMPANY, INC., DANILO PADRIGON, A…
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2018 > July 2018 Decisions > G.R. No. 229920,
July 04, 2018 - SAMUEL MAMARIL, Petitioner, v.
THE RED SYSTEM COMPANY, INC., DANILO
PADRIGON, AGNES TUNPALAN, ALEJANDRO
ALVAREZ, JODERICK LOZANO, ENRIQUE ROMMEL
MIRAFLORES, DOMINGO RIVERO, Respondents.:
ChanRobles MCLE G.R. No. 229920, July 04, 2018 - SAMUEL

On-line MAMARIL, Petitioner, v. THE RED SYSTEM
COMPANY, INC., DANILO PADRIGON, AGNES
TUNPALAN, ALEJANDRO ALVAREZ, JODERICK
https://chanrobles.com/cralaw/2018julydecisions.php?id=615 1/68
8/22/23, 9:11 AM G.R. No. 229920, July 04, 2018 - SAMUEL MAMARIL, Petitioner, v. THE RED SYSTEM COMPANY, INC., DANILO PADRIGON, A…
ChanRobles Lawnet Inc.LOZANO,

- ENRIQUE ROMMEL MIRAFLORES,
ChanRobles MCLE On-lineDOMINGO
: RIVERO, Respondents.
www.chanroblesmcleonline.com
SECOND DIVISION
July-2018 G.R. No. 229920, July 04, 2018

Jurisprudence
SAMUEL MAMARIL, Petitioner, v. THE RED
SYSTEM COMPANY, INC., DANILO PADRIGON,
A.M. No. P-16- AGNES TUNPALAN, ALEJANDRO ALVAREZ,
3595 (Formerly OCA JODERICK LOZANO, ENRIQUE ROMMEL
I.P.I. No. 15-4446-P), MIRAFLORES, DOMINGO RIVERO,
June 26, 2018 - HON. Respondents.
DENNIS PATRICK Z.
DECISION
PEREZ, PRESIDING
JUDGE, BRANCH 67, REYES, JR., J.:
REGIONAL TRIAL
An employee's tenurial security shall not be used
COURT,
as a shield to force the hand of an employer to
BINANGONAN, RIZAL,
maintain a recalcitrant employee, whose continued
Complainant, v.
employment is patently inimical to the employer's
ALMIRA L. ROXAS,
interest. Accordingly, an employee who is found to
CLERK III, BRANCH
be willfully disobedient of the employer's lawful
67, REGIONAL TRIAL
and reasonable rules and regulations may be
COURT,
dismissed from service.
BINANGONAN, RIZAL,
Respondent.
This treats of the Petition for Review on Certiorari1
under Rule 45 of the Revised Rules of Court
A.M. No. P-18-
3842 (Formerly OCA seeking the reversal of the Decision2 dated
IPI No. 12-3965-P), September 9, 2016, and Resolution3 dated

June 11, 2018 - January 30, 2017, rendered by the Court of
CONSTANCIA Appeals (CA) in CA-G.R. SP No. 06413-MIN, which
BENONG-LINDE, dismissed the complaint for illegal dismissal filed
Complainant, v. by petitioner Samuel Mamaril (Mamaril) against
FELADELFA L. respondent The Red System Company, Inc. (Red
LOMANTAS, SOCIAL
WELFARE OFFICER II, System).

OFFICE OF THE CLERK
OF COURT, REGIONAL
The Antecedents
TRIAL COURT,
TAGBILARAN CITY,
BOHOL, Respondent.
Red System is a company engaged in the business
of transporting Coca Cola Products from Coca-Cola
A.C. No. 10145,
June 11, 2018 - warehouses to its various customers.4 Red System
OLIVER FABUGAIS, owns and operates several delivery trucks.5

Complainant, v. ATTY.
BERARDO C. FAUNDO On June 1, 2011, Red System employed Mamaril
JR., Respondent. as a delivery service representative. Mamaril was
assigned in Davao and was tasked to transport
G.R. No. 225219, goods from various depots to the end users.6 He
June 11, 2018 -
received a daily wage of Php 301.00.7
PEOPLE OF THE
PHILIPPINES, Plaintiff-
Prior to his employment as a delivery service
Appellee, v. RICO DE representative, Mamaril was required to undergo
ASIS Y BALQUIN, seminars to orient him on the rules and
Accused-Appellant. regulations of Red System. During the orientation,
drivers like Mamaril, were reminded to always
G.R. No. 218244,
observe the following safety rules, namely, to put
June 13, 2018 -
a tire choke (kalso), engage the hand brake, and
PEOPLE OF THE shift the transmission to first gear, before leaving
PHILIPPINES, Plaintiff- the parked vehicle. These safeguards were
Appellee, v. ARDIN necessary to prevent the movement of the truck
CUESTA CADAMPOG,
while pushed by a forklift during loading and
Accused-Appellant.
unloading operations.8
G.R. No. 234499,

Meanwhile, on November 9, 2011, Red System
June 06, 2018 - RUDY
conducted an administrative hearing to determine
L. RACPAN, Petitioner,
Mamaril's complicity in fraudulent and anomalous
v. SHARON BARROGA-
re-fueling charges on the truck he was driving.
HAIGH, Respondent.
However, when asked if he had violated any other
company regulations, or if he had met an accident
G.R. No. 218253,
that caused any damage to the truck, Mamaril
June 20, 2018 -
admitted that he had met an accident in the past.9
PEOPLE OF THE
PHILIPPINES, Plaintiff- Apparently, three days after Mamaril's
Appellee, v. EVELYN employment, he failed to put a tire choke, and
SEGUIENTE Y worse, shifted the gear to neutral after parking the
RAMIREZ, Accused- truck he was driving. This caused the truck to
Appellant. move, which caused damage to Coca-Cola
products valued at Php 14,556.00. Mamaril did not
G.R. No. 223141, report the incident, and even concealed the
June 06, 2018 - matter.10
PEOPLE OF THE
PHILIPPINES, Plaintiff- Upon discovering Mamaril's mishap, Red System
Appellee, v. JAY immediately re-assigned the former as a
SUAREZ Y CABUSO,
warehouse yard driver.11 As a yard driver, Mamaril
Accused-Appellants.
was tasked to maneuver trucks to ensure their
proper parking in preparation for the safe and
G.R. No. 230717,
efficient loading and unloading of products.12
June 20, 2018 -
PEOPLE OF THE
However, days after Mamaril's transfer, he was
involved in yet another accident. On November 12,
Appellee, v. LULU
2011, Mamaril parked the truck with plate number
BATTUNG Y NARMAR,
PIK 726, without again putting a tire choke and
Accused-Appellant.
engaging the hand break. As a result, the parked
truck moved and hit another vehicle, causing
G.R. No. 212413,
damage amounting to Php 25,500.00. In addition,
June 06, 2018 - MA.
Mamaril caused an undetermined amount of
ROSARIO AGARRADO,
RUTH LIBRADA damage to the vehicle hit by his truck.13 Mamaril
AGARRADO AND ROY again concealed the incident.
AGARRADO, FOR
THEMSELVES AND Sometime in February 2012, Red System suddenly
FOR THE BENEFIT OF received a Job Order amounting to Php 25,500.00,
THEIR SIBLINGS AND for the repair of the truck with plate number PIK
CO-OWNERS 726, from Motormall Davao Corporation.14

ROBERTO AGARRADO, Surprised and curious as to how the truck incurred
REUEL ANDRES such heavy damage, Red System conducted an
AGARRADO, HEIRS OF investigation. The investigation pointed to Mamaril
THE LATE RODRIGO as the person responsible for the damage.15
AGARRADO, JR., REX
AGARRADO AND JUDY Consequently, on April 10, 2012, Red System sent
AGARRADO, Mamaril a Notice to Explain.16 In the said Notice,

Petitioners, v. Mamaril was likewise apprised that the charges
CRISTITA LIBRANDO- against him were serious and may warrant the
AGARRADO AND ANA
penalty of dismissal.17
LOU AGARRADO-
KING, Respondents.
On May 3, 2012, Mamaril submitted his written
explanation, where he admitted that he violated
A.M. No. P-16-
the safety rules, which caused damage to the
3617, June 06, 2018 -
truck.18
OFFICE OF THE
COURT
Thereafter, on June 8, 2012, Red System held an
ADMINISTRATOR,
administrative hearing. Mamaril admitted that his
Complainant, v.
failure to engage the hand brake and put a tire
GILBERT T. INMENZO,
CLERK OF COURT III, choke on the vehicle resulted to damage.19
Additionally, Red System discovered during the
METROPOLITAN TRIAL
investigation that Mamaril had also committed
COURT, BRANCH 52,
several other infractions that were not reported to
CALOOCAN CITY,
Respondent. the company, such as pilferage, tardiness and
other violations of the company's safety rules.20

G.R. No. 224115,
June 20, 2018 - Meanwhile, during the pendency of the
MAGSAYSAY administrative hearing against Mamaril, Red
MARITIME CORP./AIR- Systems' officers noticed that the former
SEA HOLIDAY GMBH encountered several near-accident misses and
STABLE exhibited a lack of concern towards his work.
ORGANIZATION Consequently, Mamaril was advised to be more
ITALIA/ MARLON R. focused on his duties. However, the advice
ROï¿½O, Petitioners, remained unheeded. Thus, to protect the safety of
v. ELMER V. ENANOR, the company personnel and equipment, Red
Respondent. System placed Mamaril under preventive
suspension for a period of one month, which took
G.R. No. 222645, effect on August 3, 2012. Nina Kathrina Sordan,
June 27, 2018 - Red System's Site Human Resource Officer, and
PEOPLE OF THE Ruselo Raga (Raga), Mamaril's supervisor,
PHILIPPINES, Plaintiff- explained to Mamaril the nature and duration of
Appellee, v. MICHAEL his preventive suspension.21
DELIMA, ALLAN
DELIMA, JOHN DOE, Subsequently, prior to the expiration of the 30-day

PAUL DOE AND PETER preventive suspension, Raga contacted Mamaril
DOE ACCUSED, and told him to report for work on September 4,
MICHAEL DELIMA AND 2012. Mamaril did not comply with the directive,
ALLAN DELIMA, and belatedly returned on September 18, 2012.22
Accused-Appellants.
After the completion of the administrative

G.R. No. 225125, investigation, Red System found Mamaril guilty of
June 06, 2018 - violating the Company Code of Conduct,
MARLON L. ARCILLA, particularly, Article 4 or Unacceptable Conduct and
Petitioner, v. Behavior, as well as Rule 5, Section 2, pertaining
ZULISIBS, INC., to "Other Offenses or Other Acts of Negligence,
PIANDRE SALON, AND Inefficiency in the Performance of Duties or in the
ROSALINDA Care, Custody/or Use of Company Property, Funds
FRANCISCO, or Equipment Where the Amount of Loss or
Respondents. Damage to the company amounted to more than
Php 25,000.00." Accordingly, Mamaril was
A.M. No. 18-04-79- terminated for willful disobedience and willful
RTC, June 20, 2018 - breach of trust as provided under Article 297 of
RE: DROPPING FROM
the Labor Code.23
THE ROLLS OF MR.
FLORANTE B.
Aggrieved, Mamaril filed a Complaint for illegal
SUMANGIL, CLERK III,
dismissal with damages and attorney's fees. In his
REGIONAL TRIAL
Position Paper,24 he claimed that he was illegally
COURT OF PASAY
dismissed by Red System. He asserted that his
CITY, BRANCH 119.
termination from employment was too harsh as it
was manifestly disproportionate to his infractions.
G.R. No. 200899,
He sought for his reinstatement and the payment
June 20, 2018 -
of his backwages and other benefits and privileges
HEIRS OF PAZ
from the time of his illegal dismissal until his
MACALALAD, NAMELY:
reinstatement. He likewise prayed for moral
MARIETA MACALALAD,
damages, exemplary damages and attorney's fees,
ARLENE MACALALAD-
assailing Red System's unjust and oppressive
ADAY, JIMMY
dismissal, which purportedly caused him mental
MACALALAD, MA.
anguish, social humiliation and a besmirched
CRISTINA
MACALALAD, NENITA reputation.25
MACALALAD-PAPA,
AND DANNY Ruling of the Labor Arbiter
MACALALAD,
Petitioners, v. RURAL
BANK OF POLA, INC. In its Decision26 on November 20, 2013, the Labor
AND REGISTER OF Arbiter (LA) dismissed the complaint for illegal
DEEDS OF ORIENTAL dismissal. The LA ratiocinated that Mamaril was
MINDORO, validly dismissed, as he was found to have been
Respondents. negligent, for failing to follow Red System's safety
instructions. In fact, Mamaril admitted his
A.C. No. 11981, complicity in such negligence. The LA held that
July 03, 2018 - LEAH Mamaril's propensity to violate the company's
B. TADAY, safety rules and conceal his misdeeds show that
he is unfit to remain in Red System's service.27
DIONISIO B. APOYA,
JR., Respondent.
Likewise, the LA refused to award Mamaril his 13th
month pay and service incentive leave (SIL) pay
A.M. No. 18-06-01-
considering that they were never substantiated,
SC, July 17, 2018 -
properly discussed and included in Mamaril's
RE: SHOW CAUSE
position paper.
ORDER IN THE
DECISION DATED MAY
The dispositive portion of the LA decision reads:
11, 2018 IN G.R. NO.
237428 (REPUBLIC OF
THE PHILIPPINES, WHEREFORE, premises considered,
REPRESENTED BY judgment is hereby rendered
SOLICITOR GENERAL DISMISSING the complaint for Illegal
JOSE C. CALIDA V. Dismissal for lack of merit.
MARIA LOURDES P. A.
SERENO) All other claims are likewise DENIED for
failure to substantiate and lack of
A.C. No. 12137, merit.
July 09, 2018 -
PHENINAH* D.F.
SO ORDERED.28
WASHINGTON,
SAMUEL D. DICEN,
Respondent. Dissatisfied with the LA's ruling, Mamaril filed a
Memorandum of Appeal29 with the National Labor
G.R. No. 221439, Relations Commission (NLRC).

July 04, 2018 -
PEOPLE OF THE Ruling of the NLRC
Appellee, v. RASHID
BINASING Y On April 24, 2014, the NLRC issued a Resolution30
DISALUNGAN, affirming the LA's decision with modification.
Accused-Appellant. Echoing the ruling of the LA, the NLRC held that
Mamaril was validly dismissed from employment,
G.R. No. 212034, as he was proven to be guilty of violating Red
July 02, 2018 - System's Code of Conduct. Considering that his
COLEGIO MEDICO- dismissal was warranted under the circumstances,
FARMACEUTICO DE his claims for reinstatement and backwages have
FILIPINAS, INC., no leg to stand on. In the same vein, the NLRC
Petitioner, v. LILY LIM rejected Mamaril's claim for moral and exemplary
AND ALL PERSONS damages due to his failure to present evidence
CLAIMING UNDER showing that Red System acted with malice or bad
HER, Respondent. faith in effecting his dismissal. The NLRC also
denied Mamaril's claim for attorney's fees for lack
A.M. No. RTJ-16-
of legal and factual basis.31
2484, July 23, 2018 -
THE OFFICE OF THE
In addition, the NLRC rejected Mamaril's claim that
COURT
he was meted with a "double penalty," for having
ADMINISTRATOR,
been suspended, and thereafter terminated from
Complainant, v. HON.
employment. The NLRC clarified that what was
SELMA P. ALARAS,
initially imposed upon Mamaril was a preventive
PRESIDING JUDGE,
suspension, which was a disciplinary measure
BRANCH 62,
resorted to by Red System, pending the
REGIONAL TRIAL
investigation of the former's offenses.32
COURT, MAKATI CITY,
Respondent.
However, the NLRC awarded 13th month pay and
G.R. No. 223553, SIL pay in favor of Mamaril. It noted that Red
July 04, 2018 - System failed to present any document proving
PEOPLE OF THE that it had indeed paid Mamaril his 13th month pay
PHILIPPINES, Plaintiff- and SIL pay. Nevertheless, the NLRC limited the
Appellee, v. ROGELIO award to three (3) years prior to the filing of the
BAGUION A.K.A. complaint, pursuant to Article 291 of the Labor
Code.33
"ROGEL," Defendant-
Appellant. The dispositive portion of the NLRC decision reads:
G.R. No. 227421,

WHEREFORE, [Mamaril's] appeal is
July 23, 2018 -
PARTIALLY GRANTED.
PEOPLE OF THE
Accordingly, the decision of [LA] Joseph
Appellee, v. RODOLFO
Martin R. Castillo dated November 20,
OLARBE Y
2013 is AFFIRMED with modification.
BALIHANGO, Accused-
[Red System], through its responsible
Appellants.
officers, is directed to pay [Mamaril] his
G.R. No. 179148, 13th month pay and [SIL] pay limited
only to three (3) years from the filing
July 23, 2018 -
of the instant complaint pursuant to
PEOPLE OF THE
Article 291 of the Labor Code.
Appellee, v. ALEXIS
The rest of [Mamaril's] money claims
DINDO SAN JOSE Y
are dismissed for lack of factual and/or
SUICO, Accused-
legal basis.
Appellants.
The computation of [Mamaril's] money

G.R. No. 178591,
claims shall be done at the Regional
July 30, 2018 - SM
Arbitration Branch a quo during the
SYSTEMS
pre-execution proceedings.
CORPORATION
(FORMERLY
SPRINGSUN SO ORDERED.34
MANAGEMENT
SYSTEMS
CORPORATION),
Mamaril filed a Petition for Certiorari under Rule 65
Petitioner, v. OSCAR
of the Revised Rules of Court with the CA.
CAMERINO, EFREN
CAMERINO,
Ruling of the CA
CORNELIO MANTILE,
DOMINGO ENRIQUEZ
AND HEIRS OF
On September 9, 2016, the CA rendered the
NOLASCO DEL
assailed Decision35 affirming the NLRC resolution.
The CA found no reason to reverse the findings of
ROSARIO, the LA and the NLRC holding that Mamaril was

Respondents. validly terminated by Red System. The CA
ratiocinated that Mamaril's repeated failure to
G.R. No. 225497, comply with Red System's safety instructions
July 23, 2018 - constituted a just cause for his dismissal.36 His
PEOPLE OF THE acts caused loss and damage to Red System, and
PHILIPPINES, Plaintiff- constituted willful disobedience, negligence and
Appellee, v. willful breach of trust, which are just causes for
MARCIANO UBUNGEN
termination under the Labor Code.37
Y PULIDO, Accused-
Appellant.
Likewise, the CA agreed with the NLRC's finding
that the suspension imposed on Mamaril was
A.M. No. RTJ-13-
merely a preventive suspension and not a
2350 (Formerly OCA
penalty.38 Hence, Red System cannot be held
IPI No. 10-3507-RTJ),
guilty for imposing a double penalty against
July 23, 2018 - SPS.
ALBERTO AND LILIAN Mamaril.39
PACHO, Complainants,
v. JUDGE AGAPITO S. The CA also affirmed the NLRC's award of 13th
LU, REGIONAL TRIAL month pay and SIL pay in favor of Mamaril.40
COURT, BRANCH 88,
CAVITE CITY, The decretal portion of the assailed CA decision
Respondent. reads:
G.R. No. 222297,

WHEREFORE, the petition is DENIED.
July 09, 2018 -
The Resolutions dated April 24, 2014
FORTUNATO
and June 30, 2014 of the [NLRC],
ANZURES, Petitioner,
Eighth Division, are hereby
v. SPOUSES ERLINDA
AFFIRMED.
VENTANILLA AND
ARTURO VENTANILLA,
Respondents. SO ORDERED.41
G.R. No. 222563,

July 23, 2018 -
Undeterred, Mamaril filed the instant Petition for
PEOPLE OF THE
Review on Certiorari42 under Rule 45 of the
Revised Rules of Court.
Appellee, v.
REYNALDO ROJAS Y
VILLABLANCA, JR., The Issues

Accused-Appellants.
G.R. Nos. 235937- The issues raised for the Court's resolution pertain
40, July 23, 2018 - to: (i) whether or not Mamaril was illegally
JOHANNE EDWARD B. dismissed by Red System, and is consequently
LABAY, Petitioner, v. entitled to reinstatement and full backwages; and
SANDIGANBAYAN, (ii) whether or not Red System was guilty of
THIRD DIVISION, imposing a double penalty against Mamaril.
AND PEOPLE OF THE
PHILIPPINES, Mamaril tenaciously maintains that he was illegally
Respondents. dismissed from his employment. He claims that he
was even subjected to a double penalty that was
G.R. No. 218721, harsh and excessive, as he was initially placed
July 10, 2018 - BINGA under suspension and thereafter dismissed, based
HYDROELECTRIC on the same infraction. He avers that his initial
PLANT, INC., HEREIN suspension could not have been a preventive
REPRESENTED BY ITS suspension, considering that the incident subject
EXECUTIVE VICE- of the administrative complaint took place in
PRESIDENT, ERWIN T. February 2012 while the administrative hearing
TAN, Petitioner, v. belatedly followed on June 8, 2012, and he was
COMMISSION ON suspended only in September 2012. He even
AUDIT AND NATIONAL continued to work for Red System from February
POWER to September 2012, which proves that he was not
CORPORATION, a threat to Red System's property and
Respondents. personnel.43 According to Mamaril, this clearly
shows that the imposition of the preventive
G.R. No. 206800, suspension was unnecessary and hence,
July 02, 2018 -
unjustified.44 Furthermore, he bewails that the
STRADCOM
penalty of dismissal was too harsh and excessive
CORPORATION AND
for the infraction he committed. He points out that
JOSE A. CHUA,
he readily admitted his misdeed and even offered
Petitioners, v. JOYCE
to pay the cost of the damage, which are
ANNABELLE L.
circumstances that warrant the imposition of a
ORPILLA, Respondent.
lesser penalty.45
G.R. No. 227502,

On the other hand, Red System counters that
July 23, 2018 -
Mamaril's claim that his preventive suspension
PEOPLE OF THE already constituted a penalty is unfounded and

PHILIPPINES, Plaintiff- without legal basis. Red System points out that
Appellee, v. RANDY Mamaril was given a Notice of Preventive
GAJILA Y SALAZAR, Suspension, which clearly indicated that he was
Accused-Appellants. being placed on suspension, pending the
investigation of the charges against him. In fact,
G.R. No. 199802, his supervisor and the Human Resource
July 03, 2018 - Department even separately met with him to
CONGRESSMAN discuss the nature and duration of his preventive
HERMILANDO I. suspension. Red System stresses that it was
MANDANAS; MAYOR imperative to place Mamaril under preventive
EFREN B. DIONA; suspension due to the threat he posed to the
MAYOR ANTONINO A. former's property and personnel. Red System
AURELIO; KAGAWAD further avers that even assuming that the
MARIO ILAGAN; preventive suspension was illegal, his dismissal
BARANGAY CHAIR was nonetheless valid. He was terminated after
PERLITO MANALO; the completion of the administrative investigation,
BARANGAY CHAIR where he was found to have committed a grave
MEDEL MEDRANO; and blatant violation of the company's safety
BARANGAY KAGAWAD rules. Besides, Mamaril's conduct during his two-
CRIS RAMOS; year employment with Red System revealed a
BARANGAY KAGAWAD pattern of flagrant and repeated violations of
ELISA D. BALBAGO, safety rules, notorious tardiness and involvement
AND ATTY. JOSE in several anomalies. These transgressions clearly
MALVAR VILLEGAS, justified his termination from employment.46
Petitioners, v.
EXECUTIVE Ruling of the Court
SECRETARY PAQUITO
N. OCHOA, JR.;
SECRETARY CESAR The instant petition is bereft of merit.
PURISIMA,
DEPARTMENT OF It must be noted at the outset that the jurisdiction
FINANCE; SECRETARY of the Court in a petition for review on certiorari
FLORENCIO H. ABAD, under Rule 45 of the Revised Rules of Court is
DEPARTMENT OF limited only to reviewing errors of law, not of fact,
BUDGET AND unless the factual findings complained of are
MANAGEMENT; completely devoid of support from the evidence on
COMMISSIONER KIM record, or the assailed judgment is based on a
JACINTO-HENARES,
BUREAU OF INTERNAL gross misapprehension of facts.47 The Court finds

REVENUE; AND that none of the mentioned circumstances are
NATIONAL present to warrant a review of the factual findings
TREASURER ROBERTO of the case. Furthermore, the issues raised in the
TAN, BUREAU OF THE case at bar, which chiefly pertain to the legality of
TREASURY, Mamaril's dismissal, involve a calibration and re-
Respondents.; G.R. evaluation of the evidence presented by the
No. 208488, July 3, parties, which is outside the province of a petition
2018 - HONORABLE for review under Rule 45 of the Revised Rules of
ENRIQUE T. GARCIA, Court.
JR., IN HIS PERSONAL
AND OFFICIAL At any rate, the CA did not commit any reversible
CAPACITY AS error that would warrant the reversal of its
REPRESENTATIVE OF assailed decision.
THE 2ND DISTRICT
OF THE PROVINCE OF Mamaril was validly dismissed on
BATAAN, Petitioner, v. account of his willful disobedience
HONORABLE of the lawful orders of Red System.
[PAQUITO] N. OCHOA,
JR., EXECUTIVE Remarkably, "the law and jurisprudence guarantee
SECRETARY; to every employee security of tenure. This textual
HONORABLE CESAR V. and the ensuing jurisprudential commitment to the
PURISIMA, cause and welfare of the working class proceed
SECRETARY, from the social justice principles of the
DEPARTMENT OF Constitution that the Court zealously implements
FINANCE;
out of its concern for those with less in life."48
HONORABLE
However, this constitutional commitment to the
FLORENCIO H. ABAD,
policy of social justice does not mean that every
SECRETARY,
labor dispute shall be automatically decided in
DEPARTMENT OF
favor of labor.49 It must also be remembered that
BUDGET AND
in protecting the rights of the workers, the law
MANAGEMENT;
does not authorize the oppression of the
HONORABLE KIM S.
JACINTO-HENARES, employer.50 Hence, due regard is likewise given to
the right of an employer to manage its operations
COMMISSIONER,
according to reasonable standards and norms of
BUREAU OF INTERNAL
REVENUE; AND fair play.51 This means that an employer has free
HONORABLE reign over every aspect of its business, including
ROZZANO RUFINO B. the dismissal of its employees, as long as the

BIAZON, exercise of its management prerogative is done
COMMISSIONER, reasonably, in good faith, and in a manner not
BUREAU OF otherwise intended to defeat or circumvent the
CUSTOMS, rights of workers.52
Respondents.
Accordingly, Article 297 of the Labor Code affirms

G.R. No. 225604, the right of an employer to dismiss a miscreant
July 23, 2018 - employee on account of the latter's willful
PEOPLE OF THE disobedience, to wit:
Appellee, v.
DIONESIO ROY Y Article 282. (now Article 297)
PERALTA, Accused- Termination by employer. An
Appellants. employer may terminate an

employment for any of the following
G.R. No. 213446, causes:
July 03, 2018 -

CONFEDERATION FOR
1. Serious misconduct or willful
UNITY, RECOGNITION
disobedience by the employee
AND ADVANCEMENT
of the lawful orders of his
OF GOVERNMENT
employer or representative in
EMPLOYEES
connection with his work;
(COURAGE);
2. Gross and habitual neglect by the
JUDICIARY
employee of his duties;
EMPLOYEES
3. Fraud or willful breach by the
ASSOCIATION OF THE
employee of the trust reposed in
PHILIPPINES (JUDEA-
him by his employer or duly
PHILS);
authorized representative;
SANDIGANBAYAN
4. Commission of a crime or offense
EMPLOYEES
by the employee against the
ASSOCIATION (SEA);
person of his employer or any
SANDIGAN NG MGA
immediate member of his family
EMPLEYADONG
or his duly authorized
NAGKAKAISA SA
representatives; and
ADHIKAIN NG
5. Other causes analogous to the
DEMOKRATIKONG
foregoing." (Emphasis Ours)
ORGANISASYON
(S.E.N.A.D.O.);
ASSOCIATION OF
COURT OF APPEALS
EMPLOYEES (ACAE); Significantly, jurisprudence ordains that for an
DEPARTMENT OF employee to be validly dismissed on the ground of
AGRARIAN REFORM willful disobedience, the employer must prove by
EMPLOYEES substantial evidence that: (i) "the employee's
ASSOCIATION assailed conduct must have been willful or
(DAREA); SOCIAL intentional, the willfulness being characterized by
WELFARE EMPLOYEES a wrongful and perverse attitude; and (ii) the
ASSOCIATION OF THE order violated must have been reasonable, lawful,
PHILIPPINES- made known to the employee and must pertain to
DEPARTMENT OF the duties which he had been engaged to
SOCIAL WELFARE discharge."53
AND DEVELOPMENT
(SWEAP-DSWD); In the case at bar, it bears noting that the lifeblood
DEPARTMENT OF of Red System's business is the safe transport and
TRADE AND delivery of Coca-Cola products from the
INDUSTRY warehouse to the customers. As such, Red System
EMPLOYEES UNION imposed stringent guidelines to ensure the safe
(DTI-EU); KAPISANAN and efficient delivery of all the products.
PARA SA Specifically, drivers were repeatedly reminded to
KAGALINGAN NG MGA place a tire choke, shift the engine to first gear,
KAWANI NG METRO and pull the hand brake, upon parking the truck.
MANILA Compliance with these safety measures was
DEVELOPMENT essential to prevent the sudden movement of the
AUTHORITY (KKK- truck while parked and pushed by a forklift during
MMDA); WATER loading and unloading operations. Likewise,
SYSTEM EMPLOYEES caution was necessary to avoid damage to the new
RESPONSE (WATER); trucks. Moreover, extra-care was mandated in
CONSOLIDATED hauling Coca-Cola products to avoid accidents
UNION OF which would result in needless delays and
EMPLOYEES OF THE unnecessary expenses and ruin Red System's good
NATIONAL HOUSING
will.54
AUTHORITIES (CUE-
NHA); AND
It bears noting that Red System was not remiss in
KAPISANAN NG MGA
reminding its drivers of the importance of abiding
MANGGAGAWA AT
by their safety regulations. To ensure a strict
KAWANI NG QUEZON
observance of the rules, the company required its
CITY (KASAMA KA- drivers to attend various safety seminars, in

QC), Petitioners, v. addition to a mandated pre-employment
COMMISSIONER, orientation. In fact, Mamaril attended a pre-
BUREAU OF INTERNAL orientation seminar and five safety seminars over
REVENUE AND THE the course of his two-year stint with Red
SECRETARY, System.55 Added to this, the safety rules were
DEPARTMENT OF also written in Red System's Code of Conduct.
FINANCE, There can be no doubt as to the lawfulness,
Respondents.; reasonableness and necessity of Red System's
NATIONAL safety instructions. Moreover, the rules pertained
FEDERATION OF to the duties performed by Mamaril. Accordingly,
EMPLOYEES Mamaril was duty-bound to comply with such
ASSOCIATIONS OF safety orders, as his main task consisted in driving
THE DEPARTMENT OF and delivering fragile products. This
AGRICULTURE notwithstanding, Mamaril still willfully and
(NAFEDA), negligently failed to abide by the safety rules.
REPRESENTED BY ITS
EXECUTIVE VICE The records show that three days after Mamaril
PRESIDENT ROMAN was employed, he failed to put a tire choke, and
M. SANCHEZ, worse, shifted the truck's gear to neutral. As a
DEPARTMENT OF result, the parked vehicle moved causing damage
AGRICULTURE to Coca-Cola products valued at Php 14,556.00, in
EMPLOYEES addition to the damage he caused to the truck. To
ASSOCIATION OFFICE make matters worse, instead of reporting the
OF THE SECRETARY incident to his supervisor, as mandated under Red
(DAEA-OSEC), System's rules, Mamaril deliberately concealed the
REPRESENTED BY ITS incident. If not for his belated admission in an
ACTING PRESIDENT administrative hearing on a different incident, Red
ROWENA GENETE, System would not have learned about his prior
NATIONAL
misdeed.56
AGRICULTURAL AND
FISHERIES COUNCIL
To make matters worse, Mamaril was again found
EMPLOYEES
to have committed the same violation of Red
ASSOCIATION
System's safety rules. On November 12, 2011,
(NAFCEA),
Mamaril parked the truck with plate number PIK
REPRESENTED BY ITS
726, without again putting a tire choke and
PRESIDENT SOLIDAD
engaging the hand brake. Due to his failure to
B. BERNARDO,
perform the required safety standards, the truck
COMMISSION ON
ELECTIONS moved backwards and hit another vehicle. This

EMPLOYEES UNION caused damage amounting to Php 25,500.00.
(COMELEC EU), Brazenly, Mamaril again purposely concealed the
REPRESENTED BY ITS incident. Red System belatedly learned of the
PRESIDENT MARK accident only after conducting an investigation,
CHRISTOPHER D. after it was surprised to receive Job Order from
RAMIREZ, MINES AND Motormall Davao Corporation for the repair of the
GEOSCIENCES said truck.57
BUREAU EMPLOYEES
ASSOCIATION Clearly, Mamaril's acts constituted a violation of
CENTRAL OFFICE Red System's company policy. Rule 5, Section 2(b)
(MGBEA CO), (3) of Red System's Code of Conduct penalizes
REPRESENTED BY ITS other acts of negligence or inefficiency in the
PRESIDENT performance of duties or in the care, custody
MAYBELLYN A. and/or use of company property, funds and/or
ZEPEDA, LIVESTOCK equipment, where the amount of loss or damage
DEVELOPMENT amounts of more than Php 25,000.00. A violation
COUNCIL EMPLOYEES
of such rule warrants a penalty of dismissal.58
ASSOCIATION
(LDCEA),
Notably, Mamaril violated Red System's safety
REPRESENTED BY ITS
rules twice, and caused damage amounting to over
PRESIDENT JOVITA M.
Php 40,000.00. To make matters worse, he even
GONZALES,
deliberately and willfully concealed his
ASSOCIATION OF
transgressions. Such flagrant violation of the rules,
CONCERNED
coupled with the perversity of concealing the
EMPLOYEES OF
incidents, patently show a wrongful and perverse
PHILIPPINE
mental attitude rendering Mamaril 's acts
FISHERIES
inconsistent with proper subordination.
DEVELOPMENT
Indubitably, this shows that Mamaril was indeed
AUTHORITY (ACE OF
guilty of willful disobedience of Red System's
PFDA), REPRESENTED
lawful orders.
BY ITS PRESIDENT
ROSARIO DEBLOIS,
It must likewise be noted that the Court will not
Intervenors.; G.R. No.
condone Mamaril's acts in exchange for his
213658, July 3, 2018
admission of his mistakes and his willingness to
- JUDGE ARMANDO A.
pay for the damage he caused. Guided by the
YANGA, IN HIS
Court's ruling in St. Luke's Medical Center, Inc. v.
PERSONAL CAPACITY
Sanchez,59 the deliberate disregard or
AND IN HIS CAPACITY disobedience by an employee of the rules, shall

AS PRESIDENT OF not be countenanced, as it may encourage him or
THE RTC JUDGES her to do even worse and will render a mockery of
ASSOCIATION OF the rules of discipline that employees are required
MANILA, AND MA. to observe.60 To allow a recalcitrant employee like
CRISTINA CARMELA I. Mamaril to remain in Red System's employ shall
JAPZON, IN HER amount to coddling an obstinate employee at the
PERSONAL CAPACITY expense of the employer.
AND IN HER
CAPACITY AS Thus, taking all the circumstances collectively, the
PRESIDENT OF THE Court is convinced that Red System had sufficient
PHILIPPINE and valid reason for terminating Mamaril's
ASSOCIATION OF services, as his continued employment would be
COURT EMPLOYEES- patently inimical to its interest. It is evident from
MANILA CHAPTER, the circumstances that Red System's decision to
Petitioners, v. HON. terminate Mamaril was exercised in good faith, for
COMMISSIONER KIM the advancement of its interest and not for the
S. JACINTO-HENARES, purpose of defeating or circumventing the latter's
IN HER CAPACITY AS rights. This valid exercise of management
COMMISSIONER OF prerogative must be upheld.
THE BUREAU OF
INTERNAL REVENUE, Mamaril's preventive suspension
Respondent.; THE and subsequent dismissal from the
MEMBERS OF THE service do not partake of a double
ASSOCIATION OF penalty; neither may his dismissal
REGIONAL TRIAL be regarded as harsh and excessive.
COURT JUDGES IN
ILOILO CITY, Mamaril claims that he was subjected to a "double
Intervenors. penalty," for having been initially placed under
preventive suspension, and thereafter dismissed
G.R. No. 197908, from the service.
July 04, 2018 -
VISITACION R. The Court is not persuaded.
REBULTAN, CECILOU
R. BAYONA, CECILIO To begin with, Mamaril's initial suspension was a
REBULTAN, JR., AND preventive suspension that was necessary to
VILNA R. LABRADOR, protect Red System's equipment and personnel.
Petitioners, v.
SPOUSES EDMUNDO Significantly, "[p]reventive suspension is a
DAGANTA AND measure allowed by law and afforded to the

MARVELYN P. employer if an employee's continued employment
DAGANTA, AND poses a serious and imminent threat to the
WILLIE VILORIA, employer's life or property or of his co-workers."61
Respondents. An employee may be placed under preventive
suspension during the pendency of an
A.C. No. 10557
investigation against him.62
(Formerly CBD Case
No. 07-1962), July
In fact, the employer's right to place an employee
10, 2018 - JERRY M.
under preventive suspension is recognized in
PALENCIA,
Sections 8 and 9 of Rule XXIII, Book V of the
Omnibus Rules Implementing the Labor Code,
PEDRO L.
which states:
LINSANGAN, ATTY.
GERARD M.
LINSANGAN, AND SEC. 8. Preventive suspension. - The
ATTY. GLENDA M. employer may place the worker
LINSANGAN-BINOYA, concerned under preventive suspension
Respondents. if his continued employment poses a
serious and imminent threat to the life
G.R. No. 221813, or property of the employer or of his
July 23, 2018 - co-workers.
MARICALUM MINING
CORPORATION, SEC. 9. Period of suspension. - No
Petitioner, v. ELY G. preventive suspension shall last longer
FLORENTINO, GLENN than thirty (30) days. The employer
BUENVIAJE, RUDY J. shall thereafter reinstate the worker in
GOMEZ, his former or in a substantially
REPRESENTED BY HIS equivalent position or the employer
HEIRS THELMA may extend the period of suspension
GOMEZ, ALEJANDRO provided that during the period of
H. SITCHON, NENET extension, he pays the wages and
ARITA, FERNANDO other benefits due to the worker. In
SIGUAN, DENNIS such case, the worker shall not be
ABELIDA, NOEL S. bound to reimburse the amount paid to
ACCOLADOR, him during the extension if the
WILFREDO TAGANILE, employer decides, after completion of
SR., MARTIR S. the hearing, to dismiss the worker.
AGSOY, SR.,
MELCHOR APUCAY,
DOMINGO LAVIDA, In the case at bar, Mamaril was placed under
JESUS MOSQUEDA, preventive suspension considering that during the
RUELITO A. pendency of the administrative hearings, he was
VILLARMIA, noticed to have several near-accident misses and
SOFRONIO M. AYON, he had exhibited a lack of concern for his work.
EFREN T. GENISE, His inattentiveness posed a serious threat to the
ALQUIN A. FRANCO, safety of the company equipment and personnel.
PABLO L. ALEMAN, This is especially true considering that he was
PEPITO G. HEPRIANA, driving trucks loaded with fragile products.
ELIAS S. TRESPECES,
EDGAR SOBRINO, Mamaril further questions the propriety of his
Respondents.; G.R. preventive suspension, by claiming that the timing
No. 222723, July 23, of its imposition was suspect, as he even
2018 - ELY continued working for Red System for eight
FLORENTINO, GLENN months after the incident. According to Mamaril,
BUENVIAJE, RUDY J. this fact belied Red System's claim that he was a
GOMEZ, threat to the company's safety.
REPRESENTED BY HIS
HEIRS THELMA This same argument was struck down by the Court
GOMEZ, FERNANDO in the case of Bluer Than Blue Ventures Company,
SIGUAN, DENNIS et al. v. Esteban,63 where it held that even if the
ABELIDA, NOEL S. errant employee committed the acts complained of
ACCOLADOR,WILFREDO almost a year before the investigation was
TAGANILE, SR., conducted, the employer shall not be estopped
MARTIR S. AGSOY, from placing the former under preventive
SR., MELCHOR suspension, if the employee still performs
APUCAY, DOMINGO functions that involve handling the employer's
LAVIDA, JESUS property and funds. The employer still has every
MOSQUEDA, RUELITO right to protect its assets and operations pending
A. VILLARMIA,
the employee's investigation.64 Applying this to
SOFRONIO M. AYON,
the case at bar, Red System's decision to place
EFREN T. GENISE,
Mamaril on preventive suspension eight months
ALQUIN A. FRANCO,
after the incident does not in any way render the
PABLO L. ALEMAN,
said decision questionable. What matters is that
PEPITO G. HEPRIANA,
Mamaril's continued employment posed a threat to
ELIAS S. TRESPECES,
the company's properties and personnel. It would
EDGAR SOBRINO,
ALEJANDRO H. be at the height of inequity to prevent Red System

SITCHON, NENET from enacting measures to protect its own
ARITA, WELILMO T. equipment pending the administrative
NERI, ERLINDA investigation.
FERNANDEZ, AND
EDGARDO Thus, having settled that Mamaril's one-month
PEï¿½AFLORIDA, suspension was in fact a preventive suspension,
Petitioners, v. there was nothing excessive or harsh about Red
NATIONAL LABOR System's decision to subsequently dismiss Mamaril
RELATIONS after finding him guilty of willful disobedience of its
COMMISSION - 7TH lawful and reasonable orders.
DIVISION, CEBU CITY,
"G" HOLDINGS, INC., Mamaril is Entitled to 13th Month
AND TEODORO G. Pay and SIL Pay
BERNARDINO,
ROLANDO DEGOJAS,
Essentially, it is settled that in claims for 13th
MARICALUM MINING
month pay and SIL pay, the burden rests on the
CORPORATION.
employer to prove the fact of payment. This
Respondents.
standard follows the basic rule that in all illegal
dismissal cases the burden rests on the defendant
G.R. No. 192285,
to prove payment rather than on the plaintiff to
July 11, 2018 -
prove non-payment, considering that all pertinent
MATEO ENCARNACION
personnel files, payrolls, records, remittances and
(DECEASED),
other similar documents ï¿½ which will show that
SUBSTITUTED BY HIS
the claims of workers have been paid ï¿½ are not
HEIRS, NAMELY: ELSA
in the possession of the worker but are in the
DEPLIAN-
custody and control of the employer.65 In the
ENCARNACION,
instant case, Red System failed to present proof
KRIZZA MARIE D.
ENCARNACION, showing that it had indeed paid Mamaril his 13th
month pay and SIL pay, thereby entitling the latter
LORETA
ENCARNACION, to the same monetary claims. All amounts due
shall earn legal interest of six percent (6%) per
CARMELITA E.
annum from the finality of this ruling until full
STADERMAN,
satisfaction.
CORAZON S.
ENCARNACION,
All told, Mamaril's dismissal from Red System was
RIZALINA
valid pursuant to Article 297(a) of the Labor Code.
ENCARNACION-
PARONG, VICTORIA Mamaril willfully violated Red System's safety

ENCARNACION-DULA, instructions. Precisely, these safety instructions
MARIA HELEN were lawful and reasonable and most importantly,
ENCARNACION-DAY, were essentially for the safe discharge of his
TERESITA duties. It bears stressing that while the law
ENCARNACION- imposes a heavy burden on the employer to
MANALANG, GEORGE respect its employees' security of tenure, the law
ENCARNACION, MARY likewise protects the employer's right to expect
MITCHIE E. from its employees efficient service, diligence, and
EDWARDSON, good conduct.66 Thus, the Court shall not interfere
ERNESTO with the employer's right to dismiss an employee
ENCARNACION, found to have willfully violated its rules and
MATEO regulations.
ENCARNACION, JR.,
AND GRACE WAGNER, WHEREFORE, premises considered, the instant
Petitioners, v. Petition is hereby DENIED for lack of merit. The
THOMAS JOHNSON, Decision dated September 9, 2016, and Resolution
Respondent. dated January 30, 2017, rendered by the Court of
Appeals in CA-G.R. SP No. 06413-MIN, are
G.R. No. 233334, AFFIRMED with modification, such that the
July 23, 2018 - total amount due to petitioner Samuel Mamaril
PEOPLE OF THE shall be subject to a legal interest of six percent
PHILIPPINES, Plaintiff- (6%) per annum from the finality of this Decision
Appellee, v. JOHN until full satisfaction.
CARLO SALGA AND
RUEL "TAWING" SO ORDERED.
NAMALATA, Accused-
Appellants. Carpio, (Chairperson), Peralta, Perlas-Bernabe,
and Caguioa, JJ., concur.
G.R. No. 207711,
July 02, 2018 - MARIA Endnotes:
C. OSORIO Petitioner,
v. PEOPLE OF THE 1Rollo, pp. 8-27.
PHILIPPINES
Respondent. 2 Penned by Associate Justice Ruben
Reynaldo G. Roxas, with Associate
G.R. Nos. 198916- Justices Edgardo T. Lloren and Rafael
17, July 23, 2018 -
Antonio M. Santos, concurring; id. at
MALAYAN INSURANCE
COMPANY, INC., 221-232.

Petitioner, v. ST.
FRANCIS SQUARE 3 Id. at 250-251.
REALTY
CORPORATION, 4 Id. at 282.
Respondent.; G.R.
Nos. 198920-21 - ST.
5 Id.
FRANCIS SQUARE
REALTY
6 Id.
CORPORATION,
Petitioner, v. MALAYAN
7 Id. at 47.
INSURANCE
COMPANY, INC.,
Respondent. 8 Id. at 282-283.
G.R. No. 224588, 9 Id. at 284.

July 04, 2018 -
PEOPLE OF THE 10 Id. at 283-284.
Appellee, v. RODEL
11 Id. at 285.
BELMONTE Y SAA,
Accused-Appellant.
12 Id. at 132.
G.R. No. 222837,

July 23, 2018 - 13 Id. at 285.
MACARIO LIM GAW,
JR., Petitioner, v. 14 Id.
COMMISSIONER OF
INTERNAL REVENUE, 15 Id. at 133.
Respondent.
16 Id. at 90.
G.R. No. 216748,
July 25, 2018 -
17 Id. at 286.
DEPARTMENT OF
EDUCATION,
18 Id.
Petitioner, v. NIXON
Q. DELA TORRE,
BENHUR Q. DELA 19 Id.
TORRE, QUINTIN
DELA TORRE 20 Id. at 134.
(DECEASED),
REPRESENTED BY HIS 21 Id. at 288.
WIFE CATALINA DELA
TORRE AND HIS
22 Id. at 288-289.
CHILDREN STELLA T.
NAGDALE, DWIGHT
23 Id. at 112-113.
DELA TORRE, VIVIAN
T. SUPANGCO, NIXON
24 Id. at 47-56.
DELA TORRE AND
BENHUR DELA TORRE,
Respondents. 25 Id. at 50-52.
G.R. No. 221427, 26 Rendered by Labor Arbiter Joseph

July 30, 2018 -
Martin R. Castillo; id. at 136.
PEOPLE OF THE
27 Id. at 134-135.
Appellee, v. ALVIN J.
LABAGALA AND
28 Id. at 136.
ROMEO LABAGALA,
Accused-Appellant.
29 Id. at 137-152.
A.M. No. MTJ-16-

1879 (Formerly OCA 30 Id. at 172-186.
IPI No. 14-2719-MTJ),
July 24, 2018 - 31 Id. at 184-185.
ANONYMOUS,
Complainant, v. 32 Id. at 181-182.
JUDGE BILL D.
BUYUCAN, MUNICIPAL
33 Id. at 184.
CIRCUIT TRIAL
COURT, BAGABAG-
34 Id. at 185.
DIADI, NUEVA
VIZCAYA,
35 Id. at 221-232.
Respondent.
A.C. No. 10555, 36 Id. at 228.

July 31, 2018 -
EVELYN T. GOOPIO, 37 Id. at 230.

ARIEL D. 38 Id. at 226.
MAGLALANG,
Respondent.
39 Id. at 228.
A.C. No. 12005,

40 Id. at 230.
July 23, 2018 -
ACHERNAR B.
41 Id. at 231.
TABUZO,
JOSE ALFONSO M. 42 Id. at 8-27.
GOMOS, Respondent.
43 Id. at 17.
G.R. No. 225605,
July 23, 2018 - 44 Id.
PEOPLE OF THE
45 Id. at 20.
Appellee, v.
VENERANDO GOZO Y
46 Id. at 291-295.
VELASQUEZ, Accused-
Appellant.
47Tenazas, et al. v. R. Villegas Taxi
G.R. No. 222337, Transport, et al., 731 Phil. 217, 228
July 23, 2018 - (2014), citing "J" Marketing Corp. v.
PEOPLE OF THE Taran, 607 Phil. 414, 424-425 (2009).
Appellee, v. SHERNIEL 48Imasen Philippine Manufacturing
UNGRIANO Corporation v. Alcon, et al., 746 Phil.
ASCARRAGA 172, 178-179 (2014).
A.K.A.SERGIO
ONGRIANO 49 Id. at 179.
ASCARRAGA,
Accused-Appellant.
50 Id.
G.R. No. 210838,

51 Id.
July 03, 2018 -
DEVELOPMENT BANK
OF THE PHILIPPINES, 52 Id. at 179-180.

Petitioner, v.
COMMISSION ON 53Realda v. New Age Graphics, Inc., et
AUDIT, Respondent.
al., 686 Phil. 1110, 1114 (2012).
G.R. No. 203249,

54Rollo, p. 282.
July 23, 2018 - SAN
ROQUE POWER
55 Id. at 283.
CORPORATION,
Petitioner, v.
56 Id. at 283-284.
COMMISSIONER OF
INTERNAL REVENUE,
Respondent. 57 Id. at 284-285.
G.R. No. 191495, 58 Id. at 90.

July 23, 2018 -
NIPPON EXPRESS
59 755 Phil. 910 (2015).
(PHILIPPINES)
CORPORATION,
60 Id. at 924.
Petitioner, v.
COMMISSIONER OF
61Bluer than Blue Joint Ventures
INTERNAL REVENUE,
Respondent. Company, et al. v. Esteban, 731 Phil.
502, 513-514 (2014).
G.R. No. 192223,

July 23, 2018 - 62 Id.
DANILO A.
LIHAYLIHAY, 63 731 Phil. 502 (2014).
Petitioner, v. THE
TREASURER OF THE 64 Id. at 513-514.
PHILIPPINES
ROBERTO C. TAN,
65Loon, et al. v. Power Master, Inc., et
SECRETARY OF
al., 723 Phil. 515, 531-532 (2013).
FINANCE MARGARITO
B. TEVES, SECRETARY
66Peckson v. Robinsons Supermarket
OF THE DEPARTMENT
OF ENVIRONMENT Corp., et al., 713 Phil. 471, 480-481
AND NATURAL (2013).
RESOURCES, AND
THE GOVERNOR OF
BANGKO SENTRAL NG
PILIPINAS (BSP),
Respondents.
Back to Home | Back to Main
G.R. No. 210204,

July 10, 2018 -
ASSOCIATION OF
RETIRED COURT OF
APPEALS JUSTICES,
INC. (ARCAJI),
REPRESENTED BY
TEODORO P. REGINO,
Petitioner, v. HON.
FLORENCIO ABAD,
JR., AS SECRETARY
OF THE DEPARTMENT
OF BUDGET AND
MANAGEMENT,
Respondent.
G.R. No. 222964,

July 11, 2018 -
PEOPLE OF THE
Appellee, v. CAJETO
CABILIDA, JR. Y
CANDAWAN, Accused-
Appellant.
G.R. No. 189723,

July 11, 2018 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v.
ALAMINOS ICE PLANT
AND COLD STORAGE,
INC., REPRESENTED
BY SAMUEL C. CHUA,
Respondent.
G.R. No. 199162,

July 04, 2018 - PHIL-
MAN MARINE AGENCY,
INC., AND DOHLE
(10M) LIMITED,
Petitioners, v. ANIANO
P. DEDACE, JR.,
SUBSTITUTED BY HIS
SPOUSE LUCENA
CAJES DEDACE, FOR
AND IN BEHALF OF
THEIR THREE [3]
CHILDREN, NAMELY,
ANGELICA, ANGELO
AND STEVE MAC, ALL
SURNAMED DEDACE,
Respondent.
G.R. No. 195905,

July 04, 2018 - THE
CITY GOVERNMENT
OF BAGUIO
REPRESENTED BY
MAURICIO G.
DOMOGAN, CITY
MAYOR, CITY
BUILDINGS AND
ARCHITECTURE
OFFICE REPRESENTED
BY OSCAR FLORES,
AND PUBLIC ORDER
AND SAFETY
DIVISION
REPRESENTED BY
FERNANDO MOYAEN
AND CITY
DEMOLITION TEAM
REPRESENTED BY
NAZITA BAï¿½EZ,
Petitioners, v. ATTY.
BRAIN MASWENG,
REGIONAL HEARING
OFFICER-NATIONAL
COMMISSION ON
INDIGENOUS
PEOPLES-
CORDILLERA
ADMINISTRATIVE
REGION, MAGDALENA
GUMANGAN, MARION
T. POOL, LOURDES C.
HERMOGENO, JOSEPH
LEGASPI, JOSEPH
BASATAN,
MARCELINO
BASATAN, JOSEPHINE
LEGASPI, LANSIGAN
BAWAS, ALEXANDER
AMPAGUEY, JULIO
DALUYEN, SR.,
CONCEPCION PADANG
AND CARMEN
PANAYO,
Respondents.
G.R. No. 226392,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. NESTOR
"TONY" CALIAO,
Accused-Appellants.
G.R. No. 206725,

July 11, 2018 -
PEOPLE OF THE
PHILIPPINES Plaintiff-
Appellee, v. ESMAEL
GERVERO,
FLORENCIO
ARBOLONIO, DANILO
CASTIGADOR, CELSO
SOLOMON AND
EDUARDO BAï¿½ES,
Accused.; ESMAEL
GERVERO
(DECEASED), DANILO
CASTIGADOR, CELSO
SOLOMON AND
EDUARDO BAï¿½ES,
Accused-Appellants.
G.R. No. 229861,

July 02, 2018 -
PEOPLE OF THE
Appellee, v.
FRANCISCO
EJERCITO, Accused-
Appellant.
G.R. No. 225590,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. MICHAEL
CABUHAY, Accused-
Appellant.
G.R. No. 234608,

July 03, 2018 - ARVIN
R. BALAG, Petitioner,
v. SENATE OF THE
PHILIPPINES, SENATE
COMMITTEE ON
PUBLIC ORDER AND
DANGEROUS DRUGS,
SENATE COMMITTEE
ON JUSTICE AND
HUMAN RIGHTS,
SENATE COMMITTEE
ON CONSTITUTIONAL
AMENDMENTS AND
REVISION OF CODES
AND MGEN. JOSE V.
BALAJADIA, JR. (RET.)
IN HIS CAPACITY AS
SENATE SERGEANT-
AT-ARMS,
Respondents.
G.R. No. 219582,

July 11, 2018 -
PEOPLE OF THE
Appellee, v. BENITO
PALARAS Y LAPU-OS,
Accused-Appellant.
G.R. No. 224293,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. ALLAN
LUMAGUI Y MALIGID,
Accused-Appellant.
G.R. No. 237804,

July 04, 2018 -
PEOPLE OF THE
Appellee, v.
MERCINDO
BOBOTIOK, JR. Y
LONTOC, Accused-
Appellant.
G.R. No. 202129,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. EVELYN
PATRICIO Y
CASTILLO, ALIAS
"NINGNAY", Accused-
Appellants.
G.R. Nos. 212761-

62, July 31, 2018 -
SENATOR JINGGOY
EJERCITO ESTRADA,
Petitioner, v. OFFICE
OF THE OMBUDSMAN,
HON.
SANDIGANBAYAN,
FIELD
INVESTIGATION
OFFICE, OFFICE OF
THE OMBUDSMAN,
NATIONAL BUREAU OF
INVESTIGATION, AND
ATTY. LEVITO D.
BALIGOD,
Respondents.; G.R.
NOS. 213473-74 -
JOHN RAYMUND DE
ASIS, Petitioner, v.
CONCHITA CARPIO
MORALES, IN HER
OFFICIAL CAPACITY
AS OMBUDSMAN,
PEOPLE OF THE
PHILIPPINES, AND
SANDIGANBAYAN,
FIFTH DIVISION,
Respondents.; G.R.
NOS. 213538-39 -
JANET LIM NAPOLES,
Petitioner, v.
CONCHITA CARPIO
MORALES, IN HER
OFFICIAL CAPACITY
AS OMBUDSMAN,
PEOPLE OF THE
PHILIPPINES, AND
SANDIGANBAYAN,
FIFTH DIVISION,
Respondents.
G.R. No. 218232,

July 24, 2018 -
RAMON "BONG" B.
REVILLA, JR.,
Petitioner, v.
SANDIGANBAYAN
(FIRST DIVISION)
AND PEOPLE OF THE
PHILIPPINES,
Respondents.; G.R.
No. 218235 -
RICHARD A. CAMBE,
Petitioner, v.
SANDIGANBAYAN
(FIRST DIVISION),
PEOPLE OF THE
PHILIPPINES, AND
OFFICE OF THE
OMBUDSMAN,
Respondents.; G.R.
No. 218266 - JANET
LIM NAPOLES,
Petitioner, v.
SANDIGANBAYAN
(FIRST DIVISION),
CONCHITA CARPIO
MORALES, IN HER
CAPACITY AS
OMBUDSMAN, AND
PEOPLE OF THE
PHILIPPINES,
Respondents.; G.R.
No. 218903 - PEOPLE
OF THE PHILIPPINES,
Petitioner, v.
SANDIGANBAYAN
(FIRST DIVISION),
RAMON "BONG" B.
REVILLA, JR., AND
RICHARD A. CAMBE,
Respondents.; G.R.
No. 219162 - RAMON
"BONG" B. REVILLA,
JR., Petitioner, v.
SANDIGANBAYAN
(FIRST DIVISION)
AND PEOPLE OF THE
PHILIPPINES,
Respondents.
G.R. No. 205688,

July 04, 2018 -
VALENTINO S. LINGAT
AND APRONIANO
ALTOVEROS,
Petitioners, v. COCA-
COLA BOTTLERS
PHILIPPINES, INC.,
MONTE DAPPLES
TRADING, AND DAVID
LYONS,*
Respondents.
G.R. No. 220492,

July 11, 2018 -
PEOPLE OF THE
Appellee, v. CCC,
Accused-Appellant.
G.R. No. 237721,

July 31, 2018 - IN RE:
CORRECTION/ADJUSTMEN
OF PENALTY
PURSUANT TO
REPUBLIC ACT NO.
10951, IN RELATION
TO HERNAN V.
SANDIGANBAYAN ï¿½
ROLANDO
ELBANBUENA Y
MARFIL, Petitioner.
G.R. No. 234160,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. ALJON
GUADAï¿½A Y
ANTIQUERA, Accused-
Appellant.
G.R. Nos. 230950-

51, July 23, 2018 -
ELPIDIO TAGAAN
MAGANTE, Petitioner,
v. SANDIGANBAYAN,
(THIRD DIVISION)
AND PEOPLE OF THE
PHILIPPINES,
Respondents.
G.R. No. 226405,

July 23, 2018 -
OFFICE OF THE
OMBUDSMAN,
Petitioner, v. EFREN
BONGAIS, HOUSING
AND HOMESITE
REGULATION OFFICER
IV, CITY HOUSING
AND SETTLEMENTS
OFFICE, CALAMBA
CITY, Respondent.
G.R. No. 229826,

July 30, 2018 -
PEOPLE OF THE
Appellee, v. PATRICIA
CABRELLOS Y DELA
CRUZ, Accused-
Appellant.
G.R. No. 225332,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. JOEL
JAIME ALIAS
"TORNING," Accused-
Appellant.
G.R. No. 232891,

July 23, 2018 -
LAMBERTO
MARIï¿½AS Y
FERNANDO, Petitioner,
v. PEOPLE OF THE
PHILIPPINES,
Respondent.
G.R. No. 225322,

July 04, 2018 -
PEOPLE OF THE
Appellee, v. RONELO
BERMUDO Y
MARCELLANO,
ROMMEL BERMUDO Y
CAPISTRANO AND
ROLANDO BERMUDO
Y CAPISTRANO,
ACCUSED, ROMMEL
BERMUDO Y
CAPISTRANO,
Accused-Appellant.
G.R. No. 224678,

July 03, 2018 -
SPOUSES JOSE
MANUEL AND MARIA
ESPERANZA
RIDRUEJO
STILIANOPOULOS,
Petitioners, v. THE
REGISTER OF DEEDS
FOR LEGAZPI CITY
AND THE NATIONAL
TREASURER,
Respondents.
G.R. No. 233477,

July 30, 2018 -
PEOPLE OF THE
Appellee, v. JOWIE
ALLINGAG Y TORRES
AND ELIZABETH
ALLINGAG Y TORRES,
Accused-Appellants.
G.R. No. 216999,

July 04, 2018 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v. RONALD
M. COSALAN,
Respondent.
A.C. No. 8854, July

03, 2018 - JULIETA
DIMAYUGA,
VIVIAN G. RUBIA,
Respondent.
G.R. No. 235652,

July 09, 2018 -
PEOPLE OF THE
Appellee, v. XXX AND
YYY,* Accused-
Appellants.
G.R. No. 221684,

July 30, 2018 - MARIA
T. CALMA, Petitioner,
v. MARILU C. TURLA,
Respondent.
G.R. No. 235498,

July 30, 2018 -
RENALYN A. MASBATE
AND SPOUSES
RENATO MASBATE
AND MARLYN
MASBATE, Petitioners,
v. RICKY JAMES
RELUCIO,
Respondent.
G.R. No. 221624,

July 04, 2018 -
NATIONAL
TRANSMISSION
CORPORATION,
Petitioner, v. MA.
MAGDALENA
LOURDES LACSON-DE
LEON, MA. ELIZABETH
JOSEPHINE L. DE
LEON, RAMON LUIS
EUGENIO L. DE LEON,
MA. TERESA CECILIA
L. DE LEON, MA.
BARBARA KATHLEEN
L. DE LEON, MARY
GRACE HELENE L. DE
LEON, JOSE MARIA
LEANDRO L. DE LEON,
MA. MARGARETHE
ROSE OLSON, AND
HILDEGARDE MARIE
OLSON, Respondents.
G.R. No. 231130,

July 09, 2018 -
PEOPLE OF THE
Appellee, v. GERALD
TAMAYO CORDOVA
AND MARCIAL DAYON
EGUISO, Accused-
Appellants.
G.R. No. 226013,

July 02, 2018 -
LUZVIMINDA DELA
CRUZ MORISONO,
Petitioner, v. RYOJI*
MORISONO AND
LOCAL CIVIL
REGISTRAR OF
QUEZON CITY,
Respondents.
G.R. No. 202275,

July 17, 2018 - THE
PROVINCIAL BUS
OPERATORS
ASSOCIATION OF THE
PHILIPPINES
(PBOAP), THE
SOUTHERN LUZON
BUS OPERATORS
ASSOCIATION, INC.
(SO-LUBOA), THE
INTER CITY BUS
OPERATORS
ASSOCIATION
(INTERBOA), AND
THE CITY OF SAN
JOSE DEL MONTE BUS
OPERATORS
ASSOCIATION
(CSJDMBOA),
Petitioners, v.
DEPARTMENT OF
LABOR AND
EMPLOYMENT (DOLE)
AND LAND
TRANSPORTATION
FRANCHISING AND
REGULATORY BOARD
(LTFRB),
Respondents.
A.C. No. 8962, July

09, 2018 - JILDO A.
GUBATON,
AUGUSTUS SERAFIN
D. AMADOR,
Respondent.
G.R. No. 229920,

July 04, 2018 -
SAMUEL MAMARIL,
Petitioner, v. THE RED
SYSTEM COMPANY,
INC., DANILO
PADRIGON, AGNES
TUNPALAN,
ALEJANDRO ALVAREZ,
JODERICK LOZANO,
ENRIQUE ROMMEL
MIRAFLORES,
DOMINGO RIVERO,
Respondents.
G.R. No. 232624,

July 09, 2018 -
PEOPLE OF THE
Appellee, v. RENATO
CARIï¿½O Y GOCONG
AND ALVIN AQUINO Y
RAGAM*, Accused-
Appellants.
G.R. No. 189800,

July 09, 2018 -
PRESIDENTIAL
COMMISSION ON
GOOD GOVERNMENT,
Petitioner, v. HON.
MA. MERCEDITAS
GUTIERREZ, IN HER
CAPACITY AS
OMBUDSMAN,
RENATO D. TAYAG,
ISMAEL REINOSO,
JUAN TRIVINO, JUAN
PONCE ENRILE,
MARIO ORTIZ,
GENEROSO TANSECO,
FAUSTINO SY
CHANGCO, VICENTE
ABAD SANTOS,
EUSEBIO VILLATUYA,
MANUEL MORALES,
JOSE ROï¿½O,
TROADIO T.
QUIAZON, RUBEN
ANCHETA, FERNANDO
MARAMAG, JR.,
GERONIMO VELASCO,
EDGARDO L.
TORDESILLAS, JAIME
C. LAYA, GERARDO P.
SICAT, ARTURO R.
TANCO, JR., PLACIDO
L. MAPA, JR., PANFILO
DOMINGO,
VICTORINO L. OJEDA,
TEODORO DE VERA,
ALEJANDRO LUKBAN,
JR., ROMEO TAN, LUIS
RECATO, BENITO S.
DYCHIAO, ELPIDIO M.
BORJA, Respondents.
G.R. No. 225199,

July 09, 2018 -
ALLIED BANKING
CORPORATION (NOW
PHILIPPINE NATIONAL
BANK), Petitioner, v.
EDUARDO DE
GUZMAN, SR., IN HIS
CAPACITY AS SURETY
TO THE VARIOUS
CREDIT
ACCOMMODATIONS
GRANTED TO YESON
INTERNATIONAL
PHILIPPINES, INC.,
Respondent.
A.C. No. 12062,

July 02, 2018 - HEIR
OF HERMINIGILDO*
A. UNITE,
REPRESENTED BY HIS
SOLE HEIR,
FLORENTINO S.
UNITE, Complainant,
v. ATTY. RAYMUND P.
GUZMAN,
Respondent.
G.R. No. 200712,

July 04, 2018 -
MARIO A. ABUDA,
RODOLFO DEL
REMEDIOS,
EDWARDO DEL
REMEDIOS, RODOLFO
L. ZAMORA, DIONISIO
ADLAWAN, ELPIDIO
GARCIA, JR.,
ROGELIO ZAMORA,
SR., JIMMY TORRES,
POLICARPIO OBANEL,
JOSE FERNANDO,
JOHNNY BETACHE,
JAYSON GARCIA,
EDWIN ESPE,
NEMENCIO CRUZ,
LARRY ABANES,
ROLANDO SALEN,
JOSEPH TORRES,
FRANCISCO LIM,
ARNALDO GARCIA,
WILFREDO BRONOLA,
GLENN MORAN, JOSE
GONZALES, ROGER
MARTINEZ, JAIME
CAPELLAN, RICHARD
ORING, JEREMIAS
CAPELLAN, ARNEL
CAPELLAN, MELCHOR
CAPELLAN, ROLLY
PUGOY, JOEY
GADONES, ARIES
CATIANG, LEONEL
LATUGA, CAPILLAN,
Petitioners, v. L.
NATIVIDAD POULTRY
FARMS, JULIANA
NATIVIDAD, AND
MERLINDA
NATIVIDAD,
Respondents.
G.R. No. 220898,

July 23, 2018 - MON
C. ANUAT, Petitioner,
v. PACIFIC OCEAN
MANNING, INC./TRAS
STAR SHIPPING
AGENCY
CORPORATION,
MASSOEL MERIDIAN
LTD. AND/OR
HERNANDO S.
EUSEBIO,
Respondents.
G.R. No. 225803,

July 02, 2018 -
SHERYLL R.
CABAï¿½AS,
Petitioner, v.
ABELARDO G.
LUZANO LAW
OFFICE/ABELARDO G.
LUZANO,
Respondents.
G.R. No. 233542,

July 09, 2018 -
PEOPLE OF THE
Appellee, v. FIDEL G.
LAGUERTA, Accused-
Appellant.
A.C. No. 11185

[Formerly CBD No.
12-3619], July 04,
2018 - JAIME S. DE
BORJA, Complainant,
v. ATTY. RAMON R.
MENDEZ, JR.,
Respondent.
G.R. No. 227147,

July 30, 2018 -
RADIOWEALTH
FINANCE COMPANY,
INC., Petitioner, v.
ALFONSO O. PINEDA,
JR., AND JOSEPHINE
C. PINEDA,
Respondents.
G.R. No. 204361,

July 04, 2018 -
CECILIA T. JAVELOSA,
REPRESENTED BY
HER ATTORNEY-IN-
FACT, MA. DIANA J.
JIMENEZ, Petitioner, v.
EZEQUIEL TAPUS,
MARIO MADRIAGA,
DANNY M. TAPUZ,1
JUANITA TAPUS AND
AURORA MADRIAGA,
Respondents.
G.R. No. 222436,

July 23, 2018 -
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v. EURO-
PHILIPPINES AIRLINE
SERVICES, INC.,
Respondent.
G.R. No. 233974,

July 02, 2018 -
CATALINA F. ISLA,
ELIZABETH ISLA, AND
GILBERT F. ISLA,
Petitioners, v.
GENEVIRA P.
ESTORGA,
Respondent.
G.R. No. 214794,

July 23, 2018 -
NARCISO
VICTORIANO,
Petitioner, v. JUNIPER
DOMINGUEZ,
Respondent.
G.R. No. 224972,

July 09, 2018 - NG
CHING TING,
Petitioner, v.
PHILIPPINE BUSINESS
BANK, INC.
Respondent.
G.R. No. 234154,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. JERRY
ARBUIS Y COMPRADO
A.K.A. "ONTET",
Accused-Appellant.
G.R. No. 229955,

July 23, 2018 -
MELCHOR BARCENAS
DEOCARIZA,
Petitioner, v. FLEET
MANAGEMENT
SERVICES
PHILIPPINES, INC.,
MODERN ASIA
SHIPPING
CORPORATION, A.B.F.
GAVIOLA, JR., AND
MA. CORAZON CRUZ,
Respondents.
G.R. No. 197831,

July 09, 2018 -
PHILIPPINE NATIONAL
BANK, Petitioner, v.
SPOUSES ANGEL AND
BUENVENIDA ANAY,
AND SPOUSES
FRANCISCO AND
DOLORES LEE,
Respondents.
G.R. No. 209166,

July 09, 2018 -
DEMETRIO ELLAO Y
DELA VEGA,
Petitioner, v.
BATANGAS I
ELECTRIC
COOPERATIVE, INC.
(BATELEC I), RAQUEL
ROWENA RODRIGUEZ
BOARD PRESIDENT,
Respondents.
G.R. No. 223125,

July 11, 2018 - IBM
DAKSH BUSINESS
PROCESS SERVICES
PHILIPPINES, INC.
(NOW KNOWN AS
CONCENTRIX DAKSH
BUSINESS PROCESS
SERVICES
PHILIPPINES
CORPORATION,
Petitioner, v.
ROSALLIE S. RIBAS,
Respondent.
G.R. No. 228503,

July 25, 2018 - HEIRS
OF RAMON ARCE, SR.,
Petitioners, v.
DEPARTMENT OF
AGRARIAN REFORM,
REPRESENTED BY
SECRETARY VIRGILIO
DELOS REYES,
Respondent.
G.R. Nos. 231655

and 231670, July 02,
2018 - FELISA
AGRICULTURAL
CORPORATION,
Petitioner, v.
NATIONAL
TRANSMISSION
CORPORATION
(HAVING BEEN
SUBSTITUTED IN LIEU
OF THE NATIONAL
POWER
CORPORATION),
Respondent.
G.R. No. 209289,

July 09, 2018 -
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v. THE
SECRETARY OF
JUSTICE AND
METROPOLITAN CEBU
WATER DISTRICT
(MCWD),
Respondents.
G.R. No. 217744,

July 30, 2018 - JOSE
Z. MORENO,
Petitioner, v. RENE M.
KAHN, CONSUELO
MORENO KAHN-
HAIRE, RENE LUIS
PIERRE KAHN,
PHILIPPE KAHN, MA.
CLAUDINE KAHN
MCMAHON, AND THE
REGISTER OF DEEDS
OF MUNTINLUPA CITY,
Respondents.
G.R. No. 232275,

July 23, 2018 -
SOLPIA MARINE AND
SHIP MANAGEMENT,
INC., Petitioner, v.
MICHAEL V.
POSTRANO,
Respondent.
G.R. No. 233033,

July 23, 2018 -
ROMEO IGDALINO
AND ROSITA
IGDALINO,
Petitioners, v. PEOPLE
OF THE PHILIPPINES,
Respondent.
G.R. No. 197624,

July 23, 2018 -
ABACUS CAPITAL AND
INVESTMENT
CORPORATION,
Petitioner, v. DR.
ERNESTO G.
TABUJARA,
Respondent.
G.R. No. 210286,

July 23, 2018 -
WELBIT
CONSTRUCTION
CORP., WACK WACK
CONDOMINIUM
CORP., AND SPOUSES
EUGENIO JUAN
GONZALEZ AND
MATILDE GONZALEZ,
Petitioners, v. HEIRS
OF CRESENCIANO C.
DE CASTRO,
Respondents.
G.R. No. 211450,

July 23, 2018 -
OFFICE OF THE
OMBUDSMAN,
Petitioner, v. LOVING
F. FETALVERO, JR.,
Respondent.
G.R. No. 222710,

July 24, 2018 -
PHILIPPINE HEALTH
INSURANCE
CORPORATION,
Petitioner, v.
COMMISSION ON
AUDIT, CHAIRPERSON
MICHAEL G.
AGUINALDO,
DIRECTOR JOSEPH B.
ANACAY AND
SUPERVISING
AUDITOR ELENA L.
AGUSTIN,
Respondents.
G.R. No. 203217,

L. DIAZ, Petitioner, v.
THE OFFICE OF THE
OMBUDSMAN,
Respondent.
G.R. No. 224015,

July 23, 2018 -
STEPHEN I. JUEGO-
SAKAI, Petitioner, v.
REPUBLIC OF THE
PHILIPPINES,
Respondent.
A.C. No. 5473, July

03, 2018 - GENE M.
DOMINGO,
ANASTACIO E.
REVILLA, JR.,
Respondent.
G.R. No. 207040,

July 04, 2018 -
PEOPLE OF THE
PHILIPPINES,
Petitioner, v.
SHELDON ALCANTARA
Y LI, JUNNELYN ILLO
Y YAN, NATIVIDAD
ZULUETA Y YALDUA,
MA. REYNA OCAMPO Y
CRUZ, MAILA TO Y
MOVILLON, MA.
VICTORIA GONZALES
Y DEDIOS, ELENA
PASCUAL Y ROQUE,
MARY ANGELIN
ROMERO Y BISNAR
AND NOEMI VILLEGAS
Y BATHAN,
Respondents.
G.R. No. 205294,

July 04, 2018 - ELMER
P. LEE, Petitioner, v.
ESTELA V. SALES,
DEPUTY
COMMISSIONER
LEGAL AND
INSPECTION GROUP;
EFREN P. MARTINEZ,
CHIEF PERSONNEL
INQUIRY DIVISION;
NESTOR S.
VALEROSO,
REGIONAL DIRECTOR,
REVENUE REGION NO.
8; AND ALL OF THE
BIR AND ALL
PERSONS ACTING ON
THEIR ORDERS OR
BEHALF, Respondents.
A.M. No. 17-07-05-

SC, July 03, 2018 -
RE: MEMORANDUM
DATED JULY 10, 2017
FROM ASSOCIATE
JUSTICE TERESITA J.
LEONARDO-DE
CASTRO; A.M. No. 18-
02-13-SC - RE:
LETTER OF
RESIGNATION OF
ATTY. BRENDA JAY
ANGELES MENDOZA,
PHILJA CHIEF OF
OFFICE FOR THE
PHILIPPINE
MEDIATION CENTER
G.R. No. 225896,

July 23, 2018 -
CARMEN ALEDRO-
RUï¿½A, Petitioner, v.
LEAD EXPORT AND
AGRO-DEVELOPMENT
CORPORATION,
Respondent.
G.R. No. 229192,

July 23, 2018 -
MAGSAYSAY MOL
MARINE,INC. AND/OR
MOL SHIP
MANAGEMENT
(SINGAPORE) PTE.
LTD., Petitioners, v.
MICHAEL PADERES
ATRAJE, Respondent.
G.R. No. 232272,

July 24, 2018 -
SECRETARY MARIO G.
MONTEJO, IN HIS
CAPACITY AS
SECRETARY OF THE
DEPARTMENT OF
SCIENCE AND
TECHNOLOGY
(DOST), Petitioner, v.
COMMISSION ON
AUDIT (COA), AND
THE DIRECTOR,
NATIONAL
GOVERNMENT
SECTOR, CLUSTER B -
GENERAL PUBLIC
SERVICES II AND
DEFENSE,
COMMISSION ON
AUDIT, Respondents.
G.R. No. 227388,

July 23, 2018 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v. MARIA
THERESA MANAHAN-
JAZMINES,
Respondent.
G.R. No. 232395,

July 03, 2018 -
PEDRO S. AGCAOILI,
JR., ENCARNACION A.
GAOR, JOSEPHINE P.
CALAJATE, GENEDINE
D. JAMBARO, EDEN C.
BATTULAYAN,
EVANGELINE C.
TABULOG, Petitioners,
MARIA IMELDA
JOSEFA "IMEE" R.
MARCOS, Co-
Petitioner, v. THE
HONORABLE
REPRESENTATIVE
RODOLFO C.
FARIï¿½AS, THE
HONORABLE
REPRESENTATIVE
JOHNNY T. PIMENTEL,
CHAIRMAN OF THE
COMMITTEE ON GOOD
GOVERNMENT AND
PUBLIC
ACCOUNTABILITY,
AND LT. GEN. ROLAND
DETABALI (RET.), IN
HIS CAPACITY AS
SERGEANT-AT-ARMS
OF THE HOUSE OF
REPRESENTATIVES,
Respondents, THE
COMMITTEE ON GOOD
GOVERNMENT AND
PUBLIC
ACCOUNTABILITY, Co-
Respondent.
A.C. No. 11724

(Formerly CBD No.
14-4109), July 31,
2018 - HDI
HOLDINGS
PHILIPPINES, INC.,
EMMANUEL N. CRUZ,
Respondent.
G.R. No. 234033,

July 30, 2018 -
PEOPLE OF THE
Appellee, v. AMADO
BALUBAL Y
PAGULAYAN, Accused-
Appellant.
A.C. No. 5580, July

31, 2018 - SAN JOSE
HOMEOWNERS
ASSOCIATION, INC.
AS REPRESENTED BY
REBECCA V.
LABRADOR,
ROBERTO B.
ROMANILLOS,
Respondent.
G.R. No. 219774,

July 23, 2018 -
MANILA HOTEL
CORPORATION,
Petitioner, v. ROSITA
DE LEON,
Respondent.
G.R. No. 178696,

July 30, 2018 -
BANGKO SENTRAL NG
PILIPINAS AND ITS
MONETARY BOARD,
Petitioners, v. BANCO
FILIPINO SAVINGS
AND MORTGAGE
BANK, Respondent.;
G.R. No. 192607 -
BANCO FILIPINO
SAVINGS AND
MORTGAGE BANK,
Petitioner, v. CENTRAL
BANK BOARD OF
LIQUIDATORS,
Respondent.
G.R. No. 217682,

"JINGGOY" P.
EJERCITO ESTRADA
AND MA.
PRESENTACION
VITUG EJERCITO,
Petitioners, v.
SANDIGANBAYAN
(FIFTH DIVISION);
ANTI-MONEY
LAUNDERING
COUNCIL,
REPRESENTED BY ITS
EXECUTIVE
DIRECTOR, JULIA C.
BACAY-ABAD; AND
PEOPLE OF THE
PHILIPPINES,
REPRESENTED BY THE
OFFICE OF THE
SPECIAL
PROSECUTOR,
Respondents.
G.R. No. 230107,

July 24, 2018 -
DEPARTMENT OF
TRANSPORTATION
(DOTR), MARITIME
INDUSTRY
AUTHORITY
(MARINA), AND
PHILIPPINE COAST
GUARD (PCG),
Petitioners, v.
PHILIPPINE
PETROLEUM SEA
TRANSPORT
ASSOCIATION,
HERMA SHIPPING
TRANSPORT
CORPORATION, ISLAS
TANKERS
SEATRANSPORT
CORPORATION, MIS
MARITIME
CORPORATION,
PETROLIFT, INC.,
GOLDEN ALBATROSS
SHIPPING
CORPORATION, VIA
MARINE
CORPORATION, AND
CARGOMARINE
CORPORATION,
Respondents.
A.C. No. 12012,

July 02, 2018 -
GERONIMO J.
JIMENO, JR.,
FLORDELIZA M.
JIMENO, Respondent.
G.R. No. 225059,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. XXX*,
Accused-Appellant.
A.M. No. RTJ-17-

2491 (Formerly OCA
IPI No. 10-3448-RTJ),
July 04, 2018 - LUCIO
L. YU, JR.,
Complainant, v.
PRESIDING JUDGE
JESUS B. MUPAS,
REGIONAL TRIAL
COURT, BRANCH 112,
PASAY CITY,
Respondent.
G.R. No. 220949,

July 23, 2018 -
RICKMERS MARINE
AGENCY PHILS., INC.,
GLOBAL
MANAGEMENT
LIMITED AND/OR
GEORGE C.
GUERRERO,
Petitioners, v.
EDMUND R. SAN
JOSE, Respondent.
G.R. No. 219291,

July 04, 2018 -
MICHAEL V. RACION,
Petitioner, v. MST
MARINE SERVICES
PHILIPPINES, INC.,
ALFONSO RANJO DEL
CASTILLO AND/OR
THOME SHIP
MANAGEMENT PTE.
LTD., Respondents.
G.R. No. 223155,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. DANILO
JAPAG AND ALVIN
LIPORADA, Accused;
DANILO JAPAG,
Accused-Appellant.
G.R. No. 227738,

July 23, 2018 -
PEOPLE OF THE
Appellee, v. JACINTO
ANDES Y LORILLA,
Accused-Appellant.
G.R. No. 227216,

July 04, 2018 -
YIALOS MANNING
SERVICES, INC.,
OVERSEAS
SHIPMANAGEMENT
S.A., RAUL VICENTE
PEREZ, AND MINERVA
ALFONSO, Petitioners,
v. RAMIL G. BORJA,
Respondent.
G.R. No. 218914,

July 30, 2018 -
PEOPLE OF THE
Appellee, v. HENRY DE
VERA Y MEDINA,
Accused-Appellant.
A.C. No. 12044,

July 23, 2018 -
MARTIN J. SIOSON,
DIONISIO B. APOYA,
JR., Respondent.
G.R. No. 212786,

July 30, 2018 -
REPUBLIC OF THE
PHILIPPINES,
REPRESENTED BY THE
DEPARTMENT OF
PUBLIC WORKS AND
HIGHWAYS (DPWH),
Petitioner, v.
ESTRELLA R. DECENA,
MARIETA DECENA
BRAZIL, NOLAND D.
BRAZIL, HEIRS OF
EDITA R. DECENA, AS
REPRESENTED BY
VIRGILIO C. BRAZIL,
SR., Respondents.
G.R. No. 229153,

July 09, 2018 -
EDILBERTO R.
PALERACIO,
Petitioner, v.
SEALANES MARINE
SERVICES, INC.,
SPLIETHOFF GROUP
MANILA, INC. AND/OR
CHRISTOPHER DINO
C. DUMATOL AND
CAPT. RUBEN
AGMATA,
Respondents.
G.R. Nos. 206438

and 206458, July 31,
2018 - CESAR MATAS
CAGANG, Petitioner, v.
SANDIGANBAYAN,
FIFTH DIVISION,
QUEZON CITY;
OFFICE OF THE
OMBUDSMAN; AND
PEOPLE OF THE
PHILIPPINES,
Respondents; G.R.
Nos. 210141-42 -
CESAR MATAS
CAGANG, Petitioner, v.
SANDIGANBAYAN,
FIFTH DIVISION,
QUEZON CITY;
OFFICE OF THE
OMBUDSMAN; AND
PEOPLE OF THE
PHILIPPINES,
Respondents.
G.R. No. 205698,

July 31, 2018 - HOME
DEVELOPMENT
MUTUAL FUND
(HDMF) PAG-IBIG
FUND, Petitioner, v.
CHRISTINA SAGUN,
Respondent; G.R. No.
205780 -
DEPARTMENT OF
JUSTICE, REP. BY
SEC. LEILA DE LIMA,
STATE PROSECUTOR
THEODORE M.
VILLANUEVA, AND
PROSECUTOR
GENERAL CLARO A.
ARELLANO, AND THE
NATIONAL BUREAU OF
INVESTIGATION
(NBI), Petitioners, v.
CHRISTINA SAGUN,
208744 -
DEPARTMENT OF
JUSTICE, Petitioner, v.
DELFIN S. LEE,
209424 - HOME
DEVELOPMENT
MUTUAL FUND
(HDMF), Petitioner, v.
GLOBE ASIATIQUE
REALTY HOLDINGS
CORPORATION,
DELFIN S. LEE, IN HIS

CAPACITY AS THE
PRESIDENT OF THE
CORPORATION, AND
TESSIE G. WANG,
Respondents; G.R.
No. 209446 - PEOPLE
OF THE PHILIPPINES,
Petitioner, v. ALEX M.
ALVAREZ,
209489 - HOME
DEVELOPMENT
MUTUAL FUND,
Petitioner, v. ATTY.
ALEX M. ALVAREZ,
209852 - HOME
DEVELOPMENT
MUTUAL FUND,
DELFIN S. LEE,
210095 -
DEPARTMENT OF
JUSTICE, Petitioner, v.
DELFIN S. LEE,
210143 - PEOPLE OF
THE PHILIPPINES
PETITIONER, VS.
DELFIN S. LEE,
228452 - HOME
DEVELOPMENT
MUTUAL FUND
DEXTER L. LEE,

228730 - PEOPLE OF
THE PHILIPPINES,
Petitioner, v. DEXTER
L. LEE, Respondent;
G.R. No. 230680 -
CRISTINA SALAGAN,
Petitioner, v. PEOPLE
OF THE PHILIPPINES
AND HOME
DEVELOPMENT
MUTUAL FUND
(HDMF), Respondents.
G.R. No. 236629,

July 23, 2018 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v.
LIBERATO P. MOLA
CRUZ, Respondent.
G.R. No. 197945,

July 09, 2018 -
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v.
PILIPINAS SHELL
PETROLEUM
CORPORATION,
Respondent; G.R.
Nos. 204119-20 -
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v.
PILIPINAS SHELL
PETROLEUM
CORPORATION AND
PETRON
CORPORATION,
Respondents.
G.R. No. 208004,

July 30, 2018 - LAND
BANK OF THE
PHILIPPINES,
Petitioner, v. PRADO
VERDE
CORPORATION,
208112 - PRADO
VERDE
CORPORATION,
Petitioner, v. LAND
BANK OF THE
PHILIPPINES,
210243 - LAND BANK
OF THE PHILIPPINES,
Petitioner, v. PRADO
VERDE
CORPORATION,
Respondent.
G.R. No. 233572,

July 30, 2018 -
ALFREDO A. RAMOS,
OF THE PHILIPPINES,
Respondent.
G.R. No. 233572,

July 30, 2018 -
ALFREDO A. RAMOS,
OF THE PHILIPPINES,
Respondent.
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Mamaril v. The Red System Company, Inc., G.R. No. 229920, July 4, 2018

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Mamaril v. The Red System Company, Inc., G.R. No. 229920, July 4, 2018

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8/22/23, 9:11 AM G.R. No. 229920, July 04, 2018 - SAMUEL MAMARIL, Petitioner, v.

ner, v. THE RED SYSTEM COMPANY, INC., DANILO PADRIGON, A…

Home Law Firm Law Library Laws

July 2018 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence > Year

ChanRobles MCLE G.R. No. 229920, July 04, 2018 - SAMUEL

ChanRobles Lawnet Inc.LOZANO,

July-2018 G.R. No. 229920, July 04, 2018

A.M. No. P-16- AGNES TUNPALAN, ALEJANDRO ALVAREZ,

3595 (Formerly OCA JODERICK LOZANO, ENRIQUE ROMMEL

I.P.I. No. 15-4446-P), MIRAFLORES, DOMINGO RIVERO,

June 26, 2018 - HON. Respondents.

IPI No. 12-3965-P), September 9, 2016, and Resolution3 dated

WELFARE OFFICER II, System).

OLIVER FABUGAIS, owns and operates several delivery trucks.5

G.R. No. 234499,

AGARRADO AND ROY again concealed the incident.

FOR THE BENEFIT OF received a Job Order amounting to Php 25,500.00,

CO-OWNERS 726, from Motormall Davao Corporation.14

AGARRADO, Mamaril a Notice to Explain.16 In the said Notice,

other violations of the company's safety rules.20

DELIMA, JOHN DOE, Subsequently, prior to the expiration of the 30-day

After the completion of the administrative

Memorandum of Appeal29 with the National Labor

G.R. No. 221439, Relations Commission (NLRC).

July 04, 2018 - System failed to present any document proving

G.R. No. 227421,

The computation of [Mamaril's] money

ROSARIO, the LA and the NLRC holding that Mamaril was

G.R. No. 222297,

G.R. No. 222563,

VILLABLANCA, JR., The Issues

G.R. No. 227502,

PEOPLE OF THE already constituted a penalty is unfounded and

BUREAU OF INTERNAL gross misapprehension of facts.47 The Court finds

ROZZANO RUFINO B. the dismissal of its employees, as long as the

Accordingly, Article 297 of the Labor Code affirms

PERALTA, Accused- Termination by employer. An

Appellants. employer may terminate an

G.R. No. 213446, causes:

July 03, 2018 -

CITY (KASAMA KA- drivers to attend various safety seminars, in

ELECTIONS moved backwards and hit another vehicle. This

AND IN HIS CAPACITY disobedience by an employee of the rules, shall

DAGANTA AND measure allowed by law and afforded to the

ALEJANDRO H. be at the height of inequity to prevent Red System

PARONG, VICTORIA Mamaril willfully violated Red System's safety

COMPANY, INC., 221-232.

G.R. No. 224588, 9 Id. at 284.

G.R. No. 222837,

G.R. No. 221427, 26 Rendered by Labor Arbiter Joseph

A.M. No. MTJ-16-

A.C. No. 10555, 36 Id. at 228.

EVELYN T. GOOPIO, 37 Id. at 230.

A.C. No. 12005,

G.R. No. 210838,

OF THE PHILIPPINES, 52 Id. at 179-180.

G.R. No. 203249,

G.R. No. 191495, 58 Id. at 90.

G.R. No. 192223,

AND NATURAL (2013).

G.R. No. 210204,

G.R. No. 222964,