G.R. No. 219435 January 17 2018 ALLIED BANKING CORPORATION NOW MERGED WITH PHILIPPINE NATIONAL BANK Petitioner v. REYNOLD CALUMPANG Respondent. - January 2018 Philipppine Supreme Court Decisions

3/3/2020 G.R. No.
.R. No. 219435, January 17, 2018 - ALLIED BANKING CORPORATION, NOW MERGED WITH PHILIPPINE NATIONAL BANK, Petitioner, v. R…
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January 2018 Decisions > G.R. No. 219435, January 17,
ChanRobles On-Line 2018 - ALLIED BANKING CORPORATION, NOW MERGED
Bar Review WITH PHILIPPINE NATIONAL BANK, Petitioner, v.
REYNOLD CALUMPANG, Respondent.:
G.R. No. 219435, January 17, 2018 - ALLIED BANKING

CORPORATION, NOW MERGED WITH PHILIPPINE
NATIONAL BANK, Petitioner, v. REYNOLD CALUMPANG,
Respondent.
THIRD DIVISION
G.R. No. 219435, January 17, 2018
ALLIED BANKING CORPORATION, NOW MERGED

January-2018
WITH PHILIPPINE NATIONAL BANK, Petitioner, v.
Jurisprudence
REYNOLD CALUMPANG, Respondent.
https://www.chanrobles.com/cralaw/2018januarydecisions.php?id=13 1/49
3/3/2020 G.R. No. 219435, January 17, 2018 - ALLIED BANKING CORPORATION, NOW MERGED WITH PHILIPPINE NATIONAL BANK, Petitioner, v. R…
DECISION
VELASCO JR., J.:

G.R. No. 190817,
January 10, 2018 - The Case
REPUBLIC OF THE
PHILIPPINES, Before the Court is a Petition for Review on Certiorari
Petitioner, v. filed under Rule 45 of the Rules of Court for the reversal
ROVENCY REALTY and setting aside of the Decision1 dated September 12,
AND DEVELOPMENT
2014 and the Resolution2 dated June 9, 2015 of the
CORPORATION,
Court of Appeals (CA) - Cebu City in CA-G.R. CEB SP No.
Respondent.
02906, which affirmed the findings of the National Labor
Relations Commission (NLRC) and of the Labor Arbiter,
G.R. Nos. 230429-
declaring respondent to have been illegally dismissed by
30, January 24, 2018
petitioner.
- LARA'S GIFT AND
DECORS, INC.,
The Facts
Petitioner, v. PNB
GENERAL INSURERS
Petitioner Allied Banking Corporation3 ("Bank") and Race
CO., INC. AND UCPB
Cleaners, Inc. ("RCI"), a corporation engaged in the
GENERAL INSURANCE
business of janitorial and manpower services, had
CO., INC.,
entered into a Service Agreement whereby the latter
Respondents.
provided the former with messengerial, janitorial,
communication, and maintenance services and the
G.R. No. 195614,
January 10, 2018 - personnel therefor.4
DIGITAL
TELECOMMUNICATIONS On September 28, 2003, respondent Reynold Calumpang
PHILS., INC./JOHN was hired as a janitor by RCI and was assigned at the
GOKONGWEI, JR., Bank's Tanjay City Branch ("the Branch"). He was tasked
Petitioner, v. NEILSON to perform janitorial work and messengerial/errand
M. AYAPANA, services. His job required him to be out of the Branch at
Respondent. times to run errands such as delivering statements and
checks for clearing, mailing letters, among others.5

A.M. No. P-09-
2633, January 30, Petitioner, however, observed that whenever respondent
2018 - OFFICE OF THE went out on errands, it takes a long time for him to
COURT return to the Branch. It was eventually discovered that
ADMINISTRATOR, during these times, respondent was also plying his
Complainant, v. pedicab and ferrying passengers. Petitioner also found
ROLANDO C. TOMAS out through several clients of the Branch who informed
AND ANGELINA C. the Bank Manager, Mr. Oscar Infante, that respondent
RILLORTA, FORMER had been borrowing money from them. Because of these
OFFICERS-IN- acts, Mr. Infante informed respondent that his services
CHARGE, REGIONAL would no longer be required at the Branch.6
TRIAL COURT,
SANTIAGO CITY, Disgruntled, respondent thereafter filed a complaint for
ISABELA, illegal dismissal and underpayment of wages against
Respondent.; A.M. No.
petitioner before the NLRC,7 which was docketed as RAB
RTJ-12-2338, January
VII-07-0094-2005-D.8
30, 2018 - ANGELINA
C. RILLORTA,
In his position paper, respondent asserted that the four-
Complainant, v.
fold test of employer-employee relationship is present
JUDGE FE A. MADRID,
between him and the Bank.9 First, he averred that he
REGIONAL TRIAL
was a regular employee of the Bank assigned as a
COURT, BRANCH 21,
Janitor of the Branch with a salary of P4,200 payable
SANTIAGO CITY,
every 15 days each month, and assigned such other
ISABELA, Respondent.
tasks essential and necessary for the Bank's business.10
G.R. No. 218427,

January 31, 2018 - He alleged that petitioner engaged his services and
PEOPLE OF THE exercised direct control and supervision over him
PHILIPPINES, Plaintiff- through the Branch Head, Oscar Infante, not only as to
Appellee, v. EMILIANO the results of his work but also as to the means and
DE CHAVEZ, Accused- methods by which the same was to be accomplished.
Appellant. According to respondent, Infante gives the direct orders

on the work to be done and accomplished during working
G.R. No. 225176, days, such as "m[o]pping, cleaning the comfort room of
January 19, 2018 - the [B]ank, arrang[ing] furniture and fixture, bank
ESMERALDO documents, throw[ing] garbage/waste disposal, cleaning
GATCHALIAN, DULY the windows, tables and teller cage" as well as directing
REPRESENTED BY him to "do messengerial/errand services such as mailing
SAMUEL GATCHALIAN, of letters, delivery of bank statements and deliver[ing]
Petitioner, v. CESAR checks for clearing."11

FLORES, JOSE LUIS
ARANETA, CORAZON As regards the payment of salary, respondent claimed
QUING, AND CYNTHIA that it was the Branch that directly paid his salaries and
FLORES, Respondents. wages every "quincina."12 As for the power of dismissal,
respondent further alleged that it was petitioner Bank,
G.R. No. 218245, through its Branch Head, who terminated his services.13
January 17, 2018 -
PEOPLE OF THE For its part, petitioner alleged that respondent was not
PHILIPPINES, Plaintiff- its employee, but that of RCI, with which it had entered
Appellee, v. JESUS into a Service Agreement to provide "messengerial,
EMPUESTO Y janitorial, communications and maintenance services and
SOCATRE, Accused-
the personnel therefor."14 It claimed that while
Appellant.
respondent was required to be out of the Branch at times
to accomplish his tasks, it was observed that whenever
G.R. No. 223142,
he went out on these errands, he would take a long time
January 17, 2018 -
to return to the Branch. Petitioner eventually discovered
PEOPLE OF THE
that during these times, respondent was "also plying his
PHILIPPINES, Plaintiff-
pedicab and ferrying passengers." Aside from this,
Appellee, v. ROLANDO
petitioner averred that several clients of the Branch
SANTOS Y
informed Infante that respondent had been borrowing
ZARAGOZA, Accused-
money from them "owing to his familiarity with said
Appellant.
clients." Upon discovering these incidents, petitioner
"had no choice but to have complainant relieved and
G.R. No. 196598,
replaced." Accordingly, Infante informed respondent that
January 17, 2018 -
his services would no longer be required by the
EDITHA B. ALBOR,
Branch.15
Petitioner, v. COURT
OF APPEALS, NERVA
Petitioner denied the existence of any employer-
MACASIL JOINED BY
employee relationship between itself and respondent. It
HER HUSBAND RUDY
asserted that respondent was clearly an employee of RCI
MACASIL AND NORMA
by virtue of the Service Agreement which clearly
BELUSO, JOINED BY
indicated in Article XI thereof that there would be no
HER HUSBAND NOLI
employer-employee relationship between RCI's
BELUSO,
employees and the Bank.16 It further averred that RCI is
Respondents.
a qualified job contractor because of its capitalization
and the fact that it exercised control and supervision
G.R. No. 217026,
over its employees deployed at the branches of the
January 22, 2018 -
petitioner in accordance with Rule VIII-A, Sec. 4, pars.
PEOPLE OF THE
(d) and (e) of the Omnibus Rules Implementing the
Appellee, v. Labor Code.17
LAWRENCE GAJO Y
BUENAFE AND RICO Furthermore, petitioner argued that it was merely
exercising its prerogative under the Service Agreement
GAJO Y BUENAFE, to seek the replacement or relief of any personnel

Accused-Appellants. assigned by RCI when the Branch Head informed
respondent that his services would no longer be required
G.R. No. 199527, at the Branch. According to petitioner, this decision to
January 10, 2018 - replace respondent was not equivalent to termination of
PEOPLE OF THE employment, especially since it was neither whimsical
PHILIPPINES, THRU nor arbitrary.18 Thus, petitioner concludes that, in the
PRIVATE absence of any employer-employee relationship between
COMPLAINANT BRIAN the parties, respondent had no cause of action against
VICTOR BRITCHFORD, petitioner for illegal dismissal, damages and other
Petitioner, v.
claims.19
SALVADOR ALAPAN,
Respondent.
Ruling of the Labor Arbiter
G.R. No. 233395,

In its Decision20 dated March 28, 2006, the Labor Arbiter
January 17, 2018 -
ruled in favor of respondent, the dispositive portion of
NORLINA G. SIBAYAN,
which reads:
Petitioner, v.
ELIZABETH O. ALDA, WHEREFORE, foregoing considered,
THROUGH HER complainant is hereby declared to be an
ATTORNEY-IN-FACT, employee of respondent Allied Banking
RUBY O. ALDA, Corporation. It is declared further that
Respondent. complainant has been illegally dismissed.
Respondent Allied Banking Corporation is
G.R. No. 219435, hereby ordered to reinstate complainant to
January 17, 2018 - his former position without loss of seniority
ALLIED BANKING rights or privileges, with full backwages from
CORPORATION, NOW the time his salary was withheld until his
MERGED WITH actual reinstatement, which is tentatively
PHILIPPINE NATIONAL computed in the amount of P37,800.00.
BANK, Petitioner, v. Should reinstatement be unfeasible for valid
REYNOLD reasons, respondent is ordered to pay the
CALUMPANG, complainant separation pay of one month
Respondent. salary per year of service, a fraction of six
months is considered as one year which is
A.M. No. P-17-3645 computed in the amount of P46,200.
(formerly OCA IPI No.
15-4415-P), January SO ORDERED.21
30, 2018 - MARITA B.
BALLOGUING, The Labor Arbiter held that there was an employer-

PRESIDING JUDGE, employee relationship between petitioner and
REGIONAL TRIAL respondent, based on the following findings: (a)
COURT, BRAPCH 20, Respondent rendered services to petitioner for eleven
VIGAN CITY, ILOCOS (11) unbroken years; (b) There was no evidence of a
SUR, Complainant, v. Service Agreement between petitioner and RCI; (c)
CRESENTE B. DAGAN, There was no evidence of a request for replacement of
UTILITY WORKER I, respondent made by petitioner with RCI; (d) Respondent
REGIONAL TRIAL was directly paid by petitioner and not through RCI; (e)
COURT, BRANCH 20, Respondent's work was directly controlled and
VIGAN CITY, ILOCOS supervised by petitioner; (f) It was petitioner who
SUR, Respondent. terminated the services of respondent with no
participation of RCI whatsoever; and (g) RCI disowned
A.C. No. 11111, any employment relationship with respondent.22
January 10, 2018 - IN
RE: G.R. NO. 157659 Considering its finding of the existence of an employer-
"ELIGIO P. MALLARI employee relationship between petitioner and
V. GOVERNMENT respondent, the Labor Arbiter further ruled that the
SERVICE INSURANCE reason and manner by which respondent was terminated
SYSTEM AND THE fell short of the requirements of the law since due
PROVINCIAL SHERIFF process was not observed. Accordingly, respondent was
OF PAMPANGA." declared to have been illegally dismissed and ordered to
be reinstated without loss of seniority or privileges, with
A.C. No. 10689
full backwages.23
[Formerly CBD Case
No. 11-3171], January
Aggrieved, petitioner immediately filed a Notice of
08, 2018 - ROMEO A.
Appeal and Memorandum of Appeal with the NLRC, which
ALMARIO,
was docketed as NLRC Case No. V-000628-2006.24
Complainant, v. ATTY.
DOMINICA LLERA-
Ruling of the National Labor Relations Commission
AGNO, Respondent.
The NLRC affirmed the decision of the Labor Arbiter in its

G.R. No. 190286,
Decision dated February 16,2007, to wit:
January 11, 2018 -
RAMON E. REYES AND WHEREFORE, premises considered, the
CLARA R. PASTOR, appeal of respondent Allied Banking
Petitioners, v. Corporation is hereby DISMISSED for lack of
BANCOM merit and the appealed Decision is
AFFIRMED.
DEVELOPMENT CORP.,
Respondent. SO ORDERED.25
Agreeing with the Labor Arbiter's findings, the NLRC

G.R. No. 190289,
January 17, 2018 - ruled that petitioner exercised all the elements of an
THE CITY OF employer-employee relationship through the payment of

wages, control and supervision over complainant's work
BACOLOD, HON.
MAYOR EVELIO R. and the power of dismissal.26 The NLRC discredited
LEONARDIA, ATTY. petitioner's argument that it merely exercised its
ALLAN L. ZAMORA prerogative to seek for a replacement or relief of any

AND ARCH. LEMUEL personnel assigned by RCI absent any evidence that it
D. REYNALDO, IN sought respondent's relief from RCI.27
THEIR PERSONAL
CAPACITIES AND IN Petitioner moved for the reconsideration of the NLRC
THEIR CAPACITIES AS Decision,28 but the same was denied in a Resolution
OFFICIALS OF THE
dated May 17, 2007.29 Thus, petitioner elevated the
CITY OF BACOLOD,
matter to the CA in a petition which was docketed as CA-
Petitioners, v.
G.R. SP No. 02906.30
PHUTURE VISIONS
CO., INC.,
Ruling of the Court of Appeals
Respondent.
In the assailed Decision dated September 12, 2014, the

G.R. No. 218208,
CA denied the petition and upheld the rulings of the
January 24, 2018 -
Labor Arbiter and the NLRC. The dispositive portion of
PEOPLE OF THE
the assailed Decision reads:
Appellee, v. BRIAN WHEREFORE, premises considered, the
VILLAHERMOSO, petition is hereby DENIED. The NLRC
Accused-Appellant. Decision dated 16 February 2007 and the
Resolution dated 17 May 2007, in RAB VII
G.R. Nos. 225642- Case No. 07-0094-2005-D, is AFFIRMED.
43, January 17, 2018
- PEOPLE OF THE The Labor Arbiter is hereby ordered to re-
PHILIPPINES, Plaintiff- compute the award of backwages and
Appellee, v. JUVY D. separation pay in accordance with the above
AMARELA AND disquisitions.
JUNARD G. RACHO,
Accused-Appellants. SO ORDERED.31
G.R. No. 196890, The CA ruled that RCI is a labor-only contractor. It

January 11, 2018 - applied the test of independent contractorship that
CAREER EXECUTIVE "whether one claiming to be an independent contractor
SERVICE BOARD, has contracted to do work according to his own methods
REPRESENTED BY and without being subject to the control of the employer,
CHAIRPERSON except only as to the results of the work" in determining
BERNARDO P. that RCI merely served as an agent of petitioner bank
ABESAMIS, and that respondent was truly an employee of
EXECUTIVE DIRECTOR petitioner.32
MA. ANTHONETTE
VELASCO-ALLONES, As to the issue of the propriety of respondent's dismissal,
AND DEPUTY the CA affirmed the findings of the Labor Arbiter and the
EXECUTIVE DIRECTOR NLRC that petitioner Bank failed to give respondent
ARTURO M. LACHICA, ample opportunity to contest the legality of his dismissal
Petitioners, v. CIVIL since no notice of termination was given to him.
SERVICE Consequently, the CA affirmed the award of
COMMISSION, reinstatement without loss of seniority rights and other
REPRESENTED BY privileges, and his full backwages inclusive of allowances
CHAIRMAN and other benefits or their monetary equivalent,
FRANCISCO T. DUQUE computed from the time his compensation was withheld
III AND BLESILDA V. up to the time of his actual reinstatement.
LODEVICO,
Respondents. Nevertheless, finding that there were strained relations
between petitioner bank and respondent, the CA ordered
G.R. No. 212472, the award of separation pay in lieu of reinstatement,
January 11, 2018 - equivalent to one (1) month salary for every year of
SPECIFIED service, with a fraction of a year of at least six (6)
CONTRACTORS & months to be considered as one (1) whole year, to be
DEVELOPMENT, INC., computed from the date he was hired until the finality of
AND SPOUSES the decision, earning a legal interest at the rate of six
ARCHITECT ENRIQUE percent (6%) per annum until full satisfaction.
O. OLONAN AND
CECILIA R. OLONAN, Petitioner filed a Motion for Reconsideration (of the
Petitioners, v. JOSE A. Decision Dated 12 September 2014) with Entry of
POBOCAN, Appearance and Motion for Substitution of Party dated
Respondent.
October 16, 2014,33 but it was denied in the assailed
Resolution dated June 9, 2015.
A.M. No. RTJ-18-
2514 (Formerly A.M.
No. 16-10-387-RTC), Hence, this petition.

January 30, 2018 -
OFFICE OF THE The Petition
COURT
ADMINISTRATOR, Petitioner asserts that the CA erred in declaring RCI as a
Complainant, v. labor-only contractor. It claims that RCI carried an
JUDGE HECTOR B. independent business as reflected in the Service
SALISE, PRESIDING Agreement that petitioner bank entered with RCI. Aside
JUDGE, BRANCH 7, from the substantial capitalization of RCI, petitioner bank
REGIONAL TRIAL avers that RCI exercises control and supervision over its
COURT, BAYUGAN personnel deployed at its branches. Petitioner bank
CITY, AGUSAN DEL further argues that even assuming that respondent's
SUR, Respondent. work is related to its business, such work is not
necessary in the conduct of the bank's principal business.
G.R. No. 212448, Finally, petitioner contends that it does not have the
January 11, 2018 - power to dismiss respondent and control his work based
AAA, Petitioner, v. on the Service Agreement with RCI.
BBB, Respondent.
Nevertheless, petitioner bank defends its right to ask for
G.R. No. 218630, respondent's replacement under Article IV of the Service
January 11, 2018 - Agreement. Petitioner reiterates that respondent's acts
REPUBLIC OF THE of borrowing money from the bank's clients and
PHILIPPINES, plying/ferrying passengers for a fee during his hour of
Petitioner, v. KATRINA duty constitute conduct which is prejudicial to the
S. TOBORA- interest of petitioner. Thus, in accordance with the
TIONGLICO, Service Agreement, petitioner bank merely exercised its
Respondent. right to change or have respondent replaced instead of
imposing disciplinary measures on him. According to
A.C. No. 5473, petitioner, this act was erroneously construed by the CA
January 23, 2018 - as an exercise of the power of control over or of
GENE M. DOMINGO, dismissal of respondent.
ANASTACIO E. In a Resolution34 dated September 28, 2015, We
REVILLA, JR., required respondent to comment on the petition within
Respondent. ten (10) days from notice. However, respondent has
failed to file any comment thereon to date. Accordingly,
G.R. No. 227215, respondent is deemed to have waived his right to
January 10, 2018 - comment on the petition and the Court shall now
REPUBLIC OF THE
PHILIPPINES, proceed to rule on its merits.

REPRESENTED BY THE
DEPARTMENT OF The Issues
PUBLIC WORKS AND
HIGHWAYS (DPWH), Petitioner raises the following issues:
Petitioner, v. LEONOR
1. Whether or not the CA erred in declaring that RCI
MACABAGDAL,
is a labor only contractor.
REPRESENTED BY
EULOGIA
2. Whether or not the CA erred in declaring that there
MACABAGDAL
exists an employer-employee relationship between
PASCUAL (FORMERLY
the Bank and respondent.
JOHN DOE "DDD"),
Respondent.
3. Whether or not the CA erred in (i) declaring that
respondent had been illegally dismissed, and (ii)
G.R. No. 201501,
granting his monetary claims.
January 22, 2018 -
REPUBLIC OF THE Essentially, the principal issue is whether the CA erred in
PHILIPPINES, affirming the NLRC Decision which declared that RCI is a
REPRESENTED BY THE labor-only contractor, and in ordering the Labor Arbiter
POLLUTION to re-compute the award of backwages and separation
ADJUDICATION pay.
BOARD, Petitioner, v.
N. DELA MERCED & The Court's Ruling
SONS, INC.,
Respondent.; G.R. No. The petition is partly meritorious.
201658, January 22,
2018 - N. DELA RCI is a labor-only contractor
MERCED & SONS,
INC., Petitioner, v. Article 106 of the Labor Code provides the relations
REPUBLIC OF THE which may arise between an employer, a contractor, and
PHILIPPINES, the contractors' employees, thus:
REPRESENTED BY THE
ART. 106. Contractor or subcontracting. -
POLLUTION
Whenever an employer enters into a contract
ADJUDICATION
with another person for the performance of
BOARD, Respondent.
the former's work, the employees of the
contractor and of the latter's subcontractor, if
A.C. No. 10783,
any, shall be paid in accordance with the
January 31, 2018 -
provisions of this Code.
ATTY. BENIGNO
BARTOLOME,
Complainant, v. ATTY. In the event that the contractor or
CHRISTOPHER A. subcontractor fails to pay the wages of his
BASILIO, Respondent. employees in accordance with this Code, the
employer shall be jointly and severally liable
G.R. No. 205307, with his contractor or subcontractor to such
January 11, 2018 - employees to the extent of the work
PEOPLE OF THE performed under the contract, in the same
PHILIPPINES, Plaintiff- manner and extent that he is liable to
Appellee, v. EDUARDO employees directly employed by him.
GOLIDAN Y COTO-
ONG, FRANCIS The Secretary of Labor and Employment may,
NACIONALES Y by appropriate regulations, restrict or prohibit
FERNANDEZ, AND the contracting out of labor to protect the
TEDDY OGSILA Y rights of workers established under the Code.
TAHIL, ACCUSED, In so prohibiting or restricting, he may make
EDUARDO GOLIDAN Y appropriate distinctions between labor-only
COTO-ONG AND contracting and job contracting as well as
FRANCIS NACIONALES differentiations within these types of
Y FERNANDEZ, contracting and determine who among the
Accused-Appellants. parties involved shall be considered the
employer for purposes of this Code, to
G.R. No. 189609, prevent any violation or circumvention of any
January 29, 2018 - provision of this Code.
VICTORIA N.
RACELIS, IN HER There is labor-only contracting where the
CAPACITY AS person supplying workers to an employer
ADMINISTRATOR, does not have substantial capital or
Petitioner, v. investment in the form of tools, equipment,
SPOUSES GERMIL machineries, work premises, among others,
JAVIER AND REBECCA and the workers recruited and placed by such
JAVIER, Respondents. person are performing activities which are
directly related to the principal business of
G.R. No. 224498, such employer. In such cases, the person or
January 11, 2018 - intermediary shall be considered merely as an
PEOPLE OF THE agent of the employer who shall be
PHILIPPINES, Plaintiff- responsible to the workers in the same
Appellee, v. PFC manner and extent as if the latter were
directly employed by him.
ENRIQUE REYES, Permissible job contracting or subcontracting has been

Accused-Appellant. distinguished from labor-only contracting such that
permissible job contracting or subcontracting refers to an
G.R. No. 228087, arrangement whereby a principal agrees to put out or
January 24, 2018 - H. farm out to a contractor or subcontractor the
VILLARICA performance or completion of a specific job, work or
PAWNSHOP, INC., HL service within a definite or predetermined period,
VILLARICA regardless of whether such job, work or service is to be
PAWNSHOP, INC., performed or completed within or outside the premises
HRV VILLARICA of the principal, while labor-only contracting, on the
PAWNSHOP, INC. AND other hand, pertains to an arrangement where the
VILLARICA contractor or subcontractor merely recruits, supplies or
PAWNSHOP, INC., places workers to perform a job, work or service for a
Petitioners, v. SOCIAL principal.35
SECURITY
COMMISSION, SOCIAL These distinctions were laid out in the Omnibus Rules
SECURITY SYSTEM, Implementing the Labor Code thus:
AMADOR M.
MONTEIRO, SECTION 8. Job Contracting. - There is job
SANTIAGO DIONISIO contracting permissible under the Code if the

following conditions are met:
R. AGDEPPA, MA. LUZ
N. BARROS-MAGSINO,
(a) The contractor carries on an independent
MILAGROS N. CASUGA
business and undertakes the contract work on
AND JOCELYN Q.
GARCIA, his own account under his own responsibility
Respondents. according to his own manner and method,

free from the control and direction of his
employer or principal in all matters connected
G.R. Nos. 206079-
with the performance of the work except as
80, January 17, 2018
to the results thereof; and
- PHILIPPINE
AIRLINES, INC. (PAL),
Petitioner, v. (b) The contractor has substantial capital or
investment in the form of tools, equipment,
COMMISSIONER OF
machineries, work premises, and other
INTERNAL REVENUE,
materials which are necessary in the conduct
Respondent.; G.R. No.
of his business.
206309, January 17,
2018 -
COMMISSIONER OF SECTION 9. Labor-only contracting. - (a) Any
person who undertakes to supply workers to
INTERNAL REVENUE,
Petitioner, v. an employer shall be deemed to be engaged

PHILIPPINE AIRLINES, in labor only contracting where such person:
INC. (PAL),
Respondent. (1) Does not have substantial capital or
investment in the form of tools, equipment,
G.R. No. 192396, machineries, work premises and other
January 17, 2018 - materials; and
STEPHEN A. ANTIG,
AS REPRESENTATIVE (2) The workers recruited and placed by such
OF AMS BANANA person are performing activities which are
EXPORTER, INC. directly related to the principal business or
[FORMERLY AMS operations of the employer in which workers
FARMING are habitually employed.
CORPORATION],
BERNARDITA S. (b) Labor-only contracting as defined herein
LEMOSNERO, JEMARIE is hereby prohibited and the person acting as
J. TESTADO, THOMAS contractor shall be considered merely as an
BERNARD C. ALLADIN, agent or intermediary of the employer who
AND GERARDO shall be responsible to the workers in the
ARANGOSO, same manner and extent as if the latter were
Petitioners, v. directly employed by him.
ANASTACIO
ANTIPUESTO, IN HIS (c) For cases not falling under this Rule, the
OWN CAPACITY AND Secretary of Labor and Employment shall
AS REPRESENTATIVE determine through appropriate orders
OF AMS KAPALONG whether or not the contracting out of labor is
AGRARIAN REFORM permissible in the light of the circumstances
BENEFICIARIES of each case and after considering the
MULTI-PURPOSE operating needs of the employer and the
COOPERATIVE rights of the workers involved. In such case,
(AMSKARBEMCO) AND he may prescribe conditions and restrictions
ITS MEMBERS, to insure the protection and welfare of the
Respondents. workers.
As a general rule, a contractor is presumed to be a labor-

G.R. No. 225735,
only contractor, unless such contractor overcomes the
January 10, 2018 -
burden of proving that it has the substantial capital,
PEOPLE OF THE
investment, tools and the like.36
Appellee, v. BELEN
MEJARES Y VALENCIA, In the present case, petitioner failed to establish that

Accused-Appellant. RCI is a legitimate labor contractor as contemplated
under the Labor Code. Except for the bare allegation of
A.C. No. 8208, petitioner that RCI had substantial capitalization, it
January 10, 2018 - presented no supporting evidence to show the same.
RET. JUDGE VIRGILIO Petitioner never submitted financial statements from
ALPAJORA, RCI. Even the Service Agreement allegedly entered into
Complainant, v. ATTY. between petitioner and RCI, upon which petitioner relied
RONALDO ANTONIO to show that RCI was an independent contractor, had
V. CALAYAN, lapsed in August 2005, as admitted by petitioner in its
Respondent. Position Paper.37 Notably, petitioner failed to allege when
the Service Agreement was executed, thus, making its
G.R. No. 227698, claim that respondent was hired by RCI and assigned to
January 31, 2018 - petitioner in 2003 even more ambiguous.
PEOPLE OF THE
PHILIPPINES, Plaintiff- Aside from this, petitioner's claim that RCI exercised
Appellee, v. control and supervision over respondent is belied by the
HERNANDO BONGOS, fact that petitioner admitted that its own Branch
Accused-Appellants. Manager had informed respondent that his services
would no longer be required at the Branch.38 This overt

G.R. No. 219889,
act shows that petitioner had direct control over
January 29, 2018 -
respondent while he was assigned at the Branch.
PEOPLE OF THE
Moreover, the CA is correct in finding that respondent's
work is related to petitioner's business and is
Appellee, v. EDWIN
characterized as part of or in pursuit of its banking
DAGSA Y BANTAS @
operations.
"WING WING,"
Accused-Appellant.
An employer-employee relationship exists between
petitioner and respondent
G.R. No. 210161,
January 10, 2018 -
A finding that a contractor is a labor-only contractor, as
PEOPLE OF THE
opposed to permissible job contracting, is equivalent to
declaring that there is an employer-employee
Appellee, v.
relationship between the principal and the employees of
BIENVINIDO UDANG,
the supposed contractor, and the labor-only contractor is
SR. Y SEVILLA,1
considered as a mere agent of the principal, the real
Accused-Appellant.
employer.39
G.R. No. 202612, In this case, petitioner bank is the principal employer
January 17, 2018 - and RCI is the labor-only contractor. Accordingly,
TEODORO C. petitioner and RCI are solidarily liable for the rightful
TORTONA, RODRIGO claims of respondent.
C. TORTONA, PEDRO
C. TORTONA, Petitioner had valid grounds to dismiss respondent
ERNESTO C.
TORTONA, AND It is an established principle that the dismissal of an
PATRICIO C. employee is justified where there was a just cause and
TORTONA, Petitioners, the employee was afforded due process prior to
v. JULIAN C. dismissal.40 The burden of proof to establish these twin
GREGORIO, requirements is on the employer, who must present
FLORENTINO clear, accurate, consistent, and convincing evidence to
GREGORIO, JR.,
that effect.41
ISAGANI C.
GREGORIO,
The Labor Arbiter haphazardly declared that respondent
CELEDONIA G.
was illegal1y dismissed when it ruled that respondent's
IGNACIO, TEODOCIA
misconduct was not established since due process was
G. CHAN, LEONILA G.
not observed.42 The NLRC also ruled in a similar manner
CAAMPUED,
and failed to address the grounds for termination raised
CONCORDIA G.
by petitioner, specifically respondent's transgressions.43
MIJARES, ROMEO C.
While the CA addressed the aspect of substantive due
GREGORIO, EDNA S.
process, it simply disregarded the grounds raised by
TAN, NELIA S. REYES,
petitioner and concluded that petitioner failed to
CECILIA S.
discharge the burden of proof that valid or authorized
FRIEDMAN,
LAMBERTO SUANTE, causes under the Labor Code exist.44
JULIUS SUANTE,
CORAZON YASAY- We, however, find that petitioner's basis for terminating
GREGORIO, DONALDO respondent rests on valid and legal grounds. At the very
Y. GREGORIO, ELMER first instance, petitioner had already stressed in its
Y. GREGORIO, AND position paper that respondent was found committing
ROY JOHN Y. conduct prejudicial to the interests of the Branch when it
GREGORIO, was discovered that 1) respondent was plying his
Respondents. pedicab and ferrying passengers during his work hours

and 2) he had been borrowing money from several
G.R. No. 209582, clients of the Branch.
January 19, 2018 -

TEEKAY SHIPPING Nowhere in the records was it shown that respondent
PHILIPPINES, INC., denied these imputations against him. Absent any denial
AND/OR TEEKAY on the part of respondent, the Court is constrained to
SHIPPING LTD., believe that respondent's silence can be construed as an
AND/OR ALEX admission of these accusations against him.
VERCHEZ, Petitioners,
v. ROBERTO M. The very nature of the actions imputed against
RAMOGA, JR., respondent is serious and detrimental to the Bank's
Respondent. operations and reputation. Thus, petitioner's decision to
relieve respondent from his employment is justified.
G.R. No. 201792,
January 24, 2018 - Respondent's right to procedural due process was
WILFREDO P. ASAYAS, violated
Petitioner, v. SEA
POWER SHIPPING Nevertheless, We agree with the findings of the appellate
ENTERPRISES, INC., court that there were procedural lapses in the dismissal
AND/OR AVIN of respondent.
INTERNATIONAL S.A.,
AND/OR ANTONIETTE The importance of procedural due process was
GUERRERO, expounded by this Court in King of Kings Transport, Inc.
Respondents. v. Mamac, thus:
(1) The first written notice to be served on

G.R. No. 219581,
the employees should contain the specific
January 31, 2018 -
causes or grounds for termination against
PEOPLE OF THE
them, and a directive that the employees are
given the opportunity to submit their written
Appellee, v. MAXIMO
explanation within a reasonable period.
DELA PEÑA, Accused-
Reasonable opportunity under the Omnibus
Appellant.; ROMY
Rules means every kind of assistance that
REAL, DANNY REAL
management must accord to the employees
AND ONYONG REYES,
to enable them to prepare adequately for
Accused.
their defense. This should be construed as a
period of at least five calendar days from
G.R. No. 219238,
receipt of the notice x x x. Moreover, in order
January 31, 2018 -
to enable the employees to intelligently
PEOPLE OF THE
prepare their explanation and defenses, the
notice should contain a detailed narration of
Appellee, v. MOISES
the facts and circumstances that will serve as
DEJOLDE, JR. Y
basis for the charge against the employees. A
SALINO, Accused- general description of the charge will not

Appellant. suffice. Lastly, the notice should specifically
mention which company rules, if any, are
A.M. No. P-17-3772 violated and/or which among the grounds
(Formerly OCA IPI No. under Art. 288 [of the Labor Code] is being
12-3999-P), January charged against the employees.
10, 2018 - JOVITA B.
LAMSIS, Complainant, (2) After serving the first notice, the
v. JUDE F. SALES, employees should schedule and conduct a
SR., PROCESS hearing or conference wherein the
SERVER, REGIONAL employees will be given the opportunity to
TRIAL COURT, (1) explain and clarify their defenses to the
BRANCH 10, LA charge against them; (2) present evidence in
TRINIDAD, BENGUET, support of their defenses; and (3) rebut the
Respondent. evidence presented against them by the
management. During the hearing or
G.R. No. 229829, conference, the employees are given the
January 22, 2018 - chance to defend themselves personally, with
PEOPLE OF THE the assistance of a representative or counsel
PHILIPPINES, Plaintiff- of their choice x x x.
Appellee, v. ARNEL
KALIPAYAN Y ANIANO, (3) After determining that termination is
Accused-Appellant. justified, the employer shall serve the
employees a written notice of termination
A.M. No. P-05- indicating that: (1) all the circumstances
1938, January 30, involving the charge against the employees
2018 - THE OFFICE OF have been considered; and (2) grounds have
THE COURT been established to justify the severance of
ADMINISTRATOR, their employment.45 (emphasis in the
Complainant, v. MR. original)
CRISPIN C. EGIPTO,
JR., CLERK OF COURT In the present case, it is uncontested that petitioner
IV, MUNICIPAL TRIAL failed to give respondent ample opportunity to contest
COURT IN CITIES, the legality of his dismissal since he was neither given a
notice to explain nor a notice of termination. The first
PAGADIAN CITY,
and second notice requirements have not been properly
Respondent.
observed; thus, respondent's dismissal, albeit with valid
G.R. No. 226355, grounds, is tainted with illegality.
January 24, 2018 -

REPUBLIC OF THE The award of backwages and separation pay is

PHILIPPINES, deleted but respondent is entitled to nominal
REPRESENTED BY THE damages
DEPARTMENT OF
PUBLIC WORKS AND Considering that there were valid and substantive
HIGHWAYS (DPWH), grounds to terminate respondent's employment, the
Petitioner, v. HEIRS award of backwages and separation pay is deleted.
OF CIRILO However, petitioner's violation of respondent's right to
GOTENGCO, statutory procedural due process warrants the payment
Respondents. of indemnity in the form of nominal damages.
G.R. No. 203298, Nominal damages may be awarded to a plaintiff whose

January 17, 2018 - right has been violated or invaded by the defendant, for
INTERLINK MOVIE the purpose of vindicating or recognizing that right, and
HOUSES, INC. AND not for indemnifying the plaintiff for any loss suffered by
EDMER Y. LIM, him. Its award is thus not for the purpose of
Petitioners, v. indemnification for a loss but for the recognition and
HONORABLE COURT vindication of a right.46
OF APPEALS,
STATIONERY In fixing the amount of nominal damages whose
EXPRESSIONS SHOP, determination is addressed to our sound discretion, the
INC. AND JOSEPHINE Court should take into account several factors
LIM BON HUAN, surrounding the case, such as: (1) the employer's
Respondents. financial, medical, and/or moral assistance to the sick
employee; (2) the flexibility and leeway that the
G.R. No. 223099, employer allowed the sick employee in performing his
January 11, 2018 - duties while attending to his medical needs; (3) the
PEOPLE OF THE employer's grant of other termination benefits in favor of
PHILIPPINES, Plaintiff- the employee; and (4) whether there was a bona fide
Appellee, v. LINO attempt on the part of the employer to comply with the
ALEJANDRO Y twin-notice requirement as opposed to giving no notice
PIMENTEL, Accused-
at all.47
Appellant.
Based on the factual considerations of the present case,

G.R. No. 207354,
We deem it appropriate to award nominal damages in
January 10, 2018 -
the amount of Thirty Thousand Pesos (P30,000) in favor
CHARLIE HUBILLA,
of respondent as a result of petitioner's act of violating
JOEL NAYRE, NENITA
his right to procedural due process.
A. TAN, PEDRO
MAGALLANES, JR.,
ARNEL YUSON, WHEREFORE, the petition is hereby PARTIALLY
JANICE CABATBAT, GRANTED. The Decision dated September 12, 2014 and
JUDY PAPINA, the Resolution dated June 9, 2015 of the Court of
VANESSA ESPIRITU, Appeals-Cebu City in CA-G.R. CEB SP No. 02906 are
NOEMI YALUNG, hereby AFFIRMED with MODIFICATION. Since Race
GENALYN Cleaners Inc. is a labor-only contractor, petitioner Allied
RESCOBILLO, FIDEL Banking Corporation now merged with Philippine National
ZAQUITA, NYL B. Bank is declared to be the employer of respondent
CALINGASAN, JANICE Reynold Calumpang, whose dismissal is declared to be
MIRADORA, substantively valid for being based on sufficient and valid
EVANGELINE CHUA, grounds. However, he was denied his right to procedural
ROSCHELLE MISSION, due process for lack of the required twin notices to
MELANIE explain and of dismissal.
BALLESTEROS,
MARILYN BACALSO, Consequently, petitioner is ordered to pay respondent
RENALYN ALCANTARA, nominal damages in the amount of P30,000 for its non-
FEDERICO B. compliance with procedural due process.
VIERNES,
CHRISTOPHER B. SO ORDERED.
YARES, ANA MARY R.
AGUILAR, MELANIE Bersamin, Leonen, Martires, and Gesmundo, JJ., concur.
SAN MARCOS,
EMERLOVE MONTE,
CHONALYN LUCAS,
February 1, 2018
THERESA MALICOSIO,
MA. FE CERCARES,
NOTICE OF JUDGMENT
RUBELYN R. CLARO,
JONALYN M. YALUNG,
Sirs / Mesdames:
MARY ANN V.
MACANAG, RESLYN L.
Please take notice that on January 17, 2018 a
FLORES, CRISTEL C.
Decision, copy attached hereto, was rendered by the
ROQUE, TERESA G.
Supreme Court in the above-entitled case, the original of
MUNAR, SUSAN A.
which was received by this office on February 1, 2018 at
DELA CRUZ, SHEENA
9:50 a.m.
KAY P. DE VERA,
ARLENE R. ANES,
GINA B. BINIBINI, Very truly yours,
CHERINE V. ZORILLA,
MA. CRISTINE (SGD)

MAGTOTO, FRANCIS
WILFREDO V. LAPITAN
MARIE O. DE CASTRO,
VANESSA R. Division Clerk of Court
ESPIRITU, RACHELLE
V. QUISTORIA, JULIE
ANN ILAN, ANGELIE F. Endnotes:
PANOTES, ANABEL
PAYOS, MELISSA M.
1Rollo, pp. 11-21. Penned by Associate
PERLAS, MELANIE B.
Justice Renato C. Francisco and concurred in
BERSES, BARVI ROSE
by Associate Justices Gabriel T. Ingles and
PERALTA, RESIE
Pamela Ann Abella Maxino.
AQUE, ROWENA
RIVERA, MELANIE M.
2 Id. at 23-25.
DY, CHERYLYN CORO,
RANELYN SUBONG,
3 Now merged with Philippine National Bank.
ANGELA SUBILLAGA,
THELMA
4Rollo, p. 35.
BARTOLABAC,
MICHELLE C. ILAGAN,
PRECIOUS MAE DE 5 Id.
GUZMAN, MARY
CAROLINE COLINA, 6 Id.
FRELYN HIPOLITO,
MYLINE A. CALLOS, 7 Id.
JANETH B. SEMBILLO,
LEA LYN F.
8 Id. at 87.
FERRANCO, MAY C.
SANTOS, ROSELLE A.
9 Id. at 73.
NOBLE, JENNIFER D.
SUYOM, WARREN
10 Id. at 72.
PETCHIE C. CAJES,
ROWELYN F.
CATALAN, RIEZEL 11 Id. at 73.
ANN A. ALEGRE,
DEMETRIA B. PEREZ, 12 Id.
GENALYN OSOC,
JUVILYN N. NERI, JOY 13 Id. at 74.
B. PIMENTEL, AIRENE
LAYON, MARY JOY

TURQUEZA, MARY 14 Id. at 80-81.
ANN VALENTIN,
ROSIE L. NIEBRES, 15 Id. at 81.
MELCA MALLORCA,
JOY CAGATCAGAT,
16 Id. at 82.
DIANA CAMARO,
MARIVEL DIJUMO,
17 Id. at 83.
SHEILA DELA CRUZ,
ELIZABETH ARINGO,
18 Id. at 83-84.
JENALYN G. DISMAYA,
MELANIE G. TRIA,
19 Id. at 84.
GRETCHEN D. MEJOS,
AND JANELIE R.
JIMENEZ, Petitioners, 20 Id. at 87-93. Rendered by Labor Arbiter
v. HSY MARKETING Fructuoso T. Villarin, IV.
LTD., CO.,
WANTOFREE 21 Id. at 92-93.
ORIENTAL TRADING,
INC., COEN FASHION 22 Id. at 90.
HOUSE AND GENERAL
MERCHANDISE, ASIA
23 Id. at 92-93.
CONSUMER VALUE
TRADING, INC.,
24 Id. at 94-103.
FABULOUS JEANS &
SHIRT & GENERAL
25 Id. at 106.
MERCHANDISE, LSG
MANUFACTURING
CORPORATION, UNITE 26 Id. at 105.
GENERAL
MERCHANDISE, 27 Id. at 106.
ROSARIO Q. CO,
LUCIA PUN LING 28 Id. at 108-116.
YEUNG, AND
ALEXANDER
29 Id. at 117-118.
ARQUEZA,
Respondents.
30 Id. at 119-134.
G.R. No. 215713, 31 Id. at 20-21.

January 22, 2018 -
PEOPLE OF THE 32 Id. at 15-19.
PHILPPINES, Plaintiff-
Appellee, v. BOBBY S.
33 Id. at 146-159.
ABELARDE, Accused-
Appellant.
34 Id. at 166-167.
A.M. No. P-17-3771

35Sasan, Sr. v. National Labor Relations
(Formerly OCA IPI No.
11-3689-P), January Commission 4th Division, G.R. No. 176240,
24, 2018 - JUDGE October 17, 2008, 569 SCRA 670.
DENNIS B. CASTILLA,
36Diamond Farms, Inc. v. Southern
Complainant, v.
MARIA LUZ A. Philippines Federation of Labor (SPFL)-
DUNCANO, CLERK OF Workers Solidarity of DARBMUPCO/Diamond-
COURT IV, OFFICE OF SPFL, G.R. Nos. 173254-55 & 173263,
THE CLERK OF January 13, 2016.
COURT, MUNICIPAL
TRIAL COURT IN 37 CA rollo, pp. 38-39.
CITIES, BUTUAN,
AGUSAN DEL SUR, 38 Id. at 39.
Respondent.
39Diamond farms, Inc. v. Southern

G.R. No. 203081,
Philippines Federation of Labor (SPFL)-
January 17, 2018 -
Workers Solidarity of DARBMUPCO/Diamond-
LINDA CACHO,
SPFL, supra note 36.
MINORS SARAH JANE,
JACQUELINE, FIRE
40Olympia Housing, Inc. v. Allan Lapastora
RINA AND MARK
and Irene Ubalubao, G.R. No. 187691,
LOUISE ALL
January 13, 2016.
SURNAMED CACHO,
ALL REPRESENTED BY
41Hanjin Heavy Industries and Construction
THEIR MOTHER AND
GUARDIAN AD LITEM Co. Ltd. v. Ibaez, G.R. No. 170181, June 26,
LINDA CACHO, 2008, 555 SCRA 537.
Petitioners, v.
42Rollo, p. 59.
GERARDO MANAHAN,
DAGUPAN BUS CO.,
INC., AND RENATO DE 43 Id. at 106.

VERA DOING
BUSINESS UNDER 44 Id. at 19-20.
THE NAME R. M. DE
VERA
45 G.R. No. 166208, June 29, 2007. 526
CONSTRUCTION,
SCRA 116, 125-26.
Respondent.
46Libcap Marketing Corp., Johanna J. Celiz,

G.R. No. 210766,
and Ma. Lucia G. Mondragon v. Lanny Jean B.
January 08, 2018 -
Baquial, G.R. No. 192011, June 30, 2014.
MARIA CONCEPCION
N. SINGSON A.K.A.
47Marlo A. Deoferio v. Intel Technology
CONCEPCION N.
SINGSON, Petitioner, Philippines, Inc. and/or Mike Wentling, G.R.
v. BENJAMIN L. No. 202996, June 18, 2014, 726 SCRA 679.
SINGSON,
Respondent.
G.R. No. 207074,

January 17, 2018 - Back to Home | Back to Main
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v.
MICHELLE SORIANO
GALLO, Respondent.
G.R. No. 195878,

January 10, 2018 -
MAGSAYSAY MITSUI
OSK MARINE, INC.,
KOYO MARINE, CO.
LTD., AND CONRADO
DELA CRUZ,
Petitioners, v. OLIVER
G. BUENAVENTURA,
Respondent.
G.R. No. 230404,

January 31, 2018 - IN
THE MATTER OF THE

INTESTATE ESTATE
OF REYNALDO
GUZMAN RODRIGUEZ;
ANITA ONG TAN,
Petitioner, v.
ROLANDO C.
RODRIGUEZ,
RACQUEL R.
GEGAJO*, ROSALINDA
R. LANDON,
REYNALDO C.
RODRIGUEZ, JR.,
ESTER R. FULGENCIO,
RAFAEL C.
RODRIGUEZ AND
REYNEST C.
RODRIGUEZ,
Respondents.
G.R. No. 216057,

January 08, 2018 -
PEOPLE OF THE
PHILIPPINES,
Appellee, v. CEFERINO
VILLACAMPA Y
CADIENTE @ "DADDY
GAGA," Appellant.
A.C. No. 9000,

January 10, 2018 -
TOMAS P. TAN, JR.,
HAIDE V. GUMBA,
Respondent.
G.R. No. 205813,

January 10, 2018 -
ALFREDO F. LAYA, JR.,
Petitioner, v.
PHILIPPINE VETERANS
BANK AND RICARDO
A. BALBIDO, JR.,
Respondents.
G.R. No. 192971,

January 10, 2018 -
FLORO MERCENE,
Petitioner, v.
GOVERNMENT
SERVICE INSURANCE
SYSTEM, Respondent.
A.M. No. RTJ-11-

2301 [Formerly A.M.
No. 11-3-55-RTC],
January 16, 2018 -
OFFICE OF THE
COURT
ADMINISTRATOR,
Complainant, v.
JUDGE PERLA V.
CABRERA FALLER,
OFFICER-IN-CHARGE
OPHELIA G. SULUEN
AND PROCESS
SERVER RIZALINO
RINALDI B.
PONTEJOS, ALL OF
THE RTC, BRANCH 90,
DASMARIÑAS,
CAVITE,
Respondents.; A.M.
No. RTJ-11-2302
[FORMERLY A.M. No.
11-7-125-RTC] -
OFFICE OF THE
COURT
ADMINISTRATOR,
Complainant, v.
PRESIDING JUDGE
FERNANDO L.
FELICEN, CLERK OF
COURT V ATTY. ALLAN
SLY M. MARASIGAN,
SHERIFF IV ANSELMO
P. PAGUNSAN, JR.,
COURT
STENOGRAPHERS
ROSALIE MARANAN
AND TERESITA P.
REYES, COURT
INTERPRETER IMELDA
M. JUNTILLA, AND
PROCESS SERVER
HIPOLITO O. FERRER,
ALL OF THE RTC,
BRANCH 20, IMUS,
CAVITE; PRESIDING
JUDGE NORBERTO J.
QUISUMBING, JR.,
CLERK OF COURT
ATTY. MARIA
CRISTITA A. RIVAS-
SANTOS, LEGAL
RESEARCHER
MANUELA O. OSORIO,
SHERIFF IV FILMAR M.
DE VILLA, COURT
STENOGRAPHERS
MARILOU CAJIGAL,
WENDILYN T. ALMEDA
AND HELEN B.
CARALUT, COURT
INTERPRETER
ELENITA T. DE VILLA,
AND PROCESS
SERVER ELMER S.
AZCUETA, ALL OF THE
RTC, BRANCH 21,
IMUS, CAVITE;
PRESIDING JUDGE
CESAR A.
MANGROBANG, CLERK
OF COURT VI ATTY.
REGALADO E.
EUSEBIO, CLERK OF
COURT V ATTY. SETER
M. DELA CRUZ-
CORDEZ, LEGAL
RESEARCHER DEVINA
A. REYES BERMUDEZ,
COURT
STENOGRAPHERS
PRISCILLA P.
HERNANDEZ,
NORMITA Z. FABIA,
MERLY O. PARCERO,
AND JOYCE ANN F.
SINGIAN, COURT
INTERPRETER
MICHELLE A.
ALARCON, AND
PROCESS SERVER
ELMER S. AZCUETA,
ALL OF THE RTC,
BRANCH 22, IMUS,
CAVITE; EXECUTIVE
JUDGE PERLA V.
CABRERAFALLER,
CLERK OF COURT
ZENAIDA C.
NOGUERA, SHERIFF
IV TOMAS C. AZURIN,
OIC LEGAL
RESEARCHER
OPHELIA G. SULUEN,
COURT
STENOGRAPHERS
JESUSA B. SAN JOSE,
ROSALINA A.
COSTUNA, AND
MARIA LOURDES M.
SAPINOSO, COURT
INTERPRETER
MERLINA S. FERMA,
AND PROCESS
SERVER RIZALINO
RINALDI B.
PONTEJOS, ALL OF
THE RTC, BRANCH 90,
DASMARIÑAS,
CAVITE,
Respondents.; A.M.
No. 12-9-188-RTC -
RE: ANONYMOUS
LETTER COMPLAINT
AGAINST JUDGE
PERLA V. CABRERA-
FALLER, BRANCH 90,
REGIONAL TRIAL
COURT, DASMARIÑAS
CITY, CAVITE,
RELATIVE TO CIVIL
CASE NO. 1998-08
G.R. No. 194214,

January 10, 2018 -
MARILOU
PUNONGBAYAN-
VISITACION,
Petitioner, v. PEOPLE
OF THE PHILIPPINES
AND CARMELITA P.
PUNONGBAYAN,
Respondents.
G.R. No. 200469,

January 15, 2018 -
PHILIPPINE SAVINGS
BANK, Petitioner, v.
JOSEPHINE L. PAPA,
Respondent.
G.R. No. 205440,

January 15, 2018 -
PEOPLE OF THE
Appellee, v. YOLANDO
B. PANERIO ALIAS
JOHN "YOLLY" LABOR
AND ALEX (JOJO) F.
ORTEZA, ACCUSED,
YOLANDO B.
PANERIO, Accused-
Appellant.
G.R. No. 214291,

January 11, 2018 -
AMERICAN POWER
CONVERSION
CORPORATION;
AMERICAN POWER
CONVERSION
SINGAPORE PTE.
LTD.; AMERICAN
POWER CONVERSION
(A.P.C.), B.V.;
AMERICAN POWER
CONVERSION (PHILS.)
B.V.; DAVID W.
PLUMER, JR.; GEORGE
KONG; AND ALICIA
HENDY, Petitioners, v.
JASON YU LIM,
Respondent.
G.R. No. 225596,

January 10, 2018 -
THE PEOPLE OF THE
Appellee, v.
ALEXANDER ALVARO Y
DE LEON AND
ROSALIE GERONIMO Y
MADERA, Accused-
Appellants.
G.R. No. 210610,

January 11, 2018 -
PEOPLE OF THE
Appellee, v. MARILOU
HILARIO Y DIANA AND
LALAINE GUADAYO Y
ROYO, ACCUSED.
MARILOU HILARIO Y
DIANA, Accused-
Appellant.
G.R. Nos. 206841-

42, January 19, 2018
- ARMANDO GO,
Petitioner, v. EAST
OCEANIC LEASING
AND FINANCE
CORPORATION,
Respondent.
G.R. No. 208835,

January 19, 2018 -
PEOPLE OF THE
Appellee, v. NOEL
BEJIM Y ROMERO,
Accused-Appellant.
A.M. No. P-17-3639

(Formerly OCA I.P.I.
No. 14-4314-P),
January 23, 2018 -
MA. CECILIA FERMINA
T. ROXAS,
Complainant, v. ALLEN
FRANCISCO S. SICAT,
SHERIFF III, OFFICE
OF THE CLERK OF
COURT, MUNICIPAL
TRIAL COURT IN
CITIES, ANGELES
CITY, PAMPANGA,
Respondent.
G.R. No. 219683,

January 23, 2018 -
HON. JONATHAN A.
DELA CRUZ AND HON.
GUSTAVO S.
TAMBUNTING, AS
MEMBERS OF THE
HOUSE OF
REPRESENTATIVES
AND AS TAXPAYERS,
Petitioners, v. HON.
PAQUITO N. OCHOA
JR., IN HIS CAPACITY
AS THE EXECUTIVE
SECRETARY; HON.
JOSEPH EMILIO A.
ABAYA, IN HIS
CAPACITY AS THE
SECRETARY OF THE
DEPARTMENT OF
TRANSPORTATION
AND
COMMUNICATIONS;
HON. FLORENCIO B.
ABAD, IN HIS
CAPACITY AS THE
SECRETARY OF THE
DEPARTMENT OF
BUDGET AND
MANAGEMENT; AND
HON. ROSALIA V. DE
LEON, IN HER
CAPACITY AS THE
NATIONAL
TREASURER,
Respondents.
G.R. No. 225690,

January 17, 2018 -
PEOPLE OF THE
Appellee, v. GERALD
ARVIN ELINTO
RAMIREZ AND
BELINDA GALIENBA
LACHICA, Accused-
Appellants.
G.R. No. 204039,

January 10, 2018 -
UNITED COCONUT
PLANTERS BANK,
Petitioner, v.
SPOUSES WALTER UY
AND LILY UY,
Respondents.
G.R. No. 195887,

January 10, 2018 -
BEN LINE AGENCIES
PHILIPPINES, INC.,
REP. BY RICARDO J.
JAMANDRE, Petitioner,
v. CHARLES M.C.
MADSON AND
ALFREDO P.
AMORADO,
Respondents.
G.R. No. 212994,

January 31, 2018 -
PEOPLE OF THE
Appellee, v. JOSHUA
QUE Y UTUANIS,
Accused-Appellant.
G.R. No. 230144,

January 22, 2018 -
THE MANILA BANKING
CORPORATION,
Petitioner, v. BASES
CONVERSION AND
DEVELOPMENT
AUTHORITY,
Respondent.
G.R. No. 216017,

January 19, 2018 -
PEOPLE OF THE
Appellee, v. NIÑO
FLOR Y MORA,
Accused-Appellant.
G.R. No. 188243,

January 24, 2018 -
LAND BANK OF THE
PHILIPPINES,
Petitioner, v. RAUL T.
MANZANO, JOSE R.
JUGO, RAMON H.
MANZANO, AND
HEIRS OF PILAR T.
MANZANO, NAMELY:
RICARDO T.
MANZANO, JR.,
RENATO T. MANZANO,
JR., RAMON T.
MANZANO, JR., RAUL
T. MANZANO, RAFAEL
T. MANZANO,
ROBERTO T.
MANZANO, AND
REGINA T. MANZANO,
Respondents.
G.R. No. 231792,

January 29, 2018 -
PEOPLE OF THE
Appellee, v. ALVIN
JUGO Y VILLANUEVA,
Accused-Appellant.
G.R. No. 197920,

January 22, 2018 -
DEMOSTHENES R.
ARBILON, Petitioner,
v. SOFRONIO
MANLANGIT,
Respondent.
A.M. No. P-18-3796

(Formerly OCA IPI
No.16-4545-P),
January 22, 2018 -
ATTY. MA. JASMINE P.
LOOD, MARY JANE G.
CORPUZ, AND MA.
HAZEL P. SEBIAL,
Complainants, v. RUEL
V. DELICANA, LEGAL
RESEARCHER,
BRANCH 3,
MUNICIPAL TRIAL
COURT IN CITIES
[MTCC], GENERAL
SANTOS CITY, SOUTH
COTABATO,
Respondent.
G.R. No. 208775,

January 22, 2018 -
JORGE DABON, a.k.a.
GEORGE DEBONE @
GEORGE, Petitioner, v.
THE PEOPLE OF THE
PHILIPPINES,
Respondent.
G.R. No. 208638,

January 24, 2018 -
SPOUSES FRANCISCO
ONG AND BETTY LIM
ONG, AND SPOUSES
JOSEPH ONG CHUAN
AND ESPERANZA ONG
CHUAN, Petitioners, v.
BPI FAMILY SAVINGS
BANK, INC.,
Respondent.
G.R. No. 191460,

January 31, 2018 -
PERFECTO M.
PASCUA, Petitioner, v.
BANK WISE, INC. AND
PHILIPPINE VETERANS
BANK, Respondent.;
G.R. No. 191464,
January 31, 2018 -
BANKWISE, INC.,
Petitioner, v.
PERFECTO M. PASCUA
AND PHILIPPINE
VETERANS BANK,
Respondents.
G.R. No. 226400,

January 24, 2018 -
PEOPLE OF THE
Appellee, v. JOSELITO
BRINGCULA Y
FERNANDEZ, Accused-
Appellant.
A.C. No. 10684,

January 24, 2018 -
ILUMINADA D.
YUZON, Complainant,
v. ATTY. ARNULFO M.
AGLERON,
Respondent.
G.R. No. 227577,

January 24, 2018 -
ANGEL FUELLAS
DIZON, Petitioner, v.
PEOPLE OF THE
PHILLIPINES,
Respondent.
G.R. No. 229512,

January 31, 2018 -
PEOPLE OF THE
Appellee, v. RONALDO
PAZ Y DIONISIO @
"JEFF", Accused-
Appellant.
G.R. No. 195472,

January 08, 2018 -
SAMSON LIM BIO
HIAN, Petitioner, v.
JOAQUIN LIM ENG
TIAN, Respondent.;
G.R. No. 195568,
January 08, 2018 -
JOHNSON LIM BIO
TIONG, Petitioner, v.
JOAQUIN LIM ENG
TIAN, Respondent.
G.R. No. 200401,

January 17, 2018 -
METRO RAIL TRANSIT
DEVELOPMENT
CORPORATION,
Petitioner, v. GAMMON
PHILIPPINES, INC.,
Respondent.
A.M. No. MTJ-18-

1908 (Formerly OCA
IPI No. 14-2674-MTJ),
January 16, 2018 -
BERNARDITA F.
ANTIPORDA,
Complainant, v.
FRANCISCO A. ANTE,
JR., PRESIDING
JUDGE, MUNICIPAL
TRIAL COURT IN
CITIES, VIGAN, CITY,
ILOCOS SUR,
Respondent.
G.R. No. 207613,

January 31, 2018 -
REYMAN G. MINSOLA,
Petitioner, v. NEW
CITY BUILDERS, INC.
AND ENGR. ERNEL
FAJARDO,
Respondents.
G.R. No. 222317,

January 24, 2018 -
ST. PAUL COLLEGE,
PASIG, AND SISTER
TERESITA BARICAUA,
SPC, Petitioners, v.
ANNA LIZA L. MANCOL
AND JENNIFER CECILE
S. VALERA,
Respondents.
G.R. No. 213465,

January 08, 2018 -
CAREER PHILIPPINES
SHIPMANAGEMENT,
INC.; COLUMBIA
SHIPMANAGEMENT
LTD. LIBERIA;
AND/OR SAMPAGUITA
D. MARAVE,
Petitioners, v.
DONARD P.
SILVESTRE,
Respondent.
G.R. No. 228799,

January 10, 2018 -
MACTAN ROCK
INDUSTRIES, INC.
AND ANTONIO
TOMPAR, Petitioners,
v. BENFREI S.
GERMO, Respondent.
G.R. No. 224673,

January 22, 2018 -
CECILIA RIVAC,
Petitioner, v. PEOPLE
OF THE PHILIPPINES,
Respondent.
G.R. No. 226103,

January 24, 2018 -
GENERATO M.
HERNANDEZ,
Petitioner, v.
MAGSAYSAY
MARITIME
CORPORATION,
SAFFRON MARITIME
LIMITED AND/OR
MARLON R. ROÑO,
Respondents.
GR. No. 199081,

January 24, 2018 -
ASIGA MINING
CORPORATION,
Petitioner, v. MANILA
MINING
CORPORATION AND
BASIANA MINING
EXPLORATION
CORPORATION,
Respondents.
G.R. No. 203160,

January 24, 2018 -
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v.
COVANTA ENERGY
PHILIPPINE
HOLDINGS, INC.,
Respondent.
G.R. No. 218984,

January 24, 2018 -
ARMANDO M.
TOLENTINO
(DECEASED), HEREIN
REPRESENTED BY HIS
SURVIVING SPOUSE
MERLA F. TOLENTINO
AND CHILDREN
NAMELY: MARIENELA,
ALYSSA, ALEXA, AND
AZALEA, ALL
SURNAMED
TOLENTINO,
Petitioners, v.
PHILIPPINE AIRLINES,
INC., Respondent.
G.R. No. 217135,

January 31, 2018 -
MANILA
SHIPMANAGEMENT &
MANNING, INC.,
AND/OR HELLESPONT
HAMMONIA GMBH &
CO. KG AND/OR
AZUCENA C. DETERA,
Petitioners, v. RAMON
T. ANINANG,
Respondent.
G.R. No. 210504,

January 24, 2018 -
HEIRS OF ALFONSO
YUSINGCO,
REPRESENTED BY
THEIR ATTORNEY-IN-
FACT, TEODORO K.
YUSINGCO,
Petitioners, v.
AMELITA BUSILAK,
COSCA NAVARRO,
FLAVIA CURAYAG AND
LIXBERTO1 CASTRO,
Respondents.
G.R. No. 229404,

January 24, 2018 -
MARILYN B.
ASENTISTA,
Petitioner, v. JUPP &
COMPANY, INC.,
AND/OR MR. JOSEPH
V. ASCUTIA,
Respondents.
G.R. No. 233922,

January 24, 2018 -
MA. VICTORIA M.
GALANG, Petitioner, v.
PEAKHOLD FINANCE
CORPORATION AND
THE REGISTER OF
DEEDS OF CALOOCAN
CITY, Respondents.
A.M. No. 17-11-

272-RTC, January 31,
2018 - RE: DROPPING
FROM THE ROLLS OF
LEMUEL H. VENDIOLA,
SHERIFF IV, OFFICE
OF THE CLERK OF
COURT (OCC),
REGIONAL TRIAL
COURT OF BIÑAN
CITY, LAGUNA (RTC).
A.C. No. 9129,

January 31, 2018 -
MARIA EVA DE MESA,
OLIVER O. OLAYBAL,
Respondent.
A.C. No. 9067,

January 31, 2018 -
MARJORIE A.
APOLINAR-PETILO,
ARISTEDES A.
MARAMOT,
Respondent.
G.R. No. 229671,

January 31, 2018 -
PEOPLE OF THE
Appellee, v.
JOVENCITO MIRANDA
Y TIGAS, Accused-
Appellant.
G.R. No. 207252,

January 24, 2018 -
PHILIPPINE
GEOTHERMAL, INC.
EMPLOYEES UNION
(PGIEU), Petitioner, v.
CHEVRON
GEOTHERMAL PHILS.
HOLDINGS, INC.,
Respondent.
G.R. No. 225929,

January 24, 2018 -
JOSE V. GAMBITO,
Petitioner, v. ADRIAN
OSCAR Z. BACENA,
Respondent.
G.R. No. 222159,

January 31, 2018 -
PAZ E. REBADULLA,
PERRAIN E.
REBADULLA, JOCELYN
E. REBADULLA,
CLEVIS E.
REBADULLA, HAZEL R.
RIGUERA, ARIEL E.
REBADULLA,GIOVANNI
CLYDE E. REBADULLA,
ROEL E. STA. MARIA,
KLEINER KYLE R. STA.
MARIA, AND
KERSCHEL R. STA.
MARIA, Petitioners, v.
REPUBLIC OF THE
PHILIPPINES, THE
SECRETARY OF
PUBLIC WORKS &
HIGHWAYS, AND
ENGR. TOMAS L.
BUEN, PROJECT
MANAGER, DPWH-
PMO-SWIM PROJECT,
Respondents.; G.R.
No. 222171, January
31, 2018 - REPUBLIC
OF THE PHILIPPINES,
THE SECRETARY OF
PUBLIC WORKS AND
HIGHWAYS, AND
ENGR. TOMAS L.
BUEN, PROJECT
MANAGER, DPWH-
PMO-SWIM PROJECT,
Petitioners, v. PAZ E.
REBADULLA, PERRAIN
E. REBADULLA,
JOCELYN E.
REBADULLA, CLEVIS
E. REBADULLA, PAZ R.
STA. MARIA,
REPRESENTED BY HER
COMPULSORY HEIRS
HAZEL R. RIGUERA,
ARIEL E. REBADULLA,
GIOVANNI CLYDE E.
REBADULLA, ROEL E.
STA. MARIA, KLEINER
KYLE R. STA. MARIA,
AND KERSCHEL R.
STA. MARIA,
Respondents.
G.R. No. 213945,

January 24, 2018 -
LUCILA YARED AND

HEIRS OF THE LATE
ERNESTO YARED, SR.,
Petitioners, v. LAND
BANK OF THE
PHILIPPINES,
Respondent.
G.R. No. 220103,

January 31, 2018 -
SAN MIGUEL FOODS,
INC., Petitioner, v.
HANNIVAL V. RIVERA,
JOVICELL B. FUJA,
ENCENARIO B.
CORONADO, JR.,
LEYLANIE O. GULANE,
JOSE PEDRO, REY
RELLOROSA, CHERRY
MAY BRAGA, ROGELIO
ALSONADO, JOHN DE
VERA, ALBERTO
DAGANIO, RHENE
PURA, EFREN
ESCOBIDO,
ALEXANDER D.
BUENAOBRA, SUSIE
VERIDIANO, ROBERTO
E. GERMAN, JR.,
HERMAN B.
ESPANUEVA, JR.,
MARIONITO D.
JUMAO-AS, ANTHONY
ANTONIO, JESSIE
GLENN DELA CRUZ,
SOFRONIO
SIMPORIOS, JR.,
RICHARD FLAUTA,
ENRIQUE BUNA, JOJIT
ORILLOSA, JONATHAN
PENA, JENNIFER B.
CASTILLO, EDGARDO
BARBACENA, JOSE
WARLITO INTING,
MICHAEL FLORES,
LEONCIO M. ISON,
ALEXANDER C.
ARELLANO,
CARMELITO F.
FUNTANBA, ALMARO
M. ROSEL, NORBERTO
PONCE B. PULIDO,
JR., ARIAMHER
OGANA, DOMINADOR
B. SALAZAR,
ANGELITO C.
TABUCOL, RENATO C.
ILLUSTRISIMO,
ROGELIO M. DE LEON,
FELIPE P. GUILLANO,
AND SHIRLY M.
TOLENTINO,
Respondents.
A.M. No. RTJ-16-

2470 (Formerly OCA
IPI No. 12-3987-RTJ),
January 10, 2018 -
PROSECUTOR LEO T.
CAHANAP,
Complainant, v.
JUDGE LEONOR S.
QUIÑONES,
REGIONAL TRIAL
COURT, BRANCH 6,
ILIGAN CITY, LANAO
DEL NORTE,
Respondent.
G.R. No. 208197,

January 10, 2018 -
ARACELI MAYUGA,
SUBSTITUTED BY
MARILYN MAYUGA
SANTILLAN FOR AND
ON BEHALF OF ALL
THE HEIRS, Petitioner,
v. ANTONIO ATIENZA,
REPRESENTING THE
HEIRS OF ARMANDO*
ATIENZA; BENJAMIN
ATIENZA, JR.,
REPRESENTING THE
HEIRS OF BENJAMIN
A. ATIENZA, SR.,
Respondents.
G.R. No. 227395,

January 10, 2018 -
PEOPLE OF THE
Appellee, v. OSCAR
GIMPAYA AND ROEL
GIMPAYA, ACCUSED,
OSCAR GIMPAYA,
Accused-Appellant.
G.R. No. 229102,

January 29, 2018 -
PEOPLE OF THE
Appellee, v. PHILIP
MAMANGON Y
ESPIRITU, Accused-
Appellant.
G.R. No. 210961,

January 24, 2018 -
LEO V. MAGO AND
LEILANIE E.
COLOBONG,
Petitioners, v. SUN
POWER
MANUFACTURING
LIMITED, Respondent.
G.R. No. 221862,

January 23, 2018 -
GEN. EMMANUEL
BAUTISTA, IN HIS
CAPACITY AS THE
CHIEF OF STAFF OF
THE ARMED FORCES
OF THE PHILIPPINES
(AFP), GEN. EDUARDO
AÑO, IN HIS
CAPACITY AS
COMMANDING
OFFICER OF THE
INTELLIGENCE
SERVICE OF THE
ARMED FORCES OF
THE PHILIPPINES
(ISAFP), GEN.
HERNANDO IRIBERRI,
IN HIS CAPACITY AS
COMMANDING
GENERAL OF THE
PHILIPPINE ARMY,
GEN. BENITO
ANTONIO T. DE LEON,
IN HIS CAPACITY AS
COMMANDING
GENERAL OF THE 5TH
INFANTRY DIVISION,
AND PC/SUPT.
MIGUEL DE MAYO
LAUREL, IN HIS
CAPACITY AS CHIEF
OF THE ISABELA
PROVINCIAL POLICE
OFFICE, Petitioners, v.
ATTY. MARIA
CATHERINE DANNUG-
SALUCON,
Respondent.
Copyright © 1995 - 2020 REDiaz

G.R. No. 219435 January 17 2018 ALLIED BANKING CORPORATION NOW MERGED WITH PHILIPPINE NATIONAL BANK Petitioner v. REYNOLD CALUMPANG Respondent. - January 2018 Philipppine Supreme Court Decisions

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G.R. No. 219435 January 17 2018 ALLIED BANKING CORPORATION NOW MERGED WITH PHILIPPINE NATIONAL BANK Petitioner v. REYNOLD CALUMPANG Respondent. - January 2018 Philipppine Supreme Court Decisions

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January 2018 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court

G.R. No. 219435, January 17, 2018 - ALLIED BANKING

G.R. No. 219435, January 17, 2018

ALLIED BANKING CORPORATION, NOW MERGED

VELASCO JR., J.:

Petitioner, v. NEILSON to perform janitorial work and messengerial/errand

M. AYAPANA, services. His job required him to be out of the Branch at

Respondent. times to run errands such as delivering statements and

checks for clearing, mailing letters, among others.5

G.R. No. 218427,

PEOPLE OF THE exercised direct control and supervision over him

DE CHAVEZ, Accused- methods by which the same was to be accomplished.

Appellant. According to respondent, Infante gives the direct orders

ESMERALDO documents, throw[ing] garbage/waste disposal, cleaning

REPRESENTED BY him to "do messengerial/errand services such as mailing

SAMUEL GATCHALIAN, of letters, delivery of bank statements and deliver[ing]

Petitioner, v. CESAR checks for clearing."11

GAJO Y BUENAFE, to seek the replacement or relief of any personnel

G.R. No. 233395,

BALLOGUING, The Labor Arbiter held that there was an employer-

The NLRC affirmed the decision of the Labor Arbiter in its

Agreeing with the Labor Arbiter's findings, the NLRC

THE CITY OF employer-employee relationship through the payment of

ALLAN L. ZAMORA prerogative to seek for a replacement or relief of any

In the assailed Decision dated September 12, 2014, the

G.R. No. 196890, The CA ruled that RCI is a labor-only contractor. It

No. 16-10-387-RTC), Hence, this petition.

PHILIPPINES, proceed to rule on its merits.

ENRIQUE REYES, Permissible job contracting or subcontracting has been

SANTIAGO DIONISIO contracting permissible under the Code if the

Respondents. according to his own manner and method,

Petitioner, v. an employer shall be deemed to be engaged

As a general rule, a contractor is presumed to be a labor-

MEJARES Y VALENCIA, In the present case, petitioner failed to establish that

would no longer be required at the Branch.38 This overt

Y. GREGORIO, ELMER first instance, petitioner had already stressed in its

Y. GREGORIO, AND position paper that respondent was found committing

ROY JOHN Y. conduct prejudicial to the interests of the Branch when it

GREGORIO, was discovered that 1) respondent was plying his

Respondents. pedicab and ferrying passengers during his work hours

G.R. No. 209582, clients of the Branch.

January 19, 2018 -

(1) The first written notice to be served on

SALINO, Accused- general description of the charge will not

IV, MUNICIPAL TRIAL failed to give respondent ample opportunity to contest

G.R. No. 226355, grounds, is tainted with illegality.

January 24, 2018 -

REPUBLIC OF THE The award of backwages and separation pay is

G.R. No. 203298, Nominal damages may be awarded to a plaintiff whose

Based on the factual considerations of the present case,

MA. CRISTINE (SGD)

LAYON, MARY JOY

G.R. No. 215713, 31 Id. at 20-21.

A.M. No. P-17-3771

24, 2018 - JUDGE October 17, 2008, 569 SCRA 670.

39Diamond farms, Inc. v. Southern

LINDA CACHO, 2008, 555 SCRA 537.

INC., AND RENATO DE 43 Id. at 106.

46Libcap Marketing Corp., Johanna J. Celiz,

v. BENJAMIN L. No. 202996, June 18, 2014, 726 SCRA 679.