1REX CASE DIGEST: LABOR LAW AND SOCIAL LEGISLATION

REX CASE DIGEST

LABOR LAW AND SOCIAL LEGISLATION

LABOR CODE

COMPREHENSIVE AGRARIAN REFORM LAW

SOCIAL SECURITY LAW

GSIS LAW

RETIREMENT LAW

MAGNA CARTA FOR HEALTH WORKERS

REX CASE DIGEST 20062

3REX CASE DIGEST: LABOR LAW AND SOCIAL LEGISLATION

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Labor Laws; Preventive Suspension

The employer may place the worker concerned under preventive suspension if his continued employment poses a serious and imminent threat to the life or property of the employer or his co-workers. However, when it is determined that there is no suf cient basis to justify an employee’s preventive suspension, the latter is entitled to the payment of salaries during the time of preventive suspension.

RENATO S. GATBONTON, petitioner, v. NATIONAL LABOR RELATIONS COMMISSION, et al., respondents, G.R. No. 146779, January 23, 2006. First Division. Austria-Martinez, J.

Facts: Before the Court is a petition for review on certiorari of the De-cision of the Court of Appeals which af rmed the earlier disposition of the NLRC.

Renato Gatbonton, associate professor at the Faculty of Civil Engi-neering at the Mapua Institute of Technology, was placed on preventive sus-pension for thirty days. Said suspension was made pending the investigation of a complaint against Gatbonton by an engineering student for unfair/unjust grading system, sexual harassment and conduct unbecoming of an academi-cian. Gatbonton led a complaint for illegal suspension with the Labor Arbiter. Gatbonton also led a petition for certiorari with the RTC, which resulted to a compromise agreement, where the MIT agreed to publish in the school organ the rules and regulations implementing the Anti-Sexual Harassment Act (R.A.No. 7877), and to disregard the previous administrative proceedings and conduct anew an investigation. Meanwhile, the Labor Arbiter declared the il-legality of the preventive suspension. Gatbonton appealed since the Labor Ar-biter dismissed his claim for damages.

Issues: (1) Whether the preventive suspension was illegal; and (2) Whether Gatbonton is entitled to damages.

Ruling: The petition is PARTLY GRANTED. Gatbonton’s preventive sus-pension was illegal, but he is not entitled to damages.

Preventive suspension, de ned. — Preventive suspension is a disciplinary measure for the protection of the company’s property pending investigation of any alleged malfeasance or misfeasance committed by the employee. The employer may place the worker concerned under preventive suspension if his

REX CASE DIGEST 20064

continued employment poses a serious and imminent threat to the life or prop-erty of the employer or of his co-workers. However, when it is determined that there is no suf cient basis to justify an employee’s preventive suspension, the latter is entitled to the payment of salaries during the time of preventive suspension.

The Mapua Rules should be published for its effectivity. — R.A. No. 7877 imposed the duty on educational or training institutions to “promulgate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescrib-ing the procedures for the investigation of sexual harassment cases and the administrative sanctions therefor.” Petitioner’s preventive suspension was based on respondent MIT’s Rules and Regulations for the Implemention of the Anti-Sexual Harassment Act of 1995, or R.A. No. 7877. xxx. It must be noted however, that respondent published said rules and regulations only on Febru-ary 23, 1999. In Tañada v. Tuvera, it was ruled that: … all statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin fteen days after publication unless a differ-ent effectivity is xed by the legislature. Covered by this rule are presidential decrees and executive orders promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature or, at present, directly conferred by the Constitution. Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant also to a valid delegation. xxx. The Mapua Rules is one of those issuances that should be published for its effectivity, since its pur-pose is to enforce and implement R.A. No. 7877, which is a law of general application. In fact, the Mapua Rules itself explicitly required publication of the rules for its effectivity, as provided in Section 3, Rule IV (Administrative Provisions), which states that “[T]hese Rules and Regulations to implement the Anti-Sexual Harassment Act of 1995 shall take effect fteen (15) days after publication by the Committee.” Thus, at the time of the imposition of peti-tioner’s preventive suspension on January 11, 1999, the Mapua Rules were not yet legally effective, and therefore the suspension had no legal basis.

There was no basis for suspending the petitioner. — Moreover, even assum-ing that the Mapua Rules are applicable, the Court nds that there is no suf- cient basis to justify his preventive suspension. Under the Mapua Rules, an accused may be placed under preventive suspension during pendency of the hearing under any of the following circumstances: (a) if the evidence of his guilt is strong and the school head is morally convinced that the continued stay of the accused during the period of investigation constitutes a distraction to the normal operations of the institution; or (b) the accused poses a risk or danger to the life or property of the other members of the educational com-munity. In petitioner’s case, there is no indication that petitioner’s preventive suspension may be based on the foregoing circumstances. Committee Resolu-

5REX CASE DIGEST: LABOR LAW AND SOCIAL LEGISLATION

tion No. 1 (Re: Preventive Suspension of Engr. Renato Gatbonton) passed by the Committee on Decorum and Investigation states the reasons for petitioner’s preventive suspension, xxx. Said resolution does not show that evidence of petitioner’s guilt is strong and that the school head is morally convinced that petitioner’s continued stay during the period of investigation constitutes a dis-traction to the normal operations of the institution; or that petitioner poses a risk or danger to the life or property of the other members of the educational community. Even under the Labor Code, petitioner’s preventive suspension nds no valid justi cation. As provided in Section 8, Rule XXIII, Book V of the Omnibus Rules Implementing the Labor Code: Sec. 8. Preventive Suspen-sion. The employer may place the worker concerned under preventive suspen-sion if his continued employment poses a serious threat to the life or property of the employer or of his co-workers.

Petitioner is entitled to payment of wages for the period he was suspended. — As previously stated, there is nothing on record which shows that respondent MIT imposed the preventive suspension on petitioner as his continued employ-ment poses a serious threat to the life or property of the employer or of his co-workers; therefore, his preventive suspension is not justi ed. Consequently, the payment of wages during his 30-day preventive suspension, i.e., from Janu-ary 11, 1999 to February 10, 1999, is in order.

Petitioner is not entitled to damages. — With regard to petitioner’s claim for damages, the Court nds the same to be without basis. While petitioner’s preventive suspension may have been unjusti ed, this does not automatically mean that he is entitled to moral or other damages. In Cocoland Development Corp. v. NLRC, the Court ruled: In Primero v. Intermediate Appellate Court, th[e] Court held that “… an award (of moral damages) cannot be justi ed sole-ly upon the premise (otherwise suf cient for redress under the Labor Code) that the employer red his employee without just cause or due process. Ad-ditional facts must be pleaded and proven to warrant the grant of moral dam-ages under the Civil Code, these being, to repeat, that the act of dismissal was attended by bad faith or fraud, or was oppressive to labor, or done in a manner contrary to morals, good customs, or public policy; and of course, that social humiliation, wounded feelings, grave anxiety, etc., resulted therefrom.” This was reiterated in Garcia v. NLRC, where the Court added that exemplary dam-ages may be awarded only if the dismissal was shown to have been effected in a wanton, oppressive or malevolent manner. xxx. The records of this case are bereft of any evidence showing that respondent MIT acted in bad faith or in a wanton or fraudulent manner in preventively suspending petitioner, thus, the Labor Arbiter was correct in not awarding any damages in favor of petitioner.

-o0o-

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PUBLISHER’S NOTE

In 1994, we took on the challenge to make more accessible the latest rulings of the Supreme Court when we introduced the Supreme Court Advance Decisions (SCAD). Bearing in mind this commitment and the desire to meet the needs of law practitioners, law students, bar reviewees and legal researchers, we now off er an improved and inexpensive alternative to legal research — the REX CASE DIGEST.

The REX CASE DIGEST features case briefs of the yearly Supreme Court Decisions. Designed as a one-stop reference, the REX CASE DIGEST is packaged with a CD which contains the complete text of the decisions, thus saving more time, eff ort and resources in studying and researching case laws, as well as drafting court pleadings. This publication is a fi tting example of our continuing commitment to provide you with a product that is apt to your needs and resources, as opposed to the conventional reference that is both time-consuming and expensive.

Our goal of better serving you does not end with this publication. Rest assured that we at REX BOOK STORE, INC., shall continue to fi nd and introduce ways to develop more products, and to improve on those we already have, that will suit your needs and give you your money’s worth.

ATTY. DOMINADOR D. BUHAINPresident, REX Book Store, Inc.

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PREFACETo continue providing quality legal resources in the country,

we present the second installment of the Rex Case Digest Series.

The Rex Case Digest 2006 contains some one thousand four hundred fi fty-four (1,454) cases promulgated by the Supreme Court. These decided cases were digested and thoroughly classifi ed into the eight bar subjects according to their topics and the issues presented.

This volume consists of cases in the areas of Labor Law and Social Legislation, Legal Ethics, and Mercantile Law. Included in this volume is the landmark case of Star Paper Corporation, et al., v. Simbol, et al., G.R. No. 164774, April 12, 2006, where the Court ruled that the no-spouse employment policy is not a valid exercise of management prerogative in the absence of a bona fi de occupational qualifi cation. The Court further ruled that to justify a bona fi de occupational qualifi cation, the employer must prove that the employment qualifi cation is reasonably related to the essential operation of the job involved and that there is a factual basis for believing that all or substantially all persons meeting the qualifi cation would be unable to properly perform the duties of the job. Also included in this volume is the case of Soriano v. Dizon, A.C. No. 6792, January 25, 2006, where the court reiterated the ruling in IRRI v. NLRC that the crime of homicide may or may not involve moral turpitude, depending on the degree of the crime. However, unlike in the IRRI case, the Court in this case found that the circumstances clearly showed the moral turpitude of the respondent and his unworthiness to practice law. Lastly, in the case of Shangri-la, et al., v. DGCI, G.R. No. 159931, March 31, 2006, the Court held that appropriation of a trademark in bad faith does not necessarily ripen into ownership, despite the fi rst-to-fi le rule.

Other interesting cases may be found in this volume. We hope that this will serve as a useful and handy reference for your legal studies and research.

On behalf of the RBSI Legal Editorial Staff Maria Theresa P. Cabayan

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TABLE OF CASES

LABOR LAW

DATE/ CASE NO. TITLE TOPIC/ISSUE PAGE

January 23, 2006 146779 Renato Gatbonton v. NLRC Preventive 3 Suspension 164876 Land Bank of the Philippines v. CARP; Just 6 Leonila Celada Compensation 168964 Bangko Sentral ng Pilipinas v. COA Retirement 9 Benefi tsJanuary 24, 2006 155146 Dr. Perla Postigo v. Philippine Retirement; Phil. 12 Tubercolosis Society, Inc. Tuberculosis SocietyJanuary 25, 2006 153750 Oriental Ship Management Co., Seafarers; 16 Inc. v. Hon. Court of Appeals Quitclaims; Illegal Dismissal 161757 Sunace International Management Liability of 19 Services, Inc. v. NLRC Recruitment Agency; Extension of Contract 164518 Industrial Timber Corporation v. Closure of Business 21 Virgilio Ababon OperationsJanuary 27, 2006 A.C. No. Dandy Quijano v. Geobel Bartolabac Decisions 24 5649 166616 First Dominion Resources Willful 26 Corporation v. Mercurio Peñaranda Disobedience; Management Prerogative; Twin- Notice Requirement 147719 Ha Yuan Restaurant v. NLRC Separation Pay; 28 Misconduct; Social JusticeJanuary 30, 2006 157133 Business Services of the Future Notice of Closure 30 Today, Inc. v. Court of AppealsJanuary 31, 2006 162401 Corazon Almirez v. Infi nite Loop Employer-Employee 32 Technology Corporation Relationship; Control Test; Salaries

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142358 Grand Placement and General Services Night Shift 34 Corporation v. Court of Appeals Differential 155359 Sps. Ponciano and Clemencia Aya-ay v. Death Benefi ts 35 ARPAPHIL Shipping Corp. 157028 Metropolitan Bank and Trust Company Illegal Dismissal; 37 v. Luis Barrientos Grave Misconduct; Factual Findings 139159 Philippine Military Veterans Security Illegal Dismissal; 39 and Investigation Agency v. Court Loss of Trust and of Appeals Confi dence; Separation Pay; Backwages February 6, 2006 130260 Hilaria Ramos Vda. de Brigino v. Implied Tenancy 41 Dominador Ramos 153860 Valeriano Cano v. Sps. Vicente and Susan Agricultural 43 Jumawan Tenancy 160871 Triad Security & Allied Services, Inc. v. Appeals; 44 Silvestre Ortega, Jr. Reinstatement; BackwagesFebruary 9, 2006 140102 Union Industries, Inc. v. Gaspar Vales Appeals; Doctrine 47 of Factual Findings 157696-97 Maricalum Mining Corporation v. Hon. Backwages; 48 Arturo Brion Quitclaims; Labor UnionsFebruary 20, 2006 168052 Poseidon Fishing v. NLRC Regular Employees 51 146653 Westmont Pharmaceuticals, Inc. Jurisdiction; 54 v. Ricardo Samaniego Constructive DismissalsFebruary 22, 2006 168719 Philippine Carpet Employee’s Retrenchment 56 Association v. Hon. Patricia Sto. TomasFebruary 27, 2006 157307 Agustin Rivera v. Nemesio David DARAB 60 Jurisdiction; Tenancy 165546 Social Security System v. Rosanna Aguas Death Benefi ts; 61 Dependents; Dependent SpouseFebruary 28, 2006 149138 TPI Philippines Cement Corporation v. Retrenchment; 64 Benedicto Cajucom, VII Backwages 159654 Nicanor Santos Development CARP; Exemption 66 Corporation v. Hon. Secretary, DAR 154286 Magdalena Coruña v. Saturnino Cinamin P.D. No. 27; 68 Emancipation Patent

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

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March 30, 2006 164518 Industrial Timber Corporation v. Nominal Damages 109 Virgilio Ababon March 31, 2006 153817 Nolito Solmayor v. Antonio Arroyo P.D. No. 27; 111 Agricultural Tenancy 166647 Pag-asa Steel Works, Inc. v. Court CBA; Wage Order 113 of Appeals 152616 Philemploy Services and Resources, Probationary 116 Inc. v. Anita Rodriguez Employment; Notice 155741 Bartolome Pelayo v. Arema Shipping Disability Benefi ts 118 and Trading Co., Inc.April 7, 2006 159354 Eastern Shipping Lines, Inc. v. Optional 120 Dioscoro Sedan Retirement; Financial AssistanceApril 10, 2006 141168 Abesco Construction and Development Project Employees; 122 Corporation v. Alberto Ramirez Regular Employees 165910 Hanjin Engineering and Construction Certiorari; Project 124 Co., Ltd. v. Court of Appeals Employees 168821 Government Service Insurance Employees 128 System v. Jaime Valenciano Compensation; Disability CompensationApril 12, 2006 158268 Rhoda Castor-Garupa v. Employees’ Compensation 130 Compensation Commission Benefi ts; Increased Risk Theory 158637 Maricalum Mining Corp. v. Antonio Constructive 133 Decorion Dismissal; Preventive Suspension 159887 Bernardo Remigio v. NLRC Seafarer; POEA 135 Contract; Disability Benefi ts 164774 Star Paper Corporation v. Ronaldo Simbol Management 140 Prerogative; Bona Fide Occupational Qualifi cation 165934 United Philippine Lines, Inc. v. Seafarer; 145 Francisco Beseril Permanent Total DisabilityApril 19, 2006 165727 Tower Industrial Sales v. Hon. Dismissal 147 Court of Appeals 165881 Oscar Villamaria, Jr. v. Court of Appeals Employer-Employee 150 Relationship; Boundary-Hulog System

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163269 Rolando Rivera v. Solid Bank Retirement; 152 Corporation Employment Ban; Reasonableness 158883 Philippine Transmarine Carriers, Seafarer; POEA 156 Inc. v. John Melchor Laurente Standard Employment Contract; Disability Benefi ts 167639 Republic of the Philippines v. Principalia POEA; Suspension 158 Management and Personnel of Documentation Consultants, Inc. Processing 167959 Filipinas Systems, Inc. v. Ernesto Retrenchment; 160 Gatlabayan Serious Business Losses 159828 Kasapian ng Malayang Manggagawa CBA; Regular 162 sa Coca-Cola CFW Local v. The Hon. Employees; Closure Court of Appeals of Business; NoticeApril 25, 2006 160614 Leonardo Dalwampo v. Quinocol Agricultural 165 Farmers TenancyApril 26, 2006 139762 Radio Communications of the Employer- 167 Philippines, Inc. v. Court of Appeals Employee RelationshipMay 3, 2006 159089 Islanders Carp-Farmers Benefi ciaries CARP; Joint 169 Multi-Purpose Cooperative, Inc. v. Production Lapanday Agricultural and Development Agreement Corporation 159577 Charlito Peñaranda v. Baganga Managerial 172 Plywood Corp. Employee; Managerial StaffMay 4, 2006 151021 Cainta Catholic School v. Cainta CBA; Union 174 Catholic School Employees Union Membership 165664 Ligaya Machica v. Roosevelt Services Illegal Dismissal; 177 Center, Inc. Burden of ProofMay 5, 2006 140319 Rodolfo Hermoso v. C.L. Realty Farmer- 179 Corporation benefi ciaries; DARAB; Jurisdiction 149621 Heirs of Francisco Tantoco v. Court CARP; Just 183 of Appeals Compensation 149985 PLDT Company, Inc. v. Rosalina Arceo Regular 188 Employment 159832 Mercedita Acuña v. Court of Appeals Illegal Dismissal; 190 Constructive Dismissal; Quitclaims

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161654 Dusit Hotel Nikko v. Renato Gatbonton Termination; 193 Probationary PeriodMay 31, 2006 165486 CEU Faculty and Allied Workers Salary Increase; 195 Union-Independent v. Court of Appeals CBA; R.A. No. 6728; Appeal from Decision of Voluntary ArbitratorJune 8, 2006 143542 Sime Darby Pilipinas, Inc. v. Alfredo Dismissal; 198 Arquilla Quitclaim 141637 Romy’s Freight Service v. Jesus Castro Dismissal; 200 Abandonment 164772 Equitable Banking Corp. v. Ricardo Sadac Dismissal; 202 BackwagesJune 15, 2006 152459 Emelita Leonardo v. Court of Appeals Employer- 205 Employee Relationship 152640 DAR v. Phil. Communications CARP; Coverage 207 Satellite Corp. 167118 Manila Memorial Park Cemetry, Inc. Dismissal; Willful 209 v. Delia Panado Breach of Trust and Confi dence; Gross Habitual Neglect of DutiesJune 16, 2006 168990 Teresita Barranco v. Commission COSLAP; 212 on Settlement of Land Problems Jurisdiction 169299 Eastern Telecommunications Phils., Loss of 214 Inc. v. Maria Charina Diamse Confi dence; Willful Breach of Trust 148130 Petroleum Shipping Ltd. v. NLRC Contractual 218 Employees; SeafarersJune 20, 2006 157491 Sps. Proceso Amurao v. Sps. Jacinto Tenancy 220 Villalobos June 21, 2006 158190-91 Nissan Motors Phil., Inc. v. Bargaining 222 Secretary of Labor Deadlock; Assumption OrderJune 22, 2006 155395 In Re: Petition for Cancellation Cancellation of 225 of the Union Registration of Air Union Registration Philippines Flight Attendants Association v. Bureau of Labor Relations

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June 26, 2006 161694 Pepito Velasco v. NLRC Reinstatement; 226 Separation Pay 166039 Digitel Telecommunications Phil., Inc. Resignation; 229 v. Mariquit Soriano Sexual Harassment 169973 Placewell International Services Corp. Overseas Migrant 230 v. Ireneo Camote Workers’ Act; WagesJune 27, 2006 143362 Cynthia Omalde v. Sps. Wilfredo Casuno Emancipation 233 Patent; Ownership 167813 Benjamin Sarocam v. Inter Orient Release and 234 Maritime Enterprise, Inc. Quitclaim 147790 Genuino Ice Co., Inc. v. Alfonso Just Cause; Neglect 236 Magpantay of Duty; Willful Disobedience or InsubordinationJune 30, 2006 140796 Purifi cation Perez-Rosario v. DARAB; 239 Hon. Court of Appeals Agricultural Lease 158075 Philippine Diamond Hotel & Resort, Illegal Strike 241 Inc. v. Manila Diamond Hotel 159674 Samuel Estribillo v. DAR Emancipation 243 Patent; Indefeasibility 165073 Heirs of Juan Griño, Sr. v. DAR CARL; Right of 245 Retention; LachesJuly 14, 2006 150454 GSP Manufacturing Corp. v. Paulina Illegal Dismissal; 247 Cabanban Abandonment 169136 Asiatic Development Corp. v. SSS; Contributions; 248 Wellington & Flordeliza Brogada Paulina Employer-Employee Relationship 167945 Commander Realty, Inc. v. Freddie Employer- 249 Fernandez Employee RelationshipJuly 17, 2006 157619 C.F. Sharp & Co., Inc. v. Renato Zialcita Just Dismissal; 250 Loss of Confi dence 144315 Philcom Employees Union v. Philippine ULP; Strike; 253 Global Communications Assumption of Jurisdiction by the Labor Secretary; Return-to-work Order 150437 Sukothai Cuisine & Restaurant v. Illegal Strike; 256 Court of Appeals Liability of StrikersJuly 20, 2006 143598 Epitacio Sialana v. Mary Avila Tenancy 258

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152843 Intercontinental Broadcasting Corp. Appeal Bond; 260 v. Reynaldo Benedicto Backwages 166594 Ciudad Fernandina Food Corporation Appeal; Perfection; 263 Employees Union-Associated Labor Appeal Bond Unions v. Hon. Court of AppealsJuly 21, 2006 149256 Adelaida Aquino v. Social Security SSS; 265 System Compensation 149114 Sps. Tan Sing Pan v. Republic of the Cadastral 267 Philippines Proceedings; Jurisdiction; Publication Requirement 147993 Enriquez Security Services, Inc. v. Retirement Pay 269 Victor Cabotaje Law; Retroactive ApplicationJuly 25, 2006 142937 Philippine Amusement and Gaming Illegal Dismissal; 271 Corporation v. Beatriz La Victoria Reinstatement; BackwagesJuly 27, 2006 148157 Sps. Lubina Caliwag-Carmona v. Hon. Landholding; 274 Court of Appeals Certifi cate of Land Transfer 149669 L.C. Ordoñez Construction v. Imelda Termination; 276 Nicdao Abandonment 150819 Mario Suan v. Court of Appeals NLRC Rules of 278 ProcedureJuly 31, 2006 147593 Geronimo Quadra v. Court of Appeals Illegal Dismissal; 280 Moral Damages 159333 Arsenio Mendiola v. Court of Appeals Employer- 282 Employee Relationship 164376 NLRC v. Ma. Bernadette Salgarino Dismissal; 286 Authorized Cause; Serious Misconduct 166556 GSIS v. Luz Baul ECC; GSIS 290August 7, 2006 148247 Air Philippines Corporation v. Reinstatement 293 Enrico Zamora Pending AppealAugust 9, 2006 145848 Nagkahiusang Namumuo sa Management 295 DASUCECO-National v. Davao Sugar Prerogative Central Co., Inc. 153824 Bernabe Falco v. Mercury Freight Pilferage 296 International 160769 City Trucking Inc. v. Antonio Balajadia Abandonment 298

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August 10, 2006 146964 Rosa Rodolfo v. People of the Philippines Illegal 301 Recruitment 149074 Asian Terminals, Inc. v. Danilo Marbella Termination; Just 303 CauseAugust 15, 2006 166363 Skippers United Pacifi c, Inc. v. Seafarers; 305 Jerry Maguad Dismissal; Assumption of ResponsibilityAugust 22, 2006 154386 GSIS v. Ernesto Villamayor Death Benefi ts; 310 Entitlement 158930-31 Union of Filipro Employees-Drug CBA Issue; 313 v. Nestle Philippines, Inc. Retirement PlanAugust 29, 2006 162240 RCBC v. Leonardo Bithao Waiver and 316 Quitclaims 150429 Roberto Famanila v. The Court Money Claims; 319 of Appeals Waiver and Quitclaims; Prescription 155150 Emelita Ramirez v. NLRC Dismissal; 321 Serious Misconduct; Willful DisobedienceAugust 30, 2006 149285 Godofredo Morales v. Skills Overseas 322 International Co. Employment; Recruitment Agents; Solidary Liability 164561 Cathay Pacifi c Steel Corporation Unfair Labor 324 v. Hon. Court of Appeals PracticeAugust 31, 2006 149013 House of Sara Lee v. Cynthia Rey Dismissal; Loss 326 of Trust and Confi dence 160913 Eurotech Hair Systems, Inc. v. Dismissal; 330 Antonio Go Compromise Agreements 169464 Roque Dator v. University of Sto. Tomas Constructive 332 Dismissal 170087 Angelina Francisco v. NLRC Employer- 334 Employee RelationshipSeptember 5, 2006 154463 Cebu Metal Corporation v. Gregorio Appeal to NLRC 337 Rober Saliling

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166421 Philippine Journalists, Inc. v. NLRC Compromise 339 AgreementsSeptember 11, 2006 146930 Rommel Bearneza v. NLRC NLRC; Final and 342 Executory DecisionsSeptember 12, 2006 148931 Cathay Pacifi c Airways, Ltd. v. Probationary 343 Philip Luis Marin Employee; Due Process 168931 Paulino Aliten v. U-Need Lumber Abandonment; 346 & Hardware Twin-Notice RequirementSeptember 13, 2006 165465 Loida Malabago v. NLRC Dismissal; Willful 348 Disobedience; Financial Assistance 144376 Salvador Bunagan v. Sentinel Perfection 350 Watchman & Protective Agency, Inc. of AppealSeptember 19, 2006 139940 Arellano University Employees Unfair Labor 352 and Workers Union v. Court of Appeals Practice; Strike 152214 Equi-Asia Placement, Inc. v. Recruitment and 354 Department of Foreign Affairs Placement; Repatriation of OFWsSeptember 22, 2006 171703 Ace Promotion and Marketing Dismissal; 356 Corporation v. Reynaldo Ursabia Willful Disobedience; Abandonment; Procedural Due ProcessSeptember 26, 2006 164156 ABS-CBN Broadcasting Corporation Regular Employees 359 v. Marlyn NazarenoSeptember 27, 2006 132073 Remman Enterprises, Inc. v. Court CARP; Coverage 362 of Appeals 161104 NYK-Fil Ship Management Inc. v. NLRC Disability Benefi ts 365 166507 Amkor Technology Philippines Illegal Dismissal; 367 v. Nory Juangco Voluntary Resignation 167177 Estrella Bañez v. De La Salle University Preventive 368 Suspension; Dismissal; Serious Misconduct; Due Process 160863 Nelson Zagala v. Mikado Philippines Absenteeism; 371 Corp. Penalty

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October 9, 2006 148261 Nenuca Velez v. Shangri-La’s Edsa Dismissal; Loss of 373 Plaza Hotel Trust and Confi dence 169652 Asian International Manpower Termination; 376 Services, Inc. v. Court of Appeals OFWOctober 11, 2006 158620 Del Monte Philippines, Inc. v. Union Security 379 Mariano Saldivar Clause; Substantive Due Process; Jurisdiction of Voluntary Arbitrators 162342 Jaime Ballao v. Court of Appeals Dismissal; 382 Serious Misconduct; Loss of Trust and Confi denceOctober 12, 2006 156965 Froilan de Guzman v. The Court CARL; 384 of Appeals Conversion of Lands 162839 Innodata Philippines, Inc. v. Jocelyn Regular 388 Quejada-Lopez Employment; Fixed Term Contracts 168362 FEU-NRMF v. FEU-NRMF Employees Strike; Service of 390 Association-AFW Notice and ResolutionOctober 17, 2006 156761 Lady Lydia Cornista-Domingo v. NLRC Reinstatement; 392 Compromise Agreement 159862 Hermonias Liganza v. RBL Project and 396 Shipyard Corp. Regular Employees 165757 Galaxie Steel Workers Union v. NLRC Dismissal; 398 Closure of Business; Due ProcessOctober 27, 2006 154532 Petron Corporation v. NLRC Dismissal; 400 Insubordination 167892 St. John Colleges, Inc. v. St. John Dismissal; 403 Academy Faculty and Employees Union Closure of BusinessOctober 30, 2006 129165 Sps. Rodrigo Coloso v. Hon. CARL 406 Secretary Ernesto Garilao 164049 NS Transport Employees Association Administrative 409 v. NS Transport Services, Inc. Due Process 171392 Ruperto Suldao v. Cimech System Constructive 412 Construction Dismissal

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172062 Lorenzo Ma. Aguilar v. Burger Machine Constructive 413 Holdings Corporation Dismissal 172401 Carlos Azul v. Banco Filipino Savings Dismissal; 416 and Mortgage Bank Loss of Trust and Confi denceOctober 31, 2006 158190-91 Nissan Motors Philippines, Inc. v. Illegal Strike; 417 Secretary of Labor and Employment Liability of Union Offi cers and MembersNovember 2, 2006 154006 Star Paper Corporation v. Carlito Espiritu Constructive 419 Dismissal 160618 Dennis Sy v. Metropolitan Bank Dismissal; Fraud 421 & Trust Co. and Willful Breach of TrustNovember 20, 2006 157117 Coastal Subic Bay Terminal, Inc. Certifi cation 423 v. DOLE Election; Chartered Local; Supervisory Union 169295-96 Remington Industrial Sales Regular Employee; 425 Corporation v. Erlinda Castaneda Illegal DismissalNovember 22, 2006 142351 St. Martin Funeral Homes v. NLRC Labor Arbiter; 428 Determination of Facts 148490 7K Corporation v. NLRC Labor-only 430 Contracting 162308 G & M Philippines, Inc. v. Romil Interpretation in 433 Cuambot Favor of LaborNovember 24, 2006 155645 PLDT, Inc. v, Mayfl or Ylagan Regular and 436 Project Employees 166649 Robert Cabuyoc v. Inter-Orient Permanent 439 Navigation Shipmanagement, Inc. DisabilityNovember 27, 2006 158707 Community Rural Bank of San Just Cause; 442 Isidro (N.E.), Inc. v. Ysagani Paez Loss of Trust and Confi denceNovember 28, 2006 143219 Asian Terminals, Inc. v. Renato Reinstatement 445 Villanueva 150402 Eparwa Security and Janitorial Contractors and 447 Services, Inc. v. Liceo de Cagayan Principals; Solidary University LiabilityNovember 29, 2006 148500-01 Times Tranportation Co., Inc. v. NLRC Illegal Strike 449

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November 30, 2006 161115 Dole Philippines, Inc. v. Medel Esteva Labor-only 451 Contracting; Regular Employment 169193 Sps. Iluminada and Cirilo Capitle CARP; Farmer 460 v. Fortunata Elbambuena Benefi ciaries 166833 Felixberto Cubero v. Laguna West DAR; Jurisdiction 461 Multi-Purpose Cooperative, Inc. December 6, 2006 143527 United Field Sea Watchman and Appeal; 464 Checkers Agency v. Willie Requillo Reglementary 147566 San Miguel Corporation v. NLRC Period Regular Employee 465 153193 Pamplona Plantation Company Employer- 468 v. Ramon Acosta Employee Relationship; Illegal Dismissal 154628 Estrellita Salazar v. Philippine Dismissal; Twin- 470 Duplicators, Inc. Notice; Notice of Hearing or Conference 170132 GSIS v. Kapisanan ng mga Strike; 474 Manggagawa sa GSIS Government EmployeesDecember 14, 2006 153031 PCL Shipping Lines, Inc. v. NLRC Desertion 476December 19, 2006 155679 Bifl ex Phils., Inc. Labor Union v. Filfl ex Strike 480 Industrial and Manufacturing Corporation December 27, 2006 162447 Anabelle Muaje-Tuazon v. Wenphil Managerial 482 Corporation Employees; Grounds for Dismissal; Loss of Trust and Confi dence

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TABLE OF CASES

LEGAL ETHICS

DATE/ CASE NO. TITLE TOPIC/ISSUE PAGE

January 23, 2006 A.C. No. Valeriana Dalisay v. Atty. Melacio Attorney-Client 487 5655 Mauricio, Jr. Relationship A.C. No. Leticia Gonzales v. Atty. Marcelino Lawyers; Confl ict 489 6836 Cabucana of Interests A.M. No. Ariel Avila v. Justice Andres Reyes, Jr. Justices; Delay in 492 01-34-CA-J Resolving a Case A.M. No. Re: Anonymous Complaint Against Ms. Court Employees; 494 2004-35-SC Rowena Marinduque Falsifi cation of DTRs; Simple Negligence A.M. No. Leonora Bitoon v. Judge Lorinda Judges; Gross 496 MTJ-05- Toledo-Mupas Ignorance of Law 1598 A.M. No. Jesusa Odonel Genil v. Judge Judges; Gross 499 MTJ-06- Rogaciano Rivera Ignorance of Law 1619 A.M. No. Offi ce of the Court Administrator Judges; Delay in 501 RTJ-05- v. Judge Florentino Alumbres Rendering Decisions 1965January 24, 2006 A.M. No. Atty. Lelu Contreras v. Teresita Clerks of Court; 503 P-05-2040 Monge Duty A.M. No. Leonida Pablejan v. Teresita Calleja Conduct 505 P-06-2102 Unbecoming of a Court EmployeeJanuary 25, 2006 A.C. No. Roberto Soriano v. Atty. Manuel Dizon Lawyers; 507 6792 Disbarment; Moral Turpitude A.M. No. Atty. Jose Ricuerdo Flores v. Sheriffs; Simple 510 P-05-2038 Felix Falcotel Neglect of Duty A.M. No. Teresa Gonzales La’o and Co., Inc. Judicial Clemency 512 P-99-1337 v. Sheriff Jadi Hatab 141962 Danilo Dumo v. Erlinda Espinas Judges; Inhibition 514

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January 27, 2006 A.M. No. Re: Alleged Illegal Acquisition Court Employees; 517 05-5-05- of a Career Service Eligibility by Duty CA Ma. Aurora Santos A.M. No. Judge Luis Enriquez Reyes v. Erlinda Clerks of Court; 519 P-05-2027 Cabrera Fiduciary Collection; Gross Negligence; Serious Misconduct A.C. No. Dandy Quijano v. Geobel Bartolabac Arbiters; Canon 1; 520 5649 Rule 1.01 A.M. No. Enrique Abadesco, Jr. v. Judge Judges; 522 MTJ-06- Jaime Rafer Misconduct; 1622 Impropriety A.M. No. Offi ce of the Court Administrator Judges; Gross 524 RTJ-04- v. Judge Felix Gaudiel, Jr. Ineffi ciency 1825 A.M. No. Re: Absence Without Offi cial Court Employees; 526 05-8-226- Leave of Mr. Bernardo Conde AWOL MeTC A.M. No. Margarita Amor v. Isaias Leyva Sheriffs; Simple 527 P-02-1536 Misconduct A.M. No. Raul Sesbreño v. Lorna Igonia Court Employees; 529 P-04-1791 Simple Neglect of Duty A.C. No. Ricardo Foronda v. Atty. Arnold Guerrero Lawyers; Lifting 531 5469 of SuspensionJanuary 30, 2006 A.C. No. Philippine Amusement and Gaming Lawyers; Serious 532 5700 Corporation v. Atty. Dante Carandang Misconduct; Issuing Unfunded ChecksJanuary 31, 2006 A.M. No. Conrado Cobarrubias v. Arniel Apostol Sheriffs; Refusal 534 P-02-1612 to Perform Duty A.M. No. Report on the Judicial Audit Conducted Judges; Gross 536 RTJ-05- in the RTC-Br. 47, Urdaneta City Ineffi ciency 1968 152072 Romeo Roxas v. Antonio de Zuzuarregui Lawyers; 537 Contingent Fees A.M. No. Re: Financial Report on the Financial Court Employees; 539 05-8-233- Audit Conducted at the MTC of Dishonesty; MTC Midsayap, North Cotabato Misconduct A.M. No. Judge Eliseo Geolingo v. Nicolas Albayda Sheriff; Duty 541 P-02-1660 A.M. No. Judge Joselito Salvador v. Romacito Clerks of Court; 542 P-06-2104 Serrano Dishonesty A.M. No. Manuel Rafols, Jr. v. Judge Teodoro Dizon Judges; Bribery 544 RTJ-98-1426

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February 6, 2006 A.C. No. Crisanta Jimenez v. Atty. Joel Jimenez Lawyers; 546 6712 Disbarment A.M. No. Consuelo Vda. de Castro v. Judge Alfonso Judges; Gross 547 MTJ-02- Cawaling Ineffi ciency 1465 A.M. No. Sinfroso Ang v. Arniel Cruz Court Employees; 548 P-04-1822 Conduct Prejudicial to the Best Interest of ServiceFebruary 9, 2006 A.C. No. Victorina Bautista v. Atty. Sergio Bernabe Notary Public 550 6963 February 10, 2006 A.M. No. Gary Rosauro v. Judge Alfredo Kallos Judges; Code of 552 RTJ-03-1796 Judicial Conduct; Impropriety A.M. No. Dr. Erwin Fonghe v. Cynthia Bajarias- Clerks of Court; 554 P-05-1987 Cartilla Delay in Transmitting RecordsFebruary 13, 2006 A.M. Cristeta Orfi la v. Estifana Arellano Court Employees; 556 P-06-2110 Conduct A.C. No. Robert Francis Maronilla v. Lawyers; Misuse 558 6973 Atty. Efren Jorda of Court Processes A.M. No. Adelaida Escobar Vda. de Lopez v. Atty. Clerks of Court; 560 P-04-1786 Analiza Luna Sheriffs; Neglect of Duty A.M. No. Re: Judicial Audit of the RTC-Br. 14, Judges; Delay in 563 RTJ-05- Zamboanga City Rendering Decisions 1950 February 16, 2006 A.M. No. Letter of Atty. Socorro Villamer-Basilla Sheriffs; Simple 565 04-6-313-RTC Misconduct 158895 Sps. Thelma Abrajano v. Heirs of Inhibition 566 Augusto Salas 160445 Jose Teofi lo Mercado v. Security Lawyers; 567 Bank Corp. Contempt February 17, 2006 A.M. No. Report on the Financial Audit on the Clerks of Court; 569 05-11-320- Books of Accounts of Mr. Delfi n Polido Fiduciary MCTC CollectionsFebruary 22, 2006 A.M. No. Erlinda Varcas v. Judge Rafael Orola, Jr. Judges; Gross 570 MTJ-05-1615 Ignorance of LawFebruary 23, 2006 A.C. No. Quirino Tomlin II v. Atty. Salvador Lawyers; Gross 571 6971 Moya II Misconduct

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February 27, 2006 A.C. No. John Siy Lim v. Atty. Carmelito Montano Lawyers; 573 5653 Canon 12 A.C. No. Sps. David and Marisa Williams v. Lawyers; Gross 574 6353 Atty. Rudy Fernandez Ignorance of Law A.C. No. Eduardo Meneses v. Atty. Rodolfo Attorney-Client 575 6651 Macalino RelationshipFebruary 28, 2006 A.M. No. Offi ce of the Court administrator v. Judge Court Employees; 577 MTJ-02- Ricardo Liwanag Gross Misconduct 1440 and Gross Negligence; Ineffi ciency and Incompetence A.M. No. Trinidad Lachica v. Judge Rosabella Judges; 580 MTJ-05- Tormis Administrative 1609 Complaint A.M. No. Bernardo Betoy, Sr. v. Judge Mamerto Judges; Gross 581 MTJ-05- Colifl ores Ignorance of Law 1608 March 6, 2006 A.C. No. Julius Agustin v. Atty. Enrique Empleo Canons 12 and 18 583 6986 A.M. No. Report on the Judicial Audit Conducted Judges; Gross 585 05-4-213- in the RTC Br. 55, Hmamaylan City, N. O. Ineffi ciency RTC A.M. No. Offi ce of the Court Administrator Dishonesty 586 P-05-2023 v. Analiza BretaMarch 10, 2006 A.M. No. Offi ce of the Court Administrator Habitual Tardiness 588 P-05-2050. Atty. Marta Cunanan A.C. No. Judge Ubaldino Lacurom v. Respect Due to 589 5921 Atty. Ellis Jacoba Courts A.M. No. Rosalinda Pesongco v. Ernesto Estoya Sheriffs 591 P-06-2131 A.M. No. Ricardo Manaysay v. Pepito Samaniego Failure to Pay 594 P-06-2133 Just Debts A.M. No. Peter Donton v. Edgardo Loria Simple 595 P-03-1684 MisconductMarch 14, 2006 A.C. No. Ma. Gina Francisco v. Atty. Jaime Juanito Gross Negligence; 596 6155 Portugal Attorney-Client Relationship A.M. No. Offi ce of the Court Administrator Gross Ineffi ciency 599 RTJ-05- v. Hon. Marietta Legaspi 1893 169517 Rogelio Tan v. Benedicto Balajadia Unauthorized 601 Practice of Law

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March 17, 2006 A.M. No. Julianito Salvador v. Judge Manuel Unjust Judgment; 603 MTJ-06- Limsiaco, Jr. Gross Ignorance 1626 of the LawMarch 21, 2006 A.M. No. Imelda Enriquez v. Judge Anacleto Judges; Gross 604 RTJ-05- Caminade Ignorance of Law 1966 March 23, 2006 A.M. No. Re: Violation of Administrative Habitual Tardiness 606 2005- Circular No. 14-2002 by 20-SC Mr. Geminiano Perez 163986 Romulo Deles v. Hon. Pepito Gellada Lawyers; 608 Clemency A.M. No. Security Bank Corporation v. Sheriff; Neglect of P-06-2139 Romeo Gnzalbo Duty; 608 Incompetence March 24, 2006 A.C. No. Gisela Huyssen v. Atty. Fred Gutierrez Disbarment; Gross 610 6707 MisconductMarch 28, 2006 145213 Jimmy Go. v. Hon. Zeus Abrograr Withdrawal of 613 CounselMarch 30, 2006 A.C. No. Bun Siyong Yao v. Atty. Leonardo Aurelio Fiduciary Duty 615 7023 A.M. No. Re: Financial Audit on the Books Dishonesty 617 06-2-43- of Accounts of Ms. Laura Delantar MTC A.M. No. Atty. Vicente de Asis v. Judge Arturo Gross Misconduct; 619 MTJ-04- Doronila Willful Non- 1542 Compliance with Court Orders A.C. No. Nestor Perez v. Atty. Danilo de la Torre Confl ict of 620 6160 InterestsMarch 31, 2006 A.M. No. Re: Dropping from the Rolls of Court Employees; 622 2005-27-SC Ms. Carolyn Arcangel AWOL A.M. No. Atty. Jose Tiongco v. Judge Adriano Delay in Rendering 623 RTJ-02- Savillo Judgment; Wearing 1719 of Black Robe; Lawyers; Intemperate Language A.C. No. Ruthie Lim-Santiago v. Atty. Carlos Unlawful Conduct; 626 6705 Sagucio Confl ict of Interests A.C. No. Amador Malhabour v. Atty. Albert Deceitful Conduct 629 5417 Sarmiento

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A.M. No. Re: Absence Without Offi cial Leave AWOL 631 06-2-96- of Mr. Basria Abbas RTC A.M. No. Estrella Barba v. Judge Rosita Salazar Impropriety; 632 MTJ-06-1630 Canon 2 A.M. No. Offi ce of the Court Administrator Misconduct; 634 RTJ-99- v. Judge Florentino Floro Mental Impairment 1460 or Psychosis 126980 Sally Bellosillo v. The Board of Lawyers; 644 Governors Administrative ProceedingsApril 5, 2006 A.M. No. Report on the Judicial Investigation Gross Neglect of 646 04-6-332- Conducted on the Alleged Spurious Duty RTC Bailbonds and Release Orders Issued by the RTC, Br. 27, Sta. Cruz, LagunaApril 7, 2006 A.M. No. Theodore Britanico v. Judge Wenie Gross Misconduct 649 MTJ-04- Espinosa 1568 A.M. No. Offi ce of the Court Administrator Gross Dishonesty 650 P-03-1739 v. Normalyn Nacuray and Grave MisconductApril 19, 2006 A.M. No. Re: Anonymous Complaint Against Dishonesty; 652 2005- Mr. Rodel Gabriel Falsifi cation of 18-SC Public Documents A.M. No. Absence Without Offi cial Leave AWOL 654 P-06-2159 of Edwin Carrobo A.M. No. Re: Failure of Jose Dante Guerrero Dishonesty; 656 2005- to Register His Time In and Out in the Habitual Tardiness 07-SC Chronolog Time Machine on Several DatesApril 25, 2006 A.M. No. OCA v. Judge Lourdes Garcia-Blanco Gross Ineffi ciency 658 RTJ-05-1941 April 26, 2006 A.M. No. Augustus Gonzales v. Judge Antonio Delay in Resolving 660 RTJ-06- Bantolo a Motion 1993 A.M. No. Cristeta Orfi la v. Estifana Arellano Borrowing Money 661 P-06-2110 from a Subordinate A.M. No. Concerned Trial Lawyers of Manila Misconduct; Gross 663 RTJ-05- v. Judge Lorenzo Veneracio Ineffi ciency 1920 April 29, 2006 A.M. No. Judge Domingo San Jose, Jr. v. Robert Court Personnel; 665 P-06-2158 Camurongan Grave Misconduct; Thievery

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May 2, 2006 A.C. No. Florencia Somosot v. Atty. Elias Canons 16, 17 667 4285 Pontevedra and 18 A.C. No. Edgardo Perea v. Atty. Ruben Almadro Neglect of Duties 669 5246 A.M. OCA Normandy Bautista v. Associate Justice Gross Ignorance 670 IPI No. 06- Hakim Abdulwahid of the Law 97-CAMay 3, 2006 121404 Aniceto Salud, Jr. v. Court of Appeals Administrative 672 Proceedings; Confi dentiality A.C. No. Sps. William Adecer v. Atty. Emmanuel Duty of Diligence 674 4809 Akut May 4, 2006 A.C. No. Sps. Antonio Soriano v. Atty. Reynaldo Disbarment; Gross 677 4676 Reyes Negligence A.C. No. Bobie Rose Frias v. Atty. Carmelita Administrative 679 6656 Bautista-Lozada Complaints; Prescription A.M. No. Re: Spurious Certifi cate of Eligibility Dishonesty 680 05-5-268 of Tessie Quires A.M. No. Leonardo Landayan v. Judge Romeo Gross Ignorance 682 MTJ-06- Quilantang of the Law 1632 May 5, 2006 162130-39 People of the Philippines v. Hon. Inhibition 684 Justice Gregory OngMay 31, 2006 A.M. No. Sps. Roman Tiples, Jr. v. Evelyn Misconduct 686 P-05-2039 Montoyo A.M. No. Re: Dishonesty and/or Falsifi cation Dishonesty 688 2005- of Public Documents of Mr. Rogelio 22-SC ValdescoJune 8, 2006 A.M. No. Pedro Obesa v. Judge Jose Nacional Conduct 689 MTJ-05-1605 Unbecoming of a JudgeJune 15, 2006 A.C. No. Humberto Lim, Jr. v. Atty. Nicanor Confl ict of 691 5303 Villarosa Interests; Withdrawal as Counsel A.C. No. Victor Lingan v. Atty. Romeo Notarial Register; 694 5377 Calubaquib Notary Public A.M. No. Leilani Nacionales v. Sheryll Conduct 696 P-06-2171 Madlangbayan Prejudicial to the Interest of Service

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A.M. No. Atty. Hugolino Balayon, Jr. v. Judge Gross Ignorance 698 RTJ-06- Oscar Dinopol of the Law 1969 June 16, 2006 A.C. No. Marili Ronquillo v. Atty. Homobono Disbarment; 700 6288 Cesar SuspensionJune 20, 2006 A.M. No. Eusebio Baron v. Emiladie Ancan Moonlightning; 701 P-04-1816 Conduct Prejudicial to the Interest of ServiceJune 21, 2006 A.M. No. John Panaligan v. Judge Francisco Ibay Abuse of Authority; 703 RTJ-06-1972 Contempt Power A.M. No. Laura Mabini v. Eustacio Raga Grave Misconduct 705 P-06-2150 June 26, 2006 A.M. No. Grace Munsayac de Villa v. Judge Antonio Disciplinary 707 RTJ-05- Reyes Action; Prohibited 1925 Practice A.M. No. Sps. Errol and Teresita Pan v. Albert Misconduct 711 P-03-1678 Salamat A.M. No. Re: Report on the Financial Audit Custodians of 712 P-06-2140 Conducted in the MTCC-OCC Court Funds; Gross Angeles City Negligence and DishonestyJune 27, 2006 A.M. No. Judge Plenio dela Peña v. Rogelio Sia Misconduct 714 P-06-2167 A.C. No. Peter Donton v. Atty. Manuel Tansingco Notary Public; 716 6057 Malpractice A.M. No. Alberto Abogado, Jr. v. Ferdinand Gurtiza Misconduct 717 SB-04-12-P A.M. No. Marites Tam v. Judge Jocelyn Regencia Gross Ineffi ciency 719 MTJ-05-1604 A.M. No. Re: Report on the Financial Audit Custodian of 722 P-06-2177 Conducted on the Books of Accounts Court Funds; of Atty. Raquel Kho Gross Misconduct A.M. No. Absence Without Offi cial Leave AWOL 723 P-06-2183 of Alberto Monsanto A.M. No. P/C Insp. Marcelo Dayag v. Judge Malicious 725 RTJ-05- Teodora Gonzales Prosecution 1903 July 17, 2006 A.M. No. Atty. Romeo Roxas v. Judge Antonio Gross Ignorance 727 RTJ-06- Eugenio of the Law 2008

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July 20, 2006 A.C. No. Dayan Sta. Ana Christian Neighborhood Disbarment 729 5542 Association, Inc. v. Atty. Napoleon Espiritu A.M. No. Re: Request of Assistant Court R.A. 9282; CTA 731 03-10-05- Administrator for Upgrading of SC Their Rank, Salary and Privileges Upon Effectivity of R.A. No. 9282July 21, 2006 A.C. No. Elsa Mondejar v. Atty. Vivian Rubia Disbarment; 734 5907/5942 Notarial PracticeJuly 25, 2006 A.C. No. Zoilo Antonio Velez v. Atty. Leonard Foreign Judgment 736 6697 de Vera on Disciplinary Sanction; IBP Presidency A.C. No. David Almendarez, Jr. v. Minervo Fiduciary 743 7057 Langit Relationship A.M. No. Jerlyn Lanuza v. Janet Cepe Misconduct 745 P-06-2174 A.M. No. Ramon Calo v. Judge Godofredo Abul, Jr. Impartiality 747 RTJ-06-1996 July 27, 2006 A.M. No. Jose Tiongco v. Judge Evelyn Salao Gross Ignorance; 749 RTJ-06-2009 Misconduct A.M. No. Notan Lumbos v. Judge Marie Ellengrid Administrative 752 RTJ-06-1641 Baliguat Liability A.C. No. Atty. Miniano dela Cruz v. Atty. Teodorico Disbarment 754 6850 Diesmos A.C. No. Mar Yuson v. Atty. Jeremias Vitan Disbarment; Gross 757 6955 Misconduct; Willful DishonestyJuly 28, 2006 A.M. No. Benito Moncada v. Judge Alden Cervantes Negligence; 760 MTJ-06-1639 LiabilityJuly 31, 2006 A.M. No. Angelina Sarmiento v. Judge Yolanda Administrative 762 MTJ P-06- Leonardo Liability 1644 A.M. No. Atty. Alexander Bansil v. Nelson de Leon Sheriff; Simple 764 P-05-2035 Misconduct A.C. No. Noriel Michael Ramientas v. Atty. Jocelyn IBP; Motion for 765 7055 Reyala ReconsiderationAugust 3, 2006 A.M. No. Editha Santuyo v. Herberto Benito Gross Neglect of 767 P-05-1997 Duty A.M. No. Felicidad Palabrica v. Atty. Cilia Faelnar Clerks of Court 769 P-06-2025

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A.M. No. Judge Eleuteria Badoles-Algodon v. Gross Neglect of 771 P-04-1818 Rene Zaldivar DutyAugust 4, 2006 A.M. No. Ignacio Maylas, Jr. v. Judge Manuel Sese Error of Judgment 774 RTJ-06-2012 A.M. No. Leonardo Rivera v. Judge Bernabe Disciplinary 776 RTJ-06-2013 Mendoza ActionsAugust 7, 2006 A.M. No. Imelda Enriquez v. Judge Olegario Gross Ignorance 779 RTJ-06- Sarmiento, Jr. of the Law 2011 A.M. No. Leticia Resurreccion v. Rustico Misconduct 781 P-04-1783 Ibuna, Jr. 168384 Charles Bernard Reyes v. Antonio Motion for 782 Yulo Balde II InhibitionAugust 9, 2006 A.C. No. Atty. Orlando Dizon v. Atty. Marichu Upholding the 785 6968 Lambino Constitution A.M. No. Francisco Martillano v. Sheriff Manuel Misconduct 787 P-06-2134 Arimado August 10, 2006 A.M. No. Alberto Guinto v. Judge Rodrigo Flores Serious 789 MTJ-02-1399 MisconductAugust 11, 2006 A.M. No. Offi ce of the Court Administrator Incapacity to 791 MTJ-RTJ- v. Judge Florentino Floro Discharge Judicial 99-1460 Duties August 15, 2006 A.M. No. Albert dela Peña v. Iluminado Huelma Administrative 792 P-06-2218 LiabilityAugust 16, 2006 A.M. No. Rolando Gaspar v. Judge Luisito Adaoag Duties of Judges 794 MTJ-04-1565 A.M. No. Equitable PCI Bank, Inc. v. Judge Celso Duties of Judges 796 RTJ-06-2001 Laviña August 22, 2006 A.C. No. Arturo Sampana v. Atty. Edgardo Angara Disbarment 798 5839 A.M. No. In Re: Transfer of Venue of All Ilussorio Transfer of Cases; 800 03-6- Cases from the RTC of Baguio City Inhibition of 349-RTC to Metro Manila JudgesAugust 23, 2006 155224 Vinson Pineda v. Atty. Clodualdo de Jesus Professional Fees 802 A.C. No. St. Louis University High School Faculty Disbarment; 804 6010 and Staff v. Atty. Rolando dela Cruz Immoral ConductAugust 28, 2008 A.M. No. Arcely Santos v. Judge Ubaldino Lacurom Inhibition; Pro Se 807 RTJ-04-1823 Practice

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A.M. No. Maria Raquel Bajar v. Victoriano Disrespect 810 P-06-2151 Baterisna August 29, 2006 A.M. No. Ruth Collado v. Adonis Sevidal Performance of 812 P-05-2073 Judicial FunctionsAugust 30, 2006 A.M. No. Judge Crispin Bravo v. Atty. Miguel Abuse of Authority; 814 P-05-1950 Morales Grave Misconduct; Conduct Unbecoming of a Public Offi cerAugust 31, 2006 A.M. No. Atty. Victoriano Muring, Jr. v. Administrative 816 CA-05-19-P Atty. Manuel Gatcho Liability A.C. No. Luzviminda Lijauco v. Atty. Rogelio Lawyers; Duties 819 6317 Terrado A.C. No. Atty. Leon Asa v. Atty. Pablito Castillo Lawyers; Duties 821 6501 A.M. No. Re: Audit Report on Attendance of Court Dishonesty 823 P-04-1838 Personnel of RTC Br. 32, Manila A.M. No. Oriel Gonzales v. Arnaldo Cabigao Simple Misconduct 825 P-06-2194 153650 Fidel Amarillo, Jr. v. The People of the Inhibition of 827 Philippines JudgesSeptember 5, 2006 A.M. No. Romeo Sanchez v. Judge Quintin Alaan Gross Ineffi ciency 828 MTJ-04-1570 166849 Rolando Juani v. Roberto Alarcon Negligence of 830 Counsel 173940 Tomas Tan & CST Enterprises, Disbarment; 832 Inc. v. IBP Commision on Bar Discipline Jurisdiction of IBP Commission on Bar Discipline; Confi dentiality of ProceedingsSeptember 7, 2006 A.C. No. Catherine Joie Vitug v. Atty. Diosdado Grossly Immoral 834 6313 Rongcal ConductSeptember 8, 2006 A.C. No. Leticia Adrimisin v. Atty. Rolando Javier Moneys and 837 2591 Properties in TrustSeptember 11, 2006 A.C. No. Aquilino Pimentel, Jr. v. Atty. Vitaliano Duty of Lawyers 839 4517 Fabros in the Government Service A.M. No. Re: Letter Dated February 21, 2005 Respect Due to 840 05-3-04-SC of Atty. Noel Sorreda Courts and Court Offi cials

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A.M. No. Felomino Mendoza, Jr. v. Annalee Conduct of Court 841 P-05-2034 Navarro Employees 160334 Guenter Bach v. Ongkiko Kalaw Attorney’s Fees 843 Manhit & Accorda Law Offi cesSeptember 13, 2006 A.C. No. Plus Builders, Inc. v. Atty. Anastacio Duty to the Court; 846 7056 Revilla, Jr. Practice of LawSeptember 15, 2006 A.C. No. Renato Maligaya v. Atty. Antonio Unethical Conduct; 849 6198 Doronilla, Jr. Suspension 148456 Pio Grande v. University of the Negligence of 850 Philippines CounselSeptember 19, 2006 A.C. No. Orlando Angelo Santos v. Atty. Ma. Disbarment; 851 5395 Viviane Cacho-Calicdan Evidence Required A.C. No. Simon Paz v. Atty. Pepito Sanchez Lawyer’s Oath; 853 6125 Confl ict of InterestsSeptember 26, 2006 A.C. No. Renerio Sambajon v. Atty. Jose Suing Diligence Required 855 7062 in Practice of Law A.M. No. Offi ce of the Court Administrator Duty of Clerks 857 P-01-1499 v. Atty. Marilou Dureza-Aldevera of Court; Judicial FundsSeptember 27, 2006 A.C. No. Ramon Gonzalez v. Atty. Arnel Alcaraz Misconduct 860 5321 October 9, 2006 A.C. No. Jocelyn Saquing v. Atty. Noel Mora Notarization 862 6678 Without CommissionOctober 17, 2006 A.M. No. Busilac Builders, Inc. v. Judge Charles Inhibition 864 RTJ-03- Aguilar of Judges 1809 A.M. No. Tirso Mariano v. Judge Zeida Aurora Duties of Judges, 867 RTJ-06- Garfi n Lawyers and Clerks 2024 of Court; Presumption of RegularityOctober 19, 2006 A.M. No. Re: Report on the Judicial Audit Gross Ineffi ciency 869 06-4-220- Conducted in the Regional Trial Court of Judges; Duty RTC of Court Offi cialsOctober 23, 2006 A.M. No. Atty. Jesus de Vega v. Judge Fatima Gross Ineffi ciency 872 RTJ-06- Asdala 1997 October 27, 2006 A.M. No. Carmelita Chiong v. Sherwin Baloloy Duty of Court 874 P-01-1523 Employees

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A.M. No. Re: Anonymous Complaint v. Angelina Gross Misconduct 876 P-05-2063 Casareno-RillortaOctober 30, 2006 A.C. No. Robert Francis Maronilla v. Atty. Efren Gross Ignorance 878 6973 Jorda of the Law A.M. No. Elpidio Sy v. Edgar Esponilla Duties of Clerks 880 P-06-2261 of CourtNovember 2, 2006 A.M. No. Re: Report on the Judicial Audit and Delay in 881 06-4-219- Physical Inventory of Cases in the Disposition of RTC RTC Br. 54, Bacolod Cases; Simple Neglect of DutyNovember 16, 2006 A.C. No. Estela Anastacio-Briones v. Atty. Alfredo Negligence of 884 6266 Zapanta Counsel; Withdrawal of Counsel A.C. No. Dahlia Gacias v. Atty. Alexander Dishonesty and 886 7280 Bulauitan Grave Misconduct A.M. No. Nicolas Paclibar v. Renan Pamposa Misconduct 888 P-03-1737 A.M. No. National Bureau of Investigation v. Judge Serious 889 MTJ-03- Luisito Adaoag Misconduct 1503November 20, 2006 A.C. No. Maria Divina Cruz-Villanueva v. Notarial Law; 891 7123 Atty. Carlos Rivera Moneys and Properties in TrustNovember 22, 2006 A.M. No. Re: Lost Checks Issued to the Late Dishonesty and 893 2005-26-SC Roderick Roy Melliza Misconduct A.C. No. Johnny Ng v. Atty. Benjamin Alar Canon 8 and 11 897 7252 November 24, 2006 A.M. No. Rockland Construction Co., Inc. v. Judge Gross Ignorance 900 RTJ-06- Mariano Singzon, Jr. of the Law 2002 November 27, 2006 A.M. No. Judge Leonardo Carreeon v. Eric Anthony Simple Neglect 901 P-05-1979 Ortega of Duty A.M. No. Ligaya Reyes v. Mario Pablico Simple Neglect 903 P-06-2109 of DutyNovember 29, 2006 A.M. No. Sps. Arthur and Leonora Stilgrove Grave Abuse of 904 P-06-2257 v. Eriberto Sabas AuthorityNovember 30, 2006 A.C. No. Aileen Ferancullo v. Atty. Sancho Grossly Immoral 908 7214 Feranculo, Jr. Conduct

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A.M. No. Sps. Trefi l and Lina Umale v. Judge Prompt 911 MTJ-06- Nicolas Fadul. Jr. Disposition 1660 of Cases A.M. No. PNB Management and Development Grave Misconduct 913 P-03-171 Corporation v. Carmelo Cachero A.M. No. Nydia Servino v. Ma. Mawilynn Dishonesty 915 P-06-2204 Concepcion Adolfo A.M. No. Encarnacion Flores v. Romeo Duty of Court 916 P-06-2266 Gatcheco, Jr. Employees A.M. No. Fortune Life Insurance Company, Gross Ignorance 918 RTJ-05- Inc. v. Judge Jimmy Luczon of the Law 1901 December 6, 2006 A.M. No. Re: Report on the Judicial Audit Duties of Clerks 919 P-06-2172 Conducted in the RTC Br. 134, of Court Makati City A.C. No. Marcos Prieto v. Atty. Oscar Corpuz Filing of 920 6517 Complaints A.M. No. Romel Flores v. Juan Marquez Neglect of Duty 922 P-06-2277 A.M. No. Saga Design, Inc. v. Atty. Emeline Simple Neglect 924 P-06-2244 Cabahug of DutyDecember 13, 2006 A.M. No. Mary Ann Ito v. Eric de Vera Improper Conduct 925 P-01-1478 December 19, 2006 A.C. No. Rosemarie Hsieh v. Atty. Salvador Lawyer’s Lien; 928 6128 Quimpo Fiduciary Relationship A.M. No. Report on the Status of the Financial Liability for Loss, 929 P-06-2124 Audit Conducted in the RTC, Tarlac City Shortage, Destruction or Impairment of Funds A.M. No. Engracio Escarinas, Jr. v. Gary Lawas Habitual 931 P-06-2284 Absenteeism and Unreasonable TardinessDecember 20, 2006 A.M. No. Offi ce of the Court Administrator Duties of a Court 933 P-06-2269 v. Edgardo Montalla Stenographer

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TABLE OF CASES

MERCANTILE LAW

DATE/ CASE NO. TITLE TOPIC/ISSUE PAGE

January 24, 2006 157481 Loadstar Shipping Co., Inc. v. Pioneer Common Carrier; 937 Insurance Corp. Voyage CharterJanuary 27, 2006 164958 Sy Chim v. Sy Siy Ho & Sons, Inc. Management 939 Committtee; Imminent Danger; Independent Auditor 147039 DBP Pool of Accredited Insurance Contract of 943 Companies v. Radio Mindanao Adhesion; Burden Network, Inc. of ProofFebruary 6, 2006 164317 Alfredo Ching v. The Secretary Liability of 946 of Justice Corporate Offi cers; P.D. No. 115February 27, 2006 144723 Larry Estacion v. Noe Bernardo Proximate Cause 949 160016 Abacus Securities Corporation v. Margin Trading 952 Ruben Ampil February 28, 2006 132284 Telengtan Brothers & Sons, Inc. v. House/House 957 United States Lines, Inc. Containers- Shippers Load, Stowage and Count 168696 Ma. Lutgarda Calleja v. Jose Pierre Intra-Corporate 959 Panday Controversies; Jurisdiction; Quo WarrantoMarch 6, 2006 129406 Republic of the Philippines v. Stocks; 962 Sandiganbayan Membership Dues; ReceiverMarch 24, 2006 163782 Light Rail Transit Authority v. Pefecto Veil of Corporate 964 Venus, Jr. Fiction

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March 31, 2006 159938 Shangri-La International Hotel Trademark; 966 Management, Ltd. v. Developers Group R.A. No. 166 of Companies, Inc. April 7, 2006 159457 National Power Corporation v. Philippine Energy 971 Electric Plant Owners Association Regulatory BoardMay 2, 2006 156978 Aboitiz Shipping Corporation v. Doctrine of Limited 974 New India Assurance Company, Ltd. Liability 146918 Citibank, N.A. v. Sps. Luis Cabamongan Banks; Fiduciary 976 DutyJune 8, 2006 160191 Twin Ace Holding Corp. v. Rufi na Patent and 978 & Company Trademark; OwnershipJune 9, 2006 172556 Trands Middle East v. Sandiganbayan Sequestered 980 Shares; Voting RightsJune 15, 2006 152551 General Bank and Trust Co. v. Liquidation and 982 Central Bank of the Philippines ClosureJune 20, 2006 128464 Rev. Luis Ao-as v. The Hon. Court Receivership 985 of Appeals 157671 Danilo Punongbayan v. Perfecto Management 987 Punongbayan, Jr. Committee 151890/ Prudential Guarantee and Assurance Marine Insurance; 989 151991 Inc. v. Trans-Asia Shipping Lines, Inc. Breach of WarrantyJune 23, 2006 152613 Apex Mining Co., Inc. v. Southeast Doctrine of 992 Mindanao Gold Mining Corp. Piercing the Corporate VeilJune 27, 2006 158589 Philip Morris, Inc. v. Fortune Trademark; 993 Tobacco Corp. InfringementJune 30, 2006 164801 PNB v. Heirs of Estanislao Militar Banks; Mortgagee; 997 Purchasers in Good Faith 167270 PNB v. Helen Joyce Campos Banks; Fiduciary 1000 DutyJuly 17, 2006 141667 Republic of the Philippines v. Legislative 1001 International Communications Corp. Franchise; Public Service Act; Revenue Regulation

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July 20, 2006 154131 Securities and Exchange Commission SEC; Cease and 1004 v. Performance Foreign Exchange Corp. Desist OrderJuly 21, 2006 150416 Seventh Day Adventist Conference De Facto 1006 Church of Southern Phil., Inc. v. Corporation Northeastern Mindanao Mission of Seventh Day Adventist, Inc.July 27, 2006 146472 Eastern Shipping Lines, Inc. v. Common Carriers; 1008 N.V. The Netherlands Insurance Presumption of Company NegligenceJuly 28, 2006 118692 Coastal Pacifi c Trading, Inc. v. Southern Directors; Duties 1009 Rolling Milk, Inc. August 4, 2006 150959 United Paragon Mining Corporation Corporation; 1014 v. Court of Appeals PowersAugust 17, 2006 153468 Paul Lee Tan v. Paul Sycip Corporation; Dead 1016 Member-trustees; Quorum 165382 Union Bank of the Philippines v. Jurisdiction Over 1020 Securities and Exchange Commission Intra-Corporate CasesAugust 22, 2006 150350 Koji Yasuma v. Heirs of Cecilio de Villa Corporate Loans 1022September 5, 2006 129910 The International Corporate Bank, Checks; Material 1024 Inc. v. Court of Appeals Alteration September 8, 2006 147791 Construction Development Corporation Insurance; Notice 1026 of the Philippines v. Rebecca Estrella of Claim 169334 Leticia Miranda v. Philippine Deposit New Central 1028 Insurance Corporation Bank Act; Disputed ClaimsSeptember 15, 2006 156207 Equitable PCI Bank v. Rowena Ong Holder in Due 1030 Course; Extra- ordinary Diligence Required of BanksOctober 27, 2006 164605 Caterpillar, Inc. v. Manolo Samson Unfair 1032 Competition October 30, 2006 171392 Ruperto Suldao v. Cimech System Piercing the Veil 1034 Construction, Inc. of Corporate Fiction

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October 31, 2006 146313 Florencio Orendain v. BF Homes, Inc. Jurisdiction Over 1035 Intra-corporate ControversiesNovember 29, 2006 156294 Melva Theresa Alviar Gonzales v. Rizal Liabilities of 1039 Commercial Banking Corporation General Indorsers; Irregular IndorsementNovember 30, 2006 157294-95 Joseph Victor Ejercito v. Sandiganbayan Secrecy of Bank 1041 Deposits Law; Coverage and ExceptionDecember 6, 2006 154469 Metropolitan Bank and Trust Material 1044 Company v. Renato Cabilzo Alteration; Liability of DraweeDecember 18, 2006 140687 China Banking Corporation v. Hon. Secrecy of 1048 Court of Appeals Foreign Currency Deposits 158261 In Re: Petition for Assistance in the Involuntary 1051 Liquidation of the Rural Bank of Dissolution; Bokod, Inc., Philippine Deposit Distribution of Insurance Corporation v. Bureau Assets; Tax of Internal Revenue Clearance