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G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND ENG…

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December 2015 - Philippine Supreme Court Decisions/Resolutions

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Philippine Supreme Court Jurisprudence > Year 2015 > December 2015 Decisions >
G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION
AND/OR ROBERT KUA, OWNER, AND ENGR. JUANITO C. PAGCALIWAGAN, MANAGER,
Petitioners, v. CAMILO ELARCOSA, MARLON BANDA, DANTE L. BALAMAD, RODRIGO
COLANSE, CHIQUITO PACALDO, ROBINSON PANAGA, JUNIE ABUGHO, SBLVERIO
ChanRobles On-Line Bar
NARISMA, ARMANDO GONZALES, TEOFILO ELBINA, FRANCISCO BAGUIO, GELVEN
Review

RHYAN RAMOS, JULITO SIMAN, RECARIDO PANES, JESUS TINSAY, AGAPITO CANAS,
JR., OLIVER LOBAYNON, SIMEON BAGUIO, JOSEPH SALCEDO, DONIL INDINO,
WILFREDO GULBEN, JESRILE TANIO, RENANTE PAMON, RICHIE GULBEN, DANIEL
ELLO, REXY DOFELIZ, RONALD NOVAL, NORBERTO BELARGA, ALLAN BAGUIO,
ROBERTO PAGUICAN, ROMEO PATOY, ROLANDO TACBOBO, WILFREDO LADRA, RUBEN
PANES, RUEL CABANDAY, AND JUNARD ABUGHO, Respondent.:

G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION

AND/OR ROBERT KUA, OWNER, AND ENGR. JUANITO C. PAGCALIWAGAN, MANAGER,
Petitioners, v. CAMILO ELARCOSA, MARLON BANDA, DANTE L. BALAMAD, RODRIGO

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2/7/22, 3:40 PM G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND ENG…

COLANSE, CHIQUITO PACALDO, ROBINSON PANAGA, JUNIE ABUGHO, SBLVERIO
NARISMA, ARMANDO GONZALES, TEOFILO ELBINA, FRANCISCO BAGUIO, GELVEN
RHYAN RAMOS, JULITO SIMAN, RECARIDO PANES, JESUS TINSAY, AGAPITO CANAS,
JR., OLIVER LOBAYNON, SIMEON BAGUIO, JOSEPH SALCEDO, DONIL INDINO,
WILFREDO GULBEN, JESRILE TANIO, RENANTE PAMON, RICHIE GULBEN, DANIEL
ELLO, REXY DOFELIZ, RONALD NOVAL, NORBERTO BELARGA, ALLAN BAGUIO,
ROBERTO PAGUICAN, ROMEO PATOY, ROLANDO TACBOBO, WILFREDO LADRA, RUBEN
PANES, RUEL CABANDAY, AND JUNARD ABUGHO, Respondent.

SECOND DIVISION
ChanRobles CPA Review
G.R. No. 202215, December 09, 2015
Online

VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND

ENGR. JUANITO C. PAGCALIWAGAN,1 MANAGER, Petitioners, v. CAMILO

ELARCOSA, MARLON BANDA, DANTE L. BALAMAD, RODRIGO COLANSE,2

CHIQUITO PACALDO, ROBINSON PANAGA, JUNIE ABUGHO, SBLVERIO
NARISMA, ARMANDO GONZALES, TEOFILO ELBINA, FRANCISCO BAGUIO,

GELVEN RHYAN RAMOS, JULITO SIMAN, RECARIDO4 PANES, JESUS TINSAY,

AGAPITO CANAS, JR., OLIVER LOBAYNON, SIMEON BAGUIO, JOSEPH

SALCEDO, DONIL INDINO, WILFREDO GULBEN, JESRILE5 TANIO, RENANTE

PAMON, RICHIE6 GULBEN, DANIEL ELLO, REXY DOFELIZ, RONALD NOVAL,

NORBERTO BELARGA, ALLAN BAGUIO, ROBERTO PAGUICAN, ROMEO7 PATOY,

ROLANDO TACBOBO, WILFREDO LADRA, RUBEN PANES, RUEL CABANDAY,

AND JUNARD8 ABUGHO, Respondent.

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DECISION
Series

DEL CASTILLO, J.:

Before us is a Petition for Review on Certiorari assailing the November 24, 2009

Decision9 of the Court of Appeals (CA) in CA-G.R SP No. 01853-MN. The CA granted
the Petition for Certiorari filed therewith, and reversed and set aside the February 2,

200710 Resolution of the National Labor Relations Commission (NLRC), Fifth Division,

Cagayan de Oro, which in turn, affirmed the May 25, 200611 and May 29, 200612
respective Decisions of Executive Labor Arbiters (LA) Benjamin E. Pelaez (Pelaez) and
Noel Augusto S. Magbanua (Magbanua) dismissing the complaints for lack of merit.

Also assailed is the May 10, 2012 CA Resolution13 denying the motion for
reconsideration.

Factual Antecedents

This case stemmed from a Complaint for illegal dismissal and money claims filed by
Ruben Panes, Ruel Cabanday and Jonard Abugho (respondents) against Vicmar
Development Corporation (Vicmar) and/or Robert Kua (Kua), its owner and Juanito
Pagcaliwagan (Pagcaliwagan), its manager, docketed as NLRC Case No. RAB-10-08-

00593-2005;14 and consolidated Complaints for illegal dismissal and money claims
filed by Camilo Elarcosa, Marlon Banda, Dante Balamad, Rodrigo Colanse, Chiquito
Pacaldo, Robinson Panaga, Romel Patoy, Wilfredo Ladra, Junie Abugho, Silverio
Narisma, Armando Gonzales, Teofilo Elbina, Francisco Baguio, Gelven Rhyan Ramos,
Julito Siman, Recarido Panes, Jesus Tinsay, Agapito Cafias, Jr., Oliver Lobaynon,
Rolando Tacbobo, Simeon Baguio, Roberto Paguican, Joseph Salcedo, Donil Indino,
Wilfredo Gulben, Jesreil Taneo, Renante Pamon, Richie Gulben, Daniel EUo, Rexy
Dofeliz, Ronald Noval, Norberto Belarca, and Allan Baguio (respondents), among
others, against Vicmar, Kua, and Pagcaliwagan (petitioners), docketed as NLRC Case

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Nos. RAB-10-09-00603-2004; RAB-10-09-00609-2004; RAB-10-09-00625-2004; and

RAB-10-02-00190-2005.15

Respondents alleged that Vicmar, a domestic corporation engaged in manufacturing

of plywood for export and for local sale, employed them in various capacities - as
boiler tenders, block board receivers, waste feeders, plywood checkers, plywood
sander, conveyor operator, ripsaw operator, lumber grader, pallet repair, glue mixer,
boiler fireman, steel strap repair, debarker operator, plywood repair and reprocessor,
civil workers and plant maintenance. They averred that Vicmar has two branches, Top
Forest Developers, Incorporated (TFDI) and Greenwood International Industries,

Incorporated (GUI) located in the same compound where Vicmar operated.16

According to respondents, Vicmar employed some of them as early as 1990 and since
their engagement they had been performing the heaviest and dirtiest tasks in the
plant operations. They claimed that they were supposedly employed as "extra"
workers; however, their assignments were necessary and desirable in the business of
Vicmar. They asserted that many of them were assigned at the boilers for at least 11

hours daily.17 They emphasized that the boiler section was necessary to Vicmar's
business because it was where pieces of plywood were dried and cooked to

perfection.18 They further stated that a number of them were also assigned at the

plywood repair and processing section, which required longer working hours.19

Respondents declared that Vicmar paid them minimum wage and a small amount for
overtime but it did not give them benefits as required by law, such as Philhealth,

Social Security System, 13th month pay, holiday pay, rest day and night shift

differential.20 They added that Vicmar employed more than 200 regular employees

and more than 400 "extra" workers.21

Sometime in 2004, Vicmar allegedly informed respondents that they would be

handled by contractors.22 Respondents stated that these contractors were former

employees of Vicmar and had no equipment and facilities of their own.23 Respondents
averred that as a result thereof, the wages of a number of them who were receiving
P276.00 as daily wage, were reduced to P200.00 or P180.00, despite overtime work;
and the wages of those who were receiving P200.00 and P180.00 were reduced to
P145.00 or P131.00. Respondents protested said wage decrease but to no avail.

Thus, they filed a Complaint with the DOLE24 for violations of labor standards for

which appropriate compliance orders were issued against Vicmar.25

cralawred

Respondents claimed that on September 13, 2004, 28 of them were no longer

scheduled for work and that the remaining respondents, including their sons and

brothers, were subsequently not given any work schedule.26

Respondents maintained that they were regular employees of Vicmar; that Vicmar

employed a number of them as early as 1990 and as late as 200327 through

Pagcaliwagan, its plant manager; that Vicmar made them perform tasks necessary
and desirable to its usual business; and that Vicmar paid their wages and controlled
the means and methods of their work to meet the standard of its products.
Respondents averred that Vicmar dismissed them from service without cause or due

process that prompted the filing of this illegal dismissal case.28

Respondents claimed that they were illegally dismissed after "vicmar learned that
they instituted the subject Complaint through the simple expedience of not being
scheduled for work. Even those persons associated with them were dismissed. They
also asserted that Vicmar did not comply with the twin notice requirement in

dismissing employees.29

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Furthermore, respondents contended that while Vicmar, TFDI and Gin were

separately registered with the SEC,30 they were involved in the same business,
located in the same compound, owned by one person, had one resident manager, and
one and the same administrative department, personnel and finance sections. They
claimed that the employees of these companies were identified as employees of

Vicmar even if they were assigned in TFDI or GIII.31

On the other hand, petitioners stated that Vicmar is a domestic corporation engaged

in wood processing, including the manufacture of plywood since 1970;32 that Vicmar
employed adequate regular rank-and-file employees for its normal operation; and
that it engaged the services of additional workers when there were unexpected high
demands of plywood products and when several regular employees were

unexpectedly absent or on leave.33

Petitioners pointed out that the engagement of Vicmar's "extra" workers was not
continuous and not more than four of them were engaged per section in every shift.
They added that from the time of engagement, respondents were not assigned for

more than one year in a section or a specific activity.34 They explained that some of
Vicmar's "extra" workers were engaged under "pakyaw" system and were paid based

on the items repaired or retrieved.35 Petitioners also stated that respondents Allan
Baguio, Romel Patoy, Rexy Dofeliz, Marlon Banda, Gulben Rhyan Ramos, Julieto

Simon and Agapito Canas, Jr. were "extra" workers of TFDI, not Vicmar.36 They
likewise alleged that a number of respondents were engaged to assist regular

employees in the company,37 and the others were hired to repair used steel straps

and retrieve useable veneer materials, or to perform janitorial services.38

Moreover, petitioners argued that the engagement of additional workforce was

subject to the availability of forest products, as well as veneer materials from

Malaysia or Indonesia and the availability of workers.39

Petitioners further asseverated that sometime in August 2004, they decided to

engage the services of legitimate independent contractors, namely, E.A. Rosales
Contracting Services and Candole Contracting Services, to provide additional

workforce.40 Petitioners claimed that they were unaware that respondents were

dissatisfied with this decision leading to the DOLE case.41 They insisted that hiring
said contractors was a cost-saving measure, which was part of Vicmar's management

prerogative.42

Ruling of the Executive Labor Arbiters

On May 25, 2006, ELA Pelaez dismissed the complaints in NLRC Case Nos. RAB-10-
09-00603-2004; RAB-10-09-00609-2004; RAB-10-09-00625-2004; and RAB-10-02-

00190-2005.43 On May 29, 2006, ELA Magbanua dismissed the complaint in NLRC

Case No. RAB-10-08-00593-2005.44

Both ELAs Pelaez and Magbanua held that respondents were seasonal employees of
Vicmar, whose work was "co-terminus or dependent upon the extraordinary demands
for plywood products and also on the availability of logs or timber to be processed

into plywood."45 They noted that Vicmar could adopt cost-saving measures as part of
its management prerogative, including engagement of legitimate independent

contractors.46

Ruling of the National Labor Relations Commission

Consequently, respondents filed a Notice of Appeal with Motion to Consolidate

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Cases47 alleging that the foregoing cases involved same causes of actions, issues,
counsels, and respondents, and complainants therein were similarly situated.

Thereafter, in their Consolidated Memorandum on Appeal,48 respondents argued that

their work in Vicmar was not seasonal. They averred that since their employment in
1990 until their termination in 2004, they continuously worked for Vicmar and were
not allowed to work for other companies. They alleged that there was never a decline
Taste in the demand and production of plywood. They also claimed that they continuously

Jameson's worked in Vicmar the whole year, except in December during which the machines
were shut down for servicing and clean-up. They, nonetheless, stated that some of

Smoothness them were the ones who had been cleaning these machines.

Feel refreshed when In addition, respondents averred that even assuming that they were seasonal
you make exciting employees, they were still regular employees whose employment was never severed
drinks using Jameson during off-season. Thus, they asserted that the decision to farm them out to
Irish Whiskey. Find out contractors was in violation of their right to security of tenure and was an evidence of
more. bad faith on the part of Vicmar.

Jameson Whiskey On February 2, 2007, the NLRC affirmed the Decisions of ELAs Pelaez and

Magbanua.49 On April 30, 2007, it denied respondents' motion for reconsideration.50

Open Ruling of the Court of Appeals

Undaunted, respondents filed with the CA a Petition51 for Certiorari maintaining that
they were regular employees of Vicmar and that the latter illegally dismissed them.
They insisted that the labor contractors engaged by Vicmar were "labor-only"
contractors, as they have no equipment and facilities of their own.

Petitioners, for their part, reiterated that Vicmar employed respondents as additional
workforce when there was high demand for plywood thus, they were merely seasonal

Taste
employees of Vicmar. They argued that Vicmar engaged independent contractors as a
cost-saving measure; and these contractors exercised direct control and supervision

Jameson's over respondents. In conclusion, petitioners declared that respondents were not
illegally dismissed but lost their employment because of refusal to coordinate with
Smoothness Vicmar's independent contractors.

Feel refreshed when

On November 24,2009, the CA rendered the assailed Decision granting the Petition
you make exciting for Certiorari, the dispositive portion of which reads:

drinks using Jameson

Irish Whiskey. Find out WHEREFORE, premises considered, the Petition is GRANTED. The
more. Resolution dated February 2,2007 of the National Labor Relations
Commission (NLRC), Fifth Division, Cagayan de Oro City is REVERSED and
Jameson Whiskey SET ASIDE. Private respondents are ORDERED to reinstate petitioners to
their former positions, without loss of seniority rights, and to pay full
backwages from the time they were illegally dismissed until actual
reinstatement.

Open

SO ORDERED.52

ChanRoblesVirtualawlibrary

The CA held that a number of respondents were assigned to the boiler section where
December-2015 Jurisprudence      plywood was dried and cooked to perfection; and while the other respondents were
           
said to have been assigned at the general service section, they were "cleaners on an

industrial level handling industrial refuse."53 As such, according to the CA,

G.R. No. 212058, December
respondents performed activities necessary and desirable in the usual business of
07, 2015 - STAR ELECTRIC
Vicmar, as they were assigned to departments vital to its operations. It also noted
CORPORATION, Petitioner, v. R & that the repeated hiring of respondents proved the importance of their work to
G CONSTRUCTION DEVELOPMENT
Vicmar's business. It maintained that the contractors were engaged by Vicmar only
AND TRADING, INC., Respondent.
for the convenience of Vicmar. In sum, the CA declared that respondents were

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2/7/22, 3:40 PM G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND ENG…

illegally dismissed since there was no showing of just cause for their termination and
G.R. No. 210445, December of compliance by Vicmar to due process of law.

07, 2015 - NILO B. ROSIT,

Petitioner, v. DAVAO DOCTORS On May 10, 2012, the CA denied petitioners' motion for reconsideration.54

HOSPITAL AND DR. ROLANDO G.

GESTUVO, Respondent. Petitioners thus filed this Petition raising the sole ground as follows:

THE HONORABLE COURT OF APPEALS, WITH ALL DUE RESPECT AND

G.R. No. 195547, December
DEFERENCE, ERRED IN REVERSING AND SETTING ASIDE THE FINDINGS
02, 2015 - MA. CORAZON M.
OLA, Petitioner, v. PEOPLE OF THE OF FACTS AND CONCLUSIONS OF THE NATIONAL LABOR RELATIONS
COMMISSION (NLRC). THE DECISION AS WELL AS THE RESOLUTION ARE
PHILIPPINES, Respondent.
NOT IN ACCORDANCE WITH LAW AND APPLICABLE JURISPRUDENCE AND

IF NOT CORRECTED, WILL CAUSE GRAVE INJUSTICE AND IRREPERABLE

G.R. No. 209418, December
07, 2015 - W.M. [SIC] DAMAGE TO THE PETITIONERS WHO WILL BE CONSTRAINED TO
ABSORB UNCESSARY [SIC] WORKFORCE, WHICH WILL LEAD TO THE
MANUFACTURING, INC.,
FURTHER DETERIORATION OF ITS FINANCIAL INSTABILITY [SIC] AND
Petitioner, v. RICHARD R. DALAG
AND GOLDEN ROCK MANPOWER POSSIBLY TO ITS CLOSURE.55

ChanRoblesVirtualawlibrary

SERVICES, Respondent.
Petitioners contend that it is irregular for the CA to reverse the findings of facts of the

NLRC and the ELAs based on two work schedules of different companies and
G.R. No. 197763, December
identification cards of five respondents. They maintain that said evidence cannot
07, 2015 - SMART
COMMUNICATIONS, INC., MR. conclusively prove that respondents were regular employees of Vicmar.56

NAPOLEON L. NAZARENO, AND

MR. RICKY P. ISLA, Petitioners, v. Additionally, petitioners argue that the CA erred in finding that they (petitioners)

JOSE LENI Z. SOLIDUM, have the burden to prove that respondents were hired for only one season to

Respondent.; G.R. No. 197836 - establish that they were mere seasonal employees. Petitioners emphasize that since

JOSE LENI Z. SOLIDUM, the inception of this case, they have been denying respondents' claim that they were

Petitioner, v. SMART working under regular working hours and working days.57

COMMUNICATIONS, INC., MR.

NAPOLEON L. NAZARENO, AND Petitioners maintain that respondents were Vicmar's "extra" workers;58 that the
MR. RICKY P. ISLA, Respondent. engagement of independent contractors was a management prerogative exercised in

good faith;59 that some of the respondents were engaged by TFDI and thus, they
G.R. No. 207633, December
have no standing in this case.60

09, 2015 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v.
Respondents, on their part, assert that petitioners have the burden to prove that they
JOHNLIE LAGANGGA Y DUMPA,
(respondents) were seasonal employees because such allegation is a critical fact that
Accused-Appellant.
must be substantiated.61 They likewise restate that they were regular employees of

Vicmar because they had been performing tasks necessary and desirable for the
G.R. No. 203115, December
production of plywood; they continuously worked in Vicmar for more than 11 hours
07, 2015 - ISLAND OVERSEAS
daily until they were terminated in September 2004; and they were not allowed to
TRANSPORT CORPORATION/PINE
CREST SHIPPING work for companies other than Vicmar.62

CORPORATION/CAPT. EMMANUEL

L. REGIO, Petitioners, v. Respondents claim that assuming that they were "extra" workers, still, their

ARMANDO M. BEJA, Respondent. continued and repeated hiring for more than 10 years made their functions necessary

or desirable in the usual business of Vicmar.63

G.R. Nos. 216007-09,

December 08, 2015 - PEOPLE OF Issue

THE PHILIPPINES, Petitioner, v.

LUZVIMINDA S. VALDEZ AND THE Did the CA err in finding that the NLRC gravely abused its discretion in affirming the
SANDIGANBAYAN (FIFTH ELAs' Decisions dismissing the complaint?

DIVISION), Respondent.

Our Ruling

G.R. No. 204275, December

09, 2015 - LILIOSA C. In labor cases, grave abuse of discretion may be ascribed to the NLRC when its
LISONDRA, Petitioner, v. findings and conclusions are not supported by substantial evidence or such relevant
MEGACRAFT INTERNATIONAL evidence that a reasonable mind might accept as adequate to support a conclusion.64
CORPORATION AND SPOUSES The CA may grant a Petition for Certiorari if it finds that the NLRC committed grave

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MELECIO AND ROSEMARIE abuse of discretion by capriciously, whimsically or arbitrarily disregarding the material
OAMIL, Respondent. evidence decisive of a case. It cannot "make this determination without looking into

the evidence presented by the parties. Necessarily, the appellate court can only
G.R. No. 201652, December evaluate the materiality or significance of the evidence, which is alleged to have been
02, 2015 - HEIRS OF SIMEON capriciously, whimsically, or arbitrarily disregarded by the NLRC, in relation to all
LATAYAN, NAMELY: LEONIDES Q. other evidence on record."65

LATAYAN, ARIEL Q. LATAYAN, AND

ETHEL Q. LATAYAN-AMPIL, In this case, we find that the CA correctly granted respondents' Petition for Certiorari
REPRESENTED BY THEIR because the NLRC gravely abused its discretion when it affirmed the dismissal of
ATTORNEY-IN-FACT, LEONIDES Q. respondents' Complaints.

LATAYAN, Petitioners, v. PEING

TAN, JOHNNY TAN, Section 280 of the Labor Code defines a regular employee as one who is 1) engaged
HERMTNIGILDO CASALAN, to perform tasks usually necessary or desirable in the usual business or trade of the
WEBINO VILLAREAL, employer, unless the employment is one for a specific project or undertaking or
DIOSCOROMOLO, DAMACINO where the work is seasonal and for the duration of a season; or 2) has rendered at
BAYAWA, EDGAR NARITA, least 1 year of service, whether such service is continuous or broken, with respect to
YOLANDA NARITA, POLICRONIA the activity for which he is employed and his employment continues as long as such
CAPIONES, ANDRES LOZANO,
activity exists.66

GREGORIO YAGAO, EMILIANO

GUMATAY, JESUS ALCONTIN,

Here, there is substantial evidence to prove that respondents were regular employees
ADAM DULAUON, MARIO PEREZ,
such that their separation from work without valid cause amounted to illegal
LARRY CEMAFRANCA,
dismissal.

FELIXBERTO BULADACO,

CIPRIANOAHIT, BUENAVENTURA
To support their illegal dismissal case, respondents listed the date of their hiring, the
B ACALSO AND SALDE ESPIA,
date they were terminated and the sections where they were assigned prior to
Respondents.
dismissal, to wit:67

G.R. No. 196415, December

NAMES DATE HIRED SECTION DATE FIRED
02, 2015 - COMMISSIONER OF
INTERNAL REVENUE, Petitioner, v. Panes, Ruben June 1990 Boiler Oct. 2004
TOLEDO POWER COMPANY,
Panes, Recarido August 1990 Boiler Sept. 2004
Respondent.; G.R. No. 196451 -
TOLEDO POWER COMPANY, Tinsay, Jesus 1991 Boiler Sept. 2004
Petitioner, v. COMMISSIONER OF
INTERNAL REVENUE, Gonzales,
June 1991 Assy./Fin. Feb. 2004
Respondent. Armando

Patoy, Romel Nov. 1991 Boiler Sept. 2004

G.R. No. 221318, December
16, 2015 - KABATAAN PARTY- Ladra, Wilfredo 1992 Plant Maint. Sept. 2004
LIST, REPRESENTED BY
Balamad, Dante July 1994 Boiler Sept. 2004
REPRESENTATIVE JAMES MARK
TERRY L. RIDON AND Baguio, Simeon 1995 Boiler Sept. 2004
MARJOHARA S. TUCAY; SARAH
JANE I. ELAGO, PRESIDENT OF Baguio,
1995 Block Board June 2004
THE NATIONAL UNION OF Francisco

STUDENTS OF THE PHILIPPINES;

Tacbobo,
VENCER MARI E. CRISOSTOMO, Jan. 1995 Plant Maint. Sept. 2004
Rolando
CHAIRPERSON OF THE
ANAKBAYAN; MARC LINO J. Belarga,
1995 Boiler July 2004
ABILA, NATIONAL PRESIDENT OF Norberto
THE COLLEGE EDITORS GUILD OF
Elarcosa,
THE PHILIPPINES; EINSTEIN Z. 1995 Boiler Sept. 2004
Camilo
RECEDES, DEPUTY SECRETARY-
GENERAL OF ANAKBAYAN; Abugho, Junie June 1996 Boiler Sept. 2004
CHARISSE BERNADINE I. BAÑEZ,
CHAIRPERSON OF THE LEAGUE Pamon, Renante June 1996 Assy./Fin. Sept. 2004

OF FILIPINO STUDENTS; ARLENE

Abugho, Jonard June 1996 Boiler Oct. 2004
CLARISSE Y. JULVE, MEMBER OF

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ALYANSA NG MGA GRUPONG Noval, Ronald 1997 Boiler Aug. 2004

HALIGI NG AGHAM AT
Siman, Julito 1997 Boiler Sept. 2004
TEKNOLOHIYA PARA SA
MAMAMAYAN (AGHAM); AND Baguio, Allan 1997 Boiler Sept. 2004
SINING MARIA ROSA L.
MARFORI, Petitioners, v. Cabanday, Ruel 1998 Assy./Fin. Oct. 2004

COMMISSION ELECTIONS, ON,

Salcedo, Joseph 1998 Assy./Fin. Sept. 2004
Respondent.

Lobaynon,
1998 Boiler Sept. 2004
G.R. Nos. 197096-97, Oliver
December 07, 2015 - ANTONIO
Panaga,
Z. KING, HEREIN REPRESENTED 1999 Assy./Fin. March 2004
Robinson
BY HIS ATTORNEY-IN-FACT,
EDGARDO SANTOS, Petitioner, v. Paguican,
1999 Boiler Sept. 2004
FRANCISCO A. ROBLES, Roberto
ANTONIO T. DATU, RENE A.
MASILUNGAN, RESTITUTO S. Ello, Daniel 1999 Boiler Sept. 2004

SOLOMON, RODRIGO MENDOZA,

Taneo, Jesrile 1999 Plywood Rep. Sept. 2004
ROMEO MENDOZA REYNALDO
DATU, JOSEPH TIU, TERESITA Indino, Donil 1999 Plywood Rep. Sept. 2004
TIU, ROGELIO GEBILAGUIN AND
Narisma,
PRESCILLA GEBILAGUIN, July 1999 Assy ./Fin. Sept. 2004
Silverio
Respondent.

Canas, Agapito
Jan. 2000 Plant Maint. Sept. 2004
G.R. No. 207112, December Jr.
08, 2015 - PILIPINAS TOTAL GAS,
INC., Petitioner, v. Gulben,
Dec. 2000 Plywood Rep. Sept. 2004
COMMISSIONER OF INTERNAL Wilfredo

REVENUE, Respondent.
Gulben, Rechie Mar. 2000 Plywood Rep. Sept. 2004

G.R. No. 210855, December Pacaldo,

Mar. 2000 Green End May 2002
09, 2015 - ROLANDO S. Chiquito
ABADILLA, JR., Petitioner, v.
Dofeliz, Rexy June 2001 Boiler Aug. 2004
SPOUSES BONIFACIO P. OBRERO
AND BERNABELA N. OBRERO, xxxx      
AND JUDITH OBRERO-TIMBRESA,
Respondent. Ramos, Gelven
July 2002 Boiler Sept. 2004

Rhyan

G.R. No. 199314 [Formerly

Colansi, Rodrigo Oct. 2002 Assy./Fin. Sept. 2004
UDK No. 14553], December 07,
2015 - TAMBLOT SECURITY & xxxx Jan. 2002 Boiler Sept. 2004
GENERAL SERVICES, INC.,
Banda, Marlon June 2003 Boiler Sept. 2004
Petitioner, v. FLORENCIO ITEM,
LEONARDO PALM A, RTCARDO Elbina, Teofilo Nov. 2003 Boiler July 2004
UCANG, FLORENCRO AMORA,
REYNALDO DANO, APOLLO The foregoing allegations were uncontroverted as no relevant employment files,
JOTOJOT, TEODORO BARONG, payrolls and records were submitted by petitioners to refute the information. Being
JUAN T. CUSI, TEODORO DE LOS the employer, petitioners have custody and control of important employment
REYES, EFREN ESCOL, JOVANNE documents. As such, failure to submit them gives rise to the presumption that their
COSE, DARIO S. GEALON, JULIO presentation would be prejudicial to petitioners' cause and leads the Court to
ESPADA AND DARIO PAJE,
conclude that the assertions of respondents are truthful declarations.68

Respondent.

Interestingly, in the DOLE case filed by respondents against Vicmar and TFDI, the
G.R. No. 192659, December
latter did not also submit documents to disprove respondents' claim for wage
02, 2015 - PHILIPPINE RACE
differentials, 13th month pay and holiday pay. Because of this, the DOLE Secretary
HORSE TRAINER'S ASSOCIATION,
denied their appeal. In her February 17, 2006 Order,69 the DOLE Secretary made the
INC., Petitioner, v. PIEDRAS
following pronouncements:

NEGRAS CONSTRUCTION AND

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2/7/22, 3:40 PM G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND ENG…

DEVELOPMENT CORPORATION, In this case, the appellants (Vicmar and TFDI) were given seven x x x
Respondent. days to comply with the Notice of Inspection Results or to contest the

findings therein, but they chose to ignore the directive. Summary hearings
G.R. No. 218787, December were conducted x x x to give the appellants ample time to submit
08, 2015 - LEO Y. QUERUBIN, payrolls, but they merely promised to do so x x x [A]t the extra hearing
MARIA CORAZON M. AKOL, AND on 18 November, they still failed to do so. x x x There being none, the
AUGUSTO C. LAGMAN, Director could not but sustain the inspection report.

Petitioners, v. COMMISSION ON

ELECTIONS EN BANC, Neither can the Director be faulted for not referring the case to the NLRC
REPRESENTED BY CHAIRPERSON on the ground that material evidence, namely, the payrolls and the daily
J. ANDRES D. BAUTISTA, AND time records, were not duly considered during inspection. The appellants
JOINT VENTURE OF cannot raise this argument because it was they who failed to produce the
SMARTMATIC-TIM CORPORATION, records for the consideration of the inspector and the Regional
TOTAL INFORMATION Director[.]70

ChanRoblesVirtualawlibrary

MANAGEMENT CORPORATION,
SMARTMATIC INTERNATIONAL Similarly, we cannot fault the CA in the instant case for giving credence to the
HOLDING B.V. AND JARLTECH assertions and documentary evidence adduced by respondents. Petitioners had the
INTERNATIONAL CORPORATION, opportunity to discredit them had they presented material evidence, including
REPRESENTED BY PARTNER WITH payrolls and daily time records, which are within their custody, to prove that
BIGGEST EQUITY SHARE, respondents were mere additional workforce engaged when there are extraordinary
SMARTMATIC-TIM CORPORATION, situations, such as high demands for plywood products or unexpected absences of
ITS GENERAL MANAGER regular employees; and that respondents were not assigned for more than one year
ALASTAIR JOSEPH JAMES WELLS, to the same section or activity.

SMARTMATIC CHAIRMAN LORD

MALLOCH-BROWN, SMARTMATIC- Moreover, respondents were shown to have performed activities necessary in the
ASIA PACIFIC PRESIDENT CESAR usual business of Vicmar. Most of them were assigned to activities essential for
FLORES, AND ANY OR ALL plywood production, the central business of Vicmar. In the list above, more than half
PERSONS ACTING FOR AND ON of the respondents were assigned to the boiler, where pieces of plywood were cooked
BEHALF OF THE JOINT VENTURE, to perfection. While the other respondents appeared to have been assigned to other
Respondent. sections in the company, the presumption of regular employment should be granted

in their favor pursuant to Article 280 of the Labor Code since they had been
G.R. No. 179814, December performing the same activity for at least one year, as they were assigned to the same
07, 2015 - WILFRED N.CHIOK, sections, and there is no indication that their respective activities ceased.71

Petitioner, v. PEOPLE OF THE

PHILIPPINES AND RUFINA CHUA, The test to determine whether an employee is regular is the reasonable connection
Respondents.; G.R. No. 180021 - between the activity he performs and its relation to the employer's business or trade,
RUFINA CHUA, Petitioner, v. as in the case of respondents assigned to the boiler section. Nonetheless, the
WILFRED N. CHIOK, AND THE continuous re-engagement of all respondents to perform the same kind of tasks
PEOPLE OF THE PHILIPPINES (AS proved the necessity and desirability of their services in the business of Vicmar.72
AN UNWILLING CO-PARTY Likewise, considering that respondents appeared to have been performing their
PETITIONER), Respondent. duties for at least one year is sufficient proof of the necessity, if not the

indispensability of their activities in Vicmar's business.73

G.R. No. 209324, December

09, 2015 - REPUBLIC OF THE

The Court also holds that Vicmar failed to prove that the contractors it engaged were
PHILIPPINES, REPRESENTED BY
legitimate labor contractors.

THE BUREAU OF CUSTOMS,

Petitioner, v. PILIPINAS SHELL

To determine the existence of independent contractorship, it is necessary to establish
PETROLEUM CORPORATION,
that the contractor carries a distinct and independent business, and undertakes to
Respondent.
perform work on its own account and under its responsibility and pursuant to its own

manner and method, without the control of the principal, except as to the result; that
G.R. No. 213832, December
the contractor has substantial capital or investment; and, that the agreement
07, 2015 - PEOPLE OF THE
between the principal and the contractor assures the contractual employees to all
PHILIPPINES, Plaintiff-Appellee, v.
labor and occupational safety and health standards, to right to self-organization,
GILBERT MERCADO A.K.A.
security of tenure and other benefits.74

"BONG", Accused-Appellant.

Other than their respective Certificates75 of Registration issued by the DOLE on

G.R. No. 198270, December
August 12, 2004, E.A Rosales Contracting Services and Candole Labor Contracting
09, 2015 - ARMILYN MORILLO,
Services were not shown to have substantial capital or investment, tools and the like.

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Petitioner, v. PEOPLE OF THE Neither was it established that they owned equipment and machineries for the
PHILIPPINES AND RICHARD purported contracted job. Also, the allegation that they had clients other than Vicmar
NATIVIDAD, Respondent. remained to be bare assertion without corresponding proof. More importantly, there

was no evidence presented that these contractors undertook the performance of their
G.R. No. 215201, December service contracts with Vicmar pursuant to their own manner and method, without the
09, 2015 - PEOPLE OF THE control and supervision of Vicmar.76

PHILIPPINES, Plaintiff-Appellee, v.

MARK ANTHONY ROAQUIN Y Petitioners cannot rely on the registration of their contractors to prove that the latter
NAVARRO, Accused-Appellant. are legitimate independent contractors. Such registration is not conclusive of the

status of a legitimate contractor; rather, it merely prevents the presumption of being
G.R. No. 203918, December a labor-only contractor from arising. Indeed, to determine whether labor-only
02, 2015 - SPOUSES AMADOR C. contracting exists, the totality of the facts and circumstances of the case must be
CAYAGO, JR. AND ERMALINDA B.
considered.77

CAYAGO, Petitioners, v. SPOUSES

EVELITO CANTARA AND SOLEDAD

The Court also gives merit to the finding of the CA that Vicmar is the employer of
CANTARA, Respondents.
respondents despite the allegations that a number of them were assigned to the

branches of Vicmar. Petitioners failed to refute the contention that Vicmar and its
G.R. No. 203397, December
branches have the same owner and management - which included one resident
09, 2015 - AUGUSTO ONG
manager, one administrative department, one and the same personnel and finance
TRINIDAD II, AUGUSTO ONG
sections. Notably, all respondents were employed by the same plant manager, who
TRINIDAD III FOR HIMSELF AND
signed their identification cards some of whom were under Vicmar, and the others
REPRESENTING LEVY ONG
under TFDI.

TRINIDAD AND ROHMEL ONG

TRINIDAD, MARY ANN

Where it appears that business enterprises are owned, conducted and controlled by
NEPOMUCENO TRINIDAD FOR
the same parties, law and equity will disregard the legal fiction that these
HERSELF AND ASSISTING HER
corporations are distinct entities and shall treat them as one. This is in order to
MINOR CHILDREN JOAQUIN
protect the rights of third persons, as in this case, to safeguard the rights of
GERARD N. TRINIDAD IV, JACOB
respondents.78

GABRIEL N. TRINIDAD, AND

JERED GYAN N. TRINIDAD,

Considering that respondents were regular employees and their termination without
Petitioners, v. SPOUSES
valid cause amounts to illegal dismissal, then for its contrary ruling unsupported by
BONIFACIO PALAD AND
substantial evidence, the NLRC gravely abused its discretion in dismissing the
FELICIDAD KAUSAPIN,
complaints for illegal dismissal. Therefore, the CA Decision setting aside that of the
Respondent.
NLRC is in order and must be sustained.79

G.R. No. 202215, December

WHEREFORE, the Petition is DENIED. The Decision dated November 24,2009 and
09, 2015 - VICMAR
Resolution dated May 10, 2012 of the Court of Appeals in CA-G.R. SP No. 01853-MIN
DEVELOPMENT CORPORATION
are AFFIRMED.

AND/OR ROBERT KUA, OWNER,

AND ENGR. JUANITO C.

SO ORDERED.

PAGCALIWAGAN, MANAGER,
chanroblesvirtuallawlibrary

Petitioners, v. CAMILO

ELARCOSA, MARLON BANDA, Carpio, (Chairperson), Perez,3Mendoza, and Leonen, JJ., concur.
chanrobleslaw

DANTE L. BALAMAD, RODRIGO

COLANSE, CHIQUITO PACALDO, Endnotes:

ROBINSON PANAGA, JUNIE

ABUGHO, SBLVERIO NARISMA, 1 Also spelled as Pagcalinawan in some parts of the records.

ARMANDO GONZALES, TEOFILO

ELBINA, FRANCISCO BAGUIO, 2 Also spelled as Colansi in some parts of the records.
GELVEN RHYAN RAMOS, JULITO

SIMAN, RECARIDO PANES, JESUS 3 Per Special Order No. 2301 dated December 1, 2015.

TINSAY, AGAPITO CANAS, JR.,

OLIVER LOBAYNON, SIMEON

4 Also spelled as Ricarido in some parts of the records.

BAGUIO, JOSEPH SALCEDO,

DONIL INDINO, WILFREDO

5 Also spelled as Jesreil in some parts of the records.

GULBEN, JESRILE TANIO,

RENANTE PAMON, RICHIE

6 Also spelled as Rechie in some parts of the records.

GULBEN, DANIEL ELLO, REXY

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DOFELIZ, RONALD NOVAL,

NORBERTO BELARGA, ALLAN 7 Also spelled as Romel in some parts of the records.

BAGUIO, ROBERTO PAGUICAN,

ROMEO PATOY, ROLANDO 8 Also spelled as Jonard in some parts of the records.

TACBOBO, WILFREDO LADRA,

RUBEN PANES, RUEL CABANDAY,

9 CA rollo, pp. 328-347; penned by Associate Justice Ruben C.
AND JUNARD ABUGHO,
Ayson and concurred in by Associate Justices Edgardo A.
Respondent.
Camello and Elihu A. Ybaflez; Associate Justices Rodrigo F. Lim,

Jr. and Edgardo T. Lloren, dissented.

G.R. No. 188638, December

09, 2015 - PHILIPPINE

10 Id. at 32-35; penned by Presiding Commissioner Salic B.
TRANSMARINE CARRIERS, INC.
Dumarpa and concurred in by Commissioners Proculo T.
AND NORTHERN MARINE
Sarmen and Jovito C. Cagaanan.

MANAGEMENT, Petitioners, v.

JOSELITO A. CRISTINO,
11 Id. at 197-208.

DECEASED AND REPRESENTED

BY HIS WIFE SUSAN B. BERDOS,

12 Id. at 188-195.

Respondent.

G.R. No. 211543, December 13 Id. at 391-395; penned by Associate Justice Edgardo A.
09, 2015 - DOMINGO G. Camello and concurred in by Associate Justices Melchor Q. C.
PANGANIBAN, Petitioner, v. Sadang, Carmelita Salandanan-Manahan and Zenaida T.
PEOPLE OF THE PHILIPPINES., Galapate-Laguilles; Associate Justice Edgardo T. Lloren,
Respondent. dissented.

G.R. No. 209039, December 14 As stated in the ELA Decision dated May 29,2006; Id. at
09, 2015 - PEOPLE OF THE
188.

PHILIPPINES, Plaintiff-Appellee, v.

MIRAFLOR UGANIEL LERIO, 15 As stated in ELA Decision dated May 25,2006; Id. at 197-
Accused-Appellant.
198.

G.R. No. 209559, December

16 Id. at 52.

09, 2015 - ENCHANTED

KINGDOM, INC., Petitioner, v.

17 Id. at 53.

MIGUEL J. VERZO, Respondent.

18 Id. at 132.

G.R. No. 160399, December

09, 2015 - THE CITY OF ILOILO,

REPRESENTED BY HON. MAYOR 19 Id. at 58.

JERRY P. TREÑAS, Petitioner, v.

HON. JUDGE RENE B. HONRADO, 20 Id. at 53.

PRESIDING JUDGE, REGIONAL

TRIAL COURT, BRANCH 29, 21 Id. at 59.

ILOILO CITY, AND JPV MOTOR

VEHICLE EMISSION TESTING &

22 Id. at 53.

CAR CARE CENTER, CO.,

REPRESENTED BY JIM P. VELEZ,

23 Id. at 57.

Respondent.

24 Department of Labor and Employment.

G.R. No. 159979, December

09, 2015 - CAPITAL INSURANCE

AND SURETY CO., INC., Petitioner, 25 CA rollo, pp. 53-54.

v. DEL MONTE MOTOR WORKS,

INC., Respondent. 26 Id. at 54-55.

G.R. No. 213696, December 27 Id. at 58.

09, 2015 - QUANTUM FOODS,

INC., Petitioner, v. MARCELINO

28 Id. at 56.

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2/7/22, 3:40 PM G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND ENG…

ESLOYO AND GLEN MAGSILA,

Respondent. 29 Id. at 59-60.

G.R. No. 209040, December 30 Securities and Exchange Commission.

09, 2015 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. 31 CA rollo, p. 127.

RODOLFO PATEÑO DAYAPDAPAN,

Accused-Appellant.
32 Id at 101-102.

G.R. No. 166581, December

33 Id. at 104.

07, 2015 - SOLIDBANK

CORPORATION, Petitioner, v.

34 Id. at 104-105.

COURT OF APPEALS, NATIONAL

LABOR RELATIONS COMMISSION,

AND DANILO H. LAZARO, 35 Id. at 105.

Respondents.; G.R. No. 167187 -

DANILO H. LAZARO, Petitioner, v. 36 Id. at 107.

COURT OF APPEALS, NATIONAL

LABOR RELATIONS COMMISSION 37 Id. at 108.

AND SOLIDBANK CORPORATION,

Respondents.
38 Id. at 109.

G.R. No. 200901, December

39 Id. at 170.

07, 2015 - SM INVESTMENTS

CORPORATION, Petitioner, v.

40 Id. at 105-106.

ESTELA MARFORI POSADAS,

MARIA ELENA POSADAS AND

AIDA MACARAIG POSADAS. 41 Id. at 106.

Respondents.

42 Id. at 110.

G.R. No. 208113, December

02, 2015 - DOLORES DIAZ, 43 Id. at 197-208.

Petitioner, v. PEOPLE OF THE

PHILIPPINES AND LETICIA S.

44 Id. at 188-195.

ARCILLA, Respondents.

45 Id. at 193, 205.

G.R. No. 182375, December

02, 2015 - HADJA RAWIYA SUIB,

46 Id. at 194-195, 206-207.

Petitioner, v. EMONG EBBAH AND

THE HONORABLE COURT OF

APPEALS, 22ND  DIVISION, 47 Id. at 209-211.

MINDANAO STATION, CAGAYAN

DE ORO CITY, Respondents. 48 Id. at 213-235.

G.R. No. 211210, December 49 Id. at 32-35.

02, 2015 - RADAR SECURITY &

WATCHMAN AGENCY, INC.,

50 Id. at 42-43.

Petitioner, v. JOSE D. CASTRO,

Respondent.
51 Id. at 2-25.

G.R. No. 213814, December

52 Id. at 346.

02, 2015 - RAFAEL B. QUILLOPA,

Petitioner, v. QUALITY GUARDS

SERVICES AND INVESTIGATION 53 Id. at 339.

AGENCY AND ISMAEL BASABICA,

JR., Respondents. 54 Id. at 391-395.

55Rollo, p. 21.

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G.R. No. 193964, December

02, 2015 - ENGINEER BEN Y. LIM, 56 Id. at 26.

RBL FISHING CORPORATION,

PALAWAN AQUACULTURE 57 Id. at 26-27.

CORPORATION, AND PENINSULA

SHIPYARD CORPORATION, 58 Id. at 28.

Petitioners, v. HON. SULPICIO G.

GAMOSA, OFFICER-IN-CHARGE,
59 Id. at 33-34.

NCIP REGIONAL HEARING

OFFICE, REGION IV AND

60 Id. at 34.

TAGBANUA INDIGENOUS
CULTURAL COMMUNITY OF

61 Id. at 119.

BARANGAY BUENAVISTA, CORON,

PALAWAN, AS REPRESENTED BY

FERNANDO P. AGUIDO, ERNESTO 62 Id. at 121-123.

CINCO, BOBENCIO MOSQUERA,

JURRY CARPIANO, VICTOR 63 Id. at 124.

BALBUTAN, NORDITO ALBERTO,

EDENG PESRO, CLAUDINA 64Omni Hauling Services, Inc. v. Bon, G.R. No. 199388,
BAQUID, NONITA SALVA, AND
September 3, 2014, 743 SCRA 270, 277.

NANCHITA ALBERTO,

Respondents.
65DOLE Philippines, Inc. v. Esteva, 538 Phil. 817, 854 (2006).

G.R. No. 197792, December

66 Art. 280. Regular and casual employment.- The provisions
09, 2015 - CIVIL SERVICE
COMMISSION, Petitioner, v. of written agreement to the contrary notwithstanding and

MADLAWI B. MAGOYAG, regardless of the oral agreement of the parties, an

Respondent. employment shall be deemed to be regular where the

employee has been engaged to perform activities which are

G.R. No. 192947, December usually necessary or desirable in the usual business or trade of

09, 2015 - MELANIE E. DE the employer, except where the employment has been fixed for

OCAMPO, Petitioner, v. RPN- a specific project or undertaking the completion or termination

9/RADIO PHILIPPINES NETWORK, of which has been determined at the time of the engagement

INC., Respondent. of the employee or where the work or service to be performed

is seasonal in nature and the employment is for the duration of

G.R. No. 204172, December the season.

09, 2015 - HON. HERMOGENES E.

EBDANE, JR., IN HIS OFFICIAL An employment shall be deemed to be casual if it is not

CAPACITY AS ACTING SECRETARY covered by the preceding paragraph: Provided, That any

OF THE DEPARTMENT OF PUBLIC employee who has rendered at least one year of service,

WORKS AND HIGHWAYS (DPWH), whether such service is continuous or broken, shall be

ATTY. JOEL L. JACOB, IN HIS considered a regular employee with respect to the activity in

OFFICIAL CAPACITY AS OFFICER- which he is employed and his employment shall continue while

IN-CHARGE, LEGAL SERVICE such activity exists.

(DPWH), ATTY. OLIVER T.

67 CA rollo, pp. 133-134.

RODULFO, IN HIS OFFICIAL

CAPACITY AS HEAD, INTERNAL

AFFAIRS OFFICE, (DPWH), AND 68Poseidon Fishing v. National Labor Relations Commission,
HON. JAIME A. PACANAN, IN HIS 518 Phil. 146, 161-162 (2006).

OFFICIAL CAPACITY AS

REGIONAL DIRECTOR, (DPWH), 69 CA rollo, pp. 45-50; penned by DOLE Secretary Patricia A.
REGIONAL OFFICE NO. VIII, Sto. Tomas.

Petitioners, v. ALVARO Y.

APURILLO, ERDA P. GABRIANA, 70 Id. at 48-49.

JOCELYN S. JO, IRAIDA R.

LASTIMADO, AND FRANCISCO B.

71Omni Hauling Services, Inc. v. Bon, supra note 64 at 278-
VINEGAS, JR., Respondents.
281.

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G.R. No. 215424, December 72Basan v. Coca-Cola Bottlers Philippines, G.R. Nos. 174365-
09, 2015 - ADINA B. 66, February 4,2015.

MANANSALA, Petitioner, v.

PEOPLE OF THE PHILIPPINES, 73 Begino v. ABS-CBN Corporation, G.R No. 199166, April
Respondent.
20,2015.

G.R. No. 179741, December 74Polyfoam-RGC International Corp. v. Concepcion, G.R. No.
09, 2015 - HEIRS OF SPOUSES
172349, June 13, 2012, 672 SCRA 148, 159 citing Sasan, Sr.
HILARIO MARINAS AND
v. National Labor Relations Commission, 4th Division, 590 Phil.
BERNARDINA N. MARINAS,
685, 704-705 (2008).

Petitioners, v. BERNARDO

FRIANEZA, RODRIGO FRIANEZA,

75 CA rollo, pp. 122-123.

ALEJANDRA FRIANEZA, HILARIO

VILLENA, SATURNINO VILLENA,

76Polyfoam-RGC International Corporation v. Concepcion,

FEDERICO FLORES, PEDRO
FLORES AND MARCELINA RAMOS, supra note 74 at 161-162.

Respondents.

77San Miguel Corporation v. Semillano, 637 Phil. 115, 129-130
G.R. No. 190482, December (2010).

09, 2015 - DEPARTMENT OF

AGRARIAN REFORM, 78Tomas Lao Construction v. National Labor Relations

REPRESENTED BY MS. FRITZI C.
Commission, 344 Phil. 268, 286-287 (1997).

PANTOJA IN HER CAPACITY AS

PROVINCIAL AGRARIAN REFORM 79Omni Hauling Services, Inc, v. Bon, supra note 64 at 282.
OFFICER OF LAGUNA, Petitioner,
v. IGMIDIO D. ROBLES, RANDY V.

ROBLES, MARY KRIST B.

MALIMBAN, ANNE JAMAICA G.

ROBLES, JOHN CARLO S. ROBLES

Back to Home | Back to Main
AND CHRISTINE ANN V. ROBLES,
Respondents.

G.R. No. 212825, December

07, 2015 - COMMISSIONER OF
INTERNAL REVENUE, Petitioner, v.
NEXT MOBILE, INC. (FORMERLY
NEXTEL COMMUNICATIONS
PHILS., INC.), Respondent.

G.R. No. 174387, December

09, 2015 - BF CORPORATION,
Petitioner, v. WERDENBERG
INTERNATIONAL CORPORATION,
Respondent.

G.R. No. 209689, December

02, 2015 - MARISSA B.
QUIRANTE, Petitioner, v.
OROPORT CARGO HANDLING
SERVICES, INC., ET AL.
Respondents.

G.R. No. 202877, December

09, 2015 - NARRA NICKEL
MINING AND DEVELOPMENT
CORPORATION, TESORO MINING
AND DEVELOPMENT, INC., AND
MCARTHUR MINING, INC.,

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Petitioners, v. REDMONT
CONSOLIDATED MINES
CORPORATION, Respondent.

G.R. No. 202947, December

09, 2015 - ASB REALTY
CORPORATION, Petitioner, v.
ORTIGAS & COMPANY LIMITED
PARTNERSHIP, Respondent.

G.R. No. 213229, December

09, 2015 - FILINVEST ALABANG,
INC., Petitioner, v. CENTURY IRON
WORKS, INC., Respondent.

G.R. No. 210215, December

09, 2015 - ROGELIO S.
NOLASCO, NICANORA N.
GUEVARA, LEONARDA N.
ELPEDES, HEIRS OF ARNULFO S.
NOLASCO, AND REMEDIOS M.
NOLASCO, REPRESENTED BY
ELENITA M. NOLASCO Petitioners,
v. CELERINO S. CUERPO,
JOSELITO ENCABO, JOSEPH
ASCUTIA, AND DOMILO
LUCENARIO, Respondents.

G.R. No. 206942, December

09, 2015 - VICENTE C. TATEL,
Petitioner, v. JLFP
INVESTIGATION AND SECURITY
AGENCY, INC., JOSE LUIS F.
PAMINTUAN, AND/OR PAOLO C.
TURNO, Respondents.

G.R. No. 209271, December

08, 2015 - INTERNATIONAL
SERVICE FOR THE ACQUISITION
OF AGRI-BIOTECH
APPLICATIONS, INC., Petitioner,
v. GREENPEACE SOUTHEAST
ASIA (PHILIPPINES),
MAGSASAKA AT SIYENTIPIKO SA
PAGPAPAUNLAD NG
AGRIKULTURA (MASIPAG), REP.
TEODORO CASIÑO, DR. BEN
MALAYANG III, DR. ANGELINA
GALANG, LEONARDO AVILA III,
CATHERINE UNTALAN, ATTY.
MARIA PAZ LUNA, JUANITO
MODINA, DAGOHOY MAGAWAY,
DR. ROMEO QUIJANO, DR.
WENCESLAO KIAT, JR., ATTY. H.
HARRY ROQUE, JR., FORMER
SEN. ORLANDO MERCADO, NOEL
CABANGON, MAYOR EDWARD S.
HAGEDORN AND EDWIN

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MARTHINE LOPEZ, Respondents.;

CROP LIFE PHILIPPINES, INC.,
Petitioner-in-Intervention.; G.R.
No. 209276 - ENVIRONMENTAL
MANAGEMENT BUREAU OF THE
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES,
BUREAU OF PLANT INDUSTRY
AND FERTILIZER AND PESTICIDE
AUTHORITY OF THE DEPARTMENT
OF AGRICULTURE, Petitioners, v.
COURT OF APPEALS,
GREENPEACE SOUTHEAST ASIA
(PHILIPPINES), MAGSASAKAAT
SIYENTIPIKO SA PAGPAPAUNLAD
NG AGRIKULTURA (MASIPAG),
REP. TEODORO CASINO, DR. BEN
MALAYANG III, DR. ANGELINA
GALANG, LEONARDO AVILA III,
CATHERINE UNTALAN, ATTY.
MARIA PAZ LUNA, JUANITO
MODINA, DAGOHOY MAGAWAY,
DR. ROMEO QUIJANO, DR.
WENCESLAO KIAT, JR., ATTY. H.
HARRY ROQUE, JR., FORMER
SEN. ORLANDO MERCADO, NOEL
CABANGON, MAYOR EDWARD S.
HAGEDORN AND EDWIN
MARTHINE LOPEZ,
RESPONDENTS. CROP LIFE
PHILIPPINES, INC. Petitioner-in-
Intervention.; G.R. No. 209301 -
UNIVERSITY OF THE PHILIPPINES
LOS BANOS FOUNDATION, INC.,
Petitioner, v. GREENPEACE
SOUTHEAST ASIA (PHILIPPINES),
MAGSASAKAAT SIYENTIPIKO SA
PAGPAPAUNLAD NG
AGRIKULTURA (MASIPAG), REP.
TEODORO CASINO, DR. BEN
MALAYANG III, DR. ANGELINA
GALANG, LEONARDO AVILA III,
CATHERINE UNTALAN, ATTY.
MARIA PAZ LUNA, JUANITO
MODINA, DAGOHOY MAGAWAY,
DR. ROMEO QUIJANO, DR.
WENCESLAO KIAT, JR., ATTY.
HARRY R. ROQUE, JR., FORMER
SEN. ORLANDO MERCADO, NOEL
CABANGON, MAYOR EDWARD S.
HAGEDORN AND EDWIN
MARTHINE LOPEZ, Respondents.;
G.R. No. 209430 - UNIVERSITY
OF THE PHILIPPINES, Petitioner,
v. GREENPEACE SOUTHEAST
ASIA (PHILIPPINES),
MAGSASAKAAT SIYENTIPIKO SA
PAGPAPAUNLAD NG

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2/7/22, 3:40 PM G.R. No. 202215, December 09, 2015 - VICMAR DEVELOPMENT CORPORATION AND/OR ROBERT KUA, OWNER, AND ENG…

AGRIKULTURA (MASIPAG), REP.

TEODORO CASINO, DR. BEN
MALAYANG III, DR. ANGELINA
GALANG, LEONARDO AVILA III,
CATHERINE UNTALAN, ATTY.
MARIA PAZ LUNA, JUANITO
MODINA, DAGOHOY MAGAWAY,
DR. ROMEO QUIJANO, DR.
WENCESLAO KIAT, ATTY. HARRY
R. ROQUE, JR., FORMER SEN.
ORLANDO MERCADO, NOEL
CABANGON, MAYOR EDWARD S.
HAGEDORN AND EDWIN
MARTHINE LOPEZ, Respondents.

G.R. No. 169694, December

09, 2015 - MEGAWORLD
PROPERTIES AND HOLDINGS,
INC., EMPIRE EAST LAND
HOLDINGS, INC., AND ANDREW
L. TAN, Petitioners, v. MAJESTIC
FINANCE AND INVESTMENT CO.,
INC., RHODORA LOPEZ-LIM, AND
PAULINA CRUZ, Respondents.

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