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Philippine Supreme Court Jurisprudence > Year 2016 > June 2016 Decisions > G.R. No. 210565, June 28, 2016 -
EMMANUEL D. QUINTANAR, BENJAMIN O. DURANO, CECILIO C. DELAVIN, RICARDO G GABORNI, ROMEL G
GERARMAN, JOEL JOHN P. AGUILAR, RAMIRO T. GAVIOLA, RESTITUTO D. AGSALUD, MARTIN E. CELIS, PATRICIO
L. ARIOS, MICHAEL S. BELLO, LORENZO C. QUINLOG, JUNNE G. BLAYA, SANTIAGO B. TOLENTINO, JR., NESTOR
A. MAGNAYE, ARNOLD S. POLVORIDO, ALLAN A. AGAPITO, ARIEL E. BAUMBAD, JOSE T. LUTIVA, EDGARDO G.
Custom Search Search TAPALLA, ROLDAN C. CADAYONA, REYNALDO V. ALBURO, RUDY C. ULTRA, MARCELO R. CABILI, ARNOLD B.
ASIATEN, REYMUNDO R. MACABALLUG, JOEL R. DELEÑA, DANILO T. OQUIÑO, GREG B. CAPARAS AND ROMEO T.
ESCARTIN, Petitioners, v. COCA-COLA BOTTLERS, PHILIPPINES, INC., Respondent.:
G.R. No. 210565, June 28, 2016 - EMMANUEL D. QUINTANAR, BENJAMIN O. DURANO, CECILIO C.
DELAVIN, RICARDO G GABORNI, ROMEL G GERARMAN, JOEL JOHN P. AGUILAR, RAMIRO T. GAVIOLA,
RESTITUTO D. AGSALUD, MARTIN E. CELIS, PATRICIO L. ARIOS, MICHAEL S. BELLO, LORENZO C.
QUINLOG, JUNNE G. BLAYA, SANTIAGO B. TOLENTINO, JR., NESTOR A. MAGNAYE, ARNOLD S.
POLVORIDO, ALLAN A. AGAPITO, ARIEL E. BAUMBAD, JOSE T. LUTIVA, EDGARDO G. TAPALLA, ROLDAN
C. CADAYONA, REYNALDO V. ALBURO, RUDY C. ULTRA, MARCELO R. CABILI, ARNOLD B. ASIATEN,
REYMUNDO R. MACABALLUG, JOEL R. DELEÑA, DANILO T. OQUIÑO, GREG B. CAPARAS AND ROMEO T.
ESCARTIN, Petitioners, v. COCA-COLA BOTTLERS, PHILIPPINES, INC., Respondent.
EN BANC
DECISION
MENDOZA, J.:
At bench is a Petition for Review on Certiorari under Rule 45 of the Rules of Court assailing the July 11,
2013 Decision1 and the December 5, 2013 Resolution2 of the Court of Appeals (CA) in CA-G.R. SP No.
115469, which reversed and set aside the March 25, 2010 Decision3 and the May 28, 2010 Resolution4
of the National Labor Relations Commission (NLRC), affirming the August 29, 2008 Decision of the Labor
Arbiter (LA), in a case for illegal dismissal, damages and attorney's fees filed by the petitioners against
respondent Coca-Cola Bottlers Philippines, Inc. (Coca-Cola).
The gist of the subject controversy, as narrated by the LA and adopted by the NLRC and the CA, is as
follows:ChanRoblesVirtualawlibrary
Complainants allege that they are former employees directly hired by respondent Coca-
Cola on different dates from 1984 up to 2000, assigned as regular Route Helpers under
the direct supervision of the Route Sales Supervisors. Their duties consist of distributing
bottled Coca-Cola products to the stores and customers in their assigned areas/routes,
ChanRobles Intellectual Property and they were paid salaries and commissions at the average of P3,000.00 per month.
Division After working for quite sometime as directly-hired employees of Coca-Cola, complainants
were allegedly transferred successively as agency workers to the following manpower
agencies, namely, Lipercon Services, Inc., People's Services, Inc., ROMAC, and the latest
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being respondent Interserve Management and Manpower Resources, Inc.
Further, complainants allege that the Department of Labor and Employment (DOLE)
conducted an inspection of Coca-Cola to determine whether it is complying with the
various mandated labor standards, and relative thereto, they were declared to be regular
employees of Coca-Cola, which was held liable to pay complainants the underpayment of
their 13th month pay, emergency cost of living allowance (ECOLA), and other claims. As
soon as respondents learned of the filing of the claims with DOLE, they were dismissed on
various dates in January 2004. Their claims were later settled by the respondent
company, but the settlement allegedly did not include the issues on reinstatement and
payment of CBA benefits. Thus, on November 10, 2006, they filed their complaint for
illegal dismissal.
In support of their argument that they were regular employees of Coca-Cola, the
complainants relied on the pronouncement of the Supreme Court in the case of CCBPI vs.
NOWM, G.R. No. 176024, June 18, 2007, as follows: ChanRoblesVirtualawlibrary
Moreover, having been engaged to perform, such activity for more than a
year all the more bolsters individual complainants' status as regular
employees notwithstanding the contract, oral or written, or even if their
employment was subsequently relegated to a labor contractor."
PHILIPPINES, Respondent.
The Decision of the LA
G.R. No. 203750, June 06, 2016 - JORGE B.
NAVARRA, Petitioner, v. PEOPLE OF THE PHILIPPINES, On August 29, 2008, the LA rendered its decision granting the prayer in the complaint. In its
HONGKONG AND SHANGHAI BANKING CORPORATION, assessment, the LA explained that the documentary evidence submitted by both parties confirmed the
Respondents. petitioners' allegation that they had been working for Coca-Cola for quite some time. It also noted that
Coca-Cola never disputed the petitioners' contention that after working for Coca-Cola through the years,
G.R. No. 209146, June 08, 2016 - PROVINCE OF they were transferred to the various service contractors engaged by it, namely, Interim Services, Inc.
ANTIQUE AND MUNICIPALITY OF CALUYA, Petitioners, (ISI), Lipercon Services, Inc. (Lipercon), People Services, Inc. (PSI), ROMAC, and lastly, Interserve
v. HON. RECTO A. CALABOCAL, JUDGE-DESIGNATE, Management and Manpower Resources, Inc. (Interserve). In view of said facts, the LA concluded that
REGIONAL TRIAL COURT, BRANCH 43, ROXAS,
the petitioners were simply employees of Coca-Cola who were "seconded" to Interserve.6
ORIENTAL MINDORO, PROVINCE OF ORIENTAL
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G.R. No. 200180, June 06, 2016 - BENJAMIN H. contention of Coca-Cola that the petitioners were employees of Interserve, stressing that they enjoyed
CABAÑEZ, Petitioner, v. MARIE JOSEPHINE CORDERO the constitutional right to security of tenure which Coca-Cola could not compromise by entering into a
SOLANO A.K.A. MA. JOSEPHINE S. CABAÑEZ, service agreement manpower supply contractors, make petitioners sign employment contracts with
Respondent.
them, and convert their employment status from regular to contractual.7 chanrobleslaw
G.R. No. 212493, June 01, 2016 - GABRIEL YAP, SR. WHEREFORE, all the foregoing premises being considered, judgment is hereby rendered
DULY REPRESENTED BY GILBERT YAP AND ALSO IN ordering respondent Coca-Cola Bottlers Phils., Inc. to reinstate complainants to their
HIS PERSONAL CAPACITY, GABRIEL YAP, JR., AND former or substantially equivalent positions, and to pay their full backwages which as of
HYMAN YAP, Petitioners, v. LETECIA SIAO, LYNEL August 29, 2008 already amounts to P15,319,005.00, without prejudice to recomputation
SIAO, JANELYN SIAO, ELEANOR FAYE SIAO, SHELETT upon subsequent determination of the applicable salary rates and benefits due a regular
SIAO AND HONEYLET SIAO, Respondents.; G.R. No. route helper or substantially equivalent position on the plantilla of respondent CCBPI.
212504 - CEBU SOUTH MEMORIAL GARDEN, INC.,
Petitioner, v. LETECIA SIAO, LYNEL SIAO, JANELYN
SIAO, ELEANOR FAYE SIAO, SHELETT SIAO AND SO ORDERED.9 chanroblesvirtuallawlibrary
ECARMA, Respondents.
The petitioners sought reconsideration, but they were rebuffed.20 chanrobleslaw
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contractor.24 chanrobleslaw
G.R. No. 172352, June 08, 2016 - LAND BANK OF THE Essentially, the core issue presented by the foregoing petition is whether the petitioners were illegally
PHILIPPINES, Petitioner, v. ALFREDO HABABAG, SR., dismissed from their employment with Coca-Cola. This, in turn, necessitates a determination of the
SUBSTITUTED BY HIS WIFE, CONSOLACION, AND characterization of the relationship between route-helpers such as the petitioners, and softdrink
CHILDREN, NAMELY: MANUEL, SALVADOR, WILSON, manufacturers such as Coca-Cola, notwithstanding the participation of entities such as ISI, Lipercon,
JIMMY, ALFREDO, JR., AND JUDITH, ALL SURNAMED PSI, ROMAC, and Interserve. The petitioners insist that ISI, Lipercon, PSI, ROMAC, and Interserve are
HABABAG, Respondents.; G.R. NOS. 172387-88 - labor-only contractors, making Coca-Cola still liable for their claims. The latter, on the other hand,
ALFREDO HABABAG, SR., SUBSTITUTED BY HIS WIFE, asserts that the said agencies are independent job contractors and, thus, liable to the petitioners on
CONSOLACION, AND CHILDREN, NAMELY: MANUEL,
their own.
SALVADOR, WILSON, JIMMY, ALFREDO, JR., AND
JUDITH, ALL SURNAMED HABABAG, Petitioners, v.
LAND BANK OF THE PHILIPPINES AND THE
Procedural Issues
DEPARTMENT OF AGRARIAN REFORM, Respondent.
Before the Court proceeds to resolve the case on its merits, it must first be pointed out that the
G.R. No. 215994, June 06, 2016 - OFFICE OF THE petitioners erred in resorting to this petition for review on certiorari under Rule 45 of the Rules of Court
OMBUDSMAN AND FIELD INVESTIGATION OFFICE, and alleging, at the same time, that the CA abused its discretion in rendering the assailed decision.
Petitioner, v. ROLANDO B. FALLER, Respondent.
Well-settled is the rule that grave abuse of discretion or errors of jurisdiction may be corrected only by
A.C. No. 11069, June 08, 2016 - RONALDO C. the special civil action of certiorari under Rule 65. Such corrective remedies do not avail in a petition for
FACTURAN, Complainant, v. PROSECUTOR ALFREDO L. review on certiorari which is confined to correcting errors of judgment only. Considering that the
BARCELONA, JR., Respondent. petitioners have availed of the remedy under Rule 45, recourse to Rule 65 cannot be allowed either as
G.R. No. 208475, June 08, 2016 - PEOPLE OF THE
an add-on or as a substitute for appeal.27 chanrobleslaw
RILLON, SPOUSES JOSE TAN AND LETICIA DY TAN, petitioners no longer enjoy the employee-employer relationship they had with Coca-Cola since they
Respondents.
became employees of Interserve. A cursory review of the jurisprudence regarding this matter reveals
that the controversy regarding the characterization of the relationship between route-helpers and Coca-
G.R. No. 201016, June 22, 2016 - LEONCIA A.
YUMANG, Petitioner, v. RADIO PHILIPPINES NETWORK,
Cola is no longer a novel one.
INC. (RPN 9), MIA A. CONCIO, LEONOR C. LINAO, IDA
BARRAMEDA AND LOURDES O. ANGELES, Respondents. As early as May 2003, the Court in Magsalin struck down the defense of Coca-Cola that the
complainants therein, who were route-helpers, were its "temporary" workers. In the said Decision, the
G.R. No. 189401, June 15, 2016 - VIL-REY PLANNERS Court explained: ChanRoblesVirtualawlibrary
INC., Respondent.
Art. 280. Regular and Casual Employment. The provisions of written
G.R. No. 203057, June 06, 2016 - BUREAU OF agreement to the contrary notwithstanding and regardless of the oral
INTERNAL REVENUE AS REPRESENTED BY THE agreement of the parties, an employment shall be deemed to be regular
COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. where the employee has been engaged to perform activities which are
MANILA HOME TEXTILE, INC, THELMA LEE AND SAMUEL usually necessary or desirable in the usual business or trade of the
LE,E, Respondents.
employer, except where the employment has been fixed for a specific
project or undertaking the completion or termination of which has been
G.R. No. 204769, June 06, 2016 - MAGSAYSAY
MARITIME CORP., CSCS BMTERNATIONAL NV AND/OR
determined at the time of the engagement of the employee or where the
MARLON* RONO, Petitioners, v. RODEL A. CRUZ, work or services to be performed is seasonal in nature and the employment
Respondent. is for the duration of the season.
G.R. No. 203336, June 06, 2016 - SPOUSES An employment shall be deemed to be casual if it is not covered by the
GERARDO AND CORAZON TRINIDAD, Petitioners, v. preceding paragraph: Provided, That, any employee who has rendered at
FAMA REALTY, INC. AND FELIX ASSAD, Respondents. least one year of service, whether such service is continuous or broken,
shall be considered a regular employee with respect to the activity in which
G.R. No. 208524, June 01, 2016 - PEOPLE OF THE he is employed and his employment shall continue while such activity
PHILIPPINES, Plaintiff-Appellee, v. BERNARDINO exists.
PERALTAJ MORILLO AND MICHAEL AMBAS Y REYES,
Accused, BERNARDINO PERALTA Y MORILLO, Accused- Coca-Cola Bottlers Phils., Inc. is one of the leading and largest manufacturers of
Appellant.
softdrinks in the country. Respondent workers have long been in the service of petitioner
company. Respondent workers, when hired, would go with route salesmen on board
G.R. No. 209038, June 08, 2016 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RONALD BACALAN
delivery trucks and undertake the laborious task of loading and unloading softdrink
GABUYA AND RYANNEAL MENESES GIRON, Accused- products of petitioner company to its various delivery points.
Appellants.
Even while the language of law might have been more definitive, the clarity of its spirit
G.R. No. 197393, June 15, 2016 - PHILIPPINE and intent, i.e., to ensure a "regular" worker's security of tenure, however, can hardly be
SAVINGS BANK, Petitioner, v. MANUEL P. BARRERA, doubted. In determining whether an employment should be considered regular or non-
Respondent. regular, the applicable test is the reasonable connection between the particular activity
performed by the employee in relation to the usual business or trade of the employer. The
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A.C. No. 11246, June 14, 2016 - ARNOLD PACAO, standard, supplied by the law itself, is whether the work undertaken is necessary or
Complainant, v. ATTY. SINAMAR LIMOS, Respondent. desirable in the usual business or trade of the employer, a fact that can be assessed by
looking into the nature of the services rendered and its relation to the general scheme
G.R. No. 181353, June 06, 2016 - HGL DEVELOPMENT under which the business or trade is pursued in the usual course. It is distinguished from
CORPORATION REPRESENTED BY ITS PRESIDENT, a specific undertaking that is divorced from the normal activities required in carrying on
HENRY G. LIM, Petitioner, v. HON. RAFAEL O. PENUELA,
the particular business or trade. But, although the work to be performed is only for a
IN HIS CAPACITY AS ACTING PRESIDING JUDGE OF
THE REGIONAL TRIAL COURT, 6TH JUDICIAL REGION,
specific project or seasonal, where a person thus engaged has been performing the job
BRANCH 13, CULASI, ANTIQUE AND SEMIRARA COAL for at least one year, even if the performance is not continuous or is merely intermittent,
CORPORATION (NOW SEMIRARA MINING the law deems the repeated and continuing need for its performance as being sufficient to
CORPORATION), Respondents. indicate the necessity or desirability of that activity to the business or trade of the
employer. The employment of such person is also then deemed to be regular with respect
G.R. No. 217575, June 15, 2016 - SOUTH COTABATO to such activity and while such activity exists.
COMMUNICATIONS CORPORATION AND GAUVAIN J.
BENZONAN, Petitioners, v. HON. PATRICIA STO. The argument of petitioner that its usual business or trade is softdrink manufacturing and
TOMAS, SECRETARY OF LABOR AND EMPLOYMENT, that the work assigned to respondent workers as sales route helpers so involves merely
ROLANDO FABRIGAR, MERLYN VELARDE, VINCE "postproduction activities," one which is not indispensable in the manufacture of its
LAMBOC, FELIPE GALINDO, LEONARDO MIGUEL,
products, scarcely can be persuasive. If, as so argued by petitioner company, only those
JULIUS RUBIN, EDEL RODEROS, MERLYN COLIAO, AND
whose work are directly involved in the production of softdrinks may be held performing
EDGAR JOPSON, Respondents.
functions necessary and desirable in its usual business or trade, there would have then
G.R. No. 213919, June 15, 2016 - PEOPLE OF THE been no need for it to even maintain regular truck sales route helpers. The nature of the
PHILIPPINES, Appellee, v. VIRGILIO A. QUIM, work performed must be viewed from a perspective of the business or trade in its entirety
Appellant. and not on a confined scope.
G.R. No. 203152, June 20, 2016 - GEORGIA ROYO The repeated rehiring of respondent workers and the continuing need for their services
ADLAWAN, IN HER OWN BEHALF AND AS SURVIVING clearly attest to the necessity or desirability of their services in the regular conduct of the
SPOUSE OF ALFONSO V. ADLAWAN, Petitioner, v. business or trade of petitioner company. The Court of Appeals has found each of
NICETAS I. JOAQUINO, FLORENCIA J. SON, EUSTOLIA respondents to have worked for at least one year with petitioner company. While this
J. MATA, BEATRIZ J. SATIRA, TERESA J. BERMEJO, Court, in Brent School, Inc. vs. Zamora, has upheld the legality of a fixed-term
CORAZON J. COGINA, MARIA J. NOVAL AND
employment, it has done so, however, with a stern admonition that where from the
VISITACION J. DELA TORRE, Respondents.
circumstances it is apparent that the period has been imposed to preclude the acquisition
G.R. No. 193075, June 20, 2016 - EMMANUEL REYES,
of tenurial security by the employee, then it should be struck down as being contrary to
SR. AND MUTYA M. REYES, Petitioners, v. HEIRS OF law, morals, good customs, public order and public policy. The pernicious practice of
DEOGRACIAS FORLALES, NAMELY: NAPOLEON having employees, workers and laborers, engaged for a fixed period of few months, short
FORLALES, LITA HELEN FORLALES-FRADEJAS, JAIME of the normal six-month probationary period of employment, and, thereafter, to be hired
FORLALES, JR., JULIUS FORLALES FORTUNA, HORACE on a day-to-day basis, mocks the law. Any obvious circumvention of the law cannot be
FORLALES, GALAHAD FORLALES, JR., INDEPENDENCE countenanced. The fact that respondent workers have agreed to be employed on such
FORLALES-FETALVERO, MELITON FORLALES, JR., basis and to forego the protection given to them on their security of tenure, demonstrate
MILAGROS V. FORLALES AND MERCEDES FORLALES- nothing more than the serious problem of impoverishment of so many of our people and
BAUTISTA, Respondents. the resulting unevenness between labor and capital. A contract of employment is
impressed with public interest. The provisions of applicable statutes are deemed written
G.R. No. 208146, June 08, 2016 - VIRGINIA DIO,
into the contract, and "the parties are not at liberty to insulate themselves and their
Petitioner, v. PEOPLE OF THE PHILIPPINES AND
relationships from the impact of labor laws and regulations by simply contracting with
TIMOTHY DESMOND, Respondents.
each other."31 chanroblesvirtuallawlibrary
PAMATONG, Respondent.
As for the certification issued by the DOLE stating that Interserve was an independent job contractor,
G.R. No. 211604, June 08, 2016 - PEOPLE OF THE the Court ruled:ChanRoblesVirtualawlibrary
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G.R. No. 203932, June 08, 2016 - PHILIPPINE of Incorporation, the principal business of Interserve is to provide janitorial and allied
AIRLINES, INC., Petitioner, v. ENRIQUE LIGAN, services. The delivery and distribution of Coca-Cola products, the work for which
EDUARDO MAGDARAOG, JOLITO OLIVEROS, RICHARD respondents were employed and assigned to petitioner, were in no way allied to janitorial
GONCER, EMELITO SOCO, VIRGILIO P. CAMPOS, JR., services. While the DOLE may have found that the capital and/or investments in tools and
LORENZO BUTANAS, RAMEL BERNARDES, NELSON M.
equipment of Interserve were sufficient for an independent contractor for janitorial
DULCE, CLEMENTE R. LUMAYNO, ARTHUR M. CAPIN,
services, this does not mean that such capital and/or investments were likewise sufficient
ALLAN BENTUZAL, AND JEFFREY LLENES, Respondents.
to maintain an independent contracting business for the delivery and distribution of Coca-
G.R. No. 209344, June 27, 2016 - PEOPLE OF THE Cola products.39 chanroblesvirtuallawlibrary
Respondent.
From all these, a pattern emerges by which Coca-Cola consistently resorts to various methods in order
G.R. No. 210673, June 29, 2016 - PEOPLE OF THE to deny its route-helpers the benefits of regular employment. Despite this, the Court, consistent with
PHILIPPINES, Plaintiff and Appellee, v. GILBERT sound pronouncements above, adopts the rulings made in Pacquing that Interserve was a labor-only
CABALLERO Y GARSOLA, Accused-Appellant. contractor and that Coca-Cola should be held liable pursuant to the principle of stare decisis et non
quieta movere.
G.R. No. 206880, June 29, 2016 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ENRIQUE
It should be remembered that the doctrine of stare decisis et non quieta movere is embodied in Article 8
MIRANDA, JR. Y PAÑA @ "ERIKA" AND ALVIN ALGA Y
of the Civil Code of the Philippines which provides:
MIRANDA @ "ALVIN," Accused-Appellants.
ChanRoblesVirtualawlibrary
ART. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a
G.R. No. 205871, June 27, 2016 - RUEL TUANO Y
HERNANDEZ, Petitioner, v. PEOPLE OF THE
part of the legal system of the Philippines.
PHILIPPINES, Respondent.
And, as explained in Fermin v. People:47
G.R. No. 207231, June 29, 2016 - PEOPLE OF THE
PHILIPPINES, Appellee, v. ROGER GALAGATI Y The doctrine of stare decisis enjoins adherence to judicial precedents. It requires courts
GARDOCE, Appellant. in a country to follow the rule established in a decision of the Supreme Court
thereof. That decision becomes a judicial precedent to be followed in subsequent cases
G.R. Nos. 183200-01, June 29, 2016 - PHILIPPINE by all courts in the land. The doctrine of stare decisis is based on the principle that once a
NATIONAL OIL COMPANY-ENERGY DEVELOPMENT question of law has been examined and decided, it should be deemed settled and closed
CORPORATION AND/OR PAUL AQUINO AND ESTER R. to further argument.48
GUERZON, Petitioners, v. AMELYN A. BUENVIAJE,
chanrobleslaw
G.R. No. 219468, June 08, 2016 - JOSE BURGOS, JR., Time and again, the court has held that it is a very desirable and necessary judicial
Petitioner, v. SPOUSES ELADIO SJ. NAVAL AND ARLINA practice that when a court has laid down a principle of law as applicable to a certain
B. NAVAL, AND AMALIA B. NAVAL, Respondents. state of facts, it will adhere to that principle and apply it to all future cases in which the
facts are substantially the same. Stare decisis et non quieta movere. Stand by the
G.R. No. 194664, June 15, 2016 - FLORITA LIAM, decisions and disturb not what is settled. Stare decisis simply means that for the sake of
Petitioner, v. UNITED COCONUT PLANTERS BANK, certainty, a conclusion reached in one case should be applied to those that
Respondent. follow if the facts are substantially the same, even though the parties may be
different. It proceeds from the first principle of justice that, absent any powerful
G.R. No. 194235, June 08, 2016 - PEOPLE OF THE
countervailing considerations, like cases ought to be decided alike. Thus, where
PHILIPPINES, Plaintiff-Appellee, v. JAY GREGORIO Y
the same questions relating to the same event have been put forward by the parties
AMAR @ "JAY," ROLANDO ESTRELLA Y RAYMUNDO @
"BONG," DANILO BERGONIA Y ALELENG @ "DANNY,"
similarly situated as in a previous case litigated and decided by a competent court, the
EFREN GASCON Y DELOS SANTOS @ "EFREN," RICARDO rule of stare decisis is a bar to any attempt to relitigate the same issue.50 chanrobleslaw
G.R. No. 187696, June 15, 2016 - FILOMENA Verily, the doctrine has assumed such value in our judicial system that the Court has ruled that "
CABLING, Petitioner, v. RODRIGO DANGCALAN, [a]bandonment thereof must be based only on strong and compelling reasons, otherwise, the
Respondent. becoming virtue of predictability which is expected from this Court would be immeasurably affected and
the public's confidence in the stability of the solemn pronouncements diminished."51 Thus, only upon
G.R. No. 211065, June 15, 2016 - HEIRS OF JOSE
showing that circumstances attendant in a particular case override the great benefits derived by our
EXTREMADURA, REPRESENTED BY ELENA H.
EXTREMADURA, Petitioners, v. MANUEL EXTREMADURA judicial system from the doctrine of stare decisis, can the courts be justified in setting it aside.
AND MARLON EXTREMADURA, Respondents.
In this case, Coca-Cola has not shown any strong and compelling reason to convince the Court that the
G.R. No. 190876, June 15, 2016 - YELLOW BUS LINE doctrine of stare decisis should not be applied. It failed to successfully demonstrate how or why both the
EMPLOYEES UNION (YBLEU), Petitioner, v. YELLOW LA and the NLRC committed grave abuse of discretion in sustaining the pleas of the petitioners that they
BUS LINE, INC. (YBLI), Respondent. were its regular employees and not of Interserve.
A.C. No. 8677, June 15, 2016 - MARITA CABAS, Second. A reading of the decision of the CA and the pleadings submitted by Coca-Cola before this Court
Petitioner, v. ATTY. RIA NINA L. SUSUSCO AND CHIEF reveals that they both lean heavily on the service agreement52 entered into by Coca-Cola and
CITY PROSECUTOR EMELIE FE DELOS SANTOS,
Interserve; the admission by Interserve that it paid the petitioners' salaries; and the affidavit of
Respondents.
Sambilay who attested that it was Interserve which exercised the power of control over the petitioners.
G.R. No. 196557, June 15, 2016 - GREGORIO
"TONGEE" BALAIS, JR., Petitioner, v. SE'LON BY AIMEE, The service agreements entered into by Coca-Cola and Interserve, the earliest being that dated January
AMELITA REVILLA AND ALMA BELARMINO, 1998,53 (another one dated July 11, 2006)54 and the most recent one dated March 21, 200755 - all
Respondents. reveal that they were entered into One, after the petitioners were hired by Coca-Cola (some of whom
were hired as early as 1984); Two, after they were dismissed from their employment sometime in
G.R. No. 195224, June 15, 2016 - VIRGINIA JABALDE January 2004; and Three, after the petitioners filed their complaint for illegal dismissal on November
Y JAMANDRON, Petitioner, v. PEOPLE OF THE 10, 2006 with the LA.
PHILIPPINES, Respondent.
To quote with approval the observations of the LA:
G.R. No. 199422, June 21, 2016 - COMMISSIONER OF
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CUTAMORA, ROSALIE R. POLICIOS, GENELYN C. April 15, 1995; Ariel Baumbad - January 15, 1995; Jose Lutiya - February 15, 1995;
MUÑEZ, ALOME MIGUE, ELSIE ALCOS, LYDIALYN B. Edgardo Tapalla - August 15, 1994; Roldan Cadayona - May 14, 1996; Raynaldo Alburo -
GODINEZ AND MYRNA S. LOGAOS, Respondents. September 15, 1996; Rudy Ultra - February 28, 1997; Marcelo Cabili - November 15,
1995; Arnold Asiaten - May 2, 1992; Raymundo Macaballug - July 31, 1995; Joel Delena -
G.R. No. 214503, June 22, 2016 - PEOPLE OF THE
January 15, 1991; Danilo Oquino - September 15, 1990; Greg Caparas - August 15,
PHILIPPINES, Plaintiff-Appellee, v. RICO ENRIQUEZ Y
1995; and Romeo Escartin - May 15, 1986.
CRUZ, Accused-Appellant.
G.R. No. 181369, June 22, 2016 - TALA REALTY It should be mentioned that the foregoing allegation of the complainants' onset of their
SERVICES CORP., INC., PEDRO B. AGUIRRE, REMEDIOS services with respondent Coca-Cola has been confirmed by the Bio-Data Sheets
A. DUPASQUIER, DOLLY LIM, RUBENCITO M. DEL submitted in evidence by the said respondent [Coca-Cola]. Thus, in the Bio-Data
MUNDO AND ELIZABETH H. PALMA, Petitioners, v. Sheet of complainant Quintanar (Annex "4"), he stated therein that he was in the service
BANCO FILIPINO SAVINGS & MORTGAGE BANK, of respondent Coca-Cola continuously from 1993 up to 2002. Likewise, complainant
Respondent. Quinlog indicated in his Bio-data Sheet submitted to respondent Interserve that he was
already in the employ of respondent Coca-Cola from 1992 (Annex "12"). Complainant
G.R. No. 170966, June 22, 2016 - REPUBLIC OF THE Edgardo Tapalla also indicated in his Bio-Data Sheet that he was already in the employ of
PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF Coca-Cola since 1995 until he was seconded to Interserve in 2002 (Annex "20").
AGRICULTURE, Petitioner, v. ALBERTO LOOYUKO,
DOING BUSINESS UNDER THE NAME AND STYLE OF
As a matter of fact, complainants' allegation that they were directly hired by respondent
NOAH'S ARK SUGAR HOLDINGS AND WILSON T. GO,
Respondents. Coca-Cola and had been working with the latter for quite sometime when they were
subsequently referred to successive agencies such as Lipercon, ROMAC, People's Services,
A.C. No. 9226 (Formerly CBD 06-1749), June 14, and most recently, respondent Interserve, has not been controverted by the
2016 - MA. CECILIA CLARISSA C, ADVINCULA, respondents. Even when respondent Coca-Cola filed its reply to the complainants'
Complainant, v. ATTY. LEONARDO C. ADVINCULA, position paper, there is nothing therein which disputed complainant's statements of their
Respondent. services directly with the respondent even before it entered into service agreement with
respondent Interserve.56 chanroblesvirtuallawlibrary
HOUSING AUTHORITY, Petitioner, v. MANILA SEEDLING There is "labor-only" contracting where the person supplying workers to an employer does
BANK FOUNDATION, INC., Respondent. not have substantial capital or investment in the form of tools, equipment, machineries,
work premises, among others, and the workers recruited and placed by such person are
A.M. No. MTJ-16-1877 (Formerly OCA IPI No. 13-
2635-MTJ), June 13, 2016 - MOAMAR PANGANDAG, performing activities which are directly related to the principal business of such employer.
Complainant, v. PRESIDING JUDGE OTTOWA B. In such cases, the person or intermediary shall be considered merely as an agent of the
ABINAL, 8TH MUNICIPAL CIRCUIT TRIAL COURT IN employer who shall be responsible to me workers in the same manner and extent as if the
MULONDO, MAGUING, LUMBA-BAYABAO, AND TARAKA, latter were directly employed by him.
LANAO DEL SUR, Respondent.
Expounding on the concept, the Court in Agito explained: ChanRoblesVirtualawlibrary
G.R. No. 188829, June 13, 2016 - REPUBLIC OF THE Fourth. In this connection, even granting that the petitioners were last employed by Interserve, the
PHILIPPINES, HON. RAUL S. GONZALEZ, IN HIS record is bereft of any evidence that would show that the petitioners voluntarily resigned from their
CAPACITY AS SECRETARY OF THE DEPARTMENT OF employment with Coca-Cola only to be later hired by Interserve. Other than insisting that the petitioners
JUSTICE, HON. ALIPIO F. FERNANDEZ, JR., IN HIS were last employed by Interserve, Coca-Cola failed not only to show by convincing evidence how it
CAPACITY AS COMMISSIONER OF THE BUREAU OF severed its employer relationship with the petitioners, but also to prove that the termination of its
IMMIGRATION, HON. ARTHEL B. CAROÑONGAN, HON.
relationship with them was made through any of the grounds sanctioned by law.
TEODORO B. DELARMENTE, HON. JOSE D. CABOCHAN,
AND HON. FRANKLIN Z. LITTAUA, IN THEIR CAPACITY
AS MEMBERS OF THE BOARD OF COMMISSIONERS OF The rule is long and well-settled that, in illegal dismissal cases such as the one at bench, the burden of
THE BUREAU OF IMMIGRATION, Petitioners, v. proof is upon the employer to show that the employees' termination from service is for a just and valid
DAVONN MAURICE C. HARP, Respondent. cause.66 The employer's case succeeds or fails on the strength of its evidence and not the weakness of
that adduced by the employee,67 in keeping with the principle that the scales of justice must be tilted in
favor of the latter in case doubts exist over the evidence presented by the parties.68 chanrobleslaw
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G.R. No. 197122, June 15, 2016 - INGRID SALA
SANTAMARIA AND ASTRID SALA BOZA, Petitioners, v. For failure to overcome this burden, the Court concurs in the observation of the LA that it was highly
THOMAS CLEARY, Respondent.; G.R. No. 197161 - inconceivable for the petitioners, who were already enjoying a stable job at a multi-national company, to
KATHRYN GO-PEREZ, Petitioner, v. THOMAS CLEARY, leave and become mere agency workers. Indeed, it is contrary to human experience that one would
Respondent. leave a stable employment in a company like Coca-Cola, only to become a worker of an agency like
Interserve, and be assigned back to his original employer — Coca-Cola.
G.R. No. 213054, June 15, 2016 - TERESITA TAN,
Petitioner, v. JOVENCIO F. CINCO, SIMON LORI
HOLDINGS, INC., PENTACAPITAL INVESTMENT Although it has been said that among the four (4) tests to determine the existence of any employer-
CORPORATION, FORTUNATO G. PE, RAYMUNDO G. PE, employee relationship, it is the "control test" that is most persuasive, the courts cannot simply ignore
JOSE REVILLA REYES, JR., AND DEPUTY SHERIFF the other circumstances obtaining in each case in order to determine whether an employer-employee
ROMMEL IGNACIO, Respondents. relationship exists between the parties.
G.R. No. 214901, June 15, 2016 - LAND BANK OF THE WHEREFORE, the petition is GRANTED. The July 11, 2013 Decision and the December 5, 2013
PHILIPPINES, Petitioner, v. APOLONIO KHO, Resolution of the Court of Appeals, in CA-G.R. SP No. 115469 are REVERSED and SET ASIDE and the
REPRESENTED BY HIS HEIRS, NAMELY: PERLA LUZ, August 29, 2008 Decision of the Labor Arbiter in NLRC Case Nos. 12-13956-07 and 12-14277-07, as
KRYPTON, KOSELL, KYRIN, AND KELVIN, ALL affirmed in toto by the National Labor Relations Commission, is hereby REINSTATED.
SURNAMED KHO, Respondents.
SO ORDERED.
G.R. No. 211015, June 20, 2016 - CAGAYAN
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HONGKONG (UNIFIL-HK), AND SOLEDAD PILLAS, 34Supra note 23.
Petitioners-in-Intervention.
35 Id. at 934.
G.R. No. 188020, June 27, 2016 - REN TRANSPORT
CORP. AND/OR REYNALDO PAZCOGUIN III, Petitioners,
36 Id. at 925.
v. NATIONAL LABOR RELATIONS COMMISSION (2ND
DIVISION), SAMAHANG MANGGAGAWA SA REN
TRANSPORT-ASSOCIATION OF DEMOCRATIC LABOR 37 Id. at 927.
ASSOCIATIONS (SMART-ADLO) REPRESENTED BY ITS
PRESIDENT NESTOR FULMINAR, Respondents.; G.R. No. 38
188252 - SAMAHANG MANGGAGAWA SA REN
Id. at 929-930.
TRANSPORT-ASSOCIATION OF DEMOCRATIC LABOR
39 Id. at 934.
ASSOCIATIONS (SMART-ADLO) REPRESENTED BY
NESTOR FULMINAR, Petitioner, v. REN TRANSPORT
CORP. AND/OR REYNALDO PAZCOGUIN III, 40 Id. at 930-934.
Respondents.
41 622 Phil. 886 (2009).
G.R. No. 208759, June 22, 2016 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. DIONE BARBERAN
42 G.R. Nos. 174365-66, February 4, 2015, 749 SCRA 541.
AND DIONE DELOS SANTOS, Accused-Appellants.
G.R. No. 209714, June 21, 2016 - RAPHAEL C. 43Resolutions, G.R. 176024, dated March 14, 2007 and June 18, 2007; See rollo, pp.
FONTANILLA, Petitioner, v. THE COMMISSIONER 531-532.
PROPER, COMMISSION ON AUDIT, Respondent.
44 Resolutions, G.R. No. 1771996, dated June 4, 2007 and September 3, 2007; id. at
A.C. No. 10465, June 08, 2016 - SPOUSES LAMBERTO
V. EUSTAQUIO AND GLORIA J. EUSTAQUIO, 547-548.
Complainants, v. ATTY. EDGAR R. NAVALES,
Respondent. 45 See Decision of the Court of Appeals in CA-G.R. SP No. 82457, the subject of the
Court's Minute Resolution in G.R. 176024; id. at 520-530.
G.R. No. 203458, June 06, 2016 - PEOPLE OF THE
PHILIPPINES, Appellee, v. QUIRINO BALMES Y CLEOFE, 46 See Decision of the Court of Appeals in CA-G.R. SP No. 84524, the subject of the
Appellant.
Court's Minute Resolution in G.R. No. 1771996; id. at 533-546.
G.R. No. 203924, June 29, 2016 - ROGER CABUHAT
47 573 Phil. 278 (2008).
AND CONCHITA CABUHAT, Petitioners, v.
DEVELOPMENT BANK OF THE PHILIPPINES,
REPRESENTED BY MANAGER PERLA L. FAVILA, 48 Id. at 287, citing Castillo v. Sandiganbayan, 427 Phil. 785, 793 (2002).
Respondent.
49 573 Phil. 320 (2008).
G.R. No. 211141, June 29, 2016 - HILARIO DASCO,
REYMIR PARAFINA, RICHARD PARAFINA, EDILBERTO
50Id. at 337, citing Ty v. Banco Filipino Savings and Mortgage Bank, 511 Phil. 510, 520-
ANIA, MICHAEL ADANO, JAIME BOLO, RUBEN E. GULA,
ANTONIO CUADERNO AND JOVITO CATANGUI, 521 (2005).
Petitioners, v. PHILTRANCO SERVICE ENTERPRISES
INC/CENTURION SOLANO, MANAGER, Respondents. 51Pepsi-Cola Products, Phil., Inc. v. Pagdanganan, 535 Phil. 540, 554-555 (2006).
G.R. No. 211526, June 29, 2016 - PMI-FACULTY AND 52
EMPLOYEES UNION, Petitioner, v. PMI COLLEGES Denominated as Contract for Substitute or Reliever Services. Rollo, pp. 170-175.
BOHOL, Respondent.
53 Id. at 384-388.
G.R. No. 184666, June 27, 2016 - REPUBLIC OF THE
PHILIPPINES, Petitioner, v. MEGA PACIFIC 54 Id. at 58-62.
ESOLUTIONS, INC., WILLY U. YU, BONNIE S. YU,
ENRIQUE T. TANSIPEK, ROSITA Y. TANSIPEK, PEDRO O. 55
TAN, JOHNSON W. FONG, BERNARD I. FONG, AND Id. at 170-174.
*LAURIANO A. BARRIOS, Respondents.
56 Id. at 639-640.
G.R. No. 208383, June 08, 2016 - FIRST MEGA
HOLDINGS CORP., Petitioner, v. GUIGUINTO WATER 57 Id. at 1315-1318, 1320-1321, 1338-1339, 1342, 1346, 1353-1355.
DISTRICT, Respondent.
58 Id. at 1331, 1337, 1351.
G.R. No. 186050, June 21, 2016 - ARTHUR BALAO,
WINSTON BALAO, NONETTE BALAO, JONILYN BALAO-
STRUGAR, AND BEVERLY LONGID, Petitioners, v. 59 Id. at 1310, 1326-1327, 1333, 1336, 1343, 1344-1345, 1347.
EDUARDO ERMITA, GILBERTO TEODORO, RONALDO
PUNO, NORBERTO GONZALES, GEN. ALEXANDER YANO, 60 Id. at 1348-1350.
GEN. JESUS VERZOSA, BRIG. GEN. REYNALDO MAPAGU,
LT. P/DIR. EDGARDO DOROMAL, MAJ. GEN. ISAGANI 61
CACHUELA, COMMANDING OFFICER OF THE AFP-ISU Id. at 1312, 1314, 1319, 1322, 1324, 1328, 1329.
BASED IN BAGUIO CITY, PSS EUGENE MARTIN, AND
SEVERAL JOHN DOES, Respondents.; G.R. NO. 186059 - 62 Id. at 1751.
EDUARDO SECRETARY TEODORO, RONALDO
SECRETARY GONZALES, SECRETARY ERMITA, GILBERTO 63Aliviado v. Procter and Gamble, Inc., 665 Phil. 542, 554 (2011).
SECRETARY PUNO, NORBERTO GEN. ALEXANDER YANO,
P/DGEN. JESUS VERZOSA, BRIG. GEN. REYNALDO 64Coca
MAPAGU, MAJ. GEN. ISAGANI CACHUELA, AND POL. SR. Cola Bottlers, Philippines, Inc. v. Agito, supra note 23 at 927.
SUPT. EUGENE MARTIN, Petitioners, v. ARTHUR BALAO,
WINSTON JARDELEZA, AND BALAO, NONETTE BALAO, 65 Id. at 929.
CAGUIOA, JJ. JONILYN BALAO-STRUGAR, AND BEVERLY
LONGID, Respondents.** 66Harborview Restaurant v. Labro, 605 Phil. 349, 354 (2009).
G.R. No. 203538, June 27, 2016 - ARTEX 67Philippine
DEVELOPMENT CO., INC., Petitioner, v. OFFICE OF THE Long Distance Telephone Company, Inc. v. Tiamson, 511 Phil. 384, 394
OMBUDSMAN, ATTY. MARISSA E. TIMONES, ERLINDA O. (2005).
MARTEJA, ELIMAR N. JOSE, AND ATTY. LUIS Y. DEL
MUNDO, JR., Respondents. 68TripleEight Integrated Services, Inc. v. National Labor Relations Commission, 359 Phil.
955, 964 (1998).
G.R. No. 202830, June 20, 2016 - SPOUSES ADRIANO
SALISE AND NATIVIDAD PAGUDAR, SPOUSES
TEODORO VIRTUDAZO AND NECITAS SALISE, JEROME
G. DIOLANTO, SPOUSES EULALIO D. DAMASING AND
POTENCIANA LABIA, SPOUSES FRANCISCO AND
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AND VIRGELIA VIRTUDAZO, DELFIN B. SARINAS,
SPOUSES FELIPE C. VIRTUDAZO, JR. AND GRACE TUTO,
SPOUSES ANGEL BARBOSA AND FLORENCIA SALISE,
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MARCELO MANIQUE AND CECILIA CARBON, LARRY
PAMISA, SPOUSES ENRIQUE CARBON AND ERLINDA
SOMO, SPOUSES WILFREDO A. JUANILO AND MINDA
VILLARMIA, SPOUSES FELIX REQUILME AND CERINA QUICK SEARCH
SALVO, SPOUSES CARLITO FABE AND EMELITA
MANGGANA, LUIBEN MAGTO, SPOUSES SERAFIN AND
LILIA SURIGAO, SPOUSES HILARIO BACABIS AND
RETIFICACION DABLO, SPOUSES REYNALDO S. 1901 1902 1903 1904 1905 1906 1907 1908
SALUCOT AND ANECITA DESCALLAR, SPOUSES
HAGENIO PAUG AND EVELITA VIRTUDAZO, SPOUSES 1909 1910 1911 1912 1913 1914 1915 1916
MAXIMO BORREZ AND VILMA SALISE, SPOUSES 1917 1918 1919 1920 1921 1922 1923 1924
FELIMON V. SALVO, JR., EVA MACATOL AND RITA V.
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SALVO, Petitioners, v. DEPARTMENT OF AGRARIAN 1925 1926 1927 1928 1929 1930 1931 1932
REFORM ADJUDICATION BOARD REGION X
ADJUDICATOR ABETO SALCEDO, JR. AND RICARDO 1933 1934 1935 1936 1937 1938 1939 1940
GACULA, Respondents. 1941 1942 1943 1944 1945 1946 1947 1948
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SYNERGY PHILIPPINES, INC. (FORMERLY FIRST ASIA
SYSTEM TECHNOLOGY, INC.), FASTECH
MICROASSEMBLY & TEST, INC., FASTECH
ELECTRONIQUE, INC., AND FASTECH PROPERTIES,
INC., Respondents.
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