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114 G.R. No. 189942, August 09, 2017 - Adtel, Inc. And:or Reynaldo T. Casas, Petitioners, V. Marijoy A.
114 G.R. No. 189942, August 09, 2017 - Adtel, Inc. And:or Reynaldo T. Casas, Petitioners, V. Marijoy A.
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Philippine Supreme Court Jurisprudence > Year 2017 > August 2017 Decisions > G.R. No. 189942, August 09,
2017 - ADTEL, INC. AND/OR REYNALDO T. CASAS, Petitioners, v. MARIJOY A. VALDEZ, Respondent.:
G.R. No. 189942, August 09, 2017 - ADTEL, INC. AND/OR REYNALDO T. CASAS, Petitioners, v. MARIJOY
A. VALDEZ, Respondent.
SECOND DIVISION
RESOLUTION
CARPIO, J.:
The Case
Before the Court is a petition for review on certiorari1 assailing the 28 May 2009 Resolution2 and the 8
October 2009 Resolution3 of the Court of Appeals (CA) in CA-G.R. SP No. 108169.
The Facts
Adtel, Inc. (Adtel) is a domestic corporation engaged in the distribution of telephone units, gadgets,
equipment, and allied products. On 9 September 1996, Adtel hired Marijoy A. Valdez (respondent) to
work as an accountant for the company. Adtel promoted respondent as the company's purchasing and
logistics supervisor.4 Adtel then entered into a dealership agreement with respondent's husband, Angel
Valdez (Mr. Valdez), to distribute Adtel's wideband VHF-UHF television antennas. The dealership
agreement was for twelve (12) months and the agreement was extended for another three (3) months.5
DebtKollect Company, Inc. On 3 February 2006, Mr. Valdez filed a civil case against Adtel for specific performance and damages for
the execution of the terms of the dealership agreement.6 On 10 May 2006, Mr. Valdez also instituted a
criminal complaint for libel against Adtel's chairman, president, and officers.7
On 22 May 2006, Adtel issued a memorandum8 directing respondent to show cause in writing why she
should not be terminated for conflict of interest and/or serious breach of trust and confidence.9 The
memorandum stated that the filing of cases by respondent's husband created a conflict of interest since
respondent had access to vital information that can be used against Adtel.10 Respondent was placed
under preventive suspension by Adtel. On 23 May 2006, respondent denied the charges of Adtel.
Respondent contended that the cases had nothing to do with her being an employee of Adtel and had not
affected her performance in the company.11
On 29 May 2006, Adtel terminated respondent from the company. Respondent filed a complaint for illegal
dismissal with the Labor Arbiter. In her Position Paper,12 respondent alleged that she did not violate any
company rule or policy; neither was she guilty of fraud, nor willful breach of trust. Respondent contended
that she was illegally dismissed without just cause and was entitled to separation pay, backwages, and
damages.
In a Decision13 dated 24 May 2007, the Labor Arbiter dismissed respondent's complaint for illegal
dismissal. The Labor Arbiter found that there existed a conflict of interest between respondent and Adtel.
The Labor Arbiter ruled that respondent was not an ordinary rank-and-file employee but a managerial
ChanRobles Intellectual Property employee with a fiduciary duty to protect the interest of Adtel. The Labor Arbiter held that the civil and
Division criminal cases initiated by respondent's husband indubitably created a conflict of interest that was a just
cause for her dismissal by Adtel.
SO ORDERED.14
In a Decision15 dated 21 May 2008, the National Labor Relations Commission (NLRC) reversed the
decision of the Labor Arbiter. The NLRC ruled that Adtel illegally dismissed respondent. The NLRC held
that Adtel failed to substantially prove the existence of an act or omission personally attributable to the
respondent to serve as a just cause to terminate her employment.
WHEREFORE, the appeal is GRANTED and the assailed Decision is hereby REVERSED and
SET ASIDE. A new one is hereby rendered ordering the respondent company to pay to the
complainant the following amounts:
1. P283,000.00 - representing her separation pay for her almost ten years of service to the
company;
2. P684,600.58 - representing her backwages from May 29, 2006 up to the date of this
Decision;
Plus ten percent (10%) of the total monetary awards, as and for attorney's fees.
SO ORDERED.16
Adtel filed a Motion for Reconsideration which was denied by the NLRC on 24 December 2008. Adtel
received the NLRC Resolution on 5 February 2009. On 7 April 2009, the last day for filing its petition for
certiorari with the CA, Adtel filed a motion for extension of time with the CA. On 22 April 2009, fifteen
August-2017 Jurisprudence (15) days after the last day for filing or the 75th day, Adtel filed its petition for certiorari with the CA.17
G.R. No. 187160, August 09, 2017 - PEOPLE OF THE The Decision of the CA
PHILIPPINES, Appellee, v. ERLINDA A. SISON @
"MARGARITA S. AGUILAR," Appellant. On 28 May 2009, the CA denied the motion for extension and dismissed Adtel's petition for certiorari for
being filed beyond the reglementary period. The CA ruled that Adtel had until 7 April 2009 to file its
G.R. No. 220002, August 02, 2017 - EUGENIO M. petition for certiorari. Instead of filing the petition for certiorari, Adtel filed a motion for extension of time
GOMEZ, Petitioner, v. CROSSWORLD MARINE on 7 April 2009 and subsequently filed its petition for certiorari on 22 April 2009, the last day of the
SERVICES, INC., GOLDEN SHIPPING COMPANY S.A., extended period prayed for by Adtel. The CA held that the reglementary period to file a petition for
AND ELEAZAR DIAZ, Respondents. certiorari can no.longer be extended pursuant to A.M. No. 07-7-12-SC which amended Section 4, Rule 65
of the Rules of Court.18
G.R. No. 185597, August 02, 2017 - JOHN E.R.
REYES AND MERWIN JOSEPH REYES, Petitioners, v.
ORICO DOCTOLERO, ROMEO AVILA, GRANDEUR The dispositive portion of the CA's Resolution states: chanRoblesvirtualLawlibrary
G.R. No. 217777, August 16, 2017 - PRISCILLA Z. A. The Court of Appeals committed a reversible error in denying the petitioners' motion for
ORBE, Petitioner, v. LEONORA O. MIARAL, reconsideration and in dismissing the petition for certiorari on the sole basis of technicality.
Respondent.
B. Technicalities should give way to a judgment on the merits considering that the Labor
G.R. Nos. 144760-61, August 02, 2017 - EVELYN L. Arbiter justly and correctly ruled that the complaint for illegal dismissal against petitioner
MIRANDA, Petitioner, v. SANDIGANBAYAN AND THE was baseless and unmeritorious only to be later reversed by the NLRC upon respondent's
OMBUDSMAN, Respondents.; G.R. Nos. 167311-12 - appeal.21
EVELYN L. MIRANDA, Petitioner, v. SANDIGANBAYAN
AND THE PEOPLE OF THE PHILIPPINES, The Decision of this Court
Respondents.; G.R. Nos. 167316-17 - VENANCIO R.
NAVA, Petitioner, v. HON. SANDIGANBAYAN 4TH We deny the petition.
DIVISION AND THE PEOPLE OF THE PHILIPPINES,
Respondents.; G.R. Nos. 167625-26 - PRIMO C.
OBENZA, Petitioner, v. SANDIGANBAYAN AND THE A.M. No. 07-7-12-SC which amended Section 4, Rule 65 of the Rules of Court states: chanRoblesvirtualLawlibrary
CITY, Respondents.
MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR CERTIORARI
G.R. No. 216161, August 09, 2017 -
COMMISSIONER OF INTERNAL REVENUE, Petitioner, 1. Petitioner's Petition for Certiorari was due for filing yesterday, 06 April 2009 or sixty (60)
v. PHILIPPINE ALUMINUM WHEELS, INC., days from 05 February 2009, the date of receipt of the Resolution dated 24 December
Respondent.
2008 issued by the National Labor Relations Commission (NLRC). Considering that
G.R. No. 189942, August 09, 2017 - ADTEL, INC. yesterday was a holiday, the petition in effect is due today, 07 April 2009.
AND/OR REYNALDO T. CASAS, Petitioners, v.
MARIJOY A. VALDEZ, Respondent. 2. While a draft of the pleading had already been prepared, final revisions have yet to be
completed. However, due to the undersigned counsel's heavy volume of work,
G.R. No. 228887, August 02, 2017 - PEOPLE OF THE petitioner is constrained to request for an additional period of fifteen (15) days
PHILIPPINES, Plaintiff-Appellee, v. DOMINADOR from today or up to 22 April 2009 within which to file the Petition for Certiorari.
UDTOHAN Y JOSE, Accused-Appellant.
3. This motion is not intended to delay the proceedings but is prompted solely by the
G.R. No. 215999, August 16, 2017 - SPS. FELIX A. above-stated reason.
CHUA AND CARMEN L. CHUA, JAMES B. HERRERA,
EDUARDO L. ALMENDRAS, MILA NG ROXAS, EUGENE PRAYER
C. LEE, EDICER H. ALMENDRAS, BENEDICT C. LEE,
LOURDES C. NG, LUCENA INDUSTRIAL
CORPORATION, LUCENA GRAND CENTRAL TERMINAL, WHEREFORE, petitioner respectfully prays for an extension of fifteen (15) days from 07
INC., REPRESENTED BY FELIX A. CHUA, Petitioners, v. April 2009 or up to 22 April 2009 within which to file its Petition for Certiorari.
UNITED COCONUT PLANTERS BANK, ASSET POOL A
(SPV-AMC), REVERE REALTY AND DEVELOPMENT Petitioner prays for such other relief which may be deemed just and equitable under the
CORPORATION, JOSE C. GO AND THE REGISTRAR OF circumstances.29 (Boldfacing and underscoring supplied)
DEEDS OF LUCENA CITY, Respondents.
In Yutingco v. Court of Appeals,30 this Court held that the circumstance of heavy workload alone,
G.R. No. 224302, August 08, 2017 - HON. PHILIP A. absent a compelling or special reason, is not a sufficient justification to allow an extension of the 60-day
AGUINALDO, HON. REYNALDO A. ALHAMBRA, HON. period to file a petition for certiorari, to wit:
DANILO S. CRUZ, HON. BENJAMIN T. POZON, HON.
chanRoblesvirtualLawlibrary
SALVADOR V. TIMBANG, JR., and the INTEGRATED Heavy workload, which is relative and often self serving, ought to be coupled with more
BAR OF THE PHILIPPINES (IBP), Petitioners, v. HIS
compelling reasons such as illness of counsel or other emergencies that could be
EXCELLENCY PRESIDENT BENIGNO SIMEON C.
AQUINO III, HON. EXECUTIVE SECRETARY PAQUITO substantiated by affidavits of merit. Standing alone, heavy workload is not sufficient
N. OCHOA, HON. MICHAEL FREDERICK L. MUSNGI, reason to deviate from the 60-day rule. Thus, we are constrained to state that the Court of
HON. MA. GERALDINE FAITH A. ECONG, HON. DANILO Appeals did not err in dismissing the petition for having been filed late.31
S. SANDOVAL, HON. WILHELMINA B. JORGE-WAGAN,
HON. ROSANA FE ROMERO-MAGLAYA, HON. In Thenamaris Philippines, Inc. v. Court of Appeals,32 this Court held that the heavy workload of counsel
MERIANTHE PACITA M. ZURAEK, HON. ELMO M. is hardly a compelling or meritorious reason for availing a motion for extension of time to file a petition
ALAMEDA, and HON. VICTORIA C. FERNANDEZ- for certiorari. Similarly, in Mid-Islands Power, this Court ruled that the heavy workload and the
BERNARDO, Respondents.; JUDICIAL AND BAR resignation of the lawyer handling the case are insufficient reasons to justify the relaxation of the
COUNCIL, Intervenor. procedural rules under Rule 65. In both Thenamaris and Mid-Islands Power, this Court denied the
motions for extension of time to file a petition for certiorari and held that the heavy workload of counsel
A.C. No. 10562, August 01, 2017 - JEAN MARIE S.
BOERS, Complainant, v. ATTY. ROMEO CALUBAQUIB, was not a compelling reason contemplated by the Rules of Court.
Respondent.
As previously stated in Labao,33 there should be an effort on the part of the party invoking liberality to
G.R. No. 226345, August 02, 2017 - PIONEER advance a reasonable or meritorious explanation for his or her failure to comply with Rule 65.
INSURANCE AND SURETY CORPORATION, Petitioner, Accordingly, in the absence of a more compelling reason cited in the motion for extension of time other
v. APL CO. PTE. LTD., Respondent. than the "undersigned counsel's heavy volume of work," the CA did not commit a reversible error in
dismissing the petition for certiorari.
G.R. No. 211966, August 07, 2017 - JOSE AUDIE
ABAGATNAN, JOSEPHINE A. PARCE, JIMMY WHEREFORE, we DENY the petition. We AFFIRM the Resolutions of the Court of Appeals dated 28 May
ABAGATNAN, JOHN ABAGATNAN, JENALYN A. DE
2009 and 8 October 2009 in CA-G.R. SP No. 108169.
LEON, JOEY ABAGATNAN, JOJIE ABAGATNAN, AND
JOY ABAGATNAN, Petitioners, v. SPOUSES JONATHAN
CLARITO AND ELSA CLARITO, Respondents. SO ORDERED.
G.R. No. 206468, August 02, 2017 - JUDITH D. Peralta, Mendoza, Leonen, and Martires, JJ., concur.
DARINES AND JOYCE D. DARINES, Petitioners, v.
EDUARDO QUIÑONES AND ROLANDO QUITAN,
Respondents. Endnotes:
18 Id.
G.R. No. 187257, August 08, 2017 - REPUBLIC OF
THE PHILIPPINES, REPRESENTED BY THE OFFICE OF
THE SOLICITOR GENERAL (OSG) AS THE PEOPLE'S 19 Id. at 35.
TRIBUNE, AND THE NATIONAL POWER BOARD,
Petitioners, v. HON. LUISITO G. CORTEZ, PRESIDING 20
JUDGE, REGIONAL TRIAL COURT, BRANCH 84, Id. at 13.
QUEZON CITY, ABNER P. ELERIA, MELITO B.
21 Id.
LUPANGCO, NAPOCOR EMPLOYEES CONSOLIDATED
UNION (NECU), AND NAPOCOR EMPLOYEES AND
WORKERS UNION (NEWU), Respondents.; G.R. No. 22 611 Phil. 530 (2009).
187776 - ROLANDO G. ANDAYA, IN HIS CAPACITY AS
SECRETARY OF THE DEPARTMENT OF BUDGET AND 23
MANAGEMENT AND MEMBER OF THE BOARD OF Id. at 535, citing De Los Santos v. Court of Appeals, 522 Phil. 313 (2006).
DIRECTORS OF THE NATIONAL POWER
24 627 Phil. 341 (2010).
CORPORATION, Petitioner, v. HON. LUISITO G.
CORTEZ, PRESIDING JUDGE, REGIONAL TRIAL
COURT, BRANCH 84, QUEZON CITY, ABNER P. ELERIA, 25 649 Phil. 213 (2010).
MELITO B. LUPANGCO, NAPOCOR EMPLOYEES
CONSOLIDATED UNION AND NAPOCOR EMPLOYEES 26
AND WORKERS UNION, Respondents. 683 Phil. 325 (2012).
G.R. No. 190004, August 08, 2017 - LAND BANK OF Main Indices of the Library ---> Go!
THE PHILIPPINES, Petitioner, v. EUGENIO DALAUTA,
Respondent.
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