February 02, 2006 NATIONAL ASSOCIATION Petition for RA 9136 The Court declared ERC Order dated OF ELECTRICITY Certiorari for (Electric June 2, 2004 in ERC Case No. 2004- CONSUMERS FOR lack of the Industry 112 VOID because such order, REFORMS (NASECORE), requisite Reform Act of approving the increase of Respondent represented by PETRONILO publication of 2001) and its MERALCOs generation charge ILAGAN, et. al. v. ENERGY the application IRR effective immediately, was made REGULATORY or motion for without giving the consumers any COMMISSION (ERC) and provisional rate opportunity to file their comments MANILA ELECTRIC adjustment. thereon in violation of Section 4(e), COMPANY (MERALCO) Rule 3 of the IRR of the EPIRA. Said G.R. No. 163935 section introduced important requirements among those are: first, the publication of the application itself, not merely the notice of hearing issued by the ERC, in a newspaper of general circulation in the locality where the applicant operates and; second, the need for the ERC to consider the comments or pleadings of the customers and LGU concerned in its action on the application or motion for provisional rate adjustment. February 06, 2006 DEUTSCHE BANK Petition for Rule 64 of the The Court ruled that the trial court in MANILA v. SPOUSES Certiorari for Rules of Court its ruling on the admissibility of its CHUA YOK SEE and admitting documentary exhibits did not commit REBECCA SEE, JOMIRA documentary grave abuse of discretion. Not every CORPORATION, F.E.E. exhibits only as error in proceeding or every erroneous INTERNATIONAL part of the conclusion of law or fact is abuse of PHILIPPINES, INC., testimonies of discretion. A ruling on the admission of JOSEFINA LIM, LUCITA L. the witnesses evidence, even if wrong, is not an KHO, and LILY L. CO who abuse of discretion but simply an G.R. No. 165606 respectively erroneous ruling. As long as the trial testified therein court acts within its jurisdiction, any alleged error committed in the exercise of its discretion will amount to nothing more than mere errors of judgments, correctible by an appeal and not by a petition for certiorari. JAN-DEC Complaint for Law on The Court dismissed the petition CONSTRUCTION sum of money Obligations holding that neither Art. 2242 of the CORPORATION v. COURT and enforcement and Contracts Civil Code nor the enforcement of the OF APPEALS and FOOD of contractors lien is applicable, because said TERMINAL, INC. lien provision applies only to cases in G.R. No. 146818 which there are several creditors carrying on a legal action against an insolvent debtor. Respondent is not a debtor of the petitioner. Respondent is not a party to the Construction Agreement between petitioner and Intermodal. February 09, 2006 BOSTON BANK OF THE Complaint for Law on Sales The Court reversed Court of Appeals PHILIPPINES, (formerly Specific decision holding that a contract of sale BANK OF COMMERCE) v. Performance is perfected at the moment there is a PERLA P. MANALO and and Damages meeting of the minds upon the thing CARLOS MANALO, JR. which is the object of the contract and G.R. No. 158149 the price. A definite agreement as to the price is an essential element of a binding agreement to sell personal or real property because it seriously affects the rights and obligations of the parties. However, it is not enough for the parties to agree on the price of the property. The parties must also agree on the manner of payment of the price of the property to give rise to a binding and enforceable contract of sale or contract to sell. This is so because the agreement as to the manner of payment goes into the price, such that a disagreement on the manner of payment is tantamount to a failure to agree on the price. UNION INDUSTRIES, INC. Illegal Rule 45 of the The Court affirmed the Court of v. GASPAR VALES and Dismissal Rules of Court Appeals decision which affirmed the PRUDENCIO CERDENIA NLRC and Labor Arbiters decision of G.R. No. 140102 dismissing the complaint for illegal dismissal but ordered the payment of separation of benefits. As a rule, factual findings of the Labor Arbiter, when affirmed by the NLRC and the Court of Appeals, are binding on this Court. It is not our function to analyze or weigh all over again the evidence already considered in the proceedings below. Our jurisdiction in a petition for review under Rule 45 of the Rules of Court is limited to reviewing only errors of law. MARICALUM MINING Petition for Remedial Law The Order that we sustained in the CORPORATION v. HON. Certiorari for foregoing fallo is the Quisumbing ARTURO BRION in his the order and Order which is dated July 30, 1997 and official capacity as Acting issuance of a definitely not the Trajano Order which Secretary of Labor and writ of is dated April 17, 1998. Even if we did Employment and the execution based not explicitly annul the Trajano Order, NATIONAL MINES AND on the nevertheless, the tenor of the ALLIED WORKERS Quisumbing Resolutions dispositive portion UNION (NAMAWU Local Order and not indubitably decreed that we sustained 103) on the recent the order dated July 30, 1997 or the G.R. No. 157696-97 Trajano Order Quisumbing Order. Indeed, it is the dispositive part of the judgment that actually settles and declares the rights and obligations of the parties finally, definitively, authoritatively, notwithstanding the existence of inconsistent statements in the body that may tend to confuse. It is the dispositive part that controls, for purposes of execution. Hence, there is no doubt that it was the Quisumbing order, not the Trajano order, that we upheld in our Resolution and which should be the basis of the writ of execution. February 10, 2006 ALLGEMEINE-BAU- Petition for Rule 58 of the An original action for injunction is CHEMIE PHILS., INC. v. issuance of a Rules of Court outside the jurisdiction of the Court of METROPOLITAN BANK & Writ of and Batas Appeals, however. Under B.P. 129, the TRUST CO., HONORABLE Preliminary Pambansa Blg. appellate court has original jurisdiction N.C. PERELLO, Presiding Injunction 129 only over actions for annulment of Judge of the REGIONAL judgments of the RTCs and has TRIAL COURT- original jurisdiction to issue writs of MUNTINLUPA, BRANCH mandamus, prohibition, certiorari, 276 and SHERIFF FELIX habeas corpus and quo warranto, and FALCOTELLO auxiliary writs or processed whether or G.R. No. 159296 not they are in aid of its appellate jurisdiction. PAN PACIFIC Action for Law on Deeply embedded in our jurisprudence INDUSTRIAL SALES CO., nullification or Evidence is the rule that notarial documents INC. v. COURT OF rescission of celebrated with all the legal requisites APPEALS and NICOLAS Deeds of under the safeguard of a notarial CAPISTRANO Absolute Sale certificate is evidence of a high G.R. No. 125283 character and to overcome its recitals, it is incumbent upon the party challenging it to prove his claim with clear, convincing and more than merely preponderant evidence. The burden of proof to overcome the presumption of due execution of a notarial document lies on the one contesting the same. Furthermore, an allegation of forgery must be proved by clear and convincing evidence, and whoever alleges it has the burden of proving the same. February 13, 2006 ROLANDO LIMPO v. Complaint for Law on It is settled that a compromise COURT OF APPEALS and Sum of Money Contracts agreement cannot bind persons who SECURITY BANK AND are not parties to it. This rule is based TRUST COMPANY on Article 1311 (1) of the Civil Code G.R. No. 144732 which provides that contracts take effect only between the parties, their assigns, and heirs x x x x. The sound reason for the exclusion of non-parties to an agreement is the absence of a vinculum or juridical tie which is the efficient cause for the establishment of an obligation. In the Compromise Agreement that was presented to the trial court, there is no question that only the Spouses Uy and the Bank were parties. Limpo did not participate in its execution and there was no reference to him in any of its provisions. He cannot be bound by the Compromise Agreement. Thus, a decision that fails to expressly mention the liability of one of the defendants will be taken to mean that he has been absolved in that case. From this pronouncement, the failure to mention Limpo in the judgment of the RTC of Pasig will correspondingly mean his absence of liability to the Bank. As this implied declaration became final with the approval of the Compromise Agreement, the Court of Appeals instruction to continue the proceedings against Limpo in Civil Case No. 62226 amount to an alteration of a matter that is already res judicata. SPOUSES CRISOLOGO Complaint for Rules on Civil An action may be dismissed when ABINES and PRISCILLA O. collection of Procedure there is another action pending ABINES v. BANK OF THE sum of money between the same parties for the same PHILIPPINE ISLANDS and and damages cause. This ground for dismissal is BPI FAMILY BANK commonly known as litis pendentia, G.R. No. 167900 the requisites of which are: (a) identity of parties or at least such as representing the same interests in both actions; (b) identity of rights asserted and reliefs prayed for, the relief being founded on the same facts; and (c) the identity of the two cases should be such that the judgment that may be rendered in one would, regardless of which party is successful, amounts to res judicata in the other. The resolution of both cases revolve on the validity and enforceability of the promissory notes and real estate mortgages and foreclosure proceedings. A judgment in the COLLECTION CASE will be res judicata in the REFORMATION CASE and vice versa. The same evidence would be presented and the same subject matter would be litigated. February 16, 2006 PHILIPPINE PORTS Petition for EO No. 159 What is clear from Section 1, which is AUTHORITY and JUAN O. Certiorari (Reverting to cited by petitioners as legal basis of PEA, ARTURO S. seeking to annul the Philippine their claim, is that all revenues of the BERNARDINO and the Decision of Ports Authority Philippine Ports Authority generated VICENTE D. RAMOS, for the Commission its Corporate from the administration of its port of their own and in behalf of the on Audit Autonomy, port-oriented services and from PPA Officials and Employees disallowing the ensuring the whatever sources shall be utilized v. COMMISSION ON grant of hazard rapid exclusively for the operations of the AUDIT duty pay and development Philippine Ports Authority as well as G.R. No. 159200 birthday cash of ports or the for the maintenance, improvement and gift to officials port systems development of its port facilities. and employees directly under Nowhere in the above provisions can it of Philippine it, and be found that the PPA Board of Ports Authority authorizing it Directors is authorized to grant to execute port additional compensation, allowances or projects under benefits to the employees of the PPA. its port Neither does PD No. 857, otherwise program) known as the Revised Charter of the Philippine Ports Authority, authorize PPA or its Board of Directors to grant additional compensation, allowances or benefits to PPA employees. Hence, PPA grant of birthday cash gift in 1998 per PPA Memorandum Circular No. 22-97 is without legal basis. Petitioners also cannot use PPAs corporate autonomy under EO No. 159 to justify PPAs grant of the hazard duty pay in the first semester of 1997. JOSE TEOFILO T. Contempt Freedom of A person charged with contempt of MERCADO and MA. speech and court for his utterances which clearly AGNES R. MERCADO v. privacy of constitute contempt may not ordinarily SECURITY BANK communicatio escape liability by merely invoking the CORPORATION n constitutional guaranty of freedom of G.R. No. 160445 speech. Liberty of speech must not be confused with abuse of such liberty. When he attributed those contemptuous remarks to Chief Justice Davide and the ponente, Mercado abused such liberty. His statements cast aspersions to their reputation and integrity and create distrust to the Judiciary. February 17, 2006 FIL-ESTATE Land PD 1529 Respondents application for MANAGEMENT INC., Registration (Property registration of a parcel of land already MEGATOP REALTY Registration covered by a Torrens title is actually a DEVELOPMENT, INC., Decree) collateral attack against petitioners title PEAKSUN ENTERPRISES not permitted under the principle of AND EXPORT CORP., indefeasibility of a Torrens title. It is ARTURO DY, AND ELENA well settled that a Torrens title cannot DY JAO v. GEORGE H. be collaterally attacked; the issue on TRONO, MA. TERESA the validity of the title, i.e., whether or TRONO, MA. VIRGINIA not it was fraudulently issued, can only TRONO, JESSE TRONO, be raised in an action expressly MA. CRISTINA TRONO, instituted for the purpose. Hence, PATRICIA TRONO, MA. whether or not respondents have the DIVINA TRONO, right to claim title over the property in INOCENCIO TRONO, JR., question is beyond the province of the CARMEN TRONO and instant proceeding. That should be ZENAIDA TRONO threshed out in a proper action. It has G.R. No. 130871 been invariably stated that the real purpose of the Torrens System is to quiet title to land and to stop forever any question as to its legality. Once a title is registered, the owner may rest secure, without the necessity of waiting in the portals of the court, or sitting on the mirador su casa to avoid the possibility of losing his land. February 20, 2006 HON. EXECUTIVE Constitutionalit RA 7227 The proscription in the importation of SECRETARY, HON. y of Article 2, (Philippine used motor vehicles should be SECRETARY OF THE Section 3.1 of Bases operative only outside the Freeport and DEPARTMENT OF Executive Order Conversion the inclusion of said zone within the TRANSPORTATION AND No. 156 and ambit of the prohibition is an invalid COMMUNICATION Development modification of RA 7227. Indeed, (DOTC), Act) and its when the application of an COMMISSIONEER OF IRR administrative issuance modifies CUSTOMES, ASSISTANT existing laws or exceeds the intended SECRETARY, LAND scope, as in the instant case, the TRANSPORTATION issuance becomes void, not only for OFFICE (LTO), being ultra vires, but also for being COLLECTOR OF unreasonable. CUSTOMS, SUBIC BAY Furthermore, the importation ban FREE PORT ZONE, AND should be declared void for its too CHIEF OF LTO, SUBIC sweeping and unnecessary application BAY FREE PORT ZONE v. to the Freeport which has no bearing SOUTHWING HEAVY on the objective of the prohibition. If INDUSTRIES, INC., the aim of the EO is to prevent the represented by its President entry of used motor vehicles from the JOSE T. DIZON, UNITED Freeport to the customs territory, the AUCTIONEERS, INC., solution is not to forbid entry of these represented by its President vehicles into the Freeport, but to DOMINIC SYTIN, and intensify governmental campaign and MICROVAN, INC., measures to thwart illegal ingress of represented by its President used motor vehicles into the customs MARIANO C. SONON territory. G.R. No. 164171/G.R. No. 164172/G.R. No. 168741 MONEYTREND LENDING Complaint for Rule on Civil In a long line of decision, the Court has CORPORATION, Annulment of Procedure in repeatedly held that, while the rules of MERCANTILE CREDIT Documents, relation to procedure are liberally construed, the RESOURCES Real Estate period of filing provisions on reglementary periods are CORPORATION, RMJ Mortgages, of pleadings strictly applied, indispensable as they AGRO-INDUSTRIAL Promissory are to the prevention of needless delays DEVELOPMENT Notes and and are necessary to the orderly and CORPORATION and Annulment of speedy discharge of judicial business. PROVINCIAL SHERIFF OF Foreclosure The same is true with respect to the AKLAN v. COURT OF Proceedings rules on the manner and periods for APPEALS, THE HEIRS OF perfecting appeals. It bears stressing SOTERANIA SIEL that the time perfection of an appeal is G.R. No. 165580 a mandatory requirement not to be trifled with as a mere technicality to suit the interest of a party. The rules on periods for filing appeals are to be observed religiously and the parties who seek to avail themselves of the privilege must comply with the rules. The failure to perfect an appeal as required by law renders the judgment final, immutable and executor. POSEIDON Complaint for Art. 280 of the In fine, inasmuch as private FISHING/TERRY DE Illegal Labor Code respondents functions as described JESUS v. NATIONAL Dismissal above are no doubt usually necessary LABOR RELATIONS or desirable in the usual business or COMMISSION and JIMMY trade of petitioner fishing company and S. ESTOQUIA he was hired continuously for 12 years G.R. No. 168052 for the same nature of tasks, we are constrained to say that he belongs to the ilk of regular employee. Being one, private respondents dismissal without valid cause was illegal. And, where illegal dismissal is prove, the worker is entitled to back wages and other similar benefits without deductions or conditions. WESTMONT Complaint for Labor Law on In constructive dismissal, the employer PHARMACEUTICALS Illegal Termination of has the burden of proving that the INC., UNITED Dismissal Employment transfer of an employee is for just and LABORATORIES, INC., valid grounds, such as genuine and/or JOSE YAO business necessity. The employer must CAMPOS, CARLOS be able to show that the transfer is not EJERCITO, ERNESTO unreasonable, inconvenient, or SALAZAR, ELIEZER prejudicial to the employee. It must not SALAZAR, JOSE involve a demotion in rank or a SOLIDUM, JR. v. diminution of salary and other benefits. RICARDO C. SAMANIEGO If the employer cannot overcome this G.R. Nos. 146653-54/G.R. burden of proof, the employees transfer Nos. 147407-08 shall be tantamount to unlawful constructive dismissal. There may also be constructive dismissal if an act of clear insensibility or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him except to forego his continued employment. This was what happened to Samaniego. Thus, he is entitled to reinstatement without loss of seniority rights, full backwages, inclusive of allowances and other benefits or their monetary equivalent, computed from the time his compensation was withheld from him up to the time of his actual reinstatement. February 22, 2006 PHILIPPINE CARPET Illegal Labor Law on The retrenchment effected by EMPLOYEES Dismissal and Termination of respondent corporation is invalid due ASSOCIATION (PHILCEA), Union Busting Employment to a substantive defect, noncompliance for and in behalf of its 77 with the substantial requirements to Members Affected v. HON. effect a valid retrenchment; it PATRICIA STO. TOMAS, necessarily follows that the termination SECRETARY OF LABOR of the employment of petitioners AND EMPLOYMENT, union members on such ground is, PHILIPPINE CARPET likewise, illegal. As such, they MANUFACTURING (petitioner union members) are entitled CORPORATION, to reinstatement with full backwages. PATRICIO LIM, EVELYN However, in the case of those LIM FORBES, RAFAEL employees-members of Petitioner VILLAREAL and MANUEL Union who have received their IKE DIAZ respective separation pay, the amount G.R. No. 168719 of such payments shall be deducted from the backwages due them. Where reinstatement is no longer feasible because the positions they previously held no longer exits, respondent Corporation shall pay the employees- members of petitioner union backwages plus, in lieu of reinstatement, separation pay equivalent to one-month pay or one- half month pay for every year of service, whichever is higher. February 23, 2006 REPUBLIC PLANTERS Complaint for Art. 2199 of To prove actual damages, the best BANK v. RICARDO O. breach of the Civil Code evidence available to the injured party MONTINOLA, JR. and contract and must be presented: the court cannot RAMON MONFORT damages rely on uncorroborated testimony G.R. No. 134728/G.R. No. whose truth is suspect nut must depend 134794 upon competent proof that such damages have been actually suffered. x x x x The Civil Code, in its Art. 2199 expressly stated that except as provided by law or by stipulation, one is entitled to an adequate compensation only by such pecuniary loss suffered by him as he has duly proved. x x x x The reduced amount of actual damages awarded by the CA complies with the foregoing provision, being the adequate compensation for the pecuniary loss which petitioners could have possibly suffered under the circumstances established by the evidence proffered. Anything over and above such amount would definitely result in their unjust enrichment at the expense of RPB. The court will not allow such inequitable situation. February 27, 2006 EDWIN SALUSIANO Complaint for Finding that the requisites for a writ of MATUTINA v. annulment of preliminary injunction to issue, to wit: PHIILIPPINE NATIONAL mortgage with (1) that the complainant has a clear BANK prayer for the legal right; (2) that his right has been G.R. No. 165570 issuance of a violated and the invasion is material TRO and and substantial; and (3) there is an preliminary urgent and permanent necessity for the injunction writ to prevent serious damage, were not present as the trial court simply adopted the general allegations of the [herein petitioner] in his Complaint which were not supported by proof x x x x. ABACUS SECURITIES Complaint for Section 23 and Otherwise stated, the margin CORPORATION v. RUBEN sum of money 25 of the requirements set out in the RSA are U. AMPIL Revised primarily intended to achieve a G.R. No. 160016 Securities Act macroeconomic purpose -- the protection of the overall economy from excessive speculation in securities. Their recognized secondary purpose is to protect small investors. The law places the burden of compliance with margin requirements primarily upon the brokers and dealers. Sections 23 and 25 and Rule 25-1, otherwise known as the mandatory close-out rule, clearly vest upon petitioner the obligation, not just the right, to cancel or otherwise liquidate a customers order, if payment is not received within three days from the date of purchase. The word shall as opposed to the word may, is imperative and operates to impose a duty, which may be legally enforced. For transactions subsequent to an unpaid order, the broker should require its customer to deposit funds into the account sufficient to cover each purchase transaction prior to its execution. These duties are imposed upon the broker to ensure faithful compliance with the margin requirements of the law, which forbids a broker from extending undue credit to a customer. INTERNATIONAL Action for Rule 45 and Petitioners Petition EXCHANGE BANK v. HON. Quieting of Title Rule 65 of the for Certiorari should be dismissed for COURT OF APPEALS, THE and/or Removal Rules of Court adopting the wrong mode of HON. ANTONIO M. of Annotations appeal. Petitioner received the Court of ESTEVES, in his capacity as Appeals resolution denying its Motion the Presiding Judge of RTC for Reconsideration on 19 August Branch V, Bagio City, and 2004. Petitioners remedy should have AYALA LAND been to appeal before this Court from INCORPORATED the resolution of the appellate court by G.R. No. 165403 filing a petition for review on certiorari under Rule 45 of the Rules of Civil Procedure within 15 days from receipt of said resolution. Instead, on 13 October 2004, or 55 days after receipt of said resolution, petitioner filed before this Court its Motion for Extension of Time to File Petition for Certiorari praying that it be given an extension of 15 days within which to file its petition. Presumably, petitioner resorted to this special civil action because it had failed to take an appeal within the 15-day reglementary period which expired on 03 September 2004. This Court has already elucidated in numerous cases that the special civil action for certiorari cannot be used as a substitute for an appeal which the petitioner already lost. We have time and again reminded members of the bench and bar that a special civil action for certiorari under Rule 65 lies only when there is no appeal nor plain, speedy and adequate remedy in the ordinary course of law. Certiorari cannot be allowed when a party to a case fails to appeal a judgment to the proper forum despite the availability of that remedy, certiorari not being a substitute for lost appeal. SOCIAL SECURITY Claim for SSS Art. 164 of the SYSTEM v. ROSANNA H. death benefits Family Code It bears stressing that under Art. 164 of AGUAS, JANET H. AGUAS, the Family Code, children conceived or and minor JEYLNN H. born during the marriage of the parents AGUAS, represented by her are legitimate. Legal Guardian, ROSANNA H. AGUAS Indeed, impugning the legitimacy of a G.R. No. 165546 child is a strictly personal right of the husband or, in exceptional cases, his heirs. In this case, there is no showing that Pablo challenged the legitimacy of Jeylnn during his lifetime. Hence, Jeylnns status as a legitimate child of Pablo can no longer be contested.
The presumption that Jeylnn is a
legitimate child is buttressed by her birth certificate bearing Pablos signature, which was verified from his specimen signature on file with petitioner. A birth certificate signed by the father is a competent evidence of paternity.
The presumption of legitimacy under
Article 164, however, can not extend to Janet because her date of birth was not substantially proven. Such presumption may be availed only upon convincing proof of the factual basis therefor, i.e., that the childs parents were legally married and that his/her conception or birth occurred during the subsistence of that marriage. It should be noted that respondents likewise submitted a photocopy of Janets alleged birth certificate. However, the Court cannot give said birth certificate the same probative weight as Jeylnns because it was not verified in any way by the civil register. It stands as a mere photocopy, without probative weight.
Unlike Jeylnn, there was no
confirmation by the civil register of the fact of Janets birth on the date stated in the certificate.
In any case, a record of birth is
merely prima facie evidence of the facts contained therein. Here, the witnesses were unanimous in saying that Janet was not the real child but merely adopted by Rosanna and Pablo. Leticia also testified that Janets adoption did not undergo any legal proceedings; hence, there were no papers to prove it. Under Section 8(e) of Republic Act No. 1161, as amended, only legally adopted children are considered dependent children. Absent any proof that the family has legally adopted Janet, the Court cannot consider her a dependent child of Pablo, hence, not a primary beneficiary. February 28, 2006 TELENGTAN BROTHERS Action for Art. 1250 of Extraordinary inflation or deflation, as & SONS, INC. v. UNITED payment of the Civil Code the case may be, exists when there is STATES LINES, INC. and demurrage an unusual increase or decrease in the the COURT OF APPEALS charges purchasing power of the Philippine G.R. No. 132284 peso which is beyond the common fluctuation in the value of said currency, and such increase or decrease could not have been reasonably foreseen or was manifestly beyond the contemplation of the parties at the time of the establishment of the obligation. Extraordinary inflation can never be assumed; he who alleges the existence of such phenomenon must prove the same. The Court holds that there has been no extraordinary inflation within the meaning of Article 1250 of the Civil Code. Accordingly, there is no plausible reason for ordering the payment of an obligation in an amount different from what has been agreed upon because of the purported supervention of extraordinary inflation. ELSA TAGUNICAR and Complaint for Act 3135 (Act EMERSON TAGUNICAR v. sum of money to Regulate the Section 3 of Act No. 3135, as amended LORNA EXPRESS CREDIT Sale of provides that notice shall be given by CORP. Property under posting notices of the sale for not less G.R. No. 138592 Special Powers than twenty days in at least three inserted in or annexed to real public places of the municipality or estate city where the property is situated, and mortgages) if such property is worth more than four hundred pesos, such notice shall also be published once a week for at least three consecutive weeks in a newspaper of general circulation in the municipality or city.
The language of the above law is clear,
explicit and unequivocal. It admits no room for interpretation. This is a basic legal precept.
Records show that the notice of auction
sale was posted in three public places in the Municipality of Taguig and Pasig City. The said notice was published once a week for three consecutive weeks or on October 4, 11 and 18, 1997 in Bongga, a newspaper of general circulation. Thus, the mandatory requirements of notice and publication were complied with. TPI PHILIPPINES Complaint for Art. 283 of the As mandated by Article 283 of the CEMENT CORPORATION, Illegal Labor Code Labor Code, the employer shall serve TPI PHILIPPINES VINYL Dismissal on the worker and the DOLE notice of CORPORATION and THUN retrenchment to prevent losses, at least TRITASAVIT v. one month before the intended date BENEDICTO A. CAJUCOM thereof. VII Records show that on December 3, G.R. No. 149138 1998, petitioners sent respondent and the DOLE separate notices of retrenchment effective December 30, 1988. Following the provision of Article 283, these notices should have been served one month before, or on November 30, 1998. Clearly, petitioners failed to comply with the one-month notice requirement. NICANOR T. SANTOS DEVELOPMENT CORPORATION v. HON. SECRETARY, DEPARTMENT OF AGRARIAN REFORM, DAR ADJUDICATION BOARD & MUNICIPAL AGRARIAN REFORM OFFICE (ANDREA F. DALMACIO), TUBA, BENGUET G.R. No. 159654