ART.3 SEC. 1.RIGHT TO LIFE, LIBERTY AND
PROPERTY
G.R. No. 162994
Duncan Association Of Detailman-PTGWO and Pedro A. Tecson,
petitioner
vs. Glaxo Wellcome
Philippines, Inc., respondent
September 19, 2005
FACTS:
Petitioner
Pedro Tecson was hired on Oct. 25, 1995 by respondent Glaxo Wellcome
Philippines, Inc. as a medical representative. He was assigned to market
Glaxo's products in the Camarines Sur-Camarines Norte sales area. Upon his
employment, Tecson signed an employment contract, wherein he agreed, among
others, to study and abide by existing company rules; to disclose to management
any existing or future relationship by consanguinity or affinity with
co-employees or employees of competing drug companies; and if management found that such relationship posed a possible
conflict of interest, to resign from the company.
On
September, 1998 Tecson married Bettsy, an employee of a rival pharmaceutical
firm Astra Pharmaceuticals as the branch coordinator. The relationship,
including the subsequent marriage, dismayed Glaxo. On January 1999, Tecson's superiors
informed him that his marriage to Bettsy had given rise to a conflict of
interest. Negotiations ensued, with Tecson adverting to his wife's possible
resignation from Astra, and Glaxo making it known that they preferred to retain
his services owing to his good performance. Yet no resolution came to pass. In
September 1999, Tecson applied for a transfer to Glaxo's milk division, but his
application was denied in view of Glaxo's "least-movement-possible"
policy. Then in November 1999, Glaxo transferred Tecson to the Butuan
City-Surigao City-Agusan del Sur sales area. Tecson asked Glaxo to reconsider
its decision, but his request was denied. Tecson sought Glaxo’s reconsideration
regarding his transfer and brought the matter to Glaxo’s Grievance Committee.
Glaxo, however, remained firm in its decision and gave Tescon until February 7,
2000 to comply with the transfer order. Tecson defied the transfer order and
continued acting as medical representative in the Camarines Sur-Camarines Norte
sales area.
On Nov. 15, 2000, the Nat’l. Conciliation and
Mediation Board ruled that Glaxo’s policy was valid. Glaxo's policy on relationships
between its employees and persons employed with competitor companies, and
affirming Glaxo's right to transfer Tecson to another sales territory.
This decision was assailed by petitioners before the Court of Appeals
and the Court, but for nothing.
ISSUE:
1)Whether or Not Glaxo’s policy
against its employees marrying employees from competitor companies is valid,
and in not holding that said policy violates the equal protection clause of the
Constitution;
(2) Whether Tecson was
constructively dismissed.
RULING:
The record shows
that Tecson was cognizant about the policy imposed by Glaxo company, upon signing the contract, he
voluntarily set his hands to follow the said policies. Albeit employees are
free to cultivate relationships w/ and marry persons of their own choosing.
What the company merely seeks to avoid is a conflict of interest between the
employee and the company that may arise out of such relationships. After
Tecson married Bettsy, Glaxo gave him time to resolve the conflict . Glaxo even
expressed its desire to retain Tecson in its employ because of his satisfactory
performance and suggested that his wife would be the one to resign
instead. Glaxo likewise
acceded to his repeated requests for more time to resolve the conflict of
interest. When the problem could not be resolved after several years of
waiting, Glaxo was constrained to reassign Tecson to a sales area different
from that handled by his wife for Astra. Notably, the Court did not terminate
Tecson from employment but only reassigned him to another area where his home
province, Agusan del Sur, was included. In
effecting Tecson’s transfer, Glaxo even considered the welfare of Tecson’s
family. Clearly, the
foregoing dispels any suspicion of unfairness and bad faith on the part of
Glaxo.
WHEREFORE, the Petition is DENIED for lack of merit.
Costs against petitioners.
SEC. 4.FREEDOM OF ASSEMBLY & TO
PETITION THE GOVT.
G.R. Nos. 123562-65
LEONORA A.
GESITE, FE LAMOSTE, ADELAIDA MACALINDOG, and GUIA C. AGATON, petitioners,
vs. THE
COURT OF APPEALS, THE CIVIL SERVICE COMMISSION, and THE SECRETARY OF THE
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS, respondents
November 25, 2004
FACTS:
On September 17, 1990, a regular
school day, about 800 teachers in Metro Manila had a mass action, assembled in
front of the DECS offices to air their grievances and did not held classes. DECS
Secretary Isidro Cariño, brushed aside their complaints, warning them they
would lose their jobs for taking illegal mass actions. He then ordered
the teachers to return to work within twenty-four (24) hours, otherwise they
will be dismissed from the service, directed the DECS officials to initiate
immediate administrative proceedings against those found disobedient.
Petitioners Gesite, Lamoste,
Macalindog and Agaton were included to
those who did not report for work on September 19-21, 1990. Hence, the
DECS Secretary filed administrative complaints against them for defying his
return-to-work order. They were charged with grave misconduct, gross
neglect of duty, gross violation of the Civil Service Law and Regulations,
refusal to perform official duty, gross insubordination, conduct prejudicial to
the best interest of the service, and absence without official leave.
Despite receipt of notice to file
their answer within seventy-two (72) hours but not more than five (5) days,
petitioners failed to do so. Consequently, they were deemed to have
waived their right to controvert the charges. They were found guilty as
charged and ordered dismissed from the service. Subsequently, this
penalty was reduced to nine (9) months suspension for petitioners Adelaida
Macalindong and Guia Agaton and six (6) months suspension for petitioners
Leonora Gesite and Fe Lamoste.
Petitioners appealed to the Merit System Protection
Board, but it was denied. On appeal to the Civil Service Commission (CSC), the
same was also denied for lack of merit. They are found liable for “conduct
prejudicial to the best interest of the service” on the ground that they “acted
without due regard to the adverse consequences of their action which
necessarily resulted in the suspension and stoppage of classes, to the
prejudice of the pupils/students to whom (they) were responsible.” The CSC
imposed upon them the penalty of six (6) months suspension without pay. Their
respective motions for reconsideration were denied.
ISSUE:
Whether
or Not the mass action launched by the Public school teachers from Sept. up to
the first half of Oct. constituted a concerted and unauthorized stoppage of, or
absence from performing the duty as teachers due to economic reasons is valid.
RULING:
The issue in joining the mass actions, failed
to hold classes to the prejudice of their students while the petitioners have
the right to assemble peaceably to air their grievances, however they should
have exercised such right in a lawful manner.It is undisputed fact that there
was a work stoppage and that petitioners’ purpose was to realize their demands
by withholding their services.
Despite the constitutional right to form
associations under the Constitution, employees in the public service may not
engage in strikes, mass leaves, walkouts and other forms of mass actions that
will lead to temporary stoppage or disruption of public service. The right of government
employees to organize is limited to the formations of unions or
associations only, without including the right to strike. (Bangalisan
vs. CA, 276 SCRA 619)
The petitioners
are not therefore entitled to their salaries during their suspension because
the general proposition is that a public official is not entitled to any
compensation if he had not rendered any service.
WHEREFORE, the petition is DENIED. Costs
against petitioners.
SEC. 6.THE RIGHT TO
TRAVEL
A.M. No. P-11-2999
SHEILA G.
DEL ROSARIO, COURT STENOGRAPHER III, RTC, BRANCH 36, SANTIAGO CITY, ISABELA, complainant, vs. MARY ANNE C. PASCUA,
COURT STENOGRAPHER III, SAME COURT, respondent.
February 27, 2012
FACTS:
Respondent Mary Anne Pascua
traveled to Hong Kong on 1 to 6 June 2008 during her leave of absence without
securing a travel authority from the Supreme Court and that she omitted to
state her intended foreign travel in her leave application. Complainant charged also respondent of
dishonesty for misrepresenting her date of birth as 27 June 1974 in her
official documents, when her registered date of birth in the National
Statistics Office is 7 August 1974.
Respondent
maintained that she failed to secure a travel authority from the Supreme Court
due to inefficiency. Respondent assumed that since she did not have custody of
and is not accountable for government funds, then she is not required to secure
a clearance from the Office of the Court Administrator before she can travel
abroad. On the discrepancy in her date of birth, respondent claimed that she is
in the process of correcting her Certificate of Live Birth to reflect her true
date of birth which is 7 August 1974.
ISSUE:
Whether or Not a government employee
unauthorized foreign travel during her l
leave of absence
is unconstitutional.
RULING:
Undeniably that the use of leave of absence can be
regulated without impairing the employees’ right to privacy and to travel. It
can only be impaired upon lawful order of the court and the interest of
national security, public safety, health is at stake and as maybe provided by
law. In promulgation of the Civil Service Commission the Omnibus Rules
Implementing Book V of Executive Order No. 292, of which Rule XVI is the
Omnibus Rules on Leave. Such rules and regulations are adopted to balance the
well-being and benefit of the government employees and the efficiency and
productivity in the government service. Thus, the requirement of securing
approval for any leave of absence is a reasonable and valid regulation to
insure continuity of service in the government. However, once a leave of
absence is approved, any restriction during the approved leave on the right to
travel of the government employee violates his or her constitutional right to
travel.
The administrative complaint against Mary Anne C. Pascua is
therefore DISMISSED.
sec.12.Rights of an accused
under custodial investigation
G.R. No. 112262.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs. ARMANDO RODRIGUEZ CAMAT and WILFREDO TANYAG DEL ROSARIO, accused-appellants
April 2,
1996
FACTS:
On September 1,
1985 at about 9:00 o’clock in the evening, Nelson Sinoy and
Gonzalo Penalver, both members of the Philippine Marine(s)
stationed at Fort Bonifacio,
Makati, Metro Manila, were walking along Quirino Avenue,
Paranaque, Metro Manila
Were followed by two men, one of them, Wilfredo del Rosario rushed
to Nelson Sinoy,
kicked the latter. Armando Camat followed del Rosario and pulled
out a knife and
stabbed Nelson Sinoy. Gonzalo Penalver kicked Camat who in turn
stabbed the former,
hitting him at the right rib. When Penalver kicked Camat he became
outbalanced.
Wilfredo del Rosario then grabbed the clutch bag from him
(Penalver).
Realizing they
were at the losing end, Sinoy and Penalver ran away. With the aid
Of somebody who identified himself as a policeman, they were
brought to the San Juan
de Dios Hospital.
Nelson Sinoy died at the San Juan
de Dios Hospital.Gonzalo Penalver was transferred to the AFP Medical Center on
September 2, 1985. The patient was discharged from the hospital only on March
15, 1986.
In traversing the criminal charge,
appellants interposed the defense of alibi and denied any participation in the commission
of the felony.
Patrolman Odeo Cariño, to whom the
case was assigned for investigation on September 2, 1985, stated based on the
testimony of the unidentified witness and since Camat fitted the description of the murdere given. Prior to the incident,
he was arrested by the police officers due to act of lasciviousness. Carino
directly said that appellant Camat orally admitted to him his participation in the killing of the soldier
during interrogation at the police precinct. In
addition, Camat also allegedly gave the names of Wilfredo del Rosario and one
Roland as his co-conspirators in the crime charged, and alluded to appellant
Del Rosario as the one who actually stabbed Sinoy.
ISSUE:
1)Whether or Not the the extrajudicial
confession of accused violates his rights under
custodial investigation.
2) Is the testimony of a single
witness is given much weight and sufficient
enough to convict?
RULING:
In the absence of the
appellants duly advised of the mandatory
guarantees under the Bill of Rights, their confessions made before Patrolman
Cariño are inadmissible against them and cannot be used in support of their
conviction.
Trial courts should further keep in
mind that even if the confession of the accused is gospel truth, if it was made
without the assistance of counsel, it is inadmissible in evidence regardless of
the absence of coercion or even if it had been voluntarily given.
However, even disregarding the
extrajudicial confessions of appellants, the judgment of conviction rendered by
the lower court stands and can be sustained. Worthy of consideration It is well
settled that the testimony of a single eyewitness, if found convincing,
sufficient and trustworthy by the trial court and the prosecution has
satisfactorily proved the guilt of both accused beyond reasonable boubt.
WHEREFORE, the judgment appealed from
is hereby AFFIRMED, with the modifications that appellants are declared guilty
of the crime of robbery with homicide, and the civil indemnity for the death of
Nelson Sinoy is hereby increased to P50,000.00 in consonance with the present
jurisprudential policy.
SEC.1. RIGHT TO DUE PROCESS
G.R. NO. 172538
ISABELO ESPERIDA, LORENZO HIPOLITO, and ROMEO DE BELEN, petitioners vs. FRANCO K.
JURADO, respondent
April 25, 2012
FACTS:
On February 5, 2001, petitioners Isabelo
Esperida, Lorenzo Hipolito, and Romeo de Belen filed a Complaint for illegal
dismissal against respondent Franco K. Jurado, Jr. before the Labor
Arbiter.
On March
14, 2002, the Labor Arbiter rendered a Decisionin favor of petitioners,
declaring that they have been illegally dismissed and awarding them their
corresponding backwages and separation pay. Respondent appealed the decision
before the National Labor Relations Commission but the latter issued a resolution dismissing the appeal and
affirming the decision of the Labor Arbiter in toto.
On December 13, 2004, the CA rendered a Decision dismissing the petition and affirming
the assailed Resolution of the NLRC. pespondent then filed a motion for
reconsideration of the decision, which was eventually denied in the Resolution on September 27, 2005.
However, during the pendency of the motion for
reconsideration, or on July 21,
2005, respondent filed before the CA a Petition to declare petitioners in
Contempt of Court against the petitioners. In the said petition, respondent
sought to declare herein petitioners guilty of indirect contempt of court on
the basis of their alleged acts of dishonesty, fraud, and falsification of
documents to mislead the CA to rule in their favor.
Finding the petition to be sufficient in form and
substance, the CA issued a Resolution ordering herein petitioners to file their Answer
within 15 days from notice, showing cause why they should not be adjudged guilty
of indirect contempt of court.
On February 8, 2006, counsel for petitioners filed his
entry of appearance, together with a motion for extension of time, seeking that
petitioners be granted 15 days from February 3, 2006, or up to February 18,
2006, within which to submit their Answer to the petition.
On March
2, 2006, the CA issued one of the assailed resolutions denying the motion for
extension due to the delay and contained no explanation upon failure of filing
it personally.
Hence, the petitioners
motions for extentions due to the reasons of counsel’s workload and
failed to give instructions to his liaison officer to mail the motion and the
distance is impossible for personal service. Again, through the counsel, prayed
the resolution be set aside.
On April
19, 2006, the CA issued the other assailed Resolution, denying both the Omnibus Motion and
Second Motion for Extension for lack of merit.
In denying the motions, the CA ratiocinated that petitioners
did not file their answer within the reglementary period and clearly disregarded
the rules of procedure. petitioners’ plea for liberality is, therefore,
undeserving of any sympathy.
ISSUE:
Whether or Not the the Court of appeals
erred in considering the case submitted for decision without giving petitioners
their inherent and inalienable right to due process of law.
RULING:
The Court of Appeals erred in considering the
case deemed submitted for resolution without the answer of petitioners and without
setting and conducting a hearing on a fixed date and time on which petitioners
may personally, or through counsel, answer the charges against them.
The contempt case against
petitioners is still in the early stage of the proceedings. The proceedings have not reached that
stage wherein the court below has set a hearing to provide petitioners with the
opportunity to state their defenses. Certainly,
a hearing affords the contemner the opportunity to adduce before the court documentary
or testimonial evidence in his behalf. The hearing will also allow the court a
more thorough evaluation of the defense of the contemner, including the chance
to observe the accused present his side in open court and subject his defense
to interrogation from the complainants or the court itself. In fine, the proper procedure must be
observed and petitioners must be afforded full and real opportunity to be
heard.
WHEREFORE, premises considered, the
petition is granted. The
Resolutions of the Court of Appeals are REVERSED and SET ASIDE. The Court of Appeals is ORDERED to admit petitioners’ Answer.
The case shall not be deemed
submitted for resolution until a hearing is conducted in accordance with the
Rules. The Court of Appeals
is directed to resume the proceedings below with
dispatch.
