J.A.B. Bulao & Associates

CASE 2019-0022: VICE MAYOR SHIRLYN L. BIÑAS-NOGRALES, ET AL. VS. COMMISSION ON ELECTIONS (G.R. NO. 246328. SEPTEMBER 10, 2019, CARANDANG, J.) (SUBJECT/S: ELECTIONS; SPECIAL LAW VS CONSTITUION) (BRIEF TITLE: BINAS=NOGRALES ET AL VS COMELEC)

DISPOSITIVE:

“WHEREFORE, the instant petition is hereby GRANTED. COMELEC Resolution No. 10524 is hereby declared NULL and VOID.The elections for the representative of the First Legislative District of South Cotabato, including General Santos City is UPHELD. COMELEC is hereby DIRECTED to CONVENE a Special Provincial Board of Canvassers to PROCLAIM petitioner Shirlyn L. Bafias-Nograles, the winning candidate, as Representative of the First Legislative District of South Cotabato, including General Santos City.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

“The 1987 Constitution is clear: Elections for Congress should be held on the 2nd Monday of May unless otherwise provided by law. The term “unless otherwise provided by law” contemplates two situations ( 1) when the law specifically states when the elections should be held on a date other than the second Monday of May; and (2) when the law delegates the setting of the date of the elections to COMELEC.

Section 1 of R.A. 11243 categorically states that the reapportionment of the 1st District shall “commence in the next national and local elections after the effectivity of this Act.” R.A. 11243 did not specifically provide for a different date. Neither did it delegate unto COMELEC the setting of a different date.

………..

Also, if We were to follow COMELEC’s interpretation, an incongruity would result as the winning candidate in COMELEC’s special elections34 would serve a term less than that provided for in Section 7, Article VI of the 1987 Constitution. Similar to Section 8, the only exception is when another term is “otherwise provided by law.” Again, R.A. 11243 did not provide for a term less than three years, as provided in the 1987 Constitution.

The elections for the First Legislative District of the Province of South Cotabato scheduled on May 13, 2019 should not have been suspended, and the candidate obtaining the most number of votes for the said position must be proclaimed. Consequently, the holdover provision under Section 2 of R.A. 11243 would be inapplicable since there would already be a newly elected and qualified Representative.”

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

SCD-2019-0022-Vice Mayor Shirlyn L. Biñas-Nograles, et al. Vs. Commission on Elections

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.

CASE 2019-0008: REY BEN P. MADRIO VS. ATLAS FERTILIZER CORPORATION (G.R. NO. 241445, 14 AUGUST 2019, PERLAS-BERNABE, J.)  (SUBECT/S: RETIREMENT PLAN) (BRIEF TITLE: MADRIO VS ALTAS FERTILIZER)

DISPOSITIVE:

“WHEREFORE, the petition is DENIED. The Decision dated June 20, 2018 of the Court of Appeals in CA-G.R. SP No. 08194-MIN is hereby AFFIRMED with MODIFICATION. The award of separation benefits  amounting to P84,150.00 in the Decision dated January 31, 2017 and the Resolution dated April 28, 201 7 of the National Labor Relations Commission in NLRC No. MAC-10-014668-2016 is hereby DELETED.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

WHO HAS THE BURDEN TO PROVE RETIREMENT BENEFITS UNDER A RETIREMENT PLAN?

IT IS THE EMPLOYEE. SEPARATION BENEFITS UNDER THE RETIREMENT PLAN ARE NOT IN THE NATURE OF BENEFITS INCURRED IN THE NORMAL COURSE OF BUSINESS SUCH AS SALARIES.

In light of these special conditions, it is fairly apparent that the separation benefits under the Retirement Plan are not in the nature of benefits incurred in the normal course of AFC’s business, such as salary  differentials, service incentive leave pay, or holiday pay. 48 As such, the burden is on the employee to prove his entitlement thereto; 49 failing in which, the latter should not be paid the same.

 TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

SCD-2019-0021-Rey Ben P. Madrio Vs. Atlas Fertilizer Corporation 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.

CASE 2019-0020: MARILYN MEIM M. VDA. DE ATIENZA, COMPLAINANT, – VERSUS – PALERMO I. AGUILAR, SHERIFF IV, OFFICE OF THE CLERK OF COURT, REGIONAL TRIALCOURT, SAN JOSE,OCCIDENTAL MINDORO (A.M. NO. P-19-3988, 24 AUGUST 2019, PERALTA, J.) (SUBJECT/S: DUTIES OF SHERIFF) (BRIEF TITLE: ATIENZA VS AGUILAR)

 DISPOSITIVE:

“WHEREFORE, respondent Palermo I. Aguilar, Sheriff IV of theOffice of the Clerk of Court, Regional Trial Court, San Jose, OccidentalMindoro, is found GUILTY of simple neglect of duty. In lieu of suspension, he is FINED in the amount equivalent to his salary for one ( 1) month, and STERNLY WARNED that a repetition of the same or any similar act shallbe dealt with more severely.

Let a copy of this Decision be attached to the personal records of respondent Aguilar in the Office of the Administrative Services, Office of the Court Administrator.

SO ORDERED.”

 SUBJECTS/DOCTRINES/DIGEST:

DOES SHERIFF HAVE  DISCRETION ON HOW TO PERFORM HIS DUTIES?

NO. HIS COMPLIANCE WITH THE RULES IS NOT MERELY DIRECTORY BUT MANDATORY.

It must be emphasized anew that the above-quoted provisions leave no room for any exercise of discretion on the part of the sheriff on how to perform his or her duties in implementing the writ. A sheriffs compliance with the Rules is not merely directory but mandatory.20 It is well settled that a sheriffs functions are purely ministerial, not discretionary.21 Once a writ is placed in his hand, it becomes his duty to proceed with reasonable speed to enforce the writ to the letter, ensuring at all times that the implementation of the judgment is not unjustifiably deferred, unless the execution of which is restrained by the court. 22 Additionally, even if the writs are unsatisfied or only partially satisfied, sheriffs must still file the reports so that the court, as well as the litigants, may be informed of the proceedings undertaken to implement the writ. Periodic reporting also provides the court insights on the efficiency of court processes after promulgation of judgment. Over all, the purpose of periodic reporting is to ensure the speedy execution of decisions. 23

Thus, from the foregoing, it is then apparent that Aguilar violated the provisions of the Rules of Court prescribing the duties of sheriffs in the implementation of court writs and processes. He failed to observe the procedure in order to ensure the proper administration of justice, and rules which he is presumed to know by heart. The long intervals of time from the service of the writ on the accused cannot be said to be a full and prompt discharge of his responsibility for the speedy and efficient execution of the court’s judgment. It must be stressed that a judgment, if not executed, would be an empty victory on the part of the prevailing party. It is said that execution is the fruit and the end of the suit and is very aptly called the life of the law. 24 It is also indisputable that the most difficult phase of any proceeding is the execution of judgment. Hence, the officers charged with this delicate task must, in the absence of a restraining order, act with considerable dispatch so as not to unduly delay the administration of justice; otherwise, the decisions, orders, or other processes of the courts of justice would be futile. 25

WHY DO SHERIFFS PLAY AN IMPORTANT ROLE IN IMPLEMENTING THE WRIT OF EXECUTION?

BECAUSE IF THE DECISIONS ARE NOT ENFORCED, JUDGEMENTS ARE EMPTY VICTORIES.

Sheriffs, being agents of the court, play an important role, particularly in the matter of implementing the writ of execution. Indeed, [sheriffs] “are tasked to execute final judgments of courts. If not enforced, such decisions are empty victories of the prevailing parties. They must, therefore, comply with their mandated ministerial duty to implement writs promptly and expeditiously. As agents of the law, sheriffs are called upon to discharge their duties with due care and utmost diligence because in serving the court’ writs and processes and implementing its order, they cannot afford to err without affecting the integrity of their office and the efficient administration of justice.”26

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

SCD-2019-0020-MARILYN MEIM M. VDA. DE ATIENZA VS PALERMO I. AGUILAR (A.M. No. P-19-3988, 24 AUGUST 2019)

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.