Supreme Court of the Philippines //oitudobem.co/ Has the exclusive power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission of the law, the integrated bar and legal assistance to the underprivileged. Fri, 23 Feb 2024 08:07:44 +0000 en-US hourly 1 //wordpress.org/?v=6.4.2 //oitudobem.co/wp-content/uploads/2022/02/cropped-sc-seal-Colored.png Supreme Court of the Philippines //oitudobem.co/ 32 32 Supreme Court of the Philippines //oitudobem.co/chief-justice-gesmundo-reassures-support-for-court-stenographers/ Fri, 23 Feb 2024 08:02:59 +0000 //oitudobem.co/?p=117068 Chief Justice Gesmundo Reassures Support for Court Stenographers Read More »

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Chief Justice Gesmundo Reassures Support for Court Stenographers

February 23, 2024

Chief Justice Alexander G. Gesmundo tells court stenographers that the Supreme Court appreciates their work and reaffirms the Court’s commitment that it will remain attentive and responsive to their needs at the 42nd anniversary celebration of the Court Stenographers Association of the Philippines (COSTRAPHIL) held at Punta Villa Resort, Sto. Niño Sur, Arevalo, Iloilo City on February 22, 2024. (Courtesy of the Supreme Court Public Information Office)

Chief Justice Alexander G. Gesmundo extolled the court stenographers for their work to keep the wheels of justice turning especially during the height of the pandemic and assured them of the Supreme Court’s full support.

“[W]e truly appreciate the work that you do, and that we, in turn, will strive to remain attentive and responsive to the needs of our court stenographers,?stressed the Chief Justice who keynoted the 42nd anniversary celebration of the Court Stenographers Association of the Philippines (COSTRAPHIL) held at Punta Villa Resort, Sto. Niño Sur, Arevalo, Iloilo City on February 22, 2024.

Citing COSTRAPHIL’s theme of Pagkatapos ng Pandemya, Magsinadya Kita! Tayo ay magpakasaya, Chief Justice Gesmundo underscored the need to celebrate the resilience that all court employees had displayed over the course of the COVID-19 pandemic. He said: “To celebrate the fact that against immense odds, we made sure that the wheels of justice will not grind to a halt—which is something that was only made possible by the dedication of our court stenographers, who I remember quickly adapted to our use of new technologies and platforms like videoconference hearings at the height of the pandemic.?/p>

The Chief Justice further said that it “is a call to celebrate how the judiciary did not just weather the crisis, but instead met it with grit and grace, using it as an opportunity to learn and improve its work, and as impetus to overcome the longstanding problems that have plagued our justice system.?/p>The Chief Justice lauded the work that court stenographers do which he said, “requires rare skills and incredible resourcefulness.?He said that that court stenographers “are the court’s multi-taskers,?as he noted that they tirelessly listen with intense focus for long hours, take down notes, and meticulously prepare transcripts with the help of tape recorders—and soon, with more sophisticated voice-to-text technologies, and organize the records for quick and easy reference by judges and counsels.

He stressed that the court stenographers play a crucial role in the justice system, saying “the faithful recording of court proceedings is such an important phase in the administration of justice. With accurate stenographic notes delivered efficiently, trial judges are able to reach fair and correct conclusions without undue delay.?/p>

The Chief Justice expressed his gratitude to COSTRAPHIL for its active support and participation in the implementation of the Strategic Plan for Judicial Innovations 2022-2027 (SPJI), which is Court’s blueprint of action for judicial reform with target outcomes of Efficiency, Access, and Innovation.

He was optimistic that COSTRAPHIL will continue to support SPJI’s program of reform, including, up ahead, the development of Network Infrastructure for the Judiciary, which will ensure network interoperability to enhance data-sharing, drive productivity, and foster better communication for organizational excellence, under the outcome of Innovation; a Judiciary-wide Organizational Review and Restructuring to streamline our administrative and adjudicative functions, towards our target outcome of Efficiency; and the Launch of Social Media Info Sites employing user-friendly language in English, Filipino, and the most commonly used dialects to provide easily digestible information on court services and how to access them, under the outcome of Access.Joining the Chief Justice were Court Administrator Raul B. Villanueva, Deputy Court Administrator (DCA) Jenny Lind R. Aldecoa-Delorino, Assistant Court Administrator (ACA) Maria Regina Adoracion Filomena M. Ignacio, ACA Lilian C. Barribal-Co, and Executive Judge Yolanda M. Panaguiton-Gavino.Court Administrator Villanueva, DCA Delorino, and Executive Judge Panaguiton-Gavino gave inspirational messages. COSTRAPHIL National President Cesar C. Saloma delivered the opening remarks.Also present was Governor Arthur R. Defensor, Jr. who also gave a message. Representative Juliene L. Baronda sent a video greeting, while City Mayor Geronimo P. Treñas sent a representative who read his message.More than a thousand participants joined the event of the COSTRAPHIL, which has over 8,000 members nationwide.After his speech at the COSTRAPHIL event, Chief Justice Gesmundo, together with Associate Justice Mario V. Lopez, 2024 Bar Chairperson,  visited the Ramon Q. Avanceña Hall of Justice along Bonifacio Drive, Iloilo City Proper, Iloilo City where they were welcomed by the lower court judges and employees.During the HOJ visit, the Chief Justice briefly discussed the SPJI and expressed his gratitude to all as he reiterated the Court’s call for everyone to continue supporting the SPJI.

On February 21, 2024, a day before the COSTRAPHIL event, the Chief Justice had a dialogue with the Iloilo first- and second-level court judges who discussed their concerns on adjudicative and administrative work. The Chief Justice was joined by Court Administrator Villanueva, DCA Delorino, and Atty. Antonio Ceasar R. Manila from the Office of the Chief Justice. (Courtesy of the Supreme Court Public Information Office)

Chief Justice Alexander G. Gesmundo delivers his message to the more than 1,000 attendees to the 42nd anniversary celebration of the Court Stenographers Association of the Philippines (COSTRAPHIL) held at Punta Villa Resort, Sto. Niño Sur, Arevalo, Iloilo City on February 22, 2024. (Courtesy of the Supreme Court Public Information Office)

Chief Justice Alexander G. Gesmundo and Associate Justice Mario V. Lopez, 2024 Bar Chairperson, visit the Ramon Q. Avanceña Hall of Justice along Bonifacio Drive, Iloilo City Proper, Iloilo City on February 22, 2024. (Courtesy of the Supreme Court Public Information Office)

Chief Justice Alexander G. Gesmundo meets with Iloilo judges to hear their concerns during a dialogue held at Seda Atria in Iloilo City on February 21, 2024. Joining the Chief Justice are Court Administrator Raul B. Villanueva, Deputy Court Administrator Jenny Lind R. Aldecoa-Delorino, and Atty. Antonio Ceasar R. Manila from the Office of the Chief Justice. (Courtesy of the Supreme Court Public Information Office)

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Supreme Court of the Philippines //oitudobem.co/254886-people-of-the-philippines-vs-robert-g-lala-pureza-a-fernandez-agustinito-p-hermoso-and-gerardo-s-surla/ Fri, 23 Feb 2024 00:47:39 +0000 //oitudobem.co/?p=117023

People of the Philippines vs. Robert G. Lala, Pureza A. Fernandez, Agustinito P. Hermoso and Gerardo S. Surla

G.R. No. 254886. October 11, 2023 [Date Uploaded: 02/23/2024]

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Supreme Court of the Philippines //oitudobem.co/237422-people-of-the-philippines-vs-ben-g-bation/ Fri, 23 Feb 2024 00:35:58 +0000 //oitudobem.co/?p=117022

People of the Philippines vs. Ben G. Bation

G.R. No. 237422. February 14 22, 2024 [Date Uploaded: 02/23/2024]

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Supreme Court of the Philippines //oitudobem.co/sc-fines-cagayan-governor-and-macalintal-law-office-for-indirect-contempt/ Thu, 22 Feb 2024 08:01:55 +0000 //oitudobem.co/?p=117010 SC Fines Cagayan Governor and Macalintal Law Office for Indirect Contempt Read More »

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SC Fines Cagayan Governor and Macalintal Law Office for Indirect Contempt

February 22, 2024
The Supreme Court has found Cagayan Governor Manuel N. Mamba (Gov. Mamba) and his counsel Macalintal Law Office guilty of indirect contempt and fined both PHP 30,000 in connection with their failure to justify the filing of a petition for the issuance of a temporary restraining order (TRO) and/or writ of preliminary injunction (WPI), and subsequent withdrawal of the same a week after.

Gov. Mamba was among those invited to attend the hearings of the House Committee on Public Accounts and the House Committee on Suffrage and Electoral Reforms of the 19th Congress (House Committees) following the issuances of two House Resolutions (HR): (1) HR 145: Resolution Urging the Commission on Audit to Conduct a Special Audit and/or Fraud Audit Investigation on the Illegal Expenditures of the Provincial Government of Cagayan During the Campaign Period from March 25, 2022 to May 8, 2022 and (2) HR 146: Resolution Urging the Appropriate Committee of the House of Representatives to Conduct an Inquiry, in Aid of Legislation, on the Inaction of the Commission on Elections into the Open and Massive Distribution of Cash and other Forms of Assistance to Registered Voters and Barangays in the Province of Cagayan During the Prohibited Period from March 25, 2022 to May 9, 2022.

Gov. Mamba declined to attend the hearings on the ground that the Representative-proponent of the HRs is the spouse of a defeated candidate in the 2022 Gubernatorial Elections in Cagayan. He further reasoned that the subject matter of the HRs, i.e., the alleged vote buying using public funds that purportedly occurred in Cagayan during the 2022 Gubernatorial Elections, is also raised as an issue before the Supreme Court in a separate case, G.R. No. 265847. Thus, he could not comment on matters sub judice. Gov. Mamba further declined subsequent invitations to attend hearings citing other reasons.

On August 7, 2023, the House Committees issued two Show Cause Orders requiring Gov. Mamba to explain why he should not be cited in contempt.On August 19, 2023, 50 armed police personnel and five police officials led by Cagayan Police Provincial Director Police Colonel Julio S. Gorospe, Jr. (PCOL Gorospe) served the Contempt Order and Detention Order on Gov. Mamba in the latter’s residence in Naruangan, Tuao, Cagayan.When Gov. Mamba said he would travel to Manila to face the Committee, PCOL Gorospe left the governor’s residence but numerous armed men remained stationed outside, which prompted Gov. Mamba to file on August 22, 2023 the present petition claiming that his liberty had been restrained on account of the “illegally-issued and unconstitutional?Orders.

The Court received the petition at 3:14 p.m. on August 22, 2023, which was then raffled to the Member-in-Charge the next day. On August 24, 2023, the Court En Banc issued the TRO preventing the implementation of the assailed Orders. The Court also furnished a copy of the TRO to PCOL Gorospe and required the House Committees and Representatives Joseph Stephen S. Paduano and Jonathan Keith T. Flores, Chairperson and Vice-Chairperson of the House Committees, respectively, as well as House of Representatives (HOR) Sergeant-at-Arms PMGEN Napoleon C. Taas (PMGEN Taas) (collectively, respondents) to comment on the petition within a non-extendible period of five days from receipt of notice.

However, after the Court had issued the TRO but before proper service to the parties, online news outlets reported that Gov. Mamba had voluntarily surrendered to respondents.

On August 29, 2023, Gov. Mamba filed before the Court a manifestation and motion to withdraw his petition, stating that: (a) even before the Court En Banc could act on the petition and prayer for TRO, the assailed Orders had already been implemented and (b) respondents then approved the release of Gov. Mamba from detention upon showing of proof that he had filed a motion to withdraw his petition.

On the same date, the Court issued a Resolution requiring Gov. Mamba and his counsel, Macalintal Law Office, to show cause why they should not be disciplinarily dealt with or held in contempt.In their Compliance dated September 27, 2023. Gov. Mamba claimed that contrary to news reports, he never voluntarily surrendered to respondents; rather, his liberty had already been restrained by the Cagayan Police as early as August 19, 2023. Gov. Mamba said that his custody was merely turned over to PMGEN Taas on August 24, 2023.Gov. Mamba further claimed that upon his arrival at the HOR, the lawyers of Macalintal Law Office were busy coordinating with the respective secretariats of respondents so that Gov. Mamba would not be detained over the long weekend. Given the circumstance, the law office opted not to make any manifestation to the Court for lack of material time and perceiving that events were still unfolding.The Court, however, found the explanation of Gov. Mamba and Macalintal Law Office in their Compliance unsatisfactory.Gov. Mamba’s allegations in his petition and his subsequent Compliance were inconsistent with one another, said the Court, noting that Gov. Mamba only filed his petition a few days after the assailed Orders were served on him at his residence. Thus, “[i]t can be reasonably deduced that Gov. Mamba’s change of tune in the Compliance is but a flimsy attempt to absolve himself from a contempt citation,?said the Court.

The Court further lamented the fact that Gov. Mamba and his counsel sought for the Court’s immediate action on their prayer for the issuance of TRO/WPI but they themselves could not show the same modicum of urgency by immediately manifesting to the Court any supervening event that would materially affect the proceedings before the Court. Reiterating its 2020 ruling in Bank of Commerce v. Borromeo, the Court reminded that “there should be a greater awareness on the part of litigants that the time of the judiciary, much more so of the Court, is too valuable to be wasted or frittered away.?/p>

Under Rule 71, Section 3(c) of the Rules of Court, punishable as indirect contempt are any abuse or unlawful interference with the processes or proceedings of a court not constituting direct contempt. Likewise, Section 3(d) of the same Rules considers as indirect contempt any improper conduct tending, directly or indirectly to impede, obstruct, or degrade the administration of justice.

“After a punctilious review of the records, numerous news reports that the Court takes judicial notice of, and Gov. Mamba and Macalintal Law Office’s assertions in their Compliance…the Court is convinced that Gov. Mamba and Macalintal Law Office should be cited in indirect contempt under Rule 71, Section 3(c) and (d) of the Rules of Court,?the Court concluded.In addition to the penalty of fine, the Court gave both Gov. Mamba and Macalintal Law Office a stern warning that a repetition of the same or similar act in the future shall be dealt with more severely.The Court also noted that Gov. Mamba’s Petition is now deemed withdrawn, closed, and terminated. Consequently, the previously issued TRO is now dissolved.

As to the letter received by the Court from Cagayan 3rd District Rep. Joseph L. Lara reporting that in multiple instances, Gov. Mamba uttered “unfounded accusations or allegations or words tending to besmirch the [J]udiciary [that] were done willfully and for an illegitimate or improper purpose,?the Court ordered that this be docketed as a separate administrative matter. It also directed Gov. Mamba to show cause within a non-extendible period of 30 days from notice why he should not be held in indirect contempt of court for uttering purportedly contemptuous statements against the Judiciary in the April 29, 2022, May 4, 2022, and May 5, 2022 episodes of the radio program Caygandang Cagayan and during the August 7, 2023 flag ceremony conducted on the Capitol Grounds of the Provincial Government of Cagayan.

The Court also directed Judge Marivic A. Cacatian-Beltran, Presiding Judge of Branch 3, Regional Trial Court of Tuguegarao City, Cagayan, and Judge Jezarene C. Aquino, Presiding Judge of Branch 5, Regional Trial Court of Tuguegarao City, Cagayan to submit their respective comments on the same matter within 30 days from notice. (Courtesy of the Supreme Court Public Information Office)

FULL TEXT of the Resolution in G.R. No. 268540 dated October 24, 2023 (Manuel M. Mamba v. House of Representatives Committee on Public Accounts, et al.) at: //oitudobem.co/268540-20231024-manuel-n-mamba-vs-house-of-representatives-committee-on-public-accounts/

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Supreme Court of the Philippines //oitudobem.co/214741-privatization-and-management-office-vs-firestone-ceramic-inc/ Wed, 21 Feb 2024 08:21:07 +0000 //oitudobem.co/?p=116924

Privatization and Management Office Vs. Firestone Ceramic, Inc.

G.R. No. 214741. January 22, 2024 [Date Uploaded: 02/21/2024]

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Supreme Court of the Philippines //oitudobem.co/251872-people-of-the-philippines-vs-vanessa-banaag-y-baylon/ Wed, 21 Feb 2024 08:19:01 +0000 //oitudobem.co/?p=116919

People of the Philippines Vs. Vanessa Banaag y Baylon

G.R. No. 251872. August 14, 2023 [Date Uploaded: 02/21/2024]

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Supreme Court of the Philippines //oitudobem.co/255889-leonardo-l-justo-vs-technomar-crew-management-corp-technomar-shipping-inc-and-teresita-b-malagiok/ Wed, 21 Feb 2024 08:16:35 +0000 //oitudobem.co/?p=116914

Leonardo L. Justo Vs. Technomar Crew Management Corp., Technomar Shipping, Inc., and Teresita B. Malagiok

G.R. No. 255889. July 26, 2023 [Date Uploaded: 02/21/2024]

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Supreme Court of the Philippines //oitudobem.co/214148-philips-seafood-philippines-corporation-vs-tuna-processors-inc/ Wed, 21 Feb 2024 08:14:34 +0000 //oitudobem.co/?p=116909

Philips Seafood Philippines Corporation Vs. Tuna Processors, Inc.

G.R. No. 214148. February 6, 2023 [Date Uploaded: 02/21/2024]

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Supreme Court of the Philippines //oitudobem.co/253287-people-of-the-philippines-vs-kenneth-john-graham-and-jocelyn-ordinaryo/ Wed, 21 Feb 2024 08:12:02 +0000 //oitudobem.co/?p=116904

People of the Philippines Vs. Kenneth John Graham and Jocelyn Ordinaryo

G.R. No. 253287. July 6, 2022 [Date Uploaded: 02/21/2024]

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Supreme Court of the Philippines //oitudobem.co/12912-dolores-de-vera-vs-atty-cenon-j-navarro/ Wed, 21 Feb 2024 07:45:26 +0000 //oitudobem.co/?p=116894

Dolores De Vera Vs. Atty. Cenon J. Navarro

A.C. No. 12912. November 20, 2023 [Date Uploaded: 02/21/2024]

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