G.R. Nos. 183200-01, June 29, 2016
PHILIPPINE NATIONAL OIL COMPANY-ENERGY DEVELOPMENT CORPORATION AND/OR PAUL AQUINO AND ESTER R. GUERZON, Petitioners, v. AMELYN A. BUENVIAJE, Respondent.
G.R. Nos. 183253 & 183257
AMELYN A. BUENVIAJE, Petitioner, v. PHILIPPINE NATIONAL OIL COMPANY-ENERGY DEVELOPMENT CORPORATION, PAUL A. AQUINO AND ESTER R. GUERZON, Respondents.
D E C I S I O N
Before us are consolidated petitions for review on certiorari1 of the Decision2 dated October 31, 2007 and Resolution3 dated June 3, 2008 of the Court of Appeals (CA) in CA-G.R. S.P. Nos. 94359 and 94458. The CA partially modified the Resolutions4 of the National Labor Relations Commission (NLRC) dated September 27, 2005 and January 31, 2006, which in turn partially modified the Decision5 of the Labor Arbiter dated December 10, 2004.
By copy of this letter, HRMD [Human Resources Management Division] is instructed to amend your present employment status from your present position as Assistant to the President (co-terminus) to regular status and as such you will be entitled to all the rights and privileges granted to your new position under the company's benefit policies subject to existing rules and regulations. This appointment is subject to confirmation by your immediate superior based on your performance during the next six months. x x x For record purposes, please take note that your regular status is retroactive to July 1, 2001. This date will be used for the computation of your service credits, retirement and other company benefits allowed under company policy.13cralawredPursuant to the instructions in the appointment letter, Buenviaje affixed her signature to the letter, signifying that she has read and understood its contents.14ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, judgment is hereby rendered declaring complainant a regular employee. As a consequence thereof, her dismissal without any basis is hereby deemed illegal. Respondents PNOC-Energy Development Corporation, and/or Paul Aquino and Ester R. Guerzon are hereby ordered to reinstate complainant to her former position without loss of seniority rights and other benefits and with full backwages reckoned from August 1, 2004 up to her actual or payroll reinstatement, which as of this date is in the amount of P718,260.40.The Labor Arbiter held that Buenviaje was a regular employee because her appointment letter clearly says so. Any doubt caused by the statement in the appointment letter that Buenviaje's appointment was subject to confirmation must be resolved against PNOC-EDC. In addition, PNOC-EDC failed to prove that reasonable standards were explained to Buenviaje at the time of her engagement, thusly negating PNOC-EDC's claim that she was merely a probationary employee. The Labor Arbiter noted that PNOC-EDC even admitted that the alleged standards were only set and discussed with Buenviaje more than a month after her actual appointment.25ChanRoblesVirtualawlibrary
Further, for having acted with manifest bad faith and given the extent of the damage done to complainant who occupies a high managerial position, respondents are jointly and severally ordered to pay complainant moral damages in the amount of P1,000,000.00 and exemplary damages in the amount of P500,000.00.
Finally, respondents are hereby ordered to return to complainant the amount of P51,692.72, which they illegally deducted from her last salary and to pay the sum equivalent to ten percent of the judgment award as and by way of attorney's fees.
SO ORDERED.24 (Emphasis in the original.)cralawred
WHEREFORE, premises considered, the appeal is partly GRANTED and the Decision dated 10 December 2004 is hereby MODIFIED ordering respondent-appellant PNOC-Energy Development Corporation to pay complainant-appellee financial assistance in the amount of P229,681.35 only and her accrued wages in the amount of P1,224,967.28 for the period covering December 2004, the date of the decision ordering her reinstatement until the date of this Resolution. The order to return to complainant-appellee the amount of P51,692.72, which represents deduction from her salary and not raised on appeal, STANDS. Finally, the award of moral and exemplary damages and attorney's fees, as well as the joint and solidarily (sic) liability of individual respondents Paul A. Aquino and Ester R. Guerzon are hereby DELETED.The NLRC agreed with the Labor Arbiter that Buenviaje was a regular employee of PNOC-EDC, noting that the terms of her appointment expressly grants a regular status of employment.30 The NLRC also found that PNOC-EDC admitted that Buenviaje has been performing the functions of a Marketing Division Manager for more than six (6) months before she was formally appointed to the said position.31 Nevertheless, the NLRC ruled that she was not illegally dismissed because she did not enjoy security of tenure.32 The NLRC noted that the condition in Buenviaje's appointment letter, which provided that her appointment is subject to confirmation by her immediate superior based on her performance during the next six (6) months, was clear and understood by her when she affixed her signature to the appointment letter.33 The NLRC concluded that only upon confirmation of her appointment will Buenviaje enjoy the right to security of tenure.34 As it was, PNOC-EDC found her performance unsatisfactory and Buenviaje failed to disprove these findings. Therefore, Buenviaje failed to complete her appointment as a regular employee and her non-confirmation cannot be considered as an illegal dismissal.35ChanRoblesVirtualawlibrary
SO ORDERED.29 (Emphasis in the original.)cralawred
WHEREFORE, in view of all the foregoing, the September 27, 2005 and January 31, 2006 Resolutions of the NLRC are MODIFIED as follows:The CA found no reason to disturb the findings of both the Labor Arbiter and the NLRC that Buenviaje was a regular employee of PNOC-EDC. However, it disagreed with the NLRC's ruling that Buenviaje failed to acquire security of tenure. The CA stated that where an employee has been engaged to perform activities which are usually necessary or desirable in the usual business of the employer, such employee is deemed a regular employee and is entitled to security of tenure notwithstanding the contrary provisions of his contract of employment.39 As a regular employee, Buenviaje may only be dismissed if there are just or authorized causes. Thus, PNOC-EDC's reasoning that she failed to qualify for the position cannot be countenanced as a valid basis for her dismissal.40ChanRoblesVirtualawlibrary
For having been illegally dismissed, petitioner Amelyn Buenviaje is entitled to receive a separation pay equivalent to 1/2 month pay for every year of service (with a fraction of at least 6 months considered one whole year) in lieu of reinstatement. In addition she is also to receive full backwages inclusive of allowances and other benefits or their monetary equivalent, computed from the time the compensation was withheld up to the finality of this decision.
The other awards in the NLRC decision as well as the deletion of the joint and solidary liabilities of Paul A. Aquino and Ester R. Guerzon are hereby AFFIRMED.
SO ORDERED.38 (Emphasis in the original.)cralawred
- Whether Buenviaje was a permanent employee;
- Whether Buenviaje was illegally dismissed;
- Whether Buenviaje is entitled to moral and exemplary damages as well as attorney's fees;
- Whether Buenviaje should be given separation pay in lieu of reinstatement; and
- Whether Aquino and Guerzon should be held jointly and severally liable to Buenviaje.
Accordingly, at the time of her formal appointment to the position on February 2, 2004, Amelyn Buenviaje has been performing the functions of a Senior Manager of the Marketing Division for almost six months. After having had the opportunity to observe her performance for almost six months as Senior Marketing Manager, PNOC should not have formally appointed her if she appeared to have been unqualified for the position. But as it is, Amelyn Buenviaje was formally appointed and given a regular status. x x x46cralawredThis intention was clear notwithstanding the clause in the appointment letter saying that Buenviaje's appointment was subject to confirmation by her immediate superior based on her performance during the next six (6) months. This clause did not make her regularization conditional, but rather, effectively informed Buenviaje that her work performance will be evaluated later on. PNOC-EDC, on the other hand, insists that this clause demonstrates that Buenviaje was merely a probationary employee. Consequently, when she failed to meet the standards set by PNOC-EDC, the latter was well within its rights not to confirm her appointment and to dismiss her.
(a) On June 27, 2004, Abbott caused the publication in a major broadsheet newspaper of its need for a Regulatory Affairs Manager, indicating therein the job description for as well as the duties and responsibilities attendant to the aforesaid position; this prompted Alcaraz to submit her application to Abbott on October 4, 2004;We concluded that "[c]onsidering the totality of the above-stated circumstances, it cannot, therefore, be doubted that Alcaraz was well-aware that her regularization would depend on her ability and capacity to fulfill the requirements of her position as Regulatory Affairs Manager and that her failure to perform such would give Abbott a valid cause to terminate her probationary employment."60ChanRoblesVirtualawlibrary
(b) In Abbott's December 7, 2004 offer sheet, it was stated that Alcaraz was to be employed on a probationary status;
(c) On February 12, 2005, Alcaraz signed an employment contract which specifically stated, inter alia, that she was to be placed on probation for a period of six (6) months beginning February 15, 2005 to August 14, 2005;
(d) On the day Alcaraz accepted Abbott's employment offer, Bernardo sent her copies of Abbott's organizational structure and her job description through e-mail;
(e) Alcaraz was made to undergo a pre-employment orientation where Almazar informed her that she had to implement Abbott's Code of Conduct and office policies on human resources and finance and that she would be reporting directly to Walsh;
(f) Alcaraz was also required to undergo a training program as part of her orientation;
(g) Alcaraz received copies of Abbott's Code of Conduct and Performance Modules from Misa who explained to her the procedure for evaluating the performance of probationary employees; she was further notified that Abbott had only one evaluation system for all of its employees; and
(h) Moreover, Alcaraz had previously worked for another pharmaceutical company and had admitted to have an "extensive training and background" to acquire the necessary skills for her job.59cralawred
III. JOB OBJECTIVEThe foregoing, however, invite the question as to what are the specific qualitative and/or quantitative standards of PNOC-EDC. With respect to the first job objective listed above, for instance, one may ask: "how will PNOC-EDC measure the performance of Buenviaje as to whether she has adequately set the overall marketing objectives and directions of PNOC-EDC, in coordination with PNOC-EDC Operations, through the Department Managers and Corporate Service units?". The same is true with the first duty: "how will PNOC-EDC measure the performance of Buenviaje as to whether she has ensured that a survey of potential markets and customers in relation to newly developed or soon-to-be-completed power projects are regularly initiated?".
IV. DUTIES AND RESPONSIBILITIES
- To set the overall marketing objectives and directions of EDC, in coordination with EDC Operations, through the Department Managers and Corporate Services units.
- To initiate the preparation of detailed/specific short (annual) and medium to long term (2-5 years) marketing plans and programs.
- To monitor the implementation of the work performance and execution of the plans and programs of Public & Marketing Relations, Power & Energy Services, and Market Development.
- To manage the functional and administrative requirements of the managers for Public & Marketing Relations, Power & Energy Services, and Market Development.
- Ensures that a survey of potential markets and customers in relation to newly developed or soon-to-be- completed power projects are regularly initiated.
- Develops marketing plans and strategies with Managers and staff, relevant to new and/or uncommitted power and/or resources for both contracted and through the Wholesale Electricity Spot Market (WESM).
- Develops marketing plans and strategies with managers on new opportunities for Energy Services (Drilling, Geoscientific, Design and Engineering, etc.).
- Ensures and oversees the development of a business networking system and database.
- Establishes business contacts (domestic and overseas) and oversees market development and opportunities through the subordinate managers.
- Ensures and oversees the development of an effective advertising program, annually and as needed (print, publication, etc.), to propagate and enhance EDC's public image and awareness of its marketable products and services.
- Develops new marketable products and services, in coordination with Operations and Corporate Services.
- Represents Top Management in various fora, conventions, etc. for business/marketing opportunities domestically and internationally.
- Ensures that an effective system of customer after-sales and service monitoring is in place.
- Approves all expense disbursements, contracts, and other corporate documents in accordance with the approval limits specified in the EDC Approvals Policy.
- Issues instructions on marketing matters to the subordinate managers in accordance with decisions from Top Management/Board and/or as coordinated with Operations and Corporate Services.
- Initiates and conducts check-up meetings and conferences with the subordinate managers and their staff.
- Functions as budget administrator of the Senior Manager's Office.
- Oversees the preparation of the consolidated annual capital and operating expense budget for the division.
- Lixecutes EDC's marketing/contracts, in accordance with approvals policy.
- Oversees the preparation and consolidation of all the personnel performance appraisals of the division and effectively administers the forced-ranking program, consistent with company guidelines.
- Administers the personnel performance appraisal of office staff and managers.
- Oversees the preparation of the training requirements of the subordinate managers and their staff.
- Performs other duties which may be assigned from time to time.61
PNOC-EDC failed to observe these requirements because it operated on the wrong premise that Buenviaje was a probationary employee. But even if we were to assume that she was, she would still be illegally dismissed in light of PNOC-EDC's violation of the provisions of the Labor Code in dismissing a probationary employee.
- The dismissal must be for a just or authorized cause;
- The employer must furnish the employee with two (2) written notices before termination of employment can be legally effected. The first notice states the particular acts or omissions for which dismissal is sought while the second notice states the employer's decision to dismiss the employee; and
- The employee must be given an opportunity to be heard.65
Gross negligence implies a want or absence of or failure to exercise slight care or diligence, or the entire absence of care. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.79 As a just cause, it also has to be habitual, which implies repeated failure to perform one's duties for a period of time, depending upon the circumstances. A single or isolated act of negligence, as was shown here, does not constitute a just cause for the dismissal of the employee.80ChanRoblesVirtualawlibrary
February 1, 2004 - April 30, 2004 May 1, 2004 - June 30, 2004 Quantity — x x x Completed the public relations programs scheduled within the period including those directed on special assignment basis like the Dr. Alcaraz lounge. Quantity — While several marketing programs have been undertaken, no submissions were made on the projects required by immediate superior x x x. Timeliness — Timely submission of reports and processed invoices. PR programs were responsive to company's call. Timeliness — Mas not met organizational needs as the required projects on Tongonan I and Bacman deemed important for the formulation of strategies have not been submitted. x x x Priorities have not been set so as to be responsive to company needs. Cost Effectiveness — Observed in general the proper use of operating and capital budgets. Cost Effectiveness — Some recommendations tended to be expensive and demonstrated non-optimization of funds, methods and manpower. Judgment — Able to come up with good decisions but has to arrive at more complete and conclusive recommendations. Examples: x x x Judgment — Needed to come up with more sound decisions. Examples: x x x Leadership — She has a strong personality and able to influence others specially the subordinates to accomplish their tasks diligently.77 Leadership — x x x Not much supervision and direction is given to her various departments as can be gleaned from the quality of work produced particularly in Market Development where results are mere researchers (sic) without firm recommendations where applicable.78
x x x On one hand, such payment [of separation pay] liberates the employee from what could be a highly oppressive work environment. On the other hand, it releases the employer from the grossly unpalatable obligation of maintaining in its employ a worker it could no longer trust.84cralawredSeparation pay or financial assistance may also be granted to a legally terminated employee as an act of social justice and equity when the circumstances so warrant.85 In awarding financial assistance, the interests of both the employer and the employee must be tempered, if only to approximate what Justice Laurel calls justice in its secular sense.86 As the term suggests, its objective is to enable an employee to get by after he has been stripped of his source of income from which he relies mainly, if not, solely.87ChanRoblesVirtualawlibrary
We agree that there was manifest bad faith when Buenviaje was evaluated using the standards and performance appraisal form for regular employees, yet, in dismissing her, she was treated as a probationary employee. To reiterate, the clear intention of PNOC-EDC from the start was to grant Buenviaje a permanent status. She was evaluated in a short span of five (5) months, in which her previous satisfactory outputs turned unsatisfactory. There were also factors or variables that showed PNOC-EDC initially found as her strengths but were now inexplicably viewed as negative. For example, PNOC-EDC found Buenviaje's political connections helpful in pushing for marketing programs; yet, PNOC-EDC criticized her for flaunting her strong political connections as an instrument in achieving the company's objectives.97ChanRoblesVirtualawlibrary
- They used the evaluation form for regular employees in evaluating Buenviaje;
- Buenviaje was evaluated using the standards for regular employees;
- Unlike the first evaluation, Aquino did not sign the second evaluation; and
- The second evaluation was conducted without Buenviaje's knowledge.96
x x x It has been held that in order to arrive at a judicious approximation of emotional or moral injury, competent and substantial proof of the suffering experienced must be laid before the court. It is worthy to stress that moral damages are awarded as compensation for actual injury suffered and not as a penalty. The Court believes that an award of P30,000.00 as moral damages is commensurate to the anxiety and inconvenience that Chin suffered.However, the extent of liability of the respondents should not be solidary.
As for exemplary damages, the award of P25,000.00 is already sufficient to discourage petitioner Magsaysay from entering into iniquitous agreements with its employees that violate their right to collect the amounts to which they are entitled under the law. Exemplary damages are imposed not to enrich one party or impoverish another but to serve as a deterrent against or as a negative incentive to curb socially deleterious actions.102 (Citations omitted.)cralawred
1Rollo (G.R. Nos. 183200-01), pp. 3-28 and rollo (G.R. Nos. 183253 & 183257), pp. 34-50-A.
2 Penned by Associate Jiistice Lucenito N. Tagle and concurred in by Associate Justices Amelita G. Tolentino and Agustin S. Dizon of the Fifteenth Division, rollo (G.R. Nos. 183200-01), pp. 29-51.
3Id. at 52-55.
4Id. at 185-200 and 223-225; per curiam.
5Id. at 140-152; penned by Labor Arbiter Elias H. Salinas.
6Id. at 30.
8Rollo (G.R. Nos. 183200-01), p. 48.
10Rollo (G.R. Nos. 183200-01), pp 30-31.
11Id. at 49.
12Id. at 30-33.
13Id. at 31-32.
14Id. at 33.
20Rollo (G.R. Nos. 183200-01), pp. 33-34.
21Id. at 34.
24Rollo (G.R. Nos. 183200-01), pp. 151-152.chanrobleslaw
25Id. at 145-148.
26 Renumbered to Articles 297 and 298 pursuant to Republic Act No. 10151. (For all Labor Code citations, please refer to Department of Labor and Employment Department Advisory No. 1, Series of 2015.)
27Rollo (G.R. Nos. 183200-01), pp. 148-150.
28Id. at 185-200.
29Id. at 199.
30Id. at 195.
33Rollo (G.R. Nos. 183200-01), p. 196.
35 See rollo (G.R. Nos. 183200-01), pp. 196-197.
36Id. at 198-199.
37Supra note 2.
38Rollo (G.R. Nos. 182200-01), pp. 50-51.
39Id. at 47.
40Id. at 47-48.
41 See Robinsons Galleria/Robinsons Supermarket Corporation v. Ranchez, G.R. No. 177937, January 19, 2011, 640 SCRA 135, 142.
42 LABOR CODE, Art. 297. Termination by Employer. - An employer may terminate an employment for any of the following causes:chanRoblesvirtualLawlibrary43 LABOR CODE, Art. 298. Closure of Establishment and Reduction of Personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (I) month before the intended date thereof. In case of termination due to the installation of labor saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year. (As renumbered by Republic Act No. 10151.)
a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; b) Gross and habitual neglect by the employee of his duties; c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and e) Other causes analogous to the foregoing. (As renumbered by Republic Act No. 10151.)
44 See Carvajal v. Luzon Development Bank, G.R. No. 186169, August 1, 2012, 678 SCRA 132; Article 296, formerly Article 281 of the Labor Code. (As renumbered by Republic Act No. 10151.)
45Manlimos v. National Labor Relations Commission, G.R. No. 113337, March 2, 1995, 242 SCRA 145, 155.
46Rollo (G.R. Nos. 183200-01), p. 49.
47 See Asuncion v. National Labor Relations Commission, G.R. No. 129329, July 31, 2001, 362 SCRA 56, 68.
48 G.R. No. 165153, August 25, 2010, 629 SCRA 77.
49Id. at 83.
50Phil. Federation of Credit Cooperatives, Inc. v. NLRC, G.R. No. 121071, December 11, 1998, 300 SCRA 72, 76.
51 LABOR CODE, Art. 296. (As renumbered by Republic Act No. 10151.)
53Abbott Laboratories, Philippines v. Alcaraz, G.R. No. 192571, July 23, 2013, 701 SCRA 682, 706-707.
54Rollo (G.R. Nos. 183200-01), p. 130.
55Id. at 155-183.
56Id. at 174.
58 G.R. No. 192571, July 23, 2013, 701 SCRA 682 and April 22, 2014, 723 SCRA 25.
59 G.R. No. 192571, July 23, 2013, 701 SCRA 682, 708-709.
60Id. at 709.
61Rollo (G.R. Nos. 183200-01), pp. 111-112.
62Id. at 113-114.
63 See Aberdeen Court, Inc. v. Agustin, Jr., G.R. No. 149371, April 13, 2005, 456 SCRA 32.
64 See Robinsons Galleria/Robinsons Supermarket Corporation v. Ranchez, G.R. No. 177937, January 19, 2011, 640 SCRA 135, 145.
65Yabut v. Manila Electric Company, G.R. No. 190436, January 16, 2012, 663 SCRA 92, 107-108.
66 See Mercado v. AMA Computer College Paranaque City, Inc., G.R. No. 183572, April 13, 2010, 618 SCRA 218, 238-241.
67Robinsons Galleria/Robinsons Supermarket Corporation v. Ranches, supra note 41 citing the Omnibus Rules Implementing the Labor Code, Book VI, Rule I, Sec. 6 (c).
68Philippine Daily Inquirer, Inc. v. Magtibay, Jr., G.R. No. 164532, July 27, 2007, 528 SCRA 355, 364.
70 Omnibus Rules Implementing the Labor Code, Book VI, Rule I, Sec. 2 (d).
71Philippine Daily Inquirer v. Magtibay, Jr., supra.
72 See Colegio del Santisimo Rosario v. Rojo, G.R. No. 170388, September 4, 2013, 705 SCRA 63, 82.
73 LABOR CODE, Art. 297, par. (b). (As renumbered by Republic Act No. 10151.)
74Aliling v. Feliciano, G.R. No. 185829, April 25, 2012, 671 SCRA 186, 206.
75Buiser v. Leogardo, Jr., G.R. No. L-63316, July 31, 1984, 131 SCRA 151, 158.
76 See INC Shipmanagement, Inc. v. Camporedondo, G.R. No. 199931, September 7, 2015.
77Rollo (G.R. Nos. 183200-01), pp. 116-117.
78Id. at 122-123.
79Universal Staffing Services, Inc. v. National Labor Relations Commission, G.R. No. 177576, July 21, 2008, 559 SCRA 221, 229.
80 See St. Luke's Medical Center, Inc. v. Notario, G.R. No. 152166, October 20, 2010, 634 SCRA 67, 78.
81Sang-an v. Equator Knights Detective and Security Agency, Inc., G.R. No. 173189, February 13, 2013, 690 SCRA 534, 544.
82 LABOR CODE, Art. 294. (As renumbered by Republic Act No. 10151.)
83 G.R. No. 188722, February 1, 2012, 664 SCRA 772.
84Id. at 780.
85St. Joseph Academy of Valenzuela Faculty Association (SJAVFA)-FUR Chapter-TUCP v. St. Joseph Academy of Valenzuela, G.R. No. 182957, June 13, 2013, 698 SCRA 342, 350.
86Eastern Shipping Lines, Inc. v. Sedan, G.R. No. 159354, April 7, 2006, 486 SCRA 565, 574-575, citing Calalang v. Williams, 70 Phil. 726 (1940).
87 See Guatson International Travel and Tours, Inc. v. NLRC, G.R. No. 100322, March 9, 1994, 230 SCRA 815, 824.
88Tangga-an v. Philippine Transmarine Carriers, Inc., G.R. No. 180636, March 13, 2013, 693 SCRA 340, 355-356.
90 Art. 111. Attorney's Fees. - (a) In cases of unlawful withholding of wages, the culpable party may be assessed attorney's fees equivalent to ten percent of the amount of wages recovered.
x x x
91Montinola v. Philippine Airlines, G.R. No. 198656, September 8, 2014, 734 SCRA 439, 458, citing Primero v. Intermediate Appellate Court, G.R. No. L-72644, December 14, 1987, 156 SCRA 435.
92Id., citing Laureano Investment and Development Corporation v. Court of Appeals, G.R. No. 100468, May 6, 1997, 272 SCRA 253.
93Id., citing Cathay Pacific Airways, Ltd. v. Vazquez, G.R. No. 150843, March 14, 2003, 399 SCRA 207.
94Pasos v. Philippine National Construction Corporation, G.R. No. 192394, July 3, 2013, 700 SCRA 608, 631.
95Rollo (G.R. Nos. 183253 & 183257), p. 47.
96Id. at 45-46.
97Rollo (G.R. Nos. 183200-01), pp. 120 and 123.
98Id. at 178-179.
99Id. at 152.
100 See Magsaysay Maritime Corporation v. Chin, Jr., G.R. No. 199022, April 7, 2014, 721 SCRA 46, 51.
101 G.R. No. 199022, April 7, 2014, 721 SCRA 46.
102Id. at 51-52.
103Polymer Rubber Corporation v. Salamuding, G.R. No. 185160, July 24, 2013, 702 SCRA 153, 160, citing Peñaflor v. Outdoor Clothing Manufacturing Corporation, G.R. No. 177114, April 13, 2010, 618 SCRA 208, 216.
104Polymer Rubber Corporation v. Salamuding, G.R. No. 185160, July 24, 2013, 702 SCRA 153, 161, citing Francisco v. Mallen, Jr., G.R. No. 173169, September 22, 2010, 631 SCRA 118, 123-124.
105 See Peñaflor v. Outdoor Clothing Manufacturing Corporation, G.R. No. 177114, January 21, 2010, 610 SCRA 497.