BANTOLINO VS COCA-COLA
ID case
Prudencio Bantolino, Nestor Romero, Nilo Espina, Eddie Ladica,
Arman Queling, Rolando Nieto, Ricardo Bartolome, Garcia,
Manalastas
Feb 15, 1994 62 employees
52 employees claims dismissed, 10 remain
Labor Arbiter Jose De vera
Rulings:
o LA reinstatement + BW
o NLRC sustained LA
o CA affirmed NLRC but said that affidavits should not
have been given probative value for failure to affirm the
contents thereof and to undergo cross-examination;
dismissed for lack of evidence
o SC x bound by technical rules of procedure in courts of
law; x hearsay evidence; trial type hearings are not
required; x need cross examination
FIRST LEPANTO CERAMICS VS CA
First lepanto requested to change glazed floor tiles to ceramic
tiles
Mariwasa manufacturing inc vs First Lepanto
Doctrines:
o Courts will not interfere in matters addressed to the sound
discretion of government agencies
o BOI is the agency tasked with evaluating the feasibility of
an investment project and to decide which investment
might be compatible with its development plan|||
Certificate Reg No EP 89-452 change reg product
EO 226 Omnibus Investments Code
BOI granted change
CA annulled BOI decision, preliminary injunction
SC reversed decision of CA
VILLA VS LAZARO
Funeral parlor
Anita Villa vs Manuel Lazaro (Presidential Assistant for Legal Affairs)
and Human Settlements Regulatory Commission (HSRC)
Commissioner Dizon
Santiago Boulevard in Gen San City
City Engineer Dominador Solana
Dr. Jesus Veneracion (owner of St. Elizabeth Hospital, 132.36 meters
away) filed suit for injunction alleged that it was violative of
Zoning Ordinance of Gen San
LC dismissed Veneracions complaint; fake ordinance
HSRC Veneracion filed complaint here
Received telegram Replied with the clearance Show Cause
order sent clearance again order requiring her to cease
operations
Doctrine:
o 4 requisites of admin due process
PATEROK VS BUREAU OF CUSTOMS
Bourgetti Car, Mercedes Benz
Ute Paterok vs Salvador Mison
Shipped from Germany
Doctrine:
o Posting of notice of hearing on bulletin board does not
constitute proper service of notice petitioner was not
unknown (sec 2304, 2306 of TCCP)
o When the law does not distinguish we must not
distinguish x make distinction on term of importation be
it direct or indirect
BP 73 Forfeiture of imported gasoline-powered cars with engine
displacement of over 2,800 cubic cm (Benz = over 2800); X allow
redemption of forfeited property as alternative under Sex 2307 of
TCCP
Tarrif and Customs Code Sec 2609 (c) sale of contraband
2 cases Bureau of Customs; District Collector (x know about 2nd)
LUMIQUED VS EXEVEA
X right to lawyer
Arsenio P. Lumiqued (+) vs Hon. Apolonio G Exevea
Lumiqued Regional Director of the DAR CAR
Filed by DAR-CAR regional cashier Jeannette Obar-
Zamudio
Board of Discipline of DAR
3 complaints:
o Malversation through falsification of public
documents (93 counts by padding gasoline
receipts)
o Violation of Commission on Audit Rules and
Regulations (unliquidated cash advances of 116k)
o Oppression and harassment
AO 52 by Ramos Finding Lumiqued liable
OP denied appeal
DO 145 investigating committee created by Sec Eduardo
Montenegro
Doctrines:
o The right to counsel is a right afforded to an
accused during custodial investigation, but not in an
administrative inquiry
o Resolution no. 94-0521 of the civil service
commission on respondent's right to counsel,
applicable only to cases brought before the civil
service commission|||
o Substantial evidence
Civil service act (Ac 2260), EO 292
CASIMIRO VS TANDOG
Haydee Casimiro (Municipal Assessor) vs Filipino Tandog
(Mayor of San Jose, Romblon)
Reso No, 973602 of CSC
Government assessment clerk municipal assessor
Nelson M. Andres submitted report based on investigation on
irregularities
o Anomalous cancellation of Tax Declaration No 0236 of
Teodulo Matillano and issuance of a new one in the name
of Casimiros brother Ulysses Cawaling
o Tax declration No 0380 and 0376 of Antipas San
Sebastian and new one in favor of brother in law
Marcelino Molina
Memo 13, 17, 18 preventive suspension for 30 days
Fact finding committee (Nelson M. Andres as Chairman) AO 1
dismissed from service
CSC appeal; affirmed decision of Mayor
CA affirmed decision of CSC
Doctrine:
o DP
o Procedural due process simply means the opportunity to
explain one's side or the opportunity to seek a
reconsideration of the action or ruling complained, right
to be heard
o Kinship alone does not establish bias and partiality
o X asked for cross examination
o Quantum of proof: substantial evidence -Employer has
reasonable ground to believe that the employee is
responsible for the misconduct and his participation
therein renders him unworthy of trust and confidence
demanded by his position
GLOBE VS NATIONAL TELECOM COMMUNICATIONS (NTC)
SMS or Text Messaging
1936 Public Service Act classified wire or wireless
communications system as public service
1955 Public Telecommunications Act (PTA)
National Telecommunications Commission (NTC)
Cellular Mobile telephone Syste, (CMTS), Global System for Mobile
Communication (GSM)
Smart filed with NTC for interconnection of S and Ms GSM networks
NTC declared that both S and M have been providing SMS without
authority from it
CA denied motion for partial reconsideration; BTC has power to
subject globe to admin sanctions
Doctrines:
o Every party subject to administrative regulation deserves
an opportunity to know, through reasonable regulations
promulgated by the agency, of the objective standards
that have to be met X DP
o ????