Victor and Cayaban Law Office

The Integrated Bar of the Philippines honors all fathers and father figures whose strength, integrity, and guidance shape families and communities.

Your leadership at home builds the foundation of justice, responsibility, and service in society.

Happy Father’s Day.

A FRIENDLY REMINDER FROM THE IBP DAVAO CITY CHAPTER

Disasters and emergencies can happen without warning. Keep a Go Bag prepared with essential items such as clothes, toiletries, medications, water, a power bank, identification cards, and important documents, and place it near your exit door for easy access.

Preparedness today can make all the difference tomorrow. Stay ready. Stay safe.

𝐌𝐚𝐥𝐢𝐠𝐚𝐲𝐚𝐧𝐠 𝐢𝐤𝐚-𝟏𝟐𝟖 𝐧𝐚 𝐀𝐫𝐚𝐰 𝐧𝐠 𝐊𝐚𝐥𝐚𝐲𝐚𝐚𝐧!

The Integrated Bar of the Philippines joins the nation in commemorating the 128th Philippine Independence Day.

May this day remind us of the courage, sacrifice, and patriotism of our forebears, and inspire us to continue upholding justice, freedom, and the rule of law for every Filipino.

Mabuhay ang Pilipinas!

The (SC) has ruled that Koronadal City cannot stop a bus company from using its own private terminal and force it to use the city’s common terminal, as these would violate the company’s property rights.

In a Decision written by Associate Justice Jhosep Y. Lopez, the SC 𝘌𝘯 𝘉𝘢𝘯𝘤 issued a writ of injunction against Koronadal City and its officials, prohibiting them from blocking and rerouting the buses of Yellow Bus Lines, Inc. (Yellow Bus) and requiring it to use the City of Koronadal Integrated Transport Terminal Complex (common terminal).

Sangguniang Panlungsod of Koronadal City, through 𝘖𝘳𝘥𝘪𝘯𝘢𝘯𝘤𝘦 𝘕𝘰. 9, 𝘚𝘦𝘳𝘪𝘦𝘴 𝘰𝘧 2018, created the common terminal to provide efficient transport services, reduce traffic congestion and pollution in the city’s business center, and generate revenue for public services.

Yellow Bus filed a complaint for injunction to stop the implementation of the ordinance, arguing that the city unlawfully interfered with its right to use its own private terminal. It claimed that as a result, it has paid more than PHP 1 million in terminal fees while travel time of its buses increased by 20-25 minutes and dispatch times were disrupted.

Koronadal City argued that after being designated as the administrative seat of Region XII, it was required to have a centralized transport terminal, as part of its valid exercise of its power to regulate traffic, promote public welfare, and generate revenue.

Agreeing with the Regional Trial Court and the Court of Appeals, the SC recognized Yellow Bus’ ownership rights to its private terminal, including the right to use and manage the property, as protected by the Constitution.

The SC emphasized that an LGU’s exercise of police power is valid only if it aims to address a public concern and the methods used are reasonably necessary. In this case, forcing all PUVs to use the common terminal while effectively prohibiting private terminals was excessive and not reasonably necessary to achieve that goal.

The SC said that the measures imposed by the city were too broad and excessive for their purpose. The city also did not prove that compelling PUVs to use the common terminal was the only solution to the traffic problem.

The SC added that there is no legal basis to block Yellow Bus from using its own facility or to force rerouting, as the ordinance did not expressly mandate that all PUVs use the common terminal or prohibit private terminals.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=167210

Read the full text of the Decision https://sc.judiciary.gov.ph/?p=165268

Read the Separate Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=165362

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution

The (SC) has ruled that a spouse’s acts creating a hostile and intimidating environment for the other spouse, their children, and common children may constitute “grossly abusive conduct” under the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦 which serves as a ground for legal separation.

In a Decision written by Associate Justice Antonio T. Kho, Jr., the SC’s Second Division granted the petition for legal separation filed by a husband against his wife, after finding that her actions constituted grossly abusive conduct under Article 55(1) of the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦.

The couple married in 2003 and later had two children. To support their family, the wife started selling coffee, but they still faced financial hardships. The husband studied nursing with hopes of eventually relocating their family abroad. However, his plan to move abroad never materialized.

During the marriage, the husband claimed he faced various abusive behaviors from his wife. He reported that she controlled their finances and refused to provide financial help, even when he needed treatment for his toothache and was advised to get a root canal.

The husband also claimed that at a party, his wife told their friends she wanted to cut off his p***s because they were no longer having s*x. He also alleged that she shared stories about him with family and friends, often twisting the facts to make him look bad.

The husband also said that his wife refused marriage counseling, prohibited him from seeing his friends, manipulated their children to force him to provide more financial support, and maintained a controlling attitude throughout their marriage.

The Regional Trial Court (RTC) granted the petition for legal separation after finding that the wife’s behavior amounted to grossly abusive conduct. However, the Court of Appeals reversed the ruling, holding that their disagreements were ordinary marital disputes.

The SC affirmed the RTC defining acts constituting “grossly abusive conduct”, which is a ground for legal separation under Article 55(1) of the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦, to include those acts by a spouse that create a hostile and intimidating environment for the other spouse or the children.

The SC also stressed that courts must decide this issue on a case-by-case basis, based on the facts and evidence presented.

While the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦 does not allow absolute divorce, spouses may legally separate by order of a court without ending their marriage. Unlike a declaration that a marriage is void, a legal separation does not break the marital bond.

Among the grounds for legal separation under Article 55(1) of the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦 is repeated physical violence or grossly abusive conduct against the spouse, their common child, or the spouse’s child.

The SC added that this interpretation is consistent with the State’s constitutional duty to protect marriage as a basic social institution.

In this case, the SC found that the wife’s actions, taken together, created a hostile and intimidating environment for the husband. He was made to constantly follow her lead, and his efforts to fix the marriage through counseling and other interventions were unsuccessful. Witnesses also confirmed her controlling behavior, which supported the finding of a hostile home environment. Because of this, the SC ruled that the husband was justified in seeking reassignment to another province to distance himself from the situation at home.

The SC granted the legal separation and sent the case back to the RTC for the dissolution and division of the couple’s property. It also directed the RTC to decide on the custody and support of their children.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=166927

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=164913

Read the Separate Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=164917

Copying of this content is subject to the SC PIO’s Credit Attribution Policy.

The Integrated Bar of the Philippines extends its warmest greetings to our Muslim brothers and sisters on the occasion of Eid’l Adha.

May this celebration of faith and sacrifice bring peace, unity, and blessings to all.

Eid Mubarak.

The has ruled that the unilateral imposition of reduced workdays and worker rotation scheme amounts to constructive dismissal.

In a Decision written by Associate Justice Amy C. Lazaro-Javier, the SC En Banc found Fiber Textile Manufacturing Corp. (FMC) liable for constructively dismissing seven production workers after reducing their six-day workweek to only two to three days and implementing a work rotation plan without their consent, despite FMC’s claim that the workers agreed to the temporary scheme during a meeting on the shortage of raw materials.

The workers filed a complaint for constructive dismissal, claiming that they were effectively dismissed when they were told not to return to work.

The Labor Arbiter ruled in favor of the workers, but the National Labor Relations Commission and the Court of Appeals upheld FMC’s actions as a valid exercise of management prerogative.

The SC disagreed. It emphasized that while employers may adopt flexible work arrangements during economic difficulties or national emergencies, these arrangements must comply with the requirements set out in Department of Labor and Employment (DOLE) Department Advisory No. 2, Series of 2009.

The SC explained that employers must first consult affected employees and obtain the voluntary support of the majority of workers. Employers must also notify the DOLE before implementing the arrangement and prove that the company is suffering from actual or reasonably imminent economic difficulties.

In this case, the SC held that FMC failed to prove that the workers voluntarily agreed to the reduced workdays and worker rotation scheme. The Court ruled that informing employees of the arrangement does not equate to securing their consent.

FMC also failed to notify the DOLE before implementation and failed to prove that it was suffering from actual or imminent economic difficulties that would justify the reduction of workdays.

The SC emphasized that while employers may adopt flexible work arrangements to prevent business losses, such measures must be exercised in good faith and with due regard to the rights of workers.

FMC’s unlawful reduction of workdays amounted to constructive dismissal because it resulted in diminished salaries, making continued employment unreasonable for the workers.

In his Concurring Opinion, Senior Associate Justice Marvic M.V.F. Leonen stressed that the requirement of mutual consent in flexible work arrangements originates from the consensual nature of employment contracts, such that employers cannot unilaterally alter work schedules in a manner that diminishes employees’ pay.

In his Concurring and Dissenting Opinion, Associate Justice Alfredo Benjamin S. Caguioa agreed that FMC remained liable for constructive dismissal for failing to prove that the workers voluntarily agreed to the reduced workdays and work rotation plan. However, he emphasized that FMC had no raw materials to work with for several months, significantly affecting production operations. Thus, he stated that FMC faced a reasonably imminent economic difficulty that could justify the temporary adoption of flexible work arrangements.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=166287

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=166264

Read the full text of the Concurring Opinion at https://sc.judiciary.gov.ph/?p=166269

Read the full text of the Concurring and Dissenting Opinion at https://sc.judiciary.gov.ph/?p=166274

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/

The has clarified that the rules on modifying circumstances—factors that can lessen or increase penalties—apply in cases of reckless imprudence resulting in homicide involving a motor vehicle.

In a Decision written by Associate Justice Antonio T. Kho, Jr., the SC En Banc upheld Noli Z. Ilon’s (Ilon) conviction for reckless imprudence resulting in homicide, but reduced his sentence because he voluntarily surrendered to the police.

Under Article 365 of the Revised Penal Code (RPC), reckless imprudence is acting without intent to harm but still causing injury or death to another due to a clear lack of precaution. The SC emphasized that motorists are expected to drive at a reasonable speed suited to road and weather conditions, especially near intersections. In this case, Ilon admitted that he failed to slow down despite knowing he was approaching an intersection. He even increased his speed, leading him to hit the trisikad that caused Lee de la Cruz’s death.

The SC clarified that Ilon’s voluntary surrender should be appreciated as a mitigating circumstance that reduces his penalty. It explained that while Article 365 of the RPC generally allows trial courts to impose penalties without applying the rules on mitigating and aggravating circumstances under Article 64 of the RPC, this does not apply when reckless imprudence results in death involving a motor vehicle. In such cases, Article 64 must be followed.

The SC reviewed the amendments to Article 365—from Act No. 3992, or the Revised Motor Vehicle Law, passed in 1932, through Batas Pambansa Blg. 398 passed in 1983—and found that Congress consistently retained the clause excluding cases where death results from reckless imprudence involving motor vehicles from the usual discretion given to trial courts. This means that courts must apply Article 64 to determine the proper penalty.

The SC observed, however, an inconsistency: reckless imprudence resulting in homicide with the use of a motor vehicle may be mitigated, while those resulting in serious bodily injury or damage to property are left to the discretion of the trial courts. Finding this distinction unjust, the SC directed that copies of its Decision be furnished to the President, the Senate, and the House of Representatives, to alert its co-equal branches of this inconsistency and for possible legislative action.

Ilon was sentenced to up to two years and four months in prison and ordered to pay the heirs of de la Cruz PHP 629,883.45 in damages.

In his Concurring Opinion, Senior Associate Justice Marvic M.V.F. Leonen noted that piecemeal amendments to the RPC have led to inconsistencies in criminal law. He called for the consolidation of all criminal provisions into a single, unified code to ensure fairness, clarity, and the orderly administration of justice.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=166162

Read the full text of the Decision at https://sc.judiciary.gov.ph/260538-noli-z-ilon-vs-people-of-the-philippines/

Read the full text of the Concurring Opinion at https://sc.judiciary.gov.ph/260538-concurring-opinion-senior-associate-justice-marvic-m-v-f-leonen/

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/