Friday, February 22, 2013

lhleo lin



People of the Philippines vs. Mary Lou Omicitin y Singco
 (G.R. No. 188130, July 26, 2010)

Facts:
                In January 2004, after Primo Arvin Guevarra’s employment contract expired in September 2003, he had a meeting with Omicitin, the accused-appellant, together with Anthony Ambrosio and Elisa Donitas. In the meeting, they three agreed to pay Omicitin Php 40,000 each for their deployment in London as caregivers. All three gave her, there  and then, Php 10,000 as initial payment and she assured them that they would leave for London within 60 to 90 days.
Guevarra completed his medical examination on which occasion he paid an additional Php 10,000 and his placement payment by giving Omicitin the balance of Php 20,000. Upon said payment, Omicitin informed Gueverra that she would schedule an orientation and contract signing at a later date but that never took place. Sometime in February 2004, Guevarra wa able to meet Omicitin, who promised to return his money during the first week of March. But the promise to reimburse remained infulfilled. And this also happened to Veronica Caponpon who paid Php 20,000, Roy Fernandez Mago who paid the placement fee of Php 40,000, and Anthony Ambrosio who was able to pay Php 16,000. And Omicitin promised them all employment but never materialized.
She was charged with illegal recruitment in large scale and estafa. The RTC rendered a decision finding Omicitin guilty as charged. And the CA affirmed this decision in toto.
                 
Issue/s:
(1) Whether or not Primo Guevarra’s testimony is unsubstantiated and hearsay because it was not supported by Dotenes testimony who was not presented by the prosecution. Guevarra was not the one who paid the accused, but Elisa Dotenes, who issued a check in favor of accused-appellant in behalf of Guevarra. 

(2) Whether or not the testimony of private complainant Ambrosio was uncorroborated and self-serving for not presenting receipt to show payment to accused-appellant.

Ruling:
·         The petition is denied for lack of merit.
·         The Court is not being a trier of facts, will not delve once more into the factual findings of the trial court as affirmed by the appellate court.

1.       First, the testimony of Ambrosio cannot be considered as self-serving evidence.  The phrase “self-serving evidence” is a concept which has a well-defined judicial meaning.  Hernandez v. Court of Appeals clarified what self-serving evidence is and what it is not, thus:

The common objection known as “self-serving” is not correct because almost all testimonies are self-serving. The proper basis for objection is “hearsay” (Wenke, Making and Meeting Objections, 69).

Petitioner fails to take into account the distinction between self-serving statements and testimonies made in court. Self-serving statements are those made by a party out of court advocating his own interest; they do not include a party’s testimony as a witness in court (National Development Co. v. Workmen’s Compensation Commission, 19 SCRA 861 [1967]).

Self-serving statements are inadmissible because the adverse party is not given the opportunity for cross-examination, and their admission would encourage fabrication of testimony. This cannot be said of a party’s testimony in court made under oath, with full opportunity on the part of the opposing party for cross-examination.

·         This principle was reiterated in the more recent People v. Villarama, where the Court ruled, “x x x [A] self-serving declaration is one that is made by a party, out of court and in his favor.  It does not include the testimony he gives as a witness in court.”  Assayed against the foregoing standards, Ambrosio’s testimony is not self-serving and is admissible in evidence.

2.       The unsubstantiated and self-serving nature of said testimonies would not carry the day for Omictin, since she admitted, during trial, the substance of their testimonies.
Ø  Through her testimony, Omictin admitted and established the fact that she was paid by Guevarra the amount of PhP 40,000 and Ambrosio the amount of PhP 16,000.

·         In all, the Supreme Court found no compelling reason to disturb the findings and core disposition of the CA, confirmatory of that of the trial court.









 Restaurante Las Conchas vs. NLRC
(G.R. No. 119085, September 9, 1999)

Facts:
                Private respondents were employees of petitioner Restaurante Las Conchas, operated by Restaurant Services Corporation and by petitioners David Gonzales and Elizabeth Anne Gonzales who are members of the board. The petitioners got involves in a legal battle over the land being occupied by the petitioners, on which Ayala Lands, Inc. got a favorable judgment.
                Petitioners transferred in Ortigas Center but to no avail, they shut down their business on February 28, 1994 which resulted in the termination of employment of private respondents. The latter filed a complaint with the Labor Arbiter for payment of separation pay and 13th month pay but it was dismissed. On their appeal to the NLRC, a decision, favorable to them was rendered. A motion for reconsideration was filed by the petitioners but it was denied by the NLRC.

Issue/s:
(1)     Whether or not public respondent committed grave abuse of discretion amounting to lack or excess of jurisdiction in reversing the decision of the labor arbiter a quo.
(2)     Whether or not public respondent committed grave abuse of discretion amounting to lack or excess of jurisdiction in not giving consideration to the evidence presented by herein petitioners in support of their defense.

Ruling:
·         The petition was dismissed by Supreme Court.
·         The law does not obligate an employer to pay separation benefits when the closure is due to losses, petitioners have the burden to prove that such losses actually exist.
·         The evidence presented by petitioners to prove that they are suffering business losses consists merely of statements of the corporation’s assets and liabilities which were not even certified by a certified public accountant or an accounting firm.  Neither were the corporation’s Income Tax Return (ITR) which they submitted in evidence duly certified by the Bureau of Internal Revenue (BIR) as true copies of the original.  They were mere self-serving declarations which under the law are inadmissible as evidence.
·         In Uichico vs. National Labor Relations Commission, we ruled that:
xxx. It is true that administrative and quasi-judicial bodies like the NLRC are not bound by the technical rules of procedure in the adjudication of cases.  However, this procedural rule should not be construed as a license to disregard certain fundamental evidentiary rules.  While the rules of evidence prevailing in the courts of law or equity are not controlling in proceedings before the NLRC, the evidence presented before it must at least have a modicum of admissibility for it to be given some probative value.  The Statement of Profit and Losses submitted by Crispa, Inc. to prove its alleged losses, without the accompanying signature of a certified public accountant or audited by an independent auditor, are nothing but self-serving documents which ought to be treated as a mere scrap of paper devoid of any probative value.
·         While it may be true that the rules of evidence prevailing in courts of law or equity are not controlling in proceedings before the NLRC, still, the court cannot admit the self-serving evidence presented by petitioners since there is no way of ascertaining the truth of their contents.  To admit them would open the floodgates to violations of employers of the provisions of the Labor Code to the detriment of labor which, under the Constitution is to be protected.
·         Well-settled is the rule that while lack of objection to a hearsay testimony or evidence results in the admittance thereof as evidence, said evidence cannot be given any credence and probative values unless it is shown that it falls within the exceptions to the hearsay rule. In the present case, petitioners failed miserably to show that the financial statements and income tax returns are exceptions to the hearsay rule, thus, their contents have no probative value whatsoever.
·         In Gudez vs. National Labor Relations Commission, the Court ruled in this wise:
Where the employer corporation is no longer existing and unable to satisfy the judgment in favor of the employee, the officers should be held liable for acting on behalf of the corporation 
·         In Valderrama vs. National Labor Relations Commission, it was held that:
A corporation can only act through its officers and agents.  That is why the cease and desist order was directed to the “officers and agents” of A.C. Ransom, which was actually found guilty of unfair labor practice.  But that case clearly also holds that any decision against the company can be enforced against the officers in their personal capacities should the corporation fail to satisfy the judgment against it.  The quoted portion of that decision explaining the basis for such ruling makes that clear.  Agreeably with the ruling in A.C. Ransom Labor Union – CCLU it was held in another case that where the employer corporation is no longer existing and [is] unable to satisfy the judgment in favor of the employee, the officer should be held liable for acting on behalf of the corporation.” 
·         In the present case, the employees can no longer claim their separation benefits and 13th month pay from the corporation because it has already ceased operation.  To require them to do so would render illusory the separation and 13th month pay awarded to them by the NLRC.  Their only recourse is to satisfy their claim from the officers of the corporation who were, in effect, acting in behalf of the corporation.  It would appear that, originally, Restaurante Las Conchas was a single proprietorship put up by the parents of Elizabeth Anne Gonzales, who together with her husband, petitioner David Gonzales, later took over its management.  Private respondents claim, and rightly so, that the former were the real owners of the restaurant.  The conclusion is bolstered by the fact that petitioners never revealed who were the other officers of the Restaurant Services Corporation, if only to pinpoint responsibility in the closure of the restaurant that resulted in the dismissal of private respondents from employment.  Petitioners David Gonzales and Elizabeth Anne Gonzales are, therefore, personally liable for the payment of the separation and 13th month pay due to their former employees.



Sunga vs. Chua (G.R. No. 143340, August 15, 2001)

Facts:
                On June 22, 1992, Lamberto T. Chua (hereafter respondent) filed a complaint against Lilibeth Sunga Chan (hereafter petitioner Lilibeth) and Cecilia Sunga (hereafter petitioner Cecilia), daughter and wife, respectively of the deceased Jacinto L. Sunga (hereafter Jacinto), for “Winding Up of Partnership Affairs, Accounting, Appraisal and Recovery of Shares and Damages with Writ of Preliminary Attachment” with the Regional Trial Court, Branch 11, Sindangan, Zamboanga del Norte.

Issue/s:
(1)     Whether or not the Court of Appeals erred in making the legal conclusion that laches and/or prescription did not apply in the instant case.
(2)     Whether or not the Court of Appeals erred in making the legal conclusion that there was competent and credible evidence to warrant the finding of a partnership, and assuming arguendo that indeed there was a partnership, the finding of highly exaggerated amounts or values in the partnership assets and profits.”

Ruling:
                The petition was DENIED.
1.       The action for accounting filed by respondent three (3) years after Jacinto’s death was within the prescribed period.  The Civil Code provides that an action to enforce an oral contract prescribes in six (6) years while the right to demand an accounting for a partner’s interest as against the person continuing the business accrues at the date of dissolution, in the absence of any contrary agreement. Considering that the death of a partner results in the dissolution of the partnership, in this case, it was after Jacinto’s death that respondent as the surviving partner had the right to an account of his interest as against petitioners.  It bears stressing that while Jacinto’s death dissolved the partnership, the dissolution did not immediately terminate the partnership.  The Civil Code expressly provides that upon dissolution, the partnership continues and its legal personality is retained until the complete winding up of its business, culminating in its termination.
2.       Based on the intention of the parties, as gathered from the facts and ascertained from their language and conduct, a verbal contract of partnership may arise. The essential points that must be proven to show that a partnership was agreed upon are (1) mutual contribution to a common stock, and (2) a joint interest in the profits. Understandably so, in view of the absence of a written contract of partnership between respondent and Jacinto, respondent resorted to the introduction of documentary and testimonial evidence to prove said partnership.  
·         Two reasons forestall the application of the “Dead Man’s Statute” to this case.
Ø  First, petitioners filed a compulsory counterclaim against respondent in their answer before the trial court, and with the filing of their counterclaim, petitioners themselves effectively removed this case from the ambit of the “Dead Man’s Statute”. Well entrenched is the rule that when it is the executor or administrator or representatives of the estate that sets up the counterclaim, the plaintiff, herein respondent, may testify to occurrences before the death of the deceased to defeat the counterclaim. Moreover, as defendant in the counterclaim, respondent is not disqualified from testifying as to matters of fact occurring before the death of the deceased, said action not having been brought against but by the estate or representatives of the deceased.
Ø  Second, the testimony of Josephine is not covered by the “Dead Man’s Statute” for the simple reason that she is not “a party or assignor of a party to a case or persons in whose behalf a case is prosecuted”.  Records show that respondent offered the testimony of Josephine to establish the existence of the partnership between respondent and Jacinto.  Petitioners’ insistence that Josephine is the alter ego of respondent does not make her an assignor because the term “assignor” of a party means “assignor of a cause of action which has arisen, and not the assignor of a right assigned before any cause of action has arisen.” Plainly then, Josephine is merely a witness of respondent, the latter being the party plaintiff.
·         Petitioners’ reliance alone on the “Dead Man’s Statute” to defeat respondent’s claim cannot prevail over the factual findings of the trial court and the Court of Appeals that a partnership was established between respondent and Jacinto.  Based not only on the testimonial evidence, but the documentary evidence as well, the trial court and the Court of Appeals considered the evidence for respondent as sufficient to prove the formation of a partnership, albeit an informal one.
Ø  Josephine’s testimony do not lack probative value because she was not coerced, forced by respondent, her brother-in-law, to be a witness in his favor. The fact that Josephine is the sister of the wife of the respondent does not diminish the value of her testimony since relationship per se does not affect the credibility of witness.
·         Notably, petitioners did not present any evidence in their favor during trial. By the weight of judicial precedents, a factual matter like the finding of the existence of a partnership between respondent and Jacinto cannot be inquired into by this Court on review. This Court can no longer be tasked to go over the proofs presented by the parties and analyze, assess and weigh them to ascertain if the trial court and the appellate court were correct in according superior credit to this or that piece of evidence of one party or the other. It must be also pointed out that petitioners failed to attend the presentation of evidence of respondent.  Petitioners cannot now turn to this Court to question the admissibility and authenticity of the documentary evidence of respondent when petitioners failed to object to the admissibility of the evidence at the time that such evidence was offered.

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