Online Community of Law Students and Lawyers in the Philippines!

0 user(s) online | Show All
 
  • Increase font size
  • Default font size
  • Decrease font size
  • default color
  • blue color
  • green color
SC News
Labor chief takes oath as Supreme Court justice PDF Print E-mail
Written by Tetch Torres, Leila Salaverria   
Monday, 17 March 2008 16:54

MANILA, Philippines -- Labor Secretary Arturo Brion took his oath Monday as the 15th justice of the Supreme Court.

Brion said he would be independent and would honor the oath of office he took before Chief Justice Reynato Puno at the Supreme Court before noon Monday, amid concerns about the President Macapagal-Arroyo choosing a Cabinet member to join the high court.

Brion's appointment came less than a month after the retirement of Justice Angelina Sandoval Gutierrez on February 27. Arroyo had 90 days to fill in the vacancy.

Puno was asked if Brion would be allowed to vote on the Neri petition, but the Chief Justice told reporters to ask the newest magistrate of the tribunal.

Only the justices who had participated in the deliberations on a case could vote on it, the high court's spokesperson said earlier.

"I don't think [independence] will be an issue because while I was in the executive...my attention was fully focused on the executive. This time around, I'm with the judiciary and my attention, everything I've got, will be fully focused on the judiciary," Brion said.

He said Arroyo never gave him any instructions on his appointment to the tribunal and only congratulated him when she passed by him Monday at the San Miguel church where the Cabinet members were having a Lenten retreat.

"Art, congratulations. You have a new job," he quoted Arroyo as telling him.

He said he was told of his appointment to the high court Monday morning by Undersecretary Edwin Enrile of the Office of the President, who asked him to go to the Supreme Court office in Manila.

But as early as Sunday, he was already told to expect something, he said.

Upon his arrival at the high court's office, he said Puno gave him his appointment papers. .
A source said Brion's appointment papers were signed over the weekend.

Brion also said he only wanted to do his job at the high court in the same manner that he tackled his duties at the Department of Labor and Employment (DoLE). He said figures will show that when he was at the department's helm, there was minimal number of strikes and maximum employment and remittances.

He recommended Marianito Roque of the Overseas Workers Welfare Administration (OWWA) and Labor Undersecretary Romeo Lagman to take over his DoLE post in an acting capacity.

Either of them would be "very good replacements," he added.

Aside from Puno, 10 other justices were present at his oath-taking and welcomed him with applause. They are Justices Leonardo Quisumbing, Presbitero Velasco, Dante Tinga, Renato Corona, Eduardo Antonio Nachura, Adolf Azcuna, Teresita De Castro, Ruben Reyes, Conchita Carpio Morales and Antonio Carpio.

Brion, 61, became DoLE secretary in July 2006. Before that, he was a justice at the Court of Appeals for three years.

He also used to be an undersecretary for the labor and foreign affairs departments, as well as consultant for the Civil Service Commission. He was also a member of the Philippine National Assembly.

He was a senior partner at the Siguion Reyna, Montecillo & Ongsiako Law Offices, and a senior partner at the Natividad, Delos Reyes, Maambong & Brion office.

Brion topped the bar examinations in 1974 with a grade of 91.65 percent and got his law degree from the Ateneo de Manila University where he graduated cum laude and class valedictorian.

He got his undergraduate degree in Mathematics at the San Pablo Colleges.

He is married to Antonietta Articona, with whom he has two children, Antonella and Arturo Jr.

source: inquirer.net

Last Updated on Monday, 17 March 2008 16:56
 
SC Finds Former NLRC Chair Guilty of Sexual Harassment PDF Print E-mail
Written by Jen T. Tuazon   
Thursday, 21 February 2008 00:00

The Supreme Court has found former National Labor Relations Commission (NLRC) Chairman Rogelio I. Rayala (Rayala) guilty of committing acts of sexual harassment against Ma. Lourdes T. Domingo, a stenographic reporter at the NLRC.

In a 31-page decision penned by Justice Antonio Eduardo B. Nachura, the High Court’s Third Division upheld the finding of the Committee on Decorum and Investigation (CODI), the Office of the President (OP), and the Court of Appeals (CA)  that Rayala committed the administrative offense of sexual harassment under RA 7877, the Anti-Sexual Harassment Act. The Court held that the demand, request, or requirement of a sexual favor need not be articulated in a categorical oral or written statement and instead may already be sufficiently discerned from the offender’s acts. Even though no offer of work favors, such as continued employment or promotion, nor threats such as dismissal, were extended by Rayala to Domingo, the Court found the acts complained by Domingo as enough conditions for harassment for generating “an intimidating, hostile, or offensive environment for the employee,” which is one of the conditions provided under Section 3 of RA 7877, defining work-related sexual harassment.

The Court also dismissed Rayala’s allegations of conspiracy constituting political harassment in the absence of proof of ill motive on the part of Domingo, together with other NLRC employees as her witnesses, who stood to lose their jobs, among other unpleasant consequences, for pressing charges against the highest official of NLRC.

The Court also affirmed the penalty of one-year suspension imposed by the CA. Under AO 250 or the Rules and Regulations Implementing RA 7877 in the Department of Labor and Employment, the maximum penalty for the first offense of acts of disgraceful and immoral conduct is suspension for one-year. The second offense merits dismissal. Thus the Court, however held that the OP cannot validly dismiss Rayala.

“Rayala has thrown every argument in the book in a vain effort to effect his exoneration.  He even puts Domingo’s character in question and casts doubt on the morality of the former President who ordered, albeit erroneously, his dismissal from the service. Unfortunately for him, these are not significant factors in the disposition of the case. It is his character that is in question here and sadly, the inquiry showed that he has been found wanting,” said the Court.
 
In 1998, Domingo filed before the DOLE Secretary a complaint for sexual harassment against Rayala accusing the former NLRC Chair of unsolicited and untoward acts of body contact, making statements with sexual overtones, initiating inappropriate conversations, and giving her unsolicited money for school expenses, among other promises of future privileges. After an investigation by the CODI constituted under RA 7877, the OP found Rayala guilty and thus ordered his dismissal from service. On appeal before the CA, the appellate court affirmed the OP’s ruling on Rayala’s commission of sexual harassment but modified the penalty from dismissal to one-year suspension in accordance with AO 250.
           

Concurring with the decision were Justices Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez, Renato C. Corona, and Ruben T. Reyes. (GR Nos. 155831, 155840, and 158700. Domingo v. Rayala, Rayala v. Office of the President, et al., and Phil. v. Rayala. February 18, 2008)
 


Partner Ads

2009 Bar Countdown

The 2010 Bar Exam will start in
Goodluck to all Bar Examinees!

Message Board

Please Visit Our Forum!
  • drizter : meron po b d2ng ali vs castro case??
  • drizter : meron po b d2ng ali vs castro case??
  • abby : hi kindly help me i need commercial law latest reviewers
  • qwnxy : magkano nrolment arellano law review nila....thanx
  • qwnxy : magkano nrolment arellano law review nila....thanx
  • uztadz_24 : do you an idea when will be the release of 2009 bar?
  • wez : hello 2009 baristas. gudluck!
  • potchie : :)
  • potchie : hi can you give me an idea regarding legal research topics
  • potchie : hi can you give me an idea regarding legal research topics
  • nelaga : :D
  • redtagblogg : hi khim... welcome... obvious po na bago kayo, kasi nag-reply kayo sa isang post about land title na hindi naman related sa topic... hehe :P
  • khim : saan po pina process ang land title?
  • khim : :) hi.. bago po ako dito..
  • khim : :) hi.. bago po ako dito..
  • khim : :) hi.. bago po ako dito..
  • chrisgamuya : Atty. Flores, good evening! I replied to one of your mails. Hoping to talk to you soon
  • chrisgamuya : does anyone willing to talk about land registration law?
  • emanon_ph20 : :)
  • chuychay : atty.mhie can you give advice regarding oral defamation?
  • chuychay : seeks legal advice regarding oral defamation
  • escribiocet : :o
  • rjb : :)
  • emanon_ph20 : attorneys compensation depends on the services rendered if no contract was made pertaining thereto...
  • chrisgamuya : please connect with me via skype: chrisgamuyao
  • chrisgamuya : please connect with me via skype: chrisgamuyao
  • chrisgamuya : need advise obligation & contracts.
  • chrisgamuya : need advise obligation & contracts.
  • cathy_sulap : anyone from la salle university law school?
  • cathy_sulap : does anyone have case digest in credit transactions?paki-email lng po sa catherinesulapas@yahoo.com
  • frishbloom : can somebody help me kung ano ang magiging penalty if you were proven guilty for slight physical injury
  • frishbloom : can somebody help me kung ano ang magiging penalty if you were proven guilty for slight physical injury
  • Amani : I need some advise my relatives nasali sa carnapping, siya lang bibagsakan ng mga bike, ngaun hinahanap na siya nagtatago na siya ngaun, dapat ba na lumantad na siya.
  • Amani : I need some advise my relatives nasali sa carnapping, siya lang bibagsakan ng mga bike, ngaun hinahanap na siya nagtatago na siya ngaun, dapat ba na lumantad na siya.
  • black spide : anyone kindhearted fellow who can share the 2000 bar exams in ethics... pls upload to notesbank
  • marneltuble : Do you think Divorce will have a chance of becoming a law in the Philippines?

You have to login before you can shout!





Visitor Statistics

Visits today: 374
Visits yesterday: 382
Visits month: 3762
Visits total: 163989
Max.daily visits: 3199
��occurred: 2008-3-29
Max.monthly visits: 12717
��occurred: 2009-4
Pages today: 4559
Pages yesterday: 4725
Pages this month: 44337
Pages total: 1797869
Bots today: 199
Data since: 2008-03-12