Professional Documents
Culture Documents
HON.
MARTINEZ, J.:
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before the said court that the DAR was merely in the
processing stage of the applications of farmers-claimants
and has agreed to respect status quo pending the resolution
of the petition.
16. In resolving the appeal, the Office of the President,
through then Executive Secretary Ruben D. Torres, issued a
Decision in OP Case No. 96-C-6424, dated March 29, 1996,
reversing the DAR Secretarys decision, the pertinent
portions of which read:
After a careful evaluation of the petition vis--vis the grounds
upon which the denial thereof by Secretary Garilao was
based, we find that the instant application for conversion by
the Municipality of Sumilao, Bukidnon is impressed with
merit. To be sure, converting the land in question from
agricultural to agro-industrial would open great opportunities
for employment and bring about real development in the
area towards a sustained economic growth of the
municipality. On the other hand, distributing the land to
would-be beneficiaries (who are not even tenants, as there
are none) does not guarantee such benefits.
Nevertheless, on the issue that the land is considered a
prime agricultural land with irrigation facility it maybe
appropriate to mention that, as claimed by petitioner, while it
is true that there is, indeed, an irrigation facility in the area,
the same merely passes thru the property (as a right of way)
to provide water to the ricelands located on the lower portion
thereof. The land itself, subject of the instant petition, is not
irrigated as the same was, for several years, planted with
pineapple by the Philippine Packing Corporation.
On the issue that the land has long been covered by a
Notice of Compulsory Acquisition (NCA) and that the existing
policy on withdrawal or lifting on areas covered by NCA is
not applicable, suffice it to state that the said NCA was
declared null and void by the Department of Agrarian Reform
Adjudication Board (DARAB) as early as March 1, 1992.
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and the Office of the President had long become final and
executory, the same can no longer be reviewed by the
courts. It is well-established in our jurisprudence that the
decisions and orders of administrative agencies, rendered
pursuant to their quasi-judicial authority, have upon their
finality, the force and binding effect of a final judgment within
the purview of the doctrine of res judicata [Brillantes v.
Castro, 99 Phil. 497 (1956), Ipekdijna Merchandizing Co.,
Inc. v. Court of Tax Appeals, G.R. No. L-15430, September
30, 1963, 9 SCRA 72.] The rule of res judicata which forbids
the reopening of a matter once judicially determined by
competent authority applies as well to the judicial and quasijudicial acts of public, executive or administrative officers and
boards acting within their jurisdiction as to the judgments of
courts having general judicial powers [Brillantes v. Castro,
supra at 503].
The orderly administration of justice requires that the
judgments/resolutions of a court or quasi-judicial body must
reach a point of finality set by the law, rules and regulations.
The noble purpose is to write finis to disputes once and for
all.
This is a fundamental principle in our justice
system, without which there would be no end to litigations.
Utmost respect and adherence to this principle must always
be maintained by those who wield the power of adjudication.
Any act which violates such principle must immediately be
struck down.
Therefore, the assailed Win-Win Resolution which
substantially modified the Decision of March 29, 1996 after it
has attained finality, is utterly void. Such void resolution, as
aptly stressed by Justice Thomas A. Street
in a
1918 case,
is a lawless thing, which can be
treated as an outlaw and slain at sight, or ignored wherever
and whenever it exhibits its head.
WHEREFORE, the present petition is hereby GRANTED.
The challenged Resolution dated November 7, 1997, issued
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EN BANC
[G.R. No. 122226. March 25, 1998]
UNITED PEPSI-COLA SUPERVISORY UNION
(UPSU), petitioner, vs. HON. BIENVENIDO
E.
LAGUESMA
and
PEPSI-COLA
PRODUCTS,
PHILIPPINES,
INC.
respondents.
DECISION
MENDOZA, J.:
The Court now finds that the job evaluation made by the
Secretary of Labor is indeed supported by substantial
evidence. The nature of the job of route managers is given in
a four-page pamphlet, prepared by the company, called
"Route Manager Position Description," the pertinent parts of
which read:
A. BASIC PURPOSE
A Manager achieves objectives through others.
As a Route Manager, your purpose is to meet the sales plan;
and you achieve this objective through the skillful
MANAGEMENT OF YOUR JOB AND THE
MANAGEMENT OF YOUR PEOPLE.
These then are your functions as Pepsi-Cola Route
Manager. Within these functions - managing your
job and managing your people - you are
accountable to your District Manager for the
execution and completion of various tasks and
activities which will make it possible for you to
achieve your sales objectives.
B. PRINCIPAL ACCOUNTABILITIES
1.0 MANAGING YOUR JOB
The Route Manager is accountable for the following:
1.1 SALES DEVELOPMENT
1.1.1 Achieve the sales plan.
1.1.2 Achieve all distribution and new account objectives.
1.1.3 Develop new business opportunities thru personal
contacts with dealers.
1.1.4 Inspect and ensure that all merchandizing [sic]
objectives are achieved in all outlets.
1.1.5 maintain and improve productivity of all cooling
equipment and kiosks.
1.1.6 Execute and control all authorized promotions.
the first place. For the same reason, that it discourages those best
qualified to get ahead, it is wrong for industry, and particularly for the future
strength and productivity of our country.15 In the Philippines, the
question whether managerial employees have a right of selforganization has arisen with respect to first-level managers
or supervisors, as shown by a review of the course of labor
legislation in this country.
Right of Self-Organization of Managerial Employees under Pre-Labor Code Laws
Operations Assistant B
Field Engineer
Sr. Opers. Supvr. - MIA A/S
Purchasing Assistant
Jr. Construction Engineer
St. Sales Supervisor
Deport Supervisor A
Terminal Accountant B
Merchandiser
Dist. Sales Prom. Supvr.
Instr. - Merchandising
Asst. Dist. Accountant B
Sr. Opers. Supervisor
Jr. Sales Engineer A
Asst. Bulk Ter. Supt.
Sr. Opers. Supvr.
Credit Supervisor A
Asst. Stores Supvr. A
Ref. Supervisory Draftsman
Refinery Shift Supvr. B
Asst. Supvr. A - Operations (Refinery)
Refinery Shift Supvr. B
Asst. Lab. Supvr. A (Refinery)
St. Process Engineer B (Refinery)
Asst. Supvr. A - Maintenance (Refinery)
Asst. Supvr. B - Maintenance (Refinery)
Supervisory Accountant (Refinery)
Communications Supervisor (Refinery)
Finally, also deemed included are all other employees
excluded from the rank and file unions but not classified as
managerial or otherwise excludable by law or applicable
judicial precedents.
Right of Self-Organization of Managerial Employees under the Labor Code
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