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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/

A gentle daily reminder to practice gratitude. Let's find joy in the present moment and appreciate the things we often take for granted. Wishing everyone a meaningful and positive day ahead! ✨

The has ruled that non-verbal threatening gestures with criminal intent may be considered grave threats under the 𝘙𝘦𝘷𝘪𝘴𝘦𝘥 𝘗𝘦𝘯𝘢𝘭 𝘊𝘰𝘥𝘦 (𝘙𝘗𝘊).

In a Decision written by Associate Justice Alfredo Benjamin S. Caguioa, the SC’s Third Division acquitted Gregory Israel of grave threats after finding no criminal intent in his gesture of pretending to shoot and behead two individuals.

But it clarified that the crime of grave threats may be committed through non-verbal gestures and not only through spoken or written words.

Israel, who claimed to be a Belgian architect allowed to practice his profession in the Philippines, was hired by Belgian business partners Christine Helena Amanda Navez and Olivier Edmund Denonville for the construction of their building. After Israel refused to correct the construction defects in the said building, Navez and Denonville filed a case for damages against him.

Sometime in 2017, while Navez and Denonville were on their way home from the airport, they nearly collided with Israel’s motorcycle. The latter then allegedly made two overt gestures: pointing his fingers at Navez’s head as if pulling a gun trigger and drawing his fingers across his neck as if threatening to behead Navez.

Israel was convicted of grave threats. When his conviction was affirmed by the Court of Appeals, he sought relief from the SC, arguing that he had no criminal intent when he performed the acts, and that Article 282 of the 𝘙𝘗𝘊 does not cover pure non-verbal gestures.

The SC acquitted Israel after finding that criminal intent was not proven. But it disagreed with his other argument, ruling that non-verbal gestures may be considered grave threats.

To convict for grave threats, the 𝘙𝘗𝘊 requires two elements: the 𝗮𝗰𝘁𝘂𝗮𝗹 𝘀𝗽𝗲𝗮𝗸𝗶𝗻𝗴 𝗼𝗿 𝘂𝘁𝘁𝗲𝗿𝗶𝗻𝗴 𝗼𝗳 𝘁𝗵𝗲 𝘁𝗵𝗿𝗲𝗮𝘁𝘀 and the 𝗶𝗻𝘁𝗲𝗻𝘁 𝘁𝗼 𝗶𝗻𝘁𝗶𝗺𝗶𝗱𝗮𝘁𝗲.

The SC held that Article 282 of the 𝘙𝘗𝘊 does not differentiate between threats conveyed verbally and those expressed through non-verbal gestures. What matters is the communication of a threat intended to intimidate.

Although the second paragraph of the provision specifies that threats can be conveyed orally or in writing, it does not exclude threats conveyed through non-verbal means. Therefore, threats can be either verbal or non-verbal.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=166072.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=164941.

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

Naglabas ang ng isang Desisyon sa wikang Filipino, na layong gawing mas malapit sa mga mamamayan, mas nauunawaan at mas nakatuon sa mga pangangailangan ng publiko ang katarungan.

Sa Desisyon sa kasong Velarde at Macasaet v. Kagagalang-Galang na Hukuman ng Pag-aapela sa Buwis na isinulat ni Associate Justice Maria Filomena D. Singh, nagpasya ang Ikatlong Dibisyon ng Korte na isantabi ang petisyong inihain nina Mel V. Velarde at Angeline L. Macasaet dahil naging 𝘮𝘰𝘰𝘵 na o wala nang saysay ang usapin.

Kinuwestiyon sa petisyon ang mga naging pagdinig ng Hukuman ng Pag-aapela sa Buwis o Court of Tax Appeals (CTA) kaugnay ng kasong kriminal na 𝘵𝘢𝘹 𝘦𝘷𝘢𝘴𝘪𝘰𝘯 na nag-ugat umano sa sadyang pagdeklara ng mas mababang halaga ng transaksiyong may kinalaman sa ari-arian (𝘶𝘯𝘥𝘦𝘳𝘷𝘢𝘭𝘶𝘢𝘵𝘪𝘰𝘯 𝘰𝘧 𝘢 𝘱𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘵𝘳𝘢𝘯𝘴𝘢𝘤𝘵𝘪𝘰𝘯).

Naging 𝘮𝘰𝘰𝘵 ang kaso nang pagbigyan ng Court of Tax Appeals ang 𝘮𝘰𝘵𝘪𝘰𝘯 𝘧𝘰𝘳 𝘳𝘦𝘤𝘰𝘯𝘴𝘪𝘥𝘦𝘳𝘢𝘵𝘪𝘰𝘯 ng mga petisyoner sa pagtanggi nito sa kanilang 𝘥𝘦𝘮𝘶𝘳𝘳𝘦𝘳 𝘵𝘰 𝘦𝘷𝘪𝘥𝘦𝘯𝘤𝘦. Ibig sabihin, tuluyan nang isinantabi ang kasong kriminal. Dahil dito, nagpasya ang Korte Suprema na wala nang natitirang aktuwal na kontobersiyang kailangang resolbahin at hindi rin ito isa sa mga eksepsiyon sa doktrina ng 𝘮𝘰𝘰𝘵𝘯𝘦𝘴𝘴.

Sa paggamit ng wikang Filipino, mas naipapaintindi ng Korte Suprema sa mga mamamayan ang pangangatwiran sa mga desisyon nito. Mas madali kasing maintindihan ng publiko kung nakasulat ito sa wikang Filipino, bilang isa sa mga opisyal na wika ng bansa at wikang malawak na nauunawaan ng nakararami.

Kapag ang batas ay naipahahayag sa wikang ginagamit ng mga mamamayan, nakatutulong itong patatagin ang tiwala ng publiko at iparamdam sa kanilang bahagi sila ng sistema. Higit sa lahat, natutugunan ang pangako ng Saligang Batas na ang katarungan ay dapat madaling maabot at mapakinabangan ng lahat.

Basahin ang buong press release sa https://sc.judiciary.gov.ph/supreme-court-uses-filipino-decision-to-advance-access-to-justice/

Basahin ang buong Desisyon sa https://sc.judiciary.gov.ph/210480-mel-v-velarde-at-angeline-l-macasaet-vs-kagalang-galang-na-hukuman-ng-pag-aapela-sa-buwis-et-al/

Sumunod sa Credit Attribution Policy ng SC PIO: https://sc.judiciary.gov.ph/credit-attribution-policy/.