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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
July-1996 Jurisprudence                 

  • G.R. No. 116600 July 3, 1996 - PEOPLE OF THE PHIL. v. REYNALDO LANDICHO

  • G.R. No. 119527 July 3, 1996 - EVELYN J. GARCIA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121910 July 3, 1996 - NATIONAL WATERWORKS AND SEWERAGE AUTHORITY, ET AL. v. NLRC

  • G.R. Nos. 98121-22 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO R. SALAZAR

  • G.R. No. 100629 July 5, 1996 - ENELYN E. PEÑA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100699 July 5, 1996 - PEOPLE OF THE PHIL. v. EDGAR C. GUTIERREZ

  • G.R. No. 102377 July 5, 1996 - ALFREDO SAJONAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 102998 July 5, 1996 - BA FINANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105583 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO TAMPON

  • G.R. No. 106296 July 5, 1996 - ISABELO T. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106413 July 5, 1996 - REPUBLIC OF THE PHIL. v. TACLOBAN CITY ICE PLANT, ET AL.

  • G.R. No. 107698 July 5, 1996 - GLORIA Z. GARBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 107824 July 5, 1996 - SUPERCLEAN SERVICES CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 109173 July 5, 1996 - CITY OF CEBU v. COURT OF APPEALS, ET AL.

  • G.R. No. 111324 July 5, 1996 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 111549 July 5, 1996 - PEOPLE OF THE PHIL. v. ARTEMIO P. ORTALEZA

  • G.R. Nos. 113178 & 114777 July 5, 1996 - RADIO COMMUNICATIONS OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 113549 July 5, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113827 July 5, 1996 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113948 July 5, 1996 - ARMANDO NICOLAS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114002 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO C. COMPENDIO, JR.

  • G.R. No. 115216 July 5, 1996 - PEOPLE OF THE PHIL. v. DAVID CABILES

  • G.R. No. 115825 July 5, 1996 - FRANKLIN DRILON v. COURT OF APPEALS, ET AL.

  • G.R. No. 116208 July 5, 1996 - PEOPLE OF THE PHIL. v. ESMAEL SALIDO

  • G.R. No. 116693 July 5, 1996 - PURITA DE LA PEÑA, ET AL. v. PEDRO R. DE LA PEÑA, ET AL.

  • G.R. No. 118203 July 5, 1996 - EMILIO A. SALAZAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118231 July 5, 1996 - VICTORIA L. BATIQUIN, ET AL. v. COURT OF APPEALS

  • G.R. No. 118284 July 5, 1996 - MAMERTO REFUGIA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118562 July 5, 1996 - ANGLO-KMU v. SAMANA BAY, ET AL.

  • G.R. No. 118691 July 5, 1996 - ALEJANDRO BAYOG, ET AL. v. ANTONIO M. NATINO, ET AL.

  • G.R. Nos. 118712 & 118745 July 5, 1996 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118824 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO GARCIA

  • G.R. No. 119069 July 5, 1996 - PEOPLE OF THE PHIL. v. DANILO EXCIJA

  • G.R. No. 119845 July 5, 1996 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120949 July 5, 1996 - ARACELI RAMOS FONTANILLA v. PEOPLE OF THE PHIL.

  • G.R. No. 121180 July 5, 1996 - GERARD A. MOSQUERA v. DELIA H. PANGANIBAN, ET AL.

  • G.R. No. 121592 July 5, 1996 - ROLANDO P. DELA TORRE v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 122807 July 5, 1996 - ROGELIO P. MENDIOLA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-91-712 July 9, 1996 - BEN D. MARCES, SR. v. PAUL T. ARCANGEL

  • G.R. No. 88189 July 9, 1996 - PEOPLE OF THE PHIL. v. TIBURCIO ABALOS

  • G.R. No. 103922 July 9, 1996 - SANTIAGO LAND DEVELOPMENT COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 104312 July 9, 1996 - PEOPLE OF THE PHIL. v. MARIO CABALLERO

  • G.R. No. 109563 July 9, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 114058 July 10, 1996 - PEOPLE OF THE PHIL. v. ZALDY B. FRANCISCO

  • G.R. No. 74495 July 11, 1996 - DUMEZ COMPANY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 80437-38 July 11, 1996 - PEOPLE OF THE PHIL. v. ROBERTO B. ABORDO

  • G.R. Nos. 94376-77 July 11, 1996 - PEOPLE OF THE PHIL. v. ELMER O. BELGA

  • G.R. No. 103174 July 11, 1996 - AMADO B. TEODORO v. COURT OF APPEALS, ET AL.

  • G.R. No. 103968 July 11, 1996 - PEOPLE OF THE PHIL. v. DIMSON M. GARDE

  • G.R. No. 104860 July 11, 1996 - CITYTRUST BANKING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106418 July 11, 1996 - DANIEL L. BORBON II, ET AL. v. SERVICEWIDE SPECIALISTS, INC., ET AL.

  • G.R. No. 109156 July 11, 1996 - STOLT-NIELSEN MARINE SERVICES (PHILS.) INC. v. NLRC, ET AL.

  • G.R. No. 110207 July 11, 1996 - FLORENTINO REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116221 July 11, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO G. GABRIS

  • Adm. Matter No. P-93-995 July 12, 1996 - ROBERTO JALBUENA v. EGARDO GELLADA, ET AL.

  • G.R. No. 88126 July 12, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96795 July 12, 1996 - ANTONIO M. CORRAL v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108926 July 12, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116128 & 116461 July 12, 1996 - ALLIED BANKING CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121139 July 12, 1996 - ISIDRO B. GARCIA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 88822 July 15, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO M. TUVILLA

  • G.R. No. 117661 July 15, 1996 - DANIEL VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 83437-38 July 17, 1996 - PEOPLE OF THE PHIL. v. WILFREDO R. GUARIN

  • G.R. No. 98458 July 17, 1996 - COCOLAND DEV. CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102037 July 17, 1996 - MELANIO IMPERIAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106977 July 17, 1996 - PEOPLE OF THE PHIL. v. AQUILIO ACABO

  • G.R. Nos. 109396-97 July 17, 1996 - PEOPLE OF THE PHIL. v. ROMEO S. OARGA

  • G.R. No. 114795 July 17, 1996 - LUCITA Q. GARCES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116728 July 17, 1996 - PEOPLE OF THE PHIL. v. RODELIO S. CRUZ

  • G.R. No. 120496 July 17, 1996 - FIVE STAR BUS CO., INC., ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-96-1088 July 19, 1996 - RODOLFO G. v. HERNANDO C. DOMAGTOY

  • G.R. Nos. 70168-69 July 24, 1996 - RAFAEL T. MOLINA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 95940 July 24, 1996 - PANTRANCO NORTH EXPRESS, INC. v. NLRC, ET AL.

  • G.R. No. 108052 July 24, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 110241 July 24, 1996 - ASIA BREWERY, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 115008-09 July 24, 1996 - PEOPLE OF THE PHIL. v. DANIEL C. QUIJADA

  • G.R. No. 120043 July 24, 1996 - AMERICAN HOME ASSURANCE CO., ET AL v. NLRC, ET AL.

  • G.R. No. 120099 July 24, 1996 - EDUARDO T. RODRIGUEZ v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 120303 July 24, 1996 - FEDERICO GEMINIANO, ET AL. v. COURT OF APPEALS, ET Al.

  • Adm. Matter No. RTJ-96-1336 July 25, 1996 - JOCELYN TALENS-DABON v. HERMIN E. ARCEO

  • G.R. No. 95223 July 26, 1996 - ALLIED BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105673 July 26, 1996 - PEOPLE OF THE PHIL. v. ANTONIO MAGANA

  • G.R. Nos. 105690-91 July 26, 1996 - PEOPLE OF THE PHIL v. RODOLFO CAGUIOA, SR.

  • G.R. No. 110731 July 26, 1996 - SHOPPERS GAIN SUPERMART, ET AL. v. NLRC, ET AL.

  • G.R. No. 111127 July 26, 1996 - ENGRACIO FABRE, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112175 July 26, 1996 - PEOPLE OF THE PHIL. v. RODOLFO DIAZ

  • G.R. Nos. 114280 & 115224 July 26, 1996 - PHILIPPINE AIRLINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115683 July 26, 1996 - DELIA MANUEL v. DAVID ALFECHE, JR., ET AL.

  • G.R. No. 118434 July 26, 1996 - SIXTA C. LIM v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119225 July 26, 1996 - PEOPLE OF THE PHIL. v. RODRIGO G. ABUTIN

  • G.R. No. 119328 July 26, 1996 - PROVIDENT INT’L. RESOURCES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119673 July 26, 1996 - IGLESIA NI CRISTO (INC.) v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-93-783 July 29, 1996 - OFFICE OF THE COURT ADMINISTRATOR v. FILOMENO PASCUAL

  • G.R. Nos. 97556 & 101152 July 29, 1996 - DAMASO S. FLORES v. COURT OF APPEALS, ET AL.

  • G.R. No. 111639 July 29, 1996 - MIDAS TOUCH FOOD CORPORATION v. NLRC, ET AL.

  • G.R. No. 114313 July 29, 1996 - MGG MARINE SERVICES, INC., ET AL. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1148 July 30, 1996 - PEDRO ROQUE, ET AL. v. ZENAIDA GRIMALDO

  • G.R. No. 102557 July 30, 1996 - ALFONSO D. ZAMORA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108028 July 30, 1996 - PEOPLE OF THE PHIL. v. CRISTINA M. HERNANDEZ

  • G.R. No. 116512 July 30, 1996 - PEOPLE OF THE PHIL. v. LEOPOLDO BACANG, ET AL.

  • G.R. No. 116542 July 30, 1996 - HONGKONG AND SHANGHAI BANKING CORP. v. NLRC, ET AL.

  • G.R. No. 118590 July 30, 1996 - D.M. CONSUNJI, INC. v. RAMON S. ESGUERRA, ET AL.

  • G.R. No. 122241 July 30, 1996 - BOARD OF OPTOMETRY, ET AL. v. ANGEL B COLET, ET. AL.

  • G.R. Nos. 111517-19 July 31, 1996 - PEOPLE OF THE PHIL. v. ROGER N. AUSTRIA

  • G.R. No. 112233 July 31, 1996 - COKALIONG SHIPPING LINES v. OMAR U. AMIN

  • G.R. No. 112611 July 31, 1996 - CLARA ATONG VDA. DE PANALIGAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116015 July 31, 1996 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 119306 July 31, 1996 - PEOPLE OF THE PHIL. v. DANTE BELTRAN

  • G.R. No. 121917 July 31, 1996 - ROBIN CARIÑO PADILLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 122274 July 31, 1996 - SUSAN V. LLENES v. ISAIAS P. DICDICAN, ET AL.

  • G.R. No. 122749 July 31, 1996 - ANTONIO A. S. VALDES v. RTC, BRANCH 102, QUEZON CITY, ET AL.

  •  





     
     

    G.R. No. 103922   July 9, 1996 - SANTIAGO LAND DEVELOPMENT COMPANY v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 103922. July 9, 1996.]

    SANTIAGO LAND DEVELOPMENT COMPANY, Petitioner, v. COURT OF APPEALS and KOMATSU INDUSTRIES (PHILS.), INC., Respondents.


    SYLLABUS


    1. REMEDIAL LAW; CIVIL PROCEDURE; DEPOSITION; WRITTEN INTERROGATORIES; FAILURE OR REFUSAL TO ANSWER THERETO IS A GOOD BASIS FOR THE DISMISSAL OF A COMPLAINT FOR NON-SUIT. — Section 5, Rule 29 of the Rules of Court warrants the dismissal of the complaint when the plaintiff fails or refuses to answer the written interrogatories. If plaintiff fails or refuses to answer the interrogatories, it may be good basis for the dismissal of his complaint for non-suit unless he can justify such failure or refusal. It should be noted that it is discretionary on the court to order the dismissal of the action.

    2. ID.; SPECIAL CIVIL ACTIONS; CERTIORARI; INTENDED TO CORRECT DEFECTS OF JURISDICTION AND NOT TO CORRECT ERRORS OF PROCEDURE. — We agree with the respondent court that although there was an error of judgment in denying the motion to dismiss, nevertheless, such cannot be considered as grave abuse of discretion and therefore, correctable by certiorari. Certiorari is not available to correct errors of procedure or mistakes in the judge’s findings and conclusions and that certiorari will not be issued to cure errors in proceedings or to correct erroneous conclusions of law and fact. Furthermore, the denial of a motion to dismiss or to quash, being interlocutory, cannot be questioned by certiorari, it cannot be subject of appeal, until final judgment or order is rendered.


    D E C I S I O N


    TORRES, JR., J.:


    Challenged in this petition for review on certiorari filed by petitioner Santiago Land Development Corporation is the decision of the Court of Appeals dated December 26, 1991, the dispositive portion of which reads:jgc:chanrobles.com.ph

    "WHEREFORE, considering all the foregoing premises, this petition is DISMISSED.

    No pronouncement as to costs." 1

    The following are the antecedent facts:chanrob1es virtual 1aw library

    For failure of respondent Komatsu Industries (Phil.) to pay its indebtedness amounting to P27,000,000, the Philippine National Bank (PNB, for brevity) initiated the foreclosure proceedings of the 18,000 square meter mortgaged property located at 2275 Pasong Tamo Extension, Makati and covered by TCT No. 469737 (S-5697) duly registered in the name of the mortgagor, herein respondent Komatsu Industries.

    On December 16, 1983, respondent Komatsu Industries filed an action with the Regional Trial Court, Branch 26, Makati, docketed as Civil Case No. 5937, seeking to prevent the foreclosure of the subject property. The trial court issued a temporary restraining order but the property was, extrajudicially foreclosed by the PNB. Thereafter, respondent Komatsu Industries filed an amended petition for the declaration of nullity of the extrajudicial foreclosure sale.

    During the pendency of Civil Case No. 5937, petitioner Santiago Land Development Corporation (SLDC, for brevity) purchased the subject property for P90,000,000 and a deed of absolute sale was executed by the PNB on November 21, 1989. Consequently, petitioner SLDC filed a motion for intervention alleging that any ruling or decision adverse to PNB would necessarily bind SLDC as transferee pendente lite. Petitioner SLDC was then allowed to intervene in the case at bar.

    On November 20, 1990, petitioner SLDC served written interrogatories on respondent Komatsu Industries’ counsel. 2 The interrogatories were not, however, answered by the respondent by reason of which petitioner SLDC filed a motion to dismiss the action with prejudice based on Sec. 5, Rule 29 of the Rules of Court.

    An opposition to the motion to dismiss was filed by respondent Komatsu Industries alleging inter alia that there was no valid service of the written interrogatories inasmuch as the service was made on the respondent’s counsel and not directly upon any of the respondent’s officers who were competent to testify in its behalf, pursuant to Sec. 1, Rule 25 of the Revised Rules of Court.

    In an order dated March 14, 1991, the trial court denied the motion to dismiss. 3 Petitioner SLDC filed a motion for reconsideration but the same was denied. 4

    Petitioner SLDC filed a petition for review before this Court but it was referred to the Court of Appeals by resolution dated July 17, 1991.

    In the assailed decision of the Court of Appeals dated December 26, 1991, it was held:jgc:chanrobles.com.ph

    "In the case at bar, the private respondent itself admitted that the interrogatories were served upon its counsel of record Emerito Salva and Associates. There is, therefore, a valid service of the interrogatories upon private Respondent." 5

    However, while the Court of Appeals ruled that there was a valid service and the failure of the respondent to answer the interrogatories would warrant the dismissal of the case, nevertheless, it explained, thus:jgc:chanrobles.com.ph

    "However, while respondent court may have committed an error of judgment in denying the motion to dismiss filed by the petitioner in this case based on his interpretation of the rules, the said court may hardly be accused of grave abuse of discretion as would be tantamount to lack of or excess in jurisdiction. Certiorari, therefore, does not lie in the case at bar. As held in GSIS v. Court of Appeals; 169 SCRA 244, a petition for certiorari is intended to correct defects of jurisdiction solely and not to correct errors of procedure or matters in the court a quo’s findings or conclusions. (citing Ilacad v. Court of Appeals, 78 SCRA 310)." 6

    The Court of Appeals dismissed the petition, hence, this petition for review before us.

    Petitioner SLDC now argues that the civil action should have been ordered dismissed with prejudice because of private respondent’s deliberate, knowing, and continued refusal to answer the written interrogatories. The respondent court, therefore, committed grave abuse of discretion and/or disregarded the usual course of judicial proceedings when it refused to order the dismissal of the civil case. Petitioner invokes Section 5, Rule 29 of the Rules of Court, which provides, to wit:jgc:chanrobles.com.ph

    "If a party or an officer or managing agent of a party wilfully fails to appear before the officer who is to take his deposition, after being served with a proper notice, or fails to serve answers to interrogatories submitted under Rule 25, after proper service of such interrogatories, the court on motion and notice, may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, and its discretion, order him to pay reasonable expenses incurred by the other, including attorney’s fees."cralaw virtua1aw library

    The dismissal of the civil action would allegedly be the proper sanction to respondent’s refusal to answer the interrogatories. Moreover, justice would allegedly be promoted considering that the civil action was purportedly without basis and was purely for harassment.

    In its comment, private respondent Komatsu Industries avers that the court did not commit grave abuse of discretion in declaring that the petition for certiorari filed by the petitioner was not the proper remedy. The dismissal of the petition was proper since the interrogatories were served after private respondent had rested its case and after the presentation of evidence, hence, improperly served.

    Section 5, Rule 29 of the Rules of Court Warrants the dismissal of the complaint when the plaintiff fails or refuses to answer the written interrogatories. If plaintiff fails or refuses to answer the interrogatories, it may be a good basis for the dismissal of his complaint for non-suit unless he can justify such failure or refusal. 7 It should be noted that it is discretionary on the court to order the dismissal of the action.

    In Arellano v. CFI, 8 it was held that —

    "The dismissal of an action for failure of the plaintiff to prosecute the same rests upon the sound discretion of the trial court and will not be reversed on appeal in the absence of abuse. The burden of showing abuse of judicial discretion is upon appellant since every presumption is in favor of correctness of the court’s action. (1 Moran, pp. 528-529, 1970 ed.)."cralaw virtua1aw library

    We agree with the respondent court that although there was an error of judgment in denying the motion to dismiss, nevertheless, such cannot be considered as grave abuse of discretion and therefore, correctable by certiorari. Certiorari is not available to correct errors of procedure or mistakes in the judge’s findings and conclusions and that certiorari will not be issued to cure errors in proceedings or to correct erroneous conclusions of law and fact. 9 Furthermore, the denial of a motion to dismiss or to quash, being interlocutory, cannot be questioned by certiorari, it cannot be subject of appeal, until final judgment or order is rendered. 10

    Considering the foregoing premises, a petition for a review by certiorari in the case at bar does not lie. In Philippine Virginia Tobacco Administration v. Lucero, 11 it was lucidly stated that —

    "For certiorari to lie, there must be a capricious, arbitrary, and whimsical exercise of power, the very antithesis of the judicial prerogative in accordance with centuries of both civil law and common law traditions (Panaligan v. Adolfo, 67 SCRA 176.) The abuse of discretion must be grave and patent and it must be shown that the discretion was exercised arbitrarily or despotically (Palma and Ignacio v. Q & S, Inc., Et Al., 17 SCRA 97)."cralaw virtua1aw library

    Absent any arbitrary or despotic exercise of judicial power as to amount to abuse of discretion on the part of the respondent court, the instant petition cannot prosper.

    ACCORDINGLY, the petition is hereby DISMISSED for lack of merit with costs against petitioner.

    SO ORDERED.

    Regalado, Romero, Puno and Mendoza, JJ., concur.

    Endnotes:



    1. Decision, pp. 160-167, Records (CA G.R. No. 25547); Associate Justice Salome A. Montoya, Ponente and concurred by Associate Justice Fidel P. Purisima, Chairman of the Tenth Division, Court of Appeals, and Associate Justice Eduardo R. Bengzon, Senior Member.

    2. Annex "D", Petition, pp. 41-45, Records (CA G.R, SP No. 25547).

    3. Annex "A", Order of the Regional Trial, Branch 62, Makati, dated March 14, 1991, pp. 24-25, supra.

    4. Annex "B", Order of the Regional Trial, dated April 23, 1991, pp. 26-28, ibid.

    5. Decision, supra., 164.

    6. Supra.

    7. Cason v. San Pedro, L-18928, Dec. 1962.

    8. L-34897, July 15, 1975, 65 SCRA 46.

    9. De Vera v. Pineda, G.R. 96333, Sept. 2, 1992, 213 SCRA 434.

    10. Reyes v. Camilon, G.R. 46198, Dec. 20, 1990, 192 SCRA 445.

    11. L-32550, 125 SCRA 337.

    G.R. No. 103922   July 9, 1996 - SANTIAGO LAND DEVELOPMENT COMPANY v. COURT OF APPEALS, ET AL.


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