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October-1996 Jurisprudence                 

  • Adm. Matter MTJ-93-850 October 2, 1996 - ROBERTO CARPIO v. RODOLFO R. DE GUZMAN, ET AL.

  • G.R. No. 116236 October 2, 1996 - VICTORIAS MILLING CO., INC. v. NLRC, ET AL.

  • G.R. No. 116347 October 3, 1996 - NATIVIDAD PONDOC v. NLRC, ET AL.

  • G.R. No. 118091 October 3, 1996 - PEOPLE OF THE PHIL. v. WILFREDO VIERNES, ET AL.

  • G.R. No. 120894 October 3, 1996 - PEOPLE OF THE PHIL. v. MORENO BAYANI

  • G.R. No. 122668 October 3, 1996 - JESSIE DE LEON v. PEOPLE OF THE PHIL.

  • G.R. No. 94548 October 4, 1996 - PEOPLE OF THE PHIL. v. GERARDO COGONON

  • G.R. No. 106722 October 4, 1996 - JOSEMARIA G. ESTRADA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108936 October 4, 1996 - SOL LAGUIO, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 117323 October 4, 1996 - PEOPLE OF THE PHIL. v. AGUSTIN DIAZ

  • G.R. No. 117514 October 4, 1996 - MT. CARMEL COLLEGE, ET AL. v. NLRC, ET AL.

  • G.R. No. 119007 October 4, 1996 - PEOPLE OF THE PHIL. v. ROMULO G. SORIA

  • G.R. No. 119290 October 4, 1996 - PEOPLE OF THE PHIL. v. ROBERTO PIASIDAD

  • G.R. No. 90655 October 7, 1996 - DANIEL V. ZARATE, JR. v. NORMA C. OLEGARIO, ET AL.

  • G.R. No. 103577 October 7, 1996 - ROMULO A. CORONEL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 102713 October 9, 1996 - EDWARD LITTON v. COURT OF APPEALS, ET AL.

  • G.R. No. 117950 October 9, 1996 - PEOPLE OF THE PHIL. v. ARADAM DE MANUEL

  • G.R. No. 119417 October 9, 1996 - PEOPLE OF THE PHIL. v. OMAR CLETO VARONA, JR.

  • G.R. No. 116172 October 10, 1996 - SAN MIGUEL FOODS, INC.-CEBU v. BIENVENlDO E. LAGUESMA, ET AL.

  • Adm. Matter No. P-96-1227 October 11, 1996 - RENATO L. LIRIO v. ARTURO A. RAMOS

  • G.R. No. 104624 October 11, 1996 - SAN PEDRO HOSPITAL OF DIGOS v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 108919 October 11, 1996 - PEOPLE OF THE PHIL. v. EDGAR S. CORDERO

  • G.R. No. 89075 October 15, 1996 - PEOPLE OF THE PHIL. v. ROBERTO GEROLAGA, ET AL.

  • G.R. No. 108433 October 15, 1996 - WALLEM MARITIME SERVICES, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 118320 October 15, 1996 - PEOPLE OF THE PHIL. v. RODOLFO E. CABODOC

  • G.R. No. 119014 October 15, 1996 - PEOPLE OF THE PHIL. v. JOJO P. PEREZ, ET AL.

  • G.R. No. 79543 October 16, 1996 - JOSE D. FILOTEO, JR. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 111401 October 17, 1996 - ERIBERTO G. VALENCIA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120385 October 17, 1996 - REPUBLIC OF THE PHIL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 120961 October 17, 1996 - DISTILLERIA WASHINGTON, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121574 October 17, 1996 - METRO TRANSIT ORGANIZATION, INC. v. NLRC, ET AL.

  • G.R. No. 107741 October 18, 1996 - FRANCISCO BERNARTE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109834 October 18, 1996 - CECILE SAN JUAN DITCHING, ET AL., v. COURT OF APPEALS, ET AL.

  • G.R. No. 110007 October 18, 1996 - HOLY CROSS OF DAVAO COLLEGE, INC. v. JEROME JOAQUIN, ET AL.

  • G.R. No. 120008 October 18, 1996 - PHIL. ADVERTISING COUNSELORS, INC., ET AL. v. NLRC, ET AL.

  • Adm. Matter No. MTJ- 95-1051 October 21, 1996 - EMERITO M. AGCAOILI v. BRICCIO A. AQUINO

  • G.R. No. 106427 October 21, 1996 - INTER-ASIA SERVICES CORP. (INT’L.) v. COURT OF APPEALS, ET AL.

  • G.R. No. 108461 October 21, 1996 - PHIL. INTERNATIONAL TRADING CORP., ET AL. v. ZOSIMO Z. ANGELES, ET AL.

  • G.R. No. 116013 October 21, 1996 - ANANIAS SOCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 105961 October 22, 1996 - PEOPLE OF THE PHIL. v. PACIFICO SUMAOY

  • G.R. No. 113926 October 23, 1996 - SECURITY BANK AND TRUST CO. v. RTC-MAKATI, BR. 61, ET AL.

  • G.R. No. 97935 October 23, 1996 - PEOPLE OF THE PHIL. v. JOEL T. ALIPOSA, ET AL.

  • G.R. No. 113926 October 23, 1996 - SECURITY BANK AND TRUST CO. v. REGIONAL TRIAL COURT-MAKATI, BR. 61, ET AL.

  • G.R. No. 98310 October 24, 1996 - MATUGUINA INTEGRATED WOOD PRODUCTS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106817 October 24, 1996 - PEOPLE OF THE PHIL. v. JULIAN RAPANUT, ET AL.

  • G.R. No. 114129 October 24, 1996 - MANILA ELECTRIC COMPANY v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 118347 October 24, 1996 - VICENTE LIM, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 101213-14 October 28, 1996 - PEOPLE OF THE PHIL. v. HENRY APILO

  • G.R. No. 112148 October 28, 1996 - PEOPLE OF THE PHIL. v. NUMERIANO JUBILAG

  • G.R. No. 115953 October 28, 1996 - GENOVEVA LIGOT SEMPIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116175 October 28, 1996 - PEDRO V. SOLIS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 120506 October 28, 1996 - PHILIPPINE AIRLINES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 120730 October 28, 1996 - RAMON J. BERNARDO, SR., ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-93-956 October 30, 1996 - OFFICE OF THE COURT ADMINISTRATOR v. ARTURO A. ALAGABAN, ET AL.

  • G.R. No. 102772 October 30, 1996 - PEOPLE OF THE PHIL. v. ROGELIO C. DEOPANTE

  • G.R. No. 107968 October 30, 1996 - ELIAS S. CIPRIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110296 October 30, 1996 - MID-PASIG LAND DEVELOPMENT CORP. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 113116 October 30, 1996 - PEOPLE OF THE PHIL. v. RONALD DE VERA

  • G.R. No. 121506 October 30, 1996 - MACTAN CEBU INT’L. AIRPORT AUTHORITY v. COURT OF APPEALS, ET AL.

  • G.R. No. 121519 October 30, 1996 - PEOPLE OF THE PHIL. v. VICENTE TY, ET AL.

  • G.R. No. 122256 October 30, 1996 - REPUBLIC OF THE PHIL., ET AL. v. COURT OF APPEALS. ET AL.

  • G.R. No. 123643 October 30, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

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    G.R. No. 110296   October 30, 1996 - MID-PASIG LAND DEVELOPMENT CORP. v. SANDIGANBAYAN, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 110296. October 30, 1996.]

    MID-PASIG LAND DEVELOPMENT CORPORATION, represented by the PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, Petitioner, v. SANDIGANBAYAN, and RICARDO C. SILVERIO for and in behalf of ANCHOR ESTATE CORPORATION, Respondents.


    SYLLABUS


    1. REMEDIAL LAW; SPECIAL CIVIL ACTIONS; CERTIORARI; WITH THE FILING OF THE "MANIFESTATION AND CONFESSION OF JUDGMENT" BY PRIVATE RESPONDENT, THERE IS NO LONGER ANY NECESSITY FOR THE COURT TO PASS UPON THE MERITS OF THE CASE. — With the filing of the ‘’Manifestation and Confession of Judgment" by private respondent, there is no longer any necessity for this Court to pass upon the merits of the case. We simply grant the said motion and thus grant the petition.


    R E S O L U T I O N


    PANGANIBAN, J.:


    This case involves an adverse claim of ownership over 18.2 hectares of land located in Ortigas Center, Pasig City which Jose Y. Campos — as nominee of former President Ferdinand Marcos — turned over to the government.

    On September 21, 1992, Ricardo C. Silverio filed a complaint docketed as Civil Case SB No. 0147 with the Sandiganbayan against the Presidential Commission on Good Government, Asset Privatization Trust, Mid-Pasig Land Development Corporation and Ortigas and Company Limited.

    Said complaint alleged that on or about May 31, 1968, Anchor Estate Corporation purchased from Ortigas and Company Limited Partnership a 16-hectare parcel of land located in Pasig, Metro Manila for P6,400,000.00. However, on August 10, 1971 title to the property was transferred in favor of Mid-Pasig Land Development Corporation, instead of to Anchor. Later, thru a Deed of Transfer dated December 9, 1974, an additional 2.4 hectares was likewise sold by Ortigas to Mid-Pasig. Thus, Transfer Certificates of Title Nos. 337158 (for the 16-hectare lot) and 469702 were issued in the name of Mid-Pasig, to the prejudice of Anchor. Shortly after the February 1986 revolution, Jose Y. Campos, the then president and majority stockholder of both Anchor and Mid-Pasig turned over control of Anchor and Mid-Pasig as well as the two aforesaid certificates of title to the Presidential Commission on Good Government, on the ground that he and the other shareholders controlling 70% of anchor were acting and holding said shares as nominees of former President Ferdinand E. Marcos. Silverio, who is allegedly the "actual beneficial and legal owner" of the balance of 30% in said company (Anchor), thus claims to have been prejudiced by such "fraudulent" cession of the two parcels of land totalling 18.2 hectares which are now valued in the billions of pesos, they being situated within the Ortigas Center in Pasig City. Thus, the complaint prayed for the reconveyance of said property to Silverio and/or Anchor, plus the payment of damages and attorney’s fees.

    On December 14, 1992, Ricardo Silverio filed a "Motion to Declare Mid-Pasig in Default" on the ground of failure to file its answer to the complaint. Subsequently, Silverio filed an Amended complaint dated January 18, 1993. On February 17, 1993 the PCGG filed before the trial court its "Comment/Opposition" to the motion to declare in default.

    On April 2, 1993 the Sandiganbayan (First Division, composed of J. Jose S. Balajadia, ponente; P.J. Francis E. Garchitorena and J. Cipriano A. Del Rosario, concurring) issued the herein assailed Order declaring Mid-Pasig in default. Upon denial of its motion for reconsideration, petitioner PCGG lodged the instant petition for certiorari before this court, on the following grounds:jgc:chanrobles.com.ph

    "I. Petitioner was not duly bound to file answer to the amended complaint pending resolution of respondent Ricardo C. Silverio’s motion to declare defendant Mid-Pasig in default dated December 14, 1992.

    II. Assuming petitioner was duty bound to file answer to the amended complaint its failure to filed said answer was due to mistake regarding a difficult question of law or procedure."cralaw virtua1aw library

    On February 16, 1994, this Court gave due course to the petition. After the parties filed their respective memoranda, the court heard oral argument on August 18, 1996 where two additional issues were raised at the instance of the Court itself, namely:chanrob1es virtual 1aw library

    (1) Whether the Sandiganbayan has jurisdiction over the complaint for reconveyance considering that it (the complaint) does not involve the recovery of supposed ill-gotten wealth as the property (18.2 hectares of land) has already been ceded in favor of the government by Jose Y. Campos; and

    (2) Whether Ricardo C. Silverio is the real party in interest in the suit a quo.

    Hence, we required the parties to file supplemental memoranda on the above issues.

    In compliance, petitioner filed a "Post Hearing Memorandum" dated September 9, 1996 contending "that the Sandiganbayan has no jurisdiction to hear and decide Sandiganbayan Civil Case No. 0147." For its part, private respondent submitted a "Manifestation and Confession of Judgment" dated August 29, 1996 alleging:jgc:chanrobles.com.ph

    "1. After (a) considering the manifestation by counsel for petitioner Mid-Pasig at the hearing last Monday, 26 August 1996, that the answer to the amended complaint that he would file in civil Case No. 0147 below would be the same as the answer he had filed for the co-defendant, PCGG, and (b) considering that said answer by the PCGG would inure to the benefit of Mid-Pasig were barred from filing its own answer, since Mid-Pasig and the PCGG appear to represent the same interest, and (c) in order to avoid any further delay in this case and Civil Case No. 0147, private respondent respectfully manifests that he hereby withdraws his objections to the Petition and to his efforts to declare Mid-Pasig in default. The prayer for relief in the Petition may no be granted without further delay."cralaw virtua1aw library

    With the filing of the above "Manifestation and Confession of Judgment" by private respondent, there is no longer any necessity for this Court to pass upon the merits of the case. We simply grant the said motion and thus grant the petition.

    WHEREFORE, the petition is hereby GRANTED. The assailed Resolution of the Sandiganbayan declaring petitioner in default in Civil Case N. 0147 are SET ASIDE. Petitioner PCGG is given fifteen (15) days from receipt hereof within which to file its answer to the Amended Complaint. No costs.

    SO ORDERED.

    Narvasa, C.J., Davide, Jr., Melo and Francisco, JJ., concur.

    G.R. No. 110296   October 30, 1996 - MID-PASIG LAND DEVELOPMENT CORP. v. SANDIGANBAYAN, ET AL.


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