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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-1997 Jurisprudence                 

  • G.R. No. 96649-50 July 1, 1997 - PEOPLE OF THE PHIL. v. LYNDON V. MACOY

  • G.R. No. 109660 July 1, 1997 - PEOPLE OF THE PHIL. v. ROMEO NELL

  • G.R. No. 124914 July 2, 1997 - JESUS UGADDAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 123074 July 4, 1997 - PEOPLE OF THE PHIL. v. FERNANDO M. FERNANDEZ

  • Adm. Matter No. MTJ-94-1017 July 7, 1997 - OSCAR B. LAMBINO v. AMADO A. DE VERA

  • Adm. Matter No. P-97-1245 July 7, 1997 - BENIGNO G. GAVIOLA v. NOEL NAVARETTE

  • G.R. No. 105760 July 7, 1997 - PNB v. COURT OF APPEALS, ET AL.

  • G.R. No. 107193 July 7, 1997 - EUGENIO TENEBRO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112006 July 7, 1997 - PEOPLE OF THE PHIL. v. ROBERTO S. DE VERA

  • G.R. No. 114275 July 7, 1997 - IÑIGO F. CARLET v. COURT OF APPEALS, ET AL.

  • G.R. No. 116962 July 7, 1997 - MARIA SOCORRO CACA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118940-41 & 119407 July 7, 1997 - PEOPLE OF THE PHIL. v. GREGORIO MEJIA, ET AL.

  • G.R. No. 119872 July 7, 1997 - REMEDIOS NAVOA RAMOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 122206 July 7, 1997 - RAFAEL ARCEGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 105284 July 8, 1997 - PEOPLE OF THE PHIL. v. IGNACIO ZUMIL

  • G.R. No. 106099 July 8, 1997 - PEOPLE OF THE PHIL. v. AGUSTIN SOTTO, ET AL.

  • G.R. No. 109814 July 8, 1997 - PEOPLE OF THE PHIL. v. FERNANDO MAALAT

  • G.R. No. 112797 July 8, 1997 - PEOPLE OF THE PHIL. v. NIDA ALEGRO

  • G.R. No. 114265 July 8, 1997 - PEOPLE OF THE PHIL. v. GREGORIO MAGALLANES

  • G.R. No. 115307 July 8, 1997 - MANUEL LAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115703 July 8, 1997 - EPIFANIO L. CASOLITA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117501 July 8, 1997 - SOLID HOMES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122308 July 8, 1997 - PURITA S. MAPA, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. SC-96-1 July 10, 1997 - DAMASO S. FLORES v. BERNARDO P. ABESAMIS

  • Adm. Matter No. P-97-1236 July 11, 1997 - MADONNA MACALUA v. DOMINGO TIU, JR.

  • Adm. Matter No. P-97-1249 July 11, 1997 - PACITA SY TORRES v. FROILAN S. CABLING

  • G.R. No. 104865 July 11, 1997 - PEOPLE OF THE PHIL. v. VICTORIANO PONTILAR, JR.

  • G.R. Nos. 113511-12 July 11, 1997 - PEOPLE OF THE PHIL. v. DANILO SINOC

  • G.R. No. 115033 July 11, 1997 - PONCIANO T. MATANGUIHAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123204 July 11, 1997 - NATIONWIDE SECURITY AND ALLIED SERVICES, INC. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1158 July 14, 1997 - EUFEMIA BERCASIO v. HERBERTO BENITO, ET AL.

  • G.R. No. 106153 July 14, 1997 - FLORENCIO G. BERNARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 108838 July 14, 1997 - PAGCOR v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116528-31 July 14, 1997 - PEOPLE OF THE PHIL. v. MARIETO ADORA

  • G.R. No. 108492 July 15, 1997 - PEOPLE OF THE PHIL. v. NOEL BANIEL, ET AL.

  • G.R. No. 118078 July 15, 1997 - PEOPLE OF THE PHIL. v. OSCAR VILLANUEVA

  • G.R. No. 123379 July 15, 1997 - BAROTAC SUGAR MILLS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 115439-41 July 16, 1997 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 120437-41 July 16, 1997 - PEOPLE OF THE PHIL. v. ARMANDO ALVARIO

  • Adm. Matter No. RTJ-97-1382 July 17, 1997 - REXEL M. PACURIBOT v. RODRIGO F. LIM, JR.

  • G.R. No. 105002 July 17, 1997 - PEOPLE OF THE PHIL. v. DIARANGAN DANSAL

  • G.R. No. 108634 July 17, 1997 - ANTONIO P. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111165 July 17, 1997 - PEOPLE OF THE PHIL. v. ROGELIO MERCADO, ET AL.

  • G.R. No. 113257 July 17, 1997 - PEOPLE OF THE PHIL. v. JOHNNY LASCOTA

  • G.R. No. 114742 July 17, 1997 - CARLITOS E. SILVA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118860 July 17, 1997 - ROLINDA B. PONO v. NLRC, ET AL.

  • G.R. No. 120262 July 17, 1997 - PAL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125195 July 17, 1997 - SAMAHAN NG MGA MANGGAGAWA SA BANDOLINO, ET AL. v. NLRC, ET AL.

  • Adm. Matter No. RTJ-96-1362 July 18, 1997 - DSWD, ET AL. v. ANTONIO M. BELEN, ET AL.

  • Adm. Matter No. RTJ-95-1283 July 21, 1997 - DAVID C. NAVAL, ET AL. v. JOSE R. PANDAY, ET AL.

  • G.R. No. 108488 July 21, 1997 - PEOPLE OF THE PHIL. v. RODENCIO NARCA, ET AL.

  • G.R. No. 111002 July 21, 1997 - PACIFIC MARITIME SERVICES, INC., ET AL. v. NICANOR RANAY, ET AL.

  • G.R. No. 117402 July 21, 1997 - PEOPLE OF THE PHIL. v. ROLLIE L. ALVARADO

  • G.R. No. 119184 July 21, 1997 - HEIRS OF FELICIDAD CANQUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121768 July 21, 1997 - PEOPLE OF THE PHIL. v. DOMINGO CASTILLO, JR.

  • G.R. Nos. 122250 & 122258 July 21, 1997 - EDGARDO C. NOLASCO v. COMELEC, ET AL.

  • G.R. No. 124347 July 21, 1997 - CMS STOCK BROKERAGE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125510 July 21, 1997 - PEOPLE OF THE PHIL. v. RENATO LISING

  • G.R. No. 111933 July 23, 1997 - PLDT v. NLRC, ET AL.

  • G.R. Nos. 112429-30 July 23, 1997 - PEOPLE OF THE PHIL. v. RODOLFO P. CAYETANO

  • G.R. Nos. 118736-37 July 23, 1997 - PEOPLE OF THE PHIL. v. TANG WAI LAN

  • Adm. Matter No. P-96-1205 July 24, 1997 - OSCAR P. DE LOS REYES v. ESTEBAN H. ERISPE, JR.

  • Adm. Matter No. RTJ-97-1383 July 24, 1997 - JOSE LAGATIC v. JOSE PEÑAS, JR., ET AL.

  • G.R. No. 104663 July 24, 1997 - PEOPLE OF THE PHIL. v. DAVID SALVATIERRA

  • G.R. No. 105004 July 24, 1997 - PEOPLE OF THE PHIL. v. DIONISIO MAROLLANO

  • G.R. No. 107723 July 24, 1997 - EMS MANPOWER & PLACEMENT SERVICES v. NLRC, ET AL.

  • G.R. No. 111211 July 24, 1997 - ABS-CBN EMPLOYEES UNION, ET AL., v. NLRC, ET AL.

  • G.R. No. 113235 July 24, 1997 - VICTORINA MEDINA, ET AL. v. CITY SHERIFF, MANILA, ET AL.

  • G.R. Nos. 113366-68 July 24, 1997 - GREGORIO ISABELO, ET AL. v. NLRC, ET AL.

  • G.R. No. 116635 July 24, 1997 - CONCHITA NOOL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116736 July 24, 1997 - PEOPLE OF THE PHIL. v. BENJAMIN ORTEGA, ET AL.

  • G.R. No. 118458 July 24, 1997 - PEOPLE OF THE PHIL. v. RICKY DELA CRUZ

  • G.R. No. 120276 July 24, 1997 - SINGA SHIP MANAGEMENT PHILS., INC. v. NLRC, ET AL.

  • G.R. No. 121075 July 24, 1997 - DELTA MOTORS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121867 July 24, 1997 - SMITH KLINE & FRENCH LAB., LTD. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127262 July 24, 1997 - HUBERT WEBB, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • Adm. Matter Nos. 95-6-55-MTC & P-96-1173 July 28, 1997 - REPORT ON AUDIT IN THE MTC OF PEÑARANDA, NUEVA ECIJA

  • G.R. No. 102858 July 28, 1997 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 103209 July 28, 1997 - APOLONIO BONDOC, ET AL. v. NLRC, ET AL.

  • G.R. No. 110823 July 28, 1997 - PEOPLE OF THE PHIL. v. ROCHEL TRAVERO

  • G.R. No. 112323 July 28, 1997 - HELPMATE, INC. v. NLRC, ET AL.

  • G.R. No. 113344 July 28, 1997 - PEOPLE OF THE PHIL. v. ATANACIO LUTO

  • G.R. No. 116668 July 28, 1997 - ERLINDA A. AGAPAY v. CARLINA V. PALANG, ET AL.

  • G.R. No. 116726 July 28, 1997 - PEOPLE OF THE PHIL. v. LEONARDO P. DE LA CRUZ

  • G.R. No. 118822 July 28, 1997 - G.O.A.L., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119000 July 28, 1997 - ROSA UY v. COURT OF APPEALS, ET AL.

  • G.R. No. 119649 July 28, 1997 - RICKY GALICIA, ET AL. v. NLRC, ET AL.

  • G.R. No. 119868 July 28, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 120072 July 28, 1997 - PEOPLE OF THE PHIL. v. FLORENTINO I. MESA

  • G.R. No. 123361 July 28, 1997 - TEOFILO CACHO v. COURT OF APPEALS, ET AL.

  • G.R. No. 126556 July 28, 1997 - NELSON C. DAVID v. COURT OF APPEALS, ET AL.

  • G.R. No. 117742 July 29, 1997 - GEORGE M. TABERRAH v. NLRC, ET AL.

  • SBC Case No. 519 July 31, 1997 - PATRICIA FIGUEROA v. SIMEON BARRANCO, JR.

  • G.R. No. 97369 July 31, 1997 - P.I. MANPOWER PLACEMENTS, INC. v. NLRC, ET AL.

  • G.R. No. 99030 July 31, 1997 - PLDT v. NLRC, ET AL.

  • G.R. No. 106582 July 31, 1997 - PEOPLE OF THE PHIL. v. RUPERTO BALDERAS

  • G.R. No. 107802 July 31, 1997 - PEOPLE OF THE PHIL. v. JASON NAREDO

  • G.R. No. 108399 July 31, 1997 - RAFAEL M. ALUNAN III, ET AL. v. ROBERT MIRASOL, ET AL.

  • G.R. No. 108619 July 31, 1997 - EPIFANIO LALICAN v. FILOMENO A. VERGARA, ET AL.

  • G.R. No. 113689 July 31, 1997 - PEOPLE OF THE PHIL. v. FELIPE SANGIL, SR.

  • G.R. No. 113958 July 31, 1997 - BANANA GROWERS COLLECTIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 116060 July 31, 1997 - PEOPLE OF THE PHIL. v. CLEMENTE DE LA PEÑA

  • G.R. No. 116292 July 31, 1997 - PEOPLE OF THE PHIL. v. JIMMY PEÑERO

  • G.R. No. 119068 July 31, 1997 - PEOPLE OF THE PHIL. v. DANTE CASTRO, ET AL.

  • G.R. No. 121027 July 31, 1997 - CORAZON DEZOLLER TISON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121157 July 31, 1997 - HEIRS OF SEGUNDA MANINGDING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123561 July 31, 1997 - DELIA R. NERVES v. CSC, ET AL.

  • G.R. No. 124678 July 31, 1997 - DELIA BANGALISAN, ET AL. v. COURT OF APPEALS, ET AL.

  •  





     
     

    G.R. No. 126556   July 28, 1997 - NELSON C. DAVID v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 126556. July 28, 1997.]

    NELSON C. DAVID, Petitioner, v. COURT OF APPEALS AND PETRON CORPORATION, Respondents.

    Gancayco, Nibungco & Balasbas for Petitioner.

    Gutierrez Sundiam & Villanueva for Private Respondent.

    SYNOPSIS


    Can the Regional Trial Court order the partial execution of judgment pending appeal with the Court of Appeals to the extent of P50 million out of an award of P1,291,456,320.00 to be paid by Petron Corporation on the posting of a bond by plaintiff to answer for damages?

    The Supreme Court held that the mere issuance of a bond to answer for damages is no longer considered a good reason for execution pending appeal but instead there must exist superior circumstances demanding urgency that will outweigh the injury or damages should the losing party secure a reversal of the judgment.

    Can the Regional Trial Court order the partial execution of judgment pending appeal with the Court of Appeals to the extent of P50 million out of an award of P1,291,456,320.00 to be paid by Petron Corporation on the posting of a bond by plaintiff to answer for damages?

    The Supreme Court held that the mere issuance of a bond to answer for damages is no longer considered a good reason for execution pending appeal but instead there must exist superior circumstances demanding urgency that will outweigh the injury or damages should the losing party secure a reversal of the judgment.


    SYLLABUS


    1. REMEDIAL LAW; CIVIL PROCEDURE; JUDGMENT; EXECUTION PENDING APPEAL; REQUIRES A GOOD REASON; ISSUANCE OF BOND FOR DAMAGES, NOT SUFFICIENT. — The execution of a judgment before becoming final by reason of appeal is recognized. However, this highly exceptional case must find itself firmly founded upon good reasons for such execution. Here, the basis relied upon by the regional trial court does not constitute good reason or reasons for the execution of the judgment pending appeal even though such execution was only a partial of the judgment, the amount awarded being in the substantial amount of P50 million pesos. The posting of a corresponding bond to answer for damages does not cure the insufficiency or lack of good reason.

    2. ID.; ID.; CERTIORARI; GRAVE ABUSE OF DISCRETION; PROPER AGAINST AN ORDER OF EXECUTION PENDING APPEAL NOT FOUNDED ON GOOD REASONS. — Certiorari lies against an order granting execution pending appeal where the same is not founded upon good reason. The fact that the losing party had also appealed from the judgment does not bar the certiorari proceedings as the appeal could not be an adequate remedy from such premature execution. (Jaca v. Davao Lumber Co., 113 SCRA 107 [1982])

    3. ID.; ID.; ID.; ID.; RULING THEREIN CANNOT BE EXTENDED TO EXPAND THE DECISION. — The Court of Appeals fell into the error of expressing its opinion on the validity of Municipal Ordinance No. 90. Such obiter dictum must be disregarded. The ruling of the Court of Appeals dismissing the petition for certiorari finding no grave abuse of discretion cannot be duly extended to expand the main thrust of the said decision beyond its true import.


    R E S O L U T I O N


    MELO, J.:


    The petition for review before us questions the April 24, 1996 decision and October 7, 1996 resolution of respondent Court of Appeals which declared void a special order of Branch 4 of the Regional Trial Court of the Third Judicial Region stationed at Balanga, Bataan, ordering partial execution pending appeal to the extent of P50 million out of an award of P1,291,456,320.00 to be paid by Petron Corporation. The award is for the use of water over a 3-year period beginning 1992 up to 1994. The Sangguniang Bayan of the Municipality of Limay, Bataan, passed Municipal Ordinance No. 90 charging private respondent Petron Corporation the amount of approximately P430 million per year for the use of the municipality’s water. Private respondent questioned the legality of the said ordinance before the above-named regional trial court, claiming, among other things, that it does not consume more than P7 million worth of water per year.

    The regional trial court rendered judgment upholding the validity of the aforementioned ordinance. Private respondent elevated the matter to the Court of Appeals where its appeal is now pending, docketed as CA-G.R. No. CV-52293. Meanwhile, before perfection of the appeal, petitioner filed a motion for partial execution pending appeal. As earlier mentioned, the regional trial court issued the order granting partial execution to the extent of P50 million. This order was questioned before respondent Court of Appeals by way of a petition for certiorari. The Court of Appeals, finding grave abuse of discretion on the part of the regional trial court for ordering the partial execution pending appeal, resolved to set aside the order. Hence, the present recourse by way of a petition for review.

    The Court finds no reversible error committed by respondent Court of Appeal in setting aside the order of the regional trial court which granted partial execution pending appeal.

    The then prevailing rule invoked by petitioner and accordingly applied by the regional trial court was Section 2, Rule 39 of the former Rules of Court which provides:chanrob1es virtual 1aw library

    Sec. 2. Execution Pending Appeal. — On motion of the prevailing party with notice to the adverse party, the court may, in its discretion, order execution to issue even before the expiration of the time to appeal, upon good reasons to be stated in a special order. If a record on appeal is filed thereafter the motion and the special order shall be included therein.

    The execution of a judgment before becoming final by reason of appeal is recognized. However, this highly exceptional case must find itself firmly founded upon good reasons for such execution. For instance, execution pending appeal was granted by this Court where the prevailing party is of advanced age and in a precarious state of health and the obligation in the judgment is non-transmissible, being for support (De Leon v. Soriano, 95 Phil. 806 [1954]), or where the judgment debtor is insolvent (Padilla v. Court of Appeals, 53 SCRA 168 [1973]). Execution pending appeal was also allowed by this Court where defendants were exhausting their income and have no other property aside from the proceeds of the subdivision lots subject of the action (Lao v. Mencias, 21 SCRA 1021 [1967]).cralawnad

    Mere issuance of a bond to answer for damages is no longer considered a good reason for execution pending appeal. This was expounded in Roxas v. Court of Appeals (157 SCRA 370 [1988]), thus:chanrob1es virtual 1aw library

    Execution pending appeal in accordance with Section 2 of Rule 39 is, of course, the exception. Normally, execution of a judgment should not be had until and unless it has become final and executory — i.e., the right of appeal has been renounced or waived, the period for appeal has lapsed without an appeal having been taken, or appeal having been taken, the appeal has been resolved and the records of the case have been returned to the court of origin — in which case, execution "shall issue as a matter of right."cralaw virtua1aw library

    On the other hand, when the period of appeal has not expired, execution of the judgment should not be allowed, save only if there be good reasons therefor, in the court’s discretion. "As provided in Section 2, Rule 39 of the . . . Rules . . ., the existence of good reasons is what confers discretionary power on a Court . . . to issue a writ of execution pending appeal. The reasons allowing execution must constitute superior circumstances demanding urgency which will outweigh the injury or damages should the losing party secure a reversal of the judgment."cralaw virtua1aw library

    It is not intended obviously that execution pending appeal shall issue as a matter of course. "Good reasons, special, important, pressing reasons must exist to justify it; otherwise, instead of an instrument of solicitude and justice, it may well become a tool of oppression and inequity. But to consider the mere posting of a bond a "good reason" would precisely make immediate execution of a judgment pending appeal routinary, the rule rather than the exception. Judgments would be executed immediately, as a matter of course, once rendered, if all that the prevailing party needed to do was to post a bond to answer for damages that might result therefrom. This is a situation, to repeat, neither contemplated nor intended by law.

    (pp. 377-378.)

    Respondent court’s basis for setting aside the trial court’s order for the partial execution of the judgment pending appeal is herein quoted as follows:chanrob1es virtual 1aw library

    The special reasons which prompted the court a quo to grant the petition for execution pending appeal are not the special reasons contemplated by the rules in this particular case. There is no urgency or immediate necessity in the execution of the P50,000,000.00 allowed by the trial court. It is of judicial notice that aside from the regular income of the Municipality of Limay, Bataan derived from local taxes, it also receives regular allotment from the national government for its daily operation. The immediate release of the P50,000,000.00 from Petron to the respondent Municipality of Limay, Bataan is not so urgent that its non-release will cause the paralization of the governmental function of the town.

    It is likewise unrebutted by respondents in their rejoinder that Petron pays around P46,620,916.22 in realty taxes and fees yearly to the town of Limay, Bataan. This amount plus the subsidy it receives from the national government and the direct incomes from taxes and other fees it collects can be appropriated for its infrastructure projects.

    (pp. 23-24, Rollo.)

    This Court upholds respondent Court of Appeals’ ruling that the basis relied upon by the regional trial court does not constitute good reason or reasons for the execution of the judgment pending appeal even though such execution was only a partial of the judgment, the amount awarded being in the substantial amount of P50 million pesos. The posting of a corresponding bond to answer for damages does not cure the insufficiency or lack of good reason.

    Certiorari lies against an order granting execution pending appeal where the same is not founded upon good reason. The fact that the losing party had also appealed from the judgment does not bar the certiorari proceedings as the appeal could not be an adequate remedy from such premature execution. (Jaca v. Davao Lumber Co., 113 SCRA 107 [1982]).

    The Court of Appeals, while recognizing that it should defer ruling on the correctness of the judgment sought to be executed, as the merits of the case itself were duly submitted to the jurisdiction of the said court in the proper case — by way of regular appeal, nonetheless fell into the error of expressing its opinion on the validity of Municipal Ordinance No. 90 (See: pp. 13-14, Decision, pp. 249-250, Rollo.) Such obiter dictum of the Court of Appeals must be disregarded in the light of Silverio v. Court of Appeals (141 SCRA 527 [1986]), where in a similar case involving the issue of the order of execution pending appeal, we held that the ruling of the Court of Appeals dismissing the petition for certiorari finding no grave abuse of discretion cannot be duly extended to expand the main thrust of the said decision beyond its true import.chanroblesvirtual|awlibrary

    In this resolution, therefore, this Court purposely limits itself to resolving only to the wisdom of the trial court’s exercise of discretion in ordering the execution of the judgment pending appeal. It is imperative that we allow the main appeal, CA-G.R. No. CV-52293, pending before the Court of Appeals to take its normal course.

    WHEREFORE, premises considered, the instant petition is hereby DENIED for lack of merit.

    SO ORDERED.

    Davide, Jr., Francisco and Panganiban, JJ., concur.

    Narvasa, C.J., is on leave.

    G.R. No. 126556   July 28, 1997 - NELSON C. DAVID v. COURT OF APPEALS, ET AL.


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