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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-1997 Jurisprudence                 

  • Adm. Matter No. MTJ-97-1123 October 2, 1997 - JOSELITO R. ENRIQUEZ v. RUBY B. CAMARISTA

  • Adm. Matter No. P-97-1255 October 2, 1997 - SIBANAH E. USMAN v. JULIUS G. CABE

  • Adm. Matter No. RTJ-93-1080 October 2, 1997 - HANSON SANTOS v. SANCHO DAMES II, ET AL.

  • G.R. No. 102900 October 2, 1997 - MARCELINO ARCELONA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108897 October 2, 1997 - SARKIES TOURS PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116184 October 2, 1997 - NATION BROADCASTING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 116720 October 2, 1997 - PEOPLE OF THE PHIL. v. ROEL ENCINADA

  • G.R. No. 117240 October 2, 1997 - PNCC v. NLRC, ET AL.

  • G.R. No. 120961 October 2, 1997 - DISTILLERIA WASHINGTON v. LA TONDEÑA DISTILLERS, ET AL.

  • G.R. No. 121449 October 2, 1997 - SANYO TRAVEL CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 123172 October 2, 1997 - PEOPLE OF THE PHIL. v. FELIX DE GUIA

  • G.R. No. 102366 October 3, 1997 - PEOPLE OF THE PHIL. v. HECTOR VASQUEZ, ET AL.

  • Adm. Matter No. P-97-1250 October 6, 1997 - DOMINADOR D. BORNASAL, JR. v. JAIME T. MONTES

  • G.R. No. 83402 October 6, 1997 - ALGON ENGINEERING CONSTRUCTION CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 103585 October 6, 1997 - NATIONAL ELECTRIFICATION ADMINISTRATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 118935 October 6, 1997 - PEOPLE OF THE PHIL. v. FERNANDO LO-AR

  • G.R. No. 123445 October 6, 1997 - BENJAMIN TOLENTINO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 104774-75 October 8, 1997 - ZACARIAS OARDE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107992 October 8, 1997 - ODYSSEY PARK, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110115 October 8, 1997 - RODOLFO TIGNO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125616 October 8, 1997 - MARIO RABAJA v. COURT OF APPEALS, ET AL.

  • G.R. No. 95694 October 9, 1997 - VICENTE VILLAFLOR v. COURT OF APPEALS, ET AL.

  • G.R. No. 98328 October 9, 1997 - JUAN C. CARVAJAL v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 106632 & 106678 October 9, 1997 - DORIS TERESA HO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 111194 October 9, 1997 - PEOPLE OF THE PHIL. v. WILFREDO G. TEODORO

  • G.R. No. 113447 October 9, 1997 - ALAIN MANALILI v. COURT OF APPEALS, ET AL.

  • G.R. No. 118992 October 9, 1997 - PEOPLE OF THE PHIL. v. CELERINO CASTROMERO

  • Adm. Case No. 4467 October 10, 1997 - GIL A. DE LEON, ET AL. v. RODOLFO BONIFACIO, ET AL.

  • G.R. No. 103028 October 10, 1997 - CARLOTA DELGADO VDA. DE DELA ROSA v. COURT OF APPEALS

  • G.R. No. 107434 October 10, 1997 - CITIBANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 111148 October 10, 1997 - ENRIQUE A. SOBREPEÑA, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115938 October 10, 1997 - PEOPLE OF THE PHIL. v. FERNANDO GALERA

  • G.R. No. 119360 October 10, 1997 - PAL, INC. v. ACTING SECRETARY OF LABOR, ET AL.

  • G.R. No. 119523 October 10, 1997 - ISABELO VIOLETA, ET AL. v. NLRC, ET AL.

  • G.R. No. 120191 October 10, 1997 - LORETO ADALIN, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-96-1199 October 13, 1997 - VLADIMIR BRUSOLA v. EUDARLIO B. VALENCIA, JR.

  • G.R. No. 68166 October 13, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • Adm. Matter No. MTJ-91-562 October 16, 1997 - EQUATORIAL REALTY DEVELOPMENT, INC. v. CASIANO P. ANUNCIACION

  • Adm. Matter No. MTJ-97-1139 October 16, 1997 - ROBERTO ESPIRITU v. EDUARDO JOVELLANOS

  • Adm. Matter No. P-92-747 October 16, 1997 - JESUS R. LLAMADO v. ARMANDO RAVELO

  • Adm. Matter No. P-96-1189 October 16, 1997 - LELU P. CONTRERAS v. SALVADOR C. MIRANDO

  • Adm. Matter No. P-96-1207 October 16, 1997 - D. ROY A. MASADAO, ET AL. v. GERALDINE GLORIOSO, ET AL.

  • Adm. Matter No. P-97-1252 October 16, 1997 - ORESTES R. SANTOS v. NORBERTO V. DOBLADA, JR.

  • Adm. Matter No. RTJ-97-1375 October 16, 1997 - ROMULO B. MACALINTAL v. ANGELITO C. TEH

  • Adm. Matter No. RTJ-97-1391 October 16, 1997 - ROMULO A. RIVERA v. EFREN A. LAMORENA

  • Adm. Matter No. 97-9-97-MCTC October 16, 1997 - REPORT ON THE JUDICIAL AUDIT OF THE MCTC OF DINGLE-DUENAS, ILOILO

  • G.R. No. 94457 October 16, 1997 - VICTORIA LEGARDA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 102936 October 16, 1997 - LEVY AGAO, ET AL. v. NLRC, ET AL.

  • G.R. No. 105668 October 16, 1997 - PEOPLE OF THE PHIL. v. HERNANDO DALABAJAN, ET AL.

  • G.R. No. 112745 October 16, 1997 - AQUILINO T. LARIN v. EXECUTIVE SECRETARY, ET AL.

  • G.R. No. 113271 October 16, 1997 - WATEROUS DRUG CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 115282 October 16, 1997 - PEOPLE OF THE PHIL. v. MEDEL MAMALAYAN, ET AL.

  • G.R. Nos. 117399-117400 October 16, 1997 - PEOPLE OF THE PHIL. v. ZALDY JAGOLINGAY, ET AL.

  • G.R. No. 118230 October 16, 1997 - ABUNDIA BINGCOY v. COURT OF APPEALS, ET AL.

  • G.R. No. 118651 October 16, 1997 - PIONEER TEXTURIZING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 118853 October 16, 1997 - BRAHM INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. No. 118946 October 16, 1997 - PEOPLE OF THE PHIL. v. RICO JAMLAN SALEM

  • G.R. No. 121582 October 16, 1997 - SOUTHERN COTABATO DEV. & CONSTRUCTION, ET AL. v. NLRC, ET AL.

  • G.R. No. 121687 October 16, 1997 - HEIRS OF MARCELINO PAGOBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 123248 October 16, 1997 - TWIN ACE HOLDINGS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 128054 October 16, 1997 - KILOSBAYAN, INC., ET AL. v. COMELEC, ET AL.

  • G.R. No. 113003 October 17, 1997 - ALBERTA YOBIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113788 October 17, 1997 - PEOPLE OF THE PHIL. v. NORLITO GERON

  • G.R. No. 117459 October 17, 1997 - MOISES B. PANLILIO v. NLRC, ET AL.

  • G.R. Nos. 122474-76 October 17, 1997 - PEOPLE OF THE PHIL. v. VICTOR ABRECINOZ

  • G.R. No. 128119 October 17, 1997 - MURLI SADHWANI, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-97-1393 October 20, 1997 - ALAN SUASIN v. ERNESTO DINOPOL

  • G.R. No. 107747 October 20, 1997 - PEOPLE OF THE PHIL. v. ARNOLD TALINGTING

  • G.R. No. 99838 October 23, 1997 - PEOPLE OF THE PHIL. v. ERNESTO ENRIQUEZ, ET AL.

  • G.R. No. 105008 October 23, 1997 - PEOPLE OF THE PHIL. v. DOMENCIANO VASQUEZ

  • G.R. No. 108905 October 23, 1997 - GRACE CHRISTIAN HIGH SCHOOL v. COURT OF APPEALS, ET AL.

  • G.R. No. 111155 October 23, 1997 - COSMOS BOTTLING CORP. v. NLRC, ET AL.

  • G.R. No. 111662 October 23, 1997 - A.G. DEVELOPMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118192 October 23, 1997 - PRO LINE SPORTS CENTER, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119777 & 120690 October 23, 1997 - HEIRS OF PEDRO ESCANLAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126321 October 23, 1997 - TOYOTA CUBAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112733 October 24, 1997 - PEOPLE’S INDUSTRIAL AND COMMERCIAL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114398 October 24, 1997 - CARMEN LIWANAG v. COURT OF APPEALS, ET AL.

  • G.R. No. 125469 October 27, 1997 - PHILIPPINE STOCK EXCHANGE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130644 October 27, 1997 - FRANCISCO JUAN LARRANAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118240 October 28, 1997 - PEOPLE OF THE PHIL. v. GIOVANNI BAJAR

  • G.R. No. 124099 October 30, 1997 - MANUEL G. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 104504 October 31, 1997 - PEDRITO PASTRANO v. COURT OF APPEALS, ET AL.

  •  





     
     

    G.R. No. 68166   October 13, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 68166. October 13, 1997.]

    HEIRS OF EMILIANO NAVARRO, Petitioners, v. INTERMEDIATE APPELLATE COURT and HEIRS OF SINFOROSO PASCUAL, Respondents.

    Yolanda Quisumbing, Javellana and Associates, for Petitioners.

    Ata Habawel Lagmay for Private Respondents.


    SYLLABUS


    REMEDIAL LAW; CIVIL PROCEDURE; MOTION; OMNIBUS MOTION FILED BY PETITIONER PRAYING FOR THE RECONSIDERATION OF THE COURT’S DECISION, NOT MERITORIOUS; CASE AT BAR. — We find no merit in the Omnibus Motion insofar as it prays for the reconsideration of our Decision dated February 12, 1997 and/or for the remand of the instant case to the Regional Trial Court for further proceedings. The issues raised by private respondents as grounds for reconsideration have already been passed upon in our Decision and need no longer be belabored. Neither is there a need to remand the instant case to the lower court for further proceedings, our findings and conclusions regarding the public nature of the parcel of land in question having been reached only after an exhaustive and scrupulous study and analysis of all the facts, the evidence, the parties’ respective arguments, and the prevailing law and jurisprudence. It is imperative, however, that certain typographical and/or clerical errors in the said Decision be rectified in order that the body thereof and dispositive portion therein be harmonized.chanrobles virtual lawlibrary


    R E S O L U T I O N


    HERMOSISIMA, JR., J.:


    On March 21, 1997, private respondent Heirs of Sinforoso Pascual, by counsel, filed a pleading denominated as "Omnibus Motion (Re: Motion for Clarification/Reconsideration/to Remand Case)" with the following presentation:chanrob1es virtual 1aw library

    "I


    Re: Motion for Clarification

    1.1 Without meaning to be fastidious, the Pascual Heirs find the Decision promulgated by this Honorable Court on 12 February 1997 (’Decision’) confusing.

    1.1.1 The dispositive portion of the Decision ‘DENIED and DISMISSED’ the petition for review filed by petitioners Heirs of Emiliano Navarro (’Navarro Heirs’). This ordinarily means that the appealed decision of the then Intermediate Appellate Court was affirmed. Consequently, Pascual Heirs are apparently entitled to the issuance of a decree of registration over the subject land.

    1.1.2 In the body of the Decision, however, this Honorable Court declared the subject land part of the public domain, not capable of appropriation by any private person, including the Pascual Heirs, ‘except through express authorization granted in due form by a competent authority’.

    x       x       x


    1.4 It is in this light that the Pascual Heirs now move that this Honorable Court clarify . . . the dispositive portion of the Decision . . .

    II


    Re: Motion for Reconsideration

    2.1 Should this Honorable Court clarify that the Decision actually reversed, not affirmed, the appealed decision of the then Intermediate Appellate Court, the Pascual Heirs respectfully submit that the Decision should be reconsidered.

    x       x       x


    2.3 Since the Decision was mainly, if not entirely, based on the . . . seriously flawed findings of the Trial Court and Justice Serrano’s dissenting opinion in the appealed decision of the Intermediate Appellate Court, the infirmity of the Trial Court’s and Justice Serrano’s purported findings equally plague the Decision.

    x       x       x


    III


    Re: Motion to Remand for Further Proceedings

    x       x       x


    3.3 Should this Honorable Court, however, find the need for more scientific or empirical data, the Pascual Heirs submit that it becomes appropriate to remand the case to the Trial Court for further reception of the appropriate evidence.

    . . ." (Rollo, pp. 408-411)

    We find no merit in the Omnibus Motion insofar as it prays for the reconsideration of our Decision dated February 12, 1997 and/or for the remand of the instant case to the Regional Trial Court for further proceedings. The issues raised by private respondents as grounds for reconsideration have already been passed upon in our Decision and need no longer be belabored. Neither is there a need to remand the instant case to the lower court for further proceedings, our findings and conclusions regarding the public nature of the parcel of land in question having been reached only after an exhaustive and scrupulous study and analysis of all the facts, the evidence, the parties’ respective arguments, and the prevailing law and jurisprudence.chanroblesvirtuallawlibrary:red

    It is imperative, however, that certain typographical and/or clerical errors in the said Decision be rectified in order that the body thereof and dispositive portion therein be harmonized.

    WHEREFORE, the following specific portions of our the Decision dated February 12, 1997 in the above-entitled case are ordered rectified as follows:chanrob1es virtual 1aw library

    1. The sentence, "We find no merit in the petition" on page 11 of the Decision shall henceforth read, thus: "We find merit in the petition"

    2. The term, "petitioners" used from pages 11 to 16 and on page 18 of the Decision shall henceforth read as" private respondents" .

    3. The dispositive portion on page 18 of the Decision which reads as follows:jgc:chanrobles.com.ph

    "WHEREFORE, the instant Petition for Review is hereby DENIED and DISMISSED.

    Costs against petitioners

    SO ORDERED,"

    shall henceforth read, thus:jgc:chanrobles.com.ph

    "WHEREFORE, the instant Petition for Review is hereby GRANTED.

    The decision of the Intermediate Appellate Court (now Court of Appeals) in CA G.R. No. 59044-R dated November 29, 1978 is hereby REVERSED and SET ASIDE. The resolutions dated November 21, 1980 and March 28, 1982, respectively, promulgated by the Intermediate Appellate Court are likewise REVERSED and SET ASIDE.

    The decision of the Court of First Instance (now the Regional Trial Court), Branch 1, Balanga, Bataan, is hereby ORDERED REINSTATED.

    Costs against private respondents.

    SO ORDERED."cralaw virtua1aw library

    The Clerk of Court is hereby ordered to make the foregoing corrections in the text of our Decision dated February 12, 1997 in the above-entitled case.

    SO ORDERED.

    Davide, Jr., Bellosillo, Vitug and Kapunan, JJ., concur.

    G.R. No. 68166   October 13, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.


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