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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
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    G.R. No. 133775   January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 133775. January 20, 2000.]

    FIDEL DABUCO, FELICIANO EBINA, MELICIO BOLO, AURELIO CABAJAR, EUSTIQUIO CABATUAN, RAFAEL OCAREZA, SAMUEL RECO, ALEJANDRO IBONALO TEMPLATURA, NEMESIO OBESO, ALEJANDRA CABILES, JULIAN RESPONDE, CATALINO BORDAS, FELICISIMA BALILI, FELIX PAGATPAT, NOLI BALILI, BONIFACIO BORDAS, VICENTE GONZAGA, EUGENIO HABONITA, ARSENIO BALDADO, DOMINADOR BORDAS, JUANA CABILES, DINDO PAGATPAT, LUZVIMINDA LACERNA, ANTONIA TEE LADRAZO AND VICENTE CABILES, Petitioners, v. COURT OF APPEALS AND GABI MULTI PURPOSE COOPERATIVE, REPRESENTED BY MARIA QUISUMBING ALVAREZ AND COL. SOLOMON DALID, RET., Respondents.

    D E C I S I O N


    KAPUNAN, J.:


    Before this Court is a Petition for Review on Certiorari under Rule 45, with a prayer for issuance of a Restraining Order or Writ of Preliminary Injunction. The Petition assails the Decision 1 dated October 6, 1997 and the Order, dated April 30, 1998, both of the Court of Appeals. The issue raised in the petition before the Court of Appeals was whether the dismissal of Civil Case No. CEB-16217 by the Regional Trial Court of Cebu City, Branch 15, was proper.chanrobles.com.ph:red

    The case in the trial court, Civil Case No. CEB-16217, was an action for quieting of title, accion publiciana and damages involving agricultural lands located in Gabi, Sudlon, Cebu City. Private respondent GABI Multi Purpose Cooperative (GABI, for brevity) was the plaintiff in the case below, while petitioners were the defendants.

    As an incident to the instant petition, petitioners filed an Urgent Motion, dated June 10, 1998, for the issuance of a Restraining Order or Writ of Preliminary Injunction, wherein they alleged that GABI had commenced to enter the disputed lands. On July 17, 1998, an Opposition by GABI to petitioners’ Urgent Motion was received by the Court. Petitioners filed a Reply to the Opposition on July 28, 1998, and a Rejoinder, dated August 28, 1998 was filed by GABI.

    GABI filed a 2-page Comment, 2 wherein GABI dismissed petitioners’ contentions as a mere rehash of its arguments in the appellate court. The Solicitor General also filed a Comment 3 in behalf of the respondent Court of Appeals. On February 18, 1999, the Court received petitioners’ Reply to the Comment of the Solicitor General.

    The antecedent facts are summarized in the assailed Decision of the Court of Appeals. We quote the pertinent portions below:chanrob1es virtual 1aw library

    The Lazarrabal [sic] family were the registered owners of the properties, subject matter of this case.

    In 1991, on different occasions, the subject properties were sold to Ruben Baculi, Editha Belocura, Lira Puno, Rafael Lapuz, Ladrioro Montealto, Joel Masecampo, Delsa N. Manay, Ilderim Castañares, Maria Theresa Puno, [and] Jill Mendoza. On June 27, 1994, plaintiff [herein private respondent GABI Multi-Purpose Cooperative], a registered non-stock, non-profit cooperative filed a civil complaint against defendants [herein petitioners] who were found residing and/or tilling the subject properties. Plaintiff alleged therein that it is the owner in fee simple of the subject properties; that defendants without any authority, resided, tilled, sow [sic] in the subject properties; that defendants refused to vacate inspite [sic] notice.

    Plaintiff prays for the issuance of preliminary mandatory injunction to require defendants to remove the barricade constructed by them and for the issuance of a writ of injunction to restrain defendants from preventing plaintiff in developing the subject properties.

    On July 20, 1997, the trial court issued a Temporary Restraining Order, enjoining defendants to desist from further stopping plaintiff’s development of the properties. The trial court further required defendants to show cause why no writ of preliminary or mandatory injunction be issued against them.

    On July 27, 1997, after hearing, the trial court lifted and dissolved the temporary restraining order it earlier issued upon failure of the plaintiff to prove its title over the subject properties.

    On July 29, 1994, defendants filed their answer alleging that plaintiff has no personality to file this case since plaintiff does not appear to be the buyer of the properties neither were the properties titled in its name; that the subject properties are part of the forest reserve which cannot be privately acquired.chanrobles.com : law library

    On August 3, 1994, defendants filed a Motion to Dismiss the complaint on the ground of lack of cause of action, plaintiff has no personality to sue; and lack of jurisdiction.

    Plaintiff moved for the striking out of defendants’ motion to dismiss, alleging that at this stage defendants could no longer file the said motion.

    On August 18, 1994, the assailed order dismissing the complaint on the ground that plaintiff has no real interest in the case, was rendered.

    Plaintiff filed a motion for reconsideration of the said order, but the trial court denied the same. The dispositive portion of the order dated January 9, 1995, of the trial court denying plaintiff’s motion for reconsideration reads:chanrob1es virtual 1aw library

    WHEREFORE, finding the Motion for Reconsideration to be without merit, the same is hereby denied. Notify counsel accordingly.

    IT IS SO ORDERED. 4

    GABI appealed to the Court of Appeals. Thereafter, the respondent court issued its assailed decision, the dispositive portion of which reads:chanrob1es virtual 1aw library

    WHEREFORE, foregoing considered, the appealed order is hereby REVERSED and SET-ASIDE. A new one is hereby issued ordering the trial court to reinstate the complaint and to proceed with deliberate speed with the trial of the case. 5

    Petitioners’ Motion for Reconsideration was denied by the appellate court in its assailed Order, dated April 30, 1998. They then filed the instant petition praying that the dismissal of Civil Case No. CEB-16217 by the trial court be affirmed, and the decision by the appellate court reversing such dismissal be set aside.

    The success of this petition rests on the validity of the dismissal by the trial court. Petitioners assert that there was sufficient reason to dismiss the action below on the ground that GABI had no cause of action against petitioners. They also aver in the alternative that the Complaint by GABI was properly dismissed on the ground that it failed to state a cause of action.

    As a preliminary matter, we wish to stress the distinction between the two grounds for dismissal of an action: failure to state a cause of action, on the one hand, and lack of cause of action, on the other hand. The former refers to the insufficiency of allegation in the pleading, the latter to the insufficiency of factual basis for the action. Failure to state a cause may be raised in a Motion to Dismiss under Rule 16, 6 while lack of cause may be raised any time. 7 Dismissal for failure to state a cause can be made at the earliest stages of an action. Dismissal for lack of cause is usually made after questions of fact have been resolved on the basis of stipulations, admissions or evidence presented. 8

    We find no merit in petitioners’ first contention that dismissal was proper on the ground of lack of cause of action. We note that the issue of sufficiency of GABI’s cause of action does not appear to have been passed upon by the appellate court in its assailed decision. However, inasmuch as this issue was raised in the trial court as an affirmative defense by petitioners and is now assigned in error, we resolve the same.

    The pertinent portions of the trial court Order dismissing the action are reproduced below:chanrob1es virtual 1aw library

    The court was confronted with plaintiff’s Motion to Strike Out defendants’ pleading entitled: Motion to Dismiss, after the court allowed the same to be filed on the ground alleged in the affirmative defenses, that the plaintiff has no real interest in the property in question. Inasmuch as the action in this case was instituted by the Gabi Multi-Purpose Cooperative which is not the titled owner, nor the holder of the title to the property in question, therefore, it has no legal capacity to sue in this case for lack of interest, not being the real party in interest of the property involved in this litigation. Plaintiff’s motion to strike out defendants’ motion to dismiss is therefore denied for lack of merit, on the ground that the court has already resolved in the July 27, 1994 Order that if until today the plaintiff cannot produce and to show to this court the title in the name of Gabi Multi-Purpose Cooperative, the court will proceed to dismiss this case.

    x       x       x


    WHEREFORE, in view of all the foregoing arguments and considerations, this court hereby resolves to dismiss this case as it is hereby dismissed. 9

    It appears that the trial court dismissed the case on the ground that GABI was not the owner of the lands or one entitled to the possession thereof, and thus had no cause of action. In dismissal for lack of cause of action, the court in effect declared that plaintiff is not entitled to a favorable judgment inasmuch as one or more elements of his cause of action do not exist in fact.

    Because questions of fact are involved, courts hesitate to declare a plaintiff as lacking in cause of action. Such declaration is postponed until the insufficiency of cause is apparent from a preponderance of evidence. Usually, this is done only after the parties have been given the opportunity to present all relevant evidence on such questions of fact.

    We do not here rule on whether GABI has a cause of action against petitioners. What we are saying is that the trial court’s ruling, to the effect that GABI had no title to the lands and thus had no cause of action, was premature. Indeed, hearings were conducted. And the view of the Court of Appeals was that such hearings were sufficient. In its assailed decision, the appellate court stated the following:chanrobles virtuallawlibrary:red

    Records show that plaintiff-appellant was afforded the preliminary hearing required by law before the dismissal of the complaint based on the ground raised in the affirmative defenses.

    x       x       x


    Procedurally, therefore, the complaint was properly dismissed. 10

    The Court disagrees with the appellate court’s ruling. The hearing of July 27, 1994 was on the propriety of lifting the restraining order. At such preliminary hearing, the trial court required GABI to produce Certificates of Title to the lands in its name. GABI admitted that it did not have such Certificates, only Deeds of Sale from the registered owners. The order of the trial court dated July 27, 1994, reads in part:chanrob1es virtual 1aw library

    To begin with, the discussions started with the court asking whether the parties are present, and asked the defendants whether they have evidence to show why the temporary restraining order should not be continued, and not ripen into a preliminary injunction and they answered that the plaintiff, Gabi Multi Purpose Cooperative has "no locus standi" with Col. Solomon Dalid, to appear and litigate in this case, not being the actual registered owner of the property in question and therefore not the real party in interest.

    In view thereof, the court asked the plaintiff’s counsel to show to the court titles to prove that they are really the owners of the properties in question. And they could [not] show any, inasmuch as from the records before this court, only Deeds of Sale from the original owners of the properties in favor of individual persons appear.

    WHEREFORE, as this hearing was called for the purpose of determining whether the temporary restraining order should ripen into a permanent injunction or in the alternative be lifted this afternoon, for failure of the plaintiffs to show titles to the properties in their names, and they have miserably failed the court hereby resolves to lift and dissolve the temporary restraining order it has issued. However, the defendants are hereby allowed, upon their own request, to file a motion to dismiss questioning the legal personality of Gabi Multi Purpose Cooperative within 15 days from today. 11

    Instead, GABI offered to present evidence to prove its title in the ordinary course of trial. The pertinent portions of the Transcript of Stenographic Notes quoted by petitioners in their Manifestation and Motion, dated September 29, 1998, are reproduced below:chanrob1es virtual 1aw library

    COURT:chanrob1es virtual 1aw library

    What we are saying, because it has been raised by counsel for the defendants[,] is: what personality has Gabi to sue in this case[.] They are saying that you have no locus standing[sic] in court. You need the proper party in interest. You are not the owners according to the titles. And you are suing, claiming that you are the owners and you have been in possession and that you have been molested by the defendants because you are the owner. But where does it show these? Of course, you alleged that. But where is the proof? We want the proof that you are really the owner. (TSN, 27 July 1994, at 9)

    We are asking a question of how does Gabi become the owner of this property such that Gabi is now trying to claim this property against the defendants. Such as [to] exclude the defendants from cultivating or tilting [sic] this property. There is no question about it. We are not questioning your existence as a corporation[,] as a corporate entity. We are asking the question, where lies the right of the ownership of Gabi? How can you prove that you own the property, adverse or against these defendants? And you did not show it to this court. I am afraid you have no cause of action. (TSN, id., at 9-10).

    ATTY. P. FLORES:chanrob1es virtual 1aw library

    . . . in due time, we are going to present the document.

    COURT:chanrob1es virtual 1aw library

    But you have to present that now. Otherwise, I lift the injunction. I lift the temporary restraining order. And I have said and do [sic] it.

    ATTY. P. FLORES:chanrob1es virtual 1aw library

    Your Honor, please, the incident this afternoon is for the defendants to show cause why the injunction cannot be issued.

    COURT:chanrob1es virtual 1aw library

    When the court made a mistake in giving you this petition, the court cannot order another procedure. If the court commit[s] an error, it is the inherent power of this court to see to it that no injustice is committed. I am not bound by my own error. Only the dead and fools don’t change their minds. (TSN, id., at 10)

    ATTY. FLORES

    First of all, your Honor, it is not [sic] an error to say that the Gabi Cooperative is not the owner because as a matter of fact, it is the owner. It is just bad enough that [they] were not able to bring with them the documents. 12

    On August 18, 1994, another hearing was conducted wherein GABI was again required to show Certificates of Title to the property in its name. On the basis of GABI’s failure to show such Certificates at this second preliminary hearing, the trial court concluded that GABI had no title and thereafter dismissed the case. 13 Such action by the trial court was premature inasmuch as the issues of fact pertaining to GABI’s title had not yet been adequately ventilated at that preliminary stage.chanrobles.com.ph:red

    Anent petitioners’ thesis that dismissal of the complaint by the trial court was proper for failure to state a cause of action, we, likewise, find no valid basis to sustain the same.

    Dismissal of a Complaint for failure to state a cause of action is provided for by the Rules of Court. 14

    In dismissal for failure to state a cause, the inquiry is into the sufficiency, not the veracity, of the material allegations. 15 The test is whether the material allegations, assuming these to be true, state ultimate facts which constitute plaintiff’s cause of action, such that plaintiff is entitled to a favorable judgment as a matter of law. 16 The general rule is that inquiry is confined to the four corners of the complaint, and no other. 17

    This general rule was applied by the Court of Appeals. Said court stated:chanrob1es virtual 1aw library

    It is a well-settled rule that in determining the sufficiency of the cause of action, ONLY the facts alleged in the complaint and no others, should be considered. In determining the existence of a cause of action, only the statements in the complaint may properly be considered. If the complaint furnish sufficient basis by which the complaint may be maintained, the same should not be dismissed regardless of the defenses that may be assessed [sic] by defendants-appellees. 18

    The appellate court, relying on the general rule, made the following conclusion:chanrob1es virtual 1aw library

    A reading of the above-quoted complaint would readily show that plaintiff-appellant has sufficient cause of action as against defendants-appellees.

    In the complaint, it is alleged that plaintiff-appellant is the owner of the subject properties, thus, entitled to be respected in its possession and ownership. This is the first element.

    Defendants-appellees are mere squatters of the subject properties who should vacate the premises upon demand by plaintiff-appellant. This is the second element.

    Defendants-appellees unjustly refused to vacate the subject premises, thus, depriving plaintiff-appellant possession of the same. This is the third element.

    In this case therefore, plaintiff-appellant has sufficient cause of action. 19

    There are well-recognized exceptions to the rule that the allegations are hypothetically admitted as true and inquiry is confined to the face of the complaint. There is no hypothetical admission of the veracity of allegations if their falsity is subject to judicial notice, 20 or if such allegations are legally impossible, or if these refer to facts which are inadmissible in evidence, or if by the record or document included in the pleading these allegations appear unfounded. 21 Also, inquiry is not confined to the complaint if there is evidence which has been presented to the court by stipulation of the parties, 22 or in the course of hearings related to the case. 23

    Petitioners invoke these exceptions to justify the dismissal by the RTC. They particularly rely on the ruling of this Court in Tan v. Director of Forestry. 24 As in this case, Tan involved the issue of whether the dismissal for failure to state a cause of action was proper. A hearing was conducted on Tan’s prayer for preliminary injunction, wherein evidence was submitted by the parties and extensive discussion held. The trial court then resolved the Motion to Dismiss and dismissed Tan’s petition for failure to state a cause of action. The trial court held that, on the basis of the evidence presented in the hearings, the timber license relied upon by Tan was null and void. Such license being void, Tan’s allegation that his right had been violated was false. On appeal, this Court ruled that the trial court was correct in considering the evidence already presented and in not confining itself to the allegations in Tan’s petition.

    The theory behind Tan is that the trial court must not rigidly apply the device of hypothetical admission of allegations when, on the basis of evidence already presented, such allegations are found to be false. Thus, findings of fact are not postponed until after trial, but are made at the preliminary stage because there is sufficient evidence available.

    We find, however, that Tan is not applicable in this case. Unlike in Tan where the parties were given ample opportunity in the preliminary hearing to present evidence on their contentions, GABI did not have sufficient chance to prove its allegation of ownership. Thus, the conclusion that GABI’s allegation of ownership is false and that its complaint stated no cause of action, appears to be without basis.chanroblesvirtual|awlibrary

    Petitioners also invoke Drilon v. Court of Appeals. 25 Yet, a close reading of Drilon reveals that petitioners’ contention is weakened rather than strengthened by said case. Drilon also involved the issue of whether the dismissal for failure to state a cause of action was proper. However, the Court applied the general rule that inquiry is confined to the face of the complaint and no other. 26

    In sum, as appears from the available records, the Court of Appeals was correct in ruling that the dismissal by the trial court of GABI’s complaint was incorrect. The case should, therefore, proceed to trial where the parties may adduce evidence to support their claims and defenses.

    IN VIEW OF THE FOREGOING, the Court resolved to DENY the Petition.

    SO ORDERED.chanrobles.com : chanrobles.com.ph

    Davide, Jr., C.J., Puno, Pardo and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Rollo, p. 39.

    2. Id., at 78-80.

    3. Id., at 141-156.

    4. Id., at 41-42 (Emphasis ours).

    5. Id., at 48.

    6. Rule 16 of the Rules of Court reads:chanrob1es virtual 1aw library

    Section 1. Grounds. — Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds:chanrob1es virtual 1aw library

    x       x       x


    (g) That the pleading asserting the claim states no cause of action;

    x       x       x


    7. Quiaoit v. Consolacion, 73 SCRA 208, 212 (1976), per Antonio, J.

    8. For further discussion on other distinctions and difference in procedure between these two grounds for dismissal, refer to REGALADO, I REMEDIAL LAW COMPENDIUM 164 (6th rev. ed. 1997); MORAN, I COMMENTS ON THE RULES OF COURT 608 (1995 ed. as revised by Dr. Fortunato Gupit, Jr.)

    9. Rollo, pp. 123-124.

    10. Id., at 42-43.

    11. Id., at 122.

    12. Id., at 116-117.

    13. Supra, note 8.

    14. Supra, note 6.

    15. Ventura v. Bernabe, 38 SCRA 587, 598 (1971), per Barredo, J., citing Palma v. Graciano, 99 Phil. 72 (1956).

    16. Suyom, Et. Al. v. Collantes, Et Al., 69 SCRA 514, 520 (1976), per Esguerra, J.

    17. Acuña v. Batac Producers Cooperative, 20 SCRA 526, 531 (1967), per Makalintal, J., citing De Jesus, Et. Al. v. Santos Belarmino, 50 O.G. 3004-3068; Verzosa v. Rigonan, G.R. No. L-6459, April 23, 1954; Dimayuga v. Dimayuga, 51 O.G. 2397-2400.

    18. Rollo, p. 43.

    19. Id., at 45.

    20. U. Bañez Electric Light Co. v. Abra Electric Cooperative, Inc., Et Al., 119 SCRA 90, 93 (1982), per Plana, J.

    21. Regalado, I Remedial Law Compendium (5th rev. ed.) 151, citing Marcopper Mining Corp. v. Garcia, 143 SCRA 178, 188 (1986), per Gutierrez, J., and Tan v. Director of Forestry, 125 SCRA 302 (1983) per Makasiar, J.

    22. Locals No. 1470, No. 1469, and No. 1512 of the International Longshoremen’s Association v. Southern Pacific Co., 131 F. 2d 605.

    23. Tan v. Director of Forestry, 125 SCRA 302 (1983) per Makasiar, J.

    24. 125 SCRA 302 (1983) per Makasiar, J.

    25. 270 SCRA 211 (1997), per Hermosisima, Jr., J.

    26. Id., at 225.

    G.R. No. 133775   January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.


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