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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. 120267   January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 120267. January 25, 2000.]

    CLARA ESPIRITU BORLONGAN, DINA BORLONGAN, and PERCIDA BORLONGAN, Petitioners, v. CONSUELO MADRIDEO and the COURT OF APPEALS, Respondents.

    D E C I S I O N


    DE LEON, JR., J.:


    Before Us is a petition for review on certiorari of the Decision 1 and the Resolution 2 of the Court of Appeals 3 dated February 23, 1995 and May 19, 1995, respectively, reversing the Regional Trial Court of Manila, Branch 8, in its affirmance 4 of the dismissal 5 by the Metropolitan Trial Court of Manila, Branch 21, of the complaint for unlawful detainer 6 filed by private respondent Consuelo Madrideo against petitioners Clara, Dina and Percida, all surnamed Borlongan.

    The facts are:chanrob1es virtual 1aw library

    Ma. Dalisay Tongko-Camacho is the owner of a 3,230.9 square meter parcel of land located in Tondo, Manila 7 .chanrobles.com : virtual law library

    A portion of this land is the subject of this case. It is a lot consisting of about one hundred (100) square meters, located at No. 605 Peñalosa St., Tondo, Manila. On it two (2) houses stand: one built by Leonardo Borlongan and Dominga Sempio 8 , who are petitioner Clara Borlongan’s grandparents and petitioner Dina and Percida Borlongan’s great grandparents, and another built by private respondent 9 .

    It was Consolacion Sempio, sister of Dominga Sempio, who originally leased the lot from Camacho. Consolacion lived there with and she was taken care of by, Dominga and Leonardo, their son, Hernando, his wife, Clara and their daughters, Percida and Dina, until Consolacion’s death in 1974.

    Private respondent was a ward of Consolacion. In 1961, she built a house at the back portion of the lot. Private respondent paid rentals 10 therefor to Camacho.

    On May 6, 1993, private respondent filed a Complaint 11 for unlawful detainer against petitioners in the Metropolitan Trial Court of Manila. She averred "that without any monetary consideration and out of pure liberality, [she] allowed [petitioners] to continue occupying the portion of the aforesaid parcel of land . . . subject to the condition that upon demand, [they] will vacate and peacefully surrender the possession thereof to [her]" but that they failed to do so upon her verbal demand sometime in December 1992 and even after her letter dated April 5, 1993 directing them to vacate the subject lot.

    Petitioners denied being possessors of the subject lot by mere tolerance on the part of private Respondent. They offered in evidence an Affidavit 12 dated April 29, 1993, executed by Camacho who declared therein that petitioners, as heirs of Consolacion Sempio, and private respondent were her tenants alike. Camacho appeared at the preliminary conference conducted by the trial court and there confirmed that both petitioners and private respondent were her tenants and that the former are not sublessees of the latter.

    On September 29, 1993, the Metropolitan Trial Court rendered a Decision in favor of petitioners. It ruled:jgc:chanrobles.com.ph

    " [This court], after a careful and conscientious study of the arguments of the parties, as stated in their respective pleadings and the documents submitted, is of the honest opinion that the only person who can eject [petitioners] is no other than the owner, Mrs. Dalisay Tongko-Camacho. The [petitioners] are not in anyway [sic], lessees or sublessees of [private respondent]. In short, she is not the real party in interest. Not even is she a representative party. The affidavit of Ma. Dalisay Tongko-Camacho speaks for itself. This affidavit, in fact, inferentially claim [sic] that [petitioners] are Consolacion Sempio’s (the original lessor) predecessor-in-interest and possibly have a better right. . . ." 13

    Private respondent appealed 14 to the Regional Trial Court 15 . She contended that the affidavit of Camacho was negated by her very own testimony during the clarificatory examination that petitioners did not pay rentals for the land.chanrobles virtuallawlibrary:red

    The Regional Trial Court rejected private respondent’s argument. It affirmed in toto the Decision of the Metropolitan Trial Court as it held that:jgc:chanrobles.com.ph

    " [Private respondent] claims to be the sublessor of the [petitioners]. There is no evidence at all that she presented to it. All she presented were receipts issued by Ma. Dalisay T. Camacho . . . which were attached to the affidavit of [private respondent]. These do not prove the contract between her and [petitioners].

    [Petitioners], on the other hand, claims to be not the sublessees of [private respondent] but they are lessees of the owner, Ma. Dalisay T. Camacho. They presented an affidavit of said person . . .

    Based on the foregoing evidence which was not rebutted by [private respondent], the latter cannot have the personality or even the interest to eject [petitioners]. In short, [private respondent] is not the real party in interest. . . .

    The evidence of an alleged contract between [private respondent] and [petitioners] is belied by the affidavit of the owner of the land, hence, [private respondent] cannot sue.

    x       x       x


    Since the parties hereto are not privies to a contract, then, there can be no relief by one against the other. A real party-in-interest plaintiff has been defined as one who has a legal right while a real party-in-interest defendant is one who has a correlative legal obligation whose act or omission violates the legal right of the former. . . . The evidence does not show any substantial interest of [private respondent] which would entitle him [sic] under the law, to recover if the evidence is sufficient or that he [sic] has a legal title to demand. . . . [S]ince a contract may be violated by the parties thereto, as against each other, in an action upon that contract, the real parties in interest . . . must be parties to said contract. . . . Only the owner had the right to eject [petitioners] under the circumstances." 16

    On March 25, 1994, private respondent filed a petition for review 17 of the foregoing decision in the Court of Appeals.chanrobles virtual lawlibrary

    On February 23, 1995, the Court of Appeals promulgated a Decision granting said petition for the following reason:jgc:chanrobles.com.ph

    "The only issue in this case is, who has a better right to physical possession of the questioned premises.

    We divert from the view of the court a quo and the respondent court.

    Clearly, the whole lot has been leased to [private respondent] who has been religiously paying the rentals. [Petitioners] are staying in the portion of said lot who do not pay a single centavo in consideration thereof. The respondent Court ruled that [private respondent] is not the real party to institute the ejectment case as she is not owner of the land. We rule otherwise. . . .

    The contention of [private respondent] that the stay of [petitioners] is by mere tolerance holds water. [Petitioners] do not pay rent, and their continued and unmolested stay in the premises is through the mercy of the [private respondent] who is religiously paying the rent for the whole lot. Inasmuch as it is by mere tolerance that [petitioners] enjoy the use and possession of the portion of the premises, they should vacate the premises and surrender possession thereof to the petitioner upon demand." 18

    Accordingly, the dispositive portion of the foregoing decision of respondent Court of Appeals reads:jgc:chanrobles.com.ph

    "WHEREFORE, the petition is hereby granted; the decision of the court a quo and the respondent Judge as well as the Order dated February 14, 1994 are hereby set aside and a new one is entered; ordering the private respondents and all persons claiming rights under them to vacate the portion of lot 605 Peñalosa Street, Tondo, Manila, which they are occupying and surrender possession thereof to the petitioner; to pay attorney’s fees in the amount of P10,000.00 and the cost of suit." 19

    On March 21, 1995, petitioners filed their Motion for Reconsideration of the foregoing Decision. They attached a second affidavit 20 dated March 21, 1995, executed by Camacho where she reiterated that both petitioners, as heirs of Consolacion Sempio, and private respondent, in her own right, were her tenants.

    On May 19, 1995, the Court of Appeals issued a Resolution 21 denying petitioner’s Motion for Reconsideration.chanrobles.com : virtual law library

    Hence, the instant petition anchored on the following assigned errors, to wit:jgc:chanrobles.com.ph

    "A. THE RESPONDENT COURT OF APPEALS GRAVELY ERRED IN DECIDING NOT IN ACCORD WITH LAW AND JURISPRUDENCE WHEN IT DECLARED THAT PRIVATE RESPONDENT, WHO IS ONLY A LESSEE OF A PORTION OF A LAND BELONGING TO ANOTHER, CAN EJECT HER CO-LESSEES, THE PETITIONERS HEREIN, EVEN THOUGH THERE IS AN EXISTING LEASE CONTRACT BETWEEN THE OWNER OF THE LAND AND THE PETITIONERS.

    B. THE RESPONDENT COURT OF APPEALS ERRED IN REJECTING THE RECOGNITION OF THE PETITIONERS HEREIN AS LESSEES BY THE OWNER OF THE LAND HERSELF;

    C. THE RESPONDENT COURT OF APPEALS ERRED IN CONCLUDING THAT CONSOLACION SEMPIO ASSIGNED THE LEASEHOLD RIGHTS TO PRIVATE RESPONDENT CONSUELO MADRIDEO WHEN NO EVIDENCE APPEARS IN THE RECORDS OF THE CASE;

    D. THE RESPONDENT COURT OF APPEALS ERRED IN NOT AFFIRMING THE JUDGMENT OF THE METROPOLITAN TRIAL COURT OF MANILA AND THE REGIONAL TRIAL COURT THAT THE PRIVATE RESPONDENT, WHO IS ONLY A LESSEE IS NOT THE REAL PARTY IN INTEREST." 22

    Findings of fact of the appellate court are generally conclusive on the Supreme Court which is not a trier of facts; and consequently, it is not our function to analyze or weigh evidence all over again. However, this rule is not without exception. If there is a showing that the findings of facts complained of are totally devoid of support in the record or that they are so glaringly erroneous as to constitute grave abuse of discretion, this Court must discard such erroneous finding. 23 We find that the exception applies in the case at bench.

    Thus, we grant the petition.chanrobles virtua| |aw |ibrary

    First. In civil cases the burden of proof to be established by preponderance of evidence 24 is on the plaintiff who is the party asserting the affirmative of an issue. He has the burden of presenting evidence required to obtain a favorable judgment, 25 and he, having the burden of proof, will be defeated if no evidence were given on either side. 26

    Private respondent as plaintiff in the unlawful detainer action had the burden to prove her allegations inasmuch as she claims that she has a better right as lessee against petitioners. However, she failed miserably to meet the burden of proof.

    Private respondent basically relied on the receipts of her rental payments. At best, those receipts by themselves alone simply confirm that she is a lessee, and not that she is the only lessee of the property. Moreover, the owner of the property, Ma. Dalisay Tongko-Camacho, has been unwavering in her declaration that petitioners are also lessees of her property. When faced with Camacho’s undeviating acknowledgment, private respondent’s claim turns nil. Private respondent never rebutted Camacho’s recognition of the legitimate status of petitioners as lessees. This omission creates an adverse inference that such uncontroverted evidence speaks of the truth. 27 Accordingly, as against the undisputed sworn declaration by the owner of the property who is more knowledgeable of the subsisting contract concerning her land, private respondent’s claim lacks buoyancy.

    Second. We agree with the Regional Trial Court that private respondent is not the real party in interest. One who has no right or interest to protect cannot invoke the jurisdiction of the court as party-plaintiff in action 28 for it is jurisprudentially ordained that every action must be prosecuted or defended in the name of the real party in interest. 29 A "real party in interest" is one who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. 30 In the instant case, private respondent is not a real party in interest inasmuch as she failed to establish her claim of being the sole lessee of the disputed property or the sublessor of petitioners. Thus, dismissal of the case for lack of cause of action was properly ordered 31 by the Metropolitan Trial Court, as affirmed by the Regional Trial Court on appeal.

    WHEREFORE, the instant petition is hereby GRANTED. The Decision and the Resolution of the Court of Appeals dated February 23, 1995 and May 19, 1995 respectively, in CA-GR SP No. 33446 are hereby REVERSED and SET ASIDE and the Decisions of the Regional Trial Court of Manila, Branch 8, and the Metropolitan Trial Court of Manila, Branch 21, are REINSTATED.chanrobles virtual lawlibrary

    Costs against private Respondent.

    SO ORDERED.

    Bellosillo, Mendoza, Quisumbing and Buena, JJ., concur.

    Endnotes:



    1. Penned by Associate Justice Corona Ibay-Somera and concurred in by Associate Justices Celia Lipana-Reyes and Bennie A. Dela Cruz in CA-G.R. SP No. 33446, Annex "A" of the Petition, Rollo, pp. 23-28.

    2. Annex "B" of the Petition, Id., pp. 29-30.

    3. Sixteenth Division.

    4. Decision dated November 22, 1993 and penned by Judge Ed Vincent S. Albano in Civil Case No. 93-6805, Court of Appeals (CA) Rollo, pp. 26-31.

    5. Decision dated September 29, 1993 and penned by Judge Godofredo Ca. Fandialan, CA Rollo, pp. 93-95.

    6. Docketed as Civil Case No. 141615-CV.

    7. Two Affidavits of Ma. Dalisay Tongko-Camacho dated April 29, 1993 and March 21, 1995 attached to the Motion for Reconsideration filed by petitioners before the Court of Appeals, CA Rollo, pp. 137-138.

    8. Decision of the Regional Trial Court, p. 2, CA Rollo, p. 94.

    9. Affidavits, supra.

    10. Copies of Official Receipts dated February 3, 1985 to June 4, 1993, signed by Ma. Dalisay T. Camacho, CA Rollo, pp. 57-81.

    11. Dated May 3, 1993, docketed as Civil Case No. 141615-CV and raffled to Branch 21.

    12. Marked as Annex "J" as Defendants’ [Petitioners’] Position Paper, CA Rollo, p. 119.

    13. Decision of the Metropolitan Trial Court of Manila dated September 29, 1993, p. 3, CA Rollo, p. 95.

    14. Docketed as Civil Case No. 93-68005.

    15. Raffled to Branch 8.

    16. Decision of the Regional Trial Court, pp. 4-6, CA Rollo, pp. 29-31.

    17. Docketed as CA-G.R. SP No. 33446.

    18. Decision of the Court of Appeals, pp. 3-5, Rollo, pp. 26-28.

    19. Decision, supra, p. 5, Id., p. 28.

    20. CA Rollo, pp. 137-138.

    21. Rollo, p. 30.

    22. Memorandum for Petitioners, pp. 10-11, Rollo, pp. 59-60.

    23. Alipoon v. Court of Appeals, G.R. No. 127523, March 22, 1999.

    24. New Testament Church of God v. Court of Appeals, 246 SCRA 266, 269 (1996); Republic v. Court of Appeals, 204 SCRA 160, 168 (1991).

    25. Transpacific Supplies, Inc. v. Court of Appeals, 235 SCRA 494, 502 (1994); Geraldez v. Court of Appeals, 230 SCRA 320, 330 (1994), Republic v. Court of Appeals, 182 SCRA 290, 301 (1990).

    26. Summa Insurance Corporation v. Court of Appeals, 253 SCRA 175 (1996).

    27. Manila Bay Club Corporation v. Court of Appeals, 249 SCRA 303, 305, 306 (1995) citing Starkie on Evidence, p. 846, Moore on Facts, Vol. I, p. 544; Somers v. McCready, 96 Md. 437, 53 Atl. Rep. 1117, per Jones, C.J., Moore on Facts, Vol. I, p. 559.

    28. 39 Am Jur 858.

    29. Section 2, Rule 3 of the 1997 Rules of Civil Procedure.

    30. Ibid.

    31. Sustiguer v. Tamayo, 176 SCRA 579, 587 (1989).

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


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