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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
 

   
October-2001 Jurisprudence                 

  • G.R. No. 137841 October 1, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CHUA

  • G.R. No. 117512 October 2, 2001 - REBECCA ALA-MARTIN v. HON. JUSTO M. SULTAN

  • G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. HON. COURT OF APPEALS EVER TEXTILE MILLS

  • G.R. No. 124037 October 2, 2001 - PEOPLE OF THE PHILIPPINES v. REYNALDO DE GUZMAN

  • G.R. No. 126592 October 2, 2001 - ROMEO G. DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

  • G.R. No. 129900 October 2, 2001 - JANE CARAS y SOLITARIO v. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES

  • G.R. No. 133000 October 2, 2001 - PATRICIA NATCHER petitioner v. HON. COURT OF APPEALS AND THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL ROSARIO

  • G.R. No. 133895 October 2, 2001 - ZENAIDA M. SANTOS v. CALIXTO SANTOS, ET AL.

  • G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF THE PHIL. v. AMORSOLO G. TORRES

  • G.R. No. 137777 October 2, 2001 - THE PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, ET AL.

  • G.R. No. 138322 October 2, 2001 - GRACE J. GARCIA v. REDERICK A. RECIO

  • G.R. No. 138929 October 2, 2001 - PEOPLE OF THE PHIL. v. FLORENTINO DEL MUNDO

  • G.R. No. 139050 October 2, 2001 - REPUBLIC OF THE PHILIPPINES v. THE COURT OF TAX APPEALS and AGFHA

  • G.R. No. 142877 October 2, 2001 - JINKIE CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON

  • G.R. No. 125081 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. REMEDIOS PASCUA

  • G.R. No. 128195 October 3, 2001 - ELIZABETH LEE and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES

  • G.R. Nos. 128514 & 143856-61 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. NILO LEONES

  • G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. BONIFACIO ARIOLA

  • A.M. No. 01-6-192-MCTC October 5, 2001 - Request To Designate Another Judge To Try And Decide Criminal Case No. 3713

  • A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. EDGAR H. TALINGDAN v. JUDGE HENEDINO P. EDUARTE

  • G.R. No. 124498 October 5, 2001 - EDDIE B. SABANDAL v. HON. FELIPE S. TONGCO Presiding Judge

  • G.R. No. 127441 October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

  • G.R. No. 130499 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. PAMFILO QUIMSON @ "NOEL QUIMSON

  • G.R. No. 130962 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE REAPOR y SAN JUAN

  • G.R. No. 131040 October 5, 2001 - PEOPLE OF THE PHIL. v. MICHAEL FRAMIO SABAGALA

  • G.R. No. 132044 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y BINAY

  • G.R. No. 132718 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE CASTILLON III and JOHN DOE

  • G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

  • G.R. No. 139760 October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

  • G.R. No. 144189 October 5, 2001 - R & M GENERAL MERCHANDISE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121948 October 8, 2001 - PERPETUAL HELP CREDIT COOPERATIVE v. BENEDICTO FABURADA

  • G.R. No. 123075 October 8, 2001 - PEOPLE OF THE PHIL. v. PEDRO L. NUELAN

  • G.R. No. 129926 October 8, 2001 - PEOPLE OF THE PHIL. v. NOLE M. ZATE

  • G.R. No. 137599 October 8, 2001 - PEOPLE OF THE PHILIPPINES v. GILBERT BAULITE and LIBERATO BAULITE

  • G.R. No. 138941 October 8, 2001 - AMERICAN HOME ASSURANCE COMPANY v. TANTUCO ENTERPRISES

  • G.R. No. 141297 October 8, 2001 - DOMINGO R. MANALO v. COURT OF APPEALS (Special Twelfth Division) and PAIC SAVINGS AND MORTGAGE BANK

  • A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. ARAGON

  • G.R. No. 138886 October 9, 2001 - PEOPLE OF THE PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 RODEL T. MADERAL * SP02 ALEXANDER S. MICU and SP04 EMILIO M. RAMIREZ

  • G.R. No. 141182 October 9, 2001 - HEIRS OF PEDRO CUETO Represented by ASUNCION CUETO v. HON. COURT OF APPEALS (SPECIAL FORMER FIRST DIVISION) and CONSOLACION COMPUESTO

  • A.M. No. 99-12-03-SC October 10, 2001 - RE: INITIAL REPORTS ON THE GRENADE INCIDENT THAT OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, 1999

  • G.R. No. 129313 October 10, 2001 - SPOUSES MA. CRISTINA D. TIRONA and OSCAR TIRONA v. HON. FLORO P. ALEJO as Presiding Judge

  • G.R. Nos. 135679 & 137375 October 10, 2001 - PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ

  • G.R. No. 136258 October 10, 2001 - PEOPLE OF THE PHIL. v. CARLOS FELICIANO

  • A.M. No. 2001-9-SC October 11, 2001 - DOROTEO IGOY v. GILBERT SORIANO

  • A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA

  • G.R. No. 80796 & 132885 October 11, 2001 - PROVINCE OF CAMARINES NORTE v. PROVINCE OF QUEZON

  • G.R. No. 118387 October 11, 2001 - MARCELO LEE v. COURT OF APPEALS and HON. LORENZO B. VENERACION and HON. JAIME T. HAMOY

  • G.R. Nos. 123913-14 October 11,2001

    PEOPLE OF THE PHIL. v. PABLO CALLOS

  • G.R. No. 130415 October 11, 2001 - PEOPLE OF THE PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL JIMENA, ET AL.

  • G.R. No. 130562 October 11, 2001 - Brigida Conculada v. Hon. Court Of Appeals

  • G.R. No. 112526 October 12, 2001 - STA. ROSA REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS

  • G.R. No. 122710 October 12, 2001 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS and REMINGTON INDUSTRIAL SALES CORPORATION

  • G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF THE PHIL. v. ROBERTO BATION

  • G.R. No. 137843 October 12, 2001 - PEOPLE OF THE PHIL. v. EDUARDO S. AÑONUEVO

  • G.R. No. 139904 October 12, 2001 - PEOPLE OF THE PHIL. v. CONRADO MERCADO

  • G.R. No. 136470 October 16, 2001 - VENANCIO R. NAVA v. COMMISSION ON AUDIT

  • G.R. No. 140794 October 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO T. AGLIDAY

  • A.M. No. P-00-7-323-RTJ October 17, 2001 - RE: RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 54 MANILA, OF AN ACCUSED IN A NON-BAILABLE OFFENSE

  • A.M. No. P-00-1419 October 17, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MAGDALENA G. MAGNO

  • A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October 17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. OFILADA

  • G.R. No. 123137 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. PO2 ALBERT ABRIOL

  • G.R. No. 124513 October 17, 2001 - ROBERTO ERQUIAGA v. HON. COURT OF APPEALS

  • G.R. No. 127540 October 17, 2001 - EUGENIO DOMINGO v. HON. COURT OF APPEALS

  • G.R. No. 127830 October 17, 2001 - MANOLET LAVIDES v. ERNESTO B. PRE

  • G.R. No. 129069 October 17, 2001 - PEOPLE OF THE PHIL. v. JULIO R. RECTO

  • G.R. No. 129236 October 17, 2001 - PEOPLE OF THE PHIL. v. RAYMUNDO G. DIZON

  • G.R. No. 129389 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. TEODORICO UBALDO

  • G.R. Nos. 132673-75 October 17, 200

    PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

  • G.R. No. 136291 October 17, 2001 - LETICIA M. MAGSINO v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 136869 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. DENNIS MAZO

  • G.R. No. 141673 October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

  • G.R. No. 142726 October 17, 2001 - PEOPLE OF THE PHIL. v. APOLONIO ACOSTA

  • G.R. No. 143190 October 17, 2001 - ANTONIO P. BELICENA v. SECRETARY OF FINANCE

  • G.R. No. 143990 October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

  • G.R. Nos. 121039-45 October 18, 2001 - THE PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. SANCHEZ

  • G.R. No. 132869 October 18, 2001 - GREGORIO DE VERA v. COURT OF APPEALS

  • G.R. No. 143486 October 18, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO DUMAGAY TUADA

  • G.R. No. 144735 October 18, 2001 - YU BUN GUAN v. ELVIRA ONG

  • G.R. No. 116285 October 19, 2001 - ANTONIO TAN v. COURT OF APPEALS and the .C.C.P

  • G.R. Nos. 121201-02 October 19, 2001 - THE PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO CONCORCIO @ JUN

  • G.R. No. 129995 October 19, 2001 - THE PROVINCE OF BATAAN v. HON. PEDRO VILLAFUERTE

  • G.R. No. 130730 October 19, 2001 - HERNANDO GENER v. GREGORIO DE LEON and ZENAIDA FAUSTINO

  • G.R. No. 133002 October 19, 2001 - PEOPLE OF THE PHILIPPINES v. INTOY GALLO @ PALALAM

  • G.R. No. 137904 October 19, 2001 - PURIFICACION M. VDA. DE URBANO v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)

  • A.M. No. 99-12-497-RTC October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

  • G.R. No. 121267 October 23, 2001 - SMITH KLINE & FRENCH LABORATORIES v. COURT OF APPEALS, ET AL.

  • G.R. No. 124036 October 23, 2001 - FIDELINO GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124295 October 23, 2001 - JUDGE RENATO A. FUENTES v. OFFICE OF THE OMBUDSMAN-MINDANAO

  • G.R. No. 125193 October 23, 2001 - MANUEL BARTOCILLO v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES

  • G.R. No. 130846 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROGELIO PAMILAR y REVOLIO

  • G.R. No. 131841 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

  • G.R. No. 132373 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. TIRSO ARCAY @ "TISOY" and TEODORO CLEMEN @ "BOY

  • G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ v. COMMISSION ON AUDIT

  • G.R. No. 135481 October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 136105 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO

  • G.R. No. 136337 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. NELSON CABUNTOG

  • G.R. No. 139114 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROMAN LACAP Y CAILLES

  • G.R. No. 139274 October 23, 2001 - QUEZON PROVINCE v. HON. ABELIO M. MARTE

  • G.R. No. 139329 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ERLINDO MAKILANG

  • G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

  • A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. SILVERIO Q. CASTILLO

  • G.R. No. 102367 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO IGDOY

  • G.R. No. 126359 October 25, 2001 - PEOPLE OF THE PHIL v. CARLITO OLIVA

  • G.R. No. 127465 October 25, 2001 - SPOUSES NICETAS DELOS SANTOS v. COURT OF APPEALS

  • G.R. No. 133102 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. DINDO AMOGIS y CRINCIA

  • G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

  • G.R. No. 135813 October 25, 2001 - FERNANDO SANTOS v. Spouses ARSENIO and NIEVES REYES

  • G.R. No. 135822 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

  • G.R. Nos. 137494-95 October 25, 2001 - THE PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias "TURING"

  • G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ROMEO MANAYAN

  • A.M. No. P-01-1474 October 26, 2001 - ANTONIO C. REYES v. JOSEFINA F. DELIM

  • G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA

  • G.R. Nos. 121492 & 124325 October 26, 2001 - BAN HUA UY FLORES v. JOHNNY K.H. UY

  • G.R. No. 132169 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. SANICO NUEVO @ "SANY

  • G.R. No. 133741-42 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. LINO VILLARUEL

  • G.R. No. 134802 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

  • G.R. No. 135920 October 26, 2001 - ENCARNACION ET AL. v. SEVERINA REALTY CORPORATION

  • G.R. No. 140719 October 26, 2001 - NICOLAS UY DE BARON v. COURT OF APPEALS

  • G.R. No. 140912 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

  • G.R. No. 141540 October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

  • G.R. No. 143231 October 26, 2001 - ALBERTO LIM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 144237 October 26, 2001 - WINSTON C. RACOMA v. MA. ANTONIA B. F. BOMA

  • G.R. Nos. 146319 & 146342 October 26, 2001 - BENJAMIN E. CAWALING v. THE COMMISSION ON ELECTIONS

  • G.R. No. 146593 October 26, 2001 - UNITED COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

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    G.R. No. 141540   October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 141540. October 26, 2001.]

    EDUARDO TAN, Petitioner, v. FLORITA MUECO and ROLANDO MUECO, Respondents.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    This is a petition for review on certiorari seeking to annul and set aside the May 7, 1999 Decision and the December 15, 1999 Resolution of the Court of Appeals 1 in CA-G.R. CV No. 55553, which affirmed in its entirety the Decision 2 of the Regional Trial Court of Dumaguete City, Branch 34, in Civil Case No. 10802, for injunction with damages.chanrob1es virtua1 1aw 1ibrary

    The present controversy stemmed from Lot No. 6124, 3 a 26 square meter elongated strip of land adjoining Real Street and situated in the commercial district of Dumaguete City. The facts reveal that in NLRC Case No. RAB-VII-011-057-87-D, the National Labor Relations Commission ordered Dovedato Flores to pay separation pay to his former employee, herein respondent Florita Mueco in the amount of P20,847.00. In satisfaction of said award, Lot No. 6124, which was declared for taxation purposes in the name of Dovedato Flores, was levied upon and sold at public auction to Florita Mueco. After the lapse of the redemption period, a Final Deed of Sale was issued to Mueco on December 10, 1990.chanrob1es virtua1 1aw 1ibrary

    Lot No. 6124 is adjacent to petitioner’s Lot No. 6123-B (formerly Lot No. 6613), where the Ultra Vision Cinema, operated by petitioner, is located. On November 5, 1993, respondents sent a letter to petitioner offering to him the option to buy Lot No. 6124, with the advice that if he is not interested, they would fence and establish their own business in the area. Petitioner failed to respond to the letter, hence, respondents caused to be placed on a portion of the subject lot, a placard stating that the lot is a private property and, at the same time, advising the public that they are demanding a fee of P1.00 for every person that would pass through the property in going to the theater. 4 Said placard was, however, removed at the instance of petitioner’s mother.

    Thus, on November 23, 1993, respondents filed with the Regional Trial Court of Dumaguete City, Branch 34, a complaint for injunction with damages, with prayer for the issuance of a temporary restraining order, seeking to enjoin petitioner from intruding into their property. Respondents contended that, notwithstanding the temporary restraining order issued by the court, petitioner caused the removal of the nylon fence and placard on Lot No. 6124.

    Petitioner claimed that Lot No. 6124 is part of the public domain, hence, open to public use. He further argued that the sale at public auction of the lot is void because Dovedato Flores from whom respondents allegedly acquired the property, never claimed any right over said lot. In support thereof, Dovetado Flores testified that prior to the acquisition by petitioner’s family, he was the owner of Ultra Vision Cinema and the lot on which it is located, having purchased the same from the heirs of Cenon Sillero. Flores likewise stated that he did not own Lot No. 6124 and neither did he declare them for taxation, and that the tax declarations of said lot in his name are forgeries.chanrob1es virtua1 1aw 1ibrary

    To prove the public character of the lot in question, petitioner presented Resolution Nos. 117 and 282 of Dumaguete City which allegedly declared Lot No. 6124 as a sidewalk. 5

    On October 8, 1996, the trial court rendered its decision, the dispositive portion of which reads:chanrob1es virtual 1aw library

    WHEREFORE, as prayed for, judgment is hereby rendered:chanrob1es virtual 1aw library

    1. Perpetually enjoining and restraining defendant Edward Tan, alias Eduardo Tan from intruding and trespassing plaintiff’s Lot No. 6124 located right in front of his moviehouse at Real Street, Dumaguete City;

    2. Ordering defendant to pay plaintiff P40,000.00 as moral damages; P100,000.00 as exemplary damages; and P20,000.00 as reimbursement for attorney’s fees; and

    3. Directing defendant to immediately remove the stone-washed cement pavement he had introduced on Lot No. 6124 as well as the concrete walls located at the northern boundary thereof;

    Costs against defendant.

    SO ORDERED. 6

    On appeal to the Court of Appeals, the latter in its decision dated May 7, 1999, affirmed in toto the decision of the trial court. A motion for reconsideration of said decision was subsequently denied by the same court on December 15, 1999.

    Hence, the instant petition anchored on the following grounds:chanrob1es virtual 1aw library

    I.


    The Honorable Court of Appeals gravely erred in affirming the decision of the Regional Trial Court of Negros Oriental excluding petitioner, by means of perpetual injunction, from enjoying and making use of Lot No. 6124, which is clearly part of a public street, part of a pedestrians’ sidewalk, and part of the drainage system of Dumaguete.

    II.


    The Honorable Court of Appeals gravely erred in affirming the decision of the Regional Trial Court of Negros Oriental granting the remedy of injunction in favor of respondents, their claim in and over Lot No. 6124 being clearly null and void.

    III.


    The Honorable Court of Appeals gravely erred in not, at least, remanding the case to the Regional Trial Court of Negros Oriental for the latter to require plaintiffs (now respondents) to implead the Province of Negros Oriental and the City of Dumaguete without whom no final determination can be had in the case.

    IV.


    The Honorable Court of Appeals gravely erred in punishing defendant (now the petitioner) to pay plaintiffs (now the respondents) exorbitant and unconscionable moral damages of P40,000.00, exemplary damages of P100,000.00, and attorney’s fees of P20,000.00.

    Petitioner contends that Lot No. 6124 is part of Real Street and therefore part of the public domain which is open to use by the general public.

    The contention is without merit. The records reveal that Lot No. 6124 is in fact a distinct and separate lot from Real Street. As early as May 25, 1920, said lot was placed under Cadastral Survey by the Bureau of Lands and was the subject of the application of Cenon Sillero and the Provincial Government of Negros Oriental. 7 The same lot was also declared for taxation purposes by Cenon Sillero and the Provincial Government of Negros Oriental. 8 A tax declaration covering Lot No. 6124 in the name of Dovedato Flores in the years, 1974, 1980 and 1985 9 likewise appear on the record. Although tax declarations or realty tax payments of property are not conclusive evidence of ownership, nevertheless, they are good indicia of possession in the concept of owner for no one in his right mind would be paying taxes for a property that is not in his actual or at least constructive possession. They constitute at the very least proof that the holder or declarant, Dovedato Flores, had a claim of title over Lot No. 6124 which was validly transferred to respondents when Florita Mueco purchased subject lot at the public auction. 10

    Even granting that Lot No. 6124 is part of the public domain, the possessory right of respondents over Lot No. 6124 is still entitled to protection. In Cabellan v. Court of Appeals, Et Al., 11 the Court upheld the respondent’s right to possess the lot notwithstanding the claim that said lot is part of a proposed road right of way.

    Similarly, in De la Cruz, Et. Al. v. Sagales, Et Al., 12 the Court held that "public interest, public policy and public order demand that the party in peaceful possession of a land, independently of whether it is private in nature or part of the public domain, be not ousted therefrom by means of force, violence or intimidation, regardless of the quality of his alleged right to the possession thereof." chanrob1es virtua1 1aw 1ibrary

    In any case, the public character and ownership of Lot No. 6124 could be properly raised by the State. But as between petitioner and respondents, the latter has a right to be protected by injunctive relief.

    We find no merit in the belated disclaimer and repudiation by Flores of his claim over Lot No. 6124. As correctly pointed out by the Court of Appeals, the testimony of Flores in 1996, or several years after he has been dispossessed of the lot, can not affect the right of respondents. Indeed, said tax declarations should be given credence having been executed way back in 1974 when Flores could not care less about giving a biased testimony to favor a party.

    So also, respondent’s reliance on Resolution Nos. 117 and 282 of Dumaguete City, is misplaced. Said resolutions are merely intended to regulate the granting or withholding of any application for building permits in Dumaguete City, and cannot in anyway be made the basis for classifying lots as public or private.chanrob1es virtua1 1aw 1ibrary

    As to the third assigned error, suffice it to state that remand of the instant case is not necessary. The Province of Negros Oriental and the City of Dumaguete are certainly not indispensable parties in the present case. Their interest in the instant controversy is distinct and divisible from the interest of the parties herein, so that they will not necessarily be directly or injuriously affected by the judgment in the present case which completely disposes of the issues between petitioner and respondents. 13

    In order that injunction may issue, two requisites must concur: 1) the existence of a right to be protected; and 2) the facts against which the injunction is to be directed are violative of said right. 14 Having established the right of respondents over Lot No. 6124, as well as petitioner’s act of interfering with such possessory right, we find that the Court of Appeals did not err in affirming the decision of the trial court granting the injunction prayed for.chanrob1es virtua1 1aw 1ibrary

    Moral and exemplary damages may be reduced in instances where there is no adjudication of actual damages, 15 as in the present case. Accordingly, the Court reduces the amount of awarded moral damages from P40,000.00 to P25,000.00, and the amount of exemplary damages from P100,000.00 to P25,000.00. There being an award of exemplary damages, the award of attorney’s fees in the amount of P20,000.00 is warranted. 16

    WHEREFORE, the decision of the Court of Appeals in CA-G.R. CV No. 5553, is AFFIRMED with the MODIFICATION that the award of moral damages is reduced to P25,000.00, and the award of exemplary damages is reduced to P25,000.00.

    SO ORDERED.

    Davide Jr., C.J., Puno, Kapunan and Pardo, JJ., concur.

    Endnotes:



    1. Sixteenth Division, composed of Associate Justices Godordo A. Jacinto (Ponente and Chairman), Roberto A. Barrios (member), and Martin S. Villarama, Jr. (member).

    2. Penned by Judge Rosendo B. Bandal, Jr.

    3. "A parcel of commercial land with Cadastral Lot No. 6124, located at Real Street, Dumaguete City. Bounded on the North by lot No. 6125, on the East by Real Street, on the South by Lot No. 6122, on the West by Lot No. 6123. containing an area of Twenty Six 126) square meters, more or less." (Exh. "A")

    4. Exh. "E-1" .

    5. Pertinent portion thereof —." . . . the setback or indention be increased to not less than 5 meters which shall serve as a sidewalk of not less than 1 meter nearest the building and the remaining as the parking area and that the existing provisions on the requirements of parking area space is deemed modified or amended, provided, that existing building and present construction are exempted from this amendment except repairs and renovation of the front portion of this building that are made concrete materials, and provided further, that this indention should not be enclosed or fenced by the lot owners and if there should be an elevation, the elevation should be gradual to allow parking for motor vehicles and provided furthermore, that this will be subject to the approval of the building officials.

    Thereafter, no construction of any kind or description shall be allowed on the setback or indented portion, as said area is exclusively for sidewalk and parking area for motor vehicles." (Exhs. "5-b" - "b-c")

    6. C.A. Records, p. 15.

    7. Exh. "2" .

    8. Exh. "10" .

    9. Exhs. "7", "8", and "9" .

    10. Republic v. Court of Appeals, Et Al., 258 SCRA 712, 720 [1996]; citing Heirs of Severo Legaspi, Sr. v. Vda. de Dayot, 188 SCRA 508 [1990].

    11. 304 SCRA 119 [1999].

    12. 107 Phil. 668, 672 [19601

    13. BA Finance v. Court of Appeals, Et Al., 258 SCRA 102, 112-113 [1996]; citing Service wide Specialist, Inc. v. Court of Appeals, Et Al., 251 SCRA 70 [1996]; citing Service wide Specialist, Inc. v. Court of Appeals, Et Al., 251 SCRA 70 [1995].

    14. Development Bank of the Philippines v. Court of Appeals, Et Al., G.R. No. 137557, October 30, 2000.

    15. Tiongco v. Deguma, Et Al., 317 SCRA 527, 541 [1999]; citing Del Rosario v. Court of Appeals, 267 SCRA 158 [1997] .

    16. Development Bank of the Philippines v. Court of Appeals, Et Al., 284 SCRA 14 [1998]; citing Article 2208 (1) Civil Code.

    G.R. No. 141540   October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO


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