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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
 

   
September-2001 Jurisprudence                 

  • G.R. No. 137538 September 3, 2001 - OFFICE OF THE OMBUDSMAN v. HON. FRANCISCO B. IBAY

  • A.M. No. MTJ-00-1249 September 4, 2001 - PHIL. GERIATRICS FOUNDATION, ET AL. v. LYDIA QUERUBIN LAYOSA

  • A.M. No. P-00-1373 September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

  • A.M. No. P-01-1501 September 4, 2001 - JOSEPHINE D. SARMIENTO v. ALBERT S. SALAMAT

  • A.M. No. P-01-1502 September 4, 2001 - CRESENCIO N. BONGALOS v. JOSE R. MONUNGOLH and VICTORIA D. JAMITO

  • A.M. No. P-99-1357 September 4, 2001 - SHERWIN M. BALOLOY v. JOSE B. FLORES

  • A.M. No. RTJ-01-1651 September 4, 2001 - PROSECUTOR LEO C. TABAO v. JUDGE FRISCO T. LILAGAN

  • G.R. No. 125359 September 4, 2001 - ROBERTO S. BENEDICTO and HECTOR T. RIVERA v. THE COURT OF APPEALS

  • G.R. No. 126859 September 4, 2001 - YOUSEF AL-GHOUL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127181 September 4, 2001 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132709 September 4, 2001 - CAMILO L. SABIO, ET AL. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 134490 September 4, 2001 - PEOPLE OF THE PHILIPPINES v. JOEL BRAGAT

  • G.R. Nos. 135356-58 September 4, 2001 - PEOPLE OF THE PHIL. v. MELECIO SAGARINO

  • G.R. No. 138923 September 4, 2001 - PEOPLE OF THE PHIL. v. ANITA AYOLA, ET AL.

  • A.M. No. MTJ-01-1344 September 5, 2001 - LYDIO ARCILLA, ET AL. v. LUCIO PALAYPAYON, ET AL.

  • G.R. No. 128145 September 5, 2001 - J.C. LOPEZ & ASSOCIATES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 133886 September 5, 2001 - PEOPLE OF THE PHILIPPINES v. OSCAR PARBA

  • G.R. No. 134101 September 5, 2001 - PEOPLE OF THE PHIL. v. FELINO O. LLANITA

  • G.R. No. 136054 September 5, 2001 - SEVERINA SAN MIGUEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 132714 September 6, 2001 - PEOPLE OF THE PHIL. v. RENATO LALINGJAMAN

  • G.R. Nos. 139064-66 September 6, 2001 - PEOPLE OF THE PHIL. v. ALBERTO ARCE

  • G.R. No. 140529 September 6, 2001 - JOSE P. LOPEZ v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141400 September 6, 2001 - PEOPLE OF THE PHIL. v. EVANGELINE GANENAS

  • Admin. Case. No. 4863 September 7, 2001 - URBAN BANK v. ATTY. MAGDALENO M. PEÑA

  • G.R. No. 114858-59 September 7, 2001 - COLUMBUS PHILIPPINES BUS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 126352 September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127261 September 7, 2001 - VISAYAN SURETY & INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129644 September 7, 2001 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131805 September 7, 2001 - PEOPLE OF THE PHIL. v. GREGORIO HERMOSA, ET AL.

  • G.R. No. 132064 September 7, 2001 - PEOPLE OF THE PHIL. v. ISAGANI BAYENG, ET AL.

  • G.R. No. 132320 September 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO OJERIO

  • G.R. Nos. 135402-03 September 7, 2001 - PEOPLE OF THE PHIL. v. IAN GONZAGA

  • G.R. No. 136779 September 7, 2001 - PEOPLE OF THE PHIL. v. ARNEL ASUNCION

  • G.R. No. 142065 September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

  • G.R. No. 142875 September 7, 2001 - EDGAR AGUSTILO v. COURT OF APPEALS, ET AL.

  • G.R. No. 144877 September 7, 2001 - DEVELOPMENT BANK OF THE PHIL. v. VERONICA AGUIRRE, ET AL.

  • A.M. No. P-01-1506 September 10, 2001 - GEORGE S. BICBIC v. DHALIA E. BORROMEO

  • G.R. Nos. 104769 & 135016 September 10, 2001 - AFP MUTUAL BENEFIT ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118943 September 10, 2001 - MARIO HORNALES v. NLRC, ET AL.

  • G.R. No. 130362 September 10, 2001 - INT’L FLAVORS & FRAGRANCES (PHIL.) v. MERLIN J. ARGOS, ET AL.

  • G.R. No. 138485 September 10, 2001 - DR. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 141970 September 10, 2001 - METROPOLITAN BANK v. FLORO T. ALEJO

  • G.R. No. 145588 September 10, 2001 - ESPERIDION LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140398 September 11, 2001 - FRANCISCO DELA MERCED, ET AL. v. GSIS, ET AL.

  • G.R. No. 121877 September 12, 2001 - PEOPLE OF THE PHIL v. ERLINDA GONZALES

  • G.R. Nos. 138431-36 September 12, 2001 - PEOPLE OF THE PHIL. v. DIOSCORA M. ARABIA, ET AL.

  • G.R. No. 140903 September 12, 2001 - HENRY SY v. COMMISSION ON SETTLEMENT OF LAND PROBLEMS, ET AL.

  • A.M. No. 00-1-4-03-SC September 13, 2001 - RE: REQUEST FOR LIVE RADIO-TV COVERAGE OF THE TRIAL IN THE SANDIGANBAYAN OF THE PLUNDER CASES AGAINST FORMER PRESIDENT JOSEPH E. ESTRADA v. JOSEPH E. ESTRADA and INTEGRATED BAR OF THE PHILIPPINES

  • A.M. No. 00-4-188-RTC September 13, 2001 - REQUEST OF MR. OSCAR T. LLAMAS FOR RE-ASSIGNMENT OSCAR T. LLAMAS v. EMMANUEL LACANDOLA AND ET. AL.

  • G.R. No. 120009 September 13, 2001 - DOLE PHILIPPINES v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 122095 September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

  • G.R. No. 127913 September 13, 2001 - RCBC v. METRO CONTAINER CORP.

  • G.R. No. 132354 September 13, 2001 - PEOPLE OF THE PHIL. v. DEOMEDES IGLESIA

  • G.R. Nos. 136840-42 September 13, 2001 - PEOPLE OF THE PHIL. v. ROMEO NAVARETTE

  • G.R. No. 137250-51 September 13, 2001 - PABLO MARGAREJO v. HON. ADELARDO ESCOSES

  • G.R. No. 138972-73 September 13, 2001 - PEOPLE OF THE PHIL. v. EUGENIO B. MARQUEZ, ET AL.

  • G.R. No. 140512 September 13, 2001 - PEOPLE OF THE PHIL. v. PETER PELERAS, ET AL.

  • G.R. No. 142043 September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

  • G.R. No. 142430 September 13, 2001 - PEOPLE OF THE PHIL. v. RONNIE QUINICIO, ET AL.

  • G.R. No. 142444 September 13, 2001 - OFELIA D. ARTUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142649 September 13, 2001 - ANTONIO C. SAN LUIS v. COURT OF APPEALS

  • G.R. No. 143702 September 13, 2001 - PEOPLE OF THE PHIL. v. ZALDY MENDOZA

  • G.R. No. 129212 September 14, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO LACUESTA, ET AL.

  • A.M. No. RTJ-00-1575 September 17, 2001 - ISAGANI RIZON v. JUDGE OSCAR E. ZERNA

  • A.M. No. RTJ 99-1498 September 17, 2001 - VICENTE P. LIM v. JUDGE JACINTA B. TAMBAGO, ET AL.

  • G.R. No. 111584 September 17, 2001 - PRODUCERS BANK OF THE PHILIPPINES v. COURT OF APPEALS and SPOUSES SALVADOR Y. CHUA and EMILIA U. CHUA

  • G.R. No. 135644 September 17, 2001 - GOVERNMENT SERVICE INSURANCE SYSTEM v. SPOUSES GONZALO and MATILDE LABUNG-DEANG

  • G.R. No. 135912 September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 138219 September 17, 2001 - GERARDO V. TAMBAOAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138943-44 September 17, 2001 - PEOPLE OF THE PHIL. v. HENRY ALMAZAN

  • G.R. No. 141209 September 17, 2001 - ANTONIA HUFANA, ET AL. v. WILLIAM ONG GENATO

  • A. C. No. 5043 September 19, 2001 - ABEDIN L. OSOP v. ATTY. V. EMMANUEL C. FONTANILLA

  • G.R. No. 135936 September 19, 2001 - THE PEOPLE OF THE PHILIPPINES v. GUALBERTO MIRADOR alias "GOLING"

  • G.R. No. 144400 September 19, 2001 - DOMINGO O. IGNACIO v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. MTJ-01-1369 September 20, 2001 - GUILLERMA D. CABAÑERO v. JUDGE ANTONIO K. CAÑON

  • A.M. No. MTJ-01-1371 September 20, 2001 - ATTY. NESCITO C. HILARIO v. JUDGE ROMEO A. QUILANTANG

  • A.M. No. RTJ-99-1472 September 20, 2001 - SPOUSES HERMINIO, ET Al. v. HON. DEMETRIO D. CALIMAG

  • A.M. No. P-01-1483 September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

  • G.R. No. 116938 September 20, 2001 - LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR, ET AL.

  • G.R. No. 127405 September 20, 2001 - MARJORIE TOCAO and WILLIAM T. BELO v. COURT OF APPEALS and NENITA A. ANAY

  • G.R. No. 130399 September 20, 2001 - PUBLIC UTILITIES DEPARTMENT v. HON. TEOFISTO T. GUINGONA

  • G.R. Nos. 135068-72 September 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO RAMOS

  • G.R. No. 137674 September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

  • G.R. No. 139410 September 20, 2001 - PEOPLE OF THE PHILIPPINES v. SILVERIO AGUERO

  • G.R. No. 140898 September 20, 2001 - THE PEOPLE OF THE PHILIPPINES v. JOSE ISHIKAWA AMBA

  • A.M. No. P-99-1289 September 21, 2001 - JUDGE NAPOLEON S. DIAMANTE v. ANTHONY A. ALAMBRA

  • G.R. Nos. 119609-10 September 21, 2001 - PCGG v. HONORABLE SANDIGANBAYAN (Third Division), ET AL.

  • G.R. No. 128876 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

  • G.R. No. 132384 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MARLON GADIA

  • G.R. No. 134596 September 21, 2001 - RAYMUND ARDONIO v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 142889 September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

  • G.R. No. 145416 September 21, 2001 - GOLDEN HORIZON REALTY CORPORATION v. SY CHUAN

  • A.M. No. 99-6-79-MTC September 24, 2001 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL TRIAL COURT

  • A.M. No. P-01-1512 September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

  • G.R. Nos. 132442-44 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. BERNARDINO ARANZADO

  • G.R. Nos. 135524-25 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO AGUSTIN

  • G.R. No. 141897 September 24, 2001 - METRO CONSTRUCTION v. CHATHAM PROPERTIES

  • G.R. No. 144404 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. LEODEGARIO BASCUGUIN Y AGQUIZ

  • G.R. Nos. 127759-60 September 25, 2001 - PEOPLE OF THE PHIL. v. PO3 NOEL FELICIANO

  • G.R. Nos. 134527-28 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. SERAPIO REY alias APIONG

  • G.R. Nos. 136867-68 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO GALVEZ y JEREZ

  • G.R. No. 137612 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

  • A.C. No. 4497 September 26, 2001 - MR. and MRS. VENUSTIANO G. SABURNIDO v. ATTY. FLORANTE E. MADROÑO

  • A.C. No. 4990 September 26, 2001 - ELENA ZARATE-BUSTAMANTE and LEONORA SAVET CATABIAN v. ATTY. FLORENTINO G. LIBATIQUE

  • G.R. No. 122824 September 26, 2001 - AURORA F. IGNACIO v. VALERIANO BASILIO,

  • G.R. No. 123058 September 26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

  • G.R. No. 129107 September 26, 2001 - ALFONSO L. IRINGAN v. HON. COURT OF APPEALS , ET AL.

  • G.R. Nos. 129530-31 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. WILFREDO OLARTE

  • G.R. Nos. 138308-10 September 26, 2001 - THE PEOPLE OF THE PHILIPPINES v. PABLO SANTOS

  • G.R. No. 142564 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. HILGEM NERIO y GIGANTO

  • G.R. Nos. 143108-09 September 26, 2001 - REPUBLIC OF THE PHILIPPINES. v. COURT OF APPEALS

  • Adm. Case. No. 5505 September 27, 2001 - SEVERINO RAMOS v. ATTY. ELLIS JACOBA and ATTY. OLIVIA VELASCO JACOBA

  • G.R. No. 131864-65 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. SHERJOHN ARONDAIN and JOSE PRECIOSO

  • G.R. Nos. 134963-64 September 27, 2001 - ALFREDO LONG and FELIX ALMERIA v. LYDIA BASA

  • G.R. No. 137676 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. ATTY. ROBERTO DIONISIO

  • G.R. No. 144035 September 27, 2001 - PEOPLE OF THE PHIL. v. VICENTE M. BASQUEZ

  • A.M. No. P-00-1391 September 28, 2001 - LIBRADA D. TORRES v. NELSON C. CABESUELA

  • G.R. No. 122425 September 28, 2001 - FLORDELIZA H. CABUHAT v. THE HONORABLE COURT OF APPEALS

  • G.R. No. 124535 September 28, 2001 - THE RURAL BANK OF LIPA CITY, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 125154 September 28, 2001 - DIGNA VERGEL v. COURT OF APPEALS and DOROTEA-TAMISIN GONZALES

  • G.R. No. 125442 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FERNANDO ARELLANO y ROBLES

  • G.R. No. 127232 September 28, 2001 - GOLDENROD v. HONORABLE COURT OF APPEALS and PATHFINDER HOLDINGS (PHILIPPINES)

  • G.R. No. 127241 September 28, 2001 - LA CONSOLACION COLLEGE, ET AL. v. NLRC , ET AL.

  • G.R. No. 134128 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. GERARDO DE LAS ERAS y ZAFRA

  • G.R. No. 134928 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FILOMENO BARNUEVO. ET AL.

  • G.R. Nos. 140789-92 September 28, 2001 - THE PEOPLE OF THE PHILIPPINES v. ALIPIO CARBONELL and DIONISIO CARBONELL

  • G.R. No. 145371 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. BEN AQUINO and ROMEO AQUINO

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    G.R. No. 137674   September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 137674. September 20, 2001.]

    WILLIAM GO KIM HUY, Petitioner, v. SANTIAGO GO KIM HUY, BONIFACIO GO KIM & SONS, SANTIAGO GO KIM & SONS, CO., TOMAS TAN GO, JOSE TAN GO, ROBERTO TAN GO, BASILIA TAN GO, and LEONCIO TAN GO, Respondents.

    D E C I S I O N


    BUENA, J.:


    Bonifacio Go Kim died on February 26, 1974. William Go Kim Huy, herein petitioner, claims hereditary rights over the mass of property, rights and assets belonging to his estate.chanrob1es virtua1 1aw 1ibrary

    Heard by six (6) Regional Trial Court judges of Quezon City, this two (2) decade-old controversy started on June 18, 1980 1 when petitioner filed a complaint 2 against Santiago Go Kim Huy, the latter’s children, Bonifacio Go Kim & Sons, and Santiago Go Kim & Sons, Company, to declare the properties and businesses held by them as part of the estate of Bonifacio Go Kim, and compel them to render an accounting.

    On May 1, 1933 petitioner came to Manila at the age of six (6) 3 using the name Gaw Piak. Upon arrival, he stayed with Bonifacio Go Kim until he left sometime in 1946 to study in Shanghai, China. He returned in 1949 and pursued college education in Far Eastern University. Prior to his arrival, Bonifacio Go Kim was already engaged in selling bakery supplies and grocery items. According to him, respondent Santiago Go Kim Tian came to Manila in 1923 at the age of 11. Both he and respondent Santiago helped in the business. In 1947, "Bonifacio Go Kim & Son" partnership was formed. 4 The partnership name was later amended to "Bonifacio Go Kim & Sons" to conform to the registered business name. 5 All those years, the business prospered resulting into accumulation of several properties. He testified that Bonifacio Go Kim, being an alien, was disqualified to own real properties. Hence respondent Santiago, who became a naturalized Filipino citizen on September 24, 1957, was entrusted with the properties purchased by his father. Several properties accumulated were transferred under the partnership name and others were named under certain persons who acted as "dummies."cralaw virtua1aw library

    When petitioner left his job at the bakery in 1956, he worked in a stock brokerage business. Subsequently, he organized his own import business and later on put up a manufacturing firm for plastic containers. On April 20, 1964, the trial court granted his petition for change of name from Gaw Piak to Go Kim Huy or William Go. His naturalization came in September 1978. He explained that when he entered the Philippines, he used the name Gaw Piak as appearing in the landing certificate. Such landing certificate was bought by his father in the open market for his easy access to Manila. He came to the Philippines with his mother Chua Yiak and respondent Santiago’s wife. Both he and respondent’s wife used different names. He testified that he is known by his name Go Kim Huy or William Go. He added that his schooling, sustenance and everyday needs were shouldered by the decedent. He asserts that he was forced to file the case in court because respondent Santiago refused to give him his just share in the estate of his father.

    Respondent Santiago avers that he is the only son of Bonifacio Go Kim. He maintains that petitioner has lived and worked with them and was treated as a family member because petitioner’s real father was a close friend of the decedent. His real parents were Gaw Gee and Ng Kee as appearing in his landing certificate. He denied any relation with petitioner and declares that the grant of petition for change of name from Gaw Piak to William Go Kim Huy did not make petitioner a member of the family of Bonifacio Go Kim. 6 Respondents declare that petitioner has received a part of the assets of the decedent 7 and that whatever claims he has, if any, against the estate of the decedent were fully settled by respondent Santiago and acknowledged by petitioner after the death of Bonifacio Go Kim. 8

    While the case before the trial court was pending, respondent’s counsel 9 filed a letter-complaint 10 dated May 23, 1983 with the Ministry of Justice [Department of Justice] attacking the certification dated May 27, 1974, issued by the Commission on Immigration [Bureau of Immigration and Deportation, hereinafter referred to as BID] stating that the records filed in the said office showed that the late Bonifacio Go Kim registered petitioner as one of his children. 11

    In connection with the filing of the instant case, petitioner caused the issuance of notice of lis pendens on the Transfer Certificates of Title mentioned in the complaint. 12 Consequent to such issuance, annotations were made by the Register of Deeds of Manila, Quezon City and Caloocan. Respondents opposed the annotation and moved to cancel the lis pendens. 13 On June 2, 1986, the Regional Trial Court of Quezon City issued an Order canceling the annotation on the titles. 14 On April 15, 1988, the Court of Appeals 15 rendered its decision reversing the lower court Order.

    In the interim, the BID issued a resolution, dated May 15, 1985, canceling its earlier certification and declared that petitioner is not a son of spouses Bonifacio Go Kim and Chua Yiak and accordingly ordered the correction of immigration records of both petitioner and the late Bonifacio Go Kim. 16 Petitioner appealed the foregoing resolution with the Ministry of Justice [Department of Justice]. He argued that while the BID is authorized to make an inquiry or investigation, the resolution ordering the correction of its records affected petitioner’s status, paternity and filiation that has remained undisturbed in the public records for more than 33 years, since Bonifacio Go Kim, during his lifetime, acknowledged petitioner as his son by registering him as one of his children. 17 In a letter dated February 24, 1987, 18 the undersecretary of justice 19 rendered his opinion, thus —

    "While it is to be conceded that the correction of entries in the immigration records of William Go Kim Huy might affect his status, paternity and filiation, matters which are sub judice in Civil Case No. 30154 of the CFI of Quezon City, the said corrections will not be binding upon the court. The court will have to base its findings and decision on the evidence to be presented before it.

    "This Ministry is thus making its position clear that while it upholds the authority of the CID to correct entries in its records pertaining to the personal circumstances of William Go Kim Huy, it does not in any manner pass judgment on the validity or correctness of the CID’s findings and conclusions on the status of the above-named person."cralaw virtua1aw library

    Petitioner went to this Court via a special civil action for certiorari in G.R. No. 78887 assailing the opinion rendered by the Ministry of Justice. On August 22, 1988, this Court dismissed the petition after finding that the petition failed to "sufficiently show that public respondent had committed grave abuse of discretion in rendering the questioned judgment." 20

    Respondents filed a series of Motion to Dismiss. Before they were acted upon, the records of this case were among those totally lost in the fire that gutted the Quezon City Hall Building on June 11, 1988. 21

    On May 15, 1990, 22 petitioner filed a petition for reconstitution of records.

    Acting on the pending motion to dismiss, the trial court, on February 26, 1993, issued a resolution 23 denying the motion and ruled that all the elements of a cause of action are present in the case. 24

    On February 16, 1996, the trial court 25 dismissed the complaint for insufficiency of evidence and ordered petitioner to indemnify respondent in the sum of two hundred thousand pesos (P200,000.00) as moral damages, to wit:jgc:chanrobles.com.ph

    "WHEREFORE, in view of the foregoing, the Plaintiffs case is DISMISSED for insufficiency of evidence. The Plaintiff is ordered to indemnify the Defendants in the sum of Two Hundred Thousand Pesos (P200,000.00) as moral damages. All other counterclaims are hereby denied.

    "SO ORDERED." 26

    On November 12, 1998, the Court of Appeals rendered its decision 27 affirming the trial court’s findings, thus —

    "WHEREFORE, premises considered, the decision appealed from is hereby AFFIRMED in toto.

    "SO ORDERED."cralaw virtua1aw library

    Petitioner now comes to us seeking nullification of the CA decision contending that it erred: (1) in not finding that petitioner is the son of the late Bonifacio Go Kim because he allegedly failed to adduce evidence to prove his filiation; (2) when it completely ignored and gave weight or credence to the certifications cancelled by the CID ignoring in the process the unchallenged sworn declarations recognizing the legitimate filiation of petitioner; (3) in not holding that Bonifacio Go Kim had a son by the name of Go Kim Huy; (4) in not holding that Bonifacio Go Kim’s son, Go Kim Huy, is actually the petitioner; (5) in not holding that Bonifacio Go Kim owned properties that must be divided/partitioned by his heirs, which include herein petitioner; and, (6) in not holding respondents liable to petitioner for damages. 28

    Petitioner claims that he is a legitimate son of the decedent and, as such, is entitled to acquire his share as a legitimate heir. We concede that from the time of death of Bonifacio Go Kim in 1974, his heirs acquired a definite right to the inheritance. 29 By provision of will or operation of law, his heirs are called to succeed. 30 Nevertheless, the burden of proof is on petitioner to establish his affirmative allegation that Bonifacio Go Kim is his father. 31 Under our legal system, filiation is established by any of the following: (1) the record of birth appearing in the civil register or a final judgment; (2) an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of the foregoing evidence, the legitimate filiation shall be proved by the open and continuous possession of the status of a legitimate child or any other means allowed by the Rules of Court and special laws. 32 Prior to the effectivity of the Family Code of the Philippines in 1988, the operative law to prove filiation were Articles 265 to 268 of the Civil Code of the Philippines, thus —

    "ARTICLE 265. The filiation of legitimate children is proved by the record of birth appearing in the Civil Register, or by an authentic document or final judgment.

    "ARTICLE 266. In the absence of the titles indicated in the preceding article, the filiation shall be proved by the continuous possession of status of a legitimate child.

    "ARTICLE 267. In the absence of a record of birth, authentic document, final judgment or possession of status, legitimate filiation may be proved by any other means allowed by the Rules of Court and special laws."cralaw virtua1aw library

    The Court of Appeals ruled that petitioner failed to produce his official record or birth certificate, a judicial decree or an instrument handwritten by the decedent to prove his filiation. The provisions of the Family Code were relied upon by the Court of Appeals in dismissing petitioner’s appeal. When the case was filed, the applicable law was the pertinent provisions of the Civil Code and not the provisions of the Family Code.

    In resolving the issues presented, we must take into account that this is the second time that we will decide the issues respecting this case. As early as 1988, this Court upheld the authority of the BID to correct its own records. Now, petitioner once more insists that we disregard the actions taken by the BID and consider the documents previously cancelled by the said office to support his claim that he is a legitimate son of Bonifacio Go Kim. The documents petitioner wants us to give weight and credence refer to Exhibits "B", "EEE", "FFF", "K" and "M." Exhibit "B" is the application for alien registration of the late Bonifacio Go Kim dated July 17, 1950 stating therein that he has two children — petitioner and respondent Santiago. 33 Exhibit "EEE" refers to the Alien Certificate of Registration of Gaw Piak registering Go Kim Huy as his other name, accomplished on December 3, 1945. 34 Exhibit "FFF" is the Landing Certificate of Residence of Chua Yiak indicating May 4, 1933 as date of entry. 35 Exhibit "K" is the borrower’s receipt from the BID Records Section showing that the records of Chua Yiak with the said office were borrowed 36 and Exhibit "M" refers to the Landing Certificate of Residence of Gaw Piak issued in 1933. 37 The foregoing exhibits have been cancelled by the BID by virtue of Exhibit "I," which is the BID resolution ordering the correction of records of petitioner and decedent.

    Filiation is a serious matter that must be resolved according to the requirements of the law. Exhibit "I" was considered both by the trial court and the Court of Appeals in deciding the issue of filiation that defeats petitioner’s imputation of relation with the decedent and the respondents. Petitioner posits that we disregard Exhibit "I." What petitioner wants us to do is to disturb our pronouncement on August 22, 1988 where we upheld the authority of BID to correct its own records which effectively upheld Exhibit "I." We have repeatedly emphasized in a plethora of cases that judgments which had already attained finality cannot again be subject of review, otherwise, there will be no end to litigation. The documents petitioner wants us to reconsider were already cancelled by the BID, which cancellation has been affirmed by this Court thirteen (13) years ago. Once a judgment or an order of a court has become final, the issues raised therein should be laid to rest.38 Petitioner cannot now demand that we calibrate anew the documents previously cancelled and give it weight and credence, and worst, reverse our earlier pronouncement, which has long become final and executory since 1988. In fact, petitioner’s alleged filiation was merely dependent upon the certification issued by the BID in 1974 and he has failed to show by convincing evidence, other than the certification issued by the BID which was later on cancelled, that indeed he was related to the decedent. Petitioner failed to raise any substantial issue that demands consideration. In the voluminous records presented, it all boils down to a reconsideration of the BID findings which cannot now be disturbed.

    Petitioner even claims share in the properties which appeared to be under the name of other persons in the Certificate of Title. It must be stressed that where a property subject of controversy is duly registered under the Torrens System, the presumptive conclusiveness of such title should be given weight, and in the absence of strong and compelling evidence to the contrary, the holder thereof should be considered as the owner of the property in controversy until his title is nullified or modified in an appropriate ordinary action. 39

    With respect to the moral damages however, we delete the P200,000.00 award. The delay and protracted litigation was not solely imputable to petitioner. Besides, there is no clear testimony on the anguish or anxiety suffered by respondents. The grant of moral damages is expressly allowed by law in instances where proofs of the mental anguish, serious anxiety, and moral shock were shown. 40

    ACCORDINGLY, in line with the foregoing disquisition, the petition is hereby DENIED. The questioned decision of the appellate court promulgated on November 12, 1998 41 and its resolution promulgated on February 19, 1999 42 denying petitioner’s motion for reconsideration are hereby AFFIRMED, subject to the modification that the award of moral damages is deleted.

    SO ORDERED.

    Bellosillo, Mendoza, Quisumbing, and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Records, Volume I, pp. 60-78.

    2. Complaint subsequently amended to conform to Article 222 of the Civil Code; ibid, pp. 203-221.

    3. In his landing certificate the age reflected was 7. Petitioner’s date of birth is June 10, 1927. He arrived in Manila in May 1933.

    4. Records, Volume IV, pp. 1654 to 1657 - Articles of Partnership of Bonifacio Go Kim & Son,

    5. Records, Exhibit "JJJ", volume V, p. 2005; volume IV, p. 1659 - Certificate of Registration of Business Name with the Bureau of Commerce stating "Bonifacio Go Kim & Sons" as business name; records, volume IV, p. 1672 - Articles of Partnership of "Bonifacio Go Kim & Sons" ; records, Volume III, p. 1255 - certification issued by the Bureau of Internal Revenue dated February 19, 1949 that "Bonifacio Go Kim & Sons" was registered with the said office.

    6. Rollo, p. 122.

    7. Records, Volume I, p. 181.

    8. Ibid., p. 182.

    9. Atty. K.V. Faylona.

    10. Records, volume II, pp. 754 -755.

    11. Records, volume III, p. 1246

    The full-text of the certification is quoted as follows —

    "CERTIFICATION

    "This is to certify that according to the records on file in this Office, particularly to the Application for Alien Registration (ACR) No. A-69716 issued at Manila on July 17, 1950 of one Go Kim alias Bonifacio Go Kim, male, married, born in Amoy, Fukien, China, on May 5, 1888, it appears that the following are his registered children:jgc:chanrobles.com.ph

    "NAMES Date and Place of Birth

    1. Go Kim Tiam May 1, 1912 — Chingkiang, China

    2. Go Kim Huy June 10, 1927 — Chingkiang, China

    "This certificate is issued upon the request of William Go Kim Huy for presentation to the Land Registration Commission and other pertinent government Offices in connection with the transfer of real properties from the father to his children, and issuance hereof is duly authorized by Mr. Danilo N. Arcadio, Administrative Officer, this Commission.

    "Manila, May 27, 1974.

    "FOR THE COMMISSIONER:chanrob1es virtual 1aw library

    REGINO M. DEL ROSARIO (Sgd.)

    Chief, Records Section"

    12. Amended Complaint; Records, Volume I, pp. 220- 221

    The properties included in the complaint are —

    "WHEREFORE, plaintiff respectfully prays that judgment be rendered declaring that the following properties are held by the following defendants in trust for the heirs of the late Bonifacio Go Kim, namely, defendants Santiago Go Kim Tiam and plaintiff William Go Kim Huy, and that said defendants should render an accounting of the income of said properties and businesses, to wit:jgc:chanrobles.com.ph

    "The wholesale business of ‘Siu Sin Hang’ — now held by defendants Bonifacio Go Kim & Sons, Santiago Go Kim Tiam, Tomas Tan Go, Jose Tan Go, Roberto Tan Go, Basilio Tan Go and Leoncio Tan Go.

    "The retail business of ‘Siu Sin Hang’ — held by defendant Bonifacio Go Kim & Sons from 1948 to 1957 and now by defendants Santiago Go Kim and Co., Basilio Tan Go, Jose Tan Go and Tomas Tan Go.

    "The land and building on 6th Avenue corner A Del Mundo and F. Roxas Streets, Grace Park, Caloocan City — which defendant Santiago Go Kim Tiam holds through the Torrens Title No. 22104 is issued in the name of the late Bonifacio ‘Go Kim’.

    "The land and building on Nos. 917 to 917-A Aurora Boulevard, corner Albany Street, Cubao Quezon City — held by defendant Santiago Go Kim Tiam.

    "The land and building located on 2nd Avenue, corner Teodoro Street, Grace Park, Caloocan City — held by defendants Bonifacio Go Kim & Sons, Santiago Go Kim Tiam, Tomas Tan Go, Jose Tan Go, Roberto Tan Go, Basilio tan Go and Leoncio Tan Go.

    "The land and building at 810 Asuncion Street, Binondo, Manila — held by defendants Bonifacio Go Kim & Sons, Santiago Go Kim Tiam, Tomas Tan Go, Jose Tan Go, Roberto Tan Go, Basilio Tan Go and Leoncio Tan Go.

    "The land and building Nos. 931-943 Sto. Cristo, corner Zaragoza, Tondo, Manila — held by defendants Bonifacio Go Kim & Sons, Santiago Go Kim Tiam Tomas Tan Go, Jose Tan Go, Roberto Tan Go, Basilio Tan Go and Leoncio Tan Go.

    "The 25% interest of the late Bonifacio Go Kim in Magellan Realty Co. owning and operating the land and building at No. 628 Quezon Boulevard, Quiapo, Manila — held by defendant Basilio Tan Go.

    "and ordering defendants jointly and severally to pay the plaintiff such damages, moral, exemplary or corrective and attorney’s fees and expenses of litigation in such sums as the Court may assess, plus costs.

    "He prays for such other remedy as the Court may deem just and equitable in the premises."cralaw virtua1aw library

    13. Ibid., p. 315.

    14. Ibid., pp. 349-365.

    15. Eight Division, per Justice Ricardo L. Pronove Jr., Justice Floreliana Castro-Bartolome, Justice Bonifacio A. Cachanrobles.com.ph:redc Jr. as members; Ibid., pp. 8-12.

    16 The dispositive portion of the CID Resolution dated May 15, 1985, per Legal Officer II Restituto L. Opis, approved by CID Commissioner Edmundo M. Reyes - [Records, Volume I, p. 333; Volume II, pp. 678-690; pp. 739-751; pp. 873-885]

    "WHEREFORE, the undersigned hereby submits the above findings and based thereon, finds and recommends the following:jgc:chanrobles.com.ph

    "1. Respondent William Go Kim Huy or Go Kim Huy is not a son of the late spouses, Go Kim @ Bonifacio Go Kim and Chua Yiak;

    "2. Recommends the recall and cancellation of the certification issued by the Record Section of this Commission, dated May 27, 1974, stating that Go Kim Huy is a son of Go Kim @ Bonifacio Go Kim;

    "3. Recommends the correction, to make them speak the real fact, of the immigration records of Go Kim @ Bonifacio Go Kim and the immigration records of respondent (formerly named Gaw Piak, now officially named William Go Kim Huy ‘alias Go Kim Huy’) which project that respondent is a son of said Go Kim @ Bonifacio Go Kim."cralaw virtua1aw library

    17. Records, volume III, pp. 1145 - 1163.

    18. Ibid., pp. 1274 - 1276.

    19. Per Undersecretary of Justice Emilio De La Paz, Jr.

    20. Records, volume II, p. 1000; volume III, p. 1100.

    21. Records, volume III, p. 1391.

    22. Records, volume I, pp. 49-59.

    23. Per Judge Delilah Vidallon Magtolis, now Court of Appeals Justice.

    24. Records, volume III, pp. 1391-1395.

    25. Per Judge Tirso D. C. Velasco.

    26. Records, volume V, p. 2146.

    27. Per Court of Appeals Associate Justice Bernardo P. Abesamis; Rollo, p.90.

    28. Rollo, p, 167.

    29. Article 777 Civil Code of the Philippines.

    30. Article 782 Civil Code of the Philippines.

    31. see Constantino v. Mendez, 209 SCRA 18,24 [1992].

    32. Article 172, Family Code of the Philippines. Source: Article 265-267 of the Civil Code of the Philippines

    33. Records volume III, pp. 1247-1248.

    34. Records Volume V, p. 1993.

    35. Ibid., p. 1997.

    36. Records, Volume III, p. 1269.

    37. Records, Volume III, p. 1272.

    38. Salandanan v. CA, 290 SCRA 671 [1998].

    39. see Rufina Luy Lim vs CA et al, 323 SCRA 102 [2000].

    40. see Marquez vs CA, 300 SCRA 653 [1998].

    41. Rollo, pp. 79-90.

    42. Rollo, pp. 21-22.

    G.R. No. 137674   September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.


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