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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
 

 
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August-2003 Jurisprudence                 

  • A.M. No. P-02-1651 August 4, 2003 - ALEJANDRO ESTRADA v. SOLEDAD S. ESCRITOR

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  • G.R. No. 152611 August 5, 2003 - LAND BANK OF THE PHIL. v. SEVERINO LISTANA, SR.

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  • G.R. No. 142843 August 6, 2003 - OCTAVIO ALVAREZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144428 August 6, 2003 - PEOPLE OF THE PHIL. v. JUAN M. ROSARIO

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  • G.R. Nos. 145383-84 August 6, 2003 - RUDY M. VILLAREÑA v. COMMISSION ON AUDIT

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  • G.R. No. 127210 August 7, 2003 - ALVIN TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 138956 August 7, 2003 - LOADSTAR SHIPPING CO., ET AL. v. ROMEO MESANO

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  • G.R. No. 146382 August 7, 2003 - SYSTEMS PLUS COMPUTER COLLEGE OF CALOOCAN CITY v. LOCAL GOVERNMENT OF CALOOCAN CITY

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  • G.R. No. 149075 August 7, 2003 - PEOPLE OF THE PHIL. v. RODRIGO P. BALLENO

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  • G.R. No. 154183 August 7, 2003 - SPS. VICKY TAN TOH and LUIS TOH v. SOLID BANK CORP., ET AL.

  • G.R. No. 134241 August 11, 2003 - DAVID REYES v. JOSE LIM, ET AL.

  • G.R. No. 139177 August 11, 2003 - PEOPLE OF THE PHIL. v. ALVIN VILLANUEVA

  • A.M. No. 00-3-48-MeTC August 12, 2003 - REPORT ON THE JUDICIAL AUDIT AND PHYSICAL INVENTORY OF CASES IN THE MTC OF MANILA, BR. 2

  • A.M. No. MTJ-02-1388 August 12, 2003 - FELISA TABORITE, ET AL. v. MANUEL S. SOLLESTA, ET AL.

  • A.M. No. P-02-1588 August 12, 2003 - RUBY M. GONZALES v. ALMA G. MARTILLANA

  • G.R. No. 120474 August 12, 2003 - ANICETO W. NAGUIT, JR. v. NLRC, ET AL.

  • G.R. Nos. 133796-97 August 12, 2003 - PEOPLE OF THE PHIL. v. BERNANDINO M. ALAJAY

  • G.R. No. 133858 August 12, 2003 - PEOPLE OF THE PHIL. v. HERMINIANO SATORRE

  • G.R. No. 133892 August 12, 2003 - PEOPLE OF THE PHIL. v. JOVITO B. LLAVORE, ET AL.

  • G.R. No. 137792 August 12, 2003 - SPS RICARDO ROSALES, ET AL. v. SPS ALFONSO and LOURDES SUBA, ET AL.

  • G.R. No. 145951 August 12, 2003 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 151908 & 152063 August 12, 2003 - SMART COMMUNICATIONS, INC. v. NATIONAL TELECOMMUNICATIONS COMMISSION

  • G.R. No. 152807 August 12, 2003 - HEIRS OF LOURDES SAEZ SABANPAN, ET AL. v. ALBERTO C. COMORPOSA, ET AL.

  • A.C. No. 4650 August 14, 2003 - ROSALINA BIASCAN v. MARCIAL F. LOPEZ

  • A.M. No. 00-6-09-SC August 14, 2003 - RE: IMPOSITION OF CORRESPONDING PENALTIES FOR HABITUAL TARDINESS, ETC.

  • A.M. No. RTJ-01-1631 August 14, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. JAIME F. BAUTISTA

  • G.R. No. 126627 August 14, 2003 - SMITH KLINE BECKMAN CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140023 August 14, 2003 - RUDY LAO v. STANDARD INSURANCE CO.

  • G.R. Nos. 140034-35 August 14, 2003 - PEOPLE OF THE PHIL. v. RODOLFO B. ZABALA

  • G.R. No. 144402 August 14, 2003 - PEOPLE OF THE PHIL. v. ROMEO ECLERA, SR.

  • G.R. No. 156039 August 14, 2003 - KARINA CONSTANTINO-DAVID, ET AL. v. ZENAIDA D. PANGANDAMAN-GANIA

  • A.M. No. MTJ-02-1401 August 15, 2003 - ARSENIA LARIOSA v. CONRADO B. BANDALA, ET AL.

  • G.R. No. 115925 August 15, 2003 - SPS. RICARDO PASCUAL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127128 August 15, 2003 - PEOPLE OF THE PHIL. v. ROEL C. MENDIGURIN

  • G.R. No. 133841 August 15, 2003 - CAROLINA P. RAMIREZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 135697-98 August 15, 2003 - PEOPLE OF THE PHIL. v. PEDRITO C. ANDRES, ET AL.

  • G.R. Nos. 137520-22 August 15, 2003 - PEOPLE OF THE PHIL. v. ALFREDO BAROY, ET AL.

  • G.R. No. 138074 August 15, 2003 - CELY YANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 138862 August 15, 2003 - MANUEL CAMACHO v. RICARDO GLORIA, ET AL.

  • G.R. No. 139895 August 15, 2003 - CIPRIANO M. LAZARO v. RURAL BANK OF FRANCISCO BALAGTAS (BULACAN), INC., ET AL.

  • G.R. No. 143258 August 15, 2003 - PHILIPPINE AIRLINES v. JOSELITO PASCUA, ET AL.

  • G.R. No. 144618 August 15, 2003 - JORGE CHIN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 147662-63 August 15, 2003 - PEOPLE OF THE PHIL. v. FREDDIE FONTANILLA

  • G.R. No. 148222 August 15, 2003 - PEARL & DEAN (PHIL.) v. SHOEMART, ET AL.

  • G.R. No. 151941 August 15, 2003 - CHAILEASE FINANCE CORP. v. SPS. ROMEO and MARIAFE MA

  • G.R. Nos. 153714-20 August 15, 2003 - PEOPLE OF THE PHIL. v. MARIO K. ESPINOSA

  • G.R. No. 154448 August 15, 2003 - PEDRITO F. REYES v. COURT OF APPEALS, ET AL.

  • G.R. No. 154920 August 15, 2003 - RODNEY HEGERTY v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-03-1744 August 18, 2003 - ROBERT M. VISBAL v. ROGELIO C. SESCON

  • A.C. No. 5299 August 19, 2003 - ISMAEL G. KHAN v. RIZALINO T. SIMBILLO

  • G.R. No. 138945 August 19, 2003 - FELIX GOCHAN AND SONS REALTY CORP., ET AL. v. HEIRS OF RAYMUNDO BABA, ET AL.

  • G.R. No. 144331 August 19, 2003 - PEOPLE OF THE PHIL. v. CRISTITO LATASA

  • G.R. No. 145930 August 19, 2003 - C-E CONSTRUCTION CORP. v. NLRC, ET AL.

  • G.R. No. 147246 August 19, 2003 - ASIA LIGHTERAGE AND SHIPPING, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 148877 August 19, 2003 - PEOPLE OF THE PHIL. v. ANGELITO B. BAGSIT

  • G.R. No. 149724 August 19, 2003 - DENR v. DENR REGION 12 EMPLOYEES

  • G.R. No. 150060 August 19, 2003 - PRIMARY STRUCTURES CORP. v. SPS. ANTHONY and SUSAN T. VALENCIA

  • A.M. No. MTJ-02-1437 August 20, 2003 - JAIME E. CONTRERAS v. EDDIE P. MONSERATE

  • A.M. No. MTJ-03-1473 August 20, 2003 - MYRA M. ALINTANA DE PACETE v. JOSEFINO A. GARILLO

  • A.M. No. RTJ-03-1745 August 20, 2003 - UNITRUST DEVELOPMENT BANK v. JOSE F. CAOIBES, JR., ET AL.

  • G.R. No. 125799 August 21, 2003 - DANILO CANSINO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 148864 August 21, 2003 - SPS EDUARDO and EPIFANIA EVANGELISTA v. MERCATOR FINANCE CORP., ET AL.

  • G.R. No. 149495 August 21, 2003 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 150590 August 21, 2003 - PEOPLE OF THE PHIL. v. WILLIE A. ALMEDILLA

  • A.M. No. P-03-1673 August 25, 2003 - LOUIE TRINIDAD v. SOTERO S. PACLIBAR

  • G.R. No. 114172 August 25, 2003 - JUANITA P. PINEDA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129368 August 25, 2003 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 129961-62 August 25, 2003 - PEOPLE OF THE PHIL. v. VIRGILIO CAABAY, ET AL.

  • G.R. No. 137326 August 25, 2003 - ROSARIO TEXTILE MILLS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138334 August 25, 2003 - ESTELA L. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 142856-57 August 25, 2003 - PEOPLE OF THE PHIL. v. ROBERTO NEGOSA

  • G.R. No. 151026 August 25, 2003 - SOLIDBANK CORP. v. CA, ET. AL.

  • G.R. No. 152221 August 25, 2003 - PEOPLE OF THE PHIL v. JACINTO B. ALVAREZ, JR.

  • A.M. No. 01-4-133-MTC August 26, 2003 - RE: ELSIE C. REMOROZA

  • A.M. No. MTJ-03-1492 August 26, 2003 - DOMINGO B. MANAOIS v. LAVEZARES C. LEOMO

  • A.M. No. MTJ-03-1504 August 26, 2003 - FELICITAS M. HIMALIN v. ISAURO M. BALDERIAN

  • G.R. Nos. 146097-98 August 26, 2003 - PEOPLE OF THE PHIL. v. JUAN CARIÑAGA

  • A.C. No. 5474 August 28, 2003 - REDENTOR S. JARDIN v. DEOGRACIAS VILLAR

  • A.C. No. 5535 August 28, 2003 - SPS. STEVEN and NORA WHITSON v. JUANITO C. ATIENZA

  • A.M. No. MTJ-03-1506 August 28, 2003 - PABLO B. MABINI v. LORINDA B. TOLEDO-MUPAS

  • A.M. No. P-01-1507 August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. ROLANDO SAA

  • A.M. No. P-02-1579 August 28, 2003 - LETICIA L. NICOLAS v. PRISCO L. RICAFORT

  • A.M. No. P-02-1631 August 28, 2003 - RENATO C. BALIBAG v. HERMITO C. MONICA

  • A.M. No. P-02-1659 August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. LIZA MARIA E. SIRIOS

  • A.M. No. P-03-1710 August 28, 2003 - EDGARDO ANGELES v. BALTAZAR P. EDUARTE

  • A.M. No. RTJ-02-1676 August 28, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. GUILLERMO R. ANDAYA

  • A.M. No. RTJ-03-1786 August 28, 2003 - ALFREDO Y. CHU v. CAMILO E. TAMIN

  • G.R. No. 134604 August 28, 2003 - PEOPLE OF THE PHIL. v. ERNESTO HUGO, ET AL.

  • G.R. No. 138295 August 28, 2003 - PILIPINO TELEPHONE CORP. v. NTC, ET AL.

  • G.R. No. 143826 August 28, 2003 - IGNACIA AGUILAR-REYES v. SPS. CIPRIANO and FLORENTINA MIJARES

  • G.R. No. 146501 August 28, 2003 - FLORDELIZA RIVERA v. GREGORIA SANTIAGO, ET AL.

  • G.R. No. 149810 August 28, 2003 - PEOPLE OF THE PHIL. v. CRISPIN T. RUALES

  • G.R. No. 154049 August 28, 2003 - RAMON P. JACINTO, ET AL. v. FIRST WOMEN’S CREDIT CORP.

  • G.R. No. 133733 August 29, 2003 - PEOPLE OF THE PHIL. v. MAXIMO AQUINDE, ET AL.

  • G.R. No. 136299 August 29, 2003 - PEOPLE OF THE PHIL. v. ZOILO MAGALLANES

  • G.R. No. 137010 August 29, 2003 - ARK TRAVEL EXPRESS v. Presiding Judge of the Regional Trial Court of Makati, ET AL.

  • G.R. No. 142383 August 29, 2003 - ASIAN TRANSMISSION CORP. v. CANLUBANG SUGAR ESTATES

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    G.R. No. 125799   August 21, 2003 - DANILO CANSINO, ET AL. v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 125799. August 21, 2003.]

    DANILO CANSINO AND LINDA DE JESUS, Petitioners, v. COURT OF APPEALS, HON. JUDGE, RTC OF KALOOCAN CITY, BR.-120 AND SPS. FRANCISCO E. CASTRO and ROSARIO B. CASTRO and, CESAR L. CRUZ, SHERIFF IV, RTC KALOOKAN CITY, BR. 120, Respondents.

    D E C I S I O N


    PUNO, J.:


    Having gone through the summary procedure in the Metropolitan Trial Court (MeTC), an appeal to the Regional Trial Court (RTC) and a petition for certiorari to the Court of Appeals (CA), this ejectment case is now before this Court on a Petition for Review on Certiorari.

    The case stemmed from a complaint for unlawful detainer filed by respondent spouses Francisco and Rosario Castro against Danilo Cansino, Linda de Jesus and Elena Mesa 1 before the Metropolitan Trial Court. The subject matter of the controversy is a parcel of land located at Maligaya Park Subdivision, Kalookan City. In their complaint, respondents alleged that petitioners, "by strategy and stealth unlawfully constructed their respective houses inside plaintiffs(’) (herein respondents) aforementioned parcel of land." 2 In their answer with counterclaim, petitioners Cansino and de Jesus averred that their possession was "premised upon the honest belief that the lot they were and are still occupying was a public land;" that they "had been in possession of the subject premises ever since 1977;" and that "the failure (of herein respondents) to allege when possession of defendants (herein petitioners) started and taken cognizance of by plaintiffs (herein respondents) created (sic) doubts" as to the jurisdiction of the MeTC. 3

    The MeTC took cognizance of the case and treated the complaint as one for ejectment under the Rules on Summary Procedure. It ordered the parties to submit their respective affidavits and those of their witnesses along with their other evidence. Thereafter, the MeTC in its decision dated August 12, 1994, dismissed the complaint holding that in an ejectment case, the plaintiff has the burden of proving prior physical possession of the property. Respondents failed to discharge the burden. 4

    On appeal with the RTC of Kalookan City, Br. 120, the court, on January 11, 1995, affirmed in toto the decision of the MeTC. It held that respondents were not able to present evidence of their actual possession of the property prior to that of petitioners, while the latter were able to prove their possession of the property since 1977. 5

    Respondents filed a motion for reconsideration where they appended more documentary evidence showing their ownership over the subject property, as well as the ownership and possession of their predecessors-in-interest. On March 14, 1995, the RTC reversed its previous decision. It ruled that respondents were able to prove the ownership and possession of their predecessors-in-interest, which dated back to 1964, way before the 1977 possession of petitioners. Moreover, it rejected the claim of petitioners that the subject land is public property since it has been proven that the lot is titled and the title has been transferred to respondents on January 29, 1993. The title being incontrovertible after a year, petitioners can no longer assail it. The court considered petitioners as intruders or squatters on the subject lot. 6

    Thus, petitioners filed a petition for review with the Court of Appeals. They assailed the right of the RTC to decide the issue of ownership without any fair trial and the propriety of the action of the RTC in considering the documentary evidence attached by respondents in their motion for reconsideration which were not made part of the position paper they (respondents) previously submitted. 7

    The Court of Appeals affirmed the ruling of the RTC. It held that petitioners were unable to substantiate their possession of the property. Their "occupancy is at best due to the tolerance of the registered owners, private respondent spouses." Moreover, "since respondents had prior legal possession of the property, they had in their favor priority of time that legally entitles them to stay in the said property." 8 With regard to the action taken by the RTC in considering the documentary evidence attached only in the motion for reconsideration, the appellate court ruled that under Section 5, Rule 135 of the Revised Rules of Court, the RTC has the inherent power to amend and control its process and orders so as to make them conformable to law and justice. 9

    Petitioners brought the case at bar to this Court on a petition for review on certiorari. They raise the following issues:chanrob1es virtual 1aw library

    I


    WHETHER OR NOT SECTION 5, RULE 135 OF THE REVISED RULES OF COURT IS APPLICABLE IN A MOTION FOR RECONSIDERATION WHERE DOCUMENTS IN THE MOTION FOR RECONSIDERATION ARE NOT TO BE CONSIDERED AS EVIDENCE TO PROVE SUPERVENING EVENTS.

    II


    WHETHER OR NOT THE PRIVATE RESPONDENTS HAVE A CLEAR RIGHT TO POSSESS THE SUBJECT LAND. 10

    Anent the first issue, Section 5, Rule 135 of the Revised Rules of Court provides:chanrob1es virtual 1aw library

    Sec. 5. Inherent powers of courts. — Every court shall have the power:chanrob1es virtual 1aw library

    x       x       x


    (g) To amend and control its process and orders so as to make them conformable to law and justice;

    x       x       x


    The Court of Appeals upheld the RTC in reconsidering its prior decision on the basis of new evidence attached to the motion for reconsideration on the ground that it is the inherent right of the court to amend and control its processes. It further ruled that procedural technicalities should not override substantial justice. 11

    We disagree. It is true that the rules provide that courts have the inherent power to amend their decisions to make them conformable to law and justice. This prerogative, however, is not absolute. The rules do not contemplate amendments that are substantial in nature. 12 They merely cover formal changes or such that will not affect the crux of the decision, like the correction of typographical or clerical errors. Courts will violate due process if they make substantial amendments in their decisions without affording the other party the right to contest the new evidence presented in a motion for reconsideration.

    Under Rule 37 of the Revised Rules of Court, a party may file a motion for reconsideration on the ground, among others, that." . ., the evidence is insufficient to justify the decision or final order, or the decision or final order is contrary to law." 13 It requires the motion to point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making specific reference to the testimonial or documentary evidence presented or to the provisions of law alleged to be violated. 14

    It is implicitly clear from Rule 37 that a motion for reconsideration cannot be used as a vehicle to introduce new evidence. Petitioners correctly contend that if respondents wanted to present further evidence, they should have filed a motion for new trial based on newly discovered evidence. However, for newly discovered evidence to warrant a new trial, (a) it must have been discovered after trial, (b) it could not have been discovered or produced at the trial despite reasonable diligence, (c) it must be material and not merely collateral, cumulative, corroborative or purely for impeaching a witness, merely important evidence being not enough, and (d) if presented, would probably alter the result of the action. 15

    In the case at bar, respondents attached for the first time in their motion for reconsideration, evidence to prove their ownership over the parcel of land subject matter of this controversy. This cannot be countenanced. For one, possession is the only issue in a case for unlawful detainer. 16 More importantly, there is no justification for the delay in presenting said evidence. We note that although it was respondents who filed an appeal to the RTC, they failed to submit their memorandum as required by the said court. 17 It was only after the RTC rendered an unfavorable decision that respondents filed a motion for reconsideration and appended their new evidence. Piecemeal presentation of evidence is not in accord with orderly justice.

    But considering the totality of evidence, we still rule in favor of petitioners. Respondents appended to its motion for reconsideration the following evidence: Transfer Certificate of Title No. T-45212 issued on August 16, 1972 in the name of the predecessors-in-interest of respondents, Estrella Crisostomo and Azucena Bantug; 18 Transfer Certificate of Title No. T-262332 issued on January 29, 1993 in the name of respondent spouses Francisco and Rosario Castro; 19 Contract to Sell between Maligaya Park and Leticia Flores and Estrella Crisostomo dated May 4, 1962; 20 Location Plan showing the site of the contested parcel of land; 21 and Real Property Tax Receipts for the years 1988 22 and 1993. 23

    The titles presented by respondents do not necessarily prove their right to possession, especially since there is a separate case for the investigation of the true status of the land formerly in the name of Biyaya Corporation from where respondents and their predecessors-in-interest obtained their title. 24 Neither will the contract to sell and the location plan prove possession. Lastly, the tax receipts presented by respondents covered only the years 1988 and 1993. The failure of respondents to present the receipts covering the years before 1988 and between 1988 and 1993, despite the claim that they and their predecessors-in-interest had possession over the property during these years, creates doubt as to the validity of their claim of prior possession.

    It is fundamental that complainants in an ejectment case must allege and prove that they had prior physical possession of the property before they were unlawfully deprived thereof by defendants. 25 Respondents, being the complainants before the lower court, had the burden of proving their claim of prior possession. They, however, failed to prove their claim.

    In light of our resolution of the first issue which clears the question of prior possession, it is unnecessary to discuss the second issue since petitioners’ argument touches on the ownership of the lot subject matter of this controversy. As discussed, the case at bar is an ejectment case where the only issue is prior possession of the lot. Any controversy with regard to ownership should be ventilated in a separate action.

    IN VIEW WHEREOF, the decision of the Court of Appeals is REVERSED. The decision of the Metropolitan Trial Court of Kalookan City, Branch 50 and the January 11, 1995 decision of the Regional Trial Court of Kalookan City, Branch 120 are REINSTATED.

    SO ORDERED.

    Panganiban and Sandoval-Gutierrez, JJ., concur.

    Corona and Carpio-Morales, JJ., on official leave.

    Endnotes:



    1. One of the defendants in the original complaint before the Metropolitan Trial Court, but was dismissed from the case because she voluntarily agreed to leave the subject premises after summons and a copy of the complaint had been served on her person. The agreement to dismiss was approved by the court.

    2. Rollo, pp. 46 and 156.

    3. Id. at 50 and 160.

    4. Id. at 59-60 and 187–188.

    5. Id. at 67-68 and 189–190.

    6. CA Rollo, pp. 22–24.

    7. Rollo, pp. 228–232.

    8. CA Rollo, p. 166.

    9. Id. at 168.

    10. Rollo, pp. 20–21.

    11. CA Rollo, p. 168.

    12. Unidad v. Court of Appeals, G.R. No. 129201, March 11, 2003.

    13. Section 1, Rule 37 of the Revised Rules of Court.

    14. Section 2, Rule 37 of the Revised Rules of Court.

    15. Pantig v. Baltazar, 191 SCRA 830 (1990).

    16. Heirs of Roman Soriano v. Court of Appeals, 363 SCRA 87 (2001).

    17. Records, p. 91.

    18. Id. at 105; Annex "A."cralaw virtua1aw library

    19. Id. at 106–107; Annex "A-1."cralaw virtua1aw library

    20. Id. at 108–109; Annex "B."cralaw virtua1aw library

    21. Id. at 110; Annex "C."cralaw virtua1aw library

    22. Id. at 111; Annex "D."cralaw virtua1aw library

    23. Id. at 112; Annex "D-1."cralaw virtua1aw library

    24. Id. at 15; Annex "I."cralaw virtua1aw library

    25. Go, Jr. v. Court of Appeals, 362 SCRA 755 (2001).

    G.R. No. 125799   August 21, 2003 - DANILO CANSINO, ET AL. v. COURT OF APPEALS, ET AL.


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