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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2009 Jurisprudence                 

  • A.C. No. 7027 - TANU REDDI v. ATTY. DIOSDADO C. SERBIO, JR.

  • A.C. No. 7024 - OFELIA R. SOMOSOT v. ATTY. GERARDO F. LARA

  • A.C. No. 7860 - AVELINO O. ANGELES, ET AL. v. ATTY. AMADO O. IBANEZ

  • A.C. No. 7861 CBD Case No. 06-1829 - WILHELMINA C. VIRGO v. ATTY. OLIVER V. AMORIN

  • A.M. No. 2007-15-SC - RE: EMPLOYEES INCURRING HABITUAL IN THE 1ST SEM OF 2007: MS. MARIVIC C. AZURIN, ET AL.

  • A.M. No. MTJ-07-1676 - AUREO G. BAYAGA v. JUDGE TRANQUILINO V. RAMOS

  • A.M. No. MTJ-06-1620 - INITIAL REPORT ON THE FINANCIAL AUDIT CONDUCTED AT THE OFFICE OF THE CLERK OF COURT

  • A.M. No. MTJ-09-1729 - Noryn S. Tan v. Judge Maria Clarita casuga-Tabin etc.

  • A.M. No. P-06-2251 - Cecilia T. Faelnar v. Felicidad Dadivas Palabrica etc.

  • A.M. No. RTJ-08-2126 Formerly OCA I.P.I. No. 08-2896-RTJ - Atty. Ernesto A. Tabujara III v. Judge Fatima Gonzales-Asdala

  • G.R. No. 122846 - WHITE LIGHT CORPORATION, ET AL. v. CITY OF MANILA ETC.

  • G.R. No. 127965 - Francisco Salazar v. Reynaldo De Leon etc.

  • G.R. No. 142309 - JUAN DELA RAMA, ET AL. v. OSCAR PAPA AND AMEURFINA PAPA

  • G.R. No. 143573 - ADORACION ROSALES RUFLOE, ET AL. v. LEONARDA BURGOS, ET AL.

  • G.R. No. 146428 - HEIRS OF THE DECEASED CARMEN CRUZ-ZAMORA v. MULTIWOOD INTERNATIONAL, INC.

  • G.R. No. 149660 - MARANAW HOTELS AND RESORT CORP. v. CA, ET AL.

  • G.R. No. 150592 - Philippine Airlines, Inc. v. CA, et al.

  • G.R. No. 152923 - NORTHEASTERN COLLEGE TEACHERS AND EMPLOYEES ASSOCIATION, represented by LESLIE GUMARANG v. NORTHEASTERN COLLEGE, INC.

  • G.R. No. 153192 - DEALCO FARMS, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 155076 - LUIS MARCOS P. LAUREL v. HON. ZEUS C. ABROGAR ETC. ET AL.

  • G.R. NO. 158539 - INDUSTRIAL & TRANSPORT EQUIPMENT,INC.and/or RAYMOND JARINA, Petitioners, v. TOMAS TUGADE and CRESENCIO TUGADE, Respondents.

  • G.R. No. 159284 - HEIRS OF BERNARDO ULEP AND DOLORES ULEP ETC. v. SPOUSES CRSITOBAL DUCAT AND FLORA KIONG

  • G.R. No. 159740 - METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM v. ESM TRADING CORPORATION

  • G.R. No. 161237 - PERFECTO MACABABBAD, JR. v. FERNANDO G. MASIRAG, ET AL.

  • G.R. No. 161615 - ARNULFO O. ENDICO v. QUANTUM FOODS DISTRIBUTION CENTER

  • G.R. No. 163178 - HILARIO P. SORIANO v. OMBUDSMAN SIMEON V. MARCELO, ET AL.

  • G.R. No. 163586 - SHARON CASTRO v. HON. MERLIN DELORIA ETC., ET AL.

  • G.R. No. 164024 - LUIS B. MANESE, ET AL. v. SPOUSES DIOSCORO VELASCO AND GLICERIA SULIT, ET AL.

  • G.R. No. 164032 CONTENT="Philippine Jurisprudence - LOLITA A. LOPEZ, JOSECITO M. DE LA VEGA, MANUEL ANTIOQUIA ELMER G. HILAUS, LUCIA B. MONTEMAYOR, CAROLINA ESPIRITU, LEONARDO FORTE, HELEN NATIVIDAD, ROGER C. OBINSA, CARLOS C. ASILO, JR., RICARDO FROND

  • G.R. No. 164804 and G.R. NO. 164784 - VIRGINIA A. SUGUE, ET AL. v. TRIUMPH E. REVILLA, JR.

  • G.R. No. 164856 - JUANITO A. GARCIA, ET AL. v. PHILIPPINE AIRLINES, INC.

  • G.R. No. 165547

  • G.R. No. 165571 - PHILIPPINE NATIONAL BANK, ET AL. v. HON. COURT OF APPEALS, ET AL.

  • G.R. NO. 165924 : January 19, 2009 - RESTY JUMAQUIO, v. HON. JOSELITO C. VILLAROSA, in his capacity as Presiding Judge of San Jose City Regional Trial Court, Branch 39.

  • G.R. No. 166386 - DOMINGA RUIZ, ET AL. v. CRIRILA DELOS SANTOS

  • G.R. No. 166387 - COMMISSIONER OF INTERNAL REVENUE v. ENRON SUBIC POWERCORPORATION

  • G.R. NO. 167426 : January 12, 2009 - CHRIS GARMENTS CORPORATION, v. HON. PATRICIA A. STO. TOMAS and CHRIS GARMENTS WORKERS UNION-PTGWO LOCAL CHAPTER No. 832.

  • G.R. No. 167884 - ENRICO S. EULOGIO v. SPOUSES CLEMENTE AND LUZ APELES

  • G.R. No. 168139 - Ferdinand S. Agustin v. Sps. Mariano and Presentacion Delos Santos

  • G.R. No. 168437 - LAURINIO GOMA and NATALIO UMALE v. THE COURT OF APPEALS, PEOPLE OF THE PHILIPPINES, and SANGGUNIAN MEMBER MANUEL G. TORRALBA.

  • G.R. No. 169338 - NEW BIAN COMMERCIAL, INC. ETC. v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 169472 - Francisco Landicho, et al. v. Felix Sia

  • G.R. No. 169565 - THE COMMISSIONER OF INTERNAL REVENUE v. UNITED INTERNATIONAL PICTURES, AB

  • G.R. No. 169712 - MA. WENELITA S. TIRAZONA v. PHIL. EDS TECHNO-SERVICE, INC., ET AL.

  • G.R. No. 169956 - SPOUSES JONEL PADILLA and SARAH PADILLA v. ISAURO A. VELASCO, TEODORA A. VELASCO, DELIA A. VELASCO, VALERIANO A. VELASCO, JR., IDA A. VELASCO, AMELITA C. VELASCO, ERIBERTO C. VELASCO, JR., and CELIA C. VELASCO

  • G.R. No. 169970 - PROTACIO VICENTE, ET AL. v. DELIA SOLEDED AVERA, ET AL.

  • G.R. No. 170008 - DUTCH BOY PHILIPPINES, INC. v. RONALD SENIEL substituted by Ligaya Quimpo and CESARIO SENIEL substituted by Edelmira P. Seniel

  • G.R. No. 170147 - REPUBLIC OF THE PHILIPPINES REPRESENTED BY THE PHILIPPINES ECONOMIC ZONE AUTHORITY v. SPOUSES AGUSTIN AND IMELDA CANCIO

  • G.R. No. 170318 - JOSEPH REMENTIZO v. HEIRS OF PELAGIA VDA. DE MADARIETA

  • G.R. No. 170427 - ROBERTO R. DAVID v. JUDGE CARMELITA S. GUTIERREZ-FRUELDA, ETC. ET AL.

  • G.R. No. 170574 - PHILIPPINES BANKING CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 170609-13 - BERNIE G. MIAQUE v. HON. VIRGILIO M. PATAG, ET AL.

  • G.R. No. 170745 - GERARDA A. DIZON-ABILLA, ET AL. v. SPS. CARLOS AND THERESITA GOBONSENG

  • G.R. No. 170901 - DAVAO ORIENTAL ELECTRIC COOPERATIVE, INC. v. THE PROVINCE OF DAVAO ORIENTAL

  • G.R. No. 170923 - Sulo sa Nayon, Inc. and/or Philippine Village Hotel, Inc. et al. v. Nayong Filipino Foundation

  • G.R. No. 170984 - SECURITY BANK AND TRUST COMPANY v. RIZAL COMMERCIAL

  • G.R. No. 171470 - NATIONAL POWER CORPORATION v. CENTRAL BOARD OF ASSESSMENT APPEALS, ET AL.

  • G.R. No. 171531 - GUARANTEED HOMES, INC. v. HEIRS OF MARIA P. VALDEZ, ET AL.

  • G. R. No. 172326 - PEOPLE OF THE PHILIPPINES v. ALFREDO PASCUAL Y ILDEFONSO

  • G.R. No. 172670 - RBC Cable Master System and/or Evelyn Cinense v. Marcial Baluyot

  • G.R. No. 173226 - LAND BANK OF THE PHILIPPINES v. MANUEL O. GALLEGO, JR., ET AL.

  • G.R. No. 173227 - SEBASTIAN SIGA-AN v. ALICIA VILLLANUEVA

  • G.R. No. 174290/G.R. No. 176116 - ST. MARY OF THE WOODS SCHOOL, INC., ET AL. v. OFFICE OF THE REGISTRY OF DEEDS OF MAKATI CITY, ET AL.

  • G.R. No. 174372 - PEOPLE OF THE PHILIPPINES v. ELPIDIO ANTONIO

  • G.R. No. 174621 - LA UNION CEMENT WORKERS UNION, ET AL. v. NLRC & BACNOTAN CEMENT CORPORATION (NOW HOLCIM PHILIPPINES INC.)

  • G.R. No. 174975 - LUISA KHO MONTANER, ET AL. v. SHARI'A DISTRICT COURT, ETC. ET AL.

  • G.R. No. 175229 - People of the Philippines v. Grace Calimon, et al.

  • G.R. No. 175769-70 - ABS-CBN BROADCASTING CORPORATION v. PHILIPPINE MULTI-MEDIA SYSTEM, INC., CESAR G. REYES, FRANCIS CHUA (ANG BIAO), MANUEL F. ABELLADA, RAUL B. DE MESA, AND ALOYSIUS M. COLAYCO

  • G.R. No. 175836 - PEOPLE OF THE PHILIPPINES v. RUBEN CORPUZ Y SIMON

  • G.R. No. 176127 - RODOMEIL J. DOMINGO v. OFFICE OF THE OMBUDSMAN, KATHRYN JOY B. PAGUIO, ET AL.

  • G.R. No. 176151 - PEOPLE OF THE PHILIPPINES v. LOURDES ORTIZ DARISAN, ET AL.

  • G.R. No. 176768 - GOLDEN (ILOILO) DELTA SALES CORPORATION v. PRE-STRESS INTERNATIONAL CORPORATION, ZE ON SETIAS and JERRY JARDIOLIN

  • G.R. No. 177026 - LUNESA O. LANSANGAN, ET AL. v. AMKOR TECHNOLOGY PHILIS., INC.

  • G.R. No. 177607 - Land Bank fo the Philippines v. Pacita Multi-Purpose Cooperative, Inc. etc.

  • G.R. No. 177960 - JEFFREY RESO DAYAP v. PRETZY-LOU P. SENDIONG, ET AL.

  • G.R. No. 178104 - AUTO PROMINENCE CORPORATION, ET AL. v. PROF. DR. MARTIN WINTERKORN, ET AL.

  • G.R. No. 178242 - HEIRS OF NORBERTO J. QUISUMBING v. PHILIPPINE NATIONAL BANK, ET AL.

  • G.R. No. 178309 - AKLAN COLLEGE, INC. v. PERPETUO ENERO, ET AL.

  • G.R. No. 178524 - Panfilo Macasero v. Southern Industrial Gases Philippines and/or Neil LIndsay

  • G.R. No. 178645 - LINA PENALBER v. QUIRINO RAMOS, ET AL.

  • G.R. No. 178799 - FIRST UNITED CONSTRUCTORS CORPORATION v. PORO POINT MANAGEMENT CORPORATION, ET AL.

  • G.R. No. 179190 - PEOPLE OF THE PHILIPPINES v. ALBERTO L. MAHINAY

  • G.R. No. 179880 - ROBERTO TOTANES v. CHINA BANKING CORPORATION

  • G.R. No. 179892-93 - ATTY. VICTORIANO V. OROCIO v. EDMUND P. ANGULUAN, ET AL.

  • G.R. No. 180088 - MANUEL B. JAPZON v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 180853 - MANICAM M. BACSASAR v. CIVIL SERVICE COMMISSION

  • G.R. No. 181037 - PEOPLE OF THE PHILIPPINES v. SAIDAMEN MACATINGAG Y NAMRI ALIAS "SAI"

  • G.R. No. 181480 - JOSEFINA CADA v. TIME SAVER LAUNDRY/LESLIE PEREZ

  • G.R. No. 181642 - RUFINO S. CAMUTIN, ET AL. v. SPS. NORBERTO POTENTE AND PASCUALA POTENTE

  • G.R. No. 181790 - DEVELOPMENT BANK OF THE PHILIPPINES v. GREGORIO CAPULONG

  • G.R. No. 182088 - ROBERTO L. DIZON v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 182518 - PEOPLE OF THE PHILIPPINES v. MUHAMMAD ABDULAH ETC.

  • G.R. No. 182549 - PEOPLE OF THE PHILIPPINES v. SERGIO LAGARDE

  • G.R. No. 182570 - ROMEO N. VENTURA v. CA, ET AL.

  • G.R. No. 182750 - RODEL URBANO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 183373 - GILDA C. ULEP v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 183567 - PEOPLE OF THE PHILIPPINES v. AVELINO DELA PENA, JR.

  • G.R. No. 183703 - PEOPLE OF THE PHILIPPINES v. FERNANDO SAMENIANO

  •  





     
     

    G.R. No. 150592 - Philippine Airlines, Inc. v. CA, et al.

      G.R. No. 150592 - Philippine Airlines, Inc. v. CA, et al.

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. NO. 150592 : January 20, 2009]

    PHILIPPINE AIRLINES, INC., Petitioner, v. COURT OF APPEALS and SABINE KOSCHINGER,*Respondents.

    D E C I S I O N

    NACHURA, J.:

    Before this Court is a Petition for Certiorari1 under Rule 65 of the Revised Rules on Civil Procedure assailing the Resolution2 of the Court of Appeals (CA) dated September 4, 2001 in CA-G.R. CV No. 65778.

    Respondent Sabine Koschinger (Koschinger) filed a complaint3 for design infringement and damages against petitioner Philippine Airlines, Inc. (PAL) before the Regional Trial Court (RTC) of Makati City. Koschinger claimed PAL used table linens and placemats bearing designs substantially identical to her patented designs in its commercial flights without her consent or authority.

    The trial court rendered its Decision4 on July 15, 1998 in favor of Koschinger. PAL appealed the same to the CA.

    Meanwhile, on June 23, 1998, the Securities and Exchange Commission (SEC) gave due course to PAL's petition for the appointment of a rehabilitation receiver due to its being a distressed company, pursuant to Presidential Decree No. 902-A. On July 1, 1998, the SEC directed that "[i]n light of the Order of the Commission appointing an Interim Receiver all claims for payment against PAL are deemed suspended."5

    On August 3, 1998, PAL filed before the RTC a Motion for Suspension of Proceedings.6 However, when the RTC failed to act upon the motion, PAL filed before the CA a Reiteration of Motion to Suspend Proceedings7 on May 29, 2000.

    On September 4, 2001, the CA issued its assailed Resolution, which reads in part:

    [R]ecords show that as early as July 15, 1998, Regional Trial Court, Branch 137, Makati City, rendered its decision in said Civil Case No. 92-186, which is the subject of the instant appeal before this Court, and is now on the completion stage. As a matter of fact, appellant itself has filed its brief. This Court is awaiting for (sic) the appellee's brief. Hence, proceedings below could no longer be stopped because it had terminated.

    If it is the proceedings before this Court that appellant wanted to be suspended, the same could not be given due course, as the issue in the instant appeal is:

    "WHETHER OR NOT APPELLANT VIOLATED THE PROVISIONS OF THE PATENT LAW."

    x x x

    The appeal before this Court is not as yet a claim against PAL, it shall determine the issue whether or not there was violation of the Patent Law and the determination of the possible awards, thus, the motion is DENIED.

    Appellee is given a new period of thirty (30) days from receipt hereof within which to file her brief, otherwise, this case shall be submitted for decision without appellee's brief.

    SO ORDERED.8

    Aggrieved, PAL filed the instant Petition to nullify and set aside the said Resolution. PAL alleges that the CA acted with grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the disputed resolution, holding that the "proceedings below could no longer be stopped because it had been terminated" and ordering Koschinger to file her appellee's brief.

    The Petition is impressed with merit.

    Initially, we resolve the procedural issues raised by respondent.

    Respondent, in her Comment, argues that a Petition for Certiorari under Rule 65 is not the proper remedy because petitioner had already filed an appeal before the CA. Further, even assuming that the petition was proper, the same should not be granted because the CA did not commit grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the assailed Resolution.

    Respondent's arguments are incorrect. While it is true that petitioner's appeal before the CA questions the RTC's July 15, 1998 Decision, the present Petition for Certiorari only challenges the CA's September 4, 2001 Resolution. Said Resolution is not a final disposition of the case and, therefore, not appealable. Petitioner, therefore, had no "plain, speedy and adequate remedy in the ordinary course of law."9 Petitioner filed the present petition to stop the CA from hearing the appeal in violation of the SEC's stay order.

    Furthermore, we find that the CA indeed committed grave abuse of discretion for the reasons cited below.

    Of paramount importance to the resolution of this case is the effect of the order for suspension of payments on the proceedings before the trial court and on PAL's appeal before the CA.

    The CA ruled that, first, the proceedings before the trial court could no longer be suspended because these had been terminated and, second, that the appeal before it could not likewise be suspended because the issue before it was not yet a claim.

    The CA was partially correct in stating that the issue to be resolved before it was whether or not PAL violated the provisions of the Patent Law.10 However, it failed to consider the fact that the same also carried a prayer for damages. It also incorrectly ruled that the same is not a claim such that the proceedings shall be suspended in accordance with the SEC's directive.

    Under the Interim Rules of Procedure on Corporate Rehabilitation,11 a claim shall include all claims or demands of whatever nature or character against a debtor or its property, whether for money or otherwise.12

    The definition is all-encompassing as it refers to all actions whether for money or otherwise. There are no distinctions or exemptions.13

    Prior to the promulgation of the Interim Rules of Procedure on Corporate Rehabilitation, this Court construed claim as referring only to debts or demands pecuniary in nature:

    [T]he word "claim" as used in Sec. 6(c) of P.D. 902-A refers to debts or demands of a pecuniary nature. It means "the assertion of a right to have money paid. It is used in special proceedings like those before administrative court, on insolvency."

    The word "claim" is also defined as:

    Right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, unsecured.

    In conflicts of law, a receiver may be appointed in any state which has jurisdiction over the defendant who owes a claim.

    As used in statutes requiring the presentation of claims against a decedent's estate, "claim" is generally construed to mean debts or demands of a pecuniary nature which could have been enforced against the deceased in his lifetime and could have been reduced to simple money judgments; and among these are those founded upon contract.14

    In subsequent cases, the Court pronounced that "[it] is 'not prepared to depart from the well-established doctrines' essentially maintaining that all actions for claims against a corporation pending before any court, tribunal or board shall ipso jure be suspended in whatever stage such actions may be found upon the appointment by the SEC of a management committee or a rehabilitation receiver."15

    Further, this was taken to embrace all phases of the suit, be it before the trial court or any tribunal or before this Court16 such that "no other action may be taken in, including the rendition of judgment during the state of suspension - what are automatically stayed or suspended are the proceedings of an action or suit and not just the payment of claims during the execution stage after the case had become final and executory."17

    Moreover, a perusal of the Complaint filed before the RTC reveals that the same was for "Design Infringement and Damages with a Prayer for a Temporary Restraining Order and Writ of Preliminary Injunction"18 and prayed for actual damages amounting to P2 million, exemplary damages amounting to P250,000.00 and attorney's fees amounting to P250,000.00. Thus, whether under the Interim Rules of Procedure on Corporate Rehabilitation or under the Court's rulings prior to the promulgation of the Rules, the subject of the case would fall under the term claim, considering that it involves monetary consideration.

    The reason for the suspension of claims while the corporation undergoes rehabilitation proceedings has been explained by the Court, thus:

    In light of these powers, the reason for suspending actions for claims against the corporation should not be difficult to discover. It is not really to enable the management committee or the rehabilitation receiver to substitute the defendant in any pending action against it before any court, tribunal, board or body. Obviously, the real justification is to enable the management committee or rehabilitation receiver to effectively exercise its/his powers free from any judicial or extra-judicial interference that might unduly hinder or prevent the "rescue" of the debtor company. To allow such other action to continue would only add to the burden of the management committee or rehabilitation receiver, whose time, effort and resources would be wasted in defending claims against the corporation instead of being directed toward its restructuring and rehabilitation.19

    This underlying reason applies with equal force to the appeal before the CA. The continuation of the appeal proceedings would have unduly hindered the management committee's task of rehabilitating the ailing corporation, giving rise precisely to the situation that the stay order sought to avoid.

    It was likewise error for the CA to have ruled that the proceedings before the RTC could not be stopped because they had been terminated.

    This Court has repeatedly held that execution is the final stage of litigation,20 the fruit and end of the suit.21 Thus, the proceedings before the RTC were not terminated by the filing of the appeal to the CA. The same could not be executed - hence, not yet terminated - until the appeal is decided with finality. Consequently, the proceedings before the RTC could be suspended in accordance with the SEC's stay order.

    Under the Interim Rules of Procedure on Corporate Rehabilitation, a stay order defers all actions or claims against the corporation seeking rehabilitation from the date of its issuance until the dismissal of the petition or termination of the rehabilitation proceedings.22

    Accordingly, the CA committed grave abuse of discretion in denying petitioner's Motion to Suspend Proceedings and ordering respondent to file her appellee's brief. Upon petitioner's motion informing it of the SEC's stay order, the CA should have immediately suspended the appeal therein.

    Be that as it may, this Court notes that petitioner filed a Manifestation23 on October 17, 2007 informing this Court that the SEC has approved petitioner's exit from corporate rehabilitation through an Order24 dated September 28, 2007. Thus, there is now no bar to the continuation of the appeal proceedings before the CA.

    WHEREFORE, the foregoing premises considered, the petition is GRANTED. The Court of Appeals is ORDERED to forthwith resolve CA-G.R. CV No. 65778 with dispatch.

    SO ORDERED.

    Endnotes:


    * Spelled as "Koshinger" in some parts of the records.

    ** Additional member in lieu of Associate Justice Diosdado M. Peralta per Special Order No. 560 dated January 19, 2009.

    1 Rollo, pp. 3-17.

    2 Penned by Associate Justice Eugenio S. Labitoria, with Associate Justices Eloy R. Bello, Jr. and Perlita J. Tria Tirona, concurring, id. at 18-19.

    3 Civil Case No. 92-186, Sabine Koschinger v. Philippine Airlines, Inc., rollo, pp. 20-28.

    4 Penned by Judge Santiago Javier Ranada (now a retired Associate Justice of the Court of Appeals), rollo, pp. 66-70.

    5 Id. at 91.

    6 Id. at 54-56.

    7 CA rollo, pp. 26-29.

    8 Rollo, pp. 18-19.

    9 Rule 65, Sec. 1.

    10 Rollo, p. 18.

    11 A.M. No. 00-8-10-SC, December 15, 2000.

    12 Id., Rule 2, Sec. 1.

    13 Spouses Sobrejuanite v. ASB Development Corporation, G.R. No. 165675, September 30, 2005, 471 SCRA 763, 772; see also Philippine Airlines, Inc. v. Zamora, G.R. No. 166996, February 6, 2007, 514 SCRA 584.

    14 Id. at 771-772, citing Finasia Investments and Finance Corporation v. Court of Appeals, G.R. No. 107002, October 7, 1994, 237 SCRA 446, 450; see also Arranza v. B.F. Homes, Inc, 389 Phil. 318 (2000).

    15 Philippine Airlines, Inc. v. Zamora, supra note 13, at 604-605, citing Philippine Airlines, Inc. v. Court of Appeals, Second Division Resolution, G.R. No. 123238, July 11, 2005. (Emphasis theirs.)

    16 Id. at 605.

    17 Id.

    18 Records, p. 1.

    19 Philippine Airlines, Inc. v. Philippine Airlines Employees Association, G.R. No. 142399, June 19, 2007, 525 SCRA 28, 38, citing BF Homes, Incorporated v. Court of Appeals, 190 SCRA 262, 269 (1990).

    20 Mt. Carmel College v. Resuela, G.R. No. 173076, October 10, 2007, 535 SCRA 518, 542.

    21 Florentino v. Rivera, G.R. No. 167968, January 23, 2006, 479 SCRA 522, 532; Ramnani, v. Court of Appeals, 413 Phil. 194, 199 (2001); Republic v. National Labor Relations Commission, 331 Phil. 608, 610 (1996).

    22 Banco de Oro v. JAPRL Development Corporation, G.R. No. 179901, April 14, 2008, citing Philippine Airlines v. Kurangking, 438 Phil. 375, 381 (2002).

    23 Rollo, pp. 148-149.

    24 Id. at 150-155.

    G.R. No. 150592 - Philippine Airlines, Inc. v. CA, et al.


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