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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
 

   
June-2009 Jurisprudence                 

  • A.C. No. 5688 - Felipe E. Abella v. Atty. Asteria E. Cruzabra

  • A.C. No. 6674 - Robert Bernhard Buehs v. Atty. Inocencio T. Bacatan

  • A.C. No. 7036 - Judge Lily Lydia A. Laquindanum v. Atty. Nestor Q. Quintana

  • A.C. No. 8010 - KeldStemmerik, represented by Attys. Herminio. Liwanag and Winston P.L. Esguerra v. Atty. Leonuel N. Mas

  • A.M. No. MTJ-05-1588 Formerly No. 04-9-511-RTC - Judge Divina Luz P. Aquino-Simbulan v. Presiding Judge Nicasio Bartolome, et al.

  • A.M. No. MTJ-06-1659, A.M. NO. P-06-2254 and A.M. NO. MTJ-09-1730 - Anna Jane D. Lihaylihay, etc. v. Judge Alejandro Canda etc. / Judge Alejandro Canda, etc., v. Anna Jane D. Lihaylihay

  • A.M. No. P-04-1830 Formerly A.M. No. 04-6-151-MCTC - Office of the Court Administrator v. Sylvia Canque etc.

  • A.M. No. P-07-2400 Formerly OCA IPI No. 07-2589-P - Judge Isidra A. Arganosa-Maniego v. Rogelio T. Salinas etc.

  • A.M. No. P-08-2434 - Lyn L. Llamasares, etc. v. Mario M. Pablico, etc.

  • A.M. No. P-08-2450 Formerly OCA IPI No. 00-27-CA-P - Aurora B. Go v. Margarito A. Costela, Jr., etc.

  • A.M. No. P-08-2579 - Odaline B. Narag v. Maritess R. Manio, Court Interpreter III, RTC of Tuguegarao City, Branc 4

  • A.M. No. RTJ-06-1984 Formerly OCA IPI No. 05-2255-RTJ - Valeriano F. Nu es v. Judge Francisco B. Ibay, etc.

  • A.M. No. RTJ-06-1991 - Office of the Court Administrator v. Hon. Tibing A. Asaali

  • A.M. No. RTJ-07-2063 Formerly OCA I.P.I. No. 07-2588-RTJ, A.M. NO. RTJ-07-2064 : June 26, 2009 Formerly OCA I.P.I. No. 07-2608-RTJ and A.M. NO. RTJ-07-2066 : June 26, 2009 Formerly OCA I.P.I. No. 07-2628-RTJ - Republic of the Philippines v. Judge Ramon S

  • G.R. No. 147097 - Carmelo Lazatin, et al. v. Hon. Aniano A. Disierto, et al.

  • G.R. No. 147925-26 - Elpidio S. Uy, etc. v. Public Estates Authority and the Honorable Court of Appeals

  • G.R. No. 149273 - Beinvenido C. Gilles v. Court of Appeals, Schema Konsult and Edgardo Abores

  • G.R. No. 150677 - Renato Reyes So v. Lorna Valera

  • G.R. No. 152889 - Enrique V. Viudez v. Hon Basilio R. Gabo, Jr. etc., et al.

  • G.R. No. 152928 - Metropilitan Bank and Trust Company v. National Labor Relations Commission, Felipe A. Patag and Bienvenido C. Flora

  • G.R. No. 154717 - Bonifacio M. Mejillano v. Enrique Lucillo, et al.

  • G.R. No. 155502 - Sarabia Optical and Vivian Sarabia-Orn v. Jeanet B. Camacho

  • G.R. No. 155504 - Professional Video, Inc. v. Technical Education and Skills Development Authority

  • G.R. No. 156009 - Rommel C. Briones v. People of the Philippines

  • G.R. No. 157384 - Erlinda I. Bildner and Maximo K. Illusorio v. Erlinda K. Illusorio, Ramon K. Illusorio, Marrietta K. Illusorio, Sheree K. Illusorio, Cecilia A. Bisu a, and Atty. Manuel R. Singson

  • G.R. No. 154211-12, G.R. NO. 158252, G.R. NO. 166200, G.R. NO. 168272, G.R. NO. 170683 and G.R. NO. 173392 - Spouses Ernesto F. Curata, et al. v. Philippine Ports Authority, Philippine Ports Authority v. Remedios Rosales-Bondoc, et al., Philippine Ports A

  • G.R. No. 157714 - Municipality of Pateros Vs.The Honorable Court of Appeals, et al.

  • G.R. No. 158093 - Alberto Imperial v. Hon. Court of Appeals and the Republic of the Philippines

  • G.R. No. 158703 - Technological Institute of the Philippines Teachers and Employees Organization and its member Magdalena T. Salon v. the Honorable Court of Appeals, et al.

  • G.R. No. 158820-21 - Stronghold Insurance, Company, Inc. v. Tokyu Construction Company, Ltd.

  • G.R. No. 158877 - Joven De Grano, etc., v. Gregorio Lacaba

  • G.R. No. 159186 - Jesse Y Yap v. Hon. Monico G. Cabales, et al.

  • G.R. No. 159517-18 - Hilario P. Soriano and Rosalinda Ilagan v. People of the Philippines, Bangko Sentral ng Pilipinas, adn Philippine Deposit Insurance Corporation

  • G.R. No. 159755 - Grace Gosiengfiao Guillen, etc. v. The Court of Appeals, et al.

  • G.R. No. 160080 - National Power Corporation v. Carlos Villamor

  • G.R. No. 161027 - Francisco G. Calma v. Arsenio Santos, et al.

  • G.R. No. 161034 - Zenaida Acosta, et al. v. Trinidad Salazar, et al.

  • G.R. No. 161366 - Sycip, Gorres, Velayo, & Company v. Carol De Raedt

  • G.R. No. 161407 - Joaquin Villegas, et al. v. Rural Bank of Tanay, Inc.

  • G.R. No. 161533 - Filomena Soneja v. Honorable Court of Appeals and Ramon Saura, Jr.

  • G.R. No. 161794 - Nestor J. Balladares, etal., v. Peak VenturesCorporation, et al.

  • G.R. No. 162103 - Marylou B. Tolentino, M.D. v. Shenton Realty Corp.

  • G.R. No. 162286 - Glen Pascual Y Malumbay, et al. v. People of the Philippines

  • G.R. No. 162374 - Rodolfo B. Arce o v. Government Serivec Insurance System

  • G.R. No. 162538 - Nissan North Edsa Balintawak, Quezon City v. Angelito Serrano, Jr. and Edwin Tagulao

  • G.R. No. 163244 - Spouses Jose T. Valenzuela & Gloria Valenzuela v. Kalayaan Development and Industrial Corporation

  • G.R. No. 163868 - Romualdo Pagsibigan v. People of the Philippines and Eleazar Cabasal

  • G.R. No. 163924 - ''J'' Marketing Corporation, represented by its Branch Manager Elmundo Dador

  • G.R. No. 164423 - Triumph International (PHILS.), Inc., v. Ramon L. Apostol, et al.

  • G.R. No. 164584 - Philip Mattews v. Benjamin A. Taylor and Joselyn C. Taylor

  • G.R. No. 164631 - Land Bank of the Philippines v. Rene Ralla Belista

  • G.R. No. 164648 - Eric L. Lee v. Hon. Henry J. Trocino, et al.

  • G.R. No. 165407 - Herminigildo Inguillom, et al. v. First Philippine Scales, Inc., et al.

  • G.R. No. 165411 - Wilma Tabaniag v. People of the Philippines

  • G.R. No. 165424 - Lester Benjamin S. Halili v. Chona M. Santos-Halili and the Republic of the Philippines

  • G.R. No. 165742 - Tri-Corp Land & Development, Inc. represented by Solita S. Jimenez-Paulino v. Court of Appeals and Greystone Corporation

  • G.R. No. 165756 - Hotel Enterprises of the Philippines, Inc., etc. v. Samahan ng mga Manggagawa sa Hyatt-National Union of Workers in the Hotel Restaurant, etc.

  • G.R. No. 165781 - Raul S. Tello v. People of the Philippines

  • G.R. No. 165895 - Terlyngrace Rivera v. Florencio L. Vargas

  • G.R. No. 166036 - Nena A. Cari o v. Estrella M. Espinosa, represented by her atty-in-fact Manuel P. Mejia, Jr.

  • G.R. No. 166393 - Cristina F. Reillo, et al. v. Galicano E. San Jose etc., et al.

  • G.R. No. 166498 - Hon. Secretary of Finance, et al. v. La Suerte Cigar and Cigarette Factory, et al.

  • G.R. No. 166518 - National Housing Authority v. Heirs of Isidro Guivelorido, et al.

  • G.R. No. 167017 - Serafin Cheng v. Spouses Vittorio and Ma. Helen Donini

  • G.R. No. 167420 - Allied Banking Corporation v. Ruperto Jose H. Mateo, represented by Warlito Mateo, as Attorney-in-fact

  • G.R. No. 167710 - People of the Philippines v. joven De Grano, et al.

  • G.R. No. 168039 - Office of the Ombudsman v. Fernando J. Beltran

  • G.R. No. 168184 - Republic of the Philippines v. Ruby Lee Tsai

  • G.R. No. 168215 - LBC Express Metro Manila, Inc. and Lorenzo A. Ni o v. James Mateo

  • G.R. No. 168332 and G.R. NO. 169053 - Teodoro O. Arcenas, Jr., et al. v. Hon. Sixto Marella, Jr., Presiding Judge Branch 138, RTC, Makati City and Ana Maria Koruga

  • G.R. No. 168660 - Hilarion, Jr. and Enrico Orendain, represented by Fe Orendain v. Trusteeship of the Estate of Do a Margarita Rodriquez

  • G.R. No. 168693 - The People of the Philippines v. Jessie Mariano y Isla

  • G.R. No. 168848 and G.R. NO. 169019 - Heirs of the late Jose Luzuriaga, etc., v. Republic of the Philippines thru the Office of the Solicitor General/Heirs of the late Jose Luzuriaga, etc., v. Republic of the Philippines thru the Office of the Solicitor G

  • G.R. No. 168859 and G.R. NO. 168897 - United Coconut Planters Bank, et al. v. E. Ganzon, Inc./E. Ganzon, Inc. v. united Coconut Planters Bank, et al.

  • G.R. No. 168863 - Hi-Yield Realty, Incorporated v. Hon. Court of Appeals, et al.

  • G.R. No. 169173 - M+W Zander Philippines, Inc. and Rolf Wiltschek v. Trinidad M. Enriquez

  • G.R. No. 169276 - Dionosia Monis Lagunilla, et al., v. Andrea Monis Velasco, et al.

  • G.R. No. 169589 - Joaquin Soliman, et al., v. Pampanga Sugar Development Company (PASUDECO), Inc., and Gerry Rodriguez

  • G.R. No. 170126 - Philippines Veterans Bank v. Solid Homes, Inc.

  • G.R. No. 170182 - Leonardo Tarona, et al. v. Court of Appeals, et al.

  • G.R. No. 170222 - Edgar Esqueda v. People of the Philippines

  • G.R. No. 170312 - Philippine Basketball Association v. Honorable Manuel B. Gaite, in his capacity as Deputy Secretary for Legal Affairs of the Office of the President, et al.

  • G.R. No. 170447 - Bienvenido Di o, et al. v. Pablo Olivarez

  • G.R. No. 170782 - Siain Enterprises, Inc. v. Cupertino Realty Corp. and Edwin R. Catacutan

  • G.R. No. 171137 - Philippine Commericial International Bank v. Sps. Wilson Dy Hong Pi and Lolita Dy and Sps Primo Chuyaco, Jr. and Chuyaco

  • G.R. No. 171188 - People of the Philippines v. Jessie B. Castillo and Felicito R. Mejia

  • G.R. No. 171453 - People of the Philippines v. Manuel Delpino

  • G.R. No. 171535 - Mactan-Ceby International Airport Authority v. Sps. Edito and Merian Tirol and Sps. Alejandro and Mirando Ngo

  • G.R. No. 171762 - Lynn Maagad and Director of Lands v. Juanito Maagad

  • G.R. No. 171763 - Maria Luisa Park Association, Inc., v. Samantha Marie T. Almendras and Pia Angela T. Almendras

  • G.R. No. 172045 - Commissioner of Internal Revenue v. First Express Pawnshop Company, Inc.

  • G.R. No. 172198 - Ma. Lourdes C. De Castro v. Crispino De Castro, Jr., Office of the City Prosecutor for Manila, and the Office of the Solicitor General

  • G.R. No. 172367 - Felicidad Dadizon, et al. v. Socorro Bernadas, et al.

  • G.R. No. 172400 - Zosimo Octavio and Jesus Albona (substituted by his wife, Violeta Albona) v. Enrico R. Perovano

  • G.R. No. 172547 - Precy Bunyi and Mila Bunyi v. Fe S. Factor

  • G.R. No. 172785-86 - Cruzvale, Inc. v. Jose Armando L. Eduque, et al.

  • G.R. No. 172925 - Government Service Insurance System v. Jaime K. Ibarra

  • G.R. No. 172931 - Republic of the Philippines v. RTC Br. 18, Roxas City, Capiz, et al.

  • G.R. No. 174141 - Pentagon Steel Corporation v. Court of Appeals, et al.

  • G.R. No. 174286 - Traders Royal Bank v. Cuison Lumber Co., Inc., Josefa Jerodias Vda. Cuison

  • G.R. No. 174316 - Teodoro S. Miranda, Jr. v. Asian Terminals, Inc. and Court of Appeals

  • G.R. No. 174862 - People of the Philippines v. Yvonne Sevilla y Caballero

  • G.R. No. 175375 - Conrado O. Lasquite and Teodora I. Andrade v. Victory Hills, Inc.

  • G.R. No. 175788 - Enriquita Angat and the Legal Heirs of Federico Angat v. Republic of the Philippines

  • G.R. No. 176015 - Mercedita T. Guasch v. Arnaldo Dela Cruz

  • G.R. No. 176135 - Carlos Irwin G. Baldo v. Commission on Elections. et al.

  • G.R. No. 176157 Formerly G.R. No. 155937 - People of the Philippines v. Elpidio Impas y Polbera

  • G.R. No. 176380 - Pilipinas Shell Petroleum Corporation v. Commissioner of Customs

  • G.R. No. 176530 - Sps. Constante Agbulos and Zanaida Padilla Agbulos v. Nicasio Gutierrez, Josefa Gutierrez and Elena G. Garcia

  • G.R. No. 176744 - People of the Philippines v. Adelado Anguac y Ragadao

  • G.R. No. 177011 - Joseph Peter Sison, et al. v. Rogelio Tablang

  • G.R. No. 177148 - PEOPLE OF THE PHILIPPINES v. RAUL NU ES Y REVILLEZA

  • G.R. No. 177164 - People of the Philippines v. Ramon Frodonzo y Dalida

  • G.R. No. 177179 - V C. Cadangen, et al. v. The Commission on Elections

  • G.R. No. 177404 and G.R. NO. 178097 - Land Bank of the Philippines v. Kumassie Plantation Company Incorporated / Kumassie Plantation Company Incorporated v. Land Bank of the Philippines and the Secretary of the Department of Agrarian Reform

  • G.R. No. 177549 - Anthony S. Yu, et al., v. Joseph S. Yukayguan, et al.

  • G.R. No. 177795 - Leah M. Nazareno, et al. v. City of Dumaguete, represented by City Mayor Agustin Percides, et al.

  • G.R. No. 178337 - Carment R. Ritualo v. People of the Philippines

  • G.R. No. 178461 - California Manufacturing Company, Inc. v. The City of Las Pi as, et al.

  • G.R. No. 178520 - AMA Computer College-East Rizal, et al. v. Allan Raymond R. Ignacio

  • G.R. No. 178624 - Jose Concepcion, Jr. v. Commission on Elections

  • G.R. No. 179090 - Leonilo Sanchez Alias Nilo v. People of the Philippines and Court of Appeals

  • G.R. No. 179452 - Civil Service Commission, Anicia De Lima, in her capacity as Regional Director of CSC-NCR v. Larry M. Alfonso

  • G.R. No. 179700 - People of the Philippines v. Gwyn Quinicot y Curativo

  • G.R. No. 179943 - People of the Philippines v. Marlon Albert De Leon y Homo

  • G.R. No. 180048 - Roseller De Guzman v. Commission on Elections, et al.

  • G.R. No. 180067 - Republic of the Philippines v. Iglesia ni Cristo, Trustee and Applicant, with its Executive Minister Era o Manalo as Corporate Sole

  • G.R. No. 180197 - Francisco N. Villanueva v. Virgilio P. Balaquer, et al.

  • G.R. No. 180755 - Pedriatica, Inc. v. Joselito T. Rafaeles

  • G.R. No. 180817 - Multi-Trans Agency Phils., Inc. v. Oriental Assurance Corporation

  • G.R. No. 180941 - Chairman Percival C. Chavez, Chair and Chief Executive Officer, Presidential Commission for the Urban Poor v. Lourdes R. Ronidel and Honorable Court of Appeals 9th Division

  • G.R. No. 181084 - People of the Philippines v. Bartolome Tampus and Ida Monresclaros

  • G.R. No. 181132 - Heirs of Loreto C. Maramag, etc. v. Eva Verna De Guzman Maramag, et al.

  • G.R. No. 181675 - Spouses Eduardo Tnakiang and Mayda Tankiang v. Metropolitan and Trust Company, Inc.

  • G.R. No. 181688 - Daikoku Electronics Phils., Inc. v. Alberto J. Raza

  • G.R. No. 183211 - Philippine National Bank v. Gotesco Tyan Ming Development, Inc.

  • G.R. No. 183753 - Archinet International, Inc., et al. v. Becco Philippines, Inc., et al.

  • G.R. No. 184081 - Global Holiday Ownership Corporation v. Metropolitan Bank & Trust Company

  • G.R. No. 184704 - People of the Philippines v. Leodegario Bascuguin y Agquiz

  • G.R. No. 184756 - People of the Philippines v. Joven Jumawid

  • G.R. No. 184804 - People of the Philippines v. Rashamia Hernandez y Santos and Grace Katipunan y Cruz

  • G.R. No. 184861 - Dreamwork Construction, Inc. v. Cleofe S. Janiola and Hon. Arthur A. Famini

  • G.R. No. 184915 - Nilo T. Pates v. Commission on Elections and Emelita B. Almirante

  • G.R. No. 185140 - Jerry B. Aguilar v. The Commission on Elections and Romulo R. Insoy

  • G.R. No. 185164 - People of the Philippines v. Frederick Richie Teodoro y Dela Cruz

  • G.R. No. 185284 - People of the Philippines v. Jason Sy

  • G.R. No. 185380 - People of the Philippines v. Rogelio Marcos

  • G.R. No. 185724 - People of the Philippines v. Jessie Malate y Canete

  • G.R. No. 185860 - Antonio and Rodolfo Duran v. People of the Philippines

  • G.R. No. 187883 and G.R. NO. 187910 - Atty. Oliver O. Lozano and Atty. Evangeline J. Lozano-Endriano v. Speaker Prospero C. Nograles, Representative, Majority, House of Representatives - Louis "Barok" C. Biraogo v. Speaker Prospero C. Nograles, Representa

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    G.R. No. 165742 - Tri-Corp Land & Development, Inc. represented by Solita S. Jimenez-Paulino v. Court of Appeals and Greystone Corporation

      G.R. No. 165742 - Tri-Corp Land & Development, Inc. represented by Solita S. Jimenez-Paulino v. Court of Appeals and Greystone Corporation

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. NO. 165742 : June 30, 2009]

    TRI-CORP LAND & DEVELOPMENT, INC., represented by SOLITA S. JIMENEZ-PAULINO, Petitioner, v. COURT OF APPEALS and GREYSTONE CORPORATION, Respondents.

    D E C I S I O N

    QUISUMBING, J.:

    This petition for certiorari under Rule 65 of the Rules of Court assails the Decision1 dated June 9, 2004 and Resolution2 dated September 21, 2004 of the Court of Appeals in CA-G.R. CV No. 71285. The Court of Appeals affirmed the Orders dated November 15, 20003 and June 11, 20014 of the Regional Trial Court (RTC) of Makati City, Branch 139 in LRC Case No. M-4086 dismissing the complaint filed by petitioner Tri-Corp Land and Development, Inc. (Tri-Corp) against respondent Greystone Corporation (Greystone) for lack of jurisdiction.

    The facts, culled from the records, are as follows:

    On February 12, 1998, Greystone executed in favor of Tri-Corp a Contract to Sell5 whereby Tri-Corp agreed to pay the purchase price, exclusive of interest, in the amount of P13,500,000 and payable in installments, of a unit of Casa Madeira, a residential condominium project located at Fatima Street, San Miguel Village, Makati City. Said unit, covered by Condominium Certificate of Title (CCT) No. 512326 was to be used as a family residence of Tri-Corp's officers and stockholders. However, when Tri-Corp applied for membership with the San Miguel Village Homeowner's Association (SMVHA), it was denied and not given gate passes for its vehicles. The reason cited by SMVHA for Tri-Corp's denial of application was that the construction of the Casa Madeira condominium project was in violation of village restrictions annotated as Entry No. 319767 and inscribed on October 9, 1961 at the back of Transfer Certificates of Title Nos. 2058278 and 2058289 covering the lots on which the condominium project was constructed. SMVHA filed a case against Greystone for this violation and prayed for the cancellation of the CCTs of the Casa Madeira condominium project before the Housing and Land Use Regulatory Board (HLURB). The case was docketed as HLURB Case No. REM-10045. Upon learning of the pending case, Tri-Corp filed a Complaint-in-Intervention10 in said case for suspension of payments until the issue of violation of the village restriction and validity of the CCT to the condominium unit sold shall have been resolved. Tri-Corp, likewise, filed a petition11 dated September 28, 2000, against Greystone before the HLURB for Suspension and Cancellation of Certificate of Registration and License to Sell of Greystone.

    Greystone, in turn, filed an ejectment suit against Tri-Corp before the Metropolitan Trial Court of Makati City, for failure to pay under the Contract to Sell. The complaintwas docketed as Civil Case No. 63308. Tri-Corp was ejected by the Sheriff in the said case for its refusal to pay the supersedeas bond. Civil Case No. 63308 is still pending on appeal.12

    Tri-Corp also filed before the RTC of Makati City, sitting as a Land Registration Court, a Petition for Correction of Error /Misrepresentation in the Master Deed entered as Memorandum on TCTs Nos. 205827 and 205828 with prayer for Temporary Restraining Order and Injunction.13 The case was docketed as LRC Case No. M-4086. Tri-Corp alleged in its petition that Greystone used different descriptions of the condominium project in order to circumvent existing laws, rules and regulations on registration of real estate projects, to wit:

    [1] Thus, to obtain approval of the San Miguel Village Association Construction and Permits Committee, it styled its project as a "2-Unit Duplex Residence, to conform with association rules.

    [2] To obtain approval of Barangay Poblacion, Makati City, and the issuance of Certificate of Registration and Clearance No. 2758 on the same project, it dubbed the same project as a "3-storey townhouse", to suit barangay guidelines.

    [3] To obtain from the City of Makati Building Permit No. C1096-01259, it called the same project a "4-unit Residential Bldg." "Two-storey duplex", to comply with zoning ordinances.

    [4] To obtain from the HLURB the Preliminary Approval of Condominium Plan, it described Casa Madeira as a "Condominium Project", for the purpose of complying with PD 957 and its implementing rules.

    [5] To obtain from the HLURB the Final Approval, it called the project a Condominium Plan/Subdivision Townhouse, for the same purpose.

    [6] To obtain from the HLURB a development permit, it called the project a condominium for the same purpose.

    [7] To obtain from the HLURB a Certificate of Locational Viability for the same project, it was designated as a "2 Storey with Attic Residential Condominium", for the same purpose.

    [8] To obtain from the Department of Environment and Natural Resources, National Capital Region an Environmental Compliance Certificate (ECC) it designated the project as "four units, two storey with attic townhouse project", to comply with the requirement of law.

    [9] To obtain from the HLURB Certificate of Registration No. 97-09-3003, it called Casa Madeira a condominium project, for the purpose of complying with PD 957 and its implementing rules.

    [10] These misrepresentations misled the petitioner as buyer and also mis[led] the buying public as to the real nature of [the] project.14 [Emphasis supplied.]

    During the hearing on Tri-Corp's application for a Writ of Preliminary Injunction on September 28, 2000, Greystone raised the issue of jurisdiction. Greystone contended in its Memorandum15 that the RTC had no jurisdiction to try and decide the case because it involves an unsound real estate practice within the jurisdiction of the HLURB, Tri-Corp is not a party in interest, and same issues had been raised by Tri-Corp in the HLURB.

    In an Orderdated November 15, 2000, the RTC dismissed the case for lack of jurisdiction. The dispositive portion of the order states:

    IN VIEW OF THE FOREGOING PREMISES, based on law and jurisprudence, the COURT hereby ORDERS that:

    (a) The prayer for Temporary Restraining Order and/or Writ of Preliminary Injunction is hereby DENIED for lack of merit.

    (b) The Complaint dated 19 September 1990 (sic) is hereby DISMISSED, the same being within the exclusive jurisdiction of [the] HLURB pursuant to PD[s] 987 and 1344.

    SO ORDERED.16

    Tri-Corp filed a motion for reconsideration but it was denied by the RTC in an Order dated June 11, 2001.

    Tri-Corp appealed to the Court of Appeals. In a Decision promulgated on June 9, 2004, the Court of Appeals affirmed the orders of the RTC. The dispositive portion of the decision states:

    UPON THE VIEW WE TAKE OF THIS CASE, THUS, the appealed orders dated November 15, 2000 and June 11, 2001 must be, as they hereby, are AFFIRMED. Without costs in this instance.

    SO ORDERED.17

    Tri-Corp filed a motion for reconsideration but it was denied by the Court of Appeals in a Resolutionpromulgated on September 21, 2004 for being filed out of time and for being without merit.

    Alleging that the Court of Appeals committed grave abuse of discretion in affirming the orders of the RTC, Tri-Corp filed this original action for certiorari under Rule 65.

    Tri-Corp alleges that:

    I.

    THE APPELLATE COURT COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT DECLARED THE MOTION FOR RECONSIDERATION AS HAVING BEEN FILED OUT OF TIME DESPITE PROOFS OF TRAVEL.

    II.

    THE APPELLATE COURT COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF OR EXCESS OF JURISDICTION IN DECLARING THAT HEREIN PETITIONER IS NOT A PARTY IN INTEREST.

    III.

    THE APPELLATE COURT COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF OR EXCESS OF JURISDICTION WHEN IT RESOLVED THE INSTANT CASE IN FAVOR OF RESPONDENT GREYSTONE WITHOUT DUE REGARD TO THE PROTECTIVE MANTLE ENSHRINED UNDER PD 957 TOWARDS BUYERS OF CONDOMINIUM UNITS.18

    In sum, the issue is, did the Court of Appeals act with grave abuse of discretion in denying Tri-Corp's motion for reconsideration for being filed out of time, in declaring Tri-Corp as not a party in interest, and in affirming the RTC's Order dismissing the case for lack of jurisdiction?cralawred

    In its Memorandum,19 Tri-Corp asserts that it disagrees with the findings of the appellate court that its motion for reconsideration was filed out of time since it would be absurd to consider receipt by its mailbox as receipt by Tri-Corp when its representative, Solita S. Jimenez-Paulino, was not physically present in the Philippines.20 Tri-Corp further argues thatthe conclusion that Tri-Corp is not a party in interest is also absurd since Tri-Corp stands to lose an enormous amount at the instance of Greystone who stands to gain without giving anything of value.21 Tri-Corp also argues that the Court of Appeals overlooked the fact that the case is one for cancellation of inscriptions and cancellation of the CCT, which is within the ambit of the Register of Deeds to perform, and the case is not a simple buyer-seller of condominium relationship but one which seeks the alteration of annotations and cancellation of titles with the jurisdiction of the RTC sitting as a Land Registration Court.22

    On the other hand, Greystone, in its Memorandum,23 argues that it is clear that since Tri-Corp's mailbox, MBE Center, received a copy of the decision of the Court of Appeals on June 16, 2004, it had until July 1, 2004 within which to file a motion for reconsideration. Its motion for reconsideration, which was filed only on July 13, 200424 was clearly filed out of time.

    As defined, grave abuse of discretion means such capricious and whimsical exercise of judgment as is equivalent to lack or excess of jurisdiction or, where the power is exercised in an arbitrary manner by reason of passion, prejudice, or personal hostility, and it must be so patent or gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.25

    After review, we find that the Court of Appeals did not act with grave abuse of discretion because of the following reasons:

    First, the petitioner in this case is Tri-Corp and not Solita Jimenez-Paulino. The reckoning time therefore to count the period to file Tri-Corp's motion for reconsideration was the date the decision was received by Tri-Corp's mailbox and not the date when it was received by its representative, Solita S. Jimenez-Paulino.ςηαñrοblεš νιr υαl lαω lιbrαrÿ

    Second, the Court of Appeals, in ruling that Tri-Corp is not a party in interest, pointed out in its decision that the contract to sell entered into by both parties contains a stipulation that in case of default or non-payment of the stipulated amortizations and the rentals, Greystone has the option to rescind the contract and forfeit all amounts paid as liquidated damages. Greystone rescinded the contract.26 As the contract to sell has been rescinded, there is legal basis to hold that Tri-Corp is no longer a party in interest.

    Third, the Court of Appeals decision affirming the trial court's Orders dismissing Tri-Corp's petition on the ground that it does not have jurisdiction over the case, has legal basis.

    Section 1 of Presidential Decree No. 134427 entitled "Empowering the National Housing Authority to Issue Writ of Execution in the Enforcement of its Decisions under Presidential Decree No. 957" provides:

    SECTION 1. In the exercise of its functions to regulate the real estate trade and business and in addition to its powers provided for in Presidential Decree No. 957, the National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature:

    A. Unsound real estate business practices;

    B. Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, dealer, broker or salesman; andcralawlibrary

    C. Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, or salesman. [Emphasis supplied.]

    In this case, Tri-Corp's chief quest is the cancellation of Entry No. 31976 from TCTs Nos. 205827 and 205828, and the cancellation of the CCT of the unit sold to it, and it alludes to Greystone's use of different descriptions of the condominium project in order to circumvent existing laws, rules and regulations on registration of real estate projects in its petition. Under these circumstances, Tri-Corp is alluding to steps allegedly taken by Greystone in consummating an alleged unsound real estate business practice. The HLURB has the technical expertise to resolve this technical issue. Jurisdiction therefore properly pertains to the HLURB.

    In view of the foregoing, it cannot be said that the Court of Appeals, in affirming the RTC Orders dismissing the case for lack of jurisdiction, acted with grave abuse of discretion that would warrant the filing of a petition for certiorari under Rule 65 against it.

    WHEREFORE, the instant petition is DISMISSED for lack of merit. Costs against petitioner.

    SO ORDERED.

    Endnotes:


    * Designated member of the Second Division per Special Order No. 645.

    ** Designated member of the Second Division per Special Order No. 658.

    *** Designated member of the Second Division per Special Order No. 635.

    1 Rollo, pp. 47-60. Penned by Associate Justice Renato C. Dacudao, with Associate Justices Edgardo F. Sundiam and Japar B. Dimaampao concurring.

    2 Id. at 62-64.

    3 Records, pp. 255-264. Penned by Judge Florentino A. Tuason, Jr.

    4 Id. at 347-350. Penned by Pairing Judge Manuel D. Victorio.

    5 Id. at 53-56.

    6 Id. at 39-40.

    7 Rollo, pp. 71 & 77.

    8 Records, pp. 20-23.

    9 Id. at 24-27.

    10 Id. at 212-215.

    11 Id. at 303-323.

    12 Rollo, p. 48.

    13 Records, pp. 1-19.

    14 Id. at 5-6.

    15 Id. at 189-202.

    16 Id. at 264.

    17 Rollo, p. 60.

    18 Id. at 645.

    19 Id. at 637-654.

    20 Id. at 646.

    21 Id. at 649-650.

    22 Id. at 651.

    23 Id. at 485-521.

    24 Id. at 501.

    25 Cathay Pacific Steel Corporation v. Court of Appeals, G.R. No. 164561, August 30, 2006, 500 SCRA 226, 235-236.

    26 Records, pp. 207-209.

    27 Done on April 2, 1978.

    G.R. No. 165742 - Tri-Corp Land & Development, Inc. represented by Solita S. Jimenez-Paulino v. Court of Appeals and Greystone Corporation


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