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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-2009 Jurisprudence                 

  • A.C. No. 6672 - Pedro L. Linsangan v. Atty. Nicodemes Tolentino

  • A.C. No. 5955 - John Christen S. Hegna v. Atty. Goering G.C. Paderanga

  • A.C. No. 7297 - Imdelda Bides-Ulaso v. Atty. Edita Noe-Lacsamana

  • A.C. No. 7435 - Rey C. Sarmiento, et al. v. Atty. Edelson G. Oliva

  • A.C. No. 7547 - Gregory U. chan v. NLRC Commissioner Romeo L. Go, et al.

  • A.C. No. 7910 - Wen Ming W. Chen a.k.a. Domingo Tan v. Atty. F.D. Nicolas B. Pichay

  • A.M. No. 01-1-04-SC-PHILJA - Re: Further clarifying and strengthening the organization strcture and administrative set-up of the Philippine Judicial Academy

  • A.M. No. 06-3-07-SC - Request for the approval of the revised qualification standard for the chief of MISO

  • A.M. No. 2009-04-SC - Complaint of Atty. Wilhelmina D. Geronga againts Mr. Ross C. Romero, driver, shuttle bus no. 5 for reckless driving

  • A.M. No. CTA-05-2 - Office of the Court Administrator v. Concepcion G. Espineda, etc.

  • A.M. No. MTJ-06-1623 Formerly OCA IPI No. 04-1635-MTJ, A.M. NO. MTJ-06-1624 Formerly OCA IPI No. 04-1636-MTJ, A.M. NO. MTJ-06-1625 Formerly OCA IPI No. 04-1630-MTJ, A.M. NO. MTJ-06-1627 Formerly OCA IPI No. 04-1661-MTJ, A.M. NO. P-09-2693 Formerly OCA IPI

  • A.M. No. P-05-2046 Formerly No. 05-6-159-MCTC - Office of the Court Administrator v. Clerk of Court Fe P. Ganzan, MCTC, Jasaan, Misamis Oriental

  • A.M. No. P-06-2264 Formerly OCA I.P.I Nos. 05-2136-P and 05-2137-P - Atty. Lelu P. Contreras v. Teresita O. Monge, Clerk IV, Rigional Trial Court - Office of the Clerk of Court, Iriga City

  • A.M. No. P-07-2332 Formerly OCA I.P.I No. 07-2511-P - Dr. Salome U. Jorge v. Carlos P. Diaz, Deputy Sheriff, RTC, Branch 20, Tacurong, Sultan Kudarat

  • A.M. No. P-08-2433 Formerly OCA IPI No. 07-2667-P - Judge Jenny Lind Aldecia-Delorino v. Marilyn De Castro Remigio-Versosa, Clerk III, Regional Trial Court, Branch 137, Makati City

  • A.M. No. P-08-2570 Formerly A.M. OCA IPI No. 07-2547-P - Leticia Sales v. Arnel Jose A. Rubio, Sheriff IV, RTC, OCC, Naga City

  • A.M. No. P-09-2685 OCA-IPI No. 08-2839-P - P/Supt. Rene Macaling Orbe v. Marcos U. Digandang, Process Server, Regional Trial Court, Branch 14, Cotabato City

  • A.M. No. RTJ-01-1650 Formerly OCA IPI No. 01-1195-RTJ - Margie Corpus Macias v. Mariano v. Mariano Joaquin S. Macias, Presiding Judge, Branh 28, Regional Trial Court, Liloy, Zamboanga del Norte

  • A.M. No. RTJ-07-2089 Formerly OCA I.P.I. No. 07-2659-RTJ and A.M. NO. RTJ-0921-99 Formerly OCA I.P.I. No. 07-2698-RTJ- Land Bank of the Philippines v. Judge Ernesto P. Pagayatan

  • G.R. No. 132826 - Rolando Saa v. Integrated Bar of the Philippines, Commissoion on Bar Discipline, Board of Governors, Pasig City and Atty. Freddie A. Venida

  • G.R. NOS. 140743 & 140745 and G.R. NOS. 141451-52 - City Government of Tagaytay v. Hon. Eleuterio F. Guerrero, etc. et al.

  • G.R. No. 146534 - Spouses Hu Chuan Hai and Leonica Lim Hu v. Spouses Renato Unico and Maria Aurora J. Unico

  • G.R. NOS. 147026-27 - Carolina R. Javier v. Sandiganbayan, et al.

  • G.R. No. 148444 - Associated Bank (now United Overseas Bank [Phils.]) v. Spouses Rafael and Monaliza Pronstroller/Spouses Eduardo and Ma. Pilar Vaca (Intervenors)

  • G.R. No. 149588 - Francisco R. Llamas, et al. v. The Honorable Court of Appeals, et al.

  • G.R. No. 150664 - Vicente Dacanay, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez v. Hon. Raphael Prastora Sr., etc., et al.

  • G.R. No. 151969 - Valle Verde Country Club, Inc., et al. v. Victor Africa

  • G.R. No. 152101 - Emcor, Incorporated v. Ma. Lourdes D. Sienes

  • G.R. No. 152614 - Salvador A. Fernandez v. Cristina D. Amagna

  • G.R. No. 154720 - Juan Balbuena and Teodulfo Retuya v. Leona Aparicio Sabay, et al.

  • G.R. No. 156164 - Sps. Leonardo and Milagros Chua v. Hon. Jacinto G. Ang, et al.

  • G.R. No. 157901 - Orix Metro Leasing and Finance Corporation v. M/V "PILAR-I" and Spouses Ernesto Dy and Lourdes Dy

  • G.R. No. 157952 - Jowett K. Golango v. Jone B. Fung

  • G.R. No. 158630 and G.R. No. 162047 - Joyce Y. Lim, represented by her attorney-in-fact Bernardo M. Nicolas

  • G.R. No. 159116 - Sps. Nestor and Felicidad Dadizon v. Hon. Court of Appeals and Sps. Dominador and Elsa Mocorro

  • G.R. No. 159710 - Carmen A. Blas v. Spouses Eduardo and Salud Galapon

  • G.R. No. 161902 - Edgar Mercado v. People of the Philippines

  • G.R. No. 162104 - R Transport Corporation v. Eduardo Pante

  • G.R. No. 163270 - Eduardo M. Tomada, Sr. v. RFM Corporation-Bakery Flour Division, et al.

  • G.R. No. 164104 - Philippine National Bank v. Gregorio B. Maraya, Jr. and Wenefrida Maraya

  • G.R. No. 164205 - Oldarico S. Trave o, et al. v. Bobongon Banana Growers Multi-Purpose Cooperative, et al.

  • G.R. No. 164435 - Victoria S. Jarillo v. People of the Philippines

  • G.R. No. 164549 - Philippine National Bank v. Spouses Agustin and Pilar Rocamora

  • G.R. No. 164815 - Sr. Inspector Jerry Valeroso v. Court of Appeals and People of the Philippines

  • G.R. No. 165141 - Peregina Mistica v. Republic of the Philippines

  • G.R. No. 166516 - Emma Ver Reyes and Ramon Reyes v. The Register of Deeds of Cavite, et al.

  • G.R. No. 166857 - D.M. Wenceslao & Associates, inc. v. Freyssinet Philippines, Inc.

  • G.R. No. 167330 - Philippine Health Providers, Inc. v. Commissioner of Internal Revenue

  • G.R. No. 167569, G.R. No. 167570 & G.R. No. 171946 - Carlos T. Go., Sr., v. Luis T. Ramos

  • G.R. No. 167955 Formerly G.R. No. 151275 - People of the Philippines v. Armando Padilla y Nicolas

  • G.R. No. 167995 - Julita V. Imuan, et al. v. Juanito Cereno, et al.

  • G.R. No. 168151 - Regional Container Lines (RCL) of Singapore and Shipping Agency v. The Netherlands Insurance Co. (Philippines) Inc.

  • G.R. No. 168446 Formerly G.R. NOS. 144174-75 - People of the Philippines v. Ernesto Cruz, Jr. y Concepcion, et al.

  • G.R. No. 168927 - Arsenio F. Quevedo, et al. v. Benguet Electric Cooperative Incorporated, et al.

  • G.R. No. 169228 - The Alexandra Condominium Corporation v. Laguna Lake Development Authority

  • G.R. No. 169364 - People of the Philippines v. Evangeline Siton y sacil, et al.

  • G.R. No. 169641 - People of the Philippines v. Richard O. Sarcia

  • G.R. No. 169889 - Spouses Simon Yap and Milagros Guevarra v. First e-Bank, Inc.

  • G.R. No. 169919 - B.D. Long Span Builders, Inc. v. R.S. Ampeloquio Realty Development Inc.

  • G.R. No. 169940 - Univeristy of Santo Tomas v. Samahang Manggagawa ng UST (SM-UST)

  • G.R. No. 170072 - Joaquin P. Obieta v. Edward Cheok

  • G.R. No. 170342 - Allan Dizon v. People of the Philippines

  • G.R. No. 170482 - Manila Electric Company v. Aguida Vda. De Santiago

  • G.R. No. 171018 - People of the Philippines v. Elly Naelga

  • G.R. No. 171260 - Amparo Robles Cabreza v. Ceferino S. Cabreza Jr., et al.

  • G.R .No. 171491 - Dr. Castor C. De Jesus v. Rafel D. Guerrero III, Cesario R. Pagdilao and Fortuna B. Aquino

  • G.R. No. 171681 - Kei Marie and Bianca Angelica both surnamed Abrera, minors, represented by their parents Evelyn C. Abrera, et al. v. Hon. Romeo F. Barza, in his capacity as Presiding Judge of Regional Trial Court, Branch 61, Makati City and College Assu

  • G.R. No. 171984 - Bandila Maritime Services, Inc. and/or Tokomaru Kaiun Co., Ltd. v. Rolando Dubduban

  • G.R. No. 172217 - Spouses Lydia Flores-Cruz, et al. v. Spouses Leonardo and Iluminada Goli-Cruz, et al.

  • G.R. No. 172447 & G.R. No. 179404 - Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc. v. Nataniel B. Juane/Nataniel B. Juane v. Iglesia Evangelisca Metodista En Las Islas Filipinas (IEMELIF), Inc.

  • G.R. No. 174116 - Eastern Shipping Lines, Inc. v. Prudential Guarantee and Assurance, Inc.

  • G.R. No. 175064 - Province of Camarines Sur, represented by Governor Luis Raymund F. Villafuerte, Jr. v. Hon. Court of Appeals and City of Naga, represented by Mayor Jesse M. Robredo

  • G.R. No. 175172 - Cresencia Achevara, Alfredo Achevara and Benigno Valdez v. Elvira Ramos, John Arnel Ramos and Kristine Camille Ramos

  • G.R. No. 175528 - PO3 Benito Sombilon, Jr. v. People of the Philippines

  • G.R. No. 175490 - Ileana Dr. Macalino v. Bank of the Philippines Islands

  • G.R. No. 176014 - Alice Vitangcol and Norberto Vitangcol v. New Vista Properties, Inc., et al.

  • G.R. No. 176040 - Casa Cebuana Incoporada, et al. v. Ireneo P. Leuterio

  • G.R. No. 176364 - Juanito R. Rimando v. Commission on Elections and Norma O. Magno

  • G.R. No. 176546 - Felicitas P. Ong v. The People of the Philippines

  • G.R. No. 176700 - Romero Montederamos v. Tri-Union International Corporation

  • G.R. No. 177056 - The Office of the Solicitor General v. Ayala Land Incorporated, et al.

  • G.R. No. 177066 - Joselito Musni Puno (as heir of the late Carlos Puno) v. Puno Enterprises, Inc., represented by Jesusa Puno

  • G.R. No. 177456 - Bank of the Philippine Isalands v. Domingo R. Dando

  • G.R. No. 177531 - Civil Service Commission v. Fatima A. Macud

  • G.R. No. 177705 - Kimberly-Clark Philippines, Inc. v. Nora Dimayuga, et al.

  • G.R. No. 177753 - People of the Philippines v. Benjamin Ocampo

  • G.R. No. 177836 - Edwino A. Torres (deceased), represented and substitute by Alfonso P. Torres III, et al.

  • G.R. NOS. 177857-58, G.R. NO. 178193 and G.R. NO. 180705 - Philippine Coconut Producers Federation, Inc. (COCOFED), Manuel V. Del Rosario, Domingo P. Espina, et al. v. Republic of the Philippines

  • G.R. No. 178034, G.R. No. 178117 and G.R. NOS. 186984-85 - Andrew Jame Mcburne v. Eulalio Ganzon, et al.

  • G.R. No. 178485 - People of the Philippines v. Mariano Sapigao, Jr.

  • G.R. No. 178529 - Equitable PCI Bank, Inc (now known as Banco De Oro-EPCI, Inc.) v. Heirs of Antonio C. Tiu, et al.

  • G.R. No. 178543 - People of the Philippines v. Aristo Villanueva

  • G.R. No. 178933 - Recardo S. Silverio, Jr. v. Court of Appeals and Nelia S. Silverio-Dee

  • G.R. No. 179103 and G.R. NO. 180209 - National Power Corporation v. Premier Shipping Lines, Inc.

  • G.R. No. 179213 - People of the Philippines v. Nicolas Gutierrez y Licunan

  • G.R. No. 179313 - Makil U. Pundaodaya v. Commission on Elections, et al.

  • G.R. No. 179319 - Eugene C. Firaza v. People of the Philippines

  • G.R. No. 179475 - People of the Philippines v. Daniel Sibunga y Agtoca

  • G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

  • G.R. No. 179583 - Jimmy L. Barnes a.k.a. James Barnes v. Teresita C. Reyes, et al.

  • G.R. No. 179799 - Zenaida R. Gregorio v. Court of Appeals, et al.

  • G.R. No. 179862 - Land Bank of the Philippines v. Heirs of Asuncion Anonuevo Vda. Santos, et al.

  • G.R. No. 179944 - People of the Philippines v. Antonio Ortiz, et al.

  • G.R. No. 179985 - Pdilon L. Martinez v. B&B Fish Broker and/or Norberto M. Lucinario

  • G.R. No. 180274 - Virgilio C. Crystal and Glynna F. Cystal v. Bank of the Philippines Islands

  • G.R. No. 180453 - Republic of the Philippines v. Dante C. Abril, represented by his Attorney-in-fact, Manuel C. Blaco, Jr.

  • G.R. No. 180478-79 - The Heritage Hotel of Manila v. National Labor Relations Commission, Rufino C. Ra on II, and Ismael C. Villa

  • G.R. No. 180508 - People of the Philippines v. Antonio v. Antonio Ramos y Viray

  • G.R. No. 180693 - Bonifacio Dolera y Tejada v. People of the Philippines

  • G.R. No. 180863 - Angelita Valdez v. Republic of the Philippines

  • G.R. NOS. 180880-81 and G.R. NOS. 180896-97 - Keppel Cebu Shipyard, Inc. v. Pioneer Insurance and Surety Corporation

  • G.R. No. 180888 - Rolando Placido and Edgardo Caragay v. National Labor Relations Commission and Philippine Long Distance Telephone Company, Incorporated

  • G.R. No. 180992 - Elmer Diamante y Sioson, et al. v. People of the Philippines

  • G.R. No. 181081 - People of the Philippines v. Roldan Arcosiba alias "Entoy"

  • G.R. No. 181300 - Malayan Insurance Co., Inc. v. Jardine Davies Transport Services, Inc. and Asian Terminals, Inc.

  • G.R. No. 181303 - Carmen Danao Malana, et al. v. Benigno Tappa, et al.

  • G.R. No. 181503 - Bio Quest Marketing Inc. and/or Jose L. Co v. Edmund Rey

  • G.R. No. 181613 - Rosalinda A. Penera v. Commission on Elections and Edgar T. Andanar

  • G.R. No. 181629 - People of the Philippines v. Elizardo Cabiles alias "SARDO"

  • G.R. NOS. 181999 & G.R. No. 182001-04 and G.R. NOS. 182020-24 - Ofelia Caunan v. People of the Philippines, et al.

  • G.R. No. 182185 - Joaquin Ga, Jr., et al. v. Spouses Antonio Tabungan, et al.

  • G.R. No. 182320 - Tacloban Far East Marketing Corporation, et al. v. The Court of Appeals, et al.

  • G.R. No. 183088 - People of the Philippines v. Donato Capco y Sabadlab

  • G.R. No. 183141 - Edgardo H. Catindig v. People of the Philippines, et al.

  • G.R. No. 183142 - Rosita A. Montanez v. Provincial Agrarian Reform Adjudicator (PARAD), et al.

  • G.R. No. 183387 - Simeon M. Valdez v. Financiera Manila Inc.

  • G.R. No. 183457 - People of the Philippines v. Roel Arbalate, et al.

  • G.R. No. 183546 - Wilson A. Go v. Harry A. Go

  • G.R. No. 183646 - Great Southern Maritime Services Corp., et al. v. Leonila Surigao, et al.

  • G.R. No. 183656 - Gilbert Zalameda v. People of the Philippines

  • G.R. No. 183802 - Alexander Tam Wong v. Catherine Factor-Koyoma

  • G.R. No. 183965 - Joanie Surposa Uy v. Jose Ngo Chua

  • G.R. No. 184037 - Antonio Lopez y Dela Cruz v. People of the Philippines

  • G.R. No. 184225 - Spouses Rogelio F. Lopez and Teotima G. Lopez v. Samuel R. Espinosa and Angelita S. Espinosa

  • G.R. No. 184252 - China Banking Corporation v. Sps. Wenceslao & Marcelina Martir

  • G.R. No. 184268 - Ernesto Batalla v. Commission on Elections and teodoro Bataller

  • G.R. No. 184285 - Rodolfo "Rudy" Canlas, et al. v. Iluminada Tubil

  • G.R. No. 184735 - Miriam B. Elleccion vda. De Lecciones v. National Labor Relations Commission, et al.

  • G.R. No. 184958 - People of the Philippines v. Anthony C. Domingo and Gerry Domingo

  • G.R. No. 185001 - Ronnie H. Lumayna, et al. v. Commission on Audit

  • G.R. No. 185203 - People of the Philippines v. Domingo Araojo

  • G.R. No. 186138 - People of the Philippines v. Loreto Daria y Cruz

  • G.R. No. 186497 - People of the Philippines v. Hasanaddin Guira y Bansil

  • G.R. No. 187043 - People of the Philippines v. Lorenzo Oliva y Rosela

  • G.R. No. 187156 - People of the Philippines v. Melody Gutierrez y Lauriada

  • G.R. No. 187503 - People of the Philippines v. Tecson Lim y Chua and Maximo Flores y Viterbo

  • G.R. No. 188456 - Harry L. Roque, et al. v. Commission on Election, et al.

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    G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

      G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. NO. 179502 : September 18, 2009]

    PROGRESSIVE TRADE & SERVICE ENTERPRISES, Petitioner, v. MARIA MILAGROSA ANTONIO, Respondent.
    SECUNDINA M. CEBRERO, Defendant-Appellant before the Court of Appeals.

    D E C I S I O N

    CARPIO MORALES, J.:

    Virgilio Cebrero (Cebrero), registered owner of a 2,281 square meter parcel of land situated in Sampaloc, Manila and covered by Transfer Certificate of Title (TCT) No. 1583051 (the land) died on December 19, 1989.

    On January 19, 1991, Cebrero's wife Secundina Magno Cebrero (Secundina) and children executed a Deed of Extrajudicial Settlement of the Estate of the Deceased Virgilio D. Cebrero With Waiver of Rights2 allotting the land to Secundina.

    On September 27, 1994, Secundina sold the land to Progressive Trade and Services (petitioner), through its president and chairman Manuel C. Chua (Chua), via Deed of Absolute Sale.3 TCT No.158305 was thus cancelled and in its stead TCT No. 2253404 was issued in the name of Secundina on December 11, 1995 and, on even date, TCT No. 225340 was cancelled and TCT No. 2253415 was issued in the name of petitioner.

    On September 22, 1997, herein respondent Maria Milagrosa Antonio (Milagrosa) filed a Complaint6 before the Regional Trial Court (RTC) of Manila, docketed as Civil Case No. 97-85178, for Annulment of Title and Documents with Damages against petitioner and Secundina, claiming that on April 30, 1985, Cebrero, with Secundina's consent, sold to her the land for P9,124,000;7 that she was not able to register the sale because she had to go to the United States to attend to personal family matters; and that the Deed of Extrajudicial Settlement of Estate and the Deed of Absolute Sale in favor of petitioner are null and void.

    In its Answer,8 petitioner claimed that it bought the land in good faith and for value from Secundina and that Milagrosa's claim appears to be "questionable, dubious, spurious, or inexistent;"9 that any claim of Milagrosa would only be as between her and Secundina; and that Milagrosa's rights, if any, had been forfeited by laches, estoppel, and prescription.

    In her Answer,10 Secundina denied that she and her husband sold the land to Milagrosa, claiming that the sale to petitioner was lawful and for valuable consideration; and that, in any event, laches and prescription had set in to bar Milagrosa's claim.

    Branch 35 of the Manila RTC found petitioner to be a purchaser in good faith. With respect to Secundina, it concluded that since she and her husband twice sold the land to two different vendees without their knowledge and consent, "[she] must compensate [the plaintiff Milagrosa] who was damaged by her fraud."11 Thus the trial court disposed:

    WHEREFORE, judgment is rendered:

    (1) Dismissing the complaint as far as defendant Progressive Trade & Services Enterprises, represented by its President and Chairman Manuel C. Chua, is concerned;

    (2) Confirming the validity of Transfer Certificate of Title No. 225341 issued by the Register of Deeds of Manila in the name of Progressive Trade & Services Enterprises, a single proprietorship represented by its President & Chairman Manuel C. Chua, for Lot 68-A-l-A of the subdivision plan (LRC) Psd-314533, located in Sampaloc, Manila;

    (3) Ordering the defendant Segundina, a.k.a. Secundina, Cebrero to pay the plaintiff:

    (a) The sum of P9,124,000.00, plus interest thereon at the legal rate computed from September 22, 1997;

    (b) The sum of P50,000.00 for attorney's fees; and

    (c) The costs.

    SO ORDERED.12

    Both Milagrosa and Secundina appealed.13 By Decision14 of October 10, 2006, the Court of Appeals affirmed the trial court's decision. However, on Milagrosa's Motion for Reconsideration,15 the Court of Appeals, finding the title, TCT No. 225340, issued to Secundina spurious, rendered an Amended Decision16 on March 26, 2007 in favor of Milagrosa, disposing as follows:

    WHEREFORE, premises considered, the Plaintiff-Appellant's Motion for Reconsideration is hereby GRANTED. The assailed decision is REVERSED and SET ASIDE. Concomitantly, judgment is rendered:

    1. Cancelling TCT No. 225340 issued by the Register of Deeds of Manila in favor of the Defendant-Appellant, Segundina M. Cebrero, for being spurious;

    2. Cancelling TCT No. 225341 issued by the Register of Deeds of Manila in favor of the Defendant-Appellee, Progressive Trade and Services Enterprises, for the reason that it is a purchaser in bad faith;

    3. Upholding the validity of TCT No. 158305 in the name of the late Virgilio D. Cebrero; andcralawlibrary

    4. Ordering the Register of Deeds of Manila to issue a new title over the subject property in the name of Plaintiff-Appellant, Maria Milagrosa Antonio, in lieu of TCT No. 158305.

    SO ORDERED.17 (Emphasis and italics in the original)

    Hence, the present petition,18 petitioner alleging that the Court of Appeals erred

    x x x in ordering the cancellation of TCT No. 225341 which was duly issued by the Register of Deeds of Manila in favor of the petitioner.19

    x x x

    x x x in not ruling that the petitioner purchased the subject property in good faith and for value.20

    x x x

    x x x in not upholding the principle of indefeasibility of title under the Torrens system of registration.21

    x x x in ruling that the attendant circumstances did not constitute a case of double sale.22

    x x x

    x x x in not finding that under the circumstances, respondent had forfeited whatever pretended rights she has, if any, on the grounds of laches, estoppel and prescription.23

    x x x

    x x x in not finding that the respondent has no cause of action against the petitioner.24 (Emphasis in the original)

    In the meantime, as Milagrosa died on June 15, 2006, the Court of Appeals, in the exercise of its residual jurisdiction, substituted Romualdo Uy for Milagrosa as plaintiff-appellant25 on December 12, 2007.

    The petition is meritorious.

    The former lawyer of the Cebrero spouses, Judge Celso D. Laviña (Judge Laviña), who is familiar with the signatures of the spouses, testified that Cebrero's purported signature in the Deed of Absolute Sale to Milagrosa (marked Exhibit "B" in the deed but designated Exhibit "A" during trial in Milagrosa's formal offer of evidence)26 is not his.27

    A naked eye comparison of Cebrero's signature in the Deed of Absolute Sale to Milagrosa which is, by the way, a mere photocopy28 with the sample signatures identified by Judge Laviña as those of Cebrero and which were executed at around the time the questioned Deed of Absolute Sale to Milagrosa was executed shows marked differences,29 indicating that they were not affixed by one and the same hand.ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

    A comparison too with the naked eye of Secundina's signatures in public documents which she identified to be hers, as well her signatures which she executed in open court and the signature attributed to her in the Deed of Absolute Sale to Milagrosa30 in which her name is typed as "SEGUNDINA" and her signature above it reads also "Segundina," shows that they were not written by one and the same hand.

    The trial court's ruling that Secundina failed to prove her allegation that the Deed of Absolute Sale to Milagrosa was a forgery because she failed to present expert witnesses31 does not lie. It is settled that handwriting experts, while useful, are not indispensable in examining or comparing handwritings or signatures.32 For Section 22 of Rule 132 of the Rules of Court provides:

    The handwriting of a person may be proved by any witness who believes it to be the handwriting of the person because he has seen the person write, or has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge. (Underscoring supplied)cralawlibrary

    Complementing the said provision is Section 50 of Rule 130 of the Rules of Court which allows the reception of the opinion of a witness, like Judge Laviña, for which proper basis is given, as evidence regarding a handwriting with which he has sufficient familiarity.

    As the Court finds that the Deed of Absolute Sale in Milagrosa's favor is not genuine, it transmitted no rights to her. Consequently, the subject land - part of Cebrero's estate which was allotted to Secundina was validly sold by her to petitioner.

    WHEREFORE, the petition is GRANTED. The Amended Decision of the Court of Appeals dated March 26, 2007 is REVERSED and SET ASIDE. Civil Case No. 97-85178 lodged at the Regional Trial Court of Manila Branch 35 is DISMISSED.

    SO ORDERED.

    Endnotes:


    * Additional member per Special Order No. 691 dated September 4, 2009.

    1 Exhibit "A," records, pp. 499-502.

    2 Exhibit "F," id. at 629-630.

    3 Exhibit "4," id. at 671-672.

    4 Exhibit "3," id. at 669-670.

    5 Exhibit "4-I," id. at 676-677.

    6 Id. at 1-5.

    7 Exhibit "B", id. at 503. A more legible copy is on RTC records, p. 619.

    8 Id. at 42-49.

    9 Id. at 45.

    10 Id. at 148-153.

    11 Id. at 829.

    12 Id. at 830.

    13 Id. at 831-836, 840.

    14 Decision of October 10, 2006, penned by Court of Appeals Associate Justice Normandie B. Pizarro, with the concurrence of Associate Justices Amelita G. Tolentino and Jose Catral Mendoza. CA rollo, pp. 166-186.

    15 Id. at 214-222.

    16 Penned by Court of Appeals Associate Justice Normandie B. Pizarro, with the concurrence of Associate Justices Amelita G. Tolentino and Jose Catral Mendoza. Id. at 251-258.

    17 Id. at 257-258.

    18 Rollo, pp. 3-41.

    19 Id. at 16.

    20 Id. at 20.

    21 Id. at 25.

    22 Id. at 26.

    23 Id. at 28.

    24 Id. at 30.

    25 CA rollo, pp. 729-732.

    26 TSN, March 10, 2000, p. 3.

    27 TSN, March 16, 2000, pp. 25-29.

    28 Supra note 7.

    29 Vide Exhibits "16-a," "17-a," "18-a," "19-a," "20-a," id. at 708-714; Exhibit "B," id, at 503, 619; TSN, March 16, 2000, pp. 31-51.

    30 Vide Exhibits "2," "4-b," "4-c," "21-b," "22," "23-a," "24-b," "25-b," id. at 665, 673-674, 715-719; Exhibit "B," id. at 503, 619; TSN, March 16, 2000, pp. 65, 68; TSN, March 17, 2000, pp. 13-17.

    31 Id. at 828-829.

    32 Vide Fullero v. People, G.R. No. 170583, September 12, 2007, 533 SCRA 97, 122.

    G.R. No. 179502 - Progressive Trade & Service Enterprises v. Maria Milagrosa Antonio


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