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December-2010 Jurisprudence                 

  • G.R. Nos. 179282-83 : December 1, 2010 MICHAEL SYIACO, Petitioner, v. EUGENE ONG, Respondent.

  • G.R. No. 178221 : December 1, 2010 MAY D. AÑONUEVO, ALEXANDER BLEE DESANTIS and JOHN DESANTIS NERI, Petitioners, v. INTESTATE ESTATE OF RODOLFO G. JALANDONI, represented by BERNARDINO G. JALANDONI as Special Administrator, Respondent.

  • G.R. No. 173881 : December 1, 2010 HYATT ELEVATORS and ESCALATORS CORPORATION, Petitioner, v. CATHEDRAL HEIGHTS BUILDING COMPLEX ASSOCIATION, INC., Respondent.

  • G.R. No. 173379 : December 1, 2010 ABUBAKAR A. AFDAL and FATIMA A. AFDAL, Petitioners, v. ROMEO CARLOS, Respondent.

  • G.R. No. 169761 : December 1, 2010 ARRA REALTY CORPORATION, CARLOS D. ARGUELLES and REMEDIOS DE LA RAMA-ARGUELLES, Petitioners, v. PACES INDUSTRIAL CORPORATION, Responden.

  • G.R. No. 157315 : December 1, 2010 CITY GOVERNMENT OF BUTUAN and CITY MAYOR LEONIDES THERESA B. PLAZA, the latter in her personal capacity and as representative of her co-defendant, Petitioners, v. CONSOLIDATED BROADCASTING SYSTEM (CBS), INC., doing business under the name and style “DXBR” Bombo Radyo Butuan, represented by its Manager, Norberto P. Pagaspas, and HON. ROSARITO F. DABALOS, PRESIDING JUDGE, RTC, BRANCH 2, OF AGUSAN DEL NORTE AND BUTUAN CITY, Respondents.

  • G.R. No. 192935 : December 7, 2010 LOUIS “BAROK” C. BIRAOGO, Petitioner, v. THE PHILIPPINE TRUTH COMMISSION OF 2010, Respondent. G.R. No. 193036 : December 7, 2010 REP. EDCEL C. LAGMAN, REP. RODOLFO B. ALBANO, JR., REP. SIMEON A. DATUMANONG, and REP. ORLANDO B. FUA, SR., Petitioners, v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR. and DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO B. ABAD, Respondents.

  • G.R. No. 176389 : December 14, 2010 ANTONIO LEJANO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. G.R. No. 176864 : December 14, 2010 PEOPLE OF THE PHILIPPINES, Appellee, v. HUBERT JEFFREY P. WEBB, ANTONIO LEJANO, MICHAEL A. GATCHALIAN, HOSPICIO FERNANDEZ, MIGUEL RODRIGUEZ, PETER ESTRADA and GERARDO BIONG, Appellants.

  • A.M. No. 10-5-7-SC : December 7, 2010 JOVITO S. OLAZO, Complainant, v. JUSTICE DANTE O. TINGA (Ret.), Respondent.

  • A.M. No. P-09-2602 (Formerly A.M. OCA IPI No. 07-2583-P) : December 1, 2010 Atty. JONNA M. ESCABARTE, Judge BONIFACIO SANZ MACEDA, SOTERA JAVIER, LETICIA AGBAYANI, NELLY CHAVEZ, CLAIRE GERERO, JOSEFINO ORTIZ, ANA RAMOS and EDGAR VILLAR, all of the RTC, Branch 275, Las Piñas City, Complainants, v. Ms. LOIDA MARCELINA J. GENABE, Legal Researcher, RTC, Branch 275, Las Piñas City, Respondent. A.M. No. P-09-2602 (Formerly A.M. OCA IPI No. 08-2792-RTJ) : December 1, 2010 Ms. LOIDA MARCELINA J. GENABE, Complainant, v. Judge BONIFACIO SANZ MACEDA, Atty. JONNA M. ESCABARTE, SOTERA JAVIER, LETICIA AGBAYANI, NELLY CHAVEZ, CLAIRE GERERO, JOSEFINO ORTIZ, ANA RAMOS and EDGAR VILLAR, all of the RTC, Branch 275, Las Piñas City, Respondents.

  • A.M. No. RTJ-06-2007 (Formerly A.M. OCA IPI No. 05-2368-RTJ) : December 6, 2010 CARMEN EDAÑO, Complainant, v. Judge FATIMA G. ASDALA, Regional Trial Court, Branch 87, Quezon City, Respondent.

  • A.M. No. P-05-2003 (Formerly A.M. OCA IPI No. 97-218-P) : December 6, 2010 GERMAN AGUNDAY, Complainant, v. LEMUEL B. VELASCO, Deputy Sheriff, Office of the Clerk of Court, Regional Trial Court, Virac, Catanduanes, Respondent.

  • G.R. No. 155832 : December 7, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. SANDIGANBAYAN (Fourth Division) and IMELDA R. MARCOS, Respondents.

  • G.R. No. 185899 : December 8, 2010 SPOUSES REUBEN DELA CRUZ AND MINERVA DELA CRUZ, Petitioner, v. RAMON C. PAPA IV, in his capacity as Co-Administrator of the Estate of Angela M. Butte, Respondent.

  • G.R. No. 177556 : December 8, 2010 TRANSCEPT CONSTRUCTION AND MANAGEMENT PROFESSIONALS, INC., Petitioner, v. TERESA C. AGUILAR, Respondent.

  • [G.R. No. 191963, December 01 : 2010] RITA NATAL, CHARITO LABATETE, RAMUEL MAGAHIS, FRANCISCA LOGDAT, JOCELYN MACUNAT, LUCENA MITANTE, GUADALUPE M. LLAMAS, NORITA MODIONG, AMELIA PANTOJA, MIRASOL NABIONG, ROMEO LOGDAT, EDUARDO JAQUECA, NATIVIDAD NAGUTOM, EMERENCIANA VILLA, JUANITO MALAGOTNOT, GORGONIO L. LICON, ACELA FORTON, JULIO NATAL, CONSORCIA LAZO, LUCENIO MATAYA, ELISA LOGDAT, HELEN LIVELO, ISIDRA LEYNES, VICENTE LAURESTA, LEONOR NUNEZ, CONCEPCION MALAGOTNOT, JUANA LUSTRE, PERLITO NAGUTOM, JULIA NALANGIS, RUSTICO LEYNES, FERNANDITO MAGUTOM, NARCISO RICOHERMOSO, DAISY MIRANDA, MARIA MIRONES, PERPETUA MIRANDA, PETITIONERS, VS. HON. MANUELITO O. CABALLES, PRESIDING JUDGE, REGIONAL TRIAL COURT- DECEMBER 1, 2010 BRANCH 38, BOAC, MARINDUQUE, PUBLIC RESPONDENT, MARCOPPER MINING CORP., PRIVATE RESPONDENT.

  • [G.R. No. 191963, December 01 : 2010] RITA NATAL, CHARITO LABATETE, RAMUEL MAGAHIS, FRANCISCA LOGDAT, JOCELYN MACUNAT, LUCENA MITANTE, GUADALUPE M. LLAMAS, NORITA MODIONG, AMELIA PANTOJA, MIRASOL NABIONG, ROMEO LOGDAT, EDUARDO JAQUECA, NATIVIDAD NAGUTOM, EMERENCIANA VILLA, JUANITO MALAGOTNOT, GORGONIO L. LICON, ACELA FORTON, JULIO NATAL, CONSORCIA LAZO, LUCENIO MATAYA, ELISA LOGDAT, HELEN LIVELO, ISIDRA LEYNES, VICENTE LAURESTA, LEONOR NUNEZ, CONCEPCION MALAGOTNOT, JUANA LUSTRE, PERLITO NAGUTOM, JULIA NALANGIS, RUSTICO LEYNES, FERNANDITO MAGUTOM, NARCISO RICOHERMOSO, DAISY MIRANDA, MARIA MIRONES, PERPETUA MIRANDA, PETITIONERS, VS. HON. MANUELITO O. CABALLES, PRESIDING JUDGE, REGIONAL TRIAL COURT- DECEMBER 1, 2010 BRANCH 38, BOAC, MARINDUQUE, PUBLIC RESPONDENT, MARCOPPER MINING CORP., PRIVATE RESPONDENT.

  • [G.R. No. 173138, December 01 : 2010] NOEL B. BACCAY, PETITIONER, VS. MARIBEL C. BACCAY AND REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 154486, December 01 : 2010] FEDERICO JARANTILLA, JR., PETITIONER, VS. ANTONIETA JARANTILLA, BUENAVENTURA REMOTIGUE, SUBSTITUTED BY CYNTHIA REMOTIGUE, DOROTEO JARANTILLA AND TOMAS JARANTILLA, RESPONDENTS.

  • [A.M. No. P-09-2714 [Formerly OCA I.P.I. No. 08-2707-P], December 06 : 2010] FERNANDO P. CHAN, COMPLAINANT, VS. JOVEN T. OLEGARIO, RESPONDENT.

  • [G.R. No. 179044, December 06 : 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. RODRIGUEZ LUCERO Y PAW-AS ALIAS "KIKIT," APPELLANT.

  • [G.R. No. 189311, December 06 : 2010] DENNIS R. MANZANAL AND BAGUIO COUNTRY CLUB CORPORATION, PETITIONERS, VS. RAMON K. ILUSORIO, RESPONDENT.

  • [G.R. No. 162943, December 06 : 2010] EMPLOYEES UNION OF BAYER PHILS., FFW AND JUANITO S. FACUNDO, IN HIS CAPACITY AS PRESIDENT, PETITIONERS, VS. BAYER PHILIPPINES, INC., DIETER J. LONISHEN (PRESIDENT), ASUNCION AMISTOSO (HRD MANAGER), AVELINA REMIGIO AND ANASTACIA VILLAREAL, RESPONDENTS.

  • [G.R. No. 172020, December 06 : 2010] TRADERS ROYAL BANK, PETITIONER, VS. NORBERTO CASTAÑARES AND MILAGROS CASTAÑARES, RESPONDENTS.

  • [G.R. No. 188484, December 06 : 2010] SALUD GEPIGA VDA. DE SOCO, GENARO G. SOCO, ELENO G. SOCO, FRANCISCO G. SOCO, TRINIDAD S. MENDEZ, FLORA S. HONRADA, ANITA S. ILUSTRISIMO, JULITA S. JAVIER, AND PATRICIO G. SOCO, PETITIONERS, VS. FERMINA SOCO VDA. DE BARBON, RESPONDENT.

  • [G.R. No. 171624, December 06 : 2010] BF HOMES, INC. AND THE PHILIPPINE WATERWORKS AND CONSTRUCTION CORP., PETITIONERS, VS. MANILA ELECTRIC COMPANY, RESPONDENT.

  • [G.R. No. 183709, December 06 : 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. MANUEL "AWIL" POJO, APPELLANT.

  • [G.R. No. 191998, December 07 : 2010] WALDEN F. BELLO AND LORETTA ANN P. ROSALES, PETITIONERS, VS. COMMISSION ON ELECTIONS, RESPONDENT. [G.R. NO. 192769] LIZA L. MAZA AND SATURNINO C. OCAMPO, PETITIONERS, VS. COMMISSION ON ELECTIONS AND JUAN MIGUEL "MIKEY" ARROYO, RESPONDENTS. [G.R. NO. 192832] BAYAN MUNA PARTY-LIST, REPRESENTED BY TEODORO CASINO, PETITIONER, VS. COMMISSION ON ELECTIONS AND JUAN MIGUEL "MIKEY" ARROYO OF ANG GALING PINOY PARTY-LIST, RESPONDENTS.

  • [A.M. No. P-09-2638 (Formerly A.M. No. 09-4-68-MTC), December 07 : 2010] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JULIET C. BANAG, CLERK OF COURT AND MS. EVELYN R. GALVEZ, INTERPRETER AND FORMER OFFICER-IN-CHARGE CLERK OF COURT, BOTH OF THE MUNICIPAL TRIAL COURT, PLARIDEL, BULACAN, RESPONDENTS.

  • [G.R. No. 178652, December 08 : 2010] SPOUSES REVELO VILLAMAR AND CORAZON PENULIAR- VILLAMAR, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A. M. No. P-10-2825 : December 07, 2010] DEVELOPMENT BANK OF THE PHILIPPINES, REPRESENTED BY ATTY. BENILDA A. TEJADA, PETITIONER, VS. CLERK OF COURT VI LUNINGNING Y. CENTRON AND SHERIFF IV ALEJANDRO L. TOBILLO, REGIONAL TRIAL COURT, BRANCH 39, CALAPAN CITY, ORIENTAL MINDORO, RESPONDENTS.

  • [G.R. No. 168325 : December 08, 2010] ROBERTO D. TUAZON, PETITIONER, VS. LOURDES Q. DEL ROSARIO-SUAREZ, CATALINA R. SUAREZ-DE LEON, WILFREDO DE LEON, MIGUEL LUIS S. DE LEON, ROMMEL LEE S. DE LEON, AND GUILLERMA L. SANDICO-SILVA, AS ATTORNEY-IN-FACT OF THE DEFENDANTS, EXCEPT LOURDES Q. DEL ROSARIO-SUAREZ, RESPONDENTS.

  • [G.R. No. 183824 : December 08, 2010] MYRNA P. ANTONE, PETITIONER, VS. LEO R. BERONILLA, RESPONDENT.

  • [G.R. No. 174006 : December 08, 2010] BANK OF COMMERCE AND STEPHEN Z. TAALA, PETITIONERS, VS. SPOUSES ANDRES AND ELIZA FLORES, RESPONDENTS.

  • [G.R. No. 185371 : December 08, 2010] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. METRO STAR SUPERAMA, INC., RESPONDENT.

  • [G.R. No. 179948 : December 08, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EMINIANO BARCELA Y MEDINA, APPELLANT.

  • [G.R. No. 188855 : December 08, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RUEL TAMANO Y PASIA, ACCUSED-APPELLANT.

  • [G.R. No. 188855 : December 08, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RUEL TAMANO Y PASIA, ACCUSED-APPELLANT.

  • [G.R. No. 178774 : December 08, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. MARLYN P. BACOS, APPELLANT.

  • [A.M. No. RTJ-06-1999 (FORMERLY OCA IPI NO. 03-1903-RTJ) : December 08, 2010] BANGKO SENTRAL NG PILIPINAS, COMPLAINANT, VS. EXECUTIVE JUDGE ENRICO A. LANZANAS, REGIONAL TRIAL COURT, BRANCH 7, MANILA, CLERK OF COURT JENNIFER DELA CRUZ-BUENDIA AND DEPUTY SHERIFF CARMELO V. CACHERO, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, MANILA, RESPONDENTS.

  • [G.R. No. 170729 : December 08, 2010] ENRIQUE AGRAVIADOR Y ALUNAN, PETITIONER, VS. ERLINDA AMPARO-AGRAVIADOR AND REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 168840 : December 08, 2010] ENRIQUE MIGUEL L. LACSON, PETITIONER, VS. MJ LACSON DEVELOPMENT COMPANY, INC., RESPONDENT.

  • [G.R. No. 190231 : December 08, 2010] ASIA UNITED BANK AND ABRAHAM CO, PETITIONERS, VS. GOODLAND COMPANY, INC., RESPONDENT.

  • [A.M. No. RTJ-10-2253 (FORMERLY A.M. OCA IPI NO. 02-1557-RTJ) : December 08, 2010] ATTY. PERSEVERANDA L. RICON, CLERK OF COURT, REGIONAL TRIAL COURT, BRANCH 39, MANILA, COMPLAINANT, VS. JUDGE PLACIDO C. MARQUEZ, REGIONAL TRIAL COURT, BRANCH 40, MANILA, RESPONDENT. [A.M. NO. P-06-2138 (FORMERLY A.M. OCA IPI NO. 05-2208-P)] JUDGE PLACIDO C. MARQUEZ, COMPLAINANT, VS. ATTY. PERSEVERANDA L. RICON, RESPONDENT.

  • [G.R. No. 172316 : December 08, 2010] SPOUSES JOSE CHUA AND MARGARITA CHUA, PETITIONERS, VS. THE HONORABLE PEDRO GUTIERREZ, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 119, REGIONAL TRIAL COURT, PASAY CITY, PEDRO A. ABADILLA, IN HIS CAPACITY AS SHERIFF IV OF BRANCH 119, REGIONAL TRIAL COURT, PASAY CITY, AND TAN TEK SING, A.K.A. PETER TAN, RESPONDENTS.

  • [G.R. No. 189366 : December 08, 2010] PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, PETITIONER, VS. EUSEBIO M. HONRADO, RESPONDENT.

  • [G.R. No. 172139 : December 08, 2010] JOCELYN M. TOLEDO, PETITIONER, VS. MARILOU M. HYDEN, RESPONDENT.

  • [G.R. No. 186027 : December 08, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. MERLYN MERCADERA THROUGH HER ATTORNEY-IN-FACT, EVELYN M. OGA, RESPONDENT.

  • [G.R. No. 169718 : December 13, 2010] DANTE HERNANDEZ DATU, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. Nos. 163293 & 163297 : December 13, 2010] EQUITABLE PCI BANK (NOW BANCO DE ORO UNIBANK, INC.), PETITIONER, VS. CASTOR A. DOMPOR, RESPONDENT.

  • [G.R. No. 192187 : December 13, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALEX LINGASA, JORGE BI-AY, AND "JOHN DOE," ACCUSED, ELISEO BI-AY, JR. Y SARINTAS ALIAS "GIDEON," ACCUSED-APPELLANT.

  • [G.R. No. 191366 : December 13, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARNOLD MARTINEZ Y ANGELES, EDGAR DIZON Y FERRER, REZIN MARTINEZ Y CAROLINO, AND RAFAEL GONZALES Y CUNANAN, ACCUSED-APPELLANTS.

  • [G.R. No. 164695 : December 13, 2010] HEIRS OF JOSE BARREDO, NAMELY, LOLITA BARREDO, ANNALIZA BARREDO AND MARICHU BARREDO-EPE, REPRESENTED BY MARICHU BARREDO-EPE, PETITIONERS, VS. LAVOISER BESAÑES, RESPONDENT.

  • [G.R. No. 168692 : December 13, 2010] FRANCISCO TAYCO, SUBSTITUTED BY LUCRESIA TAYCO AND NOEL TAYCO, PETITIONERS, VS. HEIRS OF CONCEPCION TAYCO-FLORES, NAMELY: LUCELI F. DIAZ, RONELE F. BESA, MONELE FLORES, PERLA FLORES, RUPERTO FLORES, WENCESLAO FLORES, PURISIMA FLORES, AND FELIPE FLORES, RESPONDENTS.

  • [G.R. Nos. 170542-43 : December 13, 2010] ANTONIO A. ABOC, PETITIONER, VS. METROPOLITAN BANK AND TRUST COMPANY, RESPONDENT. [G.R. No. 176460] METROPOLITAN BANK AND TRUST COMPANY, PETITIONER, VS. ANTONIO A. ABOC, RESPONDENT.

  • [G.R. No. 177779 : December 14, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. FELIPE NACHOR Y OMAYAN, APPELLANT.

  • [A. M. No. P-10-2833 : December 14, 2010] RETIRED EMPLOYEE, MUNICIPAL TRIAL COURT, SIBONGA, CEBU, COMPLAINANT, VS. MERLYN G. MANUBAG, CLERK OF COURT II, MUNICIPAL TRIAL COURT, SIBONGA, CEBU, RESPONDENT.

  • [A.M. No. 09-5-2-SC : December 14, 2010] IN THE MATTER OF THE BREWING CONTROVERSIES IN THE ELECTION IN THE INTEGRATED BAR OF THE PHILIPPINES, [A.C. NO. 8292] ATTYS. MARCIAL M. MAGSINO, MANUEL M. MARAMBA AND NASSER MAROHOMSALIC, COMPLAINANTS, VS. ATTYS. ROGELIO A. VINLUAN, ABELARDO C. ESTRADA, BONIFACIO T. BARANDON, JR., EVERGISTO S. ESCALON AND RAYMUND JORGE A. MERCADO, RESPONDENTS.

  • [G.R. No. 149548 : December 14, 2010] ROXAS & COMPANY, INC., PETITIONER, VS. DAMBA-NFSW AND THE DEPARTMENT OF AGRARIAN REFORM, RESPONDENTS. [G.R. NO. 167505] DAMAYAN NG MGA MANGGAGAWANG BUKID SA ASYENDA ROXAS-NATIONAL FEDERATION OF SUGAR WORKERS (DAMBA-NFSW), PETITIONER, VS. SECRETARY OF THE DEPT. OF AGRARIAN REFORM, ROXAS & CO., INC. AND/OR ATTY. MARIANO AMPIL, RESPONDENTS. [G.R. NO. 167540] KATIPUNAN NG MGA MAGBUBUKID SA HACIENDA ROXAS, INC. (KAMAHARI), ET AL., PETITIONERS, VS. SECRETARY OF THE DEPT. OF AGRARIAN REFORM, ROXAS & CO., INC., RESPONDENTS. [G.R. NO. 167543] DEPARTMENT OF LAND REFORM, FORMERLY DEPARTMENT OF AGRARIAN REFORM (DAR), PETITIONER, VS.ROXAS & CO, INC., RESPONDENT. [G.R. NO. 167845] VS. ROXAS & CO., INC., PETITIONER, VS. DAMBA-NFSW, RESPONDENT. [G.R. NO. 169163] DAMBA-NFSW REPRESENTED BY LAURO V. MARTIN, PETITIONER, VS. ROXAS & CO., INC., RESPONDENT. [G.R. NO. 179650] DAMBA-NFSW, PETITIONER, VS. ROXAS & CO., INC., RESPONDENT.

  • [G.R. No. 178030 : December 15, 2010] PHILIPPINE FISHERIES DEVELOPMENT AUTHORITY (PFDA), PETITIONER, VS. CENTRAL BOARD OF ASSESSMENT APPEALS, LOCAL BOARD OF ASSESSMENT APPEALS OF LUCENA CITY, CITY OF LUCENA, LUCENA CITY ASSESSOR AND LUCENA CITY TREASURER, RESPONDENTS.

  • [G.R. No. 189841 : December 15, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EFREN DITONA Y MONTEFALCON, BERNARD FERNANDEZ AND ERNESTO EMNAS, ACCUSED. EFREN DITONA Y MONTEFALCON, APPELLANT.

  • [G.R. No. 188560 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RICKY ALFREDO Y NORMAN, ACCUSED-APPELLANT.

  • [G.R. No. 188901 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GILBERT CASTRO Y AGUILAR, ACCUSED-APPELLANT.

  • [G.R. No. 189776 : December 15, 2010] AMELIA P. ARELLANO, REPRESENTED BY HER DULY APPOINTED GUARDIANS, AGNES P. ARELLANO AND NONA P. ARELLANO, PETITIONER, VS. FRANCISCO PASCUAL AND MIGUEL PASCUAL, RESPONDENTS.BR

  • [G.R. No. 149433 : December 15, 2010] THE COCA-COLA EXPORT CORPORATION, PETITIONER, VS. CLARITA P. GACAYAN, RESPONDENT.

  • [G.R. No. 182147 : December 15, 2010] ARNEL U. TY, MARIE ANTONETTE TY, JASON ONG, WILLY DY, AND ALVIN TY, PETITIONERS, VS. NBI SUPERVISING AGENT MARVIN E. DE JEMIL, PETRON GASUL DEALERS ASSOCIATION, AND TOTALGAZ DEALERS ASSOCIATION, RESPONDENTS.

  • [G.R. No. 177355 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MONTANO FLORES Y PARAS, ACCUSED-APPELLANT.

  • [G.R. No. 152086 : December 15, 2010] FEDERICO SORIANO, CIPRIANO BAUTISTA, JOSE TORALBA, CILODONIO TANTAY, MARIANO BRAVO, ROLANDO TORALBA, FAUSTINO BRAVO, CRISTINA TORALBA, BENJAMIN LACAYANGA, ROSALIA TANTAY, GABRIEL DELA VEGA, ROGELIO BRAVO, AND ROMEO TANTAY, REPRESENTED BY THEIR ATTORNEY-IN-FACT, TEODORICO GAMBA, PETITIONERS, VS. ANA SHARI B. BRAVO, REBECCA BENITO, JOHN MEJIA, MILA BRAVO, BENITO BRAVO, ERNESTO BRAVO, JOSE ISRAEL BRAVO, JUANA BRAVO, DARAB CENTRAL, AND THE HON. COURT OF APPEALS, FORMER FIFTH DIVISION, RESPONDENTS.

  • [A.M. No. RTJ-06-2015 (Formerly OCA I.P.I. No. 05-2348-RTJ) : December 15, 2010] ATTY. NORLINDA R. AMANTE-DESCALLAR, PETITIONER, VS. HON. REINERIO (ABRAHAM) B. RAMAS, RESPONDENT.

  • [G.R. No. 162575 : December 15, 2010] BEATRIZ SIOK PING TANG, PETITIONER, VS. SUBIC BAY DISTRIBUTION, INC., RESPONDENT.

  • [G.R. No. 172841 : December 15, 2010] RENATO REYES, REPRESENTED BY RAMON REYES, PETITIONER, VS. LEOPOLDO BARRIOS, SUBSTITUTED BY LUCIA MANALUS-BARRIOS, RESPONDENT.

  • [G.R. No. 179395 : December 15, 2010] MAXWELL HEAVY EQUIPMENT CORPORATION, PETITIONER, VS. ERIC UYCHIAOCO YU, RESPONDENT.

  • [A.M. No. P-07-2383 : December 15, 2010] CRISPIN SARMIENTO, COMPLAINANT, VS. LUISITO P. MENDIOLA, SHERIFF III, METROPOLITAN TRIAL COURT, BRANCH 20, MANILA, RESPONDENT.

  • [G.R. No. 167363 : December 15, 2010] SEALOADER SHIPPING CORPORATION, PETITIONER, VS. GRAND CEMENT MANUFACTURING CORPORATION, JOYCE LAUNCH & TUG CO., INC., ROMULO DIANTAN & JOHNNY PONCE, RESPONDENTS. [G.R. NO. 177466] TAIHEIYO CEMENT PHILIPPINES, INC. (FORMERLY GRAND CEMENT MANUFACTURING CORPORATION), PETITIONER, VS. SEALOADER SHIPPING CORPORATION, JOYCE LAUNCH & TUG CO., INC., ROMULO DIANTAN & JOHNNY PONCE, RESPONDENTS.

  • [G.R. No. 149261 : December 15, 2010] AZUCENA B. CORPUZ, PETITIONER, VS. ROMAN G. DEL ROSARIO, RESPONDENT.

  • [G.R. No. 174833 : December 15, 2010] MYRNA P. MAGANA, PETITIONER, VS. MEDICARD PHILIPPINES, INC., AND COURT OF APPEALS, RESPONDENTS.

  • [G.R. No. 182229 : December 15, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JUN-JUN ASUELA, APPELLANT.

  • [G.R. No. 165266 : December 15, 2010] AIR FRANCE, PETITIONER, VS. BONIFACIO H. GILLEGO, SUBSTITUTED BY HIS SURVIVING HEIRS REPRESENTED BY DOLORES P. GILLEGO, RESPONDENT.

  • [A.M. No. P-10-2753 [FORMERLY A.M. OCA IPI NO. 09-3088-P] : December 15, 2010] DONNABELLE D. RUBEN, COMPLAINANT, VS. RAMIL L. ABON, UTILITY WORKER I, RESPONDENT,

  • [G.R. No. 157852 : December 15, 2010] HEIRS OF DOMINGO VALIENTES, PETITIONERS, VS. HON. REINERIO (ABRAHAM) B. RAMAS, ACTING PRESIDING JUDGE, RTC, BRANCH 29, 9TH JUDICIAL REGION, SAN MIGUEL, ZAMBOANGA DEL SUR AND VILMA V. MINOR, RESPONDENTS.

  • [G.R. No. 173326 : December 15, 2010] SOUTH COTABATO COMMUNICATIONS CORPORATION AND GAUVAIN J. BENZONAN, PETITIONERS, VS. HON. PATRICIA A. STO. TOMAS, SECRETARY OF LABOR AND EMPLOYMENT, ROLANDO FABRIGAR, MERLYN VELARDE, VINCE LAMBOC, FELIPE GALINDO, LEONARDO MIGUEL, JULIUS RUBIN, EDEL RODEROS, MERLYN COLIAO AND EDGAR JOPSON, RESPONDENTS.

  • [G.R. No. 173081 : December 15, 2010] ERNESTO MARCELO, JR. AND LAURO LLAMES, PETITIONERS, VS. RAFAEL R. VILLORDON, ASSISTANT CITY PROSECUTOR OF QUEZON CITY, RESPONDENT.

  • [G.R. No. 180979 : December 15, 2010] NATIONAL POWER CORPORATION, PETITIONER, VS. TERESITA DIATO-BERNAL, RESPONDENT.

  • [G.R. No. 182645 : December 15, 2010] IN THE MATTER OF THE HEIRSHIP (INTESTATE ESTATES) OF THE LATE HERMOGENES RODRIGUEZ, ANTONIO RODRIGUEZ, MACARIO J. RODRIGUEZ, DELFIN RODRIGUEZ, AND CONSUELO M. RODRIGUEZ AND SETTLEMENT OF THEIR ESTATES, RENE B. PASCUAL, PETITIONER, VS. JAIME M. ROBLES, RESPONDENT.

  • [G.R. No. 173798 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RENE CELOCELO, ACCUSED-APPELLANT.

  • [G.R. No. 171717 : December 15, 2010] RAMON B. BRITO, SR., PETITIONER, VS. SEVERINO D. DIANALA, VIOLETA DIANALA SALES, JOVITA DIANALA DEQUINTO, ROSITA DIANALA, CONCHITA DIANALA AND JOEL DEQUINTO, RESPONDENTS.BR>

  • [A.C. No. 7907 : December 15, 2010] SPOUSES VIRGILIO AND ANGELINA ARANDA, PETITIONERS, VS. ATTY. EMMANUEL F. ELAYDA, RESPONDENT.

  • [G.R. No. 184177 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ANDRES C. FONTILLAS ALIAS "ANDING," ACCUSED-APPELLANT.

  • [G.R. No. 188637 : December 15, 2010] ARNALDO G. GABUNAS, SR., PETITIONER, VS. SCANMAR MARITIME SERVICES INC., MR. VICENTE BRILLANTES AND IUM SHIP MANAGEMENT, RESPONDENTS.

  • [G.R. Nos. 169965-66 : December 15, 2010] CARLOS V. VALENZUELA, PETITIONER, VS. CALTEX PHILIPPINES, INC., RESPONDENT.

  • [G.R. Nos. 169965-66 : December 15, 2010] CARLOS V. VALENZUELA, PETITIONER, VS. CALTEX PHILIPPINES, INC., RESPONDENT.

  • [G.R. No. 174570 : December 15, 2010] ROMER SY TAN, PETITIONER, VS. SY TIONG GUE, FELICIDAD CHAN SY, SY CHIM, SY TIONG SAN, SY YU BUN, SY YU SHIONG, SY YU SAN, AND BRYAN SY LIM, RESPONDENTS.

  • [G.R. No. 182367 : December 15, 2010] CHERRYL B. DOLINA, PETITIONER, VS. GLENN D. VALLECERA, RESPONDENT.

  • [G.R. No. 189301 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE PEPITO D. COMBATE A.K.A. "PEPING," ACCUSED-APPELLANT.

  • [G.R. No. 186091 : December 15, 2010] EMMANUEL BABAS, DANILO T. BANAG, ARTURO V. VILLARIN, SR., EDWIN JAVIER, SANDI BERMEO, REX ALLESA, MAXIMO SORIANO, JR., ARSENIO ESTORQUE, AND FELIXBERTO ANAJAO, PETITIONERS, VS. LORENZO SHIPPING CORPORATION, RESPONDENT

  • [G.R. No. 152423 : December 15, 2010] SPOUSES MARCOS R. ESMAQUEL AND VICTORIA SORDEVILLA, PETITIONERS, VS. MARIA COPRADA, RESPONDENT.

  • [G.R. No. 174251 : December 15, 2010] RAUL PALOMATA, PETITIONER, VS. NESTOR COLMENARES AND TERESA GURREA, RESPONDENTS.

  • [G.R. No. 175595 : July 28, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. TEDDY MAGAYON, ACCUSED-APPELLANT.

  •  





     
     

    G.R. Nos. 179282-83 : December 1, 2010  MICHAEL SYIACO, Petitioner, v. EUGENE ONG, Respondent.

     

    SECOND DIVISION

    G.R. Nos. 179282-83 : December 1, 2010

    MICHAEL SYIACO, Petitioner, v. EUGENE ONG, Respondent.

    DECISION

    NACHURA, J.:

    This is a petition for review on certiorari under Rule 45 of the Rules of Court filed by petitioner Michael Syiaco against respondent Eugene Ong, seeking to reverse and set aside the Court of Appeals (CA) Decision1 dated May 22, 2007 and Resolution2 dated August 14, 2007 in CA-G.R. SP Nos. 86680 and 87253.

    The factual and procedural antecedents are as follows:chanroblesvirtuallawlibrary

    Respondent was the President, while petitioner was the Chairman of the Board of Directors of Trans-Asia Securities, Inc. (Trans-Asia), a brokerage firm. Petitioner engaged the services of respondent, together with Trans-Asia's Chief Accountant Christina Dam (Dam), to purchase on his behalf 300,000,000 shares of stock of Palawan Oil and Gas Exploration (Palawan Oil), now iVantage, Equities, Inc. (iVantage), for P3,000,000.00 and 25,000 shares of stock of Equitable Banking Corporation (EBC) for P2,832,500.00. In payment of the purchase price, petitioner purportedly issued several checks made payable to the account of Trans-Asia, and drawn against Rizal Commercial Banking Corporation.3 Despite full payment, respondent allegedly refused to deliver to petitioner the certificates of stock covering the same.4cra

    In view of respondent's continued refusal to deliver the subject certificates despite demand, petitioner filed a criminal complaint against respondent and Dam for estafa through misappropriation or conversion under Article 315(1)(b) of the Revised Penal Code on March 9, 1998.5 The case was docketed as I.S. No. 98C-10653.

    In his defense, respondent claimed that he delivered the certificates of stock of Palawan Oil to petitioner's sister, Haling Chua (Chua), in her office at the Philippine Stock Exchange, as requested by petitioner. As to the EBC shares, respondent maintained that there were still matters about said shares that needed to be cleared. Dam, for her part, denied any participation in the commission of the alleged estafa. She claimed that she was a mere accountant of Trans-Asia and, as such, her duties did not involve the recording of stock transactions or the custody and delivery of its stock certificates.6cra

    On July 15, 1998, the City Prosecutor of Manila dismissed the complaint against respondent and Dam. This was affirmed by the Department of Justice (DOJ) in a resolution dated October 26, 1998, and subsequently affirmed by the CA in a Decision7 dated October 31, 2000 in CA-G.R. SP No. 55522. The CA held that the element of conversion or misappropriation was not duly proven by petitioner. The appellate court noted that the checks were issued for the account of Trans-Asia, and that there was no showing how the money was converted by respondent and Dam to their personal use. The CA Decision became final and executory.8cra

    Notwithstanding the finality of the CA Decision, petitioner refiled the case by instituting two criminal complaints against respondent and Dam for estafa through misappropriation or conversion. The first complaint, filed on August 27, 2001 and docketed as I.S. No. 01H-34490, pertained to the transactions involving the Palawan Oil shares, while the second complaint, filed on January 7, 2003 and docketed as I.S. No. 03A-00194, involved the EBC shares.9 The refiling of the complaints was purportedly based on the following newly discovered evidence:chanroblesvirtuallawlibrary

    1) The letters issued by the Corporate Secretary and Stock and Transfer Agent of iVantage Equities, Inc. (formerly Palawan Oil) stating that complainant [petitioner herein] and his brother are not in the list of stockholders of iVantage Equities, Inc.

    2) The Affidavit of Margarita dela Cruz, Trans-Asia's former Assistant Vice-President, stating that she does not remember having signed any check/s against Trans-Asia's account issued to and made payable to Palawan Oil or iVantage Securities or to Equitable Banking Corporation as payment for the shares of stocks bought for the private respondent.

    3) The Minutes of Stockholders and Directors' Meeting of Trans-Asia, held on April 30, 1998, authorizing petitioner to sign all stock certificates and documents for any and all transactions consistent with the purpose of Trans-Asia Securities, Inc., so that according to private respondent, even if his money is still in the coffers of Trans-Asia, still, it is only petitioner who has access thereto considering that he has been designated as the sole signatory to all transactions of Trans-Asia.

    4) The Affidavit of Haling Chua, denying receipt from [respondent] of any stock certificates of Palawan Oil Shares or any document representing the 300,000,000 Palawan Oil Shares bought by [petitioner].10cra

    In a resolution11 dated September 2, 2002, the Office of the Chief State Prosecutor (OCSP), in I.S. No. 01H-34490, involving the Palawan Oil shares, dismissed the complaint with respect to Dam, but found probable cause to indict respondent for estafa through misappropriation or conversion. On motion for reconsideration, the OCSP reversed and set aside its resolution on January 10, 2003. On appeal, however, the Secretary of Justice recommended that respondent be indicted for the crime of estafa involving the Palawan Oil shares.12cra

    Meanwhile, in I.S. No. 03A-00194 involving the EBC shares, the OCSP dismissed the complaint in a Resolution dated January 15, 2004. The Prosecutor found that the pieces of evidence which petitioner presented were not newly discovered to warrant the reopening of the case. The resolution, however, was reversed by the DOJ, which recommended that respondent be likewise indicted for the crime of estafa involving the EBC shares.13cra

    In view of the DOJ resolutions, respondent was constrained to institute petitions for certiorari before the CA, docketed as CA-G.R. SP No. 86680 and CA-G.R. SP No. 87253, which were later consolidated as they involved the same parties and issues.

    On May 22, 2007, the CA rendered a Decision in favor of respondent, the dispositive portion of which reads:chanroblesvirtuallawlibrary

    WHEREFORE, the Petitions for Certiorari in CA-G.R. SP No. 86680 and CA-G.R. SP No. 87253are GRANTED. The assailed Resolutions dated May 5, 2004, July 5, 2004, July 28, 2004 and August 27, 2004, issued by public respondent Department of Justice in I.S. No. 01H-34490 and I.S. No. 03A-00194, respectively, are declared NULL AND VOID. The criminal complaints filed against petitioner subject of the said Resolutions, are ordered DISMISSED.

    SO ORDERED.14cra

    The CA focused on the determination of whether the pieces of evidence might be regarded as newly discovered, and found that they were not. It explained that the alleged newly discovered pieces of evidence were already existing and could have been easily produced by petitioner. It added that petitioner failed to show that he exercised reasonable diligence in procuring the subject pieces of evidence. Therefore, they could not qualify as newly discovered and, thus, will not justify the filing of new criminal cases against respondent. In that light, the CA concluded that the DOJ gravely abused its discretion in allowing the refiling of the estafa cases against respondent on the basis of the subject newly discovered pieces of evidence.15 The CA later denied petitioner's motion for reconsideration for lack of merit.

    Aggrieved, petitioner comes before the Court in this Petition for Review on Certiorari, raising the following issues:chanroblesvirtuallawlibrary

    First. The Court of Appeals [Former Twelfth Division] gravely erred when it applied the rule on "newly discovered evidence" as enunciated in the case of Amarillo v. Sandiganbayan [396 SCRA 434] [2003] which rules would apply only for the purpose of reopening a case and granting new trial.

    Second. The Court of Appeals [Former Twelfth Division] gravely erred in finding that Petitioner Syiaco did not exercise reasonable diligence in procuring the subject pieces of evidence before or during the trial of the first Estafa case.

    Third. The Court of Appeals [Former Twelfth Division] gravely erred in finding that the Department of Justice acted with grave abuse of discretion amounting to lack of or excess of jurisdiction when it allowed the re-filing of the Estafa cases against Respondent Ong on the basis of the subject evidence.16cra

    Petitioner faults the CA for applying the requisites of "newly discovered evidence" laid down in Amarillo v. Sandiganbayan,17cralaw as the doctrine allegedly applies only to the reopening of a case and to the granting of a prayer for a new trial.18 He adds that, in nullifying the DOJ resolutions, the CA usurped the investigatory and prosecutory powers granted to the executive branch of the government.19 Lastly, petitioner states that, contrary to the findings of the CA, he exercised reasonable diligence in procuring the subject pieces of evidence before and during the pendency of the first estafa case.20cra

    We find no merit in the petition.

    The petition focuses on the issue of whether the pieces of evidence presented by petitioner to support the filing of the new estafa cases are newly discovered. The question of whether the pieces of evidence are newly discovered has two aspects: a temporal one, i.e., when the evidence was discovered, and a predictive one, i.e., when should or could it have been discovered.21cra

    Under the Rules of Court, the requisites for "newly discovered evidence" are: 1) the evidence was discovered after trial (in this case, after investigation); 2) such evidence could not have been discovered and produced during the trial even with the exercise of reasonable diligence; and 3) it is material, not merely cumulative, corroborative, or impeaching, and is of such weight that, if admitted, will probably change the judgment.22cra

    In the case at bar, the foregoing requisites are not present. Although the letter of iVantage and the affidavits of Chua and Margarita dela Cruz (Dela Cruz) were dated after the investigation in the first estafa case, still, they do not qualify as newly discovered. In order that a particular piece of evidence may be properly appreciated as newly discovered, what is essential is not so much the time when the evidence first came into existence or the time when it first came to the knowledge of the party now submitting it. What is essential is that the offering party had exercised reasonable diligence in trying to locate such evidence before or during trial (or investigation), but had nonetheless failed to secure it.23 The Rules does not contain an exact definition of due diligence. It is often equated with "reasonable promptness to avoid prejudice to the defendant." It has both a time component and a good faith component. It contemplates a situation where the party acts reasonably and in good faith to obtain evidence, in light of the totality of the circumstances and the facts known to him.24 Applying the foregoing tests, we find that petitioner's purported pieces of evidence do not qualify as newly discovered.

    As to the letter of iVantage saying that petitioner was not included in the list of its stockholders, petitioner failed to explain why no such verification was done at the first opportunity. Considering that the subject certificates of stock could not be located, it would have been prudent to immediately verify from the company where the stocks were purportedly acquired. Clearly, petitioner was remiss in exercising reasonable diligence to secure the document.

    More importantly, petitioner failed to sufficiently explain why Chua and Dela Cruz belatedly executed their affidavits. Chua is petitioner's sister, while Dela Cruz is one of the officers of Trans-Asia. We cannot fathom why it took petitioner such a long time before he could make them execute their sworn statements. There was no showing of Chua's and Dela Cruz's unavailability at the time of the investigation of the first estafa case. As aptly held by the CA, petitioner did not exercise reasonable diligence in discovering and producing the above documents. Hence, the documents are not "newly discovered pieces of evidence."

    Assuming that the documents could not have been reasonably produced during the investigation, still, they will not qualify as newly discovered pieces of evidence because they were not material to the issue. It was admitted by petitioner that the checks (allegedly intended for the payment of the purchased stocks) were issued for the account of Trans-Asia and not for the account of respondent. It is likewise undisputed that any two signatures of either petitioner, respondent, or Dela Cruz were needed for any of Trans-Asia's transactions. Dela Cruz's affidavit even strengthened respondent's claim that it was impossible for the latter to misappropriate the funds, as his signature was not sufficient to withdraw the amount from Trans-Asia's account.

    Not even the Minutes of the Stockholders' meeting of Trans-Asia, designating respondent as the sole signatory, altered the court's conclusion in the first estafa case that there was no misappropriation or conversion. The fact remains that the checks were issued by petitioner for the account of Trans-Asia, and no withdrawal could be made by respondent alone because two signatures were required to effect any withdrawal. The Minutes actually shows that the stockholders' action was made long after the alleged acts of misappropriation or conversion. Petitioner would insinuate that, even if the claimed amounts are still in Trans-Asia's account, it is possible for respondent to convert them to his personal use because he was designated as the sole signatory to the company's transactions. This expresses merely a possibility and does not show any act of conversion or misappropriation that would constitute the crime of estafa. At most, it only shows a speculation or conjecture, which carries no weight in the determination of the existence of probable cause.

    Based on the foregoing, the CA did not err in nullifying the DOJ resolutions allowing the refiling of the two estafa cases. While it is true that in reviewing the findings of the DOJ, the settled rule is that the determination of probable cause is an executive function, one that properly pertains at the first instance to the public prosecutor and, ultimately, to the Secretary of Justice.25 For this reason, the Court leaves the DOJ ample latitude of discretion in the determination of what constitutes sufficient evidence to establish probable cause for the prosecution of supposed offenders.26 Courts are not empowered to substitute their judgment for that of the executive branch; they may, however, look into the question of whether such exercise has been made in grave abuse of discretion.27 In looking into the records of the case, the CA found and concluded that the DOJ gravely abused its discretion in allowing the refiling of the case. We find no reason to depart from such conclusion.

    WHEREFORE, premises considered, the petition is DENIED. The Court of Appeals Decision dated May 22, 2007 and Resolution dated August 14, 2007 in CA-G.R. SP Nos. 86680 and 87253 are AFFIRMED.

    SO ORDERED.

    ANTONIO EDUARDO B. NACHURA
    Associate Justice

    WE CONCUR:

    ANTONIO T. CARPIO
    Associate Justice
    Chairperson

    DIOSDADO M. PERALTA
    Associate Justice

    ROBERTO A. ABAD
    Associate Justice

    JOSE CATRAL MENDOZA
    Associate Justice

    A T T E S T A T I O N

    I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

    ANTONIO T. CARPIO
    Associate Justice
    Chairperson, Second Division

    C E R T I F I C A T I O N

    Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

    RENATO C. CORONA
    Chief Justice



    cralaw Endnotes:

    1 Penned by Associate Justice Aurora Santiago-Lagman, with Associate Justices Bienvenido L. Reyes and Apolinario D. Bruselas, Jr., concurring; rollo, pp. 547-557.

    2 Id. at 594-598.

    3 Id. at 548-549.

    4 Id. at 242.

    5 Id. at 549.

    6 Id.

    7 Penned by Associate Justice Angelina Sandoval Gutierrez (now a retired member of this Court), with Associate Justices Portia Aliño-Hormachuelos and Elvi John S. Asuncion, concurring; id. at 192-202.

    8 Id. at 550.

    9 Id.

    10 Id. at 551.

    11 Id. at 241-251.

    12 Id. at 552.

    13 Id.

    14 Id. at 556-557.

    15 Id. at 555-556.

    16 Id. at 30.

    17 444 Phil. 487 (2003).

    18cralaw Rollo, pp. 31-34.

    19 Id. at 38-42.

    20 Id. at 38.

    21cralaw Dinglasan, Jr. v. Court of Appeals, G.R. No. 145420, September 19, 2006, 502 SCRA 253, 268; Brig. Gen. Custodio v. Sandiganbayan, 493 Phil. 194, 206 (2005).

    22cralaw Quintin B. Saludaga and SPO2 Fiel E. Genio v. The Honorable Sandiganbayan, 4th Division, and the People of the Philippines, G.R. No. 184537, April 23, 2010; Amarillo v. Sandiganbayan, supra note 17, at 497.

    23cralaw Custodio v. Sandiganbayan, supra note 21, at 206.

    24 Id.

    25cralaw United Coconut Planters Bank v. Looyuko, G.R. No. 156337, September 28, 2007, 534 SCRA 322, 330.

    26cralaw First Women's Credit Corporation v. Perez, G.R. No. 169026, June 15, 2006, 490 SCRA 774, 777.

    27cralaw United Coconut Planters Bank v. Looyuko, supra note 25, at 331.

    G.R. Nos. 179282-83 : December 1, 2010  MICHAEL SYIACO, Petitioner, v. EUGENE ONG, Respondent.




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