Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2010 > October 2010 Decisions > G.R. No. 191064 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROLANDO ARANETA y ABELLA @ BOTONG and MARILOU SANTOS y TANTAY @ MALOU, Accused-Appellants.:





 

SECOND DIVISION

G.R. No. 191064 : October 20, 2010

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROLANDO ARANETA y ABELLA @ BOTONG and MARILOU SANTOS y TANTAY @ MALOU, Accused-Appellants.

D E C I S I O N

MENDOZA, J.:

This is an appeal from the August 29, 2008 Decision1cra1aw of the Court of Appeals (CA), in CA-G.R. CR-H.C. No. 02308, which affirmed the March 12, 2004 Decision2cra1aw of the Regional Trial Court, Branch 151, Pasig City (RTC), finding the accused guilty beyond reasonable doubt for violating Section 5 and Section 11 of Article II of Republic Act No. 9165, otherwise known as the "Comprehensive Drugs Act of 2002."

Criminal informations were filed in the RTC against Rolando Araneta y Abella a.k.a. "Botong" for Violation of Section 8 and Section 16 of R.A. No. 6425 (Dangerous Drugs Act of 1972), as amended, in addition to the Information filed against him and co-accused Marilou Santos y Tantay a.k.a. "Malou" for Violation of Section 15, Article III in relation to Section 21, Article IV of R.A. 6425, as amended. In view of the enactment of R.A. No. 9165 (Comprehensive Drugs Act of 2002), the original informations were amended accordingly. The said Informations read:chanroblesvirtualawlibrary

Criminal Case No. 11491-D

People vs. Araneta & Santos

(For Violation of Sec. 5 in relation to Sec. 26, Art. II, R.A. 9165)

On or about July 5, 2002 in Pasig City, and within the jurisdiction of this Honorable Court, the above accused, conspiring and confederating together and both of them mutually helping and aiding one another, not being lawfully authorized to sell, dispense, transport or distribute any dangerous drug, did then and there willfully, unlawfully and feloniously sell, deliver and give away to PO2 Danilo S. Damasco, a police poseur buyer, one (1) heat-sealed transparent plastic sachet containing white crystalline substance weighing of (sic) eight (8) centigrams (0.08 gram), which was found positive to the test for metamphetamine hydrochloride, a dangerous drug, in violation of said law.

Contrary to Law.

Criminal Case No. 11492-D
People vs. Araneta
(For Violation of Sec. 11, Art. II, R.A. 9165)

On or about July 5, 2002, in Pasig City, and within the jurisdiction of this Honorable Court, the accused, not being lawfully authorized to use or possess any dangerous drug, did then and there willfully, unlawfully and feloniously have in his possession and under his custody and control one (1) heat-sealed transparent plastic sachet containing 1.22 grams of dried marijuana fruiting tops, which was found positive to the test for marijuana, a dangerous drug, and eight (8) heat-sealed transparent plastic sachets containing white crystalline substance with the following recorded net weight, to wit:chanroblesvirtualawlibrary

1) Exh. B1 RAA/070502 0.07 gram;

2) Exh. B2 RAA/070502 0.10 gram;

3) Exh. B3 RAA/070502 0.08 gram;

4) Exh. B4 RAA/070502 0.07 gram;

5) Exh. B5 RAA/070502 0.08 gram;

6) Exh. B6 RAA/070502 0.04 gram;

7) Exh. B7 RAA/070502 0.06 gram;

8) Exh. B8 RAA/070502 0.09 gram

or having a total weight of 0.59 gram, which were found positive to the test for methamphetamine hydrochloride, a dangerous drug, in violation of the said law.

Contrary to Law.

The prosecutions evidence was summarized in the CA decision as follows:chanroblesvirtualawlibrary

On July 5, 2002, between 3:00 and 3:30 oclock in the morning, a confidential informant arrived at the Station Drug Enforcement Unit (SDEU) of the Pasig City Police Station to report to Officer-In-Charge SP04 Numeriano de Lara the alleged peddling of illegal drugs of live-in couple Botong and Malou, later identified as appellants Rolando Araneta y Abella and Marilou Santos y Tantay, at Barangay Putol, Rosario, Pasig City. SPO4 de Lara immediately formed a team composed of SPO2 Dante Zigapan who acted as the team leader, PO2 Danilo Damasco, PO1 Orig, and PO1 Bede Montefalcon, to confirm the veracity of the informants report and conduct a buy-bust operation. Before dispatching the team, SPO4 de Lara briefed them as to the alleged illegal activities of the couple and gave their description.

SPO2 Zigapan designated PO2 Damasco as the poseur-buyer giving him a marked P100 bill to be used in the entrapment. The team proceeded to the target area on board two vehicles. SPO2 Zigapan, Montefalcon and the informant were in one vehicle while PO2 Damasco and PO1 Orig were together in the other vehicle.

The team arrived at the target place around 4:10 in the morning. They positioned themselves some 20-30 meters from the alley where appellants were allegedly staying. SPO2 Zigapan gave instructions to the informant to locate the appellants. After several minutes, the informant came back and confirmed the presence of appellants at ROTC Street, Putol, Bgy. Rosario, Pasig City. Thereafter, the team proceeded to the said location.

PO2 Damasco and the informant went near the appellants who were standing just outside their house. The informant and appellants exchanged greetings. After a short conversation, Botong went inside their house. The informant introduced PO2 Damasco to Malou by saying, "I-score itong kaibigan ko. Baka meron ka dyan." Malou then asked PO2 Damasco, "I-score ka na ba." After Malou asked PO2 Damasco, "Magkano," the latter immediately gave her the marked P100 bill.

Malou called Botong and when the latter came out, Malou handed to him the marked money. Botong then gave Malou a plastic sachet which she handed to PO2 Damasco.

After examining the plastic sachet, PO2 Damasco immediately gave the pre-arranged signal to the other members of the team who thereafter rushed to the scene. PO2 Damasco arrested Malou while SPO2 Zigapan arrested Botong.

SPO2 Zigapan recovered from Botong the marked P100 bill and after frisking him, the police officer found in Botongs pocket one plastic sachet of what looked like marijuana and eight plastic sachets containing white crystalline substance. PO2 Damasco immediately placed "RAA" and the date July 5, 2002 on the plastic sachet he brought from Malou and the plastic sachets confiscated by SPO2 Zigapan from Botong.

At the police station, PO2 Damasco prepared the written request for a laboratory examination of the confiscated plastic sachets. Together with the request, the plastic sachets were brought by PO1 Orig to the crime laboratory. The laboratory tests gave a positive result of the presence of methampethamine hydrochloride or what is locally known as shabu on the contents of nine (9) sachets and marijuana on one (1) sachet.

The evidence for the accused was summarized by the CA as follows:chanroblesvirtualawlibrary

Between 3:30 to 4:30 oclock in the morning of July 5, 2006, accused Rolando Araneta together with his live-in partner and co-accused Marilou Santos were sleeping on the ground floor of their rented apartment, when they were suddenly awakened by a loud noise coming from the upstairs. Rolando immediately stood up and tried to go up the stairs. That was when he met a man who introduced himself as a policeman. The man likewise pointed a gun to him and told him not to move. He was then instructed to sit down, to which he acceded. Thereafter, the man went near the door of his house and opened the same. Suddenly, four (4) other policemen went inside. One of the policemen went inside the comfort room and looked for somebody. Later, he heard the said policeman utter, "Nobody is here." One of the policemen then approached Rolando and asked him the whereabouts of a certain Teng. Rolando answered that he did not know Teng and that there was no other person inside the house except for him and his wife Marilou.

The police operatives searched his house. They however found nothing illegal inside his house. After the search, the police operatives invited Rolando and Marilou to come with them to the precinct to answer some questions. Thereat, the police operatives informed them that they are being charged for their involvement in illegal drug activities, which they vehemently denied. PO2 Damasco, however, told them that if they wanted to be released, Rolando and Marilou must pay P20,000.00 each. When Rolando declined to give said amount, the police operatives filed the instant cases against them. (TSN, June 23, 2003, pp. 2-8)

In the early morning of July 5, 2003, accused-appellant Marilou Santos and her live-in partner Rolando were sleeping when they were awakened by a noise coming from the second floor of their house. Rolando tried to go upstairs to find out what happened, but he met a man who instantly poked a gun at him. Marilou tried to stand up but the policeman told her, "Stay there, dont move." Thereafter the police shoved them near the chair. He also asked Rolando the whereabouts of Teng but the former answered that nobody by the name of Teng lived there. While still poking the gun on them, the policeman opened the door of their house. Five (5) policemen then entered and conducted a search.

After the search, the policemen brought them to the police station. Thereat, PO2 Damasco asked them several questions. Moments later, the policeman got something from the drawer and told them that those articles belong to them. Marilou denied that the said articles belong to them since the policemen did not recover anything from them during the search. Despite her denial, they were still charged with Violations of Sections 15, 16 and 8 of Republic Act 9165. After a while, PO2 Damasco demanded P20,000.00 from them in exchange for their release. As they were innocent, Marilou refused to give said amount, prompting the police operatives to formally charge them. (TSN, July 23, 2003, p. 3)

In the early morning of July 5, 2002, Marian Rodriguez was outside the alley in ROTC, Rosario, Pasig City when she saw both accused going out of the alley accompanied by five (5) men. The accused and the five (5) men passed in front of Marian. She hesitated to follow the group. Since then Marian never saw the accused again. (TSN, September 10, 2003, pp. 3-4).

In its March 12, 2004 Decision, the RTC found the accused guilty beyond reasonable doubt and sentenced them accordingly, as follows:chanroblesvirtualawlibrary

WHEREFORE, the Court renders judgment, as follows:chanroblesvirtualawlibrary

1) In Criminal Case No. 11491-D, the Court finds accused Rolando Araneta y Abella @ Botong and accused Marilou Santos y Tantay A Malou GUILTY beyond reasonable doubt of violation of Sec. 5 in relation to Sec. 26, Art. II of R.A. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and imposes upon them the penalty of LIFE IMPRISONMENT and to pay a fine P500, 000.00 each; and

2) In Criminal Case No. 11492-D (which absorbed Criminal Case No. 11490-D), the Court finds accused Rolando Araneta y Abella @Botong GUILTY beyond reasonable doubt of violation of Sec. 11, Art. II of R.A. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and imposes upon him the penalty of imprisonment of from Twelve (12) years and One (1) day to Twenty (20) years and to pay a fine of P300, 000.00. Considering that the accused is a detention prisoner, he shall be credited with the period of his detention during his preventive imprisonment.

x x x           x x x          x x x

SO ORDERED.

The RTC ruled that all the elements for the prosecution of the illegal sale of dangerous drugs were present during the buy-bust operation conducted by the police officers. These were: 1) the identity of the buyer and the seller; 2) the object of the sale and the consideration; and 3) the delivery of the thing sold and payment therefor.

Furthermore, the RTC held that the defense of denial, frame-up, forcible entry, and extortion could not prevail over the positive identification by the prosecution witnesses. It noted that accused Rolando Araneta was not candid enough to inform the court that no less than eight (8) criminal cases were previously filed against him in different courts for violation of the Dangerous Drugs Law. Nevertheless, out of eight (8) criminal cases filed against him, he admitted that one resulted in a conviction and two other cases were dismissed. The other cases were then still pending trial.

Aggrieved, the accused appealed to the CA arguing that: 1) the RTC erred in not finding that they were illegally arrested and, as such, the sachets of shabu allegedly recovered from them were inadmissible in evidence; and 2) the RTC erred in finding them guilty beyond reasonable doubt of the crime charged because the testimonies of the prosecution witnesses were replete with inconsistencies and contradictions.

On August 29, 2008, the CA rendered the subject decision affirming the decision of the RTC.

In arriving at said determination, the CA applied the "objective test" in buy-bust operations laid down in the case of People v. Doria, 301 SCRA 668, 698-699.3cra1aw The CA ruled that the prosecution evidence met the standard for the "objective test" through the testimony of its witness, PO2 Danilo Damasco, who acted as poseur-buyer and who related how the informant introduced him to the accused; how the transaction was consummated through the exchange of marked money and the sachet of shabu; and how the accused was arrested by the entrapment team.

The CA noted that the accused were arrested in flagrante delicto and that other contraband materials were recovered from them during the ensuing search. It concluded that the corpus delicti was duly established.

Finally, the CA stated that the inconsistencies in the testimonies of the police officers were minor or inconsequential. The accused failed to adduce evidence to overthrow the presumption of regularity in the performance of duty in favor of the police officers. The accused likewise failed to show proof that the police officers did not properly perform their jobs or had ill motives against them. Moreover, their defense of denial and frame-up for extortion purposes was self-serving, negative evidence that was not entitled to be given greater weight than the declaration of credible witnesses who testified on affirmative matters.

In due time, the accused filed a motion for reconsideration stressing the inadmissibility of evidence due to their illegal arrest, and the inconsistency in the testimonies of prosecution witnesses. They also pointed out that the apprehending officers failed to establish that the corpus delicti (sachets of shabu or marijuana) were the very same ones sold by and seized from them. Additionally, they claimed that the apprehending team, who had initial custody over the confiscated drug items, failed to make an inventory and to photograph the same in their presence.

On August 24, 2009, the CA issued a resolution4cra1aw denying their motion for reconsideration. The CA ruled, among others, that the issues on the corpus delicti and the alleged failure of the apprehending team to make an inventory and to photograph the shabu and marijuana in the presence of the accused were new issues not raised in their appeal brief.

In their recourse to this Court, the accused presented only one

ISSUE

WHETHER OR NOT THE ACCUSED-APPELLANTS ARE GUILTY BEYOND REASONABLE DOUBT FOR VIOLATING SECTIONS 5 AND 11 OF ARTICLE II OF R.A. No. 9165, OTHERWISE KNOWN AS THE "COMPREHENSIVE DRUGS ACT OF 2002.

The accused argue that the evidence adduced by the prosecution was not able to establish without a doubt, that the dangerous drugs presented in court were the very same ones allegedly sold by them. They insist that the police officers failed to strictly abide by the requirements of the law as regards the proper custody of dangerous drugs seized in the course of the alleged buy-bust operation.

The prosecution stands firm by its position that the arrest of the accused and seizure of the shabu and marijuana were lawful and that the testimonies of the prosecution witnesses were truthful. In the absence of any credible evidence to the contrary, the police officers are presumed to have regularly performed their official duty. More importantly, all the elements necessary for the prosecution of the illegal sale of drugs are present, to wit: 1) the identity of the buyer and the seller, the object and consideration; and 2) the delivery of the thing sold and payment therefor.

The prosecution asserts that the accused cannot raise for the first time on appeal the issue on the alleged failure of the law enforcers to comply strictly with Section 21 of Republic Act No. 9165. At any rate, the prosecution believes that it has shown that the chain of custody of the seized items was not broken.

THE COURTS RULING:chanroblesvirtualawlibrary

After due consideration, the Court finds the evidence on record sufficient enough to sustain the verdict of conviction. It is morally convinced that the accused are guilty beyond reasonable doubt of the offense charged against them. The rule is that factual findings of the trial court, its calibration of the testimonies of the witnesses and its assessment of their probative weight are given high respect if not conclusive effect, unless the trial court ignored, misconstrued, misunderstood or misinterpreted cogent facts and circumstances of substance, which, if considered, will alter the outcome of the case.5cra1aw In this case, the CA found no such inculpatory facts and circumstances and this Court has not stumbled upon any either.

Doubtless, the prosecution was able to establish all the necessary elements required in the prosecution for illegal sale of dangerous drugs, namely: 1) the identity of the buyer and seller; 2) the identity of the object of the sale and the consideration; and 3) the delivery of the thing sold upon payment.

PO2 Danilo Damasco, (PO2 Damasco) the poseur-buyer, clearly and convincingly narrated in detail the entrapment operation they had conducted that led to the arrest of the accused and the seizure of the dangerous drugs. He related on the witness stand that upon receiving information from a confidential informant about the illegal sale of dangerous drugs by the accused, they immediately formed an entrapment team to conduct a buy-bust operation. Upon reaching the area in the early morning of July 5, 2002, he and the confidential informant approached the accused. After a brief introduction and short conversation, accused Botong went inside their house while accused Malou received the marked money from the poseur-buyer. Malou then called Botong who thereafter came out of the house. Malou gave the marked money to Botong who, in turn, gave Malou a plastic sachet containing a white crystalline substance. The plastic sachet was then handed over to PO2 Damasco who examined it and immediately gave the pre-arranged signal to arrest the accused. During the arrest, the marked money was recovered from Rolando and so were several other plastic sachets containing white crystalline substances together with a plastic sachet containing marijuana. Subsequently, the accused were brought to the police station and the seized items were later brought to the Police Crime Laboratory Office for examination.

The testimony of PO2 Damasco was corroborated by SPO2 Zipagan, the entrapment team leader, and SPO4 Numeriano De Lara, the entrapment team organizer.

Contrary to the posture of the accused, the testimony of PO2 Damasco was clear, consistent and convincing. As correctly assessed by the CA, his testimony passed the "objective test" in buy-bust operations.

We therefore stress that the "objective" test in buy-bust operations demands that the details of the purported transaction must be clearly and adequately shown. This must start from the initial contact between the poseur-buyer and the pusher, the offer to purchase, the promise or payment of the consideration until the consummation of the sale by the delivery of the illegal drug subject of the sale. The manner by which the initial contact was made, whether or not through an informant, the offer to purchase the drug, the payment of the "buy-bust" money, and the delivery of the illegal drug, whether to the informant alone or the police officer, must be the subject of strict scrutiny by courts to insure that law-abiding citizens are not unlawfully induced to commit an offense. Criminals must be caught but not at all cost. At the same time, however, examining the conduct of the police should not disable courts into ignoring the accuseds predisposition to commit the crime. If there is overwhelming evidence of habitual delinquency, recidivism or plain criminal proclivity, then this must also be considered. Courts should look at all factors to determine the predisposition of an accused to commit an offense in so far as they are relevant to determine the validity of the defense of inducement.6cra1aw [Emphasis supplied]

The Court looked into the accuseds defense of denial and accusations of frame-up, planting of evidence, forcible entry and extortion by the police officers but found them inherently weak. Aside from their bare allegations, the accused had nothing more to show that the apprehending police officers did not properly perform their duties or that they had ill motives against them. They failed to substantiate their argument that they were framed-up for extortion purposes.

Absent any convincing countervailing evidence, the presumption is that the members of the buy-bust team performed their duties in a regular manner. It was certainly a job well done. Hence, the Court gives full faith and credit to the testimonies of the prosecution witnesses.

The Court also holds that the seized items were admissible. A search warrant or warrant of arrest was not needed because it was a buy-bust operation and the accused were caught in flagrante delicto in possession of, and selling, dangerous drugs to the poseur-buyer. It was definitely legal for the buy-bust team to arrest, and search, them on the spot because a buy-bust operation is a justifiable mode of apprehending drug pushers. A buy-bust operation is a form of entrapment whereby ways and means are resorted to for the purpose of trapping and capturing the lawbreakers in the execution of their criminal plan. In this jurisdiction, the operation is legal and has been proven to be an effective method of apprehending drug peddlers, provided due regard to constitutional and legal safeguards is undertaken.7chanroblesvirtuallawlibrary

In People v. Villamin, involving an accused arrested after he sold drugs during a buy-bust operation, the Court ruled that it was a circumstance where a warrantless arrest is justified under Rule 113, Sec. 5(a) of the Rules of Court. The same ruling applies to the instant case. When carried out with due regard for constitutional and legal safeguards, it is a judicially sanctioned method of apprehending those involved in illegal drug activities. It is a valid form of entrapment, as the idea to commit a crime comes not from the police officers but from the accused himself. The accused is caught in the act and must be apprehended on the spot. From the very nature of a buy-bust operation, the absence of a warrant does not make the arrest illegal.

The illegal drugs seized were not the "fruit of the poisonous tree" as the defense would like this Court to believe. The seizure made by the buy-bust team falls under a search incidental to a lawful arrest under Rule 126, Sec. 13 of the Rules of Court, which pertinently provides:chanroblesvirtualawlibrary

A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant.

Since the buy-bust operation was established as legitimate, it follows that the search was also valid, and a warrant was likewise not needed to conduct it.8chanroblesvirtuallawlibrary

It should also be noted that after the RTC rendered a guilty verdict, the accused filed a motion for reconsideration based on two (2) grounds, to wit: 1) inadmissibility of the seized items; and 2) credibility of the prosecution witnesses. In the CA, they reiterated said grounds. After an unfavorable decision and ruling, the accused added two (2) new arguments in their motion for reconsideration, to wit: 1) the apprehending officers failed to establish that the corpus delicti (sachets of shabu or marijuana) were the very same ones sold by and seized from them; and 2) the apprehending team who had initial custody over the confiscated drug items failed to make an inventory and to photograph the same in their presence.

The Court totally agrees with the ruling of the CA that the issues on the corpus delicti and the compliance with Section 21 of RA No. 9165 were issues that were not raised by the accused in their appellants brief, and were only presented in their motion for reconsideration from the decision of the CA.

Hence, the Court cannot act, much less, rule on said new points. To do so would violate basic rules on fair play and due process. Thus:chanroblesvirtualawlibrary

We point out the defenses failure to contest the admissibility of the seized items as evidence during trial as this was the initial point in objecting to illegally seized evidence. At the trial, the seized shabu was duly marked, made the subject of examination and cross-examination, and eventually offered as evidence, yet at no instance did the appellant manifest or even hint that there were lapses in the safekeeping of seized items that affected their admissibility, integrity and evidentiary value. In People v. Hernandez, we held that objection to the admissibility of evidence cannot be raised for the first time on appeal; when a party desires the court to reject the evidence offered, he must so state in the form of objection. Without such objection, he cannot raise the question for the first time on appeal.9chanroblesvirtuallawlibrary

WHEREFORE, the August 29, 2008 Decision of the Court of Appeals, in CA-G.R. CR-H.C. No. 02308, is AFFIRMED.

SO ORDERED.

JOSE CATRAL MENDOZA
Associate Justice

WE CONCUR:

ANTONIO T. CARPIO
Associate Justice
Chairperson

ANTONIO EDUARDO B. NACHURA
Associate Justice
TERESITA J. LEONARDO-DE CASTRO*
Associate Justice

DIOSDADO M. PERALTA
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 Courts 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 Chairpersons 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 Courts Division.

RENATO C. CORONA
Chief Justice



cralaw Endnotes:

* Designated as an additional member in lieu of Justice Roberto A. Abad, per Special Order No. 905 dated October 5, 2010.

1cra1aw CA rollo, pp. 2-13. Penned by Associate Justice Lucas P. Bersamin (now a member of this Court) with Associate Justice Estella M. Perlas-Bernabe and Associate Justice Ramon M. Bato, Jr., concurring.

2cra1aw Id. at 22-28.

3cra1aw "We therefore stress that the "objective" test in buy bust operations demands that the details of the purported transaction must be clearly and adequately shown. This must start from the initial contact between the poseur-buyer and the pusher, the offer to purchase, the promise or payment of the consideration until the consummation of the sale by the delivery of the illegal drug subject of the sale. The manner by which the initial contact was made, whether or not through an informant, the offer to purchase the drug, the payment of the "buy-bust" money, and the delivery of the illegal drug, whether to the informant alone or the police officer, must be the subject of strict scrutiny by courts to insure that law-abiding citizens are not unlawfully induced to commit an offense. Criminals must be caught but not at all cost. At the same time, however, examining the conduct of the police should not disable courts into ignoring the accuseds predisposition to commit the crime. If there is overwhelming evidence of habitual delinquency, recidivism or plain criminal proclivity, then this must also be considered. Courts should look at all factors to determine the predisposition of an accused to commit an offense in so far as they are relevant to determine the validity of the defense of inducement."

4cra1aw CA rollo, pp. 176-177.

5cra1aw People v. Darlene Quigod Miranda, G.R. No. 186419, April 23, 2010.

6cra1aw People v. Joey Tion y Cabaddu, G.R. No. 172092, December 16, 2009, 608 SCRA 299; citing People v. Doria, 361 Phil. 595 (1999).

7cra1aw Supra note 5.

8cra1aw People v. Elizabeth Marcelino y Reyes, G.R. No. 189278, July 26, 2010.

9cra1aw People of the Philippines v. Sitti Domado, G.R. No. 172971, June 16, 2010.




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  • BANK OF COMMERCE, Petitioner, v. HON. ESTELA PERLAS-BERNABE, in her capacity as Presiding Judge of the REGIONAL TRIAL OF MAKATI CITY, BRANCH 142; BANCAPITAL DEVELOPMENT CORPORATION; and EXCHANGE CAPITAL CORPORATION, Respondents.cralaw

  • G.R. No. 171998 : October 20, 2010 ANAMER SALAZAR, Petitioner, v. J.Y. BROTHERS MARKETING CORPORATION, Respondent.cralaw

  • G.R. No. 170389 : October 20, 2010 COMMISSION OF INTERNAL REVENUE, Petitioner, v. AQUAFRESH SEAFOODS, INC., Respondent.cralaw

  • G.R. No. 152166 : October 20, 2010 ST. LUKE'S MEDICAL CENTER, INC. and ROBERT KUAN, Chairman, Petitioners, v. ESTRELITO NOTARIO, Respondent.cralaw

  • A.M. No. MTJ-10-1754 : October 20, 2010 (Formerly OCA I.P.I. No. 08-2090-MTJ) NARCISO BERNARDO, JR., Complainant, v. JUDGE PETER M. MONTOJO, Municipal Trial Court, Romblon, Respondent.cr

  • G.R. No. 187069 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO MAGPAYO, Defendant and Appellant.

  • G.R. No. 176212 : October 20, 2010 CENTURY SAVINGS BANK, Petitioner, v. SPOUSES DANILO T. SAMONTE and ROSALINDA M. SAMONTE, Respondents.cralaw

  • G.R. No. 151349 : October 20, 2010 LEANDRO M. ALCANTARA, Petitioner, v. THE PHILIPPINE COMMERCIAL AND INTERNATIONAL BANK, Respondent.cralaw

  • G.R. No. 191064 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROLANDO ARANETA y ABELLA @ BOTONG and MARILOU SANTOS y TANTAY @ MALOU, Accused-Appellants.

  • G.R. No. 186400 : October 20, 2010 CYNTHIA S. BOLOS, Petitioner, v. DANILO T. BOLOS, Respondent.cralaw

  • G.R. No. 183852 : October 20, 2010 CARMELA BROBIO MANGAHAS, Petitioner, v. EUFROCINA A. BROBIO, Respondent.cralaw

  • G.R. No. 178618 : October 11, 2010 MINDANAO SAVINGS AND LOAN ASSOCIATION, INC., represented by its Liquidator, THE PHILIPPINE DEPOSIT INSURANCE CORPORATION, Petitioner, v. EDWARD WILLKOM; GILDA GO; REMEDIOS UY; MALAYO BANTUAS, in his capacity as the Deputy Sheriff of Regional Trial Court, Branch 3, Iligan City; and the REGISTER OF DEEDS of Cagayan de Oro City, Respondent.cralaw

  • G.R. No. 174157 : October 20, 2010 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. McGEORGE FOOD INDUSTRIES, INC., Respondent.cralaw

  • G.R. No. 172635 : October 20, 2010 OFFICE OF THE OMBUDSMAN, Petitioner, v. PEDRO DELIJERO, JR., Respondent.cralaw

  • G.R. No. 190179 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDWARD R. FELICIANO, ANITA G. LAURORA, EDITHA C. MAGLALANG, MAY G. ESTRELLA, and ROMELITO G. RUELO, Accused, EDWARD R. FELICIANO and ANITA G. LAURORA,, Accused-Appellants.

  • G.R. No. 184850 : October 20, 2010 E.Y. INDUSTRIAL SALES, INC. and ENGRACIO YAP, Petitioners, v. SHEN DAR ELECTRICITY AND MACHINERY CO., LTD., Respondent.cralaw

  • G.R. No. 181900 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DEMETRIO SALAZAR, Accused-Appellant.

  • G.R. Nos. 175806 and 175810: October 20, 2010 MANUEL ALMAGRO joined by his spouse, ELIZABETH ALMAGRO, Petitioners, v. SALVACION C. KWAN, WILLIAM C. KWAN, VICTORIA C. KWAN, assisted by her husband, JOSE A. ARBAS, and CECILIA C. KWAN, Respondents. G.R. No. 175849 : October 20, 2010 MARGARITA PACHORO, DRONICA ORLINA, PIO TUBAT, JR., ANDRES TUBAT, EDUVIGIS KISKIS, ELSA BI�ALBER, NOELA TUBAT, ELSA TUBAT, and ROGELIO DURAN, Petitioners, v. WILLIAM C. KWAN, SALVACION C. KWAN, VICTORIA C. KWAN, assisted by her husband, JOSE A. ARBAS, and CECILIA C. KWAN, Respondents.

  • G.R. No. 175561 : October 20, 2010 SPOUSES IDA aka "MILAGROS" NIEVES BELTRAN and JOSE BELTRAN, Petitioners, v. ANITA R. NIEVES, represented by NELIA G. MORAN, Respondent.

  • G.R. No. 174329 : October 20, 2010 DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner, v. ENVIRONMENTAL AQUATICS, INC., LAND SERVICES AND MANAGEMENT ENTERPRISES, INC. and MARIO MATUTE Respondents.

  • G.R. No. 174212 : October 20, 2010 HITACHI GLOBAL STORAGE TECHNOLOGIES PHILIPPINES CORP. (formerly HITACHI COMPUTER PRODUCTS (ASIA) CORPORATION), Petitioner v. COMMISSIONER OF INTERNAL REVENUE Respondent.

  • G.R. No. 173021 : October 20, 2010 DELFIN LAMSIS, MAYNARD MONDIGUING, JOSE VALDEZ, JR. and Heirs of AGUSTIN KITMA, represented by EUGENE KITMA, Petitioners, v. MARGARITA SEMON DONG-E, Respondent.cralaw

  • G.R. No. 191938 : October 19, 2010 ABRAHAM KAHLIL B. MITRA, Petitioner, v. COMMISSION ON ELECTIONS, ANTONIO V. GONZALES and ORLANDO R. BALBON, JR., Respondents.cralaw

  • A.M. No. P-07-2358 : October 19, 2010 (Formerly A.M. No. 06-4-138-MTC) ISABEL D. MARQUEZ, Clerk of Court, Municipal Trial Court, Caba, La Union, Complainant, v. JOCELYN C. FERNANDEZ, Stenographer, Municipal Trial Court, Caba, La Union, Respondent.cralaw

  • A.M. No. P-08-2472 : October 19, 2010 [Formerly OCA IPI No. 07-2559-P] JUDGE JENNY LIND R. ALDECOA-A-DELORINO, Complainant, v. JESSICA B. ABELLANOSA, Court Stenographer III, Regional Trial Court, Makati City, Branch 137, Respondent.cralaw A.M. No. RTJ-08-2106 [Formerly OCA IPI No. 07-2737-RTJ] JESSICA B. ABELLANOSA, Court Stenographer III, Regional Trial Court, Makati City, Branch 137, Complainant, v. JUDGE JENNY LIND R. ALDECOA-DELORINO, Respondent.cralaw A.M. No. P-08-2420 [Formerly OCA IPI No. 07-2655-P] JESSICA B. ABELLANOSA, Court Stenographer III, Regional Trial Court, Makati City, Branch 137, Complainant, v. ROWENA L. RAMOS, COURT STENOGRAPHER III, Regional Trial Court, Makati City, Respondent.cralaw

  • A.M. No. 10-10-4-SC : October 19, 2010 Re: Letter of the UP Law Faculty entitled "Restoring Integrity: A Statement by the Faculty of the University of the Philippines College of Law on the Allegations of Plagiarism and Misrepresentation in the Supreme Court."

  • G.R. No. 190108 : October 19, 2010 DAVID E. SO, on behalf of his daughter MARIA ELENA SO GUISANDE, Petitioner, v. HON. ESTEBAN A. TACLA, JR., Regional Trial Court of Mandaluyong City, Branch 208; and DR. BERNARDO A. VICENTE, National Center for Mental Health, Respondents.cralaw

  • G.R. No. 166910 : October 19, 2010 ERNESTO B. FRANCISCO, JR. and JOSE MA. O. HIZON, Petitioners, v. TOLL REGULATORY BOARD, PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, MANILA NORTH TOLLWAYS CORPORATION, BENPRES HOLDINGS CORPORATION, FIRST PHILIPPINE INFRASTRUCTURE DEVELOPMENT CORPORATION, TOLLWAY MANAGEMENT CORPORATION, PNCC SKYWAY CORPORATION, CITRA METRO MANILA TOLLWAYS CORPORATION and HOPEWELL CROWN INFRASTRUCTURE, INC., Respondents.cralaw G.R. No. 169917 HON. IMEE R. MARCOS, RONALDO B. ZAMORA, CONSUMERS UNION OF THE PHILIPPINES, INC., QUIRINO A. MARQUINEZ, HON. LUIS A. ASISTIO, HON. ERICO BASILIO A. FABIAN, HON. RENATO "KA RENE" B. MAGTUBO, HON. RODOLFO G. PLAZA, HON. ANTONIO M. SERAPIO, HON. EMMANUEL JOEL J. VILLANUEVA, HON. ANIBAN NG MGA MANGGAGAWA SA AGRIKULTURA (AMA), INC., ANIBAN NG MGA MAGSASAKA, MANGINGISDA AT MANGGAGAWA SA AGRIKULTURA-KATIPUNAN, INC., KAISAHAN NG MGA MAGSASAKA SA AGRIKULTURA, INC., KILUSAN NG MANGAGAWANG MAKABAYAN, Petitioners, v. The REPUBLIC OF THE PHILIPPINES, acting by and through the TOLL REGULATORY BOARD, MANILA NORTH TOLLWAYS CORPORATION, PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, and FIRST PHILIPPINE INFRASTRUCTURE DEVELOPMENT CORP., Respondents.cralaw G.R. No. 173630 GISING KABATAAN MOVEMENT, INC., BARANGAY COUNCIL OF SAN ANTONIO, MUNICIPALITY OF SAN PEDRO, LAGUNA [as Represented by COUNCILOR CARLON G. AMBAYEC], and YOUNG PROFESSIONALS AND ENTREPRENEURS OF SAN PEDRO, LAGUNA Petitioners, v. THE REPUBLIC OF THE PHILIPPINES, acting through the TOLL REGULATORY BOARD (TRB), PHILIPPINE NATIONAL CONSTRUCTION CORPORATION (PNCC), Respondents.cralaw G.R. No. 183599 THE REPUBLIC OF THE PHILIPPINES, represented by the TOLL REGULATORY BOARD, Petitioner, v. YOUNG PROFESSIONALS AND ENTREPRENEURS OF SAN PEDRO, LAGUNA, Respondent.cralaw

  • G.R. No. 187032 : October 18, 2010 EDGARDO M. PANGANIBAN, Petitioner, v. TARA TRADING SHIPMANAGEMENT INC. AND SHINLINE SDN BHD, Respondents.cralaw

  • G.R. No. 187116 : October 18, 2010 ASSET BUILDERS CORPORATION, Petitioner, v. STRONGHOLD INSURANCE COMPANY, INCORPORATED, Respondent.cralaw

  • G.R. No. 191394 : October 18, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIA POLITICO y TICALA and EWINIE POLITICO y PALMA, Accused-Appellants.

  • G.R. No. 170073 : October 18, 2010 SPOUSES RAMY and ZENAIDA PUDADERA, Petitioners, v. IRENEO MAGALLANES and the late DAISY TERESA CORTEL MAGALLANES substituted by her children, NELLY M. MARQUEZ, ELISEO MAGALLANES and ANGEL MAGALLANES, Respondents.cralaw

  • G.R. No. 164757 : October 18, 2010 CEBU METRO PHARMACY, INC., Petitioner, v. EURO-MED LABORATORIES, PHILIPPINES, INC., Respondent.cralaw

  • G.R. No. 159230 : October 18, 2010 B.E. SAN DIEGO, INC., Petitioner, v. COURT OF APPEALS and JOVITA MATIAS, Respondents.cralaw

  • G.R. No. 189859 : October 18, 2010 PIO MODESTO and CIRILA RIVERA-MODESTO, Petitioners, v. CARLOS URBINA, substituted by the heirs of OLYMPIA MIGUEL VDA. DE URBINA (Surviving Spouse) and children, namely: ESCOLASTICA M. URBINA, ET AL., Respondents.cralaw

  • G.R. No. 170375 : October 13, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. HON. MAMINDIARA P. MANGOTARA, in his capacity as Presiding Judge of the Regional Trial Court, Branch 1, Iligan City, Lanao del Norte, and MARIA CRISTINA FERTILIZER CORPORATION, and the PHILIPPINE NATIONAL BANK, Respondents, G.R. No. 170505 LAND TRADE REALTY CORPORATION, Petitioner, v. NATIONAL POWER CORPORATION and NATIONAL TRANSMISSION CORPORATION (TRANSCO), Respondents, G.R. Nos. 173355-56 NATIONAL POWER CORPORATION, Petitioner, v. HON. COURT OF APPEALS (Special Twenty-Third Division, Cagayan de Oro City), and LAND TRADE REALTY CORPORATION, Respondents, G.R. No. 173401 REPUBLIC OF THE PHILIPPINES, Petitioner, v. DEMETRIA CACHO, represented by alleged Heirs DEMETRIA CONFESOR VIDAL and/or TEOFILO CACHO, AZIMUTH INTERNATIONAL DEVELOPMENT CORPORATION and LAND TRADE REALTY CORPORATION, Respondents.cralaw G.R. Nos. 173563-64 NATIONAL TRANSMISSION CORPORATION, Petitioner, v. HON. COURT OF APPEALS (Special Twenty-Third Division, Cagayan de Oro City), and LAND TRADE REALTY CORPORATION as represented by Atty. Max C. Tabimina, Respondents, G.R. No. 178779 LAND TRADE REALTY CORPORATION, Petitioner, v. DEMETRIA CONFESOR VIDAL and AZIMUTH INTERNATIONAL DEVELOPMENT CORPORATION, Respondents, G.R. No. 178894 TEOFILO CACHO and/or ATTY. GODOFREDO CABILDO, Petitioner, v. DEMETRIA CONFESOR VIDAL and AZIMUTH INTERNATIONAL DEVELOPMENT CORPORATION, Respondents.crala

  • G.R. No. 172394 : October 13, 2010 H. TAMBUNTING PAWNSHOP, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.cra

  • G.R. No. 191254 : October 13, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROEL "RUEL" SALLY, Accused-Appellant.

  • G.R. No. 184041 : October 13, 2010 ANICETO G. SALUDO, JR., Petitioner, v. SECURITY BANK CORPORATION, Respondent.cralaw

  • G.R. No. 184036 : October 13, 2010 PACIFIC REHOUSE CORPORATION, PACIFIC CONCORDE CORPORATION, MIZPAH HOLDINGS, INC., FORUM HOLDINGS CORPORATION, and EAST ASIA OIL COMPANY,INC., Petitioners, v. EIB SECURITIES, INC., Respondent.cralaw

  • G.R. No. 175862 : October 13, 2010 REAL BANK, INC., Petitioner, v. SAMSUNG MABUHAY CORPORATION, Respondent.cralaw

  • G.R. No. 173342 : October 13, 2010 ZAMBOANGA FOREST MANAGERS CORP., Petitioner, v. NEW PACIFIC TIMBER AND SUPPLY CO., ET AL., Respondent.cralaw

  • G.R. No. 161431 : October 13, 2010 CALIBRE TRADERS, INC., MARIO SISON SEBASTIAN, and MINDA BLANCO SEBASTIAN, Petitioners, v. BAYER PHILIPPINES, INC., Respondent.cralaw

  • G.R. No. 185814 : October 13, 2010 SHS PERFORATED MATERIALS, INC., WINFRIED HARTMANNSHENN, and HINRICH JOHANN SCHUMACHER, Petitioners, v. MANUEL F. DIAZ, Respondent.cralaw

  • G.R. No. 173822 : October 13, 2010 SALVADOR ATIZADO and SALVADOR MONREAL, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.cralaw

  • G.R. No. 157802 : October 13, 2010 MATLING INDUSTRIAL AND COMMERCIAL CORPORATION, RICHARD K. SPENCER, CATHERINE SPENCER, AND ALEX MANCILLA, Petitioners, v. RICARDO R. COROS, Respondent.cralaw

  • A.M. No. RTJ-05-1924 : October 13, 2010 (Formerly A.M. No. 04-10-568-RTC) RE: CASES SUBMITTED FOR DECISION BEFORE JUDGE DAMASO A. HERRERA, REGIONAL TRIAL COURT, BRANCH 24, BIAN, LAGUNA.

  • G.R. No. 188154 : October 13, 2010 LOURDES A. CERCADO, Petitioner, v. UNIPROM, INC., Respondent.cra

  • G.R. No. 183404 : October 13, 2010 BERRIS AGRICULTURAL CO., INC., Petitioner, v. NORVY ABYADANG, Respondent.cralaw

  • G.R. No. 180699 : October 13, 2010 BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. LABOR ARBITER RODERICK JOSEPH CALANZA, SHERIFF ENRICO Y. PAREDES, AMELIA ENRIQUEZ, and REMO L. SIA, Respondents.cralaw

  • G.R. No. 177881 : October 13, 2010 EMMANUEL C. VILLANUEVA, Petitioner, v. CHERDAN LENDING INVESTORS CORPORATION, Respondent.cra

  • G.R. No. 173463 : October 13, 2010 GLOBAL BUSINESS HOLDINGS, INC. (formerly Global Business Bank, Inc.), Petitioner, v. SURECOMP SOFTWARE, B.V., Respondent.

  • G.R. No. 177279 : October 13, 2010 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. HON. RAUL M. GONZALEZ, Secretary of Justice, L. M. CAMUS ENGINEERING CORPORATION (represented by LUIS M. CAMUS and LINO D. MENDOZA), Respondents.crala

  • A.M. No. RTJ-07-2076 : October 12, 2010 OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw A.M. No. RTJ-07-2077 ATTY. LOURDES A. ONA, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw A.M. No. RTJ-07-2078 JOSE MARI L. DUARTE, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw A.M. No. RTJ-07-2079 RET. GENERAL MELITON D. GOYENA, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw A.M. No. RTJ-07-2080 OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw

  • A.M. No. 10-7-17-SC : October 15, 2010 IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC., AGAINST ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO.

  • G.R. No. 174066 : October 12, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ERNESTO NARZABAL y CASTELO, JR., Accused-Appellant.

  • G.R. No. 164195 : October 12, 2010 APO FRUITS CORPORATION and HIJO PLANTATION, INC., Petitioners, v. LAND BANK OF THE PHILIPPINES, Respondent.cralaw

  • A.M. No. P-09-2735 : October 12, 2010 (Formerly OCA I.P.I. No. 07-2614-P) LEVI M. ARGOSO, Complainant, v. ACHILLES ANDREW REGALADO II, Sheriff IV, Regional Trial Court, Office of the Clerk of Court, Naga City, Respondent.cr

  • A.M. No. P-06-2287 : October 12, 2010 [Formerly A.M. No. 06-11391-MTC] OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. MARCELA V. SANTOS, CLERK OF COURT II, MUNICIPAL TRIAL COURT, SAN LEONARDO, NUEVA ECIJA, Respondent.cralaw

  • A.C. No. 2655 : October 12, 2010 LEONARD W. RICHARDS, Complainant, v. PATRICIO A. ASOY, Respondent.cral

  • G.R. No. 184952 : October 11, 2010 PEOPLE OF THE PHILIPPINES, Appellee, v. MARIANITO GONZAGA y JOMAYA, Appellant.

  • G.R. NO. 177127 : October 11, 2010 J.R.A. PHILIPPINES, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.cralaw

  • G.R. No. 192473 : October 11, 2010 S.I.P. FOOD HOUSE and MR. and MRS. ALEJANDRO PABLO, Petitioners, v. RESTITUTO BATOLINA, ALMER CALUMPISAN, ARIES MALGAPO, ARMANDO MALGAPO, FLORDELIZA MATIAS, PERCIVAL MATIAS, ARWIN MIRANDA, LOPE MATIAS, RAMIL MATIAS, ALLAN STA. INES, Respondents.cralaw

  • G.R. No. 156038 : October 11, 2010 SPOUSES VICTORIANO CHUNG and DEBBIE CHUNG, Petitioners, v. ULANDAY CONSTRUCTION, INC.,*cra1aw Respondent.

  • G.R. No. 192916 : October 11, 2010 MANUEL A. ECHAVEZ, Petitioner, v. DOZEN CONSTRUCTION AND DEVELOPMENT CORPORATION and THE REGISTER OF DEEDS OF CEBU CITY, Respondents.cralaw

  • G.R. No. 190804 : October 11, 2010 PHILIPPINE TRANSMARINE CARRIERS, INC., GLOBAL NAVIGATION, LTD., Petitioners, v. SILVINO A. NAZAM, Respondent.cralaw

  • G.R. No. 182953 : October 11, 2010 CORAZON D. SARMIENTA, JOSE DERAMA, CATES RAMA, JOSIE MIWA, TOTO NOLASCO, JESUS OLIQUINO, NORBERTO LOPEZ, RUBEN ESPOSO, BERNARDO FLORESCA, MARINA DIMATALO, ROBLE DIMANDAKO, RICARDO PE�A, EDUARDO ESPINO, ANTONIO GALLEGOS, VICTOR SANDOVAL, FELICITAS ABRANTES, MERCY CRUZ, ROSENDO ORGANO, RICKY BARENO, ANITA TAKSAGON, JOSIE RAMA and PABLO DIMANDAKO, Petitioners, v. MANALITE HOMEOWNERS ASSOCIATION, INC. (MAHA), Respondent.cralaw

  • G.R. No. 178551 : October 11, 2010 ATCI OVERSEAS CORPORATION, AMALIA G. IKDAL and MINISTRY OF PUBLIC HEALTH-KUWAIT Petitioners, v. MA. JOSEFA ECHIN, Respondent.cralaw

  • G.R. No. 171685 : October 11, 2010 LAND BANK OF THE PHILIPPINES, Petitioner, v. GLENN Y. ESCANDOR, GEROME Y. ESCANDOR, EMILIO D. ESCANDOR and VIOLETA YAP, Respondents.cralaw

  • G.R. No. 171365 : October 6, 2010 ERMELINDA C. MANALOTO, AURORA J. CIFRA, FLORDELIZA J. ARCILLA, LOURDES J. CATALAN, ETHELINDA J. HOLT, BIENVENIDO R. JONGCO, ARTEMIO R. JONGCO, JR. and JOEL JONGCO, Petitioners, v. ISMAEL VELOSO III, Respondent.cralaw

  • G.R. No. 163091 : October 6, 2010 COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. ANGEL U. DEL VILLAR, Respondent.cralaw

  • G.R. No. 152866 : October 6, 2010 THE HEIRS OF ROMANA SAVES, namely: FIDELA ALMAIDA, EMILIANO ALMAIDA, JESUS ALMAIDA, CATALINA ALMAIDA, ALFREDO RAMOS, GINA RAMOS, LUZ ALMAIDA, ANITA ALMAIDA, PETRA GENERAL, EDNA GENERAL, ESTHER ALMAIDA, DIONISIA ALMAIDA, CORNELIA ALMAIDA, FELIMON ALMAIDA (represented by SINFROSA ALMAIDA); The Heirs of RAFAELA SAVES, namely: JULIANA DIZON, HILARIA DIZON, JOVENCIO DIZON, MAURA DIZON, BABY DIZON & ULDARICO AMISTOSO (represented by ULDARICO AMISTOSO); The Heirs of JANUARIA SAVES, namely: FELICIDAD MARTINEZ, MARLOU MARTINEZ, ROWENA MARTINEZ, BABY LOU MARTINEZ, BOBERT MARTINEZ, JERRY MARTINEZ (represented by FELICIDAD MARTINEZ); The Heirs of MAXIMO SAVES, namely: ELPIDIO AMIGO, CELESTINA DEMETRIA AMIGO, MEREN (daughter of SEVERA SAVES), FRUTO ROSARIO (represented by ELPIDIO AMIGO); The Heirs of BENEDICTA SAVES, namely: AUTEMIA JUCOM, CATALINA JUCOM, DOLORES JUCOM, SERGIA JUCOM, BENEDICTA JUCOM, JOSEFINA JUCOM, FLORDIVIDA REMETILLO, FELINA REMETILLO and ANNA MARIE REMETILLO, (represented by AUTEMIA JUCOM), Petitioners, v. THE HEIRS OF ESCOLASTICO SAVES, namely: REMEDIOS SAVES-ADAMOS, LUZ SAVES-HERNANDEZ and DODONG SAVES, and ENRIQUETA CHAVES-ABELLA, Respondents.cralaw

  • G.R. No. 186652 : October 6, 2010 ATTY. ALICE ODCHIGUE-BONDOC, Petitioner, v. TAN TIONG BIO A.K.A. HENRY TAN, Respondent.cralaw

  • G.R. No. 168313 : October 6, 2010 BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. HON. COURT OF APPEALS, HON. ROMEO BARZA, in his capacity as the Presiding Judge of the Regional Trial Court of Makati City, Br. 61, FIRST UNION GROUP ENTERPRISES and LINDA WU HU, Respondents.cralaw

  • A.M. No. P-06-2221 : October 5, 2010 (Formerly A.M. No. 06-7-215-MTCC) OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. RODELIO E. MARCELO and MA. CORAZON D. ESPA�OLA, MTCC, SAN JOSE DEL MONTE CITY, BULACAN, Respondents.cralaw

  • A.M. No. MTJ-05-1580 : October 6, 2010 [Formerly OCA IPI No. 04-1608-MTJ] LOURDES B. FERRER and PROSPERIDAD M. ARANDEZ, Complainants, v. JUDGE ROMEO A. RABACA, Metropolitan Trial Court, Branch 25, Manila, Respondent.cralaw

  • A.M. No. MTJ-10-1769 : October 6, 2010 [Formerly OCA IPI No. 09-2145-MTJ] EDUARDO B. OLAGUER, Complainant, v. JUDGE ALFREDO D. AMPUAN, Metropolitan Trial Court, Branch 33, Quezon City, Respondent.cralaw

  • A.M. No. MTJ-09-1738 : October 6, 2010 (Formerly OCA I.P.I. No. 08-2033-MTJ) CIRILA S. RAYMUNDO, Complainant, v. JUDGE TERESITO A. ANDOY, Municipal Trial Court (MTC), Cainta, Rizal, Respondent.cra

  • G.R. No. 188650 : October 6, 2010 OFFICE OF THE OMBUDSMAN, Petitioner, v. PRISCILLA S. CORDOVA, Deputy Collector for Assessment, Bureau of Customs, Respondent.cralaw G.R. No. 187166 DEPARTMENT OF FINANCE-REVENUE INTEGRITY PROTECTION SERVICE (DOF-RIPS) AND COMMISSIONER NAPOLEON MORALES, Petitioners, v. PRISCILLA S. CORDOVA, Deputy Collector for Assessment, Bureau of Customs, Respondent.

  • G.R. No. 179543 : October 6, 2010 CAMPER REALTY CORP., Petitioner, v. MARIA NENA PAJO-REYES represented by her Attorney-in-Fact Eliseo B. Ballao, AUGUSTO P. BAJADO, RODOLFO PAJO and GODOFREDO PAJO, JR., Respondents.cralaw

  • G.R. No. 171980 : October 6, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. OLIVE RUBIO MAMARIL, Accused-Appellant.

  • G.R. No. 185020 : October 6, 2010 FILOMENA R. BENEDICTO, Petitioner, v. ANTONIO VILLAFLORES, Respondent.cralaw

  • G.R. No. 180687 : October 6, 2010 ESMERALDO C. ROMULLO, PEDRO MANGUNDAYAO, MAXIMO ANES, ELVIRA BONZA, ROBERTO BELARMINO, TELESPORO GARCIA, BETH ZAIDA GIMENEZ, CELSO LIBRANDO, MICHAEL DELA CRUZ, and ROBERTO ARAWAG, Petitioners, v. SAMAHANG MAGKAKAPITBAHAY NG BAYANIHAN COMPOUND HOMEOWNERS ASSOCIATION, INC., represented by its President, PAQUITO QUITALIG, Respondent.cralaw

  • G.R. No. 153998 : October 6, 2010 JORGE L. TIANGCO, THE HEIRS OF ENRIQUE L. TIANGCO, GLORIA T. BATUNGBACAL, NARCISO L. TIANGCO and SILVINO L. TIANGCO, Petitioners, v. LAND BANK OF THE PHILIPPINES, Respondent.cralaw

  • G.R. No. 176479 : October 6, 2010 RIZAL COMMERCIAL BANKING CORPORATION, Petitioner, v. PEDRO P. BUENAVENTURA, Respondent.cra

  • G.R. No. 161934 : October 6, 2010 VARORIENT SHIPPING CO., INC., and.,d ARIA MARITIME CO., LTD., Petitioners, v. GIL A. FLORES, Respondent.cr

  • G.R. No. 190381 : October 6, 2010 COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. RODRIGO MERCADO, ANTONIO VILLERO, LUISITO MANTIBE, MARCELO FABIAN, EDMUNDO YALUNG, EDILBERTO GUEVARRA, MICHAEL GUICO, ANGEL FERNANDO, ERNESTO DELA CRUZ, EFREN FERNANDO, ROBERTO TORRES, JIMMY DUNGO, WILLY OCAMPO, SANDRO DIZON, ALLAN OCAMPO, CARLITO MANABAT, CARLITO SINGIAN, JAY MANABAT, ERIC AQUINO, RODRIGO DAVID, NICOLAS LUQUIAZ,* LUCIO MANTIBE, PRUDENCIO PALALON, RAFAEL CABRERA, ROMMER SINGIAN,** ROGELIO MALIT, ALVIN ANDAYA, EMERITO B. DUNGCA, ALMIRANTE GORAL,*** AND NICOLAS CURA, Respondents.cralaw

  • G.R. No. 169067 : October 6, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. ANGELO B. MALABANAN, PABLO B. MALABANAN, GREENTHUMB REALTY AND DEVELOPMENT CORPORATION and THE REGISTRAR OF DEEDS OF BATANGAS, Respondents.cralaw

  • G.R. No. 184823 : October 6, 2010 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. AICHI FORGING COMPANY OF ASIA, INC., Respondent.cralaw

  • G.R. No. 175573 : October 5, 2010 OFFICE OF THE OMBUDSMAN, Petitioner, v. JOEL S. SAMANIEGO1cra1aw , Respondent.cralaw

  • G.R. No. 184769 : October 5, 2010 MANILA ELECTRIC COMPANY, ALEXANDER S. DEYTO and RUBEN A. SAPITULA, Petitioners, v. ROSARIO GOPEZ LIM, Respondent.

  • A.M. No. CA-10-50-J : October 5, 2010 [formerly A.M. OCA IPI No. 09-152-CA-J] 3-D INDUSTRIES, INC. and SMARTNET PHILIPPINES, INC. Complainants, v. JUSTICES VICENTE Q. ROXAS and JUAN Q. ENRIQUEZ, JR., Respondents.cralaw

  • A.M. No. P-06-2221 : October 5, 2010 (Formerly A.M. No. 06-7-215-MTCC) OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. RODELIO E. MARCELO and MA. CORAZON D. ESPA�OLA, MTCC, SAN JOSE DEL MONTE CITY, BULACAN, Respondents.cralaw

  • G.R. No. 178552 : October 5, 2010 SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., on behalf of the South-South Network (SSN) for Non-State Armed Group Engagement, and ATTY. SOLIMAN M. SANTOS, JR., Petitioners, v. ANTI-TERRORISM COUNCIL, THE EXECUTIVE SECRETARY, THE SECRETARY OF JUSTICE, THE SECRETARY OF FOREIGN AFFAIRS, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT, THE SECRETARY OF FINANCE, THE NATIONAL SECURITY ADVISER, THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, AND THE CHIEF OF THE PHILIPPINE NATIONAL POLICE, Respondents.cralaw G.R. No. 178554 KILUSANG MAYO UNO (KMU), represented by its Chairperson Elmer Labog, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO (NAFLU-KMU), represented by its National President Joselito V. Ustarez and Secretary General Antonio C. Pascual, and CENTER FOR TRADE UNION AND HUMAN RIGHTS, represented by its Executive Director Daisy Arago,Petitioners, v. HON. EDUARDO ERMITA, in his capacity as Executive Secretary, NORBERTO GONZALES, in his capacity as Acting Secretary of National Defense, HON. RAUL GONZALES, in his capacity as Secretary of Justice, HON. RONALDO PUNO, in his capacity as Secretary of the Interior and Local Government, GEN. HERMOGENES ESPERON, in his capacity as AFP Chief of Staff, and DIRECTOR GENERAL OSCAR CALDERON, in his capacity as PNP Chief of Staff, Respondents.cralaw G.R. No. 178581 BAGONG ALYANSANG MAKABAYAN (BAYAN), GENERAL ALLIANCE BINDING WOMEN FOR REFORMS, INTEGRITY, EQUALITY, LEADERSHIP AND ACTION (GABRIELA), KILUSANG MAGBUBUKID NG PILIPINAS (KMP), MOVEMENT OF CONCERNED CITIZENS FOR CIVIL LIBERTIES (MCCCL), CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), KALIPUNAN NG DAMAYANG MAHIHIRAP (KADAMAY), SOLIDARITY OF CAVITE WORKERS, LEAGUE OF FILIPINO STUDENTS (LFS), ANAKBAYAN, PAMBANSANG LAKAS NG KILUSANG MAMAMALAKAYA (PAMALAKAYA), ALLIANCE OF CONCERNED TEACHERS (ACT), MIGRANTE, HEALTH ALLIANCE FOR DEMOCRACY (HEAD), AGHAM, TEOFISTO GUINGONA, JR., DR. BIENVENIDO LUMBERA, RENATO CONSTANTINO, JR., SISTER MARY JOHN MANANSAN OSB, DEAN CONSUELO PAZ, ATTY. JOSEFINA LICHAUCO, COL. GERRY CUNANAN (ret.), CARLITOS SIGUION-REYNA, DR. CAROLINA PAGADUAN-ARAULLO, RENATO REYES, DANILO RAMOS, EMERENCIANA DE LESUS, RITA BAUA, REY CLARO CASAMBRE, Petitioners, v. GLORIA MACAPAGAL-ARROYO, in her capacity as President and Commander-in-Chief, EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF JUSTICE SECRETARY RAUL GONZALES, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY RONALDO PUNO. DEPARTMENT OF FINANCE SECRETARY MARGARITO TEVES, NATIONAL SECURITY ADVISER NORBERTO GONZALES, THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA), THE NATIONAL BUREAU OF INVESTIGATION (NBI), THE BUREAU OF IMMIGRATION, THE OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP), THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents.cralaw G.R. No. 178890 KARAPATAN, ALLIANCE FOR THE ADVANCEMENT OF PEOPLE'S RIGHTS, represented herein by Dr. Edelina de la Paz, and representing the following organizations: HUSTISYA, represented by Evangeline Hernandez and also on her own behalf; DESAPARECIDOS, represented by Mary Guy Portajada and also on her own behalf, SAMAHAN NG MGA EX-DETAINEES LABAN SA DETENSYON AT PARA SA AMNESTIYA (SELDA), represented by Donato Continente and also on his own behalf, ECUMENICAL MOVEMENT FOR JUSTICE AND PEACE (EMJP), represented by Bishop Elmer M. Bolocon, UCCP, and PROMOTION OF CHURCH PEOPLE'S RESPONSE, represented by Fr. Gilbert Sabado, OCARM, Petitioners, v. GLORIA MACAPAGAL-ARROYO, in her capacity as President and Commander-in-Chief, EXECUTIVE SECRETARTY EDUARDO ERMITA, DEPARTMENT OF JUSTICE SECRETARY RAUL GONZALEZ, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY RONALDO PUNO, DEPARTMENT OF FINANCE SECRETARY MARGARITO TEVES, NATIONAL SECURITY ADVISER NORBERTO GONZALES, THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA), THE NATIONAL BUREAU OF INVESTIGATION (NBI), THE BUREAU OF IMMIGRATION, THE OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP), THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents.cralaw G.R. No. 179157 THE INTEGRATED BAR OF THE PHILIPPINES (IBP), represented by Atty. Feliciano M. Bautista, COUNSELS FOR THE DEFENSE OF LIBERTY (CODAL), SEN. MA. ANA CONSUELO A.S. MADRIGAL and FORMER SENATORS SERGIO OSME�A III and WIGBERTO E. TA�ADA, Petitioners, v. EXECUTIVE SECRETARY EDUARDO ERMITA AND THE MEMBERS OF THE ANTI-TERRORISM COUNCIL (ATC), Respondents.cralaw G.R. No. 179461 BAGONG ALYANSANG MAKABAYAN-SOUTHERN TAGALOG (BAYAN-ST), GABRIELA-ST, KATIPUNAN NG MGA SAMAHYANG MAGSASAKA-TIMOG KATAGALUGAN (KASAMA-TK), MOVEMENT OF CONCERNED CITIZENS FOR CIVIL LIBERTIES (MCCCL), PEOPLES MARTYRS, ANAKBAYAN-ST, PAMALAKAYA-ST, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE-ST), PAGKAKAISA'T UGNAYAN NG MGA MAGBUBUKID SA LAGUNA (PUMALAG), SAMAHAN NG MGA MAMAMAYAN SA TABING RILES (SMTR-ST), LEAGUE OF FILIPINO STUDENTS (LFS), BAYAN MUNA-ST, KONGRESO NG MGA MAGBUBUKID PARA SA REPORMANG AGRARYO KOMPRA, BIGKIS AT LAKAS NG MGA KATUTUBO SA TIMOG KATAGALUGAN (BALATIK), SAMAHAN AT UGNAYAN NG MGA MAGSASAKANG KABABAIHAN SA TIMOG KATAGALUGAN (SUMAMAKA-TK), STARTER, LOS�OS RURAL POOR ORGANIZATION FOR PROGRESS & EQUALITY, CHRISTIAN NI�O LAJARA, TEODORO REYES, FRANCESCA B. TOLENTINO, JANNETTE E. BARRIENTOS, OSCAR T. LAPIDA, JR., DELFIN DE CLARO, SALLY P. ASTRERA, ARNEL SEGUNE BELTRAN, Petitioners, v. GLORIA MACAPAGAL-ARROYO, in her capacity as President and Commander-in-Chief, EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF JUSTICE SECRETARY RAUL GONZALEZ, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMEN T SECRETARY RONALDO PUNO, DEPARTMENT OF FINCANCE SECRETARY MARGARITO TEVES, NATIONAL SECURITY ADVISER NORBERTO GONZALES, THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA), THE NATIONAL BUREAU OF INVESTIGATION (NBI), THE BUREAU OF IMMIGRATION, THE OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP), THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents.cralaw

  • G.R. No. 164186 : October 4, 2010 FINANCIAL BUILDING CORPORATION, v. CORPORATION, BLOOMFIELD EDUCATIONAL FOUNDATION, INC., RODOLFO J. LAGERA, MA. ERLINDA J. LAGERA AND JOSAPHAT R. BRAVANTE, RUDLIN INTERNATIONAL Respondents. G.R. No. 164347 RUDLIN INTERNATIONAL CORPORATION, BLOOMFIELD EDUCATIONAL FOUNDATION, INC., RODOLFO J. LAGERA, MA. ERLINDA J. LAGERA AND JOSAPHAT R. BRAVANTE, Petitioners, v. FINANCIAL BUILDING CORPORATION, Respondent.cralaw D E C I S I O N

  • G.R. Nos. 158090 : October 4, 2010 GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Petitioner, v. HEIRS OF FERNANDO F. CABALLERO, represented by his daughter, JOCELYN G. CABALLERO, Respondents.cralaw

  • A.C. No. 3872 : October 4, 2010 TRINIDAD IRORITA, Petitioner, v. ATTY. JIMMY LUCZON, Respondent.

  • G.R. No. 175501 : October 4, 2010 MANILA WATER COMPANY, INC., Petitioner, v. JOSE J. DALUMPINES, EMMANUEL CAPIT, ROMEO B. CASTOLONE, MELITANTE CASTRO, NONITO FERNANDEZ, ARNULFO JAMISON, ARTHUR LAVISTE, ESTEBAN LEGARTO, SUSANO MIRANDA, RAMON C. REYES, JOSE SIERRA, BENJAMIN TALAVERA, MOISES ZAPATERO, EDGAR PAMORAGA, BERNARDO S. MEDINA, MELENCIO M. BAONGUIS, JR., JOSE AGUILAR, ANGEL C. GARCIA, JOSE TEODY P. VELASCO, AUGUSTUS J. TANDOC, ROBERTO DAGDAG, MIGUEL LOPEZ, GEORGE CABRERA, ARMAN BORROMEO, RONITO R. FRIAS, ANTONIO VERGARA, RANDY CORTIGUERRA, and FIRST CLASSIC COURIER SERVICES, INC., Respondents.cralaw

  • G.R. No. 183626 : October 4, 2010 SURIGAO DEL NORTE ELECTRIC COOPERATIVE, INC. (SURNECO), Petitioner, v. ENERGY REGULATORY COMMISSION, Respondent.

  • G.R. No. 165876 : October 4, 2010 WESTMONT INVESTMENT CORPORATION, Petitioner, v. FARMIX FERTILIZER CORPORATION, PEARLBANK SECURITIES, INC., MANUEL N. TANKIANSEE and JUANITA U. TAN, Respondents.crala

  • [G. R. No. 3316-Paras : October 26, 2010] JOSE PNCE DE LEON, PLAINTIFF AND APPELLANT, VS. SANTIAGO SYJUCO, INC., DEFENDANT AND APPELLANT, PHILIPPINE NATIONAL BANK, DEFENDANT AND APPELLEE.

  • [A.M. No. RTJ-05-1924 (Formerly A.M. No. 04-10-568-RTC), October 13, 2010] RE: CASES SUBMITTED FOR DECISION BEFORE JUDGE DAMASO A. HERRERA, REGIONAL TRIAL COURT, BRANCH 24, BIÑAN, LAGUNA.

  • [G.R. No. 172394, October 13, 2010] H. TAMBUNTING PAWNSHOP, INC., PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.