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October-2010 Jurisprudence                 

  • G.R. No. 123294 : October 20, 2010 PHILIPPINE AIRLINES, INC., Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION and AIDA M. QUIJANO, Respondents.cra

  • G.R. No. 178397 : October 20, 2010 PEÑAFRANCIA TOURS AND TRAVEL TRANSPORT, INC., Petitioner, v. JOSELITO P. SARMIENTO and RICARDO S. CATIMBANG, Respondents.

  • A.M. No. P-10-2860 : October 20, 2010 (Formerly A.M. OCA I.P.I. No. 06-2392-P) RENATO MIGUEL D. GARCIA, Complainant, v. RICKY MONTEJAR, Sheriff, Regional Trial Court, Branch 64, Guihulngan, Negros Oriental, Respondent.

  • G.R. No. 185567 : October 20, 2010 ARSENIO Z. LOCSIN, Petitioner, v. NISSAN LEASE PHILS. INC. and LUIS BANSON, Respondents.cralaw

  • G.R. No. 191194 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ASTRO ASTROLABIO ASIS alias "MULOK/ TOTO," Accused-Appellant.

  • G.R. No. 186166 : October 20, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. JOSE T. CHING represented by his Attorney-in-fact, ANTONIO V. CHING, Respondent.c

  • G.R. No. 183455 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMY ATADERO, Accused-Appellant.

  • G.R. No. 174674 : October 20, 2010 NESTLE PHILIPPINES, INC. and NESTLE WATERS PHILIPPINES, INC. (formerly HIDDEN SPRINGS & PERRIER, INC.), Petitioners, v. UNIWIDE SALES, INC., UNIWIDE HOLDINGS, INC., NAIC RESOURCES AND DEVELOPMENT CORPORATION, UNIWIDE SALES REALTY AND RESOURCES CLUB, INC., FIRST PARAGON CORPORATION, and UNIWIDE SALES WAREHOUSE CLUB, INC., Respondents.cralaw

  • G.R. No. 173179 : October 11, 2010 MANUEL D. RECTO, CESAR A. DIGNOS, and FRANCISCO S. AÑONUEVO, Petitioners, v. BISHOP FEDERICO O. ESCALER, S.J., JOAQUINA De ARANAZ, FILOMENA BAGAMASBAD, ELADIA BANGUILAN, TEODONIA BANZON, TERESITA BELEN, REMEDIOS CALO, MANSUETA CO, ZENAIDA CRUZ, LINA DATU, AURORA ELORIAGA, MAGDALENA FAJATIN,* LEONARDA FALLARME, CHI GANA, LUTGARDA GARCIA, UBALDO ISAAC, CATHERINE LIM, CORAZON LORENZO, ENRIQUETA MANABAT, GUADALUPE MATADOS, DOMINGA MENOR, EFREN MONJE, PILAR MONJE, POMPEYA NAVAL, WILTECK ONG, ELEODORO PARENTELA, ANTONIA PARENTELA, OLIVIA PEREZ, ALICIA QUIMSON, ELSIE RODRIGUEZ, RAFAELA SANTOS, MELENCIA SESE, VIRGINIA SUGCANG, DIONISIA TRINIDAD, JOSELITO B. FLORO, LOURDES FLORO, ANDREA GUTIERREZ, FENNY ESPINORIO, AND OTHERS SIMILARLY SITUATED, Respondents.cralaw

  • G.R. No. 172525 : October 20, 2010 SHINRYO (PHILIPPINES) COMPANY, INC., Petitioner, v. RRN INCORPORATED,* Respondent.

  • 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 BIÑALBER, 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 PEÑA, 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. ESPAÑOLA, 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. ESPAÑOLA, 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 OSMEÑA III and WIGBERTO E. TAÑADA, 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, LOSÑOS RURAL POOR ORGANIZATION FOR PROGRESS & EQUALITY, CHRISTIAN NIÑO 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.

  •  





     
     

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

     

     

    SECOND DIVISION

    G.R. No. 177881 : October 13, 2010

    EMMANUEL C. VILLANUEVA, Petitioner, v. CHERDAN LENDING INVESTORS CORPORATION, Respondent.cralaw

    D E C I S I O N

    NACHURA, J.:

    This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeking to reverse and set aside the Court of Appeals (CA) Decision1cra1aw dated October 31, 2006 and Resolution2cra1aw dated May 10, 2007 in CA-G.R. SP No. 89910.

    The facts of the case are as follows:chanroblesvirtualawlibrary

    Spouses Fortunato and Rachel Peñaredondo (spouses Peñaredondo) obtained from respondent Cherdan Lending Investors Corporation a loan amounting to P2.2 million, secured by a real estate mortgage over a parcel of land covered by Transfer Certificate of Title (TCT) No. T-129690. Despite demand, spouses Peñaredondo failed to pay the obligation. Hence, respondent extrajudicially foreclosed the mortgage. At the auction sale, respondent was declared as the highest bidder. A Certificate of Sale was issued and was later registered. Upon the expiration of the redemption period, the title to the property was consolidated and a new title, TCT No. 143284, issued in respondents name.3chanroblesvirtuallawlibrary

    On September 28, 2001, respondent filed before the Regional Trial Court (RTC) of Parañaque City, Branch 258, an Ex-Parte Petition for Issuance of Writ of Possession for Real Property Covered by Transfer Certificate of Title No. 143284 of the Registry of Deeds for Parañaque City.4chanroblesvirtuallawlibrary

    In an Order5cra1aw dated January 7, 2002, the RTC granted the petition, the dispositive portion of which reads:chanroblesvirtualawlibrary

    WHEREFORE, viewed in the light of the foregoing, let Writ of Possession issue in favor of the petitioner and against Spouses Fortunato Peñaredondo and Rachel Peñaredondo and all occupant(s), tenant(s), and/or persons claiming rights under them to immediately vacate the premises formerly covered by Transfer Certificate of Title No. 129690 and now covered by Transfer Certificate of Title No. 143284 registered in the name of the petitioner, issued by the Registry of Deeds of Parañaque City and to serve the purpose, the Sheriff of this Court is hereby ordered to put the petitioner in possession thereof or thru its duly authorized representative, with the assistance of the barangay officials or local police, if need be.

    SO ORDERED.6chanroblesvirtuallawlibrary

    Accordingly, a writ of possession was issued. Upon service of a copy of the court order, petitioner Emmanuel C. Villanueva moved for the reconsideration of the order and the setting aside of the writ of possession on the ground that he is the owner and is in actual possession of the subject property. He notified the court that he had filed criminal and civil cases relative to the fraudulent transfer of ownership of the subject property from him to the spouses Peñaredondo.7cra1aw For their part, spouses Peñaredondo also filed a separate Motion to Quash the Writ of Possession8cra1aw on two grounds: 1) that there was a pending civil case for the declaration of nullity of mortgage; and 2) that a third party is in adverse possession of the property.

    On September 30, 2002, the RTC issued an Order9cra1aw in favor of petitioner, disposing, as follows:chanroblesvirtualawlibrary

    WHEREFORE, premises considered, the Motion for Reconsideration as well as Motion to Set Aside Writ of Possession are GRANTED and the movant is allowed to be in possession of the subject property until after the pending case/s has/have been resolved with finality and the Writ of Possession dated February 11, 2002 is hereby recalled and set aside.

    As to The Motion to Quash filed by the respondents/mortgagors, the same is hereby DENIED.

    SO ORDERED.10chanroblesvirtuallawlibrary

    On August 27, 2004, the RTC of Parañaque City, Branch 257, dismissed Civil Case No. 98-0378 for Declaration of Nullity of Real Estate Mortgage filed by Fortunato Peñaredondo against respondent.11cra1aw Respondent thereafter filed a Motion for Alias Writ of Possession,12cra1aw which was denied13cra1aw on December 20, 2004. On March 8, 2005, respondents motion for reconsideration was denied for lack of merit.14chanroblesvirtuallawlibrary

    Aggrieved, respondent instituted a special civil action for certiorari before the CA, praying that the RTC Order denying its motion for alias writ of possession be reversed and set aside, and that the RTC be directed to issue a writ of possession in favor of respondent against petitioner.15chanroblesvirtuallawlibrary

    In the assailed Decision dated October 31, 2006, the CA granted respondents petition, the pertinent portion of which reads:chanroblesvirtualawlibrary

    WHEREFORE, the petition is GRANTED. The assailed Orders dated December 20, 2004 and March 8, 2005, both of the Regional Trial Court, Branch 258, Parañaque City are hereby ANNULLED and SET ASIDE. The trial court is hereby directed to issue an alias writ of possession against all those who claim adverse title and rights against petitioner, which should be placed in actual possession of the subject property but without prejudice to the eventual outcome of the cases anent the validity of title thereto.

    SO ORDERED.16chanroblesvirtuallawlibrary

    Citing PNB v. Sanao Marketing Corporation17cra1aw and Ancheta v. Metropolitan Bank and Trust Company, Inc.,18cra1aw the CA held that the pendency of the case for annulment of the foreclosure proceedings was not a bar to the issuance of the writ of possession. The CA refused to apply Section 33, Rule 39 of the Rules of Court, which authorizes the giving of possession of the property to the purchaser or last redemptioner unless a third party is actually holding the property adverse to the judgment obligor, ratiocinating that the provision applies only to execution sales and not to extrajudicial foreclosures of real estate mortgage under Act 3135.19chanroblesvirtuallawlibrary

    Hence, the present petition raising the following issues:chanroblesvirtualawlibrary

    (1) Can the Honorable Court of Appeals require Villanueva to comment on a petition for certiorari wherein he is not even pleaded as a party?

    (2) Is the petition of Cherdan barred by Court order dated 30 September 2002?

    (3) Is Cherdans petition for certiorari filed in the Court of Appeals proper?

    (4) Is there a legal obstacle/impediment to place Cherdan in possession of the property? And

    (5) Is the decision (Annex "A") and resolution (Annex "B") of the Honorable Court of Appeals in accord with the decisions of the Supreme Court in Capital Credit Dimension, Inc. v. Chua, 428 SCRA 259, 263 (Apr. 28, 2004); Penson v. Maranan, 491 SCRA 396, 405-406 (June 20, 2006); and Dayot v. Shell Chemical Co. (Phils.), Inc., 525 SCRA 535, 548 (June 26, 2007)?20chanroblesvirtuallawlibrary

    The petition is meritorious.

    The core issue for resolution is the propriety of the issuance of the writ of possession over the property subject of the foreclosure of the real estate mortgage.

    A writ of possession is an order of the court commanding the sheriff to place a person in possession of a real or personal property.21cra1aw It may be issued in an extrajudicial foreclosure of a real estate mortgage under Section 7 of Act 3135, as amended by Act 4118, either 1) within the one-year redemption period, upon the filing of a bond, or 2) after the lapse of the redemption period, without need of a bond or of a separate and independent action.22chanroblesvirtuallawlibrary

    It is settled that the buyer in a foreclosure sale becomes the absolute owner of the property purchased if it is not redeemed within one year after the registration of the sale. As such, he is entitled to the possession of the property and can demand that he be placed in possession at any time following the consolidation of ownership in his name and the issuance to him of a new TCT.23cra1aw Time and again, we have held that it is ministerial upon the court to issue a writ of possession after the foreclosure sale and during the period of redemption. Upon the filing of an ex parte motion and the approval of the corresponding bond, the court issues the order for a writ of possession. The writ of possession issues as a matter of course even without the filing and approval of a bond after consolidation of ownership and the issuance of a new TCT in the name of the purchaser.24chanroblesvirtuallawlibrary

    This rule, however, is not without exception. Under Section 33, Rule 39 of the Rules of Court, which is made to apply suppletorily to the extrajudicial foreclosure of real estate mortgages by Section 6, Act 3135, as amended, the possession of the mortgaged property may be awarded to a purchaser in the extrajudicial foreclosure unless a third party is actually holding the property adversely to the judgment debtor.25cra1aw Section 33 provides:chanroblesvirtualawlibrary

    Sec. 33. Deed and possession to be given at expiration of redemption period; by whom executed or given.

    If no redemption be made within one (1) year from the date of the registration of the certificate of sale, the purchaser is entitled to a conveyance and possession of the property; or, if so redeemed whenever sixty (60) days have elapsed and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner is entitled to the conveyance and possession; but in all cases the judgment obligor shall have the entire period of one (1) year from the date of the registration of the sale to redeem the property. The deed shall be executed by the officer making the sale or by his successor in office, and in the latter case shall have the same validity as though the officer making the sale had continued in office and executed it.

    Upon the expiration of the right of redemption, the purchaser or redemptioner shall be substituted to and acquire all the rights, title, interest and claim of the judgment obligor to the property as of the time of the levy. The possession of the property shall be given to the purchaser or last redemptioner by the same officer unless a third party is actually holding the property adversely to the judgment obligor.

    The same issue had been raised in Bank of the Philippine Islands v. Icot,26cra1aw Development Bank of the Philippines v. Prime Neighborhood Association,27cra1aw Dayot v. Shell Chemical Company (Phils.), Inc.,28cra1aw and Philippine National Bank v. Court of Appeals,29cra1aw and we uniformly held that the obligation of the court to issue an ex parte writ of possession in favor of the purchaser in an extrajudicial foreclosure sale ceases to be ministerial once it appears that there is a third party in possession of the property who is claiming a right adverse to that of the debtor/mortgagor.

    The purchasers right of possession is recognized only as against the judgment debtor and his successor-in-interest but not against persons whose right of possession is adverse to the latter.30cra1aw In this case, petitioner opposed the issuance of the writ of possession on the ground that he is in actual possession of the mortgaged property under a claim of ownership. He explained that his title to the property was cancelled by virtue of a falsified deed of donation executed in favor of spouses Peñaredondo. Because of this falsification, he filed civil and criminal cases against spouses Peñaredondo to nullify the deed of donation and to punish the party responsible for the falsified document. Petitioners claim that he is in actual possession of the property is not challenged, and he has come to court asserting an ownership right adverse to that of the mortgagors, the spouses Peñaredondo.

    The third partys possession of the property is legally presumed to be based on a just title, a presumption which may be overcome by the purchaser in a judicial proceeding for recovery of the property. Through such a judicial proceeding, the nature of the adverse possession by the third party may be determined, after such third party is accorded due process and the opportunity to be heard. The third party may be ejected from the property only after he has been given an opportunity to be heard, conformably with the time-honored principle of due process.31cra1aw The Civil Code protects the actual possessor of a property, as Article 433 thereof provides:chanroblesvirtualawlibrary

    Art. 433. Actual possession under claim of ownership raises disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property.

    One who claims to be the owner of a property possessed by another must bring the appropriate judicial action for its physical recovery. The "judicial process" could mean no less than an ejectment suit or a reivindicatory action, in which the ownership claims of the contending parties may be properly heard and adjudicated.32chanroblesvirtuallawlibrary

    The ex parte petition for the issuance of a writ of possession filed by respondent, strictly speaking, is not the kind of judicial process contemplated in Article 433 of the Civil Code. Even if the same may be considered a judicial proceeding for the enforcement of ones right of possession as purchaser in a foreclosure sale, it is not an ordinary suit filed in court, by which one party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong.33chanroblesvirtuallawlibrary

    Unlike a judicial foreclosure of real estate mortgage under Rule 68 of the Rules of Court where an action for foreclosure is filed before the RTC where the mortgaged property or any part thereof is situated, any property brought within the ambit of Act 3135 is foreclosed by the filing of a petition, not with any court of justice, but with the office of the sheriff of the province where the sale is to be made. As such, a third person in possession of an extrajudicially foreclosed property, who claims a right superior to that of the original mortgagor, is given no opportunity to be heard on his claim. It stands to reason, therefore, that such third person may not be dispossessed on the strength of a mere ex parte possessory writ, since to do so would be tantamount to his summary ejectment, in violation of the basic tenets of due process.34chanroblesvirtuallawlibrary

    The Court cannot sanction a procedural shortcut. To enforce the writ against petitioner, an unwitting third party possessor who took no part in the foreclosure proceedings, would amount to the taking of real property without the benefit of proper judicial intervention.35cra1aw Hence, it was not a ministerial duty of the trial court under Act 3135 to issue a writ of possession for the ouster of petitioner from the lot subject of this instant case, particularly in light of the latters opposition, claim of ownership and rightful possession of the disputed properties.36chanroblesvirtuallawlibrary

    In granting respondents petition, the appellate court cited Ancheta v. Metropolitan Bank and Trust Company, Inc.37cra1aw and PNB v. Sanao Marketing Corporation.38chanroblesvirtuallawlibrary

    The invocation of these cases is misplaced.

    These cases involved the propriety of the issuance of a writ of possession pending the determination of the validity of the mortgage or foreclosure proceedings filed by the mortgagor or by at least one of the mortgagors who was a party to the foreclosure proceedings. We held then that the pendency of such determination is not a bar to the issuance of the possessory writ as no discretion is left to the issuing judge.

    The above-cited cases have different factual milieu which makes them inapplicable to the present case. In Ancheta and PNB, the oppositors were parties to the mortgage and the foreclosure proceedings; in the present case, the oppositor was a third party who was a stranger to the mortgage and who did not participate in the foreclosure proceedings. Moreover, in Ancheta and PNB, the oppositors objected to the issuance of the writ because of the pendency of a case for the annulment of the real estate mortgage and the foreclosure proceedings; while petitioner herein objected because he is in actual possession of the foreclosed property and he is claiming the right of ownership adverse to that of the mortgagor, the spouses Peñaredondo.

    These factual circumstances in the instant case call for the application not of Ancheta and PNB but of the other set of cases thoroughly discussed above declaring that the issuance of the possessory writ is not a ministerial duty of the RTC judge.

    WHEREFORE, premises considered, the petition is hereby GRANTED. The Court of Appeals Decision dated October 31, 2006 and Resolution dated May 10, 2007 in CA-G.R. SP No. 89910 are REVERSED and SET ASIDE. The Orders dated December 20, 2004 and March 8, 2005 of the Regional Trial Court, Parañaque City, Branch 258 in LRC Case No. 01-0123, are REINSTATED.

    SO ORDERED.

    ANTONIO EDUARDO B. NACHURA**
    Associate Justice
    Acting Chairperson

    WE CONCUR:

    PRESBITERO J. VELASCO, JR.*
    Associate Justice

    TERESITA J. LEONARDO-DE CASTRO***
    Associate Justice
    ARTURO D. BRION****
    Associate Justice

    JOSE CATRAL MENDOZA
    Associate Justice

    A T T E S T A T I ON

    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 EDUARDO B. NACHURA
    Associate Justice
    Acting 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 Acting 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:

    * Additional member in lieu of Associate Justice Antonio T. Carpio per Special Order No. 897 dated September 28, 2010.

    ** In lieu of Associate Justice Antonio T. Carpio per Special Order No. 898 dated September 28, 2010.

    *** Additional member in lieu of Associate Justice Roberto T. Abad per Special Order No. 905 dated October 5, 2010.

    **** Additional member in lieu of Associate Justice Diosdado M. Peralta per Special Order No. 904 dated October 5, 2010.

    1cra1aw Penned by Associate Justice Magdangal M. de Leon, with Associate Justices Rebecca de Guia-Salvador and Ramon R. Garcia, concurring; rollo, pp. 28-37.

    2cra1aw Id. at 39-40.

    3cra1aw CA rollo, p. 24.

    4cra1aw Id. at 21-23.

    5cra1aw Id. at 24.

    6cra1aw Id.

    7cra1aw Id. at 25-28.

    8cra1aw Id. at 29-33.

    9cra1aw Id. at 47-49.

    10cra1aw Id. at 49.

    11cra1aw Id. at 50-63.

    12cra1aw Id. at 64-67.

    13cra1aw Id. at 18.

    14cra1aw Id. at 19-20.

    15cra1aw Id. at 6-17.

    16cra1aw Rollo, pp. 36-37.

    17cra1aw 503 Phil. 260 (2005).

    18cra1aw 507 Phil. 161 (2005).

    19cra1aw Entitled "An Act To Regulate the Sale of Property Under Special Powers Inserted In or Annexed To Real-Estate Mortgages," approved on March 6, 1924, and amended by Act 4118.

    20cra1aw Rollo, pp. 132-133.

    21cra1aw Bank of the Philippine Islands v. Icot, G.R. No. 168061, October 12, 2009, 603 SCRA 322, 329.

    22cra1aw Id. at 329-331.

    23cra1aw China Banking Corporation v. Lozada, G.R. No. 164919, July 4, 2008, 557 SCRA 177, 196.

    24cra1aw Development Bank of the Philippines v. Prime Neighborhood Association, G.R. Nos. 175728 & 178914, May 8, 2009, 587 SCRA 582, 594.

    25cra1aw Id. at 594-595.

    26cra1aw Supra note 21.

    27cra1aw Supra note 24.

    28cra1aw G.R. No. 156542, January 26, 2007, 525 SCRA 535.

    29cra1aw 424 Phil. 757 (2002).

    30cra1aw Bank of the Philippine Islands v. Icot, supra note 21, at 333; Development Bank of the Philippines v. Prime Neighborhood Association, supra note 24, at 597.

    31cra1aw Development Bank of the Philippines v. Prime Neighborhood Association, supra, at 597.

    32cra1aw Dayot v. Shell Chemical Company (Phils.), Inc., supra note 28, at 547.

    33cra1aw Id.

    34cra1aw Id. at 548-549.

    35cra1aw Id. at 549.

    36cra1aw Id. at 550.

    37cra1aw Supra note 18.

    38cra1aw Supra note 17.

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




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