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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
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April-2011 Jurisprudence                 

  • [G.R. No. 171406, April 04 : 2011] ASIAN TERMINALS, INC., PETITIONER, VS. MALAYAN INSURANCE, CO., INC., RESPONDENT.

  • [G.R. No. 160949, April 04 : 2011] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. PL MANAGEMENT INTERNATIONAL PHILIPPINES, INC., RESPONDENT.

  • [G.R. No. 158362, April 04 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GILBERTO VILLARICO, SR. @ "BERTING", GILBERTO VILLARICO, JR., JERRY RAMENTOS, AND RICKY VILLARICO, ACCUSED-APPELLANTS.

  • [G.R. No. 187534, April 04 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DIMA MONTANIR, RONALD NORVA AND EDUARDO CHUA, ACCUSED-APPELLANTS.

  • [G.R. No. 149193, April 04 : 2011] RICARDO B. BANGAYAN, PETITIONER, VS. RIZAL COMMERCIAL BANKING CORPORATION AND PHILIP SARIA, RESPONDENTS,

  • [G.R. No. 190823, April 04 : 2011] DOMINGO CARABEO, PETITIONER, VS.SPOUSES NORBERTO AND SUSAN DINGCO, RESPONDENTS.

  • [A.M. No. P-11-2922 (formerly A.M. OCA IPI No. 03-1778-P), April 04 : 2011] MARY JANE ABANAG, COMPLAINANT, VS. NICOLAS B. MABUTE, COURT APRIL 4, 2011 STENOGRAPHER I, MUNICIPAL CIRCUIT TRIAL COURT (MCTC), PARANAS, SAMAR, RESPONDENT.

  • [G.R. No. 167022, April 04 : 2011] LICOMCEN INCORPORATED, PETITIONER, VS. FOUNDATION SPECIALISTS, INC., RESPONDENT. [G.R. NO. 169678] FOUNDATION SPECIALISTS, INC., PETITIONER, VS. LICOMCEN INCORPORATED, RESPONDENT.

  • [G.R. No. 171497, April 04 : 2011] MARIA LOURDES TAMANI, CONCEPCION TAMANI, ESTRELLA TAMANI, TERESITA TAMANI, AZUCENA SOLEDAD, DOLORES GUERRERO, CRISTINA TUGADE DAMIETA MANSAANG, MANUEL TAMANI, VALERIANA CASTRO, AURORA SANTIAGO AND ROSARIO CASTILLO, PETITIONERS, VS. ROMAN SALVADOR AND FILOMENA BRAVO, RESPONDENTS.

  • [G. R. No. 164195, April 05 : 2011] APO FRUITS CORPORATION AND HIJO PLANTATION, INC., PETITIONERS, VS. LAND BANK OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 178406, April 06 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RONALDO SALUDO, ACCUSED-APPELLANT.

  • [G.R. No. 189980, April 06 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALBERTO BACUS ALCUIZAR, DEFENDANT-APPELLANT.

  • [G.R. No. 169564, April 06 : 2011] AMES BEN L. JERUSALEM PETITIONER, VS. KEPPEL MONTE BANK, HOE ENG HOCK, SUNNY YAP AND JOSEFINA PICART, RESPONDENTS.

  • [A.M. No. P-10-2791 (formerly A.M. No. 10-3-91-RTC), April 06 : 2011] JUDGE RENATO A. FUENTES, REGIONAL TRIAL COURT, BRANCH 17, DAVAO CITY, COMPLAINANT, VS. ATTY. ROGELIO F. FABRO, BRANCH CLERK OF COURT, SAME COURT, RESPONDENT.

  • [G.R. No. 170166, April 06 : 2011] JOE A. ROS AND ESTRELLA AGUETE, PETITIONERS, VS. PHILIPPINE NATIONAL BANK - LAOAG BRANCH, RESPONDENT.

  • [A.C. No. 7771, April 06 : 2011] PATRICIO GONE, COMPLAINANT, VS. ATTY. MACARIO GA, RESPONDENT.

  • [G.R. No. 188715, April 06 : 2011] RODOLFO N. REGALA, PETITIONER, VS. FEDERICO P. CARIN, RESPONDENT.

  • [G.R. No. 163039, April 06 : 2011] HEIRS OF FRANCISCO RETUYA, FELICITAS R. PINTOR, HEIRS OF EPIFANIA R. SEMBLANTE, NAMELY, PREMILINO SEMBLANTE, LUCIFINA S. TAGALOG, URSULINA S. ALMACEN; HEIRS OF JUAN RETUYA, NAMELY, BALBINA R. RODRIGUEZ, DOLORES R. RELACION, SINFOROSA R. BASUBAS, TEOPISTA R. BASUBAS, FERNANDO RETUYA, BALDOMERO RETUYA, TEOFILO RETUYA, LEONA COLINA, FIDELA R. RAMIREZ, MARTINA R. ALBAÑO, SEVERINA R. CABAHUG; HEIRS OF RAFAELA VILLAMOR; ELIZABETH V. ALESNA; HEIRS OF QUINTIN RETUYA, NAMELY, FELIMON RETUYA, SOFIA RETUYA, RUDOLFA RETUYA AND ELISA RETUYA, PETITIONERS, VS. HONORABLE COURT OF APPEALS, HON. ULRIC CAÑETE AS PRESIDING JUDGE OF REGIONAL TRIAL COURT BRANCH 55, MANDAUE CITY, NICOLAS RETUYA; HEIRS OF EULOGIO RETUYA, NAMELY, MIGUEL RETUYA, RAMON RETUYA, GIL RETUYA, PIO RETUYA, MELANIO RETUYA, NICANOR RETUYA, LEONILA RETUYA, AQUILINA RETUYA, LUTGARDA RETUYA AND PROCOPIO VILLANUEVA, RESPONDENTS.

  • [A.M. No. RTJ-11-2279 (Formerly OCA IPI No. 08-3041-RTJ ), April 06 : 2011] FLORENCE EBERSOLE DEL MAR- SCHUCHMAN, COMPLAINANT, VS. JUDGE EFREN M. CACATIAN, REGIONAL TRIAL COURT, BRANCH 35, SANTIAGO CITY, ISABELA, RESPONDENT.

  • [G.R. No. 156684, April 06 : 2011] SPOUSES ANTONIO AND FE YUSAY, PETITIONERS, VS. COURT OF APPEALS, CITY MAYOR AND CITY COUNCIL OF MANDALUYONG CITY, RESPONDENTS.

  • [G.R. No. 171129, April 06 : 2011] ENRICO SANTOS, PETITIONER, VS. NATIONAL STATISTICS OFFICE, RESPONDENT.

  • [G.R. No. 180173, April 06 : 2011] MICROSOFT PHILIPPINES, INC., PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 182967, April 06 : 2011] PHILIPPINE NATIONAL RAILWAYS, PETITIONER, VS. KANLAON CONSTRUCTION ENTERPRISES CO., INC., RESPONDENT.

  • [G.R. No. 169627, April 06 : 2011] ROSEMARIE SALMA ARAGONCILLO-MOLOK, PETITIONER, VS. SITY AISA BARANGAI MOLOK, RESPONDENT.

  • [G.R. No. 161204, April 06 : 2011] NATIONAL HOUSING AUTHORITY, PETITIONER, VS. HON. VICENTE Q. ROXAS (PRESIDING JUDGE OF REGIONAL TRIAL COURT, QUEZON CITY, BRANCH 227,) REGISTER OF DEEDS OF QUEZON CITY, LAND REGISTRATION AUTHORITY, OFFICE OF THE CITY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND THE COURT OF APPEALS, RESPONDENTS.

  • [G.R. No. 189457, April 07 : 2011] SUNRISE HOLIDAY CONCEPTS, INC., Petitioner, vs. TERESA A. ARUGAY, Respondent.

  • [G.R. No. 186070, April 11 : 2011] CLIENTLOGIC PHILPPINES, INC. (NOW KNOWN AS SITEL), JOSEPH VELASQUEZ, IRENE ROA AND RODNEY SPIRES, PETITIONERS, VS. BENEDICT CASTRO, RESPONDENT.

  • [G.R. No. 191008, April 11 : 2011] QUIRICO LOPEZ, PETITIONER, VS. ALTURAS GROUP OF COMPANIES AND/OR MARLITO UY, RESPONDENTS.

  • [G.R. No. 192188, April 11 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ANDREW ROBLE, ACCUSED-APPELLANT.

  • [G.R. No. 174861, April 11 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. REYNALDO OLESCO Y ANDAYANG,[1] APPELLANT.

  • [G.R. No. 178635, April 11 : 2011] SERVILLANO E. ABAD, PETITIONER, VS. OSCAR C. FARRALES AND DAISY C. FARRALES-VILLAMAYOR, RESPONDENTS. D E C I S I O N

  • [G.R. No. 187872, April 11 : 2011] STRATEGIC ALLIANCE DEVELOPMENT CORPORATION, PETITIONER, VS. STAR INFRASTRUCTURE DEVELOPMENT CORPORATION ET AL., RESPONDENTS.

  • [G.R. No. 154042, April 11 : 2011] JOSE T. TUBOLA, JR., PETITIONER, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 180282, April 11 : 2011] CRISPIN DICHOSO, JR., EVELYN DICHOSO VALDEZ, AND ROSEMARIE DICHOSO PE BENITO, PETITIONERS,vs.PATROCINIO L. MARCOS, RESPONDENT.

  • [G.R. No. 186243, April 11 : 2011] HACIENDA PRIMERA DEVELOPMENT CORPORATION and ANNA KATRINA E. HERNANDEZ, Petitioners, vs. MICHAEL S. VILLEGAS, Respondent.

  • [G.R. No. 179010, April 11 : 2011] ELENITA M. DEWARA, REPRESENTED BY HER ATTORNEY-IN-FACT, FERDINAND MAGALLANES, PETITIONER, VS. SPOUSES RONNIE AND GINA LAMELA AND STENILE ALVERO, RESPONDENTS.

  • [G.R. No. 190660, April 11 : 2011] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. COURT OF APPEALS AND ELIZABETH DIAZ, REPRESENTED BY FRANCISCA P. DE GUZMAN AS ATTORNEY-IN-FACT, RESPONDENTS.

  • [G.R. No. 183575, April 11 : 2011] SPOUSES ROGELIO MARCELO AND MILAGROS MARCELO, PETITIONERS, VS. LBC BANK, RESPONDENT.

  • [A.M. No. P-10-2767 [Formerly AM OCA IPI 08-2905-P], April 12 : 2011] BR> ANTONIO EXEQUIEL A. MOMONGAN, COMPLAINANT, VS. PRIMITIVO A. SUMAYO, CLERK III AND ARIEL A. MOMONGAN, PROCESS SERVER, RESPONDENTS.

  • [A.M. No. P-11-2913 (Formerly OCA I.P.I. No. 08-2810-P), April 12 : 2011] MA. CHEDNA ROMERO, COMPLAINANT, VS. PACIFICO B. VILLAROSA, JR., SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 17, PALOMPON, LEYTE, RESPONDENT.

  • [G.R. No. 193846, April 12 : 2011] MARIA LAARNI L. CAYETANO, PETITIONER, VS. THE COMMISSION ON ELECTIONS AND DANTE O. TINGA, RESPONDENTS.

  • [A.M. OCA IPI No. 10-177-CA-J, April 12 : 2011] RE: COMPLAINT OF CONCERNED MEMBERS OF CHINESE GROCERS ASSOCIATION AGAINST JUSTICE SOCORRO B. INTING OF THE COURT OF APPEALS

  • [G.R. No. 191940, April 12 : 2011] PHILIPPINE CHARITY SWEEPSTAKES OFFICE BOARD OF DIRECTORS AND REYNALDO P. MARTIN, PETITIONERS, VS. MARIE JEAN C. LAPID, RESPONDENT.

  • [G.R. No. 176951, April 12 : 2011] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF BAYBAY, PROVINCE OF LEYTE; MUNICIPALITY OF BOGO, PROVINCE OF CEBU; MUNICIPALITY OF CATBALOGAN, PROVINCE OF WESTERN SAMAR; MUNICIPALITY OF TANDAG, PROVINCE OF SURIGAO DEL SUR; MUNICIPALITY OF BORONGAN, PROVINCE OF EASTERN SAMAR; AND MUNICIPALITY OF TAYABAS, PROVINCE OF QUEZON, RESPONDENTS. [G.R. NO. 177499] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF LAMITAN, PROVINCE OF BASILAN; MUNICIPALITY OF TABUK, PROVINCE OF KALINGA; MUNICIPALITY OF BAYUGAN, PROVINCE OF AGUSAN DEL SUR; MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS NORTE; MUNICIPALITY OF MATI, PROVINCE OF DAVAO ORIENTAL; AND MUNICIPALITY OF GUIHULNGAN, PROVINCE OF NEGROS ORIENTAL, RESPONDENTS. [G.R. NO. 178056] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF CABADBARAN, PROVINCE OF AGUSAN DEL NORTE; MUNICIPALITY OF CARCAR, PROVINCE OF CEBU; MUNICIPALITY OF EL SALVADOR, PROVINCE OF MISAMIS ORIENTAL; MUNICIPALITY OF NAGA, CEBU; AND DEPARTMENT OF BUDGET AND MANAGEMENT, RESPONDENTS.

  • [A. M. No. 08-19-SB-J, April 12 : 2011] ASSISTANT SPECIAL PROSECUTOR III ROHERMIA J. JAMSANI-RODRIGUEZ, COMPLAINANT, VS. JUSTICES GREGORY S. ONG, JOSE R. HERNANDEZ, AND RODOLFO A. PONFERRADA, SANDIGANBAYAN, RESPONDENTS.

  • [G.R. No. 180050, April 12 : 2011] RODOLFO G. NAVARRO, VICTOR F. BERNAL, AND RENE O. MEDINA, PETITIONERS, VS. EXECUTIVE SECRETARY EDUARDO ERMITA, REPRESENTING THE PRESIDENT OF THE PHILIPPINES; SENATE OF THE PHILIPPINES, REPRESENTED BY THE SENATE PRESIDENT; HOUSE OF REPRESENTATIVES, REPRESENTED BY THE HOUSE SPEAKER; GOVERNOR ROBERT ACE S. BARBERS, REPRESENTING THE MOTHER PROVINCE OF SURIGAO DEL NORTE; GOVERNOR GERALDINE ECLEO VILLAROMAN, REPRESENTING THE NEW PROVINCE OF DINAGAT ISLANDS, RESPONDENTS, CONGRESSMAN FRANCISCO T. MATUGAS, HON. SOL T. MATUGAS, HON. ARTURO CARLOS A. EGAY, JR., HON. SIMEON VICENTE G. CASTRENCE, HON. MAMERTO D. GALANIDA, HON. MARGARITO M. LONGOS, AND HON. CESAR M. BAGUNDOL, INTERVENORS.

  • [G.R. No. 175831, April 12 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. FLORANTE RELANES ALIAS "DANTE," APPELLANT.

  • [G.R. No. 189479, April 12 : 2011] JEROME JAPSON, PETITIONER, VS. CIVIL SERVICE COMMISSION, RESPONDENT.

  • [A.M. No. RTJ-09-2197 [FORMERLY OCA-I.P.I. NO. 08-3026-RTJ], April 13 : 2011] ANTONINO MONTICALBO, COMPLAINANT, VS. JUDGE CRESCENTE F. MARAYA, JR., REGIONAL TRIAL COURT, BRANCH 11, CALUBIAN, LEYTE, RESPONDENT.

  • [G.R. No. 183984, April 13 : 2011] ARTURO SARTE FLORES, PETITIONER, VS. SPOUSES ENRICO L. LINDO, JR. AND EDNA C. LINDO, RESPONDENTS.

  • [G.R. No. 150898, April 13 : 2011] OCEAN BUILDERS CONSTRUCTION CORP., AND/OR DENNIS HAO, PETITIONERS, VS. SPOUSES ANTONIO AND ANICIA CUBACUB, RESPONDENTS.

  • [G.R. No. 182262, April 13 : 2011] ROMULO B. DELA ROSA, PETITIONER, VS. MICHAELMAR PHILIPPINES, INC., SUBSTITUTED BY OSG SHIPMANAGEMENT MANILA, INC.,* AND/OR MICHAELMAR SHIPPING SERVICES, INC., RESPONDENTS.

  • [G.R. No. 135715, April 13 : 2011] PRESIDENTIAL AD HOC FACT- FINDING COMMITTEE ON BEHEST LOANS, REPRESENTED BY MAGDANGAL B. ELMA, PCGG CHAIRMAN AND ORLANDO C. SALVADOR AS CONSULTANT OF THE TECHNICAL WORKING GROUP OF THE AD-HOC COMMITTEE, PETITIONERS, VS. HONORABLE ANIANO A. DESIERTO AS OMBUDSMAN, PANFILO O. DOMINGO, CONRADO S. REYES, ENRIQUE M. HERBOZA, MOHAMMAD ALI DIMAPORO, ABDULLAH DIMAPORO AND AMER DIANALAN, RESPONDENTS.

  • [G.R. No. 190487, April 13 : 2011] BUREAU OF CUSTOMS, PETITIONER, VS. PETER SHERMAN, MICHAEL WHELAN, TEODORO B. LINGAN, ATTY. OFELIA B. CAJIGAL AND THE COURT OF TAX APPEALS, RESPONDENTS.

  • [G.R. No. 181440, April 13 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AIDA MARQUEZ, ACCUSED-APPELLANT. D E C I S I O N

  • [G.R. No. 170914, April 13 : 2011] STEFAN TITO MIÑOZA PETITIONER, VS. HON. CESAR TOMAS LOPEZ, IN HIS OFFICIAL CAPACITY AS MAYOR AND CHAIR, LOON COCKPIT ARENA BIDDING AND AWARDS COMMITTEE, ITS MEMBERS NAMELY: HERMINIGILDO M. CALIFORNIA, NOEL CASTROJO, JESSE SEVILLA, FORTUNATO GARAY, PERFECTO MANTE, ROGELIO GANADOS, P/INSP. JASEN MAGARAN, SANGGUNIANG BAYAN OF LOON, BOHOL, REPRESENTED BY ITS PRESIDING OFFICER, VICE MAYOR RAUL BARBARONA, AND MARCELO EPE, RESPONDENTS.

  • [G.R. No. 157717, April 13 : 2011] HEIRS OF MAXIMINO DERLA, NAMELY: ZELDA, JUNA, GERALDINE, AIDA, ALMA, ALL SURNAMED DERLA; AND SABINA VDA. DE DERLA, ALL REPRESENTED BY THEIR ATTORNEY-IN-FACT, ZELDA DERLA, PETITIONERS, VS. HEIRS OF CATALINA DERLA VDA. DE HIPOLITO, MAE D. HIPOLITO, ROGER ZAGALES, FRANCISCO DERLA, SR., JOVITO DERLA, EXALTACION POND, AND VINA U. CASAWAY, IN HER CAPACITY AS THE REGISTER OF DEEDS OF TAGUM, DAVAO DEL NORTE, RESPONDENTS.

  • [G.R. No. 189655, April 13 : 2011] AOWA ELECTRONIC PHILIPPINES, INC., PETITIONER, VS. DEPARTMENT OF TRADE AND INDUSTRY, NATIONAL CAPITAL REGION, RESPONDENT.

  • [G.R. No. 183569, April 13 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. VICENTE PUBLICO Y AMODIA, ACCUSED-APPELLANT.

  • [G.R. No. 168922, April 13 : 2011] WILFREDO Y. ANTIQUINA, PETITIONER, VS. MAGSAYSAY MARITIME CORPORATION AND/OR MASTERBULK, PTE., LTD., RESPONDENTS.

  • [G.R. No. 169292, April 13 : 2011] SPOUSES FRANCISCO DE GUZMAN, JR. AND AMPARO O. DE GUZMAN, PETITIONERS, VS. CESAR OCHOA AND SYLVIA A. OCHOA, REPRESENTED BY ARACELI S. AZORES, AS THEIR ATTORNEY-IN-FACT, RESPONDENTS.

  • [G.R. No. 166859 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. SANDIGANBAYAN (FIRST DIVISION), EDUARDO M. COJUANGCO, JR., AGRICULTURAL CONSULTANCY SERVICES, INC., ARCHIPELAGO REALTY CORP., BALETE RANCH, INC., BLACK STALLION RANCH, INC., CHRISTENSEN PLANTATION COMPANY, DISCOVERY REALTY CORP., DREAM PASTURES, INC., ECHO RANCH, INC., FAR EAST RANCH, INC., FILSOV SHIPPING COMPANY, INC., FIRST UNITED TRANSPORT, INC., HABAGAT REALTY DEVELOPMENT, INC., KALAWAKAN RESORTS, INC., KAUNLARAN AGRICULTURAL CORP., LABAYUG AIR TERMINALS, INC., LANDAIR INTERNATIONAL MARKETING CORP., LHL CATTLE CORP., LUCENA OIL FACTORY, INC., MEADOW LARK PLANTATIONS, INC., METROPLEX COMMODITIES, INC., MISTY MOUNTAIN AGRICULTURAL CORP., NORTHEAST CONTRACT TRADERS, INC., NORTHERN CARRIERS CORP., OCEANSIDE MARITIME ENTERPRISES, INC., ORO VERDE SERVICES, INC., PASTORAL FARMS, INC., PCY OIL MANUFACTURING CORP., PHILIPPINE TECHNOLOGIES, INC., PRIMAVERA FARMS, INC., PUNONG-BAYAN HOUSING DEVELOPMENT CORP., PURA ELECTRIC COMPANY, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., RADYO PILIPINO CORP., RANCHO GRANDE, INC., REDDEE DEVELOPERS, INC., SAN ESTEBAN DEVELOPMENT CORP., SILVER LEAF PLANTATIONS, INC., SOUTHERN SERVICE TRADERS, INC., SOUTHERN STAR CATTLE CORP., SPADE ONE RESORTS CORP., UNEXPLORED LAND DEVELOPERS, INC., VERDANT PLANTATIONS, INC., VESTA AGRICULTURAL CORP. AND WINGS RESORTS CORP., RESPONDENTS. [G.R. NO. 169203 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. SANDIGANBAYAN (FIRST DIVISION), EDUARDO M. COJUANGCO, JR., MEADOW LARK PLANTATIONS, INC., SILVER LEAF PLANTATIONS, INC., PRIMAVERA FARMS, INC., PASTORAL FARMS, INC., BLACK STALLION RANCH, INC., MISTY MOUNTAINS AGRICULTURAL CORP., ARCHIPELAGO REALTY CORP., AGRICULTURAL CONSULTANCY SERVICES, INC., SOUTHERN STAR CATTLE CORP., LHL CATTLE CORP., RANCHO GRANDE, INC., DREAM PASTURES, INC., FAR EAST RANCH, INC., ECHO RANCH, INC., LAND AIR INTERNATIONAL MARKETING CORP., REDDEE DEVELOPERS, INC., PCY OIL MANUFACTURING CORP., LUCENA OIL FACTORY, INC., METROPLEX COMMODITIES, INC., VESTA AGRICULTURAL CORP., VERDANT PLANTATIONS, INC., KAUNLARAN AGRICULTURAL CORP., ECJ & SONS AGRICULTURAL ENTERPRISES, INC., RADYO PILIPINO CORP., DISCOVERY REALTY CORP., FIRST UNITED TRANSPORT, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., ARCHIPELAGO FINANCE AND LEASING CORP., SAN ESTEBAN DEVELOPMENT CORP., CHRISTENSEN PLANTATION COMPANY, NORTHERN CARRIERS CORP., VENTURE SECURITIES, INC., BALETE RANCH, INC., ORO VERDE SERVICES, INC., AND KALAWAKAN RESORTS, INC., RESPONDENTS. [G.R. NO. 180702 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. EDUARDO M. COJUANGCO, JR., FERDINAND E. MARCOS, IMELDA R. MARCOS, EDGARDO J. ANGARA,* JOSE C. CONCEPCION, AVELINO V. CRUZ, EDUARDO U. ESCUETA, PARAJA G. HAYUDINI, JUAN PONCE ENRILE, TEODORO D. REGALA, DANILO URSUA, ROGELIO A. VINLUAN, AGRICULTURAL CONSULTANCY SERVICES, INC., ANGLO VENTURES, INC., ARCHIPELAGO REALTY CORP., AP HOLDINGS, INC., ARC INVESTMENT, INC., ASC INVESTMENT, INC., AUTONOMOUS DEVELOPMENT CORP., BALETE RANCH, INC., BLACK STALLION RANCH, INC., CAGAYAN DE ORO OIL COMPANY, INC., CHRISTENSEN PLANTATION COMPANY, COCOA INVESTORS, INC., DAVAO AGRICULTURAL AVIATION, INC., DISCOVERY REALTY CORP., DREAM PASTURES, INC., ECHO RANCH, INC., ECJ & SONS AGRI. ENT., INC., FAR EAST RANCH, INC., FILSOV SHIPPING COMPANY, INC., FIRST MERIDIAN DEVELOPMENT, INC., FIRST UNITED TRANSPORT, INC., GRANEXPORT MANUFACTURING CORP., HABAGAT REALTY DEVELOPMENT, INC., HYCO AGRICULTURAL, INC., ILIGAN COCONUT INDUSTRIES, INC., KALAWAKAN RESORTS, INC., KAUNLARAN AGRICULTURAL CORP., LABAYOG AIR TERMINALS, INC., LANDAIR INTERNATIONAL MARKETING CORP., LEGASPI OIL COMPANY, LHL CATTLE CORP., LUCENA OIL FACTORY, INC., MEADOW LARK PLANTATIONS, INC., METROPLEX COMMODITIES, INC., MISTY MOUNTAIN AGRICULTURAL CORP., NORTHEAST CONTRACT TRADERS, INC., NORTHERN CARRIERS CORP., OCEANSIDE MARITIME ENTERPRISES, INC., ORO VERDE SERVICES, INC., PASTORAL FARMS, INC., PCY OIL MANUFACTURING CORP., PHILIPPINE RADIO CORP., INC., PHILIPPINE TECHNOLOGIES, INC., PRIMAVERA FARMS, INC., PUNONG-BAYAN HOUSING DEVELOPMENT CORP., PURA ELECTRIC COMPANY, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., RADYO PILIPINO CORP., RANCHO GRANDE, INC., RANDY ALLIED VENTURES, INC., REDDEE DEVELOPERS, INC., ROCKSTEEL RESOURCES, INC., ROXAS SHARES, INC., SAN ESTEBAN DEVELOPMENT CORP., SAN MIGUEL CORPORATION OFFICERS, INC., SAN PABLO MANUFACTURING CORP., SOUTHERN LUZON OIL MILLS, INC., SILVER LEAF PLANTATIONS, INC., SORIANO SHARES, INC., SOUTHERN SERVICE TRADERS, INC., SOUTHERN STAR CATTLE CORP., SPADE 1 RESORTS CORP., TAGUM AGRICULTURAL DEVELOPMENT CORP., TEDEUM RESOURCES, INC., THILAGRO EDIBLE OIL MILLS, INC., TODA HOLDINGS, INC., UNEXPLORED LAND DEVELOPERS, INC., VALHALLA PROPERTIES, INC., VENTURES SECURITIES, INC., VERDANT PLANTATIONS, INC., VESTA AGRICULTURAL CORP. AND WINGS RESORTS CORP., RESPONDENTS. JOVITO R. SALONGA, WIGBERTO E. TAÑADA, OSCAR F. SANTOS, VIRGILIO M. DAVID, ROMEO C. ROYANDAYAN FOR HIMSELF AND FOR SURIGAO DEL SUR FEDERATION OF AGRICULTURAL COOPERATIVES (SUFAC), MORO FARMERS ASSOCIATION OF ZAMBOANGA DEL SUR (MOFAZS) AND COCONUT FARMERS OF SOUTHERN LEYTE COOPERATIVE (COFA-SL); PHILIPPINE RURAL RECONSTRUCTION MOVEMENT (PRRM), REPRESENTED BY CONRADO S. NAVARRO; COCONUT INDUSTRY REFORM MOVEMENT, INC. (COIR) REPRESENTED BY JOSE MARIE T. FAUSTINO; VICENTE FABE FOR HIMSELF AND FOR PAMBANSANG KILUSAN NG MGA SAMAHAN NG MAGSASAKA (PAKISAMA); NONITO CLEMENTE FOR HIMSELF AND FOR THE NAGKAKAISANG UGNAYAN NG MGA MALILIIT NA MAGSASAKA AT MANGGAGAWA SA NIYUGAN (NIUGAN); DIONELO M. SUANTE, SR. FOR HIMSELF AND FOR KALIPUNAN NG MALILIIT NA MAGNINIYOG NG PILIPINAS (KAMMPIL), INC., PETITIONERS-INTERVENORS.

  • [G.R. NO. 169203 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. SANDIGANBAYAN (FIRST DIVISION), EDUARDO M. COJUANGCO, JR., MEADOW LARK PLANTATIONS, INC., SILVER LEAF PLANTATIONS, INC., PRIMAVERA FARMS, INC., PASTORAL FARMS, INC., BLACK STALLION RANCH, INC., MISTY MOUNTAINS AGRICULTURAL CORP., ARCHIPELAGO REALTY CORP., AGRICULTURAL CONSULTANCY SERVICES, INC., SOUTHERN STAR CATTLE CORP., LHL CATTLE CORP., RANCHO GRANDE, INC., DREAM PASTURES, INC., FAR EAST RANCH, INC., ECHO RANCH, INC., LAND AIR INTERNATIONAL MARKETING CORP., REDDEE DEVELOPERS, INC., PCY OIL MANUFACTURING CORP., LUCENA OIL FACTORY, INC., METROPLEX COMMODITIES, INC., VESTA AGRICULTURAL CORP., VERDANT PLANTATIONS, INC., KAUNLARAN AGRICULTURAL CORP., ECJ & SONS AGRICULTURAL ENTERPRISES, INC., RADYO PILIPINO CORP., DISCOVERY REALTY CORP., FIRST UNITED TRANSPORT, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., ARCHIPELAGO FINANCE AND LEASING CORP., SAN ESTEBAN DEVELOPMENT CORP., CHRISTENSEN PLANTATION COMPANY, NORTHERN CARRIERS CORP., VENTURE SECURITIES, INC., BALETE RANCH, INC., ORO VERDE SERVICES, INC., AND KALAWAKAN RESORTS, INC., RESPONDENTS.

  • [G.R. NO. 180702 : April 12, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. EDUARDO M. COJUANGCO, JR., FERDINAND E. MARCOS, IMELDA R. MARCOS, EDGARDO J. ANGARA,* JOSE C. CONCEPCION, AVELINO V. CRUZ, EDUARDO U. ESCUETA, PARAJA G. HAYUDINI, JUAN PONCE ENRILE, TEODORO D. REGALA, DANILO URSUA, ROGELIO A. VINLUAN, AGRICULTURAL CONSULTANCY SERVICES, INC., ANGLO VENTURES, INC., ARCHIPELAGO REALTY CORP., AP HOLDINGS, INC., ARC INVESTMENT, INC., ASC INVESTMENT, INC., AUTONOMOUS DEVELOPMENT CORP., BALETE RANCH, INC., BLACK STALLION RANCH, INC., CAGAYAN DE ORO OIL COMPANY, INC., CHRISTENSEN PLANTATION COMPANY, COCOA INVESTORS, INC., DAVAO AGRICULTURAL AVIATION, INC., DISCOVERY REALTY CORP., DREAM PASTURES, INC., ECHO RANCH, INC., ECJ & SONS AGRI. ENT., INC., FAR EAST RANCH, INC., FILSOV SHIPPING COMPANY, INC., FIRST MERIDIAN DEVELOPMENT, INC., FIRST UNITED TRANSPORT, INC., GRANEXPORT MANUFACTURING CORP., HABAGAT REALTY DEVELOPMENT, INC., HYCO AGRICULTURAL, INC., ILIGAN COCONUT INDUSTRIES, INC., KALAWAKAN RESORTS, INC., KAUNLARAN AGRICULTURAL CORP., LABAYOG AIR TERMINALS, INC., LANDAIR INTERNATIONAL MARKETING CORP., LEGASPI OIL COMPANY, LHL CATTLE CORP., LUCENA OIL FACTORY, INC., MEADOW LARK PLANTATIONS, INC., METROPLEX COMMODITIES, INC., MISTY MOUNTAIN AGRICULTURAL CORP., NORTHEAST CONTRACT TRADERS, INC., NORTHERN CARRIERS CORP., OCEANSIDE MARITIME ENTERPRISES, INC., ORO VERDE SERVICES, INC., PASTORAL FARMS, INC., PCY OIL MANUFACTURING CORP., PHILIPPINE RADIO CORP., INC., PHILIPPINE TECHNOLOGIES, INC., PRIMAVERA FARMS, INC., PUNONG-BAYAN HOUSING DEVELOPMENT CORP., PURA ELECTRIC COMPANY, INC., RADIO AUDIENCE DEVELOPERS INTEGRATED ORGANIZATION, INC., RADYO PILIPINO CORP., RANCHO GRANDE, INC., RANDY ALLIED VENTURES, INC., REDDEE DEVELOPERS, INC., ROCKSTEEL RESOURCES, INC., ROXAS SHARES, INC., SAN ESTEBAN DEVELOPMENT CORP., SAN MIGUEL CORPORATION OFFICERS, INC., SAN PABLO MANUFACTURING CORP., SOUTHERN LUZON OIL MILLS, INC., SILVER LEAF PLANTATIONS, INC., SORIANO SHARES, INC., SOUTHERN SERVICE TRADERS, INC., SOUTHERN STAR CATTLE CORP., SPADE 1 RESORTS CORP., TAGUM AGRICULTURAL DEVELOPMENT CORP., TEDEUM RESOURCES, INC., THILAGRO EDIBLE OIL MILLS, INC., TODA HOLDINGS, INC., UNEXPLORED LAND DEVELOPERS, INC., VALHALLA PROPERTIES, INC., VENTURES SECURITIES, INC., VERDANT PLANTATIONS, INC., VESTA AGRICULTURAL CORP. AND WINGS RESORTS CORP., RESPONDENTS. JOVITO R. SALONGA, WIGBERTO E. TAADA, OSCAR F. SANTOS, VIRGILIO M. DAVID, ROMEO C. ROYANDAYAN FOR HIMSELF AND FOR SURIGAO DEL SUR FEDERATION OF AGRICULTURAL COOPERATIVES (SUFAC), MORO FARMERS ASSOCIATION OF ZAMBOANGA DEL SUR (MOFAZS) AND COCONUT FARMERS OF SOUTHERN LEYTE COOPERATIVE (COFA-SL); PHILIPPINE RURAL RECONSTRUCTION MOVEMENT (PRRM), REPRESENTED BY CONRADO S. NAVARRO; COCONUT INDUSTRY REFORM MOVEMENT, INC. (COIR) REPRESENTED BY JOSE MARIE T. FAUSTINO; VICENTE FABE FOR HIMSELF AND FOR PAMBANSANG KILUSAN NG MGA SAMAHAN NG MAGSASAKA (PAKISAMA); NONITO CLEMENTE FOR HIMSELF AND FOR THE NAGKAKAISANG UGNAYAN NG MGA MALILIIT NA MAGSASAKA AT MANGGAGAWA SA NIYUGAN (NIUGAN); DIONELO M. SUANTE, SR. FOR HIMSELF AND FOR KALIPUNAN NG MALILIIT NA MAGNINIYOG NG PILIPINAS (KAMMPIL), INC., PETITIONERS-INTERVENORS.

  • [G.R. No. 171542 : April 6, 2011] ANGELITO P. MAGNO, Petitioner, v. PEOPLE OF THE PHILIPPINES , MICHAEL MONSOD, ESTHER LUZ MAE GREGORIO, GIAN CARLO CAJOLES, NENETTE CASTILLON, DONATO ENABE and ALFIE FERNANDEZ, Respondents.

  •  





     
     

    [G.R. No. 163039, April 06 : 2011]   HEIRS OF FRANCISCO RETUYA, FELICITAS R. PINTOR, HEIRS OF EPIFANIA R. SEMBLANTE, NAMELY, PREMILINO SEMBLANTE, LUCIFINA S. TAGALOG, URSULINA S. ALMACEN; HEIRS OF JUAN RETUYA, NAMELY, BALBINA R. RODRIGUEZ, DOLORES R. RELACION, SINFOROSA R. BASUBAS, TEOPISTA R. BASUBAS, FERNANDO RETUYA, BALDOMERO RETUYA, TEOFILO RETUYA, LEONA COLINA, FIDELA R. RAMIREZ, MARTINA R. ALBAÑO, SEVERINA R. CABAHUG; HEIRS OF RAFAELA VILLAMOR; ELIZABETH V. ALESNA; HEIRS OF QUINTIN RETUYA, NAMELY, FELIMON RETUYA, SOFIA RETUYA, RUDOLFA RETUYA AND ELISA RETUYA, PETITIONERS, VS. HONORABLE COURT OF APPEALS, HON. ULRIC CAÑETE AS PRESIDING JUDGE OF REGIONAL TRIAL COURT BRANCH 55, MANDAUE CITY, NICOLAS RETUYA; HEIRS OF EULOGIO RETUYA, NAMELY, MIGUEL RETUYA, RAMON RETUYA, GIL RETUYA, PIO RETUYA, MELANIO RETUYA, NICANOR RETUYA, LEONILA RETUYA, AQUILINA RETUYA, LUTGARDA RETUYA AND PROCOPIO VILLANUEVA, RESPONDENTS.

     
    SECOND DIVISION

    [G.R. No. 163039, April 06 : 2011]

    HEIRS OF FRANCISCO RETUYA, FELICITAS R. PINTOR, HEIRS OF EPIFANIA R. SEMBLANTE, NAMELY, PREMILINO SEMBLANTE, LUCIFINA S. TAGALOG, URSULINA S. ALMACEN; HEIRS OF JUAN RETUYA, NAMELY, BALBINA R. RODRIGUEZ, DOLORES R. RELACION, SINFOROSA R. BASUBAS, TEOPISTA R. BASUBAS, FERNANDO RETUYA, BALDOMERO RETUYA, TEOFILO RETUYA, LEONA COLINA, FIDELA R. RAMIREZ, MARTINA R. ALBAÑO, SEVERINA R. CABAHUG; HEIRS OF RAFAELA VILLAMOR; ELIZABETH V. ALESNA; HEIRS OF QUINTIN RETUYA, NAMELY, FELIMON RETUYA, SOFIA RETUYA, RUDOLFA RETUYA AND ELISA RETUYA, PETITIONERS, VS. HONORABLE COURT OF APPEALS, HON. ULRIC CAÑETE AS PRESIDING JUDGE OF REGIONAL TRIAL COURT BRANCH 55, MANDAUE CITY, NICOLAS RETUYA; HEIRS OF EULOGIO RETUYA, NAMELY, MIGUEL RETUYA, RAMON RETUYA, GIL RETUYA, PIO RETUYA, MELANIO RETUYA, NICANOR RETUYA, LEONILA RETUYA, AQUILINA RETUYA, LUTGARDA RETUYA AND PROCOPIO VILLANUEVA, RESPONDENTS.

    D E C I S I O N


    PERALTA, J.:

    Assailed in this petition for review on certiorari are the Resolutions dated November 28, 2003[1] and March 3, 2004[2]  of the Court of Appeals (CA) in CA-G.R. SP No. 76235, which dismissed petitioners' Petition for Annulment of Judgment and their Motion for Reconsideration, respectively.

    Severo Retuya (Severo) and Maxima Mayol Retuya (Maxima) were husband and wife without any children. Severo left several parcels of land registered under his name which are located in Mandaue City, to wit:

    A parcel of land situated in Barangay Tipolo, City of Mandaue, known as Lot No. 113-U of the Subdivision Plan, Psd -07-016382 being a portion of Lot No. 113, II-5121 Amd. (Hacienda Mandaue) LRC Rec. 4030, containing an area of Two Hundred and Eighty-One (281) sq. meters described in the Transfer Certificate of Title No. 26728 in the Office of the Registry of Land Title and Deeds of Mandaue City.

    A parcel of land located in Barangay Tipolo, Mandaue City, known as Lot No. 5 of the consolidation of Lot No. 122-Q, 122-R, 122-S, 122-T, 122-U, 122-V, 122-W, 122-X, 122-U, 122-AA, Psd 07-05-12450, LRC Rec. No. 4030, containing an area of Five Hundred Seventy-Four (574) sq. meters, described in the Transfer Certificate of Title No. 25213 of the Office of the Registry of Land Title and Deeds of Mandaue City.

    A parcel of land located in Barangay Tipolo, Mandaue City, known as Lot No. 10 of the consolidation of Lot No. 122-Q, 122-R, 122-S, 122-T, 122-U, 122-V, 122-W, 122-X, 122-Y and 122-AA, Psd 07-05-12450, LRC Rec. No. 4030, containing an area of Four Hundred Forty-Two (442) sq. meters, described in the Transfer Certificate of Title No. 25218 of the Office of the Registry of Land Title and Deeds of Mandaue City.

    A parcel of land, Lot No. 121-1-10 of the subdivision plan, Psd 07-023191, being  a portion of Lot 121-1, LRC Psd. 262374, LRC Rec. No. 4030 located in Banilad, Mandaue City, containing an area of One Thousand Five Hundred (1,500) sq. meters described under TCT 32718 of the Registry of Land Title and Deeds of Mandaue City.

    A parcel of land, Lot No. 47-L of the subdivision plan Psd. 07-05-012479, being a portion of Lot 47-11-5121 Amd Hacienda Mandaue LRC Rec. No. 4030, situated in Barangay Banilad, Mandaue City, covered by TCT 21687 in the Registry of Land Titles and Deeds for the City of Mandaue.[3]

    Some of these parcels of land were covered by a lease contract, the rentals of which were received by respondents Nicolas Retuya and Procopio Villanueva, while Lot No. 47-L, covered by TCT No. 21687, was previously sold by the Heirs of Severo and Maxima Retuya to third persons.

    On June 14, 1961, Severo died intestate, survived by his wife Maxima and by Severo's full blood brothers and sisters, namely, Nicolas, Francisco, Quintin, Eulogio, Ruperto, Epifania, Georgia and the Heirs of Juan Retuya (Severo's brother who had died earlier), as well as Severo's half-blood siblings, namely, Romeo, Leona, Rafaela, Fidela, Severina and Martina.

    Sometime in 1971, Maxima also died intestate, survived by her siblings, namely, Fructuoso, Daniel, Benjamin, Lorenzo, Concepcion and Teofila.

    In 1996, Severo and Maxima's siblings and their nephews and nieces, herein petitioners, filed with the Regional Trial Court (RTC) of Mandaue City, an action[4] for judicial partition of the above-mentioned real properties registered under the names of Severo and Maxima, and the accounting of the rentals derived therefrom against Severo's two other brothers, respondents Nicolas and his son Procopio Villanueva, and Eulogio, who was represented by the latter's heirs.

    Respondents Heirs of Eulogio filed their Answer[5] claiming that Severo had already sold the subject lands to their father Eulogio by virtue of a notarized Deed of Absolute Sale of Interests and Pro Indiviso Shares to Lands dated March 29, 1961; thus, petitioners have no right to ask for the partition of the subject properties, as respondents heirs are the owners of the same. On the other hand, respondents Nicolas and his son Procopio filed their Answer[6] admitting to have collected rentals on some of the subject properties and that such rentals were still intact and ready for partition; and that they were willing to partition the properties but were opposed by their co-respondents.

    After trial, the RTC rendered a Decision[7] dated August 9, 2001, the dispositive portion of which reads as follows:

    WHEREFORE, premises considered, judgment is rendered declaring the heirs of Eulogio Retuya as owners of the 1/16 share of Severo Retuya to ½ of the subject properties representing the shares of the late Severo Retuya which he inherited from his deceased father, Esteban Retuya and which he sold to Eulogio Retuya as follows:
    Lot 113-U                        - 48.78 sq. meters
    Lot 5                                 - 99.65 sq. meters
    Lot 121-1-10-260             - 42 sq. meters.
    and that the remaining areas of these properties, which have not been sold to defendants Heirs of Eulogio Retuya, as well as the rental, be partitioned among the herein parties in accordance with law.

    Lot No. 10 is a road right of way and should not be partitioned.[8]

    Respondents Heirs of Eulogio filed a Motion for Correction[9] of Mathematical Computation of their share in Lot 121-1-10 alleging that their correct share should be 255 sq. meters, instead of 42 sq. meters.

    Petitioners, through their then counsel, Atty. Ernesto B. Mayol, filed a Comment[10] manifesting that they will submit and abide by whatever resolution the RTC may adopt or render in relation to the Motion for Correction of Mathematical Computation.  The other respondents, represented by Atty. Basilio Duaban, did not file any comment despite receipt of the Order[11] to do so.

    On October 23, 2001, the RTC issued an Order,[12] the dispositive portion of which reads:

    WHEREFORE, the decision dated August 9, 2001 is amended by changing the area of 42 sq. meters to 255 sq. meters, and the dispositive portion of said decision will now read as follows:

    WHEREFORE, premises considered, judgment is rendered declaring the Heirs of Eulogio Retuya as owners of the 1/16 share of Severo Retuya to the ½ of the subject properties representing the shares of the late Severo Retuya, which he inherited from his deceased father, Esteban Retuya and which he sold to Eulogio Retuya as follows:

    Lot 113-U                        - 48.78 sq. meters
    Lot 5                                 - 99.65 sq. meters
    Lot 121-1-10-260             - 42 sq. meters.

    and that the remaining areas of these properties, which have not been sold to defendants Heirs of Eulogio Retuya as well as the rental be partitioned among the herein parties in accordance with law.

    Lot No. 10 is a road right of way and should not be partitioned.
    Furnish parties, through counsels, copy of this Order for their information.[13]

    The RTC decision became final and executory.[14]

    Respondents Heirs of Eulogio filed a Motion for the Issuance of a Writ of Execution, which the RTC granted in its Order[15] dated March 15, 2002.

    Petitioners, through Atty. Norberto Luna, Jr., as collaborating counsel, filed a Motion to Hold in Abeyance the Implementation of the Writ of Execution with Motion for Clarification and Precautionary Reservation to File Pertinent Pleadings and Legal Remedies.[16] Respondents Heirs of Eulogio filed their Opposition[17] thereto.

    In an Order[18] dated June 14, 2002, the RTC denied the motion, and the Writ of Execution[19] was issued.

    Respondents Heirs of Eulogio filed a Motion to Authorize the Branch Clerk of Court to Enforce the Amended Decision.[20]  Petitioners were ordered by the RTC to file their Comment thereto. [21]

    Petitioners filed their Comment with Prayer for the Issuance of a Clarificatory Order[22] as to how the RTC arrived at the new computation of 255 sq. meters from the original award of 42 sq. meters for Lot No. 121-1-10-260.

    In an Order[23] dated  February 17, 2003, the RTC, after finding that what was at issue was just the matter of  mathematical computation of the area adjudicated to the parties,  and in the interest of substantial justice, set a conference to settle once and for all the exact computation of the parties' respective shares.

    On February 24, 2003, petitioners filed with the CA a Petition for Annulment of Judgment of the RTC Order dated October 23, 2001, amending the decision dated August 9, 2001, claiming that the questioned Order was a patent nullity for want of jurisdiction and utter lack of due process.

    On April 30, 2003, petitioners filed with the RTC a Manifestation[24] submitting the mathematical computation and/or mode of partitioning the shares of the opposing parties.

    As the RTC was in receipt of a copy of the Petition for Annulment of Judgment filed with the CA, it issued an Order[25] holding in abeyance the resolution of respondents' Motion to Authorize the Branch Clerk of Court to enforce the RTC decision pending such petition.

    In a Resolution[26] dated April 24, 2003, the CA outrightly dismissed the Petition for Annulment of Judgment.  It found that three of the petitioners, namely, Promilino Semblante, Salome Retuya and Fernando Retuya, did not sign the certification of non-forum shopping; and that the payment of the docket fee was short of P480.00.

    Petitioners filed their Motion for Reconsideration, which the CA granted in a Resolution[27] dated July 3, 2003 and reinstated the petition.

    On July 22, 2003, respondents Heirs of Eulogio filed a Motion for Reconsideration of the July 3, 2003 Resolution,[28] on the ground that it was made to appear in the Petition for Annulment of Judgment that Quintin Retuya, one of the petitioners, had signed the certification against forum shopping on March 18, 2003, when he had already died on July 29, 1996; that the signature of co-petitioner Romeo Retuya in the certification against forum shopping was not his, as compared to his signature in the letter which respondents attached to the motion for reconsideration; and that Romeo suffered a stroke in January 2003 and was bedridden until he died on April 28, 2003.

    In a Resolution dated November 28, 2003, the CA granted respondents' Motion for Reconsideration and dismissed the petition, as no Comment was filed by petitioners. The CA said that Section 5, Rule 7 of the Rules of Court provides that the principal party shall sign the certification against forum shopping, as the attestation requires personal knowledge by the party who executed the same, otherwise, it would cause the dismissal of the petition.  Considering that Quintin, one of the parties to the petition, died on July 29, 1996, it could have been impossible for him to sign the Petition dated March 18, 2003.

    A Motion for Reconsideration[29]  was filed by Atty. Renante dela Cerna as counsel for petitioners, contending that there was substantial compliance with the rule on certification against forum shopping when majority of the principal parties were able to sign the verification and certification against forum shopping.  Attached in the motion for reconsideration was the affidavit of the Heirs of Quintin acknowledging said mistake and submitted a verification and certification duly signed by the heirs.

    On March 3, 2004, the CA issued a Resolution denying petitioners' motion for reconsideration.  In so ruling, the CA said:

    While it may be true that when majority of the parties have signed the certification against non-forum shopping would constitute "substantial compliance," this Court cannot apply the same rule to petitioners. First, petitioners' counsel failed to explain why a dead person/party was able to sign the certification against non-forum shopping. The issue is not the parties' substantial compliance, but the dishonesty committed by the parties and/or their counsel when they made it appear that one of the listed parties signed the certification when in fact he died long before the petition was filed. Under Circular No. 28-91 of the Supreme Court and Section 5, Rule 7 of the Rules of Court, the attestation contained in the certification on non-forum shopping requires personal knowledge by the party who executed the same.  The liberal interpretation of the rules cannot be accorded to parties who commit dishonesty and falsehood in court.

    Second, records reveal that this Motion for reconsideration was signed by a certain Atty. Renante A. Dela Cerna as counsel for the petitioners without the counsel of record, Atty. Norberto A. Luna's formal withdrawal. No notice of substitution of counsel was filed by the petitioners and Atty. Dela Cerna never entered his appearance as counsel for petitioner.

    x x x x

    There being no formal withdrawal or substitution of counsel made, Atty. Norberto A. Luna remains the counsel of record for petitioners. Atty. Luna may not be presumed substituted by Atty. Renante Dela Cerna merely by the latter's filing or signing of the motion for reconsideration.  In the absence of compliance with the essential requirements for valid substitution of counsel of record, the court can presume that Atty. Luna continuously represents the petitioners. Hence, Atty. Renante Dela Cerna has no right to represent the petitioners in this case. [30]

    Hence, this petition wherein petitioners raise the sole ground that:

    THE RESPONDENT COURT OF APPEALS SERIOUSLY ERRED IN DISMISSING THE PETITIONERS' PETITION BY RULING AGAINST THE PETITIONERS' SUBSTANTIAL COMPLIANCE TO THE CERTIFICATION AGAINST NON-FORUM SHOPPING FOR THE ALLEGED DISHONESTY COMMITTED BY THE PARTIES AND/OR THEIR COUNSEL WHEN THEY MADE IT APPEAR THAT ONE OF THE LISTED PARTIES SIGNED THE CERTIFICATION, WHEN IN FACT HE DIED BEFORE THE PETITION WAS FILED.[31]


    The CA dismissed the Petition for Annulment of Judgment after it found that Quintin, one of the parties to the petition, had already died on July 29, 1996, thus, it was impossible for him to have signed the verification and certification of non-forum shopping attached to the petition filed on March 18, 2003. The CA found petitioners to have committed dishonesty and falsehood to the court, thus, it could not apply the liberal interpretation of the rule on certification against forum shopping.

    We found no reversible error committed by the CA.

    As correctly observed by the CA, while we have in a number of cases[32] applied the substantial compliance rule on the filing of the certification of non-forum shopping, specially when majority of the principal parties had signed the same and who shared a common interest, We agree with the CA that such leniency finds no applicability in this case because of petitioners' dishonesty committed against the appellate court.  A perusal of the verification and certification against forum shopping attached to the petition for annulment of judgment filed in the CA would show that there was a signature above the typewritten name of Quintin.  In fact, written below the signature of Quintin was Community Tax Certificate (CTC) No. 06570132, issued on January 8, 2003 in Mandaue City. Thus, it would appear that Quintin, who was already dead at the time the petition was filed, had signed the verification and certification of non-forum shopping and he was even in possession of a CTC.  Petitioners' actuation showed their lack of forthrightness to the CA which the latter correctly found to be a dishonest act committed against it.

    Petitioners allege that the explanation of their former counsel on record,  Atty. Luna, to the show cause order issued by the CA to him that: (1) he had no intention to make it appear that a dead man in the person of Quintin was able to sign the verification and certification against forum shopping; (2) when he entered his appearance as counsel for petitioners before the RTC, he, the RTC, the co-petitioners and the other respondents, as well as their counsel, knew of the fact of Quintin's death and the status of Felimon Retuya who immediately substituted his father, and in behalf of his siblings; (3) that in his entry of appearance filed before the RTC, it was Felimon, one of  Quintin's heirs, who signed in the above typewritten name of Quintin, were found by the CA to be meritorious and noted the same. Thus, petitioners claim that they also have no intention of deceiving respondents, since as explained by Atty. Luna, all the parties and counsels knew of the death of Quintin.

    We are not persuaded.

    Notwithstanding that the CA had found the explanation of Atty. Luna to be meritorious, the CA did not err when it dismissed the petition. Notably, there was a signature above the typewritten name of Quintin without any showing that it was signed by another person for or in behalf of Quintin.  In the absence of such qualification, it appeared before the CA that Quintin was the one who signed the same, especially since the CA did not know of the fact of Quintin's death. There was nothing in the petition for annulment of judgment which alleged such information.  In fact, we do not find any sufficient explanation given by petitioners as to why there was a signature of Quintin appearing in the verification and certification against forum shopping.

    We also find that the CA correctly denied the motion for reconsideration on  the ground  that  Atty. Renante dela Cerna,  the lawyer who filed the motion for reconsideration, had no right to represent petitioners.

    Under Section 26, Rule 138 of the Rules of Court and established jurisprudence, a valid substitution of counsel has the following requirements: (1) the filing of a written application for substitution; (2) the client's written consent; (3) the consent of the substituted lawyer if such consent can be obtained; and, in case such written consent cannot be procured, (4) a proof of service of notice of such motion on the attorney to be substituted in the manner required by the Rules.[33]  In this case, petitioners failed to comply with the above requirements.

    Atty. Dela Cerna, as counsel for petitioners, filed the motion for reconsideration on December 22, 2003.  However, he is not the counsel on record of petitioners, but Atty. Luna.  Petitioners did not file a motion for substitution of counsel on record before the filing of the motion for reconsideration.  It is worthy to mention that Atty. Dela Cerna did not even file a notice of appearance.  If it has been held that courts may not presume that the counsel of record has been substituted by a second counsel merely from the filing of a formal appearance by the latter,[34] then with more reason that Atty. Dela Cerna could not be considered to have substituted Atty. Luna as there was no notice of his entry of appearance at all.

    The fact that Atty. Luna was still the counsel on record at the time Atty. Dela Cerna filed his motion for reconsideration was established in Atty. Luna's Explanation dated March 19, 2004 to the CA's Show Cause Order to him wherein he prayed therein that an Order be issued relieving him of his legal obligations to petitioners. Moreover, on April 30, 2004, petitioners through their counsel on record, Atty. Luna, filed a motion for substitution of counsels wherein they alleged that they engaged the services of Atty. Jorge Esparagosa as their new counsel and relieved Atty. Luna of all his legal obligations to them.  Notably, there was no mention at all of Atty. Dela Cerna.  Indeed, there was no showing of the authority of Atty. Dela Cerna to file the motion for reconsideration for petitioners.  Thus, the CA correctly found that Atty. Dela Cerna has no personality to represent petitioners and file the motion for reconsideration.

    WHEREFORE, the petition is DENIED. The Resolutions dated November 28, 2003 and March 3, 2004 of the Court of Appeals are AFFIRMED.

    SO ORDERED.

    Carpio, (Chairperson), Abad, Mendoza, and Sereno,* JJ., concur.

    Endnotes:


    *  Designated as an additional member in lieu of Associate Justice Antonio Eduardo B. Nachura, per Special Order No. 978, dated March 30, 2011.

    [1]  Penned by Associate Justice Remedios Salazar-Fernando, with Associate Justices Delilah Vidallon-Magtolis and Edgardo F. Sundiam, concurring: rollo, pp. 35-36.

    [2]  Id. at  47-50.

    [3] Records, pp. 2-3.

    [4] Docketed as Civil Case No. MAN-2602; raffled off  to Branch 55.

    [5]  Records, pp. 13-16.

    [6]  Id. at 24-26.

    [7]  Per Judge Ulric R. Cañete; rollo, pp. 73-80.

    [8]  Id. at 79-80.

    [9]  Records, pp. 193-194.

    [10] Id. at 197.

    [11] Id. at 198-199.

    [12] Id.

    [13] Id.

    [14] Id. at 205.

    [15] Id. at 208.

    [16] Id. at 210-212.

    [17] Id. at 214-215.

    [18] Id. at 218.

    [19] Id. at 220-221.

    [20] Id.

    [21] Id. at 233.

    [22] Id. at 235-237.

    [23] Id. at 239.

    [24] Id. at 270-273.

    [25] Id. at 274-275.

    [26] Rollo, pp. 83-84.

    [27] Id. at 99-101.

    [28] Rollo, pp. 103-104.

    [29] Id. at 37-44.

    [30] Id. at 47-48.

    [31] Id. at 26.

    [32] Heirs of Agapito T. Olarte v. Office of the President of the Philippines, G.R. No. 165821, June 21, 2005, 460 SCRA 561; Cavile v. Heirs of Clarita Cavile, 448 Phil. 302, 311 (2003).

    [33]  See Bernardo v. Court of Appeals (Special Sixth Division), G.R. No. 106153, July 14, 1997, 275 SCRA 413, 427, citing Yu v. Court of Appeals, 135 SCRA 181, 189-190 (1985), citing Aban v. Enage, 120 SCRA 778 (1983) and Phil. Apparel Workers Union v. NLRC, 125 SCRA 391 (1983).

    [34]  Id., citing  Sumadchat v. Court of Appeals, 111 SCRA 488, 499 (1982).

    [G.R. No. 163039, April 06 : 2011]   HEIRS OF FRANCISCO RETUYA, FELICITAS R. PINTOR, HEIRS OF EPIFANIA R. SEMBLANTE, NAMELY, PREMILINO SEMBLANTE, LUCIFINA S. TAGALOG, URSULINA S. ALMACEN; HEIRS OF JUAN RETUYA, NAMELY, BALBINA R. RODRIGUEZ, DOLORES R. RELACION, SINFOROSA R. BASUBAS, TEOPISTA R. BASUBAS, FERNANDO RETUYA, BALDOMERO RETUYA, TEOFILO RETUYA, LEONA COLINA, FIDELA R. RAMIREZ, MARTINA R. ALBAÑO, SEVERINA R. CABAHUG; HEIRS OF RAFAELA VILLAMOR; ELIZABETH V. ALESNA; HEIRS OF QUINTIN RETUYA, NAMELY, FELIMON RETUYA, SOFIA RETUYA, RUDOLFA RETUYA AND ELISA RETUYA, PETITIONERS, VS. HONORABLE COURT OF APPEALS, HON. ULRIC CAÑETE AS PRESIDING JUDGE OF REGIONAL TRIAL COURT BRANCH 55, MANDAUE CITY, NICOLAS RETUYA; HEIRS OF EULOGIO RETUYA, NAMELY, MIGUEL RETUYA, RAMON RETUYA, GIL RETUYA, PIO RETUYA, MELANIO RETUYA, NICANOR RETUYA, LEONILA RETUYA, AQUILINA RETUYA, LUTGARDA RETUYA AND PROCOPIO VILLANUEVA, RESPONDENTS.


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