ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
February-2011 Jurisprudence                 

  • [A.M. No. 2007-22-SC, February 01, 2011] RE: ANONYMOUS COMPLAINT AGAINST MS. HERMOGENA F. BAYANI FOR DISHONESTY.

  • [G.R. No. 159618 : February 01, 2011] BAYAN MUNA, AS REPRESENTED BY REP. SATUR OCAMPO, REP. CRISPIN BELTRAN, AND REP. LIZA L. MAZA, PETITIONER, VS. ALBERTO ROMULO, IN HIS CAPACITY AS EXECUTIVE SECRETARY, AND BLAS F. OPLE, IN HIS CAPACITY AS SECRETARY OF FOREIGN AFFAIRS, RESPONDENTS.

  • [A.M. No. RTJ-00-1600* : February 01, 2011] VIVIAN T. DABU, ASSISTANT PROVINCIAL PROSECUTOR, COMPLAINANT, VS. EDUARDO RODEN E. KAPUNAN, PRESIDING JUDGE, BRANCH 51 AND ACTING JUDGE, BRANCH 52,+ MA. THERESA CORTEZ, LEILA O. GALO, BOTH COURT STENOGRAPHERS, SUZETTE O. TIONGCO, LEGAL RESEARCHER, ALL OF REGIONAL TRIAL COURT, BRANCH 51, GUAGUA, PAMPANGA, RESPONDENTS. [A.M. No. 01-3-138-RTC : February 01, 2011] RE: EVALUATION OF THE REPORT AND INVENTORY SUBMITTED BY EXECUTIVE JUDGE ROGELIO C. GONZALES, RTC, GUAGUA, PAMPANGA, ON ANNULMENT OF MARRIAGE CASES IN BRANCHES 49, 50, 51, 52 AND 53 OF THE GUAGUA REGIONAL TRIAL COURT

  • [G.R. No. 186045 : February 02, 2011] MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY, PETITIONER, VS. HEIRS OF ESTANISLAO MIOZA, NAMELY: THE HEIRS OF FILOMENO T. MIOZA, REPRESENTED BY LAUREANO M. MIOZA; THE HEIRS OF PEDRO T. MIOZA; AND THE HEIRS OF FLORENCIA T. MIOZA, REPRESENTED BY ANTONIO M. URBIZTONDO, RESPONDENTS

  • [G.R. No. 185493 : February 02, 2011] LTC. ROBERTO K. GUILLERGAN (RET.), PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 179217 : February 02, 2011] METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM, PETITIONER, VS. GABRIEL ADVINCULA, ET AL., RESPONDENTS.

  • [G.R. No. 189476 : February 02, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. JULIAN EDWARD EMERSON COSETENG-MAGPAYO (A.K.A. JULIAN EDWARD EMERSON MARQUEZ-LIM COSETENG), RESPONDENT.

  • [G.R. No. 170463 : February 02, 2011] THE BOARD OF TRUSTEES OF THE GOVERNMENT SERVICE INSURANCE SYSTEM AND WINSTON F. GARCIA, IN HIS CAPACITY AS GSIS PRESIDENT AND GENERAL MANAGER, PETITIONERS, VS. ALBERT M. VELASCO AND MARIO I. MOLINA, RESPONDENTS.

  • [G.R. No. 172879 : February 02, 2011] ATTY. RICARDO B. BERMUDO, PETITIONER, VS. FERMINA TAYAG-ROXAS, RESPONDENT. [G.R. No. 173364] FERMINA TAYAG-ROXAS, PETITIONER, VS. HON. COURT OF APPEALS AND ATTY. RICARDO BERMUDO, RESPONDENTS.

  • [G.R. No. 176631 : February 02, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AVELINO FELAN, ACCUSED-APPELLANT.

  • [G.R. No. 159781 :February 02, 2011] PETER BEJARASCO, JR., PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 173575 : February 02, 2011] IMMACULATE CONCEPTION ACADEMY AND THE LATE DR. PAULO C. CAMPOS SUBSTITUTED BY HIS HEIRS, DR. JOSE PAULO E. CAMPOS, ATTY. PAULO E. CAMPOS, JR. AND DR. ENRIQUE E. CAMPOS,[1] PETITIONERS, VS. AMA COMPUTER COLLEGE, INCORPORATED, RESPONDENT.

  • [G.R. No. 183719 : February 02, 2011] MARGARITA F. CASTRO, PETITIONER, VS. NAPOLEON A. MONSOD, RESPONDENT.

  • [G.R. No. 184170 : February 02, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JERWIN QUINTAL Y BEO, VICENTE BONGAT Y TARIMAN, FELIPE QUINTAL Y ABARQUEZ AND LARRY PANTI Y JIMENEZ, ACCUSED. VICENTE BONGAT Y TARIMAN, APPELLANT.

  • [G.R. No. 165851 : February 02, 2011] MANUEL CATINDIG, REPRESENTED BY HIS LEGAL REPRESENTATIVE EMILIANO CATINDIG-RODRIGO, PETITIONER, VS. AURORA IRENE VDA. DE MENESES, RESPONDENT. [ G.R. NO. 168875] SILVINO ROXAS, SR., REPRESENTED BY FELICISIMA VILLAFUERTE ROXAS, PETITIONER, VS. COURT OF APPEALS AND AURORA IRENE VDA. DE MENESES, RESPONDENTS.

  • [G.R. No. 173846 : February 02, 2011] JOSE MARCEL PANLILIO, ERLINDA PANLILIO, NICOLE MORRIS AND MARIO T. CRISTOBAL, PETITIONERS, VS. REGIONAL TRIAL COURT, BRANCH 51, CITY OF MANILA, REPRESENTED BY HON. PRESIDING JUDGE ANTONIO M. ROSALES; PEOPLE OF THE PHILIPPINES; AND THE SOCIAL SECURITY SYSTEM, RESPONDENTS.

  • [G.R. No. 169871 : February 02, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE N. MEDIADO, ACCUSED-APPELLANT.

  • [G.R. No. 171238 : February 02, 2011] F.A.T. KEE COMPUTER SYSTEMS, INC., PETITIONER, VS. ONLINE NETWORKS INTERNATIONAL, INC., RESPONDENT.

  • [G.R. No. 172230 : February 02, 2011] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. MAGIN FERRER, ANTONIO V. FERRER, AND RAMON V. FERRER, REPRESENTED BY THEIR ATTORNEY-IN-FACT, ATTY. RAFAEL VILLAROSA, RESPONDENTS. [G.R. NO. 179421] DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY SECRETARY NASSER C. PANGANDAMAN, PETITIONER, VS. ANTONIO V. FERRER AND RAMON V. FERRER, RESPONDENTS.

  • [G.R. No. 181827 : February 02, 2011] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE GALVEZ Y BLANCA, ACCUSED-APPELLANT.

  • [G.R. No. 165575 : February 02, 2011] ADELIA C. MENDOZA AND AS ATTORNEY-IN-FACT OF ALICE MALLETA, PETITIONERS, VS. UNITED COCONUT PLANTERS BANK, INC., RESPONDENT.

  • [G.R. No. 192500 : February 02, 2011] SPOUSES AMADO O. IBAÑEZ AND ESTHER A. RAFAEL-IBAÑEZ, PETITIONERS, VS. REGISTER OF DEEDS OF MANILA AND CAVITE AND PHILIPPINE VETERANS BANK (PVB), RESPONDENTS.

  • [G.R. No. 167004 : February 07, 2011] DEVELOPMENT BANK OF THE PHILIPPINES, PETITIONER, VS. BEN P. MEDRANO AND PRIVATIZATION MANAGEMENT OFFICE [PMO], RESPONDENTS.

  • [G.R. No. 167332 : February 07, 2011] FILIPINAS PALMOIL PROCESSING, INC. AND DENNIS T. VILLAREAL, PETITIONERS, VS. JOEL P. DEJAPA, REPRESENTED BY HIS ATTORNEY-IN-FACT MYRNA MANZANO, RESPONDENT.

  • [G.R. No. 189724 : February 07, 2011] REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, REGION IV-B, PETITIONER, VS. SPOUSES FLORENCIO DE CASTRO AND ROMELIA CALIBOSO DE CASTRO, RESPONDENTS.

  • [G.R. No. 190601 : February 07, 2011] SPOUSES LUIGI M. GUANIO AND ANNA HERNANDEZ-GUANIO, PETITIONERS, VS. MAKATI SHANGRI-LA HOTEL AND RESORT, INC., ALSO DOING BUSINESS UNDER THE NAME OF SHANGRI-LA HOTEL MANILA, RESPONDENT.

  • [A.M. No. RTJ-10-2220 (Formerly OCA I.P.I. No. 08-3053-RTJ), February 07 : 2011] PIO ANGELIA, COMPLAINANT, VS. JUDGE JESUS L. GRAGEDA, REGIONAL TRIAL COURT, BRANCH 4, PANABO CITY RESPONDENT.

  • [G.R. No. 193184, February 07 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MICHAEL ANDRES Y TRINIDAD, ACCUSED-APPELLANT.

  • [G.R. No. 182555, February 08 : 2011] LENIDO LUMANOG AND AUGUSTO SANTOS, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R.NO. 185123] CESAR FORTUNA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R.NO. 187745]

  • [A.M. No. P-10-2810, February 08 : 2011] MANUEL P. CALAUNAN, COMPLAINANT, VS. REYNALDO B. MADOLARTA, SHERIFE IV, REGIONAL TRIAL COURT, BRANCH 217, QUEZON CITY, RESPONDENT.

  • [A.M. No. 10-7-17-SC : February 08, 2011] IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC., AGAINST ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO.

  • [G.R. No. 167219, February 08 : 2011] RUBEN REYNA AND LLOYD SORIA, PETITIONERS, VS. COMMISSION ON AUDIT, RESPONDENT.

  • [G.R. No. 188608, February 09 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RONALDO MORALES Y FLORES ALIAS "RONNIE," AND RODOLFO FLORES Y MANGYAN ALIAS "RODING." DEFENDANTS-APPELLANTS.

  • [G.R. No. 184215, February 09 : 2011] OCEANEERING CONTRACTORS (PHILS), INC., PETITIONER, VS. NESTOR N. BARRETTO, DOING BUSINESS AS N.N.B. LIGHTERAGE, RESPONDENTS.

  • [G.R. Nos. 174730-37, February 09 : 2011] ROSALIO S. GALEOS, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NOS. 174845-52] PAULINO S. ONG, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 182521, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ERNESTO FRAGANTE Y AYUDA, APPELLANT.

  • [G.R. No. 183628, February 09 : 2011] DANIEL T. SO, PETITIONER, VS. FOOD FEST LAND, INC. RESPONDENT [G.R. NO. 183670 ] FOOD FEST LAND, INC., PETITIONER, VS. DANIEL T. SO, RESPONDENT.

  • [G.R. No. 173349, February 09 : 2011] SAMUEL U. LEE AND PAULINE LEE AND ASIATRUST DEVELOPMENT BANK, INC., PETITIONERS, VS. BANGKOK BANK PUBLIC COMPANY, LIMITED, RESPONDENT.

  • [G.R. No. 168240, February 09 : 2011] AURORA B. GO, PETITIONER, VS. ELMER SUNBANUN,⃰ GEORGIE S. TAN, DORIS SUNBANUN AND RICHARD SUNBANUN, RESPONDENTS.

  • [A.M. No. P-05-2095 [Formerly A.M. OCA IPI No. 05-2085-P], February 09 : 2011] BENIGNO B. REAS, COMPLAINANT, VS. CARLOS M. RELACION, RESPONDENT.

  • [G.R. No. 191061, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROSELLE SANTIAGO Y PABALINAS, APPELLANT.

  • [G.R. No. 191061, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROSELLE SANTIAGO Y PABALINAS, APPELLANT.

  • [G.R. No. 191061, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROSELLE SANTIAGO Y PABALINAS, APPELLANT.

  • [A.M. No. MTJ-08-1714 [Formerly A.M. OCA IPI No. 08-2016-MTJ], February 09 : 2011] DANIEL G. SEVILLA, COMPLAINANT, VS. JUDGE FRANCISCO S. LINDO, METROPOLITAN TRIAL COURT, BRANCH 55, MALABON CITY, RESPONDENT.

  • [G.R. No. 168770, February 09 : 2011] ANUNCIACION VDA. DE OUANO, MARIO P. OUANO, LETICIA OUANO ARNAIZ, AND CIELO OUANO MARTINEZ, PETITIONERS, VS. THE REPUBLIC OF THE PHILIPPINES, THE MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY, AND THE REGISTER OF DEEDS FOR THE CITY OF CEBU, RESPONDENTS. [G.R. NO. 168812] MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), PETITIONER, VS. RICARDO L. INOCIAN, IN HIS PERSONAL CAPACITY AND AS ATTORNEY-IN-FACT OF OLYMPIA E. ESTEVES, EMILIA E. BACALLA, RESTITUTA E. MONTANA, AND RAUL L. INOCIAN; AND ALETHA SUICO MAGAT, IN HER PERSONAL CAPACITY AND AS ATTORNEY-IN-FACT OF PHILIP M. SUICO, DORIS S. DELA CRUZ, JAMES M. SUICO, EDWARD M. SUICO, ROSELYN SUICO-LAWSIN, REX M. SUICO, KHARLA SUICO-GUTIERREZ, ALBERT CHIONGBIAN, AND JOHNNY CHAN, RESPONDENTS.

  • [G.R. No. 165381, February 09 : 2011] NELSON A. CULILI, PETITIONER, VS. EASTERN TELECOMMUNICATIONS PHILIPPINES, INC., SALVADOR HIZON (PRESIDENT AND CHIEF EXECUTIVE OFFICER), EMILIANO JURADO (CHAIRMAN OF THE BOARD), VIRGILIO GARCIA (VICE PRESIDENT) AND STELLA GARCIA (ASSISTANT VICE PRESIDENT), RESPONDENTS.

  • [G.R. No. 177145, February 09 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOEY TORIAGA, ACCUSED-APPELLANT.

  • [G.R. No. 179476, February 09 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RUEL TUY , ACCUSED-APPELLANT.

  • [G. R. No. 172321, February 09 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RENATO DADULLA Y CAPANAS, DEFENDANT-APPELLANT.

  • [G.R. No. 155227-28, February 09 : 2011] EMILIANA G. PEÑA, AMELIA C. MAR, AND CARMEN REYES, PETITIONERS, VS. SPOUSES ARMANDO TOLENTINO AND LETICIA TOLENTINO, RESPONDENTS.

  • [G.R. No. 159615, February 09 : 2011] SPOUSES VICTOR ONG AND GRACE TIU ONG, PETITIONERS, VS. PREMIER DEVELOPMENT BANK, THE PROVINCIAL SHERIFF OF RIZAL GRACE S. BELVIS AND DEPUTY SHERIFF VICTOR S. STA. ANA , RESPONDENTS.

  • [G.R. No. 170459, February 09 : 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. CANDIDO, DEMETILA, JESUS, ANGELITO, AND TERESITA, ALL SURNAMED VERGEL DE DIOS, RESPONDENTS.

  • [G.R. No. 170459, February 09 : 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. CANDIDO, DEMETILA, JESUS, ANGELITO, AND TERESITA, ALL SURNAMED VERGEL DE DIOS, RESPONDENTS.

  • [G.R. No. 170979, February 09 : 2011] JUDITH YU, PETITIONER, VS. HON. ROSA SAMSON-TATAD, PRESIDING JUDGE, REGIONAL TRIAL COURT, QUEZON CITY, BRANCH 105, AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 189580, February 09 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ALVIN DEL ROSARIO, APPELLANT.

  • [A.M. No. RTJ-11-2262 [Formerly OCA I.P.I. No. 08-3056-RTJ], February 09 : 2011] GAUDENCIO B. PANTILO III, COMPLAINANT, VS. JUDGE VICTOR A. CANOY, RESPONDENT.

  • [A.M. No. MTJ-09-1737, February 09 : 2011] LYDELLE L. CONQUILLA, COMPLAINANT, VS. JUDGE LAURO G. BERNARDO, MUNICIPAL TRIAL COURT, BOCAUE, BULACAN RESPONDENT.

  • [G.R. No. 180462, February 09 : 2011] SOUTH PACIFIC SUGAR CORPORATION AND SOUTH EAST ASIA SUGAR MILL CORPORATION, PETITIONERS, VS. COURT OF APPEALS AND SUGAR REGULATORY ADMINISTRATION, RESPONDENTS.

  • [G.R. No. 179641, February 09 : 2011] DOLORITA C. BEATINGO, PETITIONER, VS. LILIA BU GASIS, RESPONDENT.

  • [G.R. No. 177407, February 09 : 2011] RICO ROMMEL ATIENZA, PETITIONER, VS. BOARD OF MEDICINE AND EDITHA SIOSON, RESPONDENTS.

  • [G.R. No. 177407, February 09 : 2011] RICO ROMMEL ATIENZA, PETITIONER, VS. BOARD OF MEDICINE AND EDITHA SIOSON, RESPONDENTS.

  • [G.R. No. 188802, February 14 : 2011] REVELINA LIMSON, PETITIONER, VS. WACK WACK CONDOMINIUM CORPORATION, RESPONDENT.

  • [G.R. No. 175514, February 14 : 2011] PHILIPPINE BANK OF COMMUNICATIONS, PETITIONER, VS. SPOUSES JOSE C. GO AND ELVY T. GO, RESPONDENTS.

  • [G.R. No. 174104, February 14 : 2011] INSURANCE OF THE PHILIPPINE ISLANDS CORPORATION, PETITIONER, VS. SPOUSES VIDAL S. GREGORIO AND JULITA GREGORIO, RESPONDENTS.

  • [G.R. No. 183906, February 14 : 2011] AFP MUTUAL BENEFIT ASSOCIATION, INC., PETITIONER, VS. REGIONAL TRIAL COURT, MARIKINA CITY, BRANCH 193 AND SOLID HOMES, INC., RESPONDENTS

  • [G.R. No. 188487, February 14 : 2011] VAN D. LUSPO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NO. 188541] SUPT. ARTURO H. MONTANO AND MARGARITA TUGAOEN, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NO. 188556] C/INSP. SALVADOR C. DURAN, SR., PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 172203, February 14 : 2011] DIONISIO LOPEZ Y ABERASTURI, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND SALVADOR G. ESCALANTE, JR., RESPONDENTS.

  • [G.R. No. 171165, February 14 : 2011] CAROLINA HERNANDEZ-NIEVERA, DEMETRIO P. HERNANDEZ, JR., AND MARGARITA H. MALVAR, PETITIONERS, VS. WILFREDO HERNANDEZ, HOME INSURANCE AND GUARANTY CORPORATION, PROJECT MOVERS REALTY AND DEVELOPMENT CORPORATION, MARIO P. VILLAMOR AND LAND BANK OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 193459, February 15 : 2011] MA. MERCEDITAS N. GUTIERREZ PETITIONER, VS. THE HOUSE OF REPRESENTATIVES COMMITTEE ON JUSTICE, RISA HONTIVEROS-BARAQUEL, DANILO D. LIM, FELIPE PESTAÑO, EVELYN PESTAÑO, RENATO M. REYES, JR., SECRETARY GENERAL OF BAGONG ALYANSANG MAKABAYAN (BAYAN); MOTHER MARY JOHN MANANZAN, CO-CHAIRPERSON OF PAGBABAGO; DANILO RAMOS, SECRETARY-GENERAL OF KILUSANG MAGBUBUKID NG PILIPINAS (KMP); ATTY. EDRE OLALIA, ACTING SECRETARY GENERAL OF THE NATIONAL UNION OF PEOPLE'S LAWYERS (NUPL); FERDINAND R. GAITE, CHAIRPERSON, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE); AND JAMES TERRY RIDON OF THE LEAGUE OF FILIPINO STUDENTS (LFS), RESPONDENTS. FELICIANO BELMONTE, JR., RESPONDENT-INTERVENOR.

  • [G.R. No. 176951, February 15 : 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. MTJ-08-1710 [Formerly A.M. OCA IPI No. 08-2029-MTJ], February 15 : 2011] RENE C. RICABLANCA, COMPLAINANT, VS. JUDGE HECTOR B. BARILLO, RESPONDENT.

  • [G.R. No. 153690, February 15 : 2011] DAVID LU, PETITIONER, VS. PATERNO LU YM, SR., PATERNO LU YM, JR., VICTOR LU YM, JOHN LU YM, KELLY LU YM, AND LUDO & LUYM DEVELOPMENT CORPORATION, RESPONDENTS. [G.R. NO. 157381] PATERNO LU YM, SR., PATERNO LU YM, JR., VICTOR LU YM, JOHN LU YM, KELLY LU YM, AND LUDO & LUYM DEVELOPMENT CORPORATION, PETITIONERS, VS. DAVID LU, RESPONDENT. [G.R. NO. 170889] JOHN LU YM AND LUDO & LUYM DEVELOPMENT CORPORATION, PETITIONERS, VS. THE HONORABLE COURT OF APPEALS OF CEBU CITY (FORMER TWENTIETH DIVISION), DAVID LU, ROSA GO, SILVANO LUDO & CL CORPORATION, RESPONDENTS.

  • [G.R. Nos. 171947-48, February 15 : 2011] METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DEPARTMENT OF EDUCATION, CULTURE AND SPORTS,[1] DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF BUDGET AND MANAGEMENT, PHILIPPINE COAST GUARD, PHILIPPINE NATIONAL POLICE MARITIME GROUP, AND DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, PETITIONERS, VS. CONCERNED RESIDENTS OF MANILA BAY, REPRESENTED AND JOINED BY DIVINA V. ILAS, SABINIANO ALBARRACIN, MANUEL SANTOS, JR., DINAH DELA PEÑA, PAUL DENNIS QUINTERO, MA. VICTORIA LLENOS, DONNA CALOZA, FATIMA QUITAIN, VENICE SEGARRA, FRITZIE TANGKIA, SARAH JOELLE LINTAG, HANNIBAL AUGUSTUS BOBIS, FELIMON SANTIAGUEL, AND JAIME AGUSTIN R. OPOSA, RESPONDENTS.

  • [A.M. No. RTJ-11-2266 [FORMERLY A.M. OCA IPI NO. 09-3320-RTJ], February 15 : 2011] JOSEPHINE JAZMINES TAN, COMPLAINANT, VS. JUDGE SIBANAH E. USMAN, REGIONAL TRIAL COURT, BRANCH 29, CATBALOGAN, SAMAR, RESPONDENT.

  • [G.R. No. 166495, February 16 : 2011] ROQUE C. FACURA AND EDUARDO F. TUASON, PETITIONERS, VS. COURT OF APPEALS, RODOLFO S. DE JESUS AND EDELWINA DG. PARUNGAO, RESPONDENTS. [G.R. No. 184129] RODOLFO S. DE JESUS, PETITIONER, VS. OFFICE OF THE OMBUDSMAN, EDUARDO F. TUASON, LOCAL WATER UTILITIES ADMINISTRATION (LWUA), REPRESENTED BY ITS NEW ADMINISTRATOR ORLANDO C. HONDRADE, RESPONDENTS. [G.R. No. 184263] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. EDELWINA DG. PARUNGAO, AND THE HONORABLE COURT OF APPEALS (FORMER 7TH DIVISION), RESPONDENTS.

  • [G.R. No. 188902, February 16 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROBERTO LOPEZ Y CABAL, APPELLANT.

  • [G.R. No. 182070, February 16 : 2011] E.G & I. CONSTRUCTION CORPORATION AND EDSEL GALEOS, PETITIONERS, VS. ANANIAS P. SATO, NILO BERDIN, ROMEO M. LACIDA, JR., AND HEIRS OF ANECITO S. PARANTAR, SR., NAMELY: YVONNE, KIMBERLY MAE, MARYKRIS, ANECITO, JR., AND JOHN BRYAN, ALL SURNAMED PARANTAR, RESPONDENTS.

  • [G.R. No. 184007, February 16 : 2011] PAQUITO V. ANDO, PETITIONER, VS. ANDRESITO Y. CAMPO, ET AL., RESPONDENTS.

  • [G.R. No. 171328, February 16 : 2011] LYZAH SY FRANCO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NO. 171335 ] STEVE BESARIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A.M. No. 09-7-284-RTC, February 16 : 2011] RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT - BRANCH 56, MANDAUE CITY, CEBU.

  • [G.R. No. 192251, February 16 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BARANGAY CAPTAIN TONY TOMAS, SR., BENEDICTO DOCTOR, AND NESTOR GATCHALIAN, ACCUSED-APPELLANTS.

  • [G.R. No. 183390, February 16 : 2011] PLASTIMER INDUSTRIAL CORPORATION AND TEO KEE BIN, PETITIONERS, VS. NATALIA C. GOPO, KLEENIA R. VELEZ, FILEDELFA T. AMPARADO, MIGNON H. JOSEPH, AMELIA L. CANDA, MARISSA D. LABUNOS, MELANIE T. CAYABYAB, MA. CORAZON DELA CRUZ, AND LUZVIMINDA CABASA, RESPONDENTS.

  • [A.M. No. RTJ-11-2272 (Formerly A.M. OCA IPI No. 07-2559-RTJ), February 16 : 2011] MARCIANO ALCARAZ, COMPLAINANT, VS. JUDGE FATIMA GONZALES-ASDALA, REGIONAL TRIAL COURT, BRANCH 87, QUEZON CITY, RESPONDENT.

  • [G.R. No. 189328, February 21 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ARNOLD PELIS, APPELLANT.

  • [G.R. Nos. 182539-40, February 21 : 2011] ANTONIO Y. DE JESUS, SR., ANATOLIO A. ANG AND MARTINA S. APIGO, PETITIONERS, VS. SANDIGANBAYAN-FOURTH DIVISION AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 181201, February 21 : 2011] UNIVERSITY OF MINDANAO, INC., DR. GUILLERMO P. TORRES, JR., ATTY. VICTOR NICASIO P. TORRES, NANCY C. TE ENG FO, FE AZUCENA MARCELINO, EVANGELINE F. MAGALLANES, CARMENCITA E. VIDAMO, CARMICHAEL E. VIDAMO, ANTONIO M. PILPIL, SATURNINO PETALCORIN, REYNALDO M. PETALCORIN, LILIAN M. PETALCORIN-CASTILLO, MARY ANN M. PETALCORIN-RAS, VITALIANO MALAYO, JR., NERI FILIPINAS, NATIVIDAD MIRANDA, ANTONIO N. FERRER, JR., PETITIONERS, VS. PHILIPPINE DEPOSIT INSURANCE CORPORATION, RESPONDENT.

  • [G.R. No. 188323, February 21 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. CHARLIE ABAÑO Y CAÑARES, APPELLANT.

  • [G.R. No. 188108, February 21 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EVILIO MILAGROSA, APPELLANT.

  • [G.R. No. 189294, February 21 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. HERMINIANO MARZAN Y OLONAN, APPELLANT.

  • [G.R. Nos. 190580-81, February 21 : 2011] LIBERATO M. CARABEO, PETITIONER, VS. THE HONORABLE SANDIGANBAYAN (FOURTH DIVISION) AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [A.C. No. 5834 (formerly CBD-01-861), February 22 : 2011] TERESITA D. SANTECO, COMPLAINANT, VS. ATTY. LUNA B. AVANCE, RESPONDENT.

  • [G.R. No. 192793, February 22 : 2011] FESTO R. GALANG, JR., PETITIONER, VS. HON. RAMIRO R. GERONIMO, AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF ROMBLON, BRANCH 81; AND NICASIO M. RAMOS, RESPONDENTS.

  • [A.M. No. MTJ-01-1362(formerly A.M. No. 01-2-49-RTC), February 22 : 2011] JUDGE NAPOLEON E. INOTURAN, REGIONAL TRIAL COURT, BRANCH 133, MAKATI CITY, VS. JUDGE MANUEL Q. LIMSIACO, JR., MUNICIPAL CIRCUIT TRIAL COURT, VALLADOLID, SAN ENRIQUE-PULUPANDAN, NEGROS OCCIDENTAL, RESPONDENT. A.M. No. MTJ-11-1785(formerly A.M. OCA IPI No. 07-1945-MTJ) SANCHO E. GUINANAO, COMPLAINANT, VS. JUDGE MANUEL Q. LIMSIACO, JR., MUNICIPAL CIRCUIT TRIAL COURT, VALLADOLID, SAN ENRIQUE-PULUPANDAN, NEGROS OCCIDENTAL, RESPONDENT.

  • [G.R. No. 183528, February 23 : 2011] PACIFIC UNION INSURANCE COMPANY, PETITIONER, VS. CONCEPTS & SYSTEMS DEVELOPMENT, INCORPORATED AND COURT OF APPEALS (FIFTEENTH DIVISION), RESPONDENTS.

  • [G.R. No. 184274, February 23 : 2011] MARK SOLEDAD Y CRISTOBAL, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 189281, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROMEO ANCHES, APPELLANT.

  • [G.R. No. 186271, February 23 : 2011] CHATEAU DE BAIE CONDOMINIUM CORPORATION, PETITIONER, VS. SPS. RAYMOND AND MA. ROSARIO MORENO, RESPONDENTS.

  • [G.R. No. 180257, February 23 : 2011] EUSEBIO GONZALES, PETITIONER, VS. PHILIPPINE COMMERCIAL AND INTERNATIONAL BANK, EDNA OCAMPO, AND ROBERTO NOCEDA, RESPONDENTS.

  • [G.R. No. 166109, February 23 : 2011] EXODUS INTERNATIONAL CONSTRUCTION CORPORATION AND ANTONIO P. JAVALERA, PETITIONERS, VS. GUILLERMO BISCOCHO, FERNANDO PEREDA, FERDINAND MARIANO, GREGORIO BELLITA AND MIGUEL BOBILLO, RESPONDENTS.

  • [G.R. No. 161282, February 23 : 2011] FGU INSURANCE CORPORATION (NOW BPI/MS INSURANCE CORPORATION), PETITIONER, VS. REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 66, AND G.P. SARMIENTO TRUCKING CORPORATION, RESPONDENTS.

  • [G.R. No. 184879, February 23 : 2011] REPUBLIC OF THE PHILIPPINES (DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS), PETITIONER, VS. CITY OF MANDALUYONG, RESPONDENT.

  • [G.R. No. 187208, February 23 : 2011] CEFERINA LOPEZ TAN PETITIONER, VS. SPOUSES APOLINAR P. ANTAZO AND GENOVEVA O. ANTAZO RESPONDENTS.

  • [G.R. No. 177190, February 23 : 2011] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. HON. ERNESTO P. PAGAYATAN, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 46, SAN JOSE, OCCIDENTAL MINDORO; AND JOSEFINA S. LUBRICA, IN HER CAPACITY AS ASSIGNEE OF FEDERICO SUNTAY, RESPONDENTS.

  • [G.R. No. 186614, February 23 : 2011] NATIONWIDE SECURITY AND ALLIED SERVICES, INC., PETITIONER, VS. RONALD P. VALDERAMA, RESPONDENT.

  • [G.R. No. 187256, February 23 : 2011] CONSTANCIO F. MENDOZA AND SANGGUNIANG BARANGAY OF BALATASAN, BULALACAO, ORIENTAL MINDORO, PETITIONERS, VS. MAYOR ENRILO VILLAS AND BRGY. KAGAWAD LIWANAG HERATO AND MARLON DE CASTRO, MANAGER, PINAMALAYAN BRANCH, LAND BANK OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 178060, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROMEO DANSICO Y MONAY A.K.A. "LAMYAK" AND AUGUSTO CUADRA Y ENRIQUEZ, APPELLANTS.

  • [G.R. No. 181041, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. FABIAN G. ROMERO, APPELLANT.

  • [G.R. No. 184922, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. PORFERIO MASAGCA, JR. Y PADILLA, APPELLANT.

  • [G.R. No. 157547, February 23 : 2011] HEIRS OF EDUARDO SIMON, PETITIONERS, VS. ELVIN* CHAN AND THE COURT OF APPEALS, RESPONDENT.

  • [G.R. No. 178544, February 23 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. MANUEL PALOMA Y ESPINOSA, APPELLANT.

  • [G.R. No. 187077, February 23 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALEX CONDES Y GUANZON, ACCUSED-APPELLANT.

  • [G.R. No. 188630, February 23 : 2011] FILOMENA L. VILLANUEVA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 182332, February 23 : 2011] MILESTONE FARMS, INC., PETITIONER, VS. OFFICE OF THE PRESIDENT, RESPONDENT.

  • [G.R. No. 171726, February 23 : 2011] VICENTE YU CHANG AND SOLEDAD YU CHANG, PETITIONERS, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 169754, February 23 : 2011] LEGEND INTERNATIONAL RESORTS LIMITED, PETITIONER, VS. KILUSANG MANGGAGAWA NG LEGENDA (KML- INDEPENDENT), RESPONDENT.

  • [G.R. No. 156448, February 23 : 2011] SPS. MOISES AND CLEMENCIA ANDRADA, PETITIONERS, VS. PILHINO SALES CORPORATION, REPRESENTED BY ITS BRANCH MANAGER, JOJO S. SAET, RESPONDENT.

  • [G.R. No. 159402, February 23 : 2011] AIR TRANSPORTATION OFFICE, PETITIONER, VS. SPOUSES DAVID* AND ELISEA RAMOS, RESPONDENTS.

  • [G.R. No. 179242, February 23 : 2011] AVELINA F. SAGUN, PETITIONER, VS. SUNACE INTERNATIONAL MANAGEMENT SERVICES, INC., RESPONDENT.

  • [G.R. No. 165617, February 25 : 2011] SUPREME TRANSLINER, INC., MOISES C. ALVAREZ AND PAULITA S. ALVAREZ, PETITIONERS, VS. BPI FAMILY SAVINGS BANK, INC., RESPONDENT. [G.R. No. 165837] BPI FAMILY SAVINGS BANK, INC., PETITIONER, VS. SUPREME TRANSLINER, INC., MOISES C. ALVAREZ AND PAULITA S. ALVAREZ, RESPONDENTS.

  • [A.M. No. P-07-2325 (Formerly A.M. No. 06-3-208-RTC), February 28 : 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. ATTY. ROSARIO E. GASPAR, REGIONAL TRIAL COURT, BRANCH 2, BALANGA CITY, BATAAN, RESPONDENT.

  •  





     
     

    [G.R. No. 168240, February 09 : 2011]   AURORA B. GO, PETITIONER, VS. ELMER SUNBANUN,⃰ GEORGIE S. TAN, DORIS SUNBANUN AND RICHARD SUNBANUN, RESPONDENTS.

     
    FIRST DIVISION

    [G.R. No. 168240, February 09 : 2011]

    AURORA B. GO, PETITIONER, VS. ELMER SUNBANUN,⃰ GEORGIE S. TAN, DORIS SUNBANUN AND RICHARD SUNBANUN, RESPONDENTS.

    D E C I S I O N


    DEL CASTILLO, J.:

    When a procedural rule is amended for the benefit of litigants for the furtherance of the administration of justice, it shall be retroactively applied to likewise favor actions then pending, as equity delights in equality.

    For non-compliance with the formal requirements of a petition, the Court of Appeals (CA) dismissed the certiorari petition filed by herein petitioner Aurora Go (Aurora), prompting her to file before us this petition for review on certiorari.  Aurora now calls for liberality in the application of the procedural rules in the hope that she would eventually be given a chance to be heard by the CA after the trial court denied her prayer for an extension of time to file a notice of appeal.

    Factual Antecedents

    In November 2000, respondents filed a suit for damages against Aurora, her husband Yiu Wai Sang (Sang), and Yiu-Go Employment Agency (hereinafter collectively referred to as defendants), docketed as Civil Case No. CEB-25778, before the Regional Trial Court (RTC) of Cebu, Branch 58.[1]  The respondents claimed that the spouses occupied the ground floor portion of their house in 68-F General Junquera Street, Cebu City under a one-year lease contract and had used the premises as the business office of Yiu-Go Employment Agency.  This allegedly increased the risk of loss by fire, and thus a breach of warranty in the fire insurance policies that the respondents made which described the property as residential type.[2]

    Only Aurora filed her Answer with Affirmative Defenses and Counter-Claim.[3]  In her answer, Aurora averred that they already left the premises sometime in 2001and that during the entirety of their stay, they used the leased floor as a private residence and as a lodging house.  She denied that their employment agency held office there.  She also pointed out that the lease contract was terminated when the one-year term expired in July 1996, and that she was not privy to the contracts of insurance since she was not informed of the contracts' existence.  To her, whether the house was used as a business office or as a lodging house was immaterial as there was no increased risk of fire either way.  Aurora demanded actual damages as she claimed that she works in Hong Kong on a no-work-no-pay basis and the suit would result in spending airfare and lost earnings.

    After the respondents concluded their presentation of evidence, Aurora moved on October 28, 2002 that her testimony be taken by deposition upon written interrogatories, as she was unsure as to when she could come home to the Philippines considering that her work schedule as a court interpreter in Hong Kong is erratic.  She averred that arrangements have already been made with the Philippine consulate in Hong Kong to take her deposition.[4]  Over the objection of the respondents, the RTC granted Aurora's motion on November 21, 2002.[5]  However, Aurora's deposition was taken only on January 28, 2004[6] after her follow-up letter dated November 7, 2003 to the Philippine consulate.[7]

    Before this deposition was taken, the RTC in its December 1, 2003 Order[8] already deemed the defendants to have waived their right to present their evidence and considered the case submitted for resolution since more than a year had elapsed from the date the RTC granted Aurora's motion to have her testimony be taken by deposition. Again, only Aurora moved for reconsideration[9] and prayed that the December 1, 2003 Order be recalled and instead admit the deposition.  She attributed the delay of her deposition-taking to the consulate's fault, as she was passed from one officer to another or no officer was available.

    On January 26, 2004, the RTC rendered judgment[10] finding only Aurora liable and ordering her to pay moral damages, attorney's fees, litigation expenses and costs.[11]  The trial court disregarded her two-page transcript of deposition when it received the same on March 5, 2004.[12]

    Aurora's former counsel of record, Atty. Jude Henritz R. Ycong (Atty. Ycong), belatedly discovered about this adverse judgment when he received from respondents' counsel a Motion to Direct Issuance of Entry of Judgment and Writ of Execution[13] on March 16, 2004.  It turned out that although he had already previously informed the court of his new office address, the court mistakenly sent the January 26, 2004 Decision to his former office address.[14]  He raised this in his opposition to the motion filed by the respondents.[15] Finding this point meritorious, the court denied respondents' motion, ruling that the judgment against Aurora has not yet attained finality as the 15-day period to appeal, counted from March 16, 2004, has not yet lapsed.[16]

    Aurora filed her Motion for Reconsideration[17] on March 31, 2004, the last day to file her appeal.  The court in its April 27, 2004 Order[18] denied said motion.

    Atty. Ycong received the notice of denial on May 6, 2004, thus giving his client a day left to file her appeal.  Explaining that Aurora has been busy campaigning for the local elections as she was running for the position of town mayor in Calubian, Leyte[19] and that he and his client have yet to discuss the pros and cons of appealing the case, Atty. Ycong sought for the relaxation of the procedural rules by filing an extension of 15 days to file Aurora's notice of appeal.[20]

    Atty. Ycong thereafter filed the Notice of Appeal on May 11, 2004.

    Ruling of the Regional Trial Court

    In its May 12, 2004 Order, the RTC denied the notice of appeal, viz:

    While there are rulings of the Supreme Court declaring that the period to appeal is not extendible, there are also instances when it allowed appeals to be perfected despite their filing out of time. x x x

    In the instant case, the delay is due to defendant-Go's running for an elective post. Such is no excuse.

    In other words, contrary to the belief of this court that Aurora Go had been and is out of the country, she in fact is in the Philippines.  Consequently, she could have the time to confer with her counsels in order to prepare for her appeal.

    Accordingly, the Motion for Extension of Time to File Notice of Appeal is DENIED for lack of merit and the Notice of Appeal is hereby declared filed out of time.

    SO ORDERED.[21]

    Aurora sought for reconsideration but it was denied by the RTC on June 10, 2004.[22]

    Ruling of the Court of Appeals

    Filing her petition for certiorari with the CA by way of registered mail on August 13, 2004,[23] Aurora claimed that the RTC gravely abused its discretion in refusing to relax the period for filing the notice of appeal.  She contended that her situation is enough reason to grant her prayer.  She averred that she could not just leave the campaign trail just to discuss matters with her lawyer about her case as she was busy in Leyte at the homestretch of the campaign period.

    However, the CA on December 8, 2004, dismissed the petition (docketed as CA-G.R. SP No. 85897) for being procedurally flawed, viz:

    1)  The Verification/Certification of Non-Forum Shopping is signed by only one petitioner without a Special Power of Attorney/Secretary's Certificate authorizing her to represent the two (2) other petitioners;

    2)  The Affidavit of Service shows that respondents were personally served copies of the petition but lacks explanation why service of the petition with this Court was not done personally (Section 11, Rule 13 of the Revised Rules of Court);

    3)  Counsel for petitioners failed to indicate his PTR and IBP numbers;

    4)  Certified true [sic] copies of the assailed decision dated January 26, 2004 attached to the petition is a mere photocopy of a certified true copy;

    5)  The following copies of pleadings and other relevant documents referred to in the petition which would support the allegations therein are not attached:

    a) Complaint; and,
    b)  Answer.[24]

    Invoking the liberal construction of procedural rules, petitioner Aurora asked for reconsideration[25] with the following justifications:

    1) A certification/verification of one of a number of principal parties is sufficient compliance.  Although her certiorari petition named her, her spouse, and Yiu-Go Employment Agency, as `petitioners,' her co-defendants were not held liable in the lower court.  It is only she who is interested in filing the certiorari petition for her to be able to appeal, hence her lone signature.

    2) Anent the lack of explanation of why personal service to the CA was not resorted to, Aurora averred that it was redundant to explain why registered mail was used considering the distance between Cebu, where she is based, and the CA in Manila.

    3) The professional tax receipt (PTR) and Integrated Bar of the Philippines (IBP) receipt numbers were inadvertently overlooked.  However, the defect was cured when Atty. Ycong included the numbers when he subsequently filed on October 14, 2004 his Notice of Change of Address[26] with the CA.

    4) Questioned in the certiorari are the May 12 and June 10, 2004 Orders that denied Aurora's prayer for an extension of time to file her notice of appeal.  Requiring her to additionally append to the CA petition the certified true copies of the January 26, 2004 RTC Decision (i.e., the decision on the merits of the case), the complaint, and the answer was not necessary as these documents are not relevant and material to the issue to be resolved.

    Finding Aurora's reasoning unacceptable, the CA insisted on a strict observance of the rules in its April 8, 2005 Resolution:

    As to the first ground, petitioners merely disagree with the deficiency which occasioned the outright dismissal of their petition without even curing the said defect.  Suffice it to say here that the petition itself contains more than one petitioner. No less than the Supreme Court pronounced in Loquias vs. Office of the Ombudsman that where there are two or more plaintiffs or petitioners, a complaint or petition signed by only [sic] of the parties is defective unless he/she is authorized by his co-parties. x x x

    x x x x

    The reason why petitioners' petition was dismissed based on the second defect was because the said petition lacks explanation why service of the petition with this Court was not done personally, not much for having filed the same by registered mail.  In other words, the dismissal was not due to the fact that the petition was filed by registered mail, but because of the failure to explain why the personal service was not resorted to.  Then again, petitioners did not even bother to cure such defect.

    Anent the third ground, counsel for petitioners posits that his failure to indicate in the petition for certiorari his PTR and IBP numbers was cured by his succeeding Notice of Change Address filed with this Court. However, a closer of [sic] examination of the same reveals that the same was only filed on October 14, 2004 or some two (2) months after the petition for certiorari was filed on August 13, 2004. If it was really the intention of counsel for petitioners to cure such defect, he could have done it immediately after filing the petition.  Had it not been due to the filing of the notice of change of address, We doubt if petitioners would have cured such defect.

    Considering the foregoing, We deem it unnecessary to discuss the other grounds raised by petitioners.

    x x x x[27]

    The Parties' Respective Arguments

    Believing  that  her  case should  not  have been  dismissed  for  procedural

    defects, Aurora assails the December 8, 2004 and April 8, 2005 Resolutions of the CA, reiterating to this Court that she deserves to be accorded the chance to prove to the CA that the RTC had unfairly denied her motion for extension of time to file her notice of appeal.

    On the other hand, respondents defend the stance of the CA, insisting that perfection of an appeal is jurisdictional and mandatory; and that the circumstances do not justify granting Aurora leniency in the application of the procedural rules.  Moreover, ever since she filed her motion for reconsideration on the RTC's January 26, 2004 Decision, she had in the interim sufficient time to think about the next legal action to take before the trial court issued its order of denial on April 27, 2004.

    Issue

    The sole question to resolve is whether the formal deficiencies in the petition before the CA may be relaxed in the interest of justice.

    Our Ruling

    The signatures/authorizations of Sang
    and Yiu-Go Employment Agency in the
    verification and certification on non-forum
    shopping are not necessary.


    In filing a certiorari petition, one aggrieved by a court's judgment, order or resolution must verify his/her petition and must also attach a sworn certification of non-forum shopping.[28]  In dismissing Aurora's petition, the CA cited as one of its grounds the lack of signatures or authorizations of Sang and Yiu-Go Employment Agency in the verification and certification of non-forum shopping. Such signatures, however, may be dispensed with as these parties are not involved in the petition.  Although the caption in Aurora's petition before the CA erroneously included Sang and Yiu-Go Employment Agency as petitioners, its contents reveal that it is solely Aurora who is the `person aggrieved,' as she is the one who assailed before the CA the RTC's Order that denied her notice of appeal and, hence, she should be the one who should sign the petition.  Notably, Aurora is the only one held liable by the trial court for damages and thus is the one interested in filing an appeal and in elevating the case to the CA.  Moreover, only Aurora filed her answer before the RTC while Sang and Yiu-Go Employment Agency did not file any.

    Non-submission of certified true copy of
    the January 26, 2004 Decision and copies
    of the Complaint and Answer not fatal.


    Another ground cited by the CA was the non-submission of the certified true copy of the January 26, 2004 Decision as well as the failure to attach copies of the complaint and answer in Aurora's petition.

    The second paragraph of Section 1 of Rule 65 requires the submission of a certified true copy of the judgment, order or resolution subject of the petition as well as the submission of copies of all pleadings and documents relevant to the petition.  "The initial determination of what pleadings, documents or order are relevant and pertinent to the petition rests on the petitioner.  [Should the CA opine that additional documents must be submitted together with the petition, it may] (a) dismiss the petition under the last paragraph of [Section 3,] Rule 46 of the Rules of Court; (b) order the petitioner to submit the required additional pleadings, documents, or order within a specific period of time; or (c) order the petitioner to file an amended petition appending thereto the required pleadings, documents or order within a fixed period."[29]  We emphasize that not all pleadings and parts of case records are required to be attached, but only those which are material and pertinent that they may provide the basis for a determination of a prima facie case for abuse of discretion.[30]

    Thus,  we agree with the petitioner that the CA required  pleadings immaterial to the issue presented before it.  The questioned subject of certiorari does not touch upon the substantive merits of the suit for damages against Aurora but actually involves the refusal of the trial court to entertain her notice of appeal due to late filing.  The complaint and answer are not indispensable at all in the resolution of this issue, the contents of which are already summarized in the January 26, 2004 Decision attached to the petition.  Furthermore, since Aurora's petition assails the May 12 and June 10, 2004 Orders of the RTC, it is the certified true copies of these orders that are required to be attached to the petition.  On the other hand, photocopy of the January 26, 2004 Decision will suffice, as this document is material and pertinent to the petition.

    Failure to indicate PTR and IBP Official
    Receipt Numbers not fatal.


    The failure of petitioner's former counsel, Atty. Ycong, to indicate in the petition before the CA his PTR and IBP numbers for the year 2004 was obviously an oversight.  A perusal of the records of the case would show that counsel had duly paid the required dues for that year and that his PTR and IBP receipt numbers are indicated in the pleadings he had filed with the RTC.[31]  Although he omitted to indicate the numbers on Aurora's CA petition, the same numbers were nevertheless stated on his Notice of Change of Address, around two months before the appellate court issued the questioned December 8, 2004 Resolution.

    Rules on perfecting appeals must be
    strictly complied with; liberal application
    available only under exceptional circumstances.


    Whenever practicable, personal service and personal filing of pleadings are always the preferred modes of service.  Under Section 11, Rule 13 of the Rules of Court, should one deviate from the general rule, it is mandatory for him/her to submit a written explanation why the pleading was not personally filed/served.  Otherwise, the court has the discretion to consider the paper as not filed. Petitioner should be aware that a court, in reasonably exercising discretionary power to dismiss a petition that violated the rule on written explanation for resorting to modes other than personal service, also has to take into account another factor, i.e., the prima facie merit of the pleading sought to be expunged for violation of Section 11.[32]  For this reason, we do not find any grave abuse on the part of the CA in exercising its discretion to dismiss Aurora's petition.

    Indeed, judicial notice may be taken that personal service is impracticable considering the distance between Cebu and Manila, and that Musa v. Amor[33] supports Aurora's argument that a written explanation why service was not done personally might have been superfluous considering the evident distance between the appellate court and the place where the petition was posted.  It must be emphasized, however, that provisions with respect to the rules on the manner and periods for perfecting appeals are strictly applied and are only relaxed in very exceptional circumstances on equitable considerations.[34]  In the case at bar, the reason behind the filing of an extension of time to file her notice of appeal was not per se, a compelling and a highly exceptional one. Just as it is the lawyer's duty to safeguard her client's interest, it is the responsibility of the client to make herself available to her counsel and open the lines of communication, even during the busy election period, for their discussions of legal options.  She is obliged to be vigilant in fighting for her cause and in protecting her rights.  It is Aurora's duty, "as a client, to be in touch with [her] counsel so as to be constantly posted about the case.  [She] is mandated to inquire from [her] counsel about the status and progress of the case from time to time and cannot expect that all [she] has to do is sit back, relax and await the outcome of the case."[35]  Additionally, "motions for extension are not granted as a matter of right but in the sound discretion of the court, and lawyers should never presume that their motions for extension or postponement will be granted or that they will be granted the length of time they pray for."[36]

    In spite of petitioner's error, the `fresh period rule'
    amendment as held in Neypes v. Court of Appeals
    will be applied to her benefit


    Aurora had almost lost her statutory privilege to appeal, but in view of our ruling on Neypes v. Court of Appeals,[37] we shall grant Aurora's petition.

    In Neypes we held that a litigant is given another fresh period of 15 days to perfect an appeal after receipt of the order of denial of his/her motion for reconsideration/new trial before the RTC. We said:

    To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal their cases, the Court deems it practical to allow a fresh period of 15 days within which to file the notice of appeal in the Regional Trial Court, counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration.

    Henceforth, this "fresh period rule" shall also apply to Rule 40 governing appeals from the Municipal Trial Courts to the Regional Trial Courts; Rule 42 on petitions for review from the Regional Trial Courts to the Court of Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals and Rule 45 governing appeals by certiorari to the Supreme Court. The new rule aims to regiment or make the appeal period uniform, to be counted from receipt of the order denying the motion for new trial, motion for reconsideration (whether full or partial) or any final order or resolution.[38]  (Emphasis supplied.)

    "[P]rocedural laws may be given retroactive effect to actions pending and undetermined at the time of their passage, there being no vested rights in the rules of procedure."[39]  Neypes, which we rendered in September 2005, has been applied retroactively to a number of cases[40] wherein the original period to appeal had already lapsed subsequent to the denial of the motion for reconsideration.  Aurora's situation is no exception, and thus she is entitled to benefit from the amendment of the procedural rules.

    The denial of Aurora's Motion for Reconsideration of the trial court's January 26, 2004 decision was received by her former counsel on May 6, 2004. Sans her motion for extension to file a notice of appeal, with the fresh period rule under Neypes, she still has until May 21, 2004 to file her notice of appeal and thus, had timely filed her notice of appeal on May 11, 2004.

    WHEREFORE, the petition is GRANTED.  The challenged Resolutions of the Court of Appeals in CA-G.R. SP No. 85897 dated December 8, 2004 and April 8, 2005 are REVERSED and SET ASIDE; the Orders of the Regional Trial Court of Cebu, Branch 58, dated May 12 and June 10, 2004 that denied Aurora Go's notice of appeal are likewise REVERSED and SET ASIDE.  The Regional Trial Court of Cebu, Branch 58 is hereby DIRECTED to give due course to petitioner's Notice of Appeal dated May 11, 2004.

    SO ORDERED.

    Corona, C.J., (Chairperson), Velasco, Jr., Leonardo-De Castro, and Perez, JJ.,concur.

    Endnotes:


    *Also spelled as Sunbanon in some parts of the record.

    [1] Rollo, pp. 77-79.

    [2] Id. at 57-76.

    [3] Id. at 80-84.

    [4] Id. at 157-160.

    [5] Id. at 163.

    [6] Id. at 165-225.

    [7] CA rollo, p. 18.

    [8] Rollo, p. 85.

    [9] Id. at 86-89.

    [10] Id. at 92-96; penned by Judge Gabrile T. Ingles.

    [11] In said Decision, the RTC ordered Aurora Go to pay the following:

    1. P200,000.00 for moral damages;

    2. P30,000.00 plus P2,000.00 per appearance as attorney's fees.

    3. P10,000.00 as litigation expense; and

    4. cost of suit. (Id. at 96.)

    [12] Id. at 110.

    [13] Id. at 90-91.

    [14]  Id. at 97.

    [15]  Id. at 100-101.

    [16]  Id. at 103.

    [17]  Id. at 104-109.

    [18]  Id. at 111.

    [19]  Id. at 114.

    [20]  Id. at 112-113.

    [21]  Id. at 116.

    [22]  Id. at 121.

    [23]  CA rollo, p. 3.

    [24] Rollo, pp. 130-131; penned by Associate Justice Vicente L. Yap and concurred in by Associate Justices Mercedes Gozo-Dadole and Pampio A. Abarintos.

    [25] Id. at 132-140.

    [26] CA rollo, pp. 39-40.

    [27] Rollo, pp. 142-143.  Citations omitted. Underscoring in the original.

    [28] Rules of Court, Rule 65, Sec. 1.

    [29] Garcia v. Philippine Airlines, Inc., 498 Phil. 809, 820 (2005).

    [30] Air Philippines Corporation v. Zamora, G.R. No.148247, August 7, 2006, 498 SCRA 59, 62.

    [31] CA rollo, pp. 19-24, 27-28, 30-33.

    [32] Solar Team Entertainment, Inc. v. Judge Ricafort, 355 Phil. 404, 414 (1998).

    [33] 430 Phil 128 (2002).

    [34] Heirs of Gaudiano v. Benemerito, G.R. No. 174247, February 21, 2007, 516 SCRA 416, 420-421 citing Sps. Buenaflor v. Court of Appeals, 400 Phil. 395, 402-403 (2000).

    [35] GCP-Manny Transport Services, Inc. v. Judge Principe, 511 Phil. 176, 186 (2005), citing Philhouse Development Corp. v. Consolidated Orix Leasing & Finance Corp., 408 Phil. 392, 398 (2001) and Balgami v. Court of Appeals, 487 Phil. 102, 114-115 (2004).

    [36] Ramos v. Atty. Dajayog, Jr., 428 Phil. 267, 278 (2002).

    [37] 506 Phil. 613 (2005).

    [38] Id. at 626-627.

    [39] Pfizer, Inc. v. Galan, 410 Phil. 483, 491 (2001).

    [40] Sumiran v. Damaso, G.R. No. 162518, August 19, 2009, 596 SCRA 450; Fil-Estate Properties, Inc. v. Homena-Valencia, G.R. No. 173942, June 25, 2008, 555 SCRA 345; First Aqua Sugar Traders, Inc. v. Bank of the Philippine Islands, G.R. No. 154034, February 5, 2007, 514 SCRA 223; Sumaway v. Urban Bank, Inc., G.R. No. 142534, June 27, 2006, 493 SCRA 99; Elbiña v. Ceniza, G.R. No. 154019, August 10, 2006, 498 SCRA 439.

    [G.R. No. 168240, February 09 : 2011]   AURORA B. GO, PETITIONER, VS. ELMER SUNBANUN,⃰ GEORGIE S. TAN, DORIS SUNBANUN AND RICHARD SUNBANUN, RESPONDENTS.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED