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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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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 MI—OZA, NAMELY: THE HEIRS OF FILOMENO T. MI—OZA, REPRESENTED BY LAUREANO M. MI—OZA; THE HEIRS OF PEDRO T. MI—OZA; AND THE HEIRS OF FLORENCIA T. MI—OZA, 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. IBA√ĎEZ AND ESTHER A. RAFAEL-IBA√ĎEZ, 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,‚Éį 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. PE√ĎA, 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 PESTA√ĎO, EVELYN PESTA√ĎO, 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. TRE√ĎAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TRE√ĎAS, 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. TRE√ĎAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TRE√ĎAS, 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. TRE√ĎAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TRE√ĎAS, 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 PE√ĎA, 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 ABA√ĎO Y CA√ĎARES, 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. 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.

     
    FIRST DIVISION

    [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.

    R E S O L U T I O N


    VELASCO JR., J.:

    Before this Court is a Petition dated April 7, 2009[1] filed by Constancio F. Mendoza and Sangguniang Barangay of Balatasan, Bulalacao, Oriental Mindoro.  In the Petition, it is prayed that the Court: (1) set aside the Order dated February 2, 2009[2] of the Regional Trial Court (RTC), Branch 43 in Roxas, Oriental Mindoro and its Order dated March 17, 2009[3] denying petitioners' motion for reconsideration of the Order dated February 2, 2009; and (2) direct the RTC to continue with the proceedings in Special Civil Action No. 08-10 entitled Constancio Mendoza v. Mayor Enrilo Villas.

    The factual antecedents of the case are as follows:

    In the 2007 barangay elections, Mendoza obtained the highest votes for the position of Punong Barangay of Barangay Balatasan, Bulalacao, Oriental Mindoro, while respondent Liwanag Herato obtained the highest number of votes for the position of Barangay Kagawad. Notably, Mayor Enrilo Villas was the incumbent Mayor of Bulalacao, Oriental Mindoro at the time of the barangay elections.[4]

    After the elections, the Commission on Elections (COMELEC) proclaimed Mendoza as the duly-elected Punong Barangay of Balatasan. Thus, the losing candidate, Thomas Pajanel, filed a petition for quo warranto with the Municipal Trial Court (MTC) of Mansalay-Bulalacao which was docketed as Election Case No. 407-B. The MTC issued a Decision dated February 23, 2008, disqualifying Mendoza and declaring that Herato was entitled to succeed him as Punong Barangay with Herato garnering the highest number of votes as a Barangay Kagawad. Mendoza appealed the MTC Decision to the COMELEC.

    On February 28, 2008, Villas administered the Oath of Office to Herato.[5]  Then, Villas issued Memorandum No. 2008-03-010 dated March 3, 2008,[6] directing all department heads of the Municipal Government to act only on documents signed or authorized by Herato.

    Meanwhile, Mendoza sought the advice of the Department of the Interior and Local Government (DILG) as to who should exercise the powers of Punong Barangay of Balatasan given the prevailing controversy.

    In a letter dated April 11, 2008,[7] DILG Undersecretary Austere A. Panadero responded to Mendoza's inquiry informing Villas that Mendoza should occupy the post of Punong Barangay as there was no Writ of Execution Pending Appeal of the MTC Decision dated February 23, 2008.

    Nevertheless, the Bulalacao Municipal Administrator, Edezer Aceron, by the authority of Villas, issued a letter dated April 23, 2008[8] to respondent Marlon de Castro, Manager, Pinamalayan Branch, Land Bank of the Philippines (LBP), requesting that transactions entered into by Mendoza in behalf of Barangay Bulalacao should not be honored. In the same letter, Aceron dismissed the DILG letter dated April 11, 2008, saying that it is merely advisory and not binding on the municipal government of Bulalacao and the LBP.

    In response, de Castro issued Villas and Mendoza a letter dated April 24, 2008,[9] advising both parties that the LBP shall not honor any transaction with regard the accounts of Barangay Balatasan.

    Thereafter, petitioners filed a Petition dated May 5, 2008 for Mandamus with Damages and Prayer for the Writ of Preliminary Mandatory Injunction, docketed as Special Civil Action No. 08-10 pending with the Regional Trial Court, Branch 43 in Roxas, Oriental Mindoro. Petitioners prayed that the LBP be directed to release the funds of Barangay Balatasan to them in order to render necessary, basic public services to the inhabitants of the barangay.

    Thus, Villas and Herato filed an Answer dated May 16, 2008 interposing the following affirmative defenses:  (1) that the petition for mandamus was defective, being directed against two or more different entities and requiring to perform different acts; and (2) that Mendoza does not have any clear and legal right for the writ of mandamus.

    On the other hand, the LBP also filed its Answer dated June 5, 2008, stating that its decision of withholding the barangay/i> funds was a mere act of prudence given the controversy surrounding the true Punong Barangay of Balatasan while manifesting that it will release the funds to whom the Court directs it to.

    Thereafter, Villas and Herato filed a Motion to Dismiss dated November 7, 2008. In the Motion, a copy of the COMELEC Resolution dated September 8, 2008 in COMELEC Case No. SPA-07-243-BRGY was attached. This case originated from a disqualification case against Mendoza filed with the COMELEC by Senen Familara before the conduct of the 2007 barangay elections.  In the Resolution, the COMELEC disqualified Mendoza as a candidate for Punong Barangay of Barangay Balatasan in the 2007 barangay elections for having already served three (3) consecutive terms for the same position. In response, Mendoza presented a Certification dated February 27, 2009[10] from the COMELEC which stated that COMELEC Case No. SPA-07-243-BRGY is still pending with the Commission.

    In an attempt to clarify the issues on the matter, Mendoza again sought the opinion of the DILG regarding the controversy. Thus, the DILG issued another letter, denominated as DILG Opinion No.  5, Series of 2009 dated January 2009,[11] reiterating its stance that the MTC Decision dated February 23, 2008 has not yet become final and executory.

    Nevertheless, the RTC issued the assailed order dated February 2, 2009 dismissing the petition on the strength of the COMELEC Resolution dated September 8, 2008 disqualifying Mendoza from running in the 2007 elections. As stated, petitioners' motion for reconsideration of the Order dated February 2, 2009 was denied in an Order dated March 17, 2009.

    From such orders the petitioners went directly to this Court.

    The instant petition is a direct recourse to this Court from the assailed orders of the RTC. Notably, petitioners did not cite the rule under the Rules of Court by which the petition was filed. If the petition is to be treated as a petition filed under Rule 65 of the Rules of Court, the petition must be dismissed outright for having been filed prematurely.

    In Chamber of Real Estate and Builders Associations, Inc. (CREBA) v. Secretary of Agrarian Reform,[12] a petition for certiorari filed under Rule 65 was dismissed for having been filed directly with the Court, violating the principle of hierarchy of courts, to wit:

    Primarily, although this Court, the Court of Appeals and the Regional Trial Courts have concurrent jurisdiction to issue writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction, such concurrence does not give the petitioner unrestricted freedom of choice of court forum. In Heirs of Bertuldo Hinog v. Melicor, citing People v. Cuaresma, this Court made the following pronouncements:

    This Court's original jurisdiction to issue writs of certiorari is not exclusive. It is shared by this Court with Regional Trial Courts and with the Court of Appeals. This concurrence of jurisdiction is not, however, to be taken as according to parties seeking any of the writs an absolute, unrestrained freedom of choice of the court to which application therefor will be directed. There is after all a hierarchy of courts. That hierarchy is determinative of the venue of appeals, and also serves as a general determinant of the appropriate forum for petitions for the extraordinary writs. A becoming regard for that judicial hierarchy most certainly indicates that petitions for the issuance of extraordinary writs against first level ("inferior") courts should be filed with the Regional Trial Court, and those against the latter, with the Court of Appeals. A direct invocation of the Supreme Court's original jurisdiction to issue these writs should be allowed only when there are special and important reasons therefor, clearly and specifically set out in the petition./b> This is [an] established policy. It is a policy necessary to prevent inordinate demands upon the Court's time and attention which are better devoted to those matters within its exclusive jurisdiction, and to prevent further over-crowding of the Court's docket. (Emphasis supplied.)

    Similarly, there are no special and important reasons that petitioners cite to justify their direct recourse to this Court under Rule 65.

    On the other hand, direct recourse to this Court has been allowed for petitions filed under Rule 45 when only questions of law are raised, as in this case. Thus, the Court ruled in Barcenas v. Tomas:[13]

    Section 1 of Rule 45 clearly states that the following may be appealed to the Supreme Court through a petition for review by certiorari: 1) judgments; 2) final orders; or 3) resolutions of the Court of Appeals, the Sandiganbayan, the Regional Trial Court or similar courts, whenever authorized by law. The appeal must involve only questions of law, not of fact.

    This Court has, time and time again, pointed out that it is not a trier of facts; and that, save for a few exceptional instances, its function is not to analyze or weigh all over again the factual findings of the lower courts. There is a question of law when doubts or differences arise as to what law pertains to a certain state of facts, and a question of fact when the doubt pertains to the truth or falsity of alleged facts.

    Under the principle of the hierarchy of courts, decisions, final orders or resolutions of an MTC should be appealed to the RTC exercising territorial jurisdiction over the former. On the other hand, RTC judgments, final orders or resolutions are appealable to the CA through either of the following: an ordinary appeal if the case was originally decided by the RTC; or a petition for review under Rule 42, if the case was decided under the RTC's appellate jurisdiction.

    Nonetheless, a direct recourse to this Court can be taken for a review of the decisions, final orders or resolutions of the RTC, but only on questions of law. Under Section 5 of Article VIII of the Constitution, the Supreme Court has the power to

    (2) Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

    x x x x

    (e) All cases in which only an error or question of law is involved.

    This kind of direct appeal to this Court of RTC judgments, final orders or resolutions is provided for in Section 2(c) of Rule 41, which reads:

    SEC. 2. Modes of appeal.‚ÄĒ

    x x x x

    (c) Appeal by certiorari.‚ÄĒIn all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45.

    Procedurally then, petitioners could have appealed the RTC Decision affirming the MTC (1) to this Court on questions of law only; or (2) if there are factual questions involved, to the CA -- as they in fact did. Unfortunately for petitioners, the CA properly dismissed their petition for review because of serious procedural defects. This action foreclosed their only available avenue for the review of the factual findings of the RTC. (Emphasis supplied.)

    Thus, the Court shall exercise liberality and consider the instant petition as one filed under Rule 45.  In Artistica Ceramica, Inc. v. Ciudad Del Carmen Homeowner's Association, Inc.,[14] citing Republic v. Court of Appeals,[15] the Court noted that it has the discretion to determine whether a petition was filed under Rule 45 or 65 of the Rules of Court:

    Admittedly, this Court, in accordance with the liberal spirit pervading the Rules of Court and in the interest of justice, has the discretion to treat a petition for certiorari as having been filed under Rule 45, especially if filed within the reglementary period for filing a petition for review.

    Nevertheless, even providing that the petition was not filed prematurely, it must still be dismissed for having become moot and academic.

    In Gunsi, Sr. v. Commissioners, The Commission on Elections,[16] the Court defined a moot and academic case as follows:

    A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical value. As a rule, courts decline jurisdiction over such case, or dismiss it on ground of mootness.

    With the conduct of the 2010 barangay elections, a supervening event has transpired that has rendered this case moot and academic and subject to dismissal.  This is because, as stated in Fernandez v. Commission on Elections,[17] "whatever judgment is reached, the same can no longer have any practical legal effect or, in the nature of things, can no longer be enforced."  Mendoza's term of office has expired with the conduct of last year's local elections. As such, Special Civil Action No. 08-10, where the assailed Orders were issued, can no longer prosper.  Mendoza no longer has any legal standing to further pursue the case, rendering the instant petition moot and academic.

    WHEREFORE, the Petition is DENIED.

    SO ORDERED.

    Corona, C.J., (Chairperson), Nachura,* Del Castillo, and Perez, JJ., concur.

    Endnotes:


    * Additional member per Special Order No. 947 dated February 11, 2011.

    [1] Rollo, p. 3-27.

    [2] Id. at 43-46.

    [3] Id. at 69.

    [4] Id..at 71.

    [5] Id. at 72.

    [6] Id. at 73

    [7] Id. at 75-78.

    [8] Id. at 79.

    [9] Id. at 80.

    [10] Id. at 68.

    [11] Id. at 81-82.

    [12] G.R. No. 183409, June 18, 2010, 621 SCRA 295, 309-310.

    [13] G.R. No. 150321, March 31, 2005, 454 SCRA 593, 606-607.

    [14] G.R. Nos. 167583-84, June 16, 2010, 621 SCRA 22, 34.

    [15] G.R. No. 95533, November 20, 2000, 345 SCRA 63, 70.

    [16] G.R. No. 168792, February 23, 2009, 580 SCRA 70, 76.

    [17] G.R. No. 176296, June 30, 2008, 556 SCRA 765, 771.

     [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.


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