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

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
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July-2011 Jurisprudence                 

  • [G.R. No. 181035 : July 04, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NOEL DION, ACCUSED-APPELLANT.

  • [G.R. No. 176061 : July 04, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. BINGKY CAMPOS AND DANNY "BOY" ACABO, APPELLANTS.

  • [A.M. No. 2011-04-SC : July 05, 2011] RE: GROSS VIOLATION OF CIVIL SERVICE LAW ON THE PROHIBITION AGAINST DUAL EMPLOYMENT AND DOUBLE COMPENSATION IN THE GOVERNMENT SERVICE COMMITTED BY MR. EDUARDO V. ESCALA, SC CHIEF JUDICIAL STAFF OFFICER, SECURITY DIVISION, OFFICE OF ADMINISTRATIVE SERVICES.

  • [G.R. No. 183711 : July 05, 2011] EDITA T. BURGOS, PETITIONER, VS. PRESIDENT GLORIA MACAPAGAL-ARROYO, GEN. HERMOGENES ESPERON, JR., LT. GEN. ROMEO P. TOLENTINO, MAJ. GEN. JUANITO GOMEZ, MAJ. GEN. DELFIN BANGIT, LT. COL. NOEL CLEMENT, LT. COL. MELQUIADES FELICIANO, DIRECTOR GENERAL OSCAR CALDERON, RESPONDENTS. [G.R. No. 183712] EDITA T. BURGOS, PETITIONER, VS. PRESIDENT GLORIA MACAPAGAL ARROYO, GEN. HERMOGENES ESPERON, JR., LT. GEN. ROMEO P. TOLENTINO, MAJ. GEN. JUANITO GOMEZ, LT. COL. MELQUIADES FELICIANO, LT. COL. NOEL CLEMENT, RESPONDENTS. [G.R. No. 183713] EDITA T. BURGOS, PETITIONER, VS. CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, GEN. HERMOGENES ESPERON, JR., COMMANDING GENERAL OF THE PHILIPPINE ARMY, LT. GEN. ALEXANDER YANO; CHIEF OF THE PHILIPPINE NATIONAL POLICE, DIRECTOR GENERAL AVELINO RAZON, JR., RESPONDENTS.

  • [A.M. No. 09-5-2-SC : July 05, 2011] RE: BREWING CONTROVERSIES IN THE ELECTIONS IN THE INTEGRATED BAR OF THE PHILIPPINES [A.C. NO. 8292] ATTYS. MARCIAL M. MAGSINO, MANUEL M. MARAMBA AND NASSER MAROHOMSALIC, COMPLAINANTS, VS. ATTYS. ROGELIO A. VINLUAN, ABELARDO C. ESTRADA, BONIFACIO T. BARANDON, JR., EVERGISTO S. ESCALON AND RAYMUND JORGE A. MERCADO, RESPONDENTS.

  • [G.R. No. 171101 : July 05, 2011] HACIENDA LUISITA, INCORPORATED, PETITIONER, LUISITA INDUSTRIAL PARK CORPORATION AND RIZAL COMMERCIAL BANKING CORPORATION, PETITIONERS-IN-INTERVENTION, VS. PRESIDENTIAL AGRARIAN REFORM COUNCIL; SECRETARY NASSER PANGANDAMAN OF THE DEPARTMENT OF AGRARIAN REFORM; ALYANSA NG MGA MANGGAGAWANG BUKID NG HACIENDA LUISITA, RENE GALANG, NOEL MALLARI, AND JULIO SUNIGA [1] AND HIS SUPERVISORY GROUP OF THE HACIENDA LUISITA, INC. AND WINDSOR ANDAYA, RESPONDENTS.

  • [G. R. No. 190795 : July 06, 2011] NATIONAL ASSOCIATION OF ELECTRICIY CONSUMERS FOR REFORMS, INC. (NASECORE), REPRESENTED BY PETRONILO ILAGAN; FEDERATION OF VILLAGE ASSOCIATIONS (FOVA), REPRESENTED BY SIEFRIEDO VELOSO; AND FEDERATION OF LAS PIÑAS VILLAGE (FOLVA), REPRESENTED BY BONIFACIO DAZO, PETITIONERS, VS. ENERGY REGULATORY COMMISSION (ERC) AND MANILA ELECTRIC COMPANY, INC. (MERALCO), RESPONDENTS.

  • [G.R. No. 192235 : July 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROLANDO LAYLO Y CEPRES, APPELLANT.

  • [G.R. No. 169196 : July 06, 2011] PETRA C. MARTINEZ, IN HER CAPACITY AS GENERAL MANAGER, CLAVERIA AGRI-BASED MULTI-PURPOSE COOPERATIVE, INC., PETITIONER, VS. FILOMENA L. VILLANUEVA, RESPONDENT. [G.R. NO. 169198] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. FILOMENA L. VILLANUEVA, RESPONDENT.

  • [G.R. No. 184253 : July 06, 2011] REPUBLIC OF THE PHILIPPINES, THROUGH THE PHILIPPINE NAVY, REPRESENTED BY CAPT. RUFO R. VILLANUEVA, SUBSTITUTED BY CAPT. PANCRACIO O. ALFONSO, AND NOW BY CAPT. BENEDICTO G. SANCEDA PN, PETITIONER, VS. CPO MAGDALENO PERALTA PN (RET.), CPO ROMEO ESTALLO PN (RET.), CPO ERNESTO RAQUION PN (RET.), MSGT SALVADOR RAGAS PM (RET.), MSGT DOMINGO MALACAT PM (RET.), MSGT CONSTANTINO CANONIGO PM (RET.), AND AMELIA MANGUBAT, RESPONDENTS. MSGT ALFREDO BANTOG PM (RET.), MSGT RODOLFO VELASCO PM (RET.), AND NAVY ENLISTEDMEN HOMEOWNERS ASSOCIATION, INC., RESPONDENT-INTERVENORS.

  • [G.R. No. 175926 : July 06, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RESTITUTO CARANDANG, HENRY MILAN AND JACKMAN CHUA, ACCUSED-APPELLANTS.

  • [G.R. No. 192816 : July 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JOEL GASPAR Y WILSON, APPELLANT.

  • [G.R. No. 175457 : July 06, 2011] RUPERTO A. AMBIL, JR., PETITIONER, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, RESPONDENT. [G.R. NO. 175482] VS. ALEXANDRINO R. APELADO, SR., PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 167284 : July 06, 2011] THE ESTATE OF SOLEDAD MANINANG AND THE LAW FIRM OF QUISUMBING TORRES, PETITIONERS, VS. THE HONORABLE COURT OF APPEALS, SPOUSES SALVACION SERRANO LADANGA* AND AGUSTIN LADANGA,** AND BERNARDO ASENETA, RESPONDENTS.

  • [G.R. No. 160138 : July 13, 2011] AUTOMOTIVE ENGINE REBUILDERS, INC. (AER), ANTONIO T. INDUCIL, LOURDES T. INDUCIL, JOCELYN T. INDUCIL AND MA. CONCEPCION I. DONATO, PETITIONERS, VS. PROGRESIBONG UNYON NG MGA MANGGAGAWA SA AER, ARNOLD VILLOTA, FELINO E. AGUSTIN, RUPERTO M. MARIANO II, EDUARDO S. BRIZUELA, ARNOLD S. RODRIGUEZ, RODOLFO MAINIT, JR., FROILAN B. MADAMBA, DANILO D. QUIBOY, CHRISTOPHER R. NOLASCO, ROGER V. BELATCHA, CLEOFAS B. DELA BUENA, JR., HERMINIO P. PAPA, WILLIAM A. RITUAL, ROBERTO CALDEO, RAFAEL GACAD, JAMES C. CAAMPUED, ESPERIDION V. LOPEZ, JR., FRISCO M. LORENZO, JR., CRISANTO LUMBAO, JR., AND RENATO SARABUNO, RESPONDENTS. [G.R. NO. 160192] PROGRESIBONG UNYON NG MGA MANGGAGAWA SA AER, ARNOLD VILLOTA, FELINO E. AGUSTIN, RUPERTO M. MARIANO II, EDUARDO S. BRIZUELA, ARNOLD S. RODRIGUEZ, RODOLFO MAINIT, JR., FROILAN B. MADAMBA, DANILO D. QUIBOY, CHRISTOPHER R. NOLASCO, ROGER V. BELATCHA, CLEOFAS B. DELA BUENA, JR., HERMINIO P. PAPA, WILLIAM A. RITUAL, ROBERTO CALDEO, RAFAEL GACAD, JAMES C. CAAMPUED, ESPERIDION V. LOPEZ, JR., FRISCO M. LORENZO, JR., CRISANTO LUMBAO, JR., AND RENATO SARABUNO, PETITIONERS, VS. AUTOMOTIVE ENGINE REBUILDERS, INC., AND ANTONIO T. INDUCIL, RESPONDENTS.

  • [G.R. No. 160088 : July 13, 2011] AGUSTIN P. DELA TORRE, PETITIONER, VS. THE HONORABLE COURT OF APPEALS, CRISOSTOMO G. CONCEPCION, RAMON "BOY" LARRAZABAL, PHILIPPINE TRIGON SHIPYARD CORPORATION, AND ROLAND G. DELA TORRE, RESPONDENTS. [G.R. No. 160565] PHILIPPINE TRIGON SHIPYARD CORPORATION AND ROLAND G. DELA TORRE, PETITIONERS, VS. CRISOSTOMO G. CONCEPCION, AGUSTIN DELA TORRE AND RAMON "BOY" LARRAZABAL, RESPONDENTS.

  • [G.R. No. 193003 : July 13, 2011] FRANCISCO IMSON Y ADRIANO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 185440 : July 13, 2011] VICELET LALICON AND VICELEN LALICON, PETITIONERS, VS. NATIONAL HOUSING AUTHORITY, RESPONDENT.

  • [G.R. No. 186467 : July 13, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JAIME GATLABAYAN Y BATARA, ACCUSED-APPELLANT.

  • [A.M. No. RTJ-11-2284 [Formerly A.M. OCA IPI No. 09-3304-RTJ] : July 13, 2011] SPOUSES SUR AND RITA VILLA AND LETICIA GOREMBALEM VALENZUELA, COMPLAINANTS, VS. PRESIDING JUDGE ROBERTO L. AYCO, OFFICER-IN-CHARGE/ LEGAL RESEARCHER VIRGINIA M. BARTOLOME AND SHERIFF IV CRISPIN S. CALSENIA, JR., ALL OF THE REGIONAL TRIAL COURT, BRANCH 26, SURALLAH, SOUTH COTABATO, RESPONDENTS.

  • [A.M. No. P-11-2945 [Formerly OCA-I.P.I. No. 11-3590-P] : July 13, 2011] RE: LEAVE DIVISION, OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. FRANCISCO A. PUA, JR., CLERK OF COURT V, REGIONAL TRIAL COURT, BRANCH 55, LUCENA CITY, RESPONDENT.

  • [G.R. No. 175091 : July 13, 2011] P/CHIEF INSPECTOR FERNANDO BILLEDO, SPO3 RODRIGO DOMINGO, PO3 JORGE LOPEZ, FERDINAND CRUZ, AND MARIANO CRUZ, PETITIONERS, VS. WILHELMINA WAGAN, PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF BRANCH III, PASAY CITY, PUBLIC RESPONDENT. ALBERTO MINA, NILO JAY MINA AND FERDINAND CAASI, PRIVATE RESPONDENTS.

  • [A.M. No. P-11-2946 [Formerly A.M. No. 11-5-52-MTCC] : July 13, 2011] RE: DROPPING FROM THE ROLLS OF CORNELIO RENIETTE CABRERA, UTILITY WORKER I, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 1, LIPA CITY.

  • [G.R. No. 165487 : July 13, 2011] COUNTRY BANKERS INSURANCE CORPORATION, PETITIONER, VS. ANTONIO LAGMAN, RESPONDENT.

  • [G.R. No. 153982 : July 18, 2011] SAN MIGUEL PROPERTIES PHILIPPINES, INC., PETITIONER, VS. GWENDELLYN ROSE S. GUCABAN, RESPONDENT.

  • [G.R. No. 116121 : July 18, 2011] THE HEIRS OF THE LATE RUBEN REINOSO, SR., REPRESENTED BY RUBEN REINOSO JR., PETITIONERS, VS. COURT OF APPEALS, PONCIANO TAPALES, JOSE GUBALLA, AND FILWRITERS GUARANTY ASSURANCE CORPORATION,** RESPONDENT.

  • [G.R. No. 163551 : July 18, 2011] DATU KIRAM SAMPACO, SUBSTITUTED BY HADJI SORAYA S. MACABANDO, PETITIONER, VS. HADJI SERAD MINGCA LANTUD, RESPONDENT.

  • [G.R. No. 163653 : July 19, 2011] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. FILINVEST DEVELOPMENT CORPORATION, RESPONDENT. [G.R. NO. 167689] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. FILINVEST DEVELOPMENT CORPORATION, RESPONDENT.

  • [G.R. No. 193007 : July 19, 2011] RENATO V. DIAZ AND AURORA MA. F. TIMBOL, PETITIONERS, VS. THE SECRETARY OF FINANCE AND THE COMMISSIONER OF INTERNAL REVENUE, RESPONDENTS.

  • [G.R. No. 187246 : July 20, 2011] EDWIN TABAO Y PEREZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 169594 : July 20, 2011] BIENVENIDO BARRIENTOS, PETITIONER, VS. MARIO RAPAL, RESPONDENT.

  • [G.R. No. 193723 : July 20, 2011] GENERAL MILLING CORPORATION, PETITIONER, VS. SPS. LIBRADO RAMOS AND REMEDIOS RAMOS, RESPONDENTS.

  • G.R. No. 181919 : July 20, 2011] JONES INTERNATIONAL MANPOWER SERVICES, INC., REPRESENTED BY ITS PRESIDENT, EDWARD G. CUE, PETITIONER, VS. BELLA AGCAOILI-BARIT, RESPONDENT.

  • [G.R. No. 166863 : July 20, 2011] GOVERNMENT SERVICE INSURANCE SYSTEM, PETITIONER, VS. JUM ANGEL, RESPONDENT.

  • [G.R. No. 192760 : July 20, 2011] JOJIT GARINGARAO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 167246 : July 20, 2011] GEORGE LEONARD S. UMALE, PETITIONER, VS. CANOGA PARK DEVELOPMENT CORPORATION, RESPONDENT.

  • [G.R. No. 164050 : July 20, 2011] MERCURY DRUG CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 186227 : July 20, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALLEN UDTOJAN MANTALABA, ACCUSED-APPELLANT.

  • [A.M. No. MTJ-09-1736 [FORMERLY OCA I.P.I. NO. 08-2034-MTJ] : July 25, 2011] ATTY. CONRADO B. GANDEZA, JR., COMPLAINANT, VS. JUDGE MARIA CLARITA C. TABIN, PRESIDING JUDGE, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 4, BAGUIO CITY. RESPONDENT.

  • [G.R. No. 173259 : July 25, 2011] PHILIPPINE NATIONAL BANK, PETITIONER, VS. F.F. CRUZ AND CO., INC. RESPONDENT.

  • [G.R. No. 165777 : July 25, 2011] CEFERINA DE UNGRIA [DECEASED], SUBSTITUTED BY HER HEIRS, REPRESENTED BY LOLITA UNGRIA SAN JUAN-JAVIER, AND RHODORA R. PELOMIDA AS THEIR ATTORNEY-IN-FACT, PETITIONER, VS. THE HONORABLE COURT OF APPEALS, THE HONORABLE REGIONAL TRIAL COURT OF GENERAL SANTOS CITY, BRANCH 35, ROSARIO DIDELES VDA. DE CASTOR, NEPTHALIE CASTOR ITUCAS, FEROLYN CASTOR FACURIB, RACHEL DE CASTOR, LEA CASTOR DOLLOLOSA, AND ROSALIE CASTOR BENEDICTO, RESPONDENTS.

  • [G.R. No. 152695 : July 25, 2011] VICTORIA CLARAVALL, ASSISTED BY HER HUSBAND, LORETO CLARAVALL, PETITIONER, VS. RICARDO LIM, ROBERTO LIM, AND ROGELIO LIM, RESPONDENTS.

  • [G.R. No. 151911 : July 25, 2011] EDGAR PAYUMO, REYNALDO RUANTO, CRISANTO RUANTO, APOLINARIO RUANTO, AND EXEQUIEL BONDE, PETITIONERS, VS. HONORABLE SANDIGANBAYAN, PEOPLE OF THE PHILIPPINES, OFFICE OF THE OMBUDSMAN, AND OFFICE OF THE SPECIAL PROSECUTOR, DOMICIANO CABIGAO, NESTOR DOMACENA, ROLANDO DOBLADO, ERNESTO PAMPUAN, EDGARDO PRADO, ROMEO DOMINICO, RAMON GARCIA, AND CARLOS PACHECO, RESPONDENTS. [G.R. NO. 154535] NESTOR DOMACENA, PETITIONER, VS. HONORABLE SANDIGANBAYAN, PEOPLE OF THE PHILIPPINES, AND EDGAR PAYUMO, REYNALDO RUANTO, CRISANTO RUANTO, APOLINARIO RUANTO, AND EXEQUIEL BONDE, RESPONDENTS.

  • [A.M. No. 07-9-214-MTCC : July 26, 2011] RE: APPLICATION FOR INDEFINITE LEAVE AND TRAVEL ABROAD OF PRESIDING JUDGE FRANCISCO P. RABANG III, MUNICIPAL TRIAL COURT IN CITIES, COTABATO CITY

  • [A.M. No. RTJ-11-2261 (Formerly oca ipi No. 10-3386- RTJ) : July 26, 2011] ATTY. JOSE VICENTE D. FERNANDEZ, COMPLAINANT, VS. JUDGE ANGELES S. VASQUEZ, RESPONDENT.

  • [G.R. No. 161787 : July 27, 2011] MASING AND SONS DEVELOPMENT CORPORATION AND CRISPIN CHAN, PETITIONERS, VS. GREGORIO P. ROGELIO, RESPONDENT.

  • [G.R. No. 175485 : July 27, 2011] CASIMIRO DEVELOPMENT CORPORATION, PETITIONER, VS. RENATO L. MATEO, RESPONDENT.

  • [G.R. No. 175343 : July 27, 2011] LORETO LUGA (DECEASED), SUBSTITUTED BY CELERINA LUGA - DECEASED (WIFE) AND CHILDREN NAMELY: PURIFICACION LUGA-BIONG, ELIZABETH LUGA-CABAÑA, ROSALIE LUGA-TANUTAN, LEDIA LUGA-GUY AB, MARITESS LUGA-GRAVINO, NESTOR LUGA AND DAVID LUGA. PETITIONERS, VS. SPS. ELENA AND ROGELIO ARCIAGA, RESPONDENTS.

  • [G.R. No. 186417 : July 27, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FELIPE MIRANDILLA, JR., DEFENDANT AND APPELLANT.

  • [G. R. No. 172699 : July 27, 2011] ELECTROMAT MANUFACTURING AND RECORDING CORPORATION, PETITIONER, VS. HON. CIRIACO LAGUNZAD, IN HIS CAPACITY AS REGIONAL DIRECTOR, NATIONAL CAPITAL REGION, DEPARTMENT OF LABOR AND EMPLOYMENT; AND HON. HANS LEO J. CACDAC, IN HIS CAPACITY AS DIRECTOR OF BUREAU OF LABOR RELATIONS, DEPARTMENT OF LABOR AND EMPLOYMENT, PUBLIC RESPONDENTS. D E C I S I O N NAGKAKAISANG SAMAHAN NG MANGGAGAWA NG ELECTROMAT-WASTO, PRIVATE RESPONDENT.

  • [G.R. No. 164679 : July 27, 2011] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. ULDARICO P. ANDUTAN, JR., RESPONDENT.

  • [A.M. NO. P-11-2944 (FORMERLY OCA IPI NO. 10-3342-P) : July 27, 2011] CAROL A. ABADIANO, CLEOFE ABADIANO-BONACHITA, RYAN M. ABADIANO AND CHERRY MAE M. ABADIANO, COMPLAINANTS, VS. GENEROSO B. REGALADO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 16, CEBU CITY, RESPONDENT.

  • [G.R. No. 163252 : July 27, 2011] ABOSTA SHIPMANAGEMENT CORPORATION, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION (FIRST DIVISION) AND ARNULFO R. FLORES, RESPONDENTS.

  • [G.R. No. 159101 : July 27, 2011] SPS. GONZALO T. DELA ROSA & CRISTETA DELA ROSA, PETITIONERS, VS. HEIRS OF JUAN VALDEZ AND SPOUSES POTENCIANO MALVAR AND LOURDES MALVAR, RESPONDENTS.

  • [G.R. No. 175291 : July 27, 2011] THE HEIRS OF NICOLAS S. CABIGAS, NAMELY: LOLITA ZABATE CABIGAS, ANECITA C. CANQUE, DIOSCORO CABIGAS, FIDEL CABIGAS, AND RUFINO CABIGAS, PETITIONERS, VS. MELBA L. LIMBACO, LINDA L. LOGARTA, RAMON C. LOGARTA, HENRY D. SEE, FREDDIE S. GO, BENEDICT Y. QUE, AWG DEVELOPMENT CORPORATION, PETROSA DEVELOPMENT CORPORATION, AND UNIVERSITY OF CEBU BANILAD, INC., RESPONDENTS.

  • [A.M. No. P-11-2888 (formerly A.M. OCA I.P.I. No. 09-3252-P) : July 27, 2011] GOLDEN SUN FINANCE CORPORATION, REPRESENTED BY RACHELLE L. MARMITO, COMPLAINANT, VS. RICARDO R. ALBANO, SHERIFF III, METROPOLITAN TRIAL COURT (METC), BRANCH 62, MAKATI CITY, RESPONDENT.

  • [A.M. No. P-10-2852 (Formerly A.M. OCA IPI No. 09-3270-P) : July 27, 2011] OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. LEDA O. URI, COURT STENOGRAPHER I, MUNICIPAL TRIAL COURT, ALAMINOS, LAGUNA, RESPONDENT.

  • [G.R. No. 178941 : July 27, 2011] JOSE ANSELMO I. CADIZ, LEONARD S. DE VERA, ROMULO A. RIVERA, DANTE G. ILAYA, PURA ANGELICA Y. SANTIAGO, ROSARIO T. SETIAS-REYES, JOSE VICENTE B. SALAZAR, MANUEL M. MONZON, IMMANUEL L. SODUSTA, CARLOS L. VALDEZ, JR., AND LYDIA A. NAVARRO, PETITIONERS, VS. THE HONORABLE PRESIDING JUDGE, BR. 48, RTC-PUERTO PRINCESA AND GLENN C. GACOTT, RESPONDENTS.

  • [G.R. No. 164356 : July 27, 2011] HEIRS OF MARGARITO PABAUS, NAMELY, FELICIANA P. MASACOTE, MERLINDA P. CAILING, MAGUINDA P. ARCLETA, ADELAIDA PABAUS, RAUL MORGADO AND LEOPOLDO MORGADO, PETITIONERS, VS. HEIRS OF AMANDA YUTIAMCO, NAMELY, JOSEFINA TAN, AND MOISES, VIRGINIA, ROGELIO, ERLINDA, ANA AND ERNESTO, ALL SURNAMED YUTIAMCO, RESPONDENTS.

  • [G.R. No. 168251 : July 27, 2011] JESUS M. MONTEMAYOR, PETITIONER, VS. VICENTE D. MILLORA, RESPONDENT.

  • [G.R. No. 171868 : July 27, 2011] SPOUSES FRANCISCO D. YAP AND WHELMA S. YAP, PETITIONERS, VS. SPOUSES ZOSIMO DY, SR. AND NATIVIDAD CHIU DY, SPOUSES MARCELINO MAXINO AND REMEDIOS L. MAXINO, PROVINCIAL SHERIFF OF NEGROS ORIENTAL AND DUMAGUETE RURAL BANK, INC., RESPONDENTS. [G.R. NO. 171991] DUMAGUETE RURAL BANK, INC. (DRBI) HEREIN REPRESENTED BY MR. WILLIAM D.S. DICHOSO, PETITIONERS, VS. SPOUSES ZOSIMO DY, SR. AND NATIVIDAD CHIU DY, SPOUSES MARCELINO MAXINO AND REMEDIOS MAXINO, AND SPOUSES FRANCISCO D. YAP AND WHELMA S. YAP, RESPONDENTS.

  • [G.R. No. 172506 : July 27, 2011] JERRY MAPILI, PETITIONER, VS. PHILIPPINE RABBIT BUS LINES, INC./NATIVIDAD NISCE, RESPONDENTS.

  • [G.R. No. 182042 : July 27, 2011] THUNDER SECURITY AND INVESTIGATION AGENCY/ LOURDES M. LASALA, PETITIONER, VS. NATIONAL FOOD AUTHORITY (REGION I) AND NFA REGIONAL BIDS AND AWARDS COMMITTEE (REGION I), RESPONDENTS.

  • [A.M. No. RTJ-07-2060 (Formerly OCA IPI No. 06-2498- RTJ) : July 27, 2011] NATIONAL POWER CORPORATION, REPRESENTED BY ITS PRESIDENT CYRIL DEL CALLAR, COMPLAINANT, VS. JUDGE SANTOS B. ADIONG, RTC, BRANCH 8, MARAWI CITY, RESPONDENT.

  • [G.R. No. 180390 : July 27, 2011] PRUDENTIAL BANK, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 168105 : July 27, 2011] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. SEVERINO LISTANA, RESPONDENT.

  • [G.R. No. 156686 : July 27, 2011] NEW SUN VALLEY HOMEOWNERS' ASSOCIATION, INC., PETITIONER, VS. SANGGUNIANG BARANGAY, BARANGAY SUN VALLEY, PARAÑAQUE CITY, ROBERTO GUEVARRA IN HIS CAPACITY AS PUNONG BARANGAY AND MEMBERS OF THE SANGGUNIANG BARANGAY, RESPONDENTS.

  • [G.R. No. 182551 : July 27, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSENDO REBUCAN Y LAMSIN, ACCUSED-APPELLANT.

  • [G.R. No. 153809 : July 27, 2011] ELOISA L. TOLENTINO, PETITIONER, VS. ATTY. ROY M. LOYOLA, MUNICIPAL MAYOR, DOMINGO C. FLORES, MUNICIPAL BUDGET OFFICER, ALICIA L. OLIMPO, MUNICIPAL TREASURER, ANNALIZA L. BARABAT, MUNICIPAL ACCOUNTANT, AMADOR B. ALUNIA, MUNICIPAL ADMINISTRATOR, NENITA L. ERNACIO, MUNICIPAL AGRICULTURIST, AMELIA C. SAMSON, HUMAN RESOURCE OFFICER IV, EDWIN E. TOLENTINO, COMMUNITY AFFAIRS OFFICER IV, DOMINGO R. TENEDERO AND ROEL Z. MANARIN, SANGGUNIANG BAYAN (SB) MEMBERS, ALL FROM CARMONA, CAVITE, RESPONDENTS.

  • [A.M. No. RTJ-11-2285 (Formerly OCA I.P.I. No. 10-3472-RTJ : July 27, 2011] MAYOR MACARIO T. HUMOL, COMPLAINANT, VS. JUDGE HILARION P. CLAPIS, JR., REGIONAL TRIAL COURT, BRANCH 3, 11th JUDICIAL REGION, NABUNTURAN, COMPOSTELA VALLEY PROVINCE, RESPONDENT.

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    [G.R. No. 193723 : July 20, 2011]   GENERAL MILLING CORPORATION, PETITIONER, VS. SPS. LIBRADO RAMOS AND REMEDIOS RAMOS, RESPONDENTS.

     
    THIRD DIVISION

    [G.R. No. 193723 : July 20, 2011]

    GENERAL MILLING CORPORATION, PETITIONER, VS. SPS. LIBRADO RAMOS AND REMEDIOS RAMOS, RESPONDENTS.

    D E C I S I O N


    VELASCO JR., J.:

    The Case

    This is a petition for review of the April 15, 2010 Decision of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 85400 entitled Spouses Librado Ramos & Remedios Ramos v. General Milling Corporation, et al., which affirmed the May 31, 2005 Decision of the Regional Trial Court (RTC), Branch 12 in Lipa City, in Civil Case No. 00-0129 for Annulment and/or Declaration of Nullity of Extrajudicial Foreclosure Sale with Damages.

    The Facts

    On August 24, 1989, General Milling Corporation (GMC) entered into a Growers Contract with spouses Librado and Remedios Ramos (Spouses Ramos). Under the contract, GMC was to supply broiler chickens for the spouses to raise on their land in Barangay Banaybanay, Lipa City, Batangas. [1] To guarantee full compliance, the Growers Contract was accompanied by a Deed of Real Estate Mortgage over a piece of real property upon which their conjugal home was built. The spouses further agreed to put up a surety bond at the rate of PhP 20,000 per 1,000 chicks delivered by GMC. The Deed of Real Estate Mortgage extended to Spouses Ramos a maximum credit line of PhP 215,000 payable within an indefinite period with an interest of twelve percent (12%) per annum. [2]

    The Deed of Real Estate Mortgage contained the following provision:

    WHEREAS, the MORTGAGOR/S has/have agreed to guarantee and secure the full and faithful compliance of [MORTGAGORS'] obligation/s with the MORTGAGEE by a First Real Estate Mortgage in favor of the MORTGAGEE, over a 1 parcel of land and the improvements existing thereon, situated in the Barrio/s of ­Banaybanay, Municipality of Lipa City, Province of Batangas, Philippines, his/her/their title/s thereto being evidenced by Transfer Certificate/s No./s T-9214 of the Registry of Deeds for the Province of Batangas in the amount of TWO HUNDRED FIFTEEN THOUSAND (P 215,000.00), Philippine Currency, which the maximum credit line payable within a x x x day term and to secure the payment of the same plus interest of twelve percent (12%) per annum.

    Spouses Ramos eventually were unable to settle their account with GMC. They alleged that they suffered business losses because of the negligence of GMC and its violation of the Growers Contract. [3]

    On March 31, 1997, the counsel for GMC notified Spouses Ramos that GMC would institute foreclosure proceedings on their mortgaged property. [4]

    On May 7, 1997, GMC filed a Petition for Extrajudicial Foreclosure of Mortgage. On June 10, 1997, the property subject of the foreclosure was subsequently sold by public auction to GMC after the required posting and publication. [5] It was foreclosed for PhP 935,882,075, an amount representing the losses on chicks and feeds exclusive of interest at 12% per annum and attorney's fees. [6]  To complicate matters, on October 27, 1997, GMC informed the spouses that its Agribusiness Division had closed its business and poultry operations. [7]

    On March 3, 2000, Spouses Ramos filed a Complaint for Annulment and/or Declaration of Nullity of the Extrajudicial Foreclosure Sale with Damages. They contended that the extrajudicial foreclosure sale on June 10, 1997 was null and void, since there was no compliance with the requirements of posting and publication of notices under Act No. 3135, as amended, or An Act to Regulate the Sale of Property under Special Powers Inserted in or Annexed to Real Estate Mortgages. They likewise claimed that there was no sheriff's affidavit to prove compliance with the requirements on posting and publication of notices.  It was further alleged that the Deed of Real Estate Mortgage had no fixed term.  A prayer for moral and exemplary damages and attorney's fees was also included in the complaint. [8]  Librado Ramos alleged that, when the property was foreclosed, GMC did not notify him at all of the foreclosure. [9]

    During the trial, the parties agreed to limit the issues to the following: (1) the validity of the Deed of Real Estate Mortgage; (2) the validity of the extrajudicial foreclosure; and (3) the party liable for damages. [10]

    In its Answer, GMC argued that it repeatedly reminded Spouses Ramos of their liabilities under the Growers Contract. It argued that it was compelled to foreclose the mortgage because of Spouses Ramos' failure to pay their obligation. GMC insisted that it had observed all the requirements of posting and publication of notices under Act No. 3135. [11]

    The Ruling of the Trial Court

    Holding in favor of Spouses Ramos, the trial court ruled that the Deed of Real Estate Mortgage was valid even if its term was not fixed. Since the duration of the term was made to depend exclusively upon the will of the debtors-spouses, the trial court cited jurisprudence and said that "the obligation is not due and payable until an action is commenced by the mortgagee against the mortgagor for the purpose of having the court fix the date on and after which the instrument is payable and the date of maturity is fixed in pursuance thereto." [12]

    The trial court held that the action of GMC in moving for the foreclosure of the spouses' properties was premature, because the latter's obligation under their contract was not yet due.

    The trial court awarded attorney's fees because of the premature action taken by GMC in filing extrajudicial foreclosure proceedings before the obligation of the spouses became due.

    The RTC ruled, thus:

    WHEREFORE, premises considered, judgment is rendered as follows:

    1. The Extra-Judicial Foreclosure Proceedings under docket no. 0107-97 is hereby declared null and void;

    2. The Deed of Real Estate Mortgage is hereby declared valid and legal for all intents and puposes;

    3. Defendant-corporation General Milling Corporation is ordered to pay Spouses Librado and Remedios Ramos attorney's fees in the total amount of P 57,000.00 representing acceptance fee of P30,000.00 and P3,000.00 appearance fee for nine (9) trial dates or a total appearance fee of P 27,000.00;

    4. The claims for moral and exemplary damages are denied for lack of merit.

    IT IS SO ORDERED. [13]

    The Ruling of the Appellate Court

    On appeal, GMC argued that the trial court erred in: (1) declaring the extrajudicial foreclosure proceedings null and void; (2) ordering GMC to pay Spouses Ramos attorney's fees; and (3) not awarding damages in favor of GMC.

    The CA sustained the decision of the trial court but anchored its ruling on a different ground. Contrary to the findings of the trial court, the CA ruled that the requirements of posting and publication of notices under Act No. 3135 were complied with. The CA, however, still found that GMC's action against Spouses Ramos was premature, as they were not in default when the action was filed on May 7, 1997. [14]

    The CA ruled:

    In this case, a careful scrutiny of the evidence on record shows that defendant-appellant GMC made no demand to spouses Ramos for the full payment of their obligation. While it was alleged in the Answer as well as in the Affidavit constituting the direct testimony of Joseph Dominise, the principal witness of defendant-appellant GMC, that demands were sent to spouses Ramos, the documentary evidence proves otherwise. A perusal of the letters presented and offered as evidence by defendant-appellant GMC did not "demand" but only request spouses Ramos to go to the office of GMC to "discuss" the settlement of their account. [15]

    According to the CA, however, the RTC erroneously awarded attorney's fees to Spouses Ramos, since the presumption of good faith on the part of GMC was not overturned.

    The CA disposed of the case as follows:

    WHEREFORE, and in view of the foregoing considerations, the Decision of the Regional Trial Court of Lipa City, Branch 12, dated May 21, 2005 is hereby AFFIRMED with MODIFICATION by deleting the award of attorney's fees to plaintiffs-appellees spouses Librado Ramos and Remedios Ramos. [16]

    Hence, We have this appeal.

    The Issues

    1. WHETHER [THE CA] MAY CONSIDER ISSUES NOT ALLEGED AND DISCUSSED IN THE LOWER COURT AND LIKEWISE NOT RAISED BY THE PARTIES ON APPEAL, THEREFORE HAD DECIDED THE CASE NOT IN ACCORD WITH LAW AND APPLICABLE DECISIONS OF THE SUPREME COURT.

    2. WHETHER [THE CA] ERRED IN RULING THAT PETITIONER GMC MADE NO DEMAND TO RESPONDENT SPOUSES FOR THE FULL PAYMENT OF THEIR OBLIGATION CONSIDERING THAT THE LETTER DATED MARCH 31, 1997 OF PETITIONER GMC TO RESPONDENT SPOUSES IS TANTAMOUNT TO A FINAL DEMAND TO PAY, THEREFORE IT DEPARTED FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS. [17]

    The Ruling of this Court

    Can the CA consider matters not alleged?

    GMC asserts that since the issue on the existence of the demand letter was not raised in the trial court, the CA, by considering such issue, violated the basic requirements of fair play, justice, and due process. [18]

    In their Comment, [19]  respondents-spouses aver that the CA has ample authority to rule on matters not assigned as errors on appeal if these are indispensable or necessary to the just resolution of the pleaded issues.

    In Diamonon v. Department of Labor and Employment, [20] We explained that an appellate court has a broad discretionary power in waiving the lack of assignment of errors in the following instances:

    (a) Grounds not assigned as errors but affecting the jurisdiction of the court over the subject matter;

    (b) Matters not assigned as errors on appeal but are evidently plain or clerical errors within contemplation of law;

    (c) Matters not assigned as errors on appeal but consideration of which is necessary in arriving at a just decision and complete resolution of the case or to serve the interests of a justice or to avoid dispensing piecemeal justice;

    (d) Matters not specifically assigned as errors on appeal but raised in the trial court and are matters of record having some bearing on the issue submitted which the parties failed to raise or which the lower court ignored;

    (e) Matters not assigned as errors on appeal but closely related to an error assigned;

    (f) Matters not assigned as errors on appeal but upon which the determination of a question properly assigned, is dependent.

    Paragraph (c) above applies to the instant case, for there would be a just and complete resolution of the appeal if there is a ruling on whether the Spouses Ramos were actually in default of their obligation to GMC.

    Was there sufficient demand?

    We now go to the second issue raised by GMC.  GMC asserts error on the part of the CA in finding that no demand was made on Spouses Ramos to pay their obligation. On the contrary, it claims that its March 31, 1997 letter is akin to a demand.

    We disagree.

    There are three requisites necessary for a finding of default. First, the obligation is demandable and liquidated; second, the debtor delays performance; and third, the creditor judicially or extrajudicially requires the debtor's performance. [21]

    According to the CA, GMC did not make a demand on Spouses Ramos but merely requested them to go to GMC's office to discuss the settlement of their account. In spite of the lack of demand made on the spouses, however, GMC proceeded with the foreclosure proceedings. Neither was there any provision in the Deed of Real Estate Mortgage allowing GMC to extrajudicially foreclose the mortgage without need of demand.

    Indeed, Article 1169 of the Civil Code on delay requires the following:

    Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfilment of their obligation.

    However, the demand by the creditor shall not be necessary in order that delay may exist:

    (1) When the obligation or the law expressly so declares; x x x

    As the contract in the instant case carries no such provision on demand not being necessary for delay to exist, We  agree with the appellate court that GMC should have first made a demand on the spouses before proceeding to foreclose the real estate mortgage.

      Development Bank of the Philippines v. Licuanan finds application to the instant case:

    The issue of whether demand was made before the foreclosure was effected is essential. If demand was made and duly received by the respondents and the latter still did not pay, then they were already in default and foreclosure was proper.  However, if demand was not made, then the loans had not yet become due and demandable. This meant that respondents had not defaulted in their payments and the foreclosure by petitioner was premature. Foreclosure is valid only when the debtor is in default in the payment of his obligation. [22]

    In turn, whether or not demand was made is a question of fact. [23] This petition filed under Rule 45 of the Rules of Court shall raise only questions of law. For a question to be one of law, it must not involve an examination of the probative value of the evidence presented by the litigants or any of them. The resolution of the issue must rest solely on what the law provides on the given set of circumstances. Once it is clear that the issue invites a review of the evidence presented, the question posed is one of fact. [24] It need not be reiterated that this Court is not a trier of facts. [25] We will defer to the factual findings of the trial court, because petitioner GMC has not shown any circumstances making this case an exception to the rule.

    WHEREFORE, the petition is DENIED. The CA Decision in CA-G.R. CR-H.C. No. 85400 is AFFIRMED.

    SO ORDERED.

    Carpio,* Leonardo-De Castro,** Abad, and Mendoza, JJ., concur.

    Endnotes:


    * Additional member per Special Order No. 1042 dated July 6, 2011.

    ** Additional member per raffle dated July 13, 2011.

    [1] Rollo, p. 37.

    [2] Id. at 13.

    [3] Id. at 113.

    [4] Id. at 37.

    [5] Id.

    [6] Id. at 117.

    [7] Id. at 114.

    [8] Id. at 37-38.

    [9] Id. at 117.

    [10] Id. at 115.

    [11] Id. at 38.

    [12] Id. at 123. (Citation omitted.)

    [13] Id. at 127. Penned by Judge Vicente F. Landicho.

    [14] Id. at 40-41.

    [15] Id. at 41.

    [16] Id. at 36-44. Penned by Associate Justice Priscilla J. Baltazar-Padilla and concurred in by Associate Justices Fernanda Lampas Peralta and Manuel B. Barrios.

    [17] Id. at 18.

    [18] Id. at 19.

    [19] Id. at 194-199.

    [20] G.R. No. 108951, March 7, 2000, 327 SCRA 283, 288-289. See also Kulas Ideas & Creations v. Alcoseba, G.R. No. 180123, February 18, 2010, 613 SCRA 217, 231.

    [21]  Selegna Management and Development Corporation v. United Coconut Planters Bank, G.R. No. 165662, May 3, 2006, 489 SCRA 125, 138.

    [22] G.R. No. 150097, February 26, 2007, 516 SCRA 644, 650. (Emphasis supplied.)

    [23] Id.

    [24] Tirazona v. Court of Appeals, G.R. No. 169712, March 14, 2008, 548 SCRA 560, 581.

    [25] Heirs of Completo & Abiad v. Sgt. Albayda, G.R. No. 172200, July 6, 2010, 624 SCRA 97, 110.

    [G.R. No. 193723 : July 20, 2011]   GENERAL MILLING CORPORATION, PETITIONER, VS. SPS. LIBRADO RAMOS AND REMEDIOS RAMOS, RESPONDENTS.


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