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June-2011 Jurisprudence                 

  • [G.R. No. 179558, June 01 : 2011] ASIATRUST DEVELOPMENT BANK, PETITIONER, VS. FIRST AIKKA DEVELOPMENT, INC. AND UNIVAC DEVELOPMENT, INC., RESPONDENTS.

  • [G.R. Nos. 169359-61, June 01 : 2011] MARCELO G. GANADEN, OSCAR B. MINA, JOSE M. BAUTISTA AND ERNESTO H. NARCISO, JR. PETITIONERS, VS. HONORABLE OFFICE OF THE OMBUDSMAN AND ROBERT K. HUMIWAT, RESPONDENTS.

  • [G.R. No. 169191, June 01 : 2011] ROMEO VILLARUEL, PETITIONER, VS. YEO HAN GUAN, DOING BUSINESS UNDER THE NAME AND STYLE YUHANS ENTERPRISES, RESPONDENT.

  • MEGAN SUGAR CORPORATION, PETITIONER, VS. REGIONAL TRIAL COURT OF ILOILO, BRANCH 68, DUMANGAS, ILOILO; NEW FRONTIER SUGAR CORPORATION AND EQUITABLE PCI BANK, RESPONDENTS.

  • [G.R. No. 186243, June 01 : 2011] HACIENDA PRIMERA DEVELOPMENT CORPORATION and ANNA KATRINA E. HERNANDEZ, Petitioners, vs. MICHAEL S. VILLEGAS, Respondent.

  • [G.R. No. 186243, June 01 : 2011] HACIENDA PRIMERA DEVELOPMENT CORPORATION and ANNA KATRINA E. HERNANDEZ, Petitioners, vs. MICHAEL S. VILLEGAS, Respondent.

  • [G.R. No. 185230, June 01 : 2011] JOSEPH C. CEREZO,PETITIONER, VS. PEOPLE OF THE PHILIPPINES, JULIET YANEZA, PABLO ABUNDA, JR., AND VICENTE AFULUGENCIA, RESPONDENTS.

  • [G.R. Nos. 170500 & 170510-11, June 01 : 2011] MARCELO G. GANADEN, OSCAR B. MINA, JOSE M. BAUTISTA AND ERNESTO H. NARCISO, JR., PETITIONERS, VS. THE HONORABLE COURT OF APPEALS, NATIONAL TRANSMISSION COMMISSION (TRANSCO), ALIPIO NOOL, FERMIN P. LANAG, SR., EUSEBIO B. COLLADO, JOSE S. TEJANO, NECIMIO A. ABUZO, ELISEO P. MARTINEZ AND PERFECTO LAZARO, RESPONDENTS.

  • [G.R. No. 188064, June 01 : 2011] MILA A. REYES , PETITIONER, VS. VICTORIA T. TUPARAN, RESPONDENT.

  • [G.R. No. 186465, June 01 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LORIE VILLAHERMOSA Y LECO, ACCUSED-APPELLANT.

  • [G.R. No. 185917, June 01 : 2011] FREDCO MANUFACTURING CORPORATION, PETITIONER, VS. PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD UNIVERSITY), RESPONDENTS.

  • [G.R. No. 180683, June 01 : 2011] AURORA L. TECSON, SPOUSES JOSE L. TECSON AND LEONILA TECSON, PETITIONERS, VS. MINERVA, MARIA, FRANCISCO, AGUSTINA, JOSE, ROMUALDO, ELIZABETH AND VICTOR, ALL SURNAMED FAUSTO, AND ISABEL VDA. DE FAUSTO, RESPONDENTS.

  • [G.R. No. 167050, June 01 : 2011] SOCIAL SECURITY COMMISSION, PETITIONER, VS. RIZAL POULTRY AND LIVESTOCK ASSOCIATION, INC., BSD AGRO INDUSTRIAL DEVELOPMENT CORPORATION AND BENJAMIN SAN DIEGO, RESPONDENTS.

  • [G.R. No. 161651, June 01 : 2011] ELVIRA LATEO Y ELEAZAR, FRANCISCO ELCA Y ARCAS, AND BARTOLOME BALDEMOR Y MADRIGAL, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 194379, June 01 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FELICIANO "SAYSOT" CIAS, ACCUSED-APPELLANT.

  • [G.R. No. 173198, June 01 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DOLORES OCDEN, ACCUSED-APPELLANT.

  • [G.R. No. 178925, June 01 : 2011] MANUEL YBIERNAS, VICENTE YBIERNAS, MARIA CORAZON ANGELES, VIOLETA YBIERNAS, AND VALENTIN YBIERNAS, PETITIONERS, VS. ESTER TANCO-GABALDON, MANILA BAY SPINNING MILLS, INC., AND THE SHERIFF OF THE REGIONAL TRIAL COURT OF PASIG CITY, BRANCH 163, RESPONDENTS.

  • [G.R. No. 179675, June 01 : 2011] SPOUSES JUANITO MAHUSAY AND FRANCISCA MAHUSAY,PETITIONERS, VS. B.E. SAN DIEGO, INC., RESPONDENT.

  • [G.R. No. 154704, June 01 : 2011] NELLIE VDA. DE FORMOSO AND HER CHILDREN, NAMELY, MA. THERESA FORMOSO-PESCADOR, ROGER FORMOSO, MARY JANE FORMOSO, BERNARD FORMOSO AND PRIMITIVO MALCABA, PETITIONERS, VS. PHILIPPINE NATIONAL BANK, FRANCISCO ARCE, ATTY. BENJAMIN BARBERO, AND ROBERTO NAVARRO, RESPONDENTS.

  • [G.R. No. 193902, June 01 : 2011] ATTY. MARIETTA D. ZAMORANOS, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND SAMSON R. PACASUM, SR., RESPONDENTS. [G.R. NO. 193908] ATTY. MARIETTA D. ZAMORANOS, PETITIONER, VS. SAMSON R. PACASUM, SR., RESPONDENT. [G.R. NO. 194075] SAMSON R. PACASUM, SR., PETITIONER, VS. ATTY. MARIETTA D. ZAMORANOS, RESPONDENT.

  • [G.R. No. 191618, June 01 : 2011] ATTY. ROMULO B. MACALINTAL, PETITIONER, VS. PRESIDENTIAL ELECTORAL TRIBUNAL, RESPONDENT.

  • [G.R. No. 170251, June 01 : 2011] CELIA S. VDA. DE HERRERA, PETITIONER, VS. EMELITA BERNARDO, EVELYN BERNARDO AS GUARDIAN OF ERLYN, CRISLYN AND CRISANTO BERNARDO,* RESPONDENTS.

  • [G.R. No. 127851, June 02 : 2011] CORONA INTERNATIONAL, INC., PETITIONER, VS. THE COURT OF APPEALS AND THE PHILIPPINE COCONUT AUTHORITY, RESPONDENTS.

  • [G.R. Nos. 178701 and 178754, June 06 : 2011] ZAFIRO L. RESPICIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 185211, June 06 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ARNEL BENTACAN NAVARRETE, APPELLANT.

  • [G.R. No. 190107, June 06 : 2011] JAPRL DEVELOPMENT CORP., PETER RAFAEL C. LIMSON AND JOSE UY AROLLADO, PETITIONERS, VS. SECURITY BANK CORPORATION, RESPONDENT.

  • [G.R. No. 168382, June 06 : 2011] AIRLINE PILOTS ASSOCIATION OF THE PHILIPPINES, PETITIONER, VS. PHILIPPINE AIRLINES, INC., RESPONDENT.

  • [G.R. No. 190515, June 06 : 2011] CIRTEK EMPLOYEES LABOR UNION-FEDERATION OF FREE WORKERS PETITIONER, VS. CIRTEK ELECTRONICS, INC., RESPONDENT.

  • [G.R. No. 160506, June 06 : 2011] JOEB M. ALIVIADO, ARTHUR CORPUZ, ERIC ALIVIADO, MONCHITO AMPELOQUIO, ABRAHAM BASMAYOR, JONATHAN MATEO, LORENZO PLATON, JOSE FERNANDO GUTIERREZ, ESTANISLAO BUENAVENTURA, LOPE SALONGA, FRANZ DAVID, NESTOR IGNACIO, JULIO REY, RUBEN MARQUEZ, JR., MAXIMINO PASCUAL, ERNESTO CALANAO, ROLANDO ROMASANTA, RHUEL AGOO, BONIFACIO ORTEGA, ARSENIO SORIANO, JR., ARNEL ENDAYA, ROBERTO ENRIQUEZ, NESTOR BAQUILA, EDGARDO QUIAMBAO, SANTOS BACALSO, SAMSON BASCO, ALADINO GREGORO, JR., EDWIN GARCIA, ARMANDO VILLAR, EMIL TAWAT, MARIO P. LIONGSON, CRESENTE J. GARCIA, FERNANDO MACABENTE, MELECIO CASAPAO, REYNALDO JACABAN, FERDINAND SALVO, ALSTANDO MONTOS, RAINER N. SALVADOR, RAMIL REYES, PEDRO G. ROY, LEONARDO P. TALLEDO, ENRIQUE F. TALLEDO, WILLIE ORTIZ, ERNESTO SOYOSA, ROMEO VASQUEZ, JOEL BILLONES, ALLAN BALTAZAR, NOLI GABUYO, EMMANUEL E. LABAN, RAMIR E. PIAT, RAUL DULAY, TADEO DURAN, JOSEPH BANICO, ALBERT LEYNES, ANTONIO DACUNA, RENATO DELA CRUZ, ROMEO VIERNES, JR., ELAIS BASEO, WILFREDO TORRES, MELCHOR CARDANO, MARIANO NARANIAN, JOHN SUMERGIDO, ROBERTO ROSALES, GERRY C. GATPO, GERMAN N. GUEVARRA, GILBERT Y. MIRANDA, RODOLFO C. TOLEDO, ARNOLD D. LASTONA, PHILIP M. LOZA, MARIO N. CULDAYON, ORLANDO P. JIMENEZ, FRED P. JIMENEZ, RESTITUTO C. PAMINTUAN, JR., ROLANDO J. DE ANDRES, ARTUZ BUSTENERA, ROBERTO B. CRUZ, ROSEDY O. YORDAN, DENNIS DACASIN, ALEJANDRINO ABATON, AND ORLANDO S. BALANGUE, PETITIONERS, VS. PROCTER & GAMBLE PHILS., INC., AND PROMM-GEM INC., RESPONDENTS.

  • [G.R. No. 165279, June 07 : 2011] DR. RUBI LI, PETITIONER, VS. SPOUSES REYNALDO AND LINA SOLIMAN, AS PARENTS/HEIRS OF DECEASED ANGELICA SOLIMAN, RESPONDENTS.

  • [A.M. No. 10-10-4-SC, June 07 : 2011] RE: LETTER OF THE UP LAW FACULTY ENTITLED RESTORING INTEGRITY: A STATEMENT BY THE FACULTY OF THE UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW ON THE ALLEGATIONS OF PLAGIARISM AND MISREPRESENTATION IN THE SUPREME COURT

  • [G.R. No. 190259, June 07 : 2011] DATU ZALDY UY AMPATUAN, ANSARUDDIN ADIONG, REGIE SAHALI-GENERALE PETITIONERS, VS. HON. RONALDO PUNO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT AND ALTER-EGO OF PRESIDENT GLORIA MACAPAGAL-ARROYO, AND ANYONE ACTING IN HIS STEAD AND ON BEHALF OF THE PRESIDENT OF THE PHILIPPINES, ARMED FORCES OF THE PHILIPPINES (AFP), OR ANY OF THEIR UNITS OPERATING IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM), AND PHILIPPINE NATIONAL POLICE, OR ANY OF THEIR UNITS OPERATING IN ARMM, RESPONDENTS.

  • [G.R. No. 177130, June 07 : 2011] HON. EDUARDO ERMITA IN HIS OFFICIAL CAPACITY AS THE EXECUTIVE SECRETARY, PETITIONER, VS. HON. JENNY LIND R. ALDECOA-DELORINO, PRESIDING JUDGE, BRANCH 137, REGIONAL TRIAL COURT, MAKATI CITY, ASSOCIATION OF PETROCHEMICAL MANUFACTURERS OF THE PHILIPPINES, REPRESENTING JG SUMMIT PETROCHEMICAL CORPORATION, ET AL., RESPONDENTS.

  • [A.M. No. P-10-2835 (Formerly A.M. OCA IPI No. 08-2901-P), June 08 : 2011] DEVELOPMENT BANK OF THE PHILIPPINES, REPRESENTED BY ATTY. BENILDA A. TEJADA, CHIEF LEGAL COUNSEL, COMPLAINANT, VS. CLERK OF COURT VII ATTY. JEOFFREY S. JOAQUINO, OFFICE OF THE CLERK OF COURT, AND SHERIFF IV CONSTANCIO V. ALIMURUNG, BRANCH 18, BOTH OF THE REGIONAL TRIAL COURT, CEBU CITY,RESPONDENTS.

  • [G.R. No. 192465, June 08 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ANGELITO ESQUIBEL Y JESUS, APPELLANT.

  • [G.R. No. 170575, June 08 : 2011] SPOUSES MANUEL AND FLORENTINA DEL ROSARIO, PETITIONERS, VS. GERRY ROXAS FOUNDATION, INC., RESPONDENT.

  • [G.R. No. 185717, June 08 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GARRY DE LA CRUZ Y DELA CRUZ, ACCUSED-APPELLANT.

  • [G.R. No. 179673, June 08 : 2011] NATIVIDAD STA. ANA VICTORIA, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 171972, June 08 : 2011] LUCIA RODRIGUEZ AND PRUDENCIA RODRIGUEZ, PETITIONERS, VS. TERESITA V. SALVADOR, RESPONDENT.

  • [G.R. No. 178409, June 08 : 2011] YOLITO FADRIQUELAN, ARTURO EGUNA, ARMANDO MALALUAN, DANILO ALONSO, ROMULO DIMAANO, ROEL MAYUGA, WILFREDO RIZALDO, ROMEO SUICO, DOMINGO ESCAMILLAS AND DOMINGO BAUTRO, PETITIONERS, VS. MONTEREY FOODS CORPORATION, RESPONDENT. [G.R. NO. 178434] MONTEREY FOODS CORPORATION, PETITIONER, VS. BUKLURAN NG MGA MANGGAGAWA SA MONTEREY-ILAW AT BUKLOD NG MANGGAGAWA, YOLITO FADRIQUELAN, CARLITO ABACAN, ARTURO EGUNA, DANILO ROLLE, ALBERTO CASTILLO, ARMANDO MALALUAN, DANILO ALFONSO, RUBEN ALVAREZ, ROMULO DIMAANO, ROEL MAYUGA, JUANITO TENORIO, WILFREDO RIZALDO, JOHN ASOTIGUE, NEMESIO AGTAY, ROMEO SUICO, DOMINGO ESCAMILLAS AND DOMINGO BAUTRO, RESPONDENTS.

  • [G.R. No. 170146, June 08 : 2011] HON. WALDO Q. FLORES, IN HIS CAPACITY AS SENIOR DEPUTY EXECUTIVE SECRETARY IN THE OFFICE OF THE PRESIDENT, HON. ARTHUR P. AUTEA, IN HIS CAPACITY AS DEPUTY EXECUTIVE SECRETARY IN THE OFFICE OF THE PRESIDENT, AND THE PRESIDENTIAL ANTI-GRAFT COMMISSION (PAGC), PETITIONERS, VS. ATTY. ANTONIO F. MONTEMAYOR, RESPONDENT.

  • [G.R. No. 175834, June 08 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROSAURO ASETRE Y DURAN, APPELLANT.

  • [G.R. No. 169913, June 08 : 2011] HEIRS OF DR. JOSE DELESTE, NAMELY: JOSEFA DELESTE, JOSE RAY DELESTE, RAUL HECTOR DELESTE, AND RUBEN ALEX DELESTE, PETITIONERS, VS. LAND BANK OF THE PHILIPPINES (LBP), AS REPRESENTED BY ITS MANAGER, LAND VALUATION OFFICE OF LBP COTABATO CITY; THE REGIONAL DIRECTOR - REGION 12 OF COTABATO CITY, THE SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM; THE REGIONAL DIRECTOR OF REGION X - CAGAYAN DE ORO CITY, REPRESENTED BY MCMILLAN LUCMAN, IN HIS CAPACITY AS PROVINCIAL AGRARIAN REFORM OFFICER (PARO) OF DAR LANAO DEL NORTE; LIZA BALBERONA, IN HER CAPACITY AS DAR MUNICIPAL AGRARIAN REFORM OFFICER (MARO); REYNALDO BAGUIO, IN HIS CAPACITY AS THE REGISTER OF DEEDS OF ILIGAN CITY AS NOMINAL PARTY; THE EMANCIPATION PATENT HOLDERS: FELIPE D. MANREAL, CUSTUDIO M. RICO, HEIRS OF DOMINGO V. RICO, HEIRS OF ABDON T. MANREAL, MACARIO M. VELORIA, ALICIA B. MANREAL, PABLO RICO, SALVACION MANREAL, HEIRS OF TRANQUILIANA MANREAL, HEIRS OF ANGELA VELORIA, HEIRS OF NECIFURO CABALUNA, HEIRS OF CLEMENTE RICO, HEIRS OF MANTILLANO OBISO, HEIRS OF HERCULANO BALORIO, AND TITO BALER, RESPONDENTS.

  • [G.R. No. 183849, June 11 : 2011] DOMINGO M. ULEP, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A.M. No. 10-11-5-SC, June 14 : 2011] RE: PETITION FOR RADIO AND TELEVISION COVERAGE OF THE MULTIPLE MURDER CASES AGAINST MAGUINDANAO GOVERNOR ZALDY AMPATUAN, ET AL., [A.M. No. 10-11-6-SC ] RE: PETITION FOR THE CONSTITUTION OF THE PRESENT COURT HANDLING THE TRIAL OF THE MASSACRE OF 57 PERSONS, INCLUDING 32 JOURNALISTS, IN AMPATUAN, MAGUINDANAO INTO A SPECIAL COURT HANDLING THIS CASE ALONE FOR THE PURPOSE OF ACHIEVING GENUINE SPEEDY TRIAL and FOR THE SETTING UP OF VIDEOCAM AND MONITOR JUST OUTSIDE THE COURT FOR JOURNALISTS TO COVER AND FOR THE PEOPLE TO WITNESS THE "TRIAL OF THE DECADE" TO MAKE IT TRULY PUBLIC AND IMPARTIAL AS COMMANDED BY THE CONSTITUTION, A.M. No. 10-11-7-SC RE: LETTER OF PRESIDENT BENIGNO S. AQUINO III FOR THE LIVE MEDIA COVERAGE OF THE MAGUINDANAO MASSACRE TRIAL.

  • [G.R. No. 189314, June 15 : 2011] MIGUEL DELA BARAIRO, PENA PETITIONER, VS. OFFICE OF THE PRESIDENT AND MST MARINE SERVICES (PHILS,), INC.

  • [A.M. No. RTJ-10-2246 (formerly A.M. OCA I.P.I. No. 09-3219-RTJ) : June 01, 2011] ATTY. RANDY P. BARENG, COMPLAINANT, VS. JUDGE ZENAIDA R. DAGUNA, REGIONAL TRIAL COURT, BRANCH 19, MANILA, RESPONDENT.

  • [A.M. No. P-10-2794 (formerly A.M. OCA I.P.I. No. 08-2937-P) : June 01, 2011] DANELLA G. SONIDO, COMPLAINANT, VS. JOSEFINA G. ILOCSO, CLERK III, REGIONAL TRIAL COURT, BRANCH 80, MORONG, RIZAL, RESPONDENT.

  • [A.M. No. SCC-11-16-P (formerly A.M. OCA I.P.I No. 10-33-SCC [P] : June 01, 2011] SULTAN PANDAGARANAO A. ILUPA, COMPLAINANT, VS. MACALINOG S. ABDULLAH, CLERK OF COURT II, SHARI’A CIRCUIT COURT, MARAWI CITY, RESPONDENT.

  • [A.M. No. P-11-2931 (formerly A.M. OCA IPI No. 08-2852-P) : June 01, 2011] JOHN A. MENDEZ, ANGELITO, CABALLERO AND IVY CABALLERO, COMPLAINANTS, VS. NERISSA A. BALBUENA, COURT INTERPRETER, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 7, CEBU CITY, RESPONDENT.

  • [G.R. No. 196919 : June 06, 2011] JOSE RAMILO O. REGALADO, PETITIONER, VS. CHAUCER B. REGALADO AND GERARD R. CUEVAS, RESPONDENTS.

  • [G.R. No. 155307 : June 06, 2011] M.A. JIMENEZ ENTERPRISES, INC., REPRESENTED BY CESAR CALIMLIM AND LAILA BALOIS, PETITIONER, VS. THE HONORABLE OMBUDSMAN, JESUS P. CAMMAYO, ARTURO SANTOS, MANUEL FACTORA, TEODORO BARROZO, MANUEL ROY, RONALD MANALILI AND JOHN ULASSUS, RESPONDENTS.

  • [G.R. No. 142676 : June 06, 2011] EMERITA MUĂ‘OZ, PETITIONER, VS. ATTY. VICTORIANO R. YABUT, JR. AND SAMUEL GO CHAN, RESPONDENTS. [G.R. NO. 146718] EMERITA MUĂ‘OZ, PETITIONER, VS. SPOUSES SAMUEL GO CHAN AND AIDA C. CHAN, AND THE BANK OF THE PHILIPPINE ISLANDS, RESPONDENTS.

  • [G.R. No. 164939 : June 06, 2011] SAMAHAN NG MGA MANGGAGAWA SA HYATT (SAMASAH-NUWHRAIN), PETITIONER, VS. HON. VOLUNTARY ARBITRATOR BUENAVENTURA C. MAGSALIN AND HOTEL ENTERPRISES OF THE PHILIPPINES, INC., RESPONDENTS. [G.R. NO. 172303] SAMAHAN NG MGA MANGGAGAWA SA HYATT (SAMASAH-NUWHRAIN), PETITIONER, VS. HOTEL ENTERPRISES OF THE PHILIPPINES, INC., RESPONDENT.

  • [G.R. No. 191266 : June 06, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DARIUS BAUTISTA Y ORSINO @ DADA, ACCUSED-APPELLANT.

  • [G.R. No. 164891 : June 06, 2011] VIRGINIA M. GUADINES, PETITIONER, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 168335 : June 06, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. NESTOR GALANG, RESPONDENT.

  • [G.R. No. 190710 : June 06, 2011] JESSE U. LUCAS, PETITIONER, VS. JESUS S. LUCAS, RESPONDENT.

  • [G.R. No. 188897 : June 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. IRENO BONAAGUA Y BERCE, APPELLANT.

  • [G.R. No. 165887 : June 06, 2011] MAJORITY STOCKHOLDERS OF RUBY INDUSTRIAL CORPORATION, PETITIONERS, VS. MIGUEL LIM, IN HIS PERSONAL CAPACITY AS STOCKHOLDER OF RUBY INDUSTRIAL CORPORATION AND REPRESENTING THE MINORITY STOCKHOLDERS OF RUBY INDUSTRIAL CORPORATION AND THE MANAGEMENT COMMITTEE OF RUBY INDUSTRIAL CORPORATION, RESPONDENTS. [G.R. NO. 165929 ] CHINA BANKING CORPORATION, PETITIONER, VS. MIGUEL LIM, IN HIS PERSONAL CAPACITY AS A STOCKHOLDER OF RUBY INDUSTRIAL CORPORATION AND REPRESENTING THE MINORITY STOCKHOLDERS OF RUBY INDUSTRIAL CORPORATION, RESPONDENTS.

  • [G.R. No. 182918 : June 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EFREN PATELAN LAMBERTE @ “KALBO” AND MARCELINO RUIZ NIMUAN @ “CELINE,” ACCUSED, MARCELINO RUIZ NIMUAN, APPELLANT.

  • [G.R. No. 175367 : June 06, 2011] DANILO A. AURELIO, PETITIONER, VS. VIDA MA. CORAZON P. AURELIO, RESPONDENT.

  • [G.R. No. 177131 : June 07, 2011] BOY SCOUTS OF THE PHILIPPINES, PETITIONER, VS. COMMISSION ON AUDIT, RESPONDENT.

  • [A.M. No. RTJ-07-2087 : June 07, 2011] (Formerly OCA I.P.I. No. 07-2621-RTJ) OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MA. ELLEN M. AGUILAR, REGIONAL TRIAL COURT, BRANCH 70, BURGOS, PANGASINAN, RESPONDENT.

  • [A.M. No. RTJ-07-2087 (Formerly OCA I.P.I. No. 07-2621-RTJ) : June 07, 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MA. ELLEN M. AGUILAR, REGIONAL TRIAL COURT, BRANCH 70, BURGOS, PANGASINAN, RESPONDENT.

  • [G.R. No. 182148 : June 08, 2011] SIME DARBY PILIPINAS, INC., PETITIONER, VS. GOODYEAR PHILIPPINES, INC. AND MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION, RESPONDENTS. [G.R. NO. 183210] GOODYEAR PHILIPPINES, INC., PETITIONER, VS. SIME DARBY PILIPINAS, INC. AND MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION, RESPONDENTS.

  • [G.R. No. 167391 : June 08, 2011] PHIL-VILLE DEVELOPMENT AND HOUSING CORPORATION, PETITIONER, VS. MAXIMO BONIFACIO, CEFERINO R. BONIFACIO, APOLONIO B. TAN, BENITA B. CAINA, CRISPINA B. PASCUAL, ROSALIA B. DE GRACIA, TERESITA S. DORONIA, CHRISTINA GOCO AND ARSENIO C. BONIFACIO, IN THEIR CAPACITY AS THE SURVIVING HEIRS OF THE LATE ELEUTERIA RIVERA VDA. DE BONIFACIO, RESPONDENTS.

  • [G.R. No. 178771 : June 08, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ALBERTO ANTICAMARA Y CABILLO AND FERNANDO CALAGUAS FERNANDEZ A.K.A. LANDO CALAGUAS, APPELLANTS.

  • [G.R. No. 177099 : June 08, 2011] EDUARDO G. AGTARAP, PETITIONER, VS. SEBASTIAN AGTARAP, JOSEPH AGTARAP, TERESA AGTARAP, WALTER DE SANTOS, AND ABELARDO DAGORO, RESPONDENTS. [G.R. NO. 177192] SEBASTIAN G. AGTARAP, PETITIONER, VS. EDUARDO G. AGTARAP, JOSEPH AGTARAP, TERESA AGTARAP, WALTER DE SANTOS, AND ABELARDO DAGORO, RESPONDENTS.

  • [G.R. No. 189206 : June 08, 2011] GOVERNMENT SERVICE INSURANCE SYSTEM, PETITIONER, VS. THE HONORABLE 15TH DIVISION OF THE COURT OF APPEALS AND INDUSTRIAL BANK OF KOREA, TONG YANG MERCHANT BANK, HANAREUM BANKING CORP., LAND BANK OF THE PHILIPPINES, WESTMONT BANK AND DOMSAT HOLDINGS, INC., RESPONDENTS.

  • [G.R. No. 186395 : June 08, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ITO PINIC, ACCUSED-APPELLANT.

  • [G.R. No. 167000 : June 08, 2011] GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), PETITIONER, VS. GROUP MANAGEMENT CORPORATION (GMC) AND LAPU-LAPU DEVELOPMENT & HOUSING CORPORATION (LLDHC), RESPONDENTS. [G.R. No. 169971] GROUP MANAGEMENT CORPORATION (GMC), PETITIONER, VS. LAPU-LAPU DEVELOPMENT & HOUSING CORPORATION (LLDHC) AND GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), RESPONDENTS.

  • [G.R. No. 182917 : June 08, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BENJAMIN PADILLA Y UNTALAN, ACCUSED-APPELLANT.

  • [A.M. No. P-06-2130 (formerly A.M. OCA I.P.I. NO. 04-1946-P) : June 13, 2011] SUSANA E. FLORES, COMPLAINANT, VS. ARIEL D. PASCASIO, SHERIFF III, MTCC, BRANCH 5, OLONGAPO CITY, RESPONDENT.

  • [A.M. No. P-09-2715 : June 13, 2011] (formerly A.M. OCA I.P.I. No. 02-1383-RTJ) Office of the Court Administrator, Complainant, Efren E. Tolosa, Sheriff IV, Regional Trial Court, Office of the Clerk of Court, Sorsogon City, Respondent.

  • [G. R. No. 165548 : June 13, 2011] PHILIPPINE REALTY AND HOLDINGS CORPORATION, PETITIONER, VS. LEY CONSTRUCTION AND DEVELOPMENT CORPORATION, RESPONDENT. [G. R. No. 167879] LEY CONSTRUCTION AND DEVELOPMENT CORPORATION, PETITIONER, VS. PHILIPPINE REALTY AND HOLDINGS CORPORATION, RESPONDENT.

  • [G. R. No. 191065 : June 13, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JONIE DOMINGUEZ, ACCUSED-APPELLANT.

  • [G.R. No. 164153 : June 13, 2011] JOHN ANTHONY B. ESPIRITU, FOR HIMSELF AND AS ATTORNEY-IN-FACT FOR WESTMONT INVESTMENT CORPORATION, STA. LUCIA REALTY AND DEVELOPMENT CORPORATION, GOLDEN ERA HOLDINGS, INC., AND EXCHANGE EQUITY CORPORATION, PETITIONERS, VS. MANUEL N. TANKIANSEE AND JUANITA U. TAN, RESPONDENTS.

  • [G.R. No. 187083 : June 13, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDUARDO DAHILIG Y AGARAN, ACCUSED-APPELLANT.

  • [G.R. No. 171628 : June 13, 2011] ARMANDO V. ALANO [DECEASED], SUBSTITUTED BY ELENA ALANO-TORRES,* PETITIONER, VS. PLANTER'S DEVELOPMENT BANK, AS SUCCESSOR-IN-INTEREST OF MAUNLAD SAVINGS AND LOAN ASSOCIATION, INC.,*** RESPONDENT.

  • [A.M. No. P-09-2715 (formerly A.M. OCA I.P.I. No. 02-1383-RTJ) : June 13, 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. EFREN E. TOLOSA, SHERIFF IV, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, SORSOGON CITY, RESPONDENT.

  • [G.R. No. 194836 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARNOLD CASTRO Y YANGA, ACCUSED-APPELLANT.

  • [G.R. No. 193840 : June 15, 2011] ALEXANDER S. GAISANO, PETITIONER, VS. BENJAMIN C. AKOL, RESPONDENT.

  • [G. R. No. 178110 : June 15, 2011] AYALA LAND, INC. AND CAPITOL CITIFARMS, INC., PETITIONERS, VS. SIMEONA CASTILLO, LORENZO PERLAS, JESSIELYN CASTILLO, LUIS MAESA, ROLANDO BATIQUIN, AND BUKLURAN MAGSASAKA NG TIBIG, AS REPRESENTED BY THEIR ATTORNEY-IN-FACT, SIMEONA CASTILLO, RESPONDENTS.

  • [G.R. No. 169985 : June 15, 2011] MODESTO LEOVERAS, PETITIONER, VS. CASIMERO VALDEZ, RESPONDENT.

  • [G.R. No. 194367 : June 15, 2011] MARK CLEMENTE Y MARTINEZ @ EMMANUEL DINO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 187047 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MANUEL CRUZ Y CRUZ, ACCUSED-APPELLANT.

  • [G.R. No. 150462 : June 15, 2011] TOP MANAGEMENT PROGRAMS CORPORATION, PETITIONER, VS. LUIS FAJARDO AND THE REGISTER OF DEEDS OF LAS PIĂ‘AS CITY, RESPONDENTS.

  • [G.R. No. 177995 : June 15, 2011] HEIRS OF AGAPITO T. OLARTE AND ANGELA A. OLARTE, NAMELY NORMA OLARTE-DINEROS, ARMANDO A. OLARTE, YOLANDA OLARTE-MONTECER AND RENATO A. OLARTE, PETITIONERS, VS. OFFICE OF THE PRESIDENT OF THE PHILIPPINES, NATIONAL HOUSING AUTHORITY (NHA), MARIANO M. PINEDA, AS GENERAL MANAGER, THE MANAGER, DISTRICT I, NCR, EDUARDO TIMBANG AND DEMETRIO OCAMPO, RESPONDENTS.

  • [G.R. No. 189207 : June 15, 2011] ERIC U. YU, PETITIONER, VS. HONORABLE JUDGE AGNES REYES-CARPIO, IN HER OFFICIAL CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT OF PASIG-BRANCH 261; AND CAROLINE T. YU, RESPONDENTS.

  • [G.R. No. 187640 : June 15, 2011] PHILIPPINE NATIONAL BANK, PETITIONER, VS. THE SPS. ANGELITO PEREZ AND JOCELYN PEREZ, RESPONDENTS. [G.R. NO. 187687] SPS. ANGELITO PEREZ AND JOCELYN PEREZ, PETITIONERS, VS. PHILIPPINE NATIONAL BANK, RESPONDENT.

  • [G.R. No. 166838 : June 15, 2011] STA. LUCIA REALTY & DEVELOPMENT, INC., PETITIONER, VS. CITY OF PASIG, RESPONDENT, MUNICIPALITY OF CAINTA, PROVINCE OF RIZAL, INTERVENOR.

  • [G.R. No. 175021 : June 15, 2011] REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE CHIEF OF THE PHILIPPINE NATIONAL POLICE, PETITIONER, VS. THI THU THUY T. DE GUZMAN, RESPONDENT.

  • [G.R. No. 181126 : June 15, 2011] LEONARDO S. UMALE, [DECEASED] REPRESENTED BY CLARISSA VICTORIA, JOHN LEO, GEORGE LEONARD, KRISTINE, MARGUERITA ISABEL, AND MICHELLE ANGELIQUE, ALL SURNAMED UMALE, PETITIONERS, VS. ASB REALTY CORPORATION, RESPONDENT.

  • [G.R. No. 189325 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. TEOFILO RAGODON MARCELINO, JR. ALIAS "TERENCE" AND ALIAS TEOFILO MARCELINO Y RAGODON, ACCUSED-APPELLANT.

  • [G.R. No. 187326 : June 15, 2011] PHILIPPINE ARMY, 5th INFANTRY DIVISION, THROUGH GEN. ALEXANDER YAPSING, LT. COL. NICANOR PENULIAR, AND LT. COL. FERNANDO PASION, PETITIONERS, VS. SPOUSES MAJOR CONSTANCIO PAMITTAN (RET.) AND LEONOR PAMITTAN, SPOUSES ALBERTO TALINIO AND MARIA CHONA P. TALINIO, SPOUSES T/SGT. MELCHOR BACULI AND LAARNI BACULI, SPOUSES S/SGT. JUAN PALASIGUE AND MARILOU PALASIGUE, SPOUSES GRANT PAJARILLO AND FRANCES PAJARILLO, SPOUSES M/SGT. EDGAR ANOG AND ZORAIDA ANOG, AND SPOUSES 2LT. MELITO PAPA AND PINKY PAPA, FOR THEMSELVES AND FOR OTHER OCCUPANTS OF SITIO SAN CARLOS, UPI, GAMU, ISABELA, BY WAY OF CLASS SUIT, RESPONDENTS.

  • [G.R. No. 171742 : June 15, 2011] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. MIRANT (PHILIPPINES) OPERATIONS, CORPORATION, RESPONDENT. [G.R. No. 176165] MIRANT (PHILIPPINES) OPERATIONS CORPORATION (FORMERLY: SOUTHERN ENERGY ASIA-PACIFIC OPERATIONS (PHILS.), INC.), PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 184925 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSEPH MOSTRALES Y ABAD, ACCUSED-APPELLANT.

  • [A.M. No. P-10-2829 : June 21, 2011] JUDGE EDILBERTO G. ABSIN, COMPLAINANT, VS. EDGARDO A. MONTALLA, STENOGRAPHER, REGIONAL TRIAL COURT, BRANCH 29, SAN MIGUEL, ZAMBOANGA PROMULGATED: DEL SUR, RESPONDENT.

  • [A.C. No. 6683 : June 21, 2011] RE: RESOLUTION OF THE COURT DATED 1 JUNE 2004 IN G.R. NO. 72954 AGAINST, ATTY. VICTOR C. AVECILLA, RESPONDENT.

  • [G.R. No. 149433 : June 22, 2011] THE COCA-COLA EXPORT CORPORATION, PETITIONER, VS.CLARITA P. GACAYAN, RESPONDENT.

  • [G.R. No. 192649 : June 22, 2011] HOME GUARANTY CORPORATION, PETITIONER, VS. R-II BUILDERS INC. AND NATIONAL HOUSING AUTHORITY, RESPONDENTS.

  • [G.R. No. 183122 : June 22, 2011] GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), PETITIONER, VS. GENERAL MILLING CORPORATION, RESPONDENT. [G.R. NO. 183889] GENERAL MILLING CORPORATION, PETITIONER, VS. GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), ET. AL, RESPONDENTS.

  • [G.R. No. 183122 : June 22, 2011] GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), PETITIONER, VS. GENERAL MILLING CORPORATION, RESPONDENT. [G.R. NO. 183889] GENERAL MILLING CORPORATION, PETITIONER, VS. GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), ET. AL, RESPONDENTS.

  • [G.R. No. 182980 : June 22, 2011] BIENVENIDO CASTILLO, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 182819 : June 22, 2011] MAXIMINA A. BULAWAN, PETITIONER, VS. EMERSON B. AQUENDE, RESPONDENT.

  • [G.R. No. 182645 : June 22, 2011] IN THE MATTER OF THE HEIRSHIP (INTESTATE ESTATES) OF THE LATE HERMOGENES RODRIGUEZ, ANTONIO RODRIGUEZ, MACARIO J. RODRIGUEZ, DELFIN RODRIGUEZ, AND CONSUELO M. RODRIGUEZ AND SETTLEMENT OF THEIR ESTATES, RENE B. PASCUAL, PETITIONER, VS. JAIME M. ROBLES, RESPONDENT.

  • [G.R. No. 182236 : June 22, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CHITO GRATIL Y GUELAS, ACCUSED-APPELLANT.

  • [G.R. No. 186523 : June 22, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. URBAN SALCEDO ABDURAHMAN ISMAEL DIOLAGRA, ABDULAJID NGAYA, HABER ASARI, ABSMAR ALUK, BASHIER ABDUL, TOTING HANO, JR., JAID AWALAL, ANNIK/RENE ABBAS, MUBIN IBBAH, MAGARNI HAPILON IBLONG, LIDJALON SAKANDAL, IMRAM HAKIMIN SULAIMAN, NADSMER ISNANI SULAIMAN, NADSMER ISNANI MANDANGAN KAMAR JAAFAR, SONNY ASALI AND BASHIER ORDOĂ‘EZ, ACCUSED-APPELLANTS, KHADAFFY JANJALANI, ALDAM TILAO ALIAS "ABU SABAYA," ET AL., AND MANY OTHER JOHN DOES, PETER DOES AND RICHARD DOES, ACCUSED.

  • [G.R. No. 183676 : June 22, 2011] RUEL AMPATUAN "ALIAS RUEL," PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 170646 : June 22, 2011] MA. LIGAYA B. SANTOS, PETITIONER, VS. LITTON MILLS INCORPORATED AND/OR ATTY. RODOLFO MARIĂ‘O, RESPONDENTS.

  • [G.R. No. 170292 : June 22, 2011] HOME DEVELOPMENT MUTUAL FUND (HDMF), PETITIONER, VS. SPOUSES FIDEL AND FLORINDA R. SEE AND SHERIFF MANUEL L. ARIMADO, RESPONDENTS.

  • [A.M. No. RTJ-07-2044 (FORMERLY OCA I.P.I. NO. 07-2553-RTJ) : June 22, 2011] ATTY. FACUNDO T. BAUTISTA, COMPLAINANT, VS. JUDGE BLAS O. CAUSAPIN, JR., PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 32, GUIMBA, NUEVA ECIJA, RESPONDENT.

  • [G.R. No. 193023 : June 22, 2011] NATIONAL POWER CORPORATION, PETITIONER, VS. YUNITA TUAZON, ROSAURO TUAZON AND MARIA TERESA TUAZON, RESPONDENTS.

  • [G.R. No. 170416 : June 22, 2011] UNIVERSITY PLANS INCORPORATED, PETITIONER, VS. BELINDA P. SOLANO, TERRY A. LAMUG, GLENDA S. BELGA, MELBA S. ALVAREZ, WELMA R. NAMATA, MARIETTA D. BACHO AND MANOLO L. CENIDO, RESPONDENTS.

  • [G.R. No. 176740 : June 22, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. CARLO DUMADAG Y ROMIO, APPELLANT.

  • [A.M. No. MTJ-11-1786 [Formerly OCA IPI No. 10-2262-MTJ] : June 22, 2011] FELICISIMA R. DIAZ, COMPLAINANT, VS. JUDGE GERARDO E. GESTOPA, JR., MUNICIPAL TRIAL COURT, NAGA, CEBU, RESPONDENT.

  • [G.R. No. 170658 : June 22, 2011] ANICETO CALUBAQUIB, WILMA CALUBAQUIB, EDWIN CALUBAQUIB, ALBERTO CALUBAQUIB, AND ELEUTERIO FAUSTINO CALUBAQUIB, PETITIONERS, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 174158 : June 27, 2011] WILLIAM ENDELISEO BARROGA, PETITIONER, VS. DATA CENTER COLLEGE OF THE PHILIPPINES AND WILFRED BACTAD,[1] RESPONDENTS.

  • [G.R. No. 176951 : June 28, 2011] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREĂ‘AS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREĂ‘AS, 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. TREĂ‘AS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREĂ‘AS, 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. TREĂ‘AS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREĂ‘AS, 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.

  • [G.R. No. 176579 : June 28, 2011] WILSON P. GAMBOA, PETITIONER, VS. FINANCE SECRETARY MARGARITO B. TEVES, FINANCE UNDERSECRETARY JOHN P. SEVILLA, AND COMMISSIONER RICARDO ABCEDE OF THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG) IN THEIR CAPACITIES AS CHAIR AND MEMBERS, RESPECTIVELY, OF THE PRIVATIZATION COUNCIL, CHAIRMAN ANTHONI SALIM OF FIRST PACIFIC CO., LTD. IN HIS CAPACITY AS DIRECTOR OF METRO PACIFIC ASSET HOLDINGS INC., CHAIRMAN MANUEL V. PANGILINAN OF PHILIPPINE LONG DISTANCE TELEPHONE COMPANY (PLDT) IN HIS CAPACITY AS MANAGING DIRECTOR OF FIRST PACIFIC CO., LTD., PRESIDENT NAPOLEON L. NAZARENO OF PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, CHAIR FE BARIN OF THE SECURITIES EXCHANGE COMMISSION, AND PRESIDENT FRANCIS LIM OF THE PHILIPPINE STOCK EXCHANGE, RESPONDENTS. PABLITO V. SANIDAD AND ARNO V. SANIDAD, PETITIONERS-IN-INTERVENTION.

  • [G.R. No. 192591 : June 29, 2011] EFREN L. ALVAREZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 172227 : June 29, 2011] SPOUSES WILFREDO PALADA AND BRIGIDA PALADA,* PETITIONERS, VS. SOLIDBANK CORPORATION AND SHERIFF MAYO DELA CRUZ, RESPONDENTS.

  • [G.R. No. 181398 : June 29, 2011] FEB LEASING AND FINANCE CORPORATION (NOW BPI LEASING CORPORATION), PETITIONER, VS. SPOUSES SERGIO P. BAYLON AND MARITESS VILLENA-BAYLON, BG HAULER, INC., AND MANUEL Y. ESTILLOSO, RESPONDENTS.

  • [G.R. No. 188365 : June 29, 2011] BPI FAMILY SAVINGS BANK, INC., PETITIONER, VS. PRYCE GASES, INC., INTERNATIONAL FINANCE CORPORATION, AND NEDERLANDSE FINANCIERINGS-MAATSCHAPPIJ VOOR ONTWIKKELINGSLANDEN N.V., RESPONDENTS.

  • [G.R. No. 148483 : June 29, 2011] BANGKO SENTRAL NG PILIPINAS, PETITIONER, VS. ORIENT COMMERCIAL BANKING CORPORATION, JOSE C. GO, GEORGE C. GO, VICENTE C. GO, GOTESCO PROPERTIES, INC., GO TONG ELECTRICAL SUPPLY INC., EVER EMPORIUM, INC., EVER GOTESCO RESOURCES AND HOLDINGS INC., GOTESCO TYAN MING DEVELOPMENT INC., EVERCREST CEBU GOLF CLUB AND RESORTS, INC., NASUGBU RESORTS INC., GMCC UNITED DEVELOPMENT CORP., GULOD RESORT, INC., OK STAR, EVER PLAZA, INC. AND EVER ELECTRICAL MFG., INC., RESPONDENTS.

  • [G.R. No. 183564 : June 29, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. LUCRESIO ESPINA, APPELLANT.

  •  





     
     

    [A.M. No. RTJ-07-2087 : June 07, 2011]   (Formerly OCA I.P.I. No. 07-2621-RTJ)   OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MA. ELLEN M. AGUILAR, REGIONAL TRIAL COURT, BRANCH 70, BURGOS, PANGASINAN, RESPONDENT.

     
    EN BANC

    [A.M. No. RTJ-07-2087 : June 07, 2011]

    (Formerly OCA I.P.I. No. 07-2621-RTJ)

    OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MA. ELLEN M. AGUILAR, REGIONAL TRIAL COURT, BRANCH 70, BURGOS, PANGASINAN, RESPONDENT.

    D E C I S I O N


    DE CASTRO, J.:

    This case stemmed from (1) the undated letter[1] of Ramon Ona-Ligaya (Ligaya) of Olongapo City, addressed to then Chief Justice Artemio V. Panganiban, and the Judicial and Bar Council (JBC), expressing disappointment over the appointment of Ma. Ellen Aguilar (Aguilar) as judge of the Regional Trial Court (RTC) of Burgos, Pangasinan, since she had been charged with several criminal offenses involving moral turpitude; and (2) the Indorsement letter[2] dated December 4, 2006 of the Office of the City Legal Officer of Olongapo City, referring to the Office of the Court Administrator (OCA) for appropriate action the decision of the Deputy Ombudsman for Luzon in OMB-L-A-03-0718-G,[3] which imposed upon Atty. Aguilar, formerly City Legal Officer of Olongapo City, a fine equivalent to one month salary.

    For the antecedent factual background of the charges, we refer to the report of Associate Justice Teresita Dy-Liacco Flores (Dy-Liacco Flores) of the Court of Appeals, who was later tasked by the Court to investigate the present administrative matter against Judge Aguilar. Investigating Justice Dy-Liacco Flores found that:

    Sometime on July 2, 1998, while [Atty. Aguilar] was still the Legal Officer of Olongapo City, mortgagor Lourdes Sison and mortgagee Angelina Cuevas came to her office together, asking her to notarize a prepared real estate mortgage contract. The document showed that it was a security for a loan of P120,000.00. [Atty. Aguilar] acceded. Later, Sison and Cuevas returned with a different document. It was obviously the same real estate mortgage contract between the parties but the amount of the loan was now raised to P140,000.00. The parties explained that this is the real agreement between them. [Atty. Aguilar] notarized it in replacement of the previous document, deeming the first cancelled. Hence, the second document carried the same entries like document number, book number and the like as the first document. Either by oversight or inattentiveness, the secretary of Atty. Aguilar put the two documents together.

    Sometime in 2002, Arnel Sison, the son of mortgagor Lourdes Sison, discovered the existence of the two documents with different amounts but one notarial document number. Furious, he went to see then Atty. Aguilar. She explained to him the circumstances under which both documents were notarized. Unappeased, Arnel Sison filed complaints for Falsification of Public Document, Perjury and Estafa against Atty. Aguilar and Angelina Cuevas before (1) the Office of the Regional State Prosecutor of Bataan AND (2) the Office of the Ombudsman.[4]

    The complaint for Falsification of Public Document, Perjury and Estafa against Atty. Aguilar and Angelina Cuevas was filed by Arnel Sison before the Regional State Prosecutor, and was docketed as I.S. Nos. 03-S-2282 to 03-S-2284. After preliminary investigation, Angelito V. Lumabas, Acting City Prosecutor of Olongapo City, issued a Resolution[5] dated March 2, 2004, dismissing the complaint for lack of probable cause.

    Meanwhile, proceedings on Arnel Sison’s complaint for Dishonesty and Misconduct against Atty. Aguilar, filed before the Ombudsman and docketed as OMB-L-A-03-0718-G, continued. Atty. Aguilar filed her counter-affidavit therein on October 2, 2003.

    Following her retirement as City Legal Officer of Olongapo City effective December 13, 2003, Atty. Aguilar, through a letter[6] dated September 3, 2004, addressed to the JBC Chairman, applied for the position of judge, preferably at the RTC Branch 71, of Iba, Zambales. In support of her application, Atty. Aguilar accomplished and submitted a Personal Data Sheet (PDS), which consisted of four pages. Question No. 23 of the PDS asked: “Is there any pending civil, criminal or administrative (including disbarment) case or complaint filed against you pending before any court, prosecution office, any other office, agency or instrumentality of the government, or the Integrated Bar of the Philippines?”[7] In answer to said question, Atty. Aguilar wrote “None.”[8] The PDS was notarized in September 2004.

    Atty. Aguilar was appointed as RTC Judge of Burgos, Pangasinan, on October 15, 2005.

    After her appointment to the Judiciary, the Deputy Ombudsman for Luzon rendered a Decision[9] in OMB-L-A-03-0718-G on November 29, 2005, finding no liability on Atty. Aguilar’s part for dishonesty but only for misconduct, as follows:

    After a careful evaluation of the facts and evidence adduced by both parties, the undersigned finds [Atty. Aguilar] guilty of misconduct. Records disclose that two (2) deeds of Real Estate Mortgage were notarized on July 2, 1998, by Atty. Aguilar. However, based on the certification dated July 3, 2003 issued by the Office of the Clerk of Court of the Regional Trial Court of Olongapo City, it appears that [Atty. Aguilar] was commissioned as notary public in the year 1999 up to the present. Evidently, [Atty. Aguilar] was not yet commissioned as notary public when she notarized the aforesaid documents. As to the claim of [Atty. Aguilar] that she is a notary public ex-officio, as such she may perform her functions only in the notarization of documents connected with the exercise of her official functions. She may not, as notary public ex-officio, undertake the preparation and acknowledgement of private documents, contracts and other acts of conveyances which bear no direct relation to the performance of her functions as City Legal Officer.[10]

    For her misconduct, the Deputy Ombudsman for Luzon imposed upon Atty. Aguilar the penalty of one month suspension. Atty. Aguilar filed a motion for reconsideration, arguing that she could no longer be held administratively liable as she had already retired from her position as Legal Officer of Olongapo City as of December 13, 2003. The Deputy Ombudsman for Luzon, in an Order[11] dated January 31, 2006,[12] denied Atty. Aguilar’s motion for reconsideration, but modified the penalty imposed upon her from one month suspension from service to a fine of one month pay. The City Mayor and the Office of the City Legal Officer of Olongapo City were furnished with copies of the Decision dated November 29, 2005 and Order dated January 31, 2006 of the Deputy Ombudsman for Luzon in OMB-L-A-03-0718-G, for immediate implementation.

    Atty. Aguilar assumed her judicial position on February 8, 2006. She accomplished another PDS for submission to the Supreme Court on March 6, 2006. In the more recent PDS, the following questions were asked:

    37. a. Have you ever been formally charged?

    b. Have you ever been guilty of any administrative offense?

    38. Have you ever been convicted of any crime or violation of any law, decree, ordinance or regulation by any court or tribunal?[13]

    Judge Aguilar answered “No”[14] to all the aforequoted questions.

    On March 6, 2006, the Office of the Chief Justice (OCJ) received Ligaya’s undated letter, bringing to the attention of said office two criminal cases still pending against Judge Aguilar, particularly: (1) Criminal Case No. 523-04, for Estafa thru Falsification, pending before the RTC of Olongapo City, Branch 74; and (2) Criminal Case No. 844-04, for Falsification, pending before the Municipal Trial Court in Cities of Olongapo City. Ligaya sought the recall of Judge Aguilar’s appointment. Then Chief Justice Panganiban endorsed Ligaya’s letter to the JBC.[15]

    Given Atty. Aguilar’s retirement as City Legal Officer of Olongapo City and her subsequent appointment as RTC judge, the Office of the City Legal Officer of Olongapo City believed that it no longer had the authority to implement the Deputy Ombudsman for Luzon’s Decision dated November 29, 2005 and Order dated January 31, 2006 in OMB-L-A-03-0718-G against now Judge Aguilar. Consequently, in its 1st Indorsement dated December 4, 2006, the Office of the City Legal Officer forwarded said decision and order of the Deputy Ombudsman for Luzon against Judge Aguilar to the OCA for pertinent action.

    Atty. Wilhelmina D. Geronga (Geronga), OCA Chief of Staff, directed Judge Aguilar to comment on why she failed to disclose in her PDS the pendency of OMB-L-A-03-0718-G. Attached to the OCA directive was a copy of the Order dated January 31, 2006 of the Deputy Ombudsman for Luzon in OMB-L-A-03-0718-G, denying Judge Aguilar’s motion for reconsideration of the Decision dated November 29, 2005.

    In her Comment, Judge Aguilar avers that she only learned that her motion for reconsideration of the Decision dated November 29, 2005 in OMB-L-A-03-0718-G was denied by the Deputy Ombudsman for Luzon in an Order dated January 31, 2006, when she was furnished a copy of said order by the OCA on June 1, 2007. Judge Aguilar would have wanted to challenge the decision and order of the Deputy Ombudsman for Luzon before the Court of Appeals, but she desisted because of her desire to have closure on the matter. Instead, Judge Aguilar already paid the fine, equivalent to one month salary, imposed upon her in OMB-L-A-03-0718-G on June 5, 2007.

    Judge Aguilar further explains in her Comment that when she notarized the real estate mortgage contracts between Lourdes Sison and Angelina Cuevas, she was merely performing her duty to give free legal services to the people of Olongapo City who have no resources to avail themselves of the services of lawyers; and maintains that she did not charge or receive any consideration from the parties for the notarization.

    Finally, Judge Aguilar apologizes for the inaccuracies in her PDS and promises to be more circumspect and accurate in her future submissions.

    On July 11, 2007, Atty. Geronga issued a Memorandum[16] to then Court Administrator Christopher Lock recommending that the complaint against Judge Aguilar be docketed as a regular administrative matter and that Judge Aguilar be required to manifest whether she wanted to submit the case for resolution based on the pleadings or to have the matter formally investigated.

    As Atty. Geronga recommended, Court Administrator Lock directed Judge Aguilar to manifest whether she wanted to submit the case for resolution based on the pleadings or to have the matter formally investigated.[17] In her letter[18] dated August 7, 2007, Judge Aguilar informed the OCA that she opted for a formal investigation of the charges against her.

    On September 24, 2007, Court Administrator Lock recommended to the Court that the case against Judge Aguilar be re-docketed as a regular administrative matter and to refer the case to a consultant for investigation, report, and recommendation.[19]

    The Court, in a Resolution[20] dated October 17, 2007, re-docketed the case as a regular administrative matter.

    Upon the recommendation[21] of succeeding Court Administrator Zenaida N. Elepaño, the administrative matter was referred to the Court of Appeals on March 4, 2008, to be raffled among the Associate Justices for investigation, report, and recommendation. It was raffled to Investigating Justice Dy-Liacco Flores on June 2, 2008.

    During the preliminary conference on September 4, 2008, Investigating Justice Dy-Liacco Flores encouraged the parties to focus on the core issues. She suggested that OMB-L-A-03-0718-G, which addressed Judge Aguilar’s wrongful notarization of the deeds of Real Estate Mortgage between Lourdes Sison and Angelina Cuevas, should already be deemed closed since Judge Aguilar had already paid the fine imposed therein; and that the present investigation be limited to the purportedly inaccurate entries made by Judge Aguilar in her PDS.

    After consideration of the documents and testimonies of the parties, Investigating Justice Dy-Liacco Flores submitted her report, pertinent portions of which read:

    The undersigned Investigator finds [Judge Aguilar] guilty of dishonesty.

    x x x x

    [Judge Aguilar] explained that she thought her retirement as Legal Officer of Olongapo City on December 13, 2003 rendered functus officio the administrative case filed by Arnel Sison against her and the unusual penalties attendant to the administrative charges such as removal, suspension or censure had been mooted by her retirement. She claims that even if such belief is wrong, it is not entirely baseless.

    [Judge Aguilar’s] explanation fails to persuade. When she made said entry, she was not an ordinary layman ignorant of the intricacies of the law but an experienced lawyer who had served as City Legal Officer for more than sixteen (16) years. Also, [Judge Aguilar] always graduated at the top of her class in law school and in her liberal arts degree at a prestigious university. Thus, she is deemed to know the import of a simple question: “Is there any pending civil, criminal or administrative (including disbarment) case or complaint filed against you pending before any Court, prosecution office, or any other office, agency or instrumentality of the government or the Republic of the Philippines or the Integrated Bar of the Philippines?”

    The simplicity of the question would have dawned on her right away that her belief about the effect of her resignation is irrelevant to the question. At any rate, in the case of Pagano vs. Nazarro, et al., the Supreme Court stated thus:

    (T)he precipitate resignation of a government employee charged with an offense punishable by dismissal from service does not render moot the administrative case against him. Resignation is not a way out to evade administrative liability when facing administrative sanction. The resignation of a public servant does not preclude the finding of any administrative liability to which he or she shall still be answerable.

    A case becomes moot and academic only when there is no more actual controversy between the parties or no useful purpose can be served in passing upon the merits of the case. The instant case is not moot and academic despite petitioner’s [Judge Aguilar] separation from service. Even if the most severe of administrative sanctions - that of separation from service - may no longer be imposed on the petitioner, there are other penalties which may be imposed on her if she is later found guilty of administrative offenses charged against her, namely, the disqualification to hold any government office and the forfeiture of benefits.

    [Judge Aguilar’s] plea of good faith is controverted by the fact that the misrepresentation is so palpable that it could not have been missed or overlooked by a brilliant mind like that of [Judge Aguilar]. As a City Legal Officer for a long time, she must have known that a truthful revelation of the pendency of her administrative case could derail her application to the bench. Her desire to avoid the risk explains that misrepresentation.[22]

    Ultimately, Investigating Justice Dy-Liacco Flores recommended as follows:

    In view of the foregoing, the undersigned Investigator recommends the penalty of dismissal from service with forfeiture of all benefits except earned leave credits, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations.[23]

    The Court referred the foregoing report and recommendation of Investigating Justice Dy-Liacco Flores to the OCA for evaluation, report, and recommendation.

    On May 6, 2009, the OCA, through then Court Administrator, now Associate Justice of this Court, Jose P. Perez, submitted its report, concurring with the findings of Investigating Justice Dy-Liacco Flores and recommending thus:

    In view of the foregoing, it is respectfully submitted for the consideration of the Honorable Court the recommendations that Judge Ma. Ellen M. Aguilar, Regional Trial Court, Branch 70, Burgos, Pangasinan, be DISMISSED from the service with forfeiture of all benefits except earned leave credits, with prejudice to re-employment to any public office, including government-owned or controlled corporations.[24]

    The Court agrees with the reports of the OCA and Investigating Justice Dy-Liacco Flores adjudging Judge Aguilar guilty of dishonesty in filling out her PDS, but modifies the recommended penalty of dismissal to suspension of six (6) months given the attendant circumstances.

    Judge Aguilar admitted that in two of her PDS – one accomplished in September 2004, attached to her application for judgeship position, and the other accomplished on March 6, 2006, upon her assumption as RTC Judge of Burgos, Pangasinan – Judge Aguilar answered that she had no pending administrative case against her; and that she had not been formally charged nor found guilty of any administrative charge. All the while, Arnel Sison’s administrative complaint against Judge Aguilar, OMB-L-A-03-0718-G, was pending before the Deputy Ombudsman for Luzon. The Deputy Ombudsman for Luzon, in a Decision dated November 29, 2005 in OMB-L-A-03-0718-G, found Judge Aguilar guilty of misconduct and imposed upon her the penalty of one month suspension; and in an Order dated January 31, 2006, denied Judge Aguilar’s motion for reconsideration, but modified the penalty imposed by converting it to a fine equivalent to one month salary.

    The accomplishment of the PDS is a requirement under the Civil Service Rules and Regulations for employment in the government. Since truthful completion of PDS is a requirement for employment in the Judiciary, the importance of answering the same with candor need not be gainsaid.[25]

    With respect to Judge Aguilar’s supposed omission in her PDS submitted with her judgeship application, we are guided by the ruling in Plopinio v. Zabala-Cariño,[26] wherein we clarified that a person shall be considered formally charged in administrative cases only upon a finding of the existence of a prima facie case by the disciplining authority, in case of a complaint filed by a private person. However, Judge Aguilar’s failure to disclose OMB-L-A-03-0718-G in her PDS filed upon her assumption of office when she already had notice of the adverse decision therein constitutes dishonesty, considered a grave offense under the Administrative Code of 1987, as well as the Uniform Rules on Administrative Cases in the Civil Service (Civil Service Rules), with the corresponding penalty of dismissal from service even for the first offense.

    Nonetheless, Rule IV, Section 53 of the Civil Service Rules also provides that in the determination of the penalties to be imposed, extenuating, mitigating, aggravating or alternative circumstances attendant to the commission of the offense shall be considered. Among the circumstances that may be allowed to modify the penalty are (1) length of service in the government, (2) good faith, and (3) other analogous circumstances.

    In several jurisprudential precedents, the Court has refrained from imposing the actual administrative penalties prescribed by law or regulation in the presence of mitigating factors. Factors such as the respondent's length of service, the respondent's acknowledgement of his or her infractions and feeling of remorse, family circumstances, humanitarian and equitable considerations, respondent's advanced age, among other things, have had varying significance in the determination by the Court of the imposable penalty. For equitable and humanitarian reasons, the Court reduced the administrative penalties imposed in the following cases:

    The Court had the occasion to rule in Office of the Court Administrator v. Flores,[27] wherein the respondent legal researcher was charged with dishonesty for her failure to disclose her suspension and dismissal from her previous employment in her PDS, that:

    This Court has in the past punished similar infractions pertaining to making untruthful statements in the PDS with the severe penalty of dismissal such as failing to state previous employment and the fact of separation for cause therefrom, falsely declaring passing the career service professional examination when in fact one did not, and neglecting to declare the pendency of a criminal case.

    x x x x

    While dishonesty is considered a grave offense punishable by dismissal even at the first instance, jurisprudence is replete with cases where the Court lowered the penalty of dismissal to suspension taking into account the presence of mitigating circumstances such as length of service in the government and being a first time offender.

    Since respondent has been in the service for fourteen (14) years and since this is her first offense during employment in the judiciary, the Court deems it proper to impose the penalty of suspension for six (6) months without pay.[28] (Emphases supplied. Citations omitted.)

    Similar considerations were applied in other cases involving administrative charges of dishonesty. In Concerned Employees of the Municipal Trial Court of Meycauayan, Bulacan v. Larizza Paguio-Bacani, Branch Clerk of Court II, Municipal Trial Court of Meycauayan, Bulacan,[29] respondent Paguio-Bacani’s act of falsifying her Daily Time Records (DTRs) amounted to dishonesty, which under the Civil Service Rules carried the penalty of dismissal from the service even for a first offense. Even though dishonesty through falsification of DTRs is punishable by dismissal, such an extreme penalty was not imposed on the errant employee where there exist mitigating circumstances which could alleviate her culpability. Paguio-Bacani had been Branch Clerk of Court for about ten years and this was the first administrative complaint against her. Thus, Paguio-Bacani was suspended from the service for one year without pay, with a warning that a repetition of the same or similar act will be dealt with more severely.

    Respondent Valentin, in Concerned Employee v. Roberto Valentin, Clerk II, Records Division, Office of the Court Administrator,[30] was found guilty of dishonesty for claiming to have rendered overtime service for 12 days, receiving overtime allowance for the same, when he could not have actually been at the office since he served as an umpire at table tennis matches held on the same dates. Instead of the penalty of dismissal, Valentin was suspended from the service for six months without pay, with a warning that a repetition of the same or similar act will be dealt with more severely. Valentin had been in the government service for almost eight years and had performed his assigned tasks satisfactorily. These two circumstances were considered mitigating and, therefore, decreased the imposable penalty upon Valentin.

    Respondents Ting and Esmerio, in Re: Administrative Case for Dishonesty Against Elizabeth Ting, Court Secretary I, and Angelita C. Esmerio, Clerk III, Office of the Division Clerk of Court, Third Division,[31] were likewise found guilty of dishonesty in deliberately failing to use the Chronolog Time Recorder Machine to register their actual time of arrival in the office and making it appear in their Daily Report of Attendance and Tardiness that they had always arrived on time. The Court, for humanitarian considerations, in addition to various mitigating circumstances in Ting’s and Esmerio’s favor, imposed the penalty of six months suspension, instead of the most severe penalty of dismissal from service. The following circumstances convinced the Court to extend mercy and indulgence to Ting and Esmerio: (1) their long years of service in the judiciary, ranging from 21 to 38 years; (2) their acknowledgement of their infractions and feelings of remorse; (3) the importance and complexity of the nature of their duties; (4) their “very satisfactory” performance rating; and (5) their family circumstances.

    In Reyes-Domingo v. Morales,[32] respondent Morales, the branch Clerk of Court of the Metropolitan Trial Court of Manila, Branch 17, was found guilty of dishonesty in not reflecting his absences on the 10th and 13th of May 1996 in his DTR, when he was at Katarungan Village interfering with the construction of the Sports Complex therein, and at the Department of Environment and Natural Resources-National Capital Region pursuing his personal business. The OCA recommended Morales’s dismissal from the service reasoning that his falsification of his DTRs amounted to dishonesty. However, the Court merely imposed a fine of P5,000.00 on Morales, given that this was his first offense, and his absences could not yet be classified as frequent or habitual.

    In Floria v. Sunga,[33] Floria, Executive Assistant IV at the Archives Section, Court of Appeals, was found liable for immorality, since she had an illicit relation with Badilla, a married man; and for the administrative offense of dishonesty, because she falsified her children’s birth certificates by stating therein that she and Badilla were married on May 22, 1972. The Court tempered justice with mercy by imposing on Floria a fine of P10,000.00, in light of the following circumstances: the administrative offense of immorality charged against Floria took place many years ago; it was the first time that Floria was being held administratively liable in her 29 years of employment at the Court of Appeals; and Floria’s children were innocent victims, and dismissing or suspending their mother from the service would be a heavy toll on them, a punishment they did not deserve.

    The Court, in Concerned Taxpayer v. Norberto Doblada, Jr.,[34] found that the inaccuracies and inconsistencies in the Statement of Assets and Liabilities of Doblada, the Sheriff at the Regional Trial Court of Pasig City, Branch 155, were tantamount to dishonesty, which under Civil Service rules and regulations is punishable with dismissal even for the first offense. However, the Court reduced the penalty to six months suspension without pay, bearing in mind attendant equitable and humanitarian considerations therein, to wit: Doblada had spent 34 years of his life in government service and that he was about to retire; this was the first time that Doblada was found administratively liable; Doblada and his wife were suffering from various illnesses that required constant medication; and that Doblada and his wife were relying on Doblada’s retirement benefits to augment their finances and to meet their medical bills and expenses.

    In De Guzman, Jr. v. Mendoza,[35] Antonio Mendoza, Sheriff IV of the Makati City Regional Trial Court, Branch 58, was charged with conniving with another in causing the issuance of an alias writ of execution and profiting from the rentals collected from the subject property. Mendoza was subsequently found guilty of Grave Misconduct, Dishonesty and Conduct Prejudicial to the Best Interest of the Service; but instead of imposing the penalty of dismissal, the Court meted out the penalty of suspension for one year without pay, it appearing that it was Mendoza's first offense.

    Drawing on the same compassion displayed by the Court in the foregoing catena of cases, the Court should take into consideration the following mitigating circumstances existent in the case at bar:

    a) The criminal complaint for falsification, perjury and estafa against Judge Aguilar was dismissed by the Office of the Provincial Prosecutor for lack of probable cause. The administrative case against Judge Aguilar was already decided by the Office of the Deputy Ombudsman for Luzon, suspending Judge Aguilar for one month (later modified to a fine equivalent to one month salary by reason of her voluntary retirement from office) for misconduct but not for dishonesty. Both the dismissed criminal complaint and decided administrative case against Judge Aguilar concern her notarization of private documents that bore no relation to the performance of her functions as City Legal Officer;

    b) Judge Aguilar appeared to have believed that she was authorized to notarize said private documents as part of her duties as City Legal Officer, and she neither charged any fee nor received any consideration therefor;

    c) Setting aside for the moment her previous administrative case, Judge Aguilar had otherwise strong credentials for her appointment as a judge;[36]

    d) Judge Aguilar has rendered more than 20 years of government service;

    e) This is Judge Aguilar’s first and only administrative charge in the Judiciary for which she was found guilty; and

    f) Judge Aguilar readily acknowledged her offense, apologized, and promised to be more circumspect and accurate in her future submissions.

    Judge Aguilar’s case should be distinguished from our previous rulings in Office of the Court Administrator v. Judge Estacion, Jr.,[37] Gutierrez v. Belan[38] and Re: Non-Disclosure before the Judicial and Bar Council of the Administrative Case Filed Against Judge Jaime V. Quitain[39] (the last two cited in the report of Investigating Justice Dy-Liacco Flores). In Estacion, the respondent judge failed to disclose his pending criminal cases for homicide and attempted homicide when he applied to the Judiciary; while in Belan, the respondent judge failed to previously disclose a pending criminal case for reckless imprudence resulting in serious physical injuries. In Quitain, the previous administrative case which the respondent judge failed to disclose upon his application for judgeship was one for grave misconduct for which he was dismissed from the service with forfeiture of benefits prior to his application to the Judiciary. The seriousness of the case or cases which respondent judges failed to disclose in their PDS or applications for judgeship, and the absence of mitigating circumstances, sufficiently differentiate Estacion, Belan, and Quitain, from the one at bar.

    Under Section 11, Rule 140 of the Rules of Court, a judge found guilty of a serious charge, such as dishonesty, may be subjected to any of the following penalties:

    Sec. 11. Sanctions. — A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:

    1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations: Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits;

    2. Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or

    3. A fine of more than P20,000.00 but not exceeding P40,000.00.

    Accordingly, the Court finds it appropriate to impose a suspension of six months without pay in light of the above discussed extenuating circumstances.

    WHEREFORE, Judge Ma. Ellen M. Aguilar is hereby found guilty of dishonesty and is SUSPENDED from the service for six (6) months without pay, with a warning that a repetition of the same or similar act will be dealt with more severely.

    SO ORDERED.

    Corona, C.J., Carpio, Carpio-Morales, Velasco, JR. Nachura, Brion, Peralta, Bersamain, Del Castillo, Abad, Villarama, JR., Perez and Mendoza, JJ., concur.

    Endnotes:


    [1] Rollo, p. 17.

    [2] Id. at 1.

    [3] Id. at 4-8.

    [4] Id. at 255.

    [5] Id. at 45-53.

    [6] Id. at 18.

    [7] Id. at 20.

    [8] Id.

    [9] Id. at 4-8.

    [10] Id. at 7.

    [11] Id. at 11.

    [12] Erroneously dated as January 31, 1006.

    [13] Rollo, p. 29 (back page).

    [14] Id.

    [15] Id. at 9.

    [16] Id. at 78-83.

    [17] Id. at 84.

    [18] Id. at 136.

    [19] Id. at 132.

    [20] Id. at 133.

    [21] Id. at 140.

    [22] Id. at 246-247.

    [23] Id. at 251.

    [24] Id. at 344.

    [25] Inting v. Tanodbayan, 186 Phil. 343, 348 (1980); Belosillo v. Rivera, 395 Phil. 180, 191 (2000).

    [26] A.M. No. P-08-2458, March 22, 2010, 616 SCRA 269, 278.

    [27] A.M. No. P-07-2366, April 16, 2009, 585 SCRA 82.

    [28] Id. at 90-92.

    [29] A.M. No. P-06-2217, July 30, 2009, 594 SCRA 242.claw

    [30] 498 Phil. 347 (2005).

    [31] 502 Phil. 264 (2005).

    [32] 396 Phil. 150 (2000).

    [33] 420 Phil. 637 (2001).

    [34] 507 Phil. 222 (2005).

    [35] 493 Phil. 690 (2005).

    [36] Apart from fulfilling the requisite years of legal practice, Judge Aguilar graduated magna cum laude both in her undergraduate course and from law school at the University of Santo Tomas.

    [37] 260 Phil. 1 (1990).

    [38] 355 Phil. 428 (1998).

    [39] JBC No. 013, August 22, 2007, 530 SCRA 729.

    [A.M. No. RTJ-07-2087 : June 07, 2011]   (Formerly OCA I.P.I. No. 07-2621-RTJ)   OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MA. ELLEN M. AGUILAR, REGIONAL TRIAL COURT, BRANCH 70, BURGOS, PANGASINAN, RESPONDENT.




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