Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2012 > July 2012 Decisions > A.M. No. P-06-2241 Formerly OCA IPI No. 06-2422-P - Judge Pelagia Dalmacio-Joaquin v. Nicomedes Dela Cruz, Process Server, Municipal Trial Court in Cities, San Jose del Monte, Bulacan:




A.M. No. P-06-2241 Formerly OCA IPI No. 06-2422-P - Judge Pelagia Dalmacio-Joaquin v. Nicomedes Dela Cruz, Process Server, Municipal Trial Court in Cities, San Jose del Monte, Bulacan

PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[A.M. No. P-06-2241 - July 10, 2012]
(Formerly OCA IPI No. 06-2422-P)

JUDGE PELAGIA DALMACIO-JOAQUIN, Complainant, v. NICOMEDES DELA CRUZ, Process Server, Municipal Trial Court in Cities, San Jose Del Monte, Bulacan, Respondent.

D E C I S I O N

DEL CASTILLO, J.:

This is an administrative complaint filed by Judge Pelagia Dalmacio-Joaquin (Judge Dalmacio-Joaquin) against Process Server Nicomedes Dela Cruz (Dela Cruz), both of the Municipal Trial Court in Cities, City of San Jose Del Monte, Bulacan, for Conduct Unbecoming of Court Personnel and Dishonesty.

Factual Antecedents

In her Complaint1 dated March 29, 2006, Judge Dalmacio-Joaquin alleged that Dela Cruz submitted belated and false returns of service of notice. In particular, she claimed that Dela Cruz received the Order dated November 25, 2005 relative to Criminal Case No. 5744-96 on December 9, 2005 but served the same to the parties only on March 23, 2006. She also alleged that Dela Cruz submitted false returns relative to Criminal Case Nos. 04-0488 and 04-0489, No. 04-0483 and No. 05-0213. According to Judge Dalmacio-Joaquin, Dela Cruz stated in his return of service in Criminal Case Nos. 04-0488 and 04-0489 that the accused therein was no longer residing at her given address. However, during pre-trial, this was denied by the accused herself who declared in open court that she has not transferred residence. Anent Criminal Case No. 04-0483, Dela Cruz likewise indicated in his return of service that therein accused is no longer residing at his given address and that the houses thereat have already been demolished. However, during the scheduled pre-trial, the complainant manifested that the accused who is her neighbor still resides at his given address and that his house is still standing thereon. Finally, as regards Criminal Case No. 05-0213, two of the accused therein manifested during their scheduled arraignment that they are still residing at their given address contrary to the report of Dela Cruz. Hence, the trial court motu propio lifted their warrants of arrest.

Judge Dalmacio-Joaquin also alleged that notwithstanding receipt of three Orders dated March 10, 2006 relative to Criminal Case Nos. 04-0488 and 04-0489, No. 04-0483 and No. 05-0213, directing him to explain why no administrative action should be taken against him for submitting false returns, Dela Cruz still failed to submit any explanation or compliance thereon. According to Judge Dalmacio-Joaquin, the aforesaid acts of Dela Cruz were unbecoming, undesirable, dishonest and even more reprehensible, undermined the integrity of the court processes and tarnished the trustworthiness of the court employees and of the judiciary.

In his Comment2 filed on May 30, 2006, Dela Cruz denied the allegation that he deliberately delayed the service of the November 25, 2005 Order relative to Criminal Case No. 5744-96. He claimed that the same was served to the parties concerned three days before the scheduled hearing. Anent the returns relative to Criminal Case Nos. 04-0488 and 04-0489, No. 04-0483 and No. 05-0213, Dela Cruz vehemently denied submitting false returns. He averred that as regards Criminal Case Nos. 04-0488 and 04-0489, he served the subpoena to Randy R. Masa, a purok leader in the area who told him that accused Cecilia Pareño was no longer residing at said address and has in fact transferred to another barangay. As regards Criminal Case No. 04-0483, Dela Cruz claimed that he personally went to the given address of the therein accused and was told by a certain Hilda Malabao that there were no longer residents thereat as the houses have already been demolished. As regards Criminal Case No. 05-0213, Dela Cruz narrated that the accused were not at their given address when he attempted to serve the court process. He averred that it was not his intention to submit incorrect or misleading returns. He also claimed that Judge Dalmacio-Joaquin only wanted to harass him as this is not the first administrative complaint she filed against him.

In view of the factual issues presented, we resolved to refer the matter to the Executive Judge of the Regional Trial Court, Malolos, Bulacan for investigation, report and recommendation.3ςrνll

Report of the Investigating Judge

On April 23, 2009, Executive Judge Herminia V. Pasamba (Investigating Judge) submitted her Report.4 The Investigating Judge found that service of the November 25, 2005 Order in Criminal Case No. 5744-96 was delayed for at least three months. As regards the returns relative to Criminal Case Nos. 04-0488 and 04-0489, No. 04-0483 and No. 05-0213, the Investigating Judge noted that although the same contained false entries, the same, however, were not deliberately or intentionally done as Dela Cruz merely relied on his sources. As regards the show cause order issued by Judge Dalmacio-Joaquin, the Investigating Judge noted that Dela Cruz did not file any explanation relative to said returns as directed. For reference, the Report of the Investigating Judge contained the following findings:ςrαlαω

The submitted returns on the three (3) orders all dated March 10, 2005 run counter [to] the explanations given during the respective dates of hearing by the private complainant/accused/defense counsel in the said cases. Respondent, on being confronted, with the false returns offered as explanation his overwhelming job as the only process server in the Municipal Trial Court in Cities of San Jose del Monte City servicing fifty-nine (59) barangays and even produced his still unserved processes of about ninety-eight (98) orders as of the date of his examination. As regards the November 25, 2005 order in Criminal Case No. 5744-96, it was confirmed that the same was received on December 9, 2005 but served only some three months later, at least three (3) days before the scheduled hearing. No compliance however was filed on the orders issued by the complainant Hon. Judge to the show cause [relative to] the false returns.5ςrνll

For the above infractions, the Investigating Judge recommended that Dela Cruz be suspended from employment for a period of one year.6ςrνll

In a Resolution7 dated November 16, 2009, we referred the Report of the Investigating Judge to the Office of the Court Administrator (OCA) for evaluation, report and recommendation.

Report of the Office of the Court Administrator

In its Report,8 the OCA agreed with the Investigating Judge that Dela Cruz indeed submitted false returns which amounts to dishonesty, a grave offense punishable with the extreme penalty of dismissal from service with forfeiture of retirement benefits, except accrued leave credits, and with prejudice to re-employment in any branch or instrumentality of the government. Considering however that on June 10, 2008, Dela Cruz had already resigned from the service "which the Court accepted without prejudice to the continuation of his administrative cases,"9 the OCA recommended that Dela Cruz s benefits, except accrued leave credits, be forfeited, with prejudice to re-employment in any government instrumentality.

Our Ruling

As regards the November 25, 2005 Order in Criminal Case No. 5744-96, it is undisputed that it was belatedly served by Dela Cruz only on March 23, 2006, or three months and 14 days after he received the same on December 9, 2005. However, Dela Cruz maintains that he was not remiss in his tasks despite such delay considering his heavy workload and the fact that the parties received copies of the Order three days before the scheduled hearing.

"The duty of a process server is vital to the administration of justice. A process server s primary duty is to serve court notices which precisely requires utmost care on his part by ensuring that all notices assigned to him are duly served on the parties."10 "Unjustified delay in performing this task constitutes neglect of duty and warrants the imposition of administrative sanctions."11ςrνll

Dela Cruz adverted to "heavy workload" as the cause of the delay in the service of the Order. During the hearing before the Investigating Judge, he contended that he has "too many subpoenas and processes"12 to serve. He also alleged that he is the only Process Server assigned in the sala of Judge Dalmacio-Joaquin13 and that he is serving 59 barangays of San Jose Del Monte City.14ςrνll

We find such an excuse unsatisfactory. "All employees in the judiciary should be examples of responsibility, competence and efficiency."15 As Process Server, Dela Cruz ought to be aware of the importance to serve the court processes with dispatch. "It is through the process server that defendants learn of the action brought against them by the complainant. More important, it is also through the service of summons by the process server that the trial court acquires jurisdiction over the defendant. It is therefore important that summonses, other writs and court processes be served expeditiously."16 Besides, "heavy workload x x x is not an adequate excuse to be remiss in the diligent performance of one s public duties as a public servant. Otherwise, every government employee charged with negligence and dereliction of duty will always use this as a convenient excuse to escape punishment to the great prejudice of public service."17 In this instance, we find Dela Cruz guilty of simple neglect of duty for the delay in the service of the subject Order.

As regards the returns filed relative to Criminal Case Nos. 04-0488 and 04-0489, No. 04-0483 and No. 05-0213, we agree with both the Investigating Judge and the OCA that the same contained erroneous entries. In Criminal Case Nos. 04-0488 and 04-0489, Dela Cruz stated in his return that the accused was no longer residing at her stated address. However, this was denied by the accused herself who appeared in court during trial and declared that she has not transferred residence. In Criminal Case No. 04-0483, Dela Cruz likewise stated in his return that the accused could no longer be found at his given address and that his house was already demolished. During the pre-trial, however, the complainant appeared and manifested that accused is his neighbor; that he has not transferred residence; and that his house is still standing on the subject property. In Criminal Case No. 05-0213, two of the accused therein belied Dela Cruz s claim that they were no longer residing at their given address.

However, we do not agree with the OCA that the above infractions amount to dishonesty. "This Court has defined dishonesty as the 'disposition to lie, cheat, deceive, or defraud; untrustworthiness; lack of integrity; lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray.'"18 "[D]ishonesty x x x is not simply bad judgment or negligence. Dishonesty is a question of intention. In ascertaining the intention of a person accused of dishonesty, consideration must be taken not only of the facts and circumstances which gave rise to the act committed by the respondent, but also of his state of mind at the time the offense was committed, the time he might have had at his disposal for the purpose of meditating on the consequences of his act, and the degree of reasoning he could have had at that moment."19ςrνll

We agree with the observation of the Investigating Judge that Dela Cruz did not deliberately or intentionally make such erroneous entries. As Dela Cruz explained, he merely relied on the persons whom he interviewed when he went to the given addresses. We are inclined to give credence to said explanation considering that no ill-motive, malice or corruption was imputed upon Dela Cruz. It was never alleged, much less established, that Dela Cruz was impelled by some evil design or corrupt motives to commit said errors or to favor any party or litigant. Hence, we find him guilty only of negligence in the the performance of his tasks, and not of dishonesty. Much as we empathize with Dela Cruz considering his heavy workload, the same however is an unacceptable excuse20 for him not to exercise prudence and care in verifying the information relayed to him.

Finally, anent the failure of Dela Cruz to submit his explanation pursuant to the show cause orders of Judge Dalmacio-Joaquin, we find the same understandable under the circumstances. The records show that Dela Cruz received the show cause orders on March 22, 2006.21 In Criminal Case Nos. 04-0488 and 04-0489, he was given three days from receipt, or until March 25, 2006 within which to submit his explanation. In Criminal Case No. 04-0483 and Criminal Case No. 05-0213, he was given five days from receipt, or until March 27, 2006 within which to submit his compliance. In the interim, Dela Cruz received from this Court a copy of the Resolution in A.M. OCA IPI No. 05-2299 admonishing him for failing to attach copies of the return of service to the records of the case. Notwithstanding the foregoing, Judge Dalmacio-Joaquin did not afford him much leeway as the former immediately filed before this Court on March 29, 2006 the instant complaint. Thus, we can only surmise that Dela Cruz's failure to submit his explanation was not intentional or willful but that he was merely overtaken by the turn of the events.

Notably, this is not the first time that Dela Cruz has been administratively charged. In A.M. OCA IPI No. 05-2299-P, per Resolution22 dated February 20, 2006, the Court admonished and warned Dela Cruz it appearing that "he committed occasional errors and failed to attach copies of the return of service to the records of the cases." Note, however, that admonition and warning are not considered as penalties.23 On the other hand, in A.M. No. P-07-2321, the Court found him guilty of insubordination because he walked out during a meeting with his chief of office and co-employees and ignored his superior s directive to return so they could finish their discussion.24 In addition, he was found guilty of misconduct for verbally abusing his co-employees and reporting for work drunk.25 For said infractions, he was meted the penalty of suspension of one year without pay, with stern warning that a repetition of similar or analogous infractions shall be dealt with more severely. However, during the pendency of this case, Dela Cruz resigned from service.

In sum, we find Dela Cruz guilty not of dishonesty but only of simple neglect of duty which is defined as "the failure of an employee to give proper attention to a required task or to discharge a duty due to carelessness or indifference."26 Considering his 24 years of service in the judiciary and his health condition,27 as well as the fact that no prejudice was caused to the party-litigants in the above-mentioned cases as they were all able to attend the scheduled hearings, we deem it proper to impose upon Dela Cruz the penalty of suspension of three months.28 However, in view of Dela Cruz's resignation on June 10, 2008, forfeiture of his salaries for three months should instead be imposed in lieu of suspension, to be deducted from whatever benefits he may be entitled to under existing laws.

wherefore, premises considered, NICOMEDES DELA CRUZ, former Process Server, Municipal Trial Court in Cities, San Jose del Monte, Bulacan, is hereby found GUILTY of Simple Neglect of Duty. His salaries for three months are ordered FORFEITED to be deducted from whatever benefits he may be entitled to under existing laws.

SO ORDERED.

Endnotes:


1 Rollo, pp. 1-2.

2 Id. at 17-18.

3 Id. at 52.

4 Id. at 171-176.

5 Id. at 175.

6 Id.

7 Id. at 469.

8 Id. at 470-474.

9 Id. at 472.

10 Rodrigo-Ebron v. Adolfo, A.M. No. P-06-2231, April 27, 2007, 522 SCRA 286, 291.

11 Musni v. Morales, 373 Phil. 703, 705 (1999).

12 TSN, February 20, 2008, pp. 4-18; rollo, pp. 388-403.

13 TSN, January 16, 2008, p. 23; id. at 355.

14 Id. at 22-23; id. at 354-355.

15 Aquino v. Lavadia, 417 Phil. 770, 776 (2001).

16 Musni v. Morales, supra note 11 at 709.

17 Ongkiko, Kalaw, Dizon, Panga and Velasco Law Offices v. Sangil-Makasiar, 326 Phil. 31, 37 (1996).

18 Re: Administrative Case for Dishonesty Against Elizabeth Ting, 502 Phil. 264, 276-277 (2005).

19 Re: Anonymous Complaint Against Ms. Hermogena F. Bayani for Dishonesty, A.M. No. 2007-22-SC, February 1, 2011, 641 SCRA 220, 223-224.

20 Aquino v. Lavadia, supra note 15.

21 Rollo, pp. 13-14, 16.

22 Id. at 29.

23 Re: Anonymous Complaint Against Ms. Hermogena F. Bayani for Dishonesty, supra note 19 at 225.

24 Dalmacio-Joaquin v. Dela Cruz, A.M. No. P-07-2321, April 24, 2009, 586 SCRA 344, 349.

25 Id. at 349-350.

26 Office of the Court Administrator v. Gaspar, A.M. No. P-07-2325, February 28, 2011, 644 SCRA 378, 382. See also Office of the Court Administrator v. Garcia-Rañoco, A.M. No. P-03-1717, March 6, 2008, 547 SCRA 670, 673-674.

27 See Letter of Resignation, rollo, p. 152.

28 See Uniform Rules on Administrative Cases in the Civil Service, Rule IV, Section 52(B)(1).

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  • [A.M. No. P-06-2186 (Formerly A.M. OCA I.P.I. No. 05-2256-P), July 03, 2012] FILOMENA B. CONSOLACION, COMPLAINANT, VS. LYDIA S. GAMBITO, COURT STENOGRAPHER, MUNICIPAL CIRCUIT TRIAL COURT, BINALONAN, PANGASINAN, RESPONDENT. [A.M. NO. P-12-3026 (FORMERLY A.M. OCA I.P.I. NO. 05-2081-P) ] JUDGE EMMA S. INES-PARAJAS, COMPLAINANT, VS. LYDIA S. GAMBITO, COURT STENOGRAPHER, MUNICIPAL CIRCUIT TRIAL COURT, BINALONAN, PANGASINAN, RESPONDENT.

  • [G.R. No. 175123 : July 04, 2012] MOLDEZ REALTY INC. AND ANSELMO AGERO, PETITIONERS, VS. SPOUSES RICARDO J. VILLABONA AND GILDA G. VILLABONA, AND EDUARDO J. VILLABONA, RESPONDENTS.cralaw

  • [A.M. No. P-12-3067 [formerly A.M. OCA IPI No. 10-3400-P], July 04, 2012] RHEA AIRENE P. KATAGUE, RODOLFO E. KATAGUE, RONA SALVACION K. DELA, COMPLAINANTS, VS. JERRY A. LEDESMA, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 48, BACOLOD CITY, RESPONDENT.cralaw

  • [G. R. No. 161090 : July 04, 2012] SPOUSES ROMEO LL. PLOPENIO AND ROSIELINDA PLOPENIO REPRESENTED BY GAVINO PLOPENIO, PETITIONERS, VS. DEPARTMENT OF AGRARIAN REFORM AND LAND BANK OF THE PHILIPPINES, RESPONDENTS. [G.R. NO. 161092] EDUARDO LL. PLOPENIO REPRESENTED BY GAVINO PLOPENIO, PETITIONER, VS. DEPARTMENT OF AGRARIAN REFORLVI AND LAND BANK OF THE PHILIPPINES, RESPONDENTS.cralaw

  • G.R. No. 192885 : July 04, 2012] SUBIC BAY METROPOLITAN AUTHORITY, PETITIONER, VS. HONORABLE COURT OF APPEALS AND SUBIC INTERNATIONAL HOTEL CORPORATION, RESPONDENTS.

  • [G.R. No 176556 : July 04, 2012] BRIGIDO B. QUIAO, PETITIONER, VS. RITA C. QUIAO, KITCHIE C. QUIAO, LOTIS C. QUIAO, PETCHIE C. QUIAO, REPRESENTED BY THEIR MOTHER RITA QUIAO, RESPONDENTS.cr

  • [G.R. No. 189755 : July 04, 2012] EMETERIA LIWAG, PETITIONER, VS. HAPPY GLEN LOOP HOMEOWNERS ASSOCIATION, INC., RESPONDENT.cralaw

  • [G.R. No. 182059 : July 04, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CAMILO D. NICART AND MANUEL T. CAPANPAN, ACCUSED-APPELLANTS.cra

  • [G.R. No. 183260 : July 04, 2012] PHILIPPINE SPORTS COMMISSION, CESAR PRADAS, NOEL ELNAR, EMERENCIANA SAMSON, CESAR ABALON, JULIA LLANTO, EDGARDO MATEO AND ERIC BUHAIN, PETITIONERS, VS. DEAR JOHN SERVICES, INC., RESPONDENT.cralaw

  • [G.R. No. 184482 : July 04, 2012] BETHEL REALTY AND DEVELOPMENT CORPORATION, PETITIONER, VS. HOUSING AND LAND USE REGULATORY BOARD, AND SPOUSES MARJORIE AND NEMESIO VISAYA, RESPONDENTS.cra

  • [G.R. No. 175851 : July 04, 2012] EMILIA LIM, PETITIONER, VS. MINDANAO WINES & LIQUOR GALLERIA, A SINGLE PROPRIETORSHIP BUSINESS OUTFIT OWNED BY EVELYN S. VALDEVIESO, RESPONDENT.cralaw

  • [G.R. No. 172438 : July 04, 2012] METROPOLITAN CEBU WATER DISTRICT, PETITIONER, VS. MACTAN ROCK INDUSTRIES, INC., RESPONDENT.cralaw

  • [G.R. No. 172035 : July 04, 2012] FERNANDO Q. MIGUEL, PETITIONER, VS. THE HONORABLE SANDIGANBAYAN, RESPONDENT.cralaw

  • [G.R. No. 171050 : July 04, 2012] FAR EAST BANK AND TRUST COMPANY (NOW BANK OF THE PHILIPPINE ISLANDS), PETITIONER, VS. TENTMAKERS GROUP, INC., GREGORIA PILARES SANTOS AND RHOEL P. SANTOS, RESPONDENTS.cralaw

  • [G.R. No. 172418 : July 09, 2012] NEMESIO V. SAYCON (DECEASED), SUBSTITUTED BY HIS HEIRS, JOVEN V. SAYCON AND SPOUSE EILLEN G. SAYCON; REY V. SAYCON AND SPOUSE PACITA S. SAYCON; ARNOLD V. SAYCON AND SPOUSE EVANGELINE D. SAYCON; JEOFFREY V. SAYCON AND SPOUSE ROCHEL M. SAYCON; AND CHARLIE V. SAYCON, PETITIONERS, VS. ANACLETA BAROT VDA. DE TULABING, DIONISIO B. TULABING, ARCADIA B. TULABING, BALDOMERO B. TULABING, CARMEN TULABING, JULIA B. TULABING, HILARION BELIDA, JOEL B. TULABING, PACITA TULABING, NICOLAS B. TULABING, HENIA TULABING, VICTORIA B. TULABING, ARMANDO DEVIRA AND BENITA B. TULABING, RESPONDENTS.

  • [A.M. No. P-06-2241 (Formerly OCA IPI No. 06-2422-P), July 10, 2012] JUDGE PELAGIA DALMACIO- JOAQUIN, COMPLAINANT, VS. NICOMEDES DELA CRUZ, PROCESS SERVER, MUNICIPAL TRIAL COURT IN CITIES, SAN JOSE DEL MONTE, BULACAN, RESPONDENT.

  • [G. R. No. 174893 : July 11, 2012] FLORDELIZA MARIA REYES RAYEL, PETITIONER, VS. PHILIPPINE LUEN THAI HOLDINGS, CORPORATION/L&T INTERNATIONAL GROUP PHILIPPINES, INC., RESPONDENTS.cra

  • [G.R. No. 170038 : July 11, 2012] CHINA BANKING CORPORATION, PETITIONER, VS. SPS. HARRY CIRIACO AND ESTHER CIRIACO, RESPONDENTS.

  • [G.R. No. 169957 : July 11, 2012] NATIONAL POWER CORPORATION, PETITIONER, VS. SPS. FLORIMON V. ILETO AND ROWENA NOLASCO, SPS. SERAFIN VALERO AND TERESITA GONZALES, SPS. CORNELIO VALDERAMA AND REMEDIOS CRUZ, SPS. ALEJANDRINO VALDERAMA AND TEODORA STA. MARIA, RENATO VALDERAMA, ALL REPRESENTED BY SPS. CORNELIO VALDERAMA AND REMEDIOS CRUZ; HEIRS OF APOLONIO DEL ROSARIO, REPRESENTED BY RICARDO DEL ROSARIO; DANILO BRILLO, WLLFREDO BRILLO, REYNALDO BRILLO, THELMA BRILLO BORDADOR, AND MA. VICTORIA BRILLO VILLARICO, REPRESENTED BY DANILO BRILLO; SPS. RUDY AND MODESTA VELASCO; ROSEMARIE FUKUSUMI (VENDEE)/ DANILO HERRERA (VENDOR); HEIRS OF SOFIA MANGAHAS VDA. DE SILVA, ROGELIO DE SILVA, APOLONIA DE SILVA GENER, AND LUCIO DE SILVA, ALL REPRESENTED BY ROGELIO DE SILVA; AND, FRANCISCA MATEO-EUGENIO, RESPONDENTS. [G.R. NO. 171558 ] DANILO BRILLO, WILFREDO BRILLO, LAURO BRILLO, REYNALDO BRILLO, THELMA BRILLO BORDADOR, THE MINOR RIKKA OLGA VILLARICO, KRISTIAN GERALD VILLARICO, DEAN MARBIEN VLLLARICO, HEREIN REPRESENTED BY THEIR LEGAL GUARDIAN WILFREDO BRILLO, PETITIONERS, VS. NATIONAL POWER CORPORATION, RESPONDENT.cralaw

  • [G.R. No. 167732 : July 11, 2012] TEAM PACIFIC CORPORATION, PETITIONER, VS. JOSEPHINE DAZA IN HER CAPACITY AS MUNICIPAL TREASURER OF TAGUIG, RESPONDENT.

  • [G.R. No. 198588 : July 11, 2012] UNITED MERCHANTS CORPORATION, PETITIONER, VS. COUNTRY BANKERS INSURANCE CORPORATION, RESPONDENT.cralaw

  • [G.R. No. 178477 : July 16, 2012] HEIRS OF RAMON B. GAYARES, REPRESENTED BY EMELINDA GAYARES AND RHAYAN GAYARES IN THEIR CAPACITY AS LEGAL HEIRS OF THE LATE RAMON GAYARES, PETITIONERS. VS. PACIFIC ASIA OVERSEAS SHIPPING CORPORATION, AND KUWAIT OIL TANKER, CO., S.A.K., RESPONDENTS.

  • [G.R. No. 170071 : July 16, 2012] HEIRS OF JOSE MARCIAL K. OCHOA NAMELY: RUBY B. OCHOA MICAELA B. OCHOA AND JOMAR B. OCHOA, PETITIONER, VS. G & S TRANSPORT CORPORATION, RESPONDENT. [G.R. NO. 170125] G & S TRANSPORT CORPORATION, PETITIONER, VS. HEIRS OF JOSE MARCIAL K. OCHOA NAMELY: RUBY B. OCHOA, MICAELA B. OCHOA AND JOMAR B. OCHOA, RESPONDENTS.

  • A.C. No. 6910 - Isaac C. Basilio, Perlita Pedrozo and Jun Basilio v. Atty. Virgil R. Castro

  • A.C. No. 6622 - Manuel G. Villatuya v. Atty. Bede S. Tabalingcos

  • A.C. No. 7360 - Atty. Policarpio I. Catalan, Jr. v. Atty. Joselito M. Silvosa

  • A.M. No. 11-7-10-SC - Re: COA Opinion on the Computation of the Appraised Value of the Properties Purchased by the Retired Chief/Associate Justices of the Supreme Court

  • A.M. No. MTJ-10-1770 Formerly A.M. OCA IPI No. 10-2255-MTJ - Office of Administrative Services-Office of the Court Administrator v. Judge Ignacio B. Macarine, MCTC, Gen. Luna, Surigao del Norte

  • A.M. No. MTJ-11-1779 Formerly A.M. OCA IPI No. 09-2191-MTJ - Murphy Chu, et al. v. Hon. Mario B. Capellan, Assisting Judge, MeTC, Br. 40, Quezon City

  • A.M. No. MTJ-12-1804 Formerly A.M. OCA I.P.I. No. 09-2179-MTJ - City Prosecutor Armando P. Abanado v. Judge Abraham A. Bayona, Municipal Trial Court in Cities, Branch 7, Bacolod City

  • A.M. No. P-06-2186 Formerly A.M. OCA I.P.I. No. 05-2256-P and A.M. No. P-12-3026 Formerly A.M. OCA I.P.I. No. 05-2081-P - Filomena B. Consolacion v. Lydia S. Gambito, Court Stenographer, MCTC, Binalonan, Pangasinan/Judge Emma S. Ines-Parajas v. Lydia S. Gambito, Court Stenographer, MCTC, Binalonan, Pangasinan

  • A.M. No. P-06-2241 Formerly OCA IPI No. 06-2422-P - Judge Pelagia Dalmacio-Joaquin v. Nicomedes Dela Cruz, Process Server, Municipal Trial Court in Cities, San Jose del Monte, Bulacan

  • A.M. No. P-06-2246 Formerly OCA I.P.I. No. 05-2287-P - Lambayong Teachers and Employees Cooperative, represented in this act by its Manager, Gudelio S. Valeroso v. Carlos P. Diaz, in his capacity as Sheriff IV, RTC, Branch 20, Tacurong City

  • A.M. No. P-09-2647 - Office of the Court Administrator v. Lunalinda M. Peradilla, Clerk of Court II, MCTC, E1 Nido-Linapacan, Palawan

  • A.M. No. P-11-2952 Formerly A.M. OCA I.P.I. No. 10-3502-P - Anecita Panaligan v. Clerk of Court II Ethelda B. Valente, Municipal Circuit Trial Court, Patno gon, Antique

  • A.M. No. P-11-2965 Formerly OCA I.P.I. No. 08-3029-P and A.M. No. P-10-2752 Formerly A.M. No. 09-1 0-173-MTC - Commission on Audit, represented by Atty. Francisco R. Velasco v. Arlene B. Asetre, Clerk of Court, MTC, Ocampo, Camarines Sur/Re: Financial Audit conducted in the MTC, Ocampo, Camarines Sur

  • A.M. No. P-11-2983 Formerly OCA l.P.I. No. 10-3439-P - Ruby C. Campomanes v. Nancy S. Violon, Clerk of Court IV, Municipal Trial Court in Cities, Office of the Clerk of Court, Oroquieta City

  • A.M. No. P-11-3024 - Office of the Court Administrator v. Ma. Irissa G. Musni, Court Legal Researcher II RTC, Judicial Region III, Branch 36, Gapan City, Nueva Ecija

  • A.M. No. P-12-3062 Formerly A.M. OCA IPI No. 11-3651-P - Normandy R. Bautista v. Marking G. Cruz, Sheriff IV, Regional Trial Court, Br. 53, Rosales, Pangasinan

  • A.M. No. P-12-3067 Formerly A.M. OCA IPI No. 10-3400-P - Rhea Airene P. Katague, et al. v. Jerry A. Ledesma, Sheriff IV, RTC, Br. 48, Bacolod City

  • A.M. No. RTJ-10-2257 - Criselda C. Gacad v. Judge Hilarion P. Clapis, Jr., RTC, Br. 3, Nabunturan, Compostela Valley

  • A.M. No. RTJ-12-2317 Formerly OCA I.P.I. No. 10-3378-RTJ - Atty. Felino U. Bangalan v. Judge Benjamin D. Turgano, RTC, Br. 15, Laoag City

  • B.M. No. 2112 - In Re: Petition to re-acquire the privelege to practive law in the Philippines

  • G.R. No. 132073 and G.R. NO. 132361 - Remman Enterprises, Inc. v. Hon. Ernesto D. Garilao in his capacity as Secretary of DAR, et al./Eduardo Adriano, et al. v. Court of Appeals, et al..

  • G.R. No. 153511 - Legend Hotel Manila, owned by Titatium Corporation, et al. v. Hernani S. Realuyo, also known as Joey Roa

  • G.R. No. 154952 - Hilarion F. Dimagiba, Irma Mendoza, and Ellen Rasco v. Julita Espartero, Ma. Berndardita L. Carreon and Melina San Pedro

  • G.R. No. 155680 - First Leverage and Services Group, Inc. v. Solid Builders, Inc.

  • G.R. No. 159746 - Spouses Ramon Mendiola and Araceli v. Pilipinas Shell Petroleum, et al.

  • G.R. No. 161090 and G.R. NO. 161092 - Sps. Romeo LL. Plopenio and Rosielinda Plopenio, etc. v. Department of Agrarian Reform, et al./Eduardo LL. Plopenio, etc. v. Department of Agrarian Reform, et al.

  • G.R. No. 167732 - Team Pacific Corporation v. Josephine Daza, etc.

  • G.R. No. 168771 - Roberto Dipad and Sandra Dipad v. Sps. Rolando Olivan and Brigida Olivan, and Rubio Guijon Madrigallo

  • G.R. No. 169272 - National Spiritual Assembly of the Baha'is of the Philippines, etc. v. Alfredo S. Pascual, in his capacity as the Regional Executive Director, DENR, Regional Office No. 02

  • G.R. No. 169957 and G.R. No. 171558 - National Power Corporation v. Sps. Florimon V. Lleto, et al./Danilo Brillo, et al. v. National Power Corporation

  • G.R. No. 170038 - China Banking Corporation v. Sps. Harry Ciriaco and Esther Ciriaco

  • G.R. No. 170071 and G.R. No. 170125 - Heirs of Jose Marcial K. Ochoa, namely: Ruby B. Ochoa, et al. v. G & S Transport Corporation/G & S Transport Corporation v. Heirs of Jose Marcial K. Ochoa, namely: Ruby B. Ochoa, et al.

  • G.R. No. 171050 - Far East Bank and Trust Company (now Bank of the Philippine Islands) v. Tentmakers Group, Inc., Gregoria Pilares Santos and Rhoel P. Santos

  • G.R. No. 171337 - Benjamin Cua (Cua Hian Tek) v. Wallem Philippines Shipping, Inc. and Advance Shipping Corporation

  • G.R. No. 171359, G.R. NO. 171755 and G.R. NO. 171776 - Benjamin A. Umipag v. People of the Philippines/Renato B. Palomo and Margie C. Mabitad v. People of the Philippines/Carmencita Fontanilla-Payabyab v. People of the Philippines

  • G.R. No. 171514 - Republic of the Philippines v. Domingo Espinosa

  • G.R. No. 172035 - Fernando Q. Miguel v. The Hon. Sandiganbayan

  • G.R. No. 172418 - Nemesio V. Saycon (deceased), substituted by his heirs, Joven V. Saycon and Spouse Eillen G. Saycon, et al. v. Anacieta Barot Vda. De Tulabing, Dionisio B. Tulabing, et al.

  • G.R. No. 172438 - Metropolitan Cebu Water District v. Mactan Rock Industries, Inc.

  • G.R. No. 172829 - Rosa H. Fenequito, Corazon E. Hernandez and Lauro H. Rodriguez v. Bernardo Vergara, Jr.

  • G.R. No. 173171 - Philippine Charity Sweepstakes Office (PCSO) v. New Dagupan Metro Gas Corporation, et al.

  • G.R. No. 174893 - Flordeliza Maria Reyes-Rayel v. Philippine Luen Thai Holdings Corporation, et al.

  • G.R. No. 175123 - Moldex Realty, Inc. and Anselmo Agero v. Sps. Ricardo J. Villabona and Gilda G. Villabona, and Eduardo J. Villabona

  • G.R. No. 175552 - Spouses Rolando D. Soller and Nenita T. Soller v. Heirs of Jeremias Ulayao, namely, Nelson Ulayao, Ferelyn Ulayao-Del Mundo, et al.

  • G.R. No. 175851 - Emilia Lim v. Mindanao Wines & Liqour Galleria a Single Proprietorship Business Outfit Owned by Evelyn S. Valdevieso

  • G.R. No. 176556 - Brigido B. Quia v. Rita C. Quiao, et al.

  • G.R. No. 176570 - Spouses Ramon Villuga and Mercedita Villuga v. Kelly Hardware and Construction Supply Inc., represented by Ernesto V. Yu, Executive Vice-President and General Manager

  • G.R. No. 178477 - Heirs of Ramon B. Gayares, represented by Emelinda Gayares, et al. v. Pacific Asia Overseas Shipping Corp. and Kuwait Oil Tanker S.A.K.

  • G.R. No. 179265 - People of the Philippines v. Cristina Gustafsson

  • G.R. No. 180027 - Republic of the Philippines v. Michael C. Santos, et al., etc.

  • G.R. No. 179545 - Engr. Emelyne P. Cayetano, et al. v. Colegio De San Juan De Letran-Calamba

  • G.R. No. 180036 - Situs Development Corporation, et al. v. Asiatrust Bank, et al.

  • G.R. No. 180245 - Philippine International Air Terminals Co., Inc. v. Tekanaka Corporation and Asahikosan Corporation

  • G.R. No. 181250 - People of the Philippines v. Emmalyn Dela Cerna y Quindao @ "Inday", et al., accused; Regie Medenceles y Istil

  • G.R. No. 181491 - People of the Philippines v. Henry Arcillas

  • G.R. No. 181995 - Bibiano C. Elegir v. Philippine Airlines, Inc.

  • G.R. No. 182059 - People of the Philippines v. Camilo D. Nicart and Manuel T. Capanpan

  • G.R. No. 182069 - Arnold D. Vicencio v. Hon. Reynaldo A. Villar, et al.

  • G.R. No. 183260 - Philippine Sports Commission, Cesar Pradas, Noel Elnar, Emereciana Samson, Cesar Abalon, Julia Llanto, Edgardo Mateo and Eric Buhain v. Dear John Services, Inc.

  • G.R. No. 183573 - Dizon Copper Silver Mines, Inc. v. Dr. Luis D. Dizon

  • G.R. No. 183987 - Asiatrust Development Bank v. Carmelo H. Tuble

  • G.R. No. 184300 - Malayan Insurance Co., Inc. v. Philippine First Insurance, Co., Inc., et al.

  • G.R. No. 184482 - Bethel Realty and Development Corporation v. Housing and Land Use Regulatory Board, et al.

  • G.R. No. 185460 - Edwin Fajardo and Reynaldo Coralde v. People of the Philippines

  • G.R. No. 185491 - Julieta E. Bernardo v. Andrew L. Tan

  • G.R. No. 185527 - Harry L. Go, Tonny Ngo Jerry Ngo and Jane Go v. The People of the Philippines and Highdone Company, Ltd., et al.

  • G.R. No. 185806 - Generoso Abellanosa, et al. v. Commission on Audit and National Housing Authority

  • G.R. No. 187298 - Jamar M. Kulayan, et al. v. Gov. Abdusakur M. Tan etc., et al.

  • G.R. No. 187316 - Wonder Book Corporation v. Philippine Bank of Communications

  • G.R. No. 188612 - People of the Philippines v. Diosdado Camat and Mamerto Dulay

  • G.R. No. 189041 - Civil Service Commission v. Dr. Agnes Quida P. Yu

  • G.R. No. 189082 - Josephine Ruiz v. Wendel Osaka Realty Corp., et al.

  • G.R. No. 189755 - Emeteria Liwag v. Happy Glen Loop Homeowners Association, Inc.

  • G.R. No. 189767 - Philippine Econimic Zone Authority (PEZA) v. Commission on Audit and Reynaldo A. Villar, Chairman, Commission on Audit

  • G.R. No. 190102 - Accenture, Inc. v. Commissioner of Internal Revenue

  • G.R. No. 191109 - Republic of the Philippines, represented by the Philippine Reclamation Authority (PRA) v. City of Para aque

  • G.R. No. 192250 - People of the Philippines v. Hermogenes De Guzman @ Mong

  • G.R. No. 192377 - Cesar V. Madriaga, Jr. v. China Banking Corporation

  • G.R. No. 192450 - Santiago V. Soquillo v. Jorge P. Tortola

  • G.R. No. 192591 - Efren L. Alvarez v. People of the Philippines

  • G.R. No. 192885 - Subic Bay Metropolitan Authority v. Honorable Court of Appeals and Subic International Hotel Corporation

  • G.R. No. 192999 - Diamond Farms, Inc. v. Diamond Farm Workers Multi-Purpose Cooperative, Eliseo Emanel, Voltaire Lopez, Ruel Romero, Patricio Capricio, Ernesto Fatallo, Zosimo Gomez and 100 John Doeste1

  • G.R. No. 193089 - Rose a Fontelar Ogawa v. Elizabeth Gache Menigishi

  • G.R. No. 193636 - Marynette R. Gamboa v. P/Ssupt. Marlou C. Chan, etc., et al.

  • G.R. No. 193679 - C.F. Sharp Crew Management, Inc., et al. v. Joel D. Taok

  • G.R. No. 194581 - People of the Philippines v. Danilo Mirasol Agustin, et al., accused; Danilo Mirasol Agustin, accused-appellant

  • G.R. No. 194608 - People of the Philippines v. Antonio Baraoil

  • G.R. No. 194785 - Virgilio S. David v. Misamis Occidental II Electric Cooperative, Inc.

  • G.R. No. 194945 - People of the Philippines v. Alex Watamama y Esil @ Alex

  • G.R. No. 195770 - Aquilino Q. Pimentel, Jr., Sergio Tadeo and Nelson Alcantara v. Executive Secretary Paquito N. Ochoa and Secretary Corazon Juliano-Soliman of the Department of Social Welfare and Development

  • G.R. No. 196425 - Prospero A. Pichay, Jr. v. Office of the Deputy Executive Secretary for Legal Affairs-Investigative and Adjudicatory Division, et al.

  • G.R. No. 198554 - Major General Carlos F. Garcia, AFP (Ret.) v. The Executive Secretary, representing the Office of the President; The Secretary of National Defense Voltaire T. Gazmin; The Chief of Staff, Armed Forces of the Philippines, Gen. Eduardo SL. Oban, Jr., and Lt. Gen. Gaudencio S. Pangilinan, AFP (Ret.) Director, Bureau of Corrections

  • G.R. No. 198585 - Republic of the Philippines v. Metro Index Realty and Development Corporation

  • G.R. No. 198588 - United Merchants Corporation v. Country Bankers Insurance Corporation

  • G.R. No. 198589 - People of the Philippines v. The Honorable Court of Appeals, Fourt Division and Julieta G. Ando

  • G.R. No. 198860 - Abraham Rimando v. Naguilan Emission Testing Center, Inc., etc., et al.

  • G.R. No. 200242 - Chief Justice Renato C. Corona v. Senate of the Philippines sitting as an Impeachment Court, BPI, Phil. Savings Bank, et al.

  • G.R. No. 200922 - People of the Philippines v. Cesar Concepcion y Bulanio