Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2012 > March 2012 Decisions > [G.R. No. 183449 : March 12, 2012] ALFREDO JACA MONTAJES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. :




THIRD DIVISION

[G.R. No. 183449 : March 12, 2012]

ALFREDO JACA MONTAJES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

D E C I S I O N


PERALTA, J.:

Assailed in this petition for review on certiorari are the Resolutions dated  September 21, 2007[1] and May 19, 2008 [2] of  the Court of Appeals  (CA)  issued in CA-G.R. CR No.  00410 which dismissed the petition for review filed by petitioner Alfredo Jaca Montajes for being filed out of time, and denied reconsideration thereof, respectively.cralaw

In an Information[3] dated June 5, 2003, petitioner was charged with the crime of Direct Assault before the Municipal Trial Court  (MTC) of  Buenavista,  Agusan del Norte, the accusatory portion of which reads:

That on or about the 8th day of December, 2002, at 1:00 early morning, more or less, in Purok 10, Barangay Abilan, Buenavista, Agusan del Norte, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously attack, assault, and hack one JOSE B. RELLON, an elected Punong Barangay, while in the performance of his duties, and accused fully know that Jose B. Rellon is a Barangay Official, to the damage and prejudice of  said Jose B. Rellon.

CONTRARY TO LAW:  Article 148 of the revised Penal Code.[4]

When arraigned, petitioner pleaded not guilty to the charge.[5]

Thereafter, trial ensued.

The evidence of the prosecution and the defense is summarized by the MTC as follows:

To substantiate the alleged commission of the crime of direct assault by the accused, complaining witness Jose B. Rellon declared inter alia, that he has been the Barangay Captain of Barangay Abilan, Buenavista, Agusan del Norte since the year 2002. On December 8, 2002, at about 1:00 o'clock in the early morning, he was at the benefit dance sponsored by the Sangguniang Kabataan at Purok 4, Barangay Abilan, Buenavista, Agusan del Norte. He met accused Alfredo Montajes who uttered to him the words �YOU'RE A USELESS CAPTAIN.� Other words of similar import were likewise uttered by the accused against him which he could no longer recall. After uttering the said words, the accused then drew his bolo locally known as �lagaraw� and approached him. He then moved backward, but the accused came near to him and struck him once with the �lagaraw.� Luckily, complainant was not hit as he managed to move backward. Complainant's daughter named Vilma Dector and his wife, approached him and brought him home. Many people, including two (2) CVO (Rodelio Laureto and Victorio Trinquite), witnessed the incident.

During the mediation in the barangay hall, an investigation was conducted. The accused, according to the complainant, asked for forgiveness from him which he declined, as he was of the impression that the law must be applied and the accused should instead ask for forgiveness in court.

As proof that the accused asked for forgiveness, complainant presented a document (Exh. �B�) to that effect.

Complainant had the incident blottered at the police station as evidenced by an extract thereof.

On cross-examination, complainant testified that he went to the benefit dance to stop it since it was already 1:00 o'clock in the early morning and the benefit dance was still going on when it was supposed to end at 12:00 o'clock midnight as the permit he gave was only up to 12:00 o'clock midnight. As a result of the stoppage of the benefit  dance,  many persons got angry, and he heard that the house of the accused was stoned which made the accused angry.  In fact, he saw  the accused murmuring as his house was stoned by unknown persons. When the accused came near to him, the former did not ask for assistance from him.

Prosecution witness Rodelio Laureto corroborated the declaration of the complainant that it was the accused who hacked the complainant with the use of a �lagaraw,� but failed to hit him.

Accused Alfredo Montajes testified that in the evening of December 7, 2002, he was at home listening to the disco as there was a benefit dance near their house. The benefit dance started at 7 o'clock in the evening and ended at 1 o'clock in the early morning of December 8, 2002 when it was stopped by Barangay Captain Jose Rellon. It was then that trouble started because many of those who have paid but were not anymore allowed to dance complained to the Barangay Captain and requested that they be given one more music so that they could avail for what they have paid for on that benefit dance, as they were not refunded with their payments.  When this protest went on, the CVO's reacted by clubbing them using their jackets. Then a stoning incident followed. One of those hit by stones was his house. This made him wild prompting him to get his �lagaraw� to look for the people responsible for stoning his house.  While looking for these persons along the road, he saw Barangay Captain Jose Rellon who was then two (2) meters away from him, and he responded by telling him that he was looking for those persons responsible for the stoning of his house. The complainant wanted to get the �lagaraw� from him but he refused.

The accused explained, when confronted with a document (Exh. �B�) wherein it was stated that he asked for apology from the Barangay Captain during the barangay level conciliation, that it was for the sole purpose of not elevating this case and that they would settle amicably.

The accused also vehemently denied the accusation that he attacked the barangay captain.

Defense witness Luis A. Cajeles, Jr., a Barangay Kagawad of Barangay Abilan, Buenavista, Agusan del Norte, testified that at about 1:00 o'clock in the early dawn of December 8, 2002, he heard of stoning and shouting, in fact the window grill of his house was hit and he heard the people in panic. As a barangay kagawad assigned to the Peace and Order Committee, he went out immediately from his house and went to the road across the basketball court where the stoning was. He then saw accused Alfredo Montajes holding a bolo. The accused was shouting that he was looking for the persons who stoned his house. He also witnessed that the barangay captain asked the accused why he was bringing a bolo and the accused replied that he was looking for the persons who stoned his house. He did not know what else happened because he tried to drive the teenagers to their homes, because it was already very late in the evening.

On cross-examination, he declared that the accused asked for forgiveness during the confrontation at the Barangay because of the disturbance he made to the barangay captain and to the community because some people were in panic as he was bringing a bolo, and not for attacking  the Barangay Captain.

Anatolio Lozada Bangahon, another defense witness, testified that he saw the accused coming out from his house carrying a bolo, and when he asked him why he was bringing a bolo, the accused replied that he was going to look for the persons who stoned his house.  The accused was roaming around to look for the persons who stoned his house, but he was not looking after the Barangay Captain.[6]

On December 29, 2005, the MTC issued its Judgment[7] finding petitioner guilty of the crime of direct assault.  The dispositive portion of the judgment reads:

WHEREFORE, the Court finds accused ALFREDO MONTAJES y JACA guilty beyond reasonable doubt of the crime of Direct Assault as defined and penalized under Art. 148 of the Revised Penal Code and hereby sentences him to suffer an indefinite prison term of FOUR (4) MONTHS AND ONE DAY of  arresto mayor in its maximum period, as minimum, to FOUR (4) YEARS, NINE MONTHS AND TEN DAYS of prision correccional in its medium period, as maximum, there being no mitigating or aggravating circumstance attending the commission of the offense charged. The accused is likewise ordered to pay a fine of ONE THOUSAND PESOS (P1,000.00) Philippine Currency, without subsidiary imprisonment in case of insolvency.[8]

On appeal, the Regional Trial Court (RTC), Branch 3, Butuan City,  rendered its  Decision[9] dated  January 23, 2007 affirming in toto the judgment of the  MTC.

Petitioner filed a motion for reconsideration which the RTC denied in an Order[10] dated May 4, 2007.

Petitioner filed with the CA a petition (should be motion)  for extension of time to file petition for review  under Rule 42 of the Rules of Court praying for an extended period of 15 days from May 21, 2007, or until June 5, 2007, within which to file his petition. Petitioner subsequently filed his petition for review on June 5, 2007.

On September 21, 2007, the CA issued its assailed Resolution dismissing the petition outright for being filed out of time. In so ruling, the CA said:

As borne by the records, the petitioner received the copy of the resolution denying his motion for reconsideration on May 4, 2007, Thus, the 15-day reglementary period within which to file a petition  for review expired on May 21, 2007 (Monday) considering that the last day fell on a Saturday, May 19, 2007. It appears that petitioner reckoned the extension from May 21, 2007 (Monday) and not from May 19, 2007 (Saturday).  Petitioner should have reckoned the 15-day extension from May 19, 2007 and not from May 21, 2007.  It is well settled that when the day of the period falls on a Saturday, Sunday, or a legal holiday, and a party is granted an extension of time, the extension should be counted from the last day which is a Saturday, Sunday or legal holiday.[11]

Petitioner's motion for reconsideration was denied in a Resolution dated May 19, 2008.

Petitioner is now before us on the issue of whether the CA erred in denying due course to his petition for review for being filed out of time.

Petitioner argues that he filed the motion for extension of time to file a petition for review with the CA pursuant to Section 1, Rule 22 of the Rules of Court; that based on such provision, if the last day to file a petition falls on a Saturday, the time shall not run until the next working day. Here, the last day of the reglementary period within which to file the said petition for review with the CA fell on a Saturday, thus, the last day to file the petition was moved to the next working day which was May 21, 2007, Monday. Hence, he was not wrong in asking the CA to give him 15 days from May 21, 2007 to file the petition and not from May 19, 2007, Saturday.  Nonetheless, petitioner asks for liberality in the interest of justice taking into consideration the merit of his petition claiming that his conviction was not supported by the evidence on record. Moreover, he claims that his petition for review was filed with the CA on June 5, 2007, which was long before the CA dismissed the same on September 21, 2007 for being filed out of time. He prays that the CA resolutions be reversed and set aside and the CA be directed to give due course to his petition and to resolve the case on the merits.

We grant the petition.

Section 1, Rule 22 of the Rules of Court relied upon by petitioner provides:

Section 1. How to compute time. � In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included.  If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next working day.

We then clarified the above-quoted provision when we issued A.M. No. 00-2-14-SC dated February 29, 2000 (Re: Computation of Time When the Last Day Falls on a Saturday, Sunday or a Legal Holiday and a Motion for Extension on Next Working Day is Granted) which reads:

x x x x

Whereas, the aforecited provision [Section 1, Rule 22 of the Rules of Court] applies in the matter of filing of pleadings in courts when the due date falls on a Saturday, Sunday or legal holiday, in which case, the filing of the said pleading on the next working day is deemed on time;

Whereas, the question has been raised if the period is extended ipso jure to the next working day immediately following where the last day of the period is a Saturday, Sunday or a legal holiday, so that when a motion for extension of time is filed, the period of extension is to be reckoned from the next working day and not from the original expiration of the period.

NOW THEREFORE, the Court Resolves, for the guidance of the Bench and the Bar, to declare that Section 1, Rule 22 speaks only of "the last day of the period" so that when a party seeks an extension and the same is granted, the due date ceases to be the last day and hence, the provision no longer applies. Any extension of time to file the required pleading should therefore be counted from the expiration of the period regardless of the fact that said due date is a Saturday, Sunday or legal holiday.

In De la Cruz v. Maersk Filipinas Crewing, Inc.,[12] we said:

Section 1, Rule 22, as clarified by the circular, is clear. Should a party desire to file any pleading, even a motion for extension of time to file a pleading, and the last day falls on a Saturday, Sunday or a legal holiday, he may do so on the next working day. This is what petitioner did in the case at bar.

However, according to the same circular, the petition for review on certiorari was indeed filed out of time. The provision states that in case a motion for extension is granted, the due date for the extended period shall be counted from the original due date, not from the next working day on which the motion for extension was filed. In Luz v. National Amnesty Commission, we had occasion to expound on the matter. In that case, we held that the extension granted by the court should be tacked to the original period and commences immediately after the expiration of such period.

In the case at bar, although petitioner's filing of the motion for extension was within the period provided by law, the filing of the petition itself was not on time. Petitioner was granted an additional period of 30 days within which to file the petition. Reckoned from the original period, he should have filed it on May 8, 2006. Instead, he did so only on May 11, 2006, that is, 3 days late.[13]

Based on Section 1, Rule 22 of the Rules of Court, where the last day of the period for doing any act required by law falls on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next working day. In this case, the original period for filing the petition for review with the CA was on May 19, 2007, a Saturday.  Petitioner's filing of his motion for extension of time to file a petition for review on May 21, 2007, the next working day which followed the last day for filing which fell on a Saturday, was therefore on time.  However, petitioner prayed in his motion for extension that he be granted 15 days from May 21, 2007 or up to June 5, 2007 within which to file his petition. He then filed his petition for review on June 5, 2007.  The CA did not act on the motion for extension, but instead issued a Resolution dated September 21, 2007 dismissing the petition for review for being filed out of time.

We find that the CA correctly ruled that the petition for review was filed out of time based on our clarification in A.M. No. 00-2-14-SC that the 15-day extension period prayed for should be tacked to the original period and commences immediately after the expiration of such period.[14]  Thus, counting 15 days from the expiration of the period which was on May 19, 2007, the petition filed on June 5, 2007 was already two days late. However, we find the circumstances obtaining in this case to merit the liberal application of the rule in the interest of justice and fair play.

Notably, the petition for review was already filed on June 5, 2007, which was long before the CA issued its Resolution dated September 21, 2007 dismissing the petition for review for being filed out of time.  There was no showing that respondent suffered any material injury or his cause was prejudiced by reason of such delay.  Moreover, the RTC decision which was sought to be reversed in the petition for review filed in the CA had affirmed the MTC judgment convicting petitioner of direct assault, hence, the petition involved no less than petitioner�s liberty.[15]   We do not find anything on record that shows petitioner's deliberate intent to delay the final disposition of the case as he had filed the petition for review within the extended period sought, although erroneously computed.  These circumstances should have been taken into consideration for the CA not to dismiss the petition outright.

We have ruled that being a few days late in the filing of the petition for review does not automatically warrant the dismissal thereof.[16]  And even assuming that a petition for review is filed a few days late, where strong considerations of substantial justice are manifest in the petition, we may relax the stringent application of technical rules in the exercise of our equity jurisdiction.[17]

Courts should not be so strict about procedural lapses that do not really impair the proper administration of justice.[18]  After all, the higher objective of procedural rule is to insure that the substantive rights of the parties are protected.[19]  Litigations should, as much as possible, be decided on the merits and not on technicalities. Every party-litigant must be afforded ample opportunity for the proper and just determination of his case, free from the unacceptable plea of technicalities.[20]cralaw

WHEREFORE, the petition is granted. The assailed Resolutions of the Court of Appeals are SET ASIDE.  The Court of Appeals is ORDERED to reinstate the Petition for Review filed by petitioner in CA-G.R. CR No. 00410.

SO ORDERED.

Velasco, Jr., (Chairperson), Abad, Mendoza, and Perlas-Bernabe, JJ., concur.

Endnotes:


[1] Penned by Associate Justice Rodrigo F. Lim, Jr., with Associate Justices Teresita Dy-Liacco Flores and Michael P. Elbinias, concurring; rollo, pp. 36-37.

[2] Penned by Associate Justice Rodrigo F. Lim, Jr., with Associate Justices Mario V. Lopez and Michael P. Elbinias, concurring; id. at 39-40.

[3] Records, p. 1.

[4] Id.

[5] Id. at 32.

[6] Rollo, pp. 73-75.

[7] Docketed as  Criminal Case No. 3626; per Judge Edgar G. Manilag; id. at 73-76.

[8] Id. at 76.

[9] Docketed as Criminal Case No. 11870; per Judge  Francisco F. Maclang; id. at  69-72.

[10] Id. at 77.

[11] Id. at 36-37.

[12] G.R. No. 172038, April 14, 2008, 551 SCRA 284.

[13] Id. at 293-294. (Citation omitted.)

[14] Luz v. National Amnesty Commission, G.R. No. 159708, September 24, 2004, 439 SCRA 111, 115.

[15] Fabrigar v. People, G.R. No. 150122, February 6, 2004, 422 SCRA 395, 402.

[16] De la Cruz v. Maersk Filipinas Crewing, Inc., supra note 12, at 294, citing Orata v. Intermediate Appellate Court, G.R. No. 73471, May 8, 1990, 185 SCRA 148, 152, citing Serrano v. Court of Appeals, G.R. No. L-46357, October 9, 1985, 139 SCRA 179. In Ramos v. Bagasao, No. L-51552, February 28, 1980, 96 SCRA 395, we held that the delay of four (4) days in filing a notice of appeal and a motion for an extension of time to file a record on appeal can be excused on the basis of equity with the additional consideration that said record was then already with respondent judge; citing Serrano v. CA, supra, at 186.

[17] Orata v. Intermediate Appellate Court, supra.

[18] Fabrigar v. People, supra note 15, at 402, citing  Ligon v. Court of Appeals, G.R. No. 107751, June 1, 1995, 244 SCRA 693.

[19] Id.

[20] Id.



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  • [G.R. No. 175924 : March 14, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ERLAND SABADLAB Y BAYQUEL, ACCUSED-APPELLANT.

  • [G.R. No. 193279 : March 14, 2012] ELEANOR DE LEON LLENADO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND EDITHA VILLAFLORES, RESPONDENTS.

  • [G.R. No. 155109 : March 14, 2012] C. ALCANTARA & SONS, INC., PETITIONER, VS. COURT OF APPEALS, LABOR ARBITER ANTONIO M. VILLANUEVA, LABOR ARBITER ARTURO L. GAMOLO, SHERIFF OF NLRC RAB-XI-DAVAO CITY, NAGKAHIUSANG MAMUMUO SA ALSONS-SPFL (NAMAAL-SPFL), FELIXBERTO IRAG, JOSHUA BARREDO, ERNESTO CUARIO, EDGAR MONDAY, EDILBERTO DEMETRIA, HERMINIO ROBILLO, ROMULO LUNGAY, MATROIL DELOS SANTOS, BONERME MATURAN, RAUL CANTIGA, EDUARDO CAMPUSO, RUDY ANADON, GILBERTO GABRONINO, BONIFACIO SALVADOR, CIRILO MINO, ROBERTO ABONADO, WARLITO MONTE, PEDRO ESQUIERDO, ALFREDO TROPICO, DANILO MEJOS, HECTOR ESTUITA, BARTOLOME CASTILLANES, EDUARDO CAPUYAN, SATURNINO CAGAS, ALEJANDRO HARDER, EDUARDO LARENA, JAIME MONTEDERAMOS, ERMELANDO BASADRE, REYNALDO LIMPAJAN, ELPIDIO LIBRANZA, TEDDY SUELO, JOSE AMOYLIN, TRANQUILINO ORALLO, CARLOS BALDOS, MANOLITO SABELLANO, CARMELITO TOBIAS, PRIMITIVO GARCIA, JUANITO ALDEPOLLA, LUDIVICO ABAD, WENCISLAO INGHUG, RICARDO ALTO, EPIFANIO JARABAY, FELICIANO AMPER, ALEXANDER JUDILLA, ROBERTO ANDRADE, ALFREDO LESULA, JULIO ANINO, BENITO MAGPUSAO, PEDRO AQUINO, EDDIE MANSANADES, ROMEO ARANETA, ARGUILLAO MANTICA, CONSTANCIO ARNAIZ, ERNESTO HOTOY, JUSTINO ASCANO, RICARDO MATURAN, EDILBERTO YAMBAO, ANTONIO MELARGO, JESUS BERITAN, ARSENIO MELICOR, DIOSDADO BONGABONG, LAURO MONTENEGRO, CARLITO BURILLO, LEO MORA, PABLO BUTIL, ARMANDO GUCILA, JEREMIAH CAGARA, MARIO NAMOC, CARLITO CAL, GERWINO NATIVIDAD, ROLANDO CAPUYAN, EDGARDO ORDIZ, LEONARDO CASURRA, PATROCINIO ORTEGA, FILEMON CESAR, MARIO PATAN, ROMEO COMPRADO, JESUS PATOC, RAMON CONSTANTINO, ALBERTO PIELAGO, SAMUEL DELA LLANA, NICASIO PLAZA, ROSALDO DAGONDON, TITO GUADES, BONIFACIO DINAGUDOS, PROCOPIO RAMOS, JOSE EBORAN, ROSENDO SAJOL, FRANCISCO EMPUERTO, PATRICIO SALOMON, NESTOR ENDAYA, MARIO SALVALEON, ERNESTO ESTILO, BONIFACIO SIGUE, VICENTE FABROA, JAIME SUCUAHI, CELSO HUISO, ALEX TAUTO-AN, SATURNINO YAGON, CLAUDIO TIROL, SULPECIO GAGNI, JOSE TOLERO, FERVIE GALVEZ, ALFREDO TORALBA AND EDUARDO GENELSA, RESPONDENTS. [G.R. NO. 155135] NAGKAHIUSANG MAMUMUO SA ALSONS-SPFL (NAMAAL-SPFL), FELIXBERTO IRAG, JOSHUA BARREDO, ERNESTO CUARIO, EDGAR MONDAY, EDILBERTO DEMETRIA, HERMINIO ROBILLO, ROMULO LUNGAY, MATROIL DELOS SANTOS, BONERME MATURAN, RAUL CANTIGA, EDUARDO CAMPUSO, RUDY ANADON, GILBERTO GABRONINO, BONIFACIO SALVADOR, CIRILO MINO, ROBERTO ABONADO, WARLITO MONTE, PEDRO ESQUIERDO, ALFREDO TROPICO, DANILO MEJOS, HECTOR ESTUITA, BARTOLOME CASTILLANES, EDUARDO CAPUYAN, SATURNINO CAGAS, ALEJANDRO HARDER, EDUARDO LARENA, JAIME MONTEDERAMOS, ERMELANDO BASADRE, REYNALDO LIMPAJAN, ELPIDIO LIBRANZA, TEDDY SUELO, JOSE AMOYLIN, TRANQUILINO ORALLO, CARLOS BALDOS, MANOLITO SABELLANO, CARMELITO TOBIAS, PRIMITIVO GARCIA, JUANITO ALDEPOLLA, LUDIVICO ABAD, WENCISLAO INGHUG, RICARDO ALTO, EPIFANIO JARABAY, FELICIANO AMPER, ALEXANDER JUDILLA, ROBERTO ANDRADE, ALFREDO LESULA, JULIO ANINO, BENITO MAGPUSAO, PEDRO AQUINO, EDDIE MANSANADES, ROMEO ARANETA, ARGUILLAO MANTICA, CONSTANCIO ARNAIZ, ERNESTO HOTOY, JUSTINO ASCANO, RICARDO MATURAN, EDILBERTO YAMBAO, ANTONIO MELARGO, JESUS BERITAN, ARSENIO MELICOR, DIOSDADO BONGABONG, LAURO MONTENEGRO, CARLITO BURILLO, LEO MORA, PABLO BUTIL, ARMANDO GUCILA, JEREMIAH CAGARA, MARIO NAMOC, CARLITO CAL, GERWINO NATIVIDAD, ROLANDO CAPUYAN, JUANITO NISNISAN, AURELIO CARIN, PRIMO OPLIMO, ANGELITO CASTANEDA, EDGARDO ORDIZ, LEONARDO CASURRA, PATROCINIO ORTEGA, FILEMON CESAR, MARIO PATAN, ROMEO COMPRADO, JESUS PATOC, RAMON CONSTANTINO, MANUEL PIAPE, ROY CONSTANTINO, ALBERTO PIELAGO, SAMUEL DELA LLANA, NICASIO PLAZA, ROSALDO DAGONDON, TITO GUADES, BONIFACIO DINAGUDOS, PROCOPIO RAMOS, JOSE EBORAN, ROSENDO SAJOL, FRANCISCO EMPUERTO, PATRICIO SALOMON, NESTOR ENDAYA, MARIO SALVALEON, ERNESTO ESTILO, BONIFACIO SIGUE, VICENTE FABROA, JAIME SUCUAHI, CELSO HUISO, ALEX TAUTO-AN, SATURNINO YAGON, CLAUDIO TIROL, SULPECIO GAGNI, JOSE TOLERO, FERVIE GALVEZ, ALFREDO TORALBA AND EDUARDO GENELSA, PETITIONERS, VS. C. ALCANTARA & SONS, INC., EDITHA I. ALCANTARA, ATTY. NELIA A. CLAUDIO, CORNELIO E. CAGUIAT, JESUS S. DELA CRUZ, ROLANDO Z. ANDRES AND JOSE MA. MANUEL YRASUEGUI, RESPONDENTS. [G.R. NO. 179220] NAGKAHIUSANG MAMUMUO SA ALSONS-SPFL (NAMAAL-SPFL), AND ITS MEMBERS WHOSE NAMES ARE LISTED BELOW, PETITIONERS, VS. C. ALCANTARA & SONS, INC., RESPONDENT.

  • [G.R. No. 151898 : March 14, 2012] RICARDO RIZAL, POTENCIANA RIZAL, SATURNINA RIZAL, ELENA RIZAL, AND BENJAMIN RIZAL, PETITIONERS, VS. LEONCIA NAREDO, ANASTACIO LIRIO, EDILBERTO CANTAVIEJA, GLORIA CANTAVIEJA, CELSO CANTAVIEJA, AND THE HEIRS OF MELANIE CANTAVIEJA, RESPONDENTS. D E C I S I O N

  • [G.R. No. 166216 : March 14, 2012] ROGELIO ABERCA, RODOLFO BENOSA, NESTOR BODINO, NOEL ETABAG, DANILO DELA FUENTE, BELEN DIAZ-FLORES, MANUEL MARIO GUZMAN, ALAN JASMINEZ, EDWIN LOPEZ, ALFREDO MANSOS, ALEX MARCELINO, ELIZABETH PROTACIO-MARCELINO, JOSEPH OLAYER, CARLOS PALMA, MARCO PALO, ROLANDO SALUTIN BENJAMIN SEGUNDO, ARTURO TABARA, EDWIN TULALIAN, AND REBECCA TULALIAN, PETITIONERS, VS. MAJ. GEN. FABIAN VER, COL. FIDEL SINGSON, COL. GERARDO B. LANTORIA, COL. ROLANDO ABADILLA, COL. GALILEO KINTANAR, LT. COL. PANFILO M. LACSON, MAJ. RODOLFO AGUINALDO, CAPT. DANILO PIZARRO, 1LT. PEDRO TANGO, 1LT. ROMEO RICARDO, 1LT. RAUL BACALSO, M/SGT. BIENVENIDO BALABA AND �JOHN DOES,� RESPONDENTS.

  • [G.R. No. 187521 : March 14, 2012] F.F. CRUZ & CO., INC., PETITIONER, VS. HR CONSTRUCTION CORP., RESPONDENT.

  • [G.R. No. 187073 : March 14, 2012] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EDUARDO CASTRO Y PERALTA AND RENERIO DELOS REYES Y BONUS, APPELLANTS.

  • [G.R. No. 193983 : March 14, 2012] VICTORY M. FERNANDEZ, PETITIONER, VS. OFFICE OF THE OMBUDSMAN, FORMER GOVERNOR OF THE PROVINCE OF AKLAN FLORENCIO T. MIRAFLORES, INCUMBENT GOVERNOR CARLITO MARQUEZ, AND SECRETARY OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT RONALDO V. PUNO, RESPONDENTS.

  • [G.R. No. 197124 : March 19, 2012] ALPA-PCM, INC., PETITIONER, VS. VINCENT BULASAO, JULIET BULASAO AND SUSANA BULASAO, HONORABLE JUDGE DANILO F. CAMACHO, AND THE DEPUTY SHERIFF OF THE REGIONAL TRIAL COURT, LA TRINIDAD, BENGUET, RESPONDENTS.

  • [G.R. No. 176628 : March 19, 2012] PHILIPPINE TOURISM AUTHORITY, PETITIONER, VS. PHILIPPINE GOLF DEVELOPMENT & EQUIPMENT, INC., RESPONDENT.

  • [G.R. No. 178367 : March 19, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. CASTALLOY TECHNOLOGY CORPORATION, ALLIED INDUSTRIAL CORPORATION, ALINSU STEEL FOUNDRY CORPORATION, GLORIA C. NGO AND TOMAS C. NGO, JR., RESPONDENTS.

  • [G.R. No. 197987 : March 19, 2012] MARITER MENDOZA, PETITIONER, VS. ADRIANO CASUMPANG, JENNIFER ADRIANE AND JOHN ANDRE, ALL SURNAMED CASUMPANG, RESPONDENTS.

  • [A.M. No. P-11-3019 : March 20, 2012] SHERYLL C. DELA CRUZ, COMPLAINANT, VS. PAMELA P. MALUNAO, CLERK III, REGIONAL TRIAL COURT, BRANCH 28, BAYOMBONG, NUEVA VIZCAYA, RESPONDENT.

  • [A.M. No. 10-1-13-SC : March 20, 2012] RE: SUBPOENA DUCES TECUM DATED JANUARY 11, 2010 OF ACTING DIRECTOR ALEU A. AMANTE, PIAB-C, OFFICE OF THE OMBUDSMAN. [A.M. NO. 10-9-9-SC] RE: ORDER OF THE OFFICE OF THE OMBUDSMAN REFERRING THE COMPLAINT OF ATTYS. OLIVER O. LOZANO AND EVANGELINE J. LOZANO-ENDRIANO AGAINST CHIEF JUSTICE REYNATO S. PUNO [RET.].

  • [G.R. No. 175781 : March 20, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FRANCISCA TALARO,* GREGORIO TALARO,** NORBERTO (JUN) ADVIENTO, RENATO RAMOS, RODOLFO DUZON,*** RAYMUNDO ZAMORA** AND LOLITO AQUINO, ACCUSED. NORBERTO (JUN) ADVIENTO, RENATO RAMOS AND LOLITO AQUINO, ACCUSED-APPELLANTS.

  • [G.R. No. 190293 : March 20, 2012] PHILIP SIGFRID A. FORTUN AND ALBERT LEE G. ANGELES, PETITIONERS, VS. GLORIA MACAPAGAL-ARROYO, AS COMMANDER-IN-CHIEF AND PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, EDUARDO ERMITA, EXECUTIVE SECRETARY, ARMED FORCES OF THE PHILIPPINES (AFP), OR ANY OF THEIR UNITS, PHILIPPINE NATIONAL POLICE (PNP), OR ANY OF THEIR UNITS, JOHN DOES AND JANE DOES ACTING UNDER THEIR DIRECTION AND CONTROL, RESPONDENTS. [G.R. NO. 190294] DIDAGEN P. DILANGALEN, PETITIONER, VS. EDUARDO R. ERMITA IN HIS CAPACITY AS EXECUTIVE SECRETARY, NORBERTO GONZALES IN HIS CAPACITY AS SECRETARY OF NATIONAL DEFENSE, RONALDO PUNO IN HIS CAPACITY AS SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, RESPONDENTS. [G.R. NO. 190301] NATIONAL UNION OF PEOPLES� LAWYERS (NUPL) SECRETARY GENERAL NERI JAVIER COLMENARES, BAYAN MUNA REPRESENTATIVE SATUR C. OCAMPO, GABRIELA WOMEN�S PARTY REPRESENTATIVE LIZA L. MAZA, ATTY. JULIUS GARCIA MATIBAG, ATTY. EPHRAIM B. CORTEZ, ATTY. JOBERT ILARDE PAHILGA, ATTY. VOLTAIRE B. AFRICA, BAGONG ALYANSANG MAKABAYAN (BAYAN) SECRETARY GENERAL RENATO M. REYES, JR. AND ANTHONY IAN CRUZ, PETITIONERS, VS. PRESIDENT GLORIA MACAPAGAL-ARROYO, EXECUTIVE SECRETARY EDUARDO R. ERMITA, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL VICTOR S. IBRADO, PHILIPPINE NATIONAL POLICE DIRECTOR GENERAL JESUS A. VERZOSA, DEPARTMENT OF JUSTICE SECRETARY AGNES VST DEVANADERA, ARMED FORCES OF THE PHILIPPINES EASTERN MINDANAO COMMAND CHIEF LIEUTENANT GENERAL RAYMUNDO B. FERRER, RESPONDENTS. [G.R. NO. 190302] JOSEPH NELSON Q. LOYOLA, PETITIONER, VS. HER EXCELLENCY PRESIDENT GLORIA MACAPAGAL-ARROYO, ARMED FORCES CHIEF OF STAFF GENERAL VICTOR IBRADO, PHILIPPINE NATIONAL POLICE (PNP), DIRECTOR GENERAL JESUS VERZOSA, EXECUTIVE SECRETARY EDUARDO ERMITA, RESPONDENTS. [ G.R. NO. 190307] JOVITO R. SALONGA, RAUL C. PANGALANGAN, H. HARRY L. ROQUE, JR., JOEL R. BUTUYAN, EMILIO CAPULONG, FLORIN T. HILBAY, ROMEL R. BAGARES, DEXTER DONNE B. DIZON, ALLAN JONES F. LARDIZABAL AND GILBERT T. ANDRES, SUING AS TAXPAYERS AND AS CONCERNED FILIPINO CITIZENS, PETITIONERS, VS. GLORIA MACAPAGAL-ARROYO, IN HIS (SIC) CAPACITY AS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, HON. EDUARDO ERMITA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, AND HON. ROLANDO ANDAYA IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, GENERAL VICTOR IBRADO, IN HIS CAPACITY AS ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF, DIRECTOR JESUS VERZOSA, IN HIS CAPACITY AS CHIEF OF THE PHILIPPINE NATIONAL POLICE, RESPONDENTS. [G.R. NO. 190356] BAILENG S. MANTAWIL, DENGCO SABAN, ENGR. OCTOBER CHIO, AKBAYAN PARTY LIST REPRESENTATIVES WALDEN F. BELLO AND ANA THERESIA HONTIVEROS-BARAQUEL, LORETTA ANN P. ROSALES, MARVIC M.V.F. LEONEN, THEODORE O. TE AND IBARRA M. GUTIERREZ III, PETITIONERS, VS. THE EXECUTIVE SECRETARY, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF JUSTICE, THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, THE SECRETARY OF BUDGET AND MANAGEMENT, AND THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, THE DIRECTOR GENERAL OF THE PHILIPPINE NATIONAL POLICE, RESPONDENTS. [G.R. NO. 190380] CHRISTIAN MONSOD AND CARLOS P. MEDINA, JR., PETITIONERS, VS. EDUARDO R. ERMITA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, RESPONDENT.

  • [A.M. No. P-09-2686 (Formerly OCA I.P.I No. 06-2441-P) : March 21, 2012] PRISCILLA L. HERNANDO, COMPLAINANT, VS. JULIANA Y. BENGSON, LEGAL RESEARCHER, RTC, BRANCH 104, QUEZON CITY, RESPONDENT.

  • [G.R. No. 191913 : March 21, 2012] SPO2 LOLITO T. NACNAC, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 184478 : March 21, 2012] JAIME S. PEREZ, BOTH IN HIS PERSONAL AND OFFICIAL CAPACITY AS CHIEF, MARIKINA DEMOLITION OFFICE, PETITIONER, VS. SPOUSES FORTUNITO L. MADRONA AND YOLANDA B. PANTE, RESPONDENTS.

  • [G.R. Nos. 189161 & 189173 : March 21, 2012] JUDGE ADORACION G. ANGELES, PETITIONER, VS. HON. MA. MERCEDITAS N. GUTIERREZ, OMBUDSMAN; HON. ORLANDO C. CASIMIRO, OVERALL DEPUTY OMBUDSMAN; HON. SYLVIA A. SEVERO, GRAFT INVESTIGATOR AND PROSECUTION OFFICER I; HON. MARILOU B. ANCHETA-MEJICA, ACTING DIRECTOR, PIAB-D; HON. JOSE T. DE JESUS, JR., ASSISTANT OMBUDSMAN, PAMO; ALL OF THE OMBUDSMAN; AND SSP EMMANUEL Y. VELASCO, RESPONDENTS.

  • [G.R. No. 171765, March 21, 2012] THE INCORPORATORS OF MINDANAO INSTITUTE INC. AND THE BOARD OF TRUSTEES OF MINDANAO INSTITUTE INC., REPRESENTED BY ENGR. VICTORIOSO D. UDARBE, PETITIONERS, VS. THE UNITED CHURCH OF CHRIST IN THE PHILIPPINES, ACTING THROUGH AGUSAN DISTRICT CONFERENCE UNITED CHURCH OF CHRIST IN THE PHILIPPINES, REPRESENTED BY REV. RODOLFO BASLOT, RESPONDENT.

  • [G.R. No. 186030 : March 21, 2012] NORMA DELOS REYES VDA. DEL PRADO, EULOGIA R. DEL PRADO, NORMITA R. DEL PRADO AND RODELIA R. DEL PRADO, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 192180 : March 21, 2012] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ALIAS KINO LASCANO (AT LARGE) AND ALFREDO DELABAJAN ALIAS TABOYBOY, ACCUSED. ALFREDO DELABAJAN, APPELLANT.

  • [G.R. No. 196358 : March 21, 2012] JANDY J. AGOY, PETITIONER, VS. ARANETA CENTER, INC., RESPONDENTS.

  • [G.R. No. 185568 : March 21, 2012] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. PETRON CORPORATION, RESPONDENT.

  • [G.R. No. 190342 : March 21, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CIPRIANO CARDENAS Y GOFRERICA, ACCUSED-APPELLANT.

  • [G.R. No. 184719 : March 21, 2012] LAND BANK OF THE PHILIPPINES, PETITIONER, VS. HEIRS OF JESUS S. YUJUICO, MARIETTA V. YUJUICO AND DR. NICOLAS VALISNO, SR., RESPONDENTS. [G.R. NO. 184720] DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY SECRETARY NASSER PANGANDAMAN, PETITIONER, VS. HEIRS OF JESUS YUJUICO, MARIETTA YUJUICO AND NICOLAS VALISNO, SR., RESPONDENTS.

  • [G.R. No. 172712 : March 21, 2012] STRADCOM CORPORATION, PETITIONER, VS. HONORABLE HILARIO L. LAQUI AS ACTING PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH 97 AND DTECH MANAGEMENT, INC., RESPONDENTS.

  • [G.R. No. 173155 : March 21, 2012] R.S. TOMAS, INC., PETITIONER, VS. RIZAL CEMENT COMPANY, INC., RESPONDENT.

  • [G.R. No. 173857 : March 21, 2012] LEONCIA MANUEL & MARINA S. MUDLONG, PETITIONERS, VS. LEONOR SARMIENTO, RESPONDENT.

  • [G.R. No. 194445 : March 12, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF, VS. ROGER POSADAY URBANO AND EMILY POSADAY SARMIENTO, ACCUSED.

  • [G.R. No. 191703 : March 12, 2012] CRESENCIO BA�O AND HEIRS OF THE DECEASED AMANCIO ASUMBRADO, NAMELY: ROSALINDA ASUMBRADO, VICENTE ASUMBRADO, ROEL ASUMBRADO, ANNALYN ASUMBRADO, ARNIEL ASUMBRADO, ALFIE ASUMBRADO AND RUBELYN ASUMBRADO, PETITIONERS, VS. BACHELOR EXPRESS, INC./ CERES LINER, INC. AND WENIFREDO SALVANA, RESPONDENTS.

  • [G.R. No. 173586 : March 14, 2012] MCA-MBF COUNTDOWN CARDS PHILIPPINES INC., AMABLE R. AGUILUZ V, AMABLE C. AGUILUZ IX, CIELO C. AGUILUZ, ALBERTO L. BUENVIAJE, VICENTE ACSAY AND MCA HOLDINGS AND MANAGEMENT CORPORATION, PETITIONERS, VS. MBF CARD INTERNATIONAL LIMITED AND MBF DISCOUNT CARD LIMITED, RESPONDENTS.

  • [G.R. No. 193279 : March 14, 2012] ELEANOR DE LEON LLENADO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND EDITHA VILLAFLORES, RESPONDENTS.

  • [A.C.No. 9154 (Formerly CBD No. 07-1965) : March 19, 2012] AURORA D. CERDAN, PETITIONER, VS. ATTY. CARLO GOMEZ, RESPONDENT.

  • [G. R. No. 195191 : March 20, 2012] CONGRESSWOMAN LUCY MARIE TORRES-GOMEZ PETITIONER, VS. EUFROCINO C. CODILLA, JR. AND HON. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL RESPONDENTS.

  • [A.M. No. CA-12-25-P : March 20, 2012] RE: COMPLAINT FILED BY (RET.) MCTC JUDGE RODOLFO B. GARCIA AGAINST 18TH DIVISION CLERK OF COURT ATTY. MAY FAITH L. TRUMATA-REBOTIACO, COURT OF APPEALS, CEBU CITY.

  • [A.C. No. 7591 : March 20, 2012] CORAZON T. NEVADA, COMPLAINANT, VS. ATTY. RODOLFO D. CASUGA, RESPONDENT.

  • [G.R. No. 146754 : March 21, 2012] SPOUSES JESSE CACHOPERO AND BEMA CACHOPERO, PETITIONERS, VS. RACHEL CELESTIAL, RESPONDENT.

  • [G.R. No. 186499 : March 21, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MELECIO DE LOS SANTOS, JR., ACCUSED-APPELLANT.

  • [G.R. No. 185255 : March 14, 2012] NORKIS DISTRIBUTORS, INC. AND ALEX D. BUAT, PETITIONERS, VS. DELFIN S. DESCALLAR, RESPONDENT.