Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2013 > April 2013 Decisions > G.R. No. 185518, April 17, 2013 - SPOUSES FELIX CHINGKOE AND ROSITA CHINGKOE, Petitioners, v. SPOUSES FAUSTINO CHINGKOE AND GLORIA CHINGKOE, Respondents.:




G.R. No. 185518, April 17, 2013 - SPOUSES FELIX CHINGKOE AND ROSITA CHINGKOE, Petitioners, v. SPOUSES FAUSTINO CHINGKOE AND GLORIA CHINGKOE, Respondents.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 185518, April 17, 2013]

SPOUSES FELIX CHINGKOE AND ROSITA CHINGKOE, Petitioners, v. SPOUSES FAUSTINO CHINGKOE AND GLORIA CHINGKOE, Respondents.

D E C I S I O N

ERENO, C.J.:

This Petition for Review on Certiorari under Rule 45 of the Rules of Court assails the 3 July 2008 Decision of the Court of Appeals (CA) annulling the 30 March 2007 Decision o(the Regional Trial Court (RTC) of Quezon City.1 The RTC affirmed2 the Metropolitan Trial Court's (MTC) dismissal3 of the Complaint for unlawful detainer filed by herein respondents.

The facts, as culled from the records, are as follows:cralaw

Respondents are the registered owners of a real property covered by Transfer Certificate of Title No. 82834 of the Registry of Deeds of Quezon City. They claim that sometime in 1990, out of tolerance and permission, they allowed respondent Faustino�s brother, Felix, and his wife, Rosita, to inhabit the subject property situated at No. 58 Lopez Jaena Street, Ayala Heights, Quezon City. Due to the intercession of their mother, Tan Po Chu, Faustino agreed to sell the property to Felix on condition that the title shall be delivered only after Felix and Rosita�s payment of the full purchase price, and after respondents� settlement of their mortgage obligations with the Rizal Commercial Banking Corporation (RCBC). After further prodding from their mother, however, and at Felix�s request, Faustino agreed to deliver in advance an incomplete draft of a Deed of Absolute Sale, which had not yet been notarized. While respondents themselves drafted the deed, the parties again agreed that the document would only be completed after full payment.5cralawvllred

On 24 July 2001, respondents sent a demand letter6 to petitioners asking them to vacate the premises. To this date, petitioners have refused to do so, prompting respondents to file a complaint7 for unlawful detainer with the MTC of Quezon City. In their Answer, petitioners presented a copy of a completed Deed of Absolute Sale dated 10 October 1994, claiming that respondents had sold the property for P3,130,000, which petitioners had paid in full and in cash on the same day. Due to respondents� adamant refusal to surrender the title to them as buyers, petitioners were allegedly constrained to file an action for specific performance with Branch 96 of the Quezon City RTC on 31 January 1995.8cralawvllred

The MTC gave weight to the Deed of Sale presented by petitioners and dismissed the Complaint, as follows:chanroblesvirtuallawlibrary

The defendants herein assert that �since October 1994, when they bought their property in CASH, their stay thereat is by virtue of their absolute ownership thereof as provided for in the Absolute Deed of Sale,� x x x. The foregoing would right away tell us that this Court is barred from ordering the ejectment of the defendants from the premises in question so much so that what is at stake only in cases of this nature as above stated is as regards possession only.

With the execution of the Deed of Absolute Sale whereby the Vendors never reserved their rights and interests over the property after the sale, and the transfer appears to be absolute, beside the fact that the property is now under the control and custody of the defendants, we could conclude that instant case unlawful detainer (sic) is destined to fail,9 x x x.

The RTC affirmed the findings of the MTC in toto, reasoning thus:chanroblesvirtuallawlibrary

x x x (T)here exists a Deed presented in evidence on the sale of the subject property entered into by the herein parties. The Deed of Sale renders weak the claim of tolerance or permission.

Although the plaintiffs-appellants questioned the validity and authenticity of the Deed of Sale, this will not change the nature of the action as an unlawful detainer, in the light of our premise of the principal issue in unlawful detainer � possession de facto.10

The CA reversed the findings of the lower courts and ruled that a mere plea of title over disputed land by the defendant cannot be used as sound basis for dismissing an action for recovery of possession. Citing Refugia v. Court of Appeals, the appellate court found that petitioners� stay on the property was merely a tolerated possession, which they were no longer entitled to continue. The deed they presented was not one of sale, but a �document preparatory to an actual sale, prepared by the petitioners upon the insistence and prodding of their mother to soothe in temper respondent Felix Chingkoe.�11cralawvllred

Petitioners now come before this Court, raising the following arguments:cralaw

  1. The CA committed reversible error when it admitted and gave weight to testimony given in a different proceeding (action for specific performance) pending before the Regional Trial Court in resolving the issue herein (unlawful detainer); and

  2. The CA committed reversible error when it ruled on the validity of a notarized Deed of Sale in a summary ejectment action.

We deny the petition.

Anent the first argument, petitioners fault the CA for citing and giving credence to the testimony of Tan Po Chu, who was presented as a witness in another case, the action for specific performance filed by petitioners. The CA stated:chanroblesvirtuallawlibrary

In the case instituted by the respondents against herein petitioner for Specific Performance entitled �<I>Felix Chingkoe and Rosita Chingkoe v. Faustino Chingkoe and Gloria Chingkoe,</I>� docketed as Civil Case No. Q-95-22865 pending before Branch 96 of the Regional Trial Court of Quezon City, Tan Po Chu testified on 25 November 1999 to shed light on the matter once and for all, to wit:
xxxx
Atty. Nicolas:
Q
You mentioned that this is the second copy of the deed of absolute sale, you identified the signature appearing here as the signature of Felix, how do you know that this is the signature of Felix?
A
Well, he is my son. I am familiar with his signature and besides that he signed it in my presence.
Q
And this is the very document and not as photocopy (sic) of the second document which you brought to Felix?
Atty. Flores:
Again, Your Honor, very leading.
Court:
I will allow.
A
I am not very sure now but I think this is the real one, I think this is the one because I saw him signed (sic) this.
Atty. Nicolas:
May I request that this be marked as Exhibit �1� and the signature of Felix be signed as Exhibit �1-A�?
Court:
Mark.
Atty. Flores:
Just a moment, no basis, Your Honor, please.
Atty. Nicolas:
Your Honor, the witness said that there was a deed of absolute sale, I was asking if she knows how much Felix paid for the property when she delivered the document.
Court:
She never testified that there was a sale, she only said that there was a deed of sale.
Atty. Nicolas:
I will reform, Your Honor.
Q
When you delivered this document to Felix, what did he give you in return, if any?
A
He did not give me anything, he had never paid me any single cent.
Q
When you delivered the deed of sale?
A
There was no payment whatsoever.
Q
As far as you know, Ms. Witness, was the property paid for by Felix to Faustino?
A
I swear to God, no payment, there was no payment at all, I swear.
xxxx
As clearly shown in the testimony given in open court which was above-quoted, petitioners merely delivered to their mother a draft of the deed, which they signed to appease her and respondent Felix Chingkoe.12 (Emphases supplied.)

The CA indeed quoted at length from the testimony of Tan Po Chu, and culled therefrom the factual finding that the purported contract of sale had never been consummated between the parties. The CA cited as basis her testimony from Civil Case No. Q-95-22865: that she witnessed Felix signing the blank deed, and that upon its signing, there was no payment for the property. This account directly contradicts petitioners� claim that payment was made simultaneously with the perfection of the contract.

Petitioners claim that the CA erroneously considered this testimony in Civil Case No. Q-95-22865. They cite the general rule that courts are not authorized to take judicial notice of the contents of the records of other cases. This rule, however, admits of exceptions. As early as United States v. Claveria, this Court has stated: �In the absence of objection and as a matter of convenience, a court may properly treat all or part of the original record of a former case filed in its archives, as read into the record of a case pending before it, when, with the knowledge of the opposing party, reference is made to it for that purpose by name and number or in some other manner by which it is sufficiently designated.�13cralawvllred

We reiterated this stance in Adiarte v. Domingo,14 in which the trial court decided the action pending before it by taking judicial notice of the records of a prior case for a sum of money. The Supreme Court affirmed the trial court�s dismissal of the Complaint, after it considered evidence clearly showing that the subject matter thereof was the same as that in the prior litigation. In a 1993 case, Occidental Land Transportation Company, Inc. v. Court of Appeals, the Court ruled:chanroblesvirtuallawlibrary

The reasons advanced by the respondent court in taking judicial notice of Civil Case No. 3156 are valid and not contrary to law. As a general rule, �courts are not authorized to take judicial notice, in the adjudication of cases pending before them, of the contents of the records of other cases, even when such cases have been tried or are pending in the same court, and notwithstanding the fact that both cases may have been heard or are actually pending before the same judge.� The general rule admits of exceptions as enumerated in Tabuena v. Court of Appeals, the Court, citing U.S. v. Claveria, which We quote:cralaw

x x x (I)n the absence of objection, and as a matter of convenience to all parties, a court may properly treat all or any part of the original record of a case filed in its archives as read into the record of a case pending before it, when, with the knowledge of the opposing party, reference is made to it for that purpose, by name and number or in some other manner by which it is sufficiently designated; or when the original record of the former case or any part of it, is actually withdrawn from the archives by the court's direction, at the request or with the consent of the parties, and admitted as a part of the record of the case then pending.

It is clear, though, that this exception is applicable only when, �in the absence of objection,� �with the knowledge of the opposing party,� or �at the request or with the consent of the parties� the case is clearly referred to or �the original or part of the records of the case are actually withdrawn from the archives' and 'admitted as part of the record of the case then pending.

xxxx

And unlike the factual situation in Tabuena v. CA, the decision in Civil Case No. 3156 formed part of the records of the instant case (Civil Case No. 2728) with the knowledge of the parties and in the absence of their objection. (Emphases supplied, citations omitted).15

This doctrine was restated in Republic v. Sandiganbayan, viz: �As a matter of convenience to all the parties, a court may properly treat all or any part of the original record of a case filed in its archives as read into the record of a case pending before it, when, with the knowledge of, and absent an objection from, the adverse party, reference is made to it for that purpose, by name and number or in some other manner by which it is sufficiently designated; or when the original record of the former case or any part of it, is actually withdrawn from the archives at the court�s direction, at the request or with the consent of the parties, and admitted as a part of the record of the case then pending.�16 (Underscoring supplied)

In the case at bar, as the CA rightly points out in its Resolution dated 28 November 2008,17 petitioners never objected to the introduction of the Transcript of Stenographic Notes containing the testimony of Tan Po Chu, which were records of Civil Case No. Q-95-22865. As shown by the records and as petitioners admitted in their Reply, the testimony was already introduced on appeal before the RTC. In fact, it was petitioners themselves who specifically cited Civil Case No. Q-95-22865, referring to it both by name and number, purportedly to bolster the claim that they were constrained to sue, in order to compel delivery of the title.18cralawvllred

Given these facts, the CA committed no reversible error in taking judicial notice of the records of Civil Case No. Q-95-22865. In any case, the said testimony was not the only basis for reversing the RTC�s Decision. Independent of the testimony, the CA � through its perusal and assessment of other pieces of evidence, specifically the Deed of Absolute Sale � concluded that petitioners� stay on the premises had become unlawful.

Concerning the second issue, petitioners object to the assessment of the Deed of Sale by the CA, claiming such a determination is improper in summary proceedings. It should be noted that it was petitioners who introduced the Deed of Sale in evidence before the MTC and the RTC, as evidence of their claimed right to possession over the property. They attached the deed to their Answer as Annex �1.�19 The CA discovered that they falsified their copy of the document denominated as Deed of Absolute Sale in this wise:chanroblesvirtuallawlibrary

Said draft of the deed was undated and bears the signature of one witness, as can be clearly noticed upon its very careful perusal. Notably, respondents made it appear in the draft of the Deed of Absolute Sale that there indeed was a valid and consummated sale when in truth and in fact, there was none. The document accomplished by the respondents (herein petitioners) gave them some semblance, albeit highly questionable, of ownership over the property by affixing their signatures, affixing the signature of one Cora Hizon as witness and superimposing the signature of Jane Chan with that of one Noralyn Collado.20

Batas Pambansa Blg. 129 states that when the defendant raises the question of ownership in unlawful detainer cases and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession.21 This Court has repeatedly ruled that although the issue in unlawful detainer cases is physical possession over a property, trial courts may provisionally resolve the issue of ownership for the sole purpose of determining the issue of possession.22 �These actions are intended to avoid disruption of public order by those who would take the law in their hands purportedly to enforce their claimed right of possession. In these cases, the issue is pure physical or de facto possession, and pronouncements made on questions of ownership are provisional in nature. The provisional determination of ownership in the ejectment case cannot be clothed with finality."23cralawvllred

Trial courts must necessarily delve into and weigh the evidence of the parties in order to rule on the right of possession, as we have discussed in Sps. Esmaquel and Sordevilla v. Coprada:chanroblesvirtuallawlibrary

In unlawful detainer cases, the possession of the defendant was originally legal, as his possession was permitted by the plaintiff on account of an express or implied contract between them. However, defendant's possession became illegal when the plaintiff demanded that defendant vacate the subject property due to the expiration or termination of the right to possess under their contract, and defendant refused to heed such demand.

The sole issue for resolution in an unlawful detainer case is physical or material possession of the property involved, independent of any claim of ownership by any of the parties. Where the issue of ownership is raised by any of the parties, the courts may pass upon the same in order to determine who has the right to possess the property. The adjudication is, however, merely provisional and would not bar or prejudice an action between the same parties involving title to the property. Since the issue of ownership was raised in the unlawful detainer case, its resolution boils down to which of the parties' respective evidence deserves more weight.24 (Emphasis supplied, citations omitted.)

WHEREFORE, in view of the foregoing, we deny the instant Petition for lack of merit.� The Decision of the Court of Appeals in CA-G.R. SP No. 100008 (dated 3 July 2008) is AFFIRMED.

We make no pronouncement as to attorney's fees for lack of evidence.

SO ORDERED.

Sereno, C.J., (Chairperson), Leonardo-De Castro, Villarama, Jr., Perez,* and Reyes, JJ., concur.

Endnotes:


* Designated as additional member per raffle dated 13 September 2010 in lieu of Associate Justice Lucas P. Bersamin.

1 Docketed as CA-G.R. SP No. 100008; penned by Associate Justice Arturo G. Tayag and concurred in by Associate Justices Hakim S. Abdulwahid and Jose C. Mendoza; rollo, pp. 41-68.

2 Docketed as Civil Case No. Q-03-50390; penned by Judge Bemelito R. Fernandez on 30 March 2007; id. at 282-287.

3 Docketed as Civil Case No. 27298; penned by Fernando T. Sagun, Jr. on 2 July 2003; id. at 104-111.

4 Id. at 338-340.

5 Id. at 43-45.

6 Id. at 341.

7 Id. at 86-97.

8 Id. at 14-15. A copy of the Complaint therein is attached as �Annex TT� to the Petition; rollo, pp. 576-581.

9 Id. at 109.

10 Id. at 287.

11 Id. at 55.

12 Id. at 55-63.

13 29 Phil. 527, 532 (1915).

14 71 Phil. 394 (1941).

15 G.R. No. 96721, 19 March 1993, 220 SCRA 167, 175-176.

16Republic of the Philippines v. Sandiganbayan, G.R. No. 152375, 13 December 2011, 662 SCRA 152, 153.

17Rollo, pp. 70-84.

18 Id. at 284, p. 3 of the RTC Decision, quoting pertinent portions of the Answer.

19 Id. at 283.

20 Id. at 63-64.

21 Sec. 33, par. 2.

22Barrientos v. Rapal, G.R. No. 169514, 20 July 2011, 654 SCRA 165.

23Samonte v. Centwy Savings Bank, G.R. No. 176413, 25 November 2009, 605 SCRA 478, 486.

24 G.R. No. 152423, 15 December 2010, 638 SCRA 428, 436.



Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






April-2013 Jurisprudence                 

  • A.C. No. 8384 - Efigenia M. Tenoso v. Atty. Anselmo S. Echanez

  • A.C. No. 9514 - Bernard N. Jandoquile v. Atty. Quirino P. Revilla, Jr.

  • A.M. OCA IPI No. 09-3243-RTJ - Johnwell W. Tiggangay v. Judge Marcelino K. Wacas, RTC, Branch 25, Tabuk City, Kalinga

  • G.R. NO. 157445 - Segundina A. Galvez v. Sps. Honorio C. Montano and Susana P. Montano, et al.

  • A.M. No. 09-5-2-SC - In the matter of the Brewing Controversies in the Election of the IBP; Attys. Marcial M. Magsino, et al. v. Attys. Rogelio A. Vinluan, et al.

  • G.R. NO. 158361 - International Hotel Corporation v. Francisco B. Joaquin, Jr., et al.

  • G.R. NO. 165838 - Nemesio Firaza, Sr., v. Sps. Claudio and Eufrecena Ugay

  • G.R. NO. 165863 - Albert Chua, Jimmy Chua Chi Leong and Spouses Eduardo Solis and Gloria Victa v. B.E. San Diego, Inc./Lorenzana Food Corporation v. B.E. San Diego, Inc.

  • G.R. NO. 171298 - Spouses Oscar and Thelma Cacayorin v. Armed Forces and Police Mutual Benefit Association, Inc.

  • G.R. NO. 171555 - Evangeline Rivera-Calingasan and E. Rical Enterprises v. Wilfredo Rivera, substututed by Ma. Lydia S. Rivera, Freida Leah and Wilfredo S. Rivera, Jr.

  • G.R. NO. 173121 - Franklin Alejandro v. Office of the Ombudsman Fact-Finding and Intelligence Bureau

  • G.R. NO. 174788 - The Special Audit Team, Commission on Audit v. Court of Appeals and Government Service Insurance System

  • G.R. NO. 175327 - People of the Philippines v. Edmundo Vitero

  • G.R. NO. 175428 - Ricardo Chu, Jr. and Dy Kok Eng v. Melania Caparas and Spouses Ruel and Hermenegilda Perez

  • G.R. NO. 175368 - League of Provinces of the Philippines v. Department of Environment and Natural Resources, et al.

  • G.R. NO. 176985 - Ricardo E. Vergara, Jr. v. Coca-Cola Bottlers Philippines, Inc.

  • G.R. NO. 175939 - People of the Philippines v. Chad Manansala y Lagman

  • G.R. NO. 178758 - Marcelino and Vitaliana Dalangin v. Celemente Perez, et al.

  • G.R. NO. 178952 - Heirs of Lazaro Gallardo, et al. v. Porferio Soliman, et al.

  • G.R. NO. 179011 - Rey Castigador Catedrilla v. Mario and Margie Lauron

  • G.R. NO. 179018 - Paglaum Management & Development Corp. and Health Marketing Technologies, Inc. v. Union Bank of the Philippines, Notary Public John Doe, and Register of Deeds of Cebu City and Cebu Province; J. King & Sons. Co., Inc., Intervenor

  • G.R. NO. 179041 - People of the Philippines v. Arnel Nocum, et al.

  • G.R. NO. 179665 - Solid Builders, Inc. and Medinaj Foods Industries, Inc. v. China Banking Corporation

  • G.R. NO. 180514 - People of the Philippines v. Dante L. Dumalag

  • G.R. NO. 180843 - Apolonio Garcia, in substituion of his deceased mother, Modesta Garcia, and Cristina Salamat v. Dominga Robles Vda de Caparas

  • G.R. NO. 181182 - Boardwalk Business Ventures, Inc. v. Elvira A. Villareal (deceased) substituted by Reynaldo P. Villareal, Jr., et al.

  • G.R. NO. 181973 - Amelia Aquino, et al. v. Philippine Ports Authority

  • G.R. NO. 182417 - People of the Philippines v. Alberto Gonzales y Santos aka Takyo

  • G.R. NO. 182760 - Republic of the Philippines v. Robert P. Narceda

  • G.R. NO. 183058 - Sps. Montano T. Tolosa and Merlinda Tolosa v. United Coconut Planters Bank

  • G.R. NO. 183137 - Pelizloy Realty Corporation, represented herein by its President, Gregory K. Loy v. The Province of Benguet

  • G.R. NO. 183658 - Royal Savings Bank, formerly Comsavings Bank, now GSIS Family Bank v. Fernando Asia, Mike Latag, et al.

  • G.R. NO. 183858 - Holy Trinity Realty and Development Corporation v. Spouses Carlos Abacan adn Elizabeth Abacan

  • G.R. NO. 184079 - Spouses Armando Silverio, Sr. and Remedios Silverio v. Spouses Ricardo adn Evelyn Marcelo/Spouses Evelyn adn Ricardo Marcelo v. Spouses Armando Silveri, Sr. and Remedios Siverio

  • G.R. NO. 184333 - Sixto N. Chu v. Mach Asia Trading Corporation

  • G.R. NO. 187232 - Zenaida D. Mendoza v. HMS Credit Corporation, et al.

  • G.R. Nos. 186739-960 - Leovigildo R. Ruzol v. The Hon. Sandiganbayan and the People of the Philippines

  • G.R. NO. 187317 - Carlito C. Encinas v. PO1 Alfredo P. Agustin, Jr., and Po1 Joel S. Caubang

  • G.R. NO. 187677 - Republic of the Philippines, represented by the Department fo the Public Works and Highways (DPWH) v. Spouses William and Rebecca Genato

  • G.R. NO. 187678 - Spouses Ignacio F. Juico and Alice P. Juico v. China Banking Corporation

  • G.R. NO. 188633 - Sandoval Shipyards, Inc., and Rimport Industries, Inc., represented by Engr. Reynaldo G. Importante v. Philippine Merchant Marine Academy (PMMA)

  • G.R. NO. 189280 - People of the Philippines v. Alberto Deligero y Bacasmot

  • G.R. NO. 189351 - People of the Philippines v. Lolita Quesido y Badarang

  • G.R. NO. 190475 - Jaime Ong y Ong v. People of the Philippines

  • G.R. NO. 191667 - Land Bank of the Philippines v. Eduardo M. Cacayurin

  • G.R. NO. 192249 - Salic Dumarpa v. Commission on Elections

  • G.R. NO. 202242 - Francisco Chavez v. Judicial and Bar Council, et al.

  • G.R. NO. 195649 - Casan Macode Maquiling v. Commission on Elections, Rommel Arnado y Cagoco, Linog G. Balua

  • G.R. NO. 203302 - Mayor Emmanuel L. Maliksi v. Commission on Elections and Homer T. Saquilayan

  • G.R. NO. 203766 - Atong Paglaum, Inc. v. Commission on Elections

  • A.M. OCA IPI No. 09-3243-RTJ, April 01, 2013 - JOHNWELL W. TIGGANGAY, Complainant, v. JUDGE MARCELINO K. WACAS, REGIONAL TRIAL COURT, BRANCH 25, TABUK CITY, KALINGA, Respondent.

  • A.M. No. RTJ-10-2217, April 08, 2013 - SONIA C. DECENA AND REY C. DECENA, Petitioners, v. JUDGE NILO A. MALANYAON, REGIONAL TRIAL COURT, BRANCH 32, IN PILI, CAMARINES SUR, Respondent.

  • A.M. No. P-13-3108 - Formerly OCA I.P.I No. 10-3465-P, April 10, 2013 - L.G. JOHNNA E. LOZADA AND L.G. LIZA S. MILLADO, Complainants, v. MA. THERESA G. ZERRUDO, CLERK OF COURT IV, AND SALVACION D. SERMONIA, CLERK IV, BOTH OF THE OFFICE OF THE CLERK OF COURT, MUNICIPAL TRIAL COURT IN CITIES OF ILOILO CITY, Respondents.

  • A.M. No. P-12-3073 - Formerly A.M. OCA I.P.I. No. 08-2984-P, April 03, 2013 - ANTIOCO BONONO, JR. AND VICTORIA RAVELO-CAMINGUE, Complainants, v. JAIME DELA PE�A SUNIT, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 29, SURIGAO CITY, Respondent.

  • A.M. No. P-12-3044 - Formerly A.M. OCA I.P.I. No. 09-3267-P, April 08, 2013 - JUDGE ANASTACIO C. RUFON, Complainant, v. MANUELITO P. GENITA, LEGAL RESEARCHER II, REGIONAL TRIAL COURT, BRANCH 52, BACOLOD CITY, Respondent.

  • A.M. No. P-10-2791 - Formerly A.M. No. 10-3-91-RTC, April 17, 2013 - JUDGE RENATO A. FUENTES, REGIONAL TRIAL COURT, BRANCH 17, DAVAO CITY, Complainant, v. ATTY. ROGELIO F. FABRO, BRANCH CLERK OF COURT, AND OFELIA SALAZAR,1 CLERK III, Respondents.

  • A.M. No. P-08-2531 - Formerly A.M. No. 08-7-220-MTCC, April 11, 2013 - CIVIL COMMISSION, SERVICE COMPLAINANT, VS. MERLE RAMONEDA-PITA, CLERK III, MUNICIPAL TRIAL COURT IN CITIES, DANAO CITY. Respondent.

  • A.M. No. P-06-2256 - Formerly A.M. OCA IPI No. 06-2374-P, April 10, 2013 - PO2 PATRICK MEJIA GABRIEL, Complainant, v. SHERIFF WILLIAM JOSE R. RAMOS, REGIONAL TRIAL COURT, BRANCH 166, PASIG CITY, Respondent.

  • A.M. No. P-04-1785 - Formerly A.M. No. 03-11-671-RTC, April 02, 2013 - THE OFFICE OF THE COURT ADMINISTRATOR, Peitioner, v. DEVELYN GESULTURA, Respondent.

  • A.M. No. MTJ-07-1691 - Formerly A.M. No. 07-7-04-SC, April 02, 2013 - OFFICE OF THE COURT ADMINISTRATOR, Petitioner, v. JUDGE ANATALIO S. NECESSARIO, BRANCH 2; JUDGE GIL R. ACOSTA, BRANCH 3; JUDGE ROSABELLA M. TORMIS, BRANCH 4; AND JUDGE EDGEMELO C. ROSALES, BRANCH 8; ALL OF MTCC-CEBU CITY; CELESTE P. RETUYA, CLERK III, MTCC BRANCH 6, CEBU CITY; CORAZON P. RETUYA, COURT STENOGRAPHER, MTCC, BRANCH 6, CEBU CITY; RHONA F. RODRIGUEZ, ADMINISTRATIVE OFFICER I, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT (RTC) CEBU CITY; EMMA D. VALENCIA, COURT STENOGRAPHER III, RTC, BRANCH 18, CEBU CITY; MARILOU CABANEZ, COURT STENOGRAPHER, MTCC, BRANCH 4, CEBU CITY; DESIDERIO S. ARANAS, PROCESS SERVER, MTCC, BRANCH 3, CEBU CITY; REBECCA ALESNA, COURT INTERPRETER, MTCC, BRANCH 1, CEBU CITY; AND HELEN MONGGAYA, COURT STENOGRAPHER, MTCC, BRANCH 4, CEBU CITY.Respondents.

  • A.C. No. 5119, April 17, 2013 - ROSARIO BERENGUER-LANDERS AND PABLO BERENGUER, COMPLAINANTS, VS. ATTY. ISABEL E. FLORIN, ATTY. MARCELINO JORNALES AND ATTY. PEDRO VEGA, Respondents.

  • G.R. No. 204700, April 10, 2013 - EAGLERIDGE DEVELOPMENT CORPORATION, MARCELO N. NAVAL AND CRISPIN I. OBEN, Petitioners, v. CAMERON GRANVILLE 3 ASSET MANAGEMENT, INC. Respondent.

  • G.R. No. 204637, April 16, 2013 - LIWAYWAY VINZONS-CHATO, Petitioner, v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND ELMER E. PANOTES, Respondents.

  • G.R. No. 204591, April 16, 2013 - AGAPAY NG INDIGENOUS PEOPLES RIGHTS ALLIANCE (A-IPRA), Petitioner, v. COMMISSION ON ELECTIONS, MELVIN G. LOTA, MAC-MAC BERNALES, MARY ANNE P. SANTOS, JEAN ANNABELL S. GAROTA, JOSEPH T. EVANGELISTA, ET AL.Respondents.

  • G.R. No. 203646, April 16, 2013 - SAMSON S. ALCANTARA, ROMEO R. ROBISO, PEDRO T. DABU, JR., LOPE E. FEBLE, NOEL T. TIAMPONG AND JOSE FLORO CRISOLOGO, Petitioners, v. COMMISSION ON ELECTIONS, JONATHAN DE LA CRUZ, ED VINCENT ALBANO AND BENEDICT KATO, Respondents.

  • G.R. No. 201816, April 08, 2013 - HEIRS OF FAUSTINO MESINA AND GENOVEVA S. MESINA, REP. BY NORMAN MESINA, Petitioners, v. HEIRS OF DOMINGO FIAN, SR., REP. BY THERESA FIAN YRAY, ET AL., Respondents.

  • G.R. No. 201449, April 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WELVIN DIU Y KOTSESA, AND DENNIS DAYAON Y TUPIT,1 Accused-Appellants.

  • G.R. No. 200173, April 15, 2013 - SPS. ESMERALDO D. VALLIDO AND ARSENIA M. VALLIDO, REP. BY ATTY. SERGIO C. SUMAYOD, Petitioners, v. SPS. ELMER PONO AND JULIET PONO, AND PURIFICACION CERNA-PONO AND SPS. MARIANITO PONO AND ESPERANZA MERO-PONO, Respondents.

  • G.R. No. 201443, April 10, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BETTY SALVADOR Y TABIOS, MONICO SALVADOR, MARCELO LLANORA, JR. Y BAYLON, ROBERT GONZALES Y MANZANO, RICKY PE�A Y BORRES @ RICK, ROGER PESADO Y PESADO @ GER, JOSE ADELANTAR Y CAURTE, LOWHEN ALMONTE Y PACETE, JUBERT BANATAO Y AGGULIN @ KOBET, AND MOREY DADAAN, Accused-Appellants.

  • G.R. No. 199747, April 03, 2013 - TEODORO DARCEN, MAMERTO DARCEN, JR., NESTOR DARCEN, BENILDA DARCEN-SANTOS, AND ELENITA DARCEN-VERGEL, Petitioners, v. V. R. GONZALES CREDIT ENTERPRISES, INC., REPRESENTED BY ITS PRESIDENT, VERONICA L. GONZALES, Respondent.

  • G.R. No. 199219, April 03, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GERRY OCTAVIO Y FLORENDO AND REYNALDO CARI�O Y MARTIR, Accused-Appellants.

  • G.R. No. 198783, April 15, 2013 - ROYAL PLANT WORKERS UNION, Petitioner, v. COCA-COLA BOTTLERS PHILIPPINES, INC.-CEBU PLANT, Respondent.

  • G.R. No. 198682, April 10, 2013 - FRANCISCO C. ADALIM, Petitioner, v. ERNESTO TANINAS, JORGE ORITA, MA. IRMA DAIZ (DECEASED), YOLANDO DEGUINION, GRACE LIM, EMMA TANINAS, ISIDRO BUSA, MA. NALYN DOTING CO, ESTER ULTRA, FRANCISCO ESPORAS, ENRICO BEDIASA Y, JESUS CHERREGUINE,* AIDA EVIDENTE, RODRIGO TANINAS, VIRGILIO ADENIT, CLARITA DOCENA, ERENE DOCENA, GUIO BALICHA, LUZ BACULA, PERFECTO MAGRO, ANACL.ETO EBIT, DOLORES PENAFLOR, ERWENIA BALMES, CECILIO CEBUANO, MA. ELENA ABENIS, DANILO ALEGRE, AND THE COURT OF APPEALS (FIFTH DIVISION), Respondents.

  • G.R. No. 197937, April 03, 2013 - FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, Petitioner, v. SM PRIME HOLDINGS, INC., Respondent.

  • G.R. No. 197353, April 01, 2013 - ALEXANDER B. BA�ARES, Petitioner, v. TABACO WOMEN�S TRANSPORT SERVICE1 COOPERATIVE (TAWTRASCO), REPRESENTED BY DIR. RENOL BARCEBAL, ET AL., Respondents.

  • G.R. No. 197291, April 03, 2013 - DATU ANDAL AMPATUAN JR., Petitioner, v. SEC. LEILA DE LIMA, AS SECRETARY OF THE DEPARTMENT OF JUSTICE, CSP CLARO ARELLANO, AS CHIEF STATE PROSECUTOR, NATIONAL PROSECUTION SERVICE, AND PANEL OF PROSECUTORS OF THE MAGUINDANAO MASSACRE, HEADED BY RSP PETER MEDALLE, Respondents.

  • G.R. No. 197117, April 10, 2013 - FIRST LEPANTO TAISHO INSURANCE CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 195317, April 03, 2013 - SPOUSES WELTCHIE RAYMUNDO AND EMILY RAYMUNDO, Petitioners, v. LAND BANK OF THE PHILIPPINES, SUBSTITUTED BY PHILIPPINE DISTRESSED ASSET ASIA PACIFIC [SPV-AMC] 2, INC., Respondents.

  • G.R. No. 194994, April 16, 2013 - EMMANUEL A. DE CASTRO, Petitioner, v. EMERSON S. CARLOS, Respondent.

  • G.R. No. 194564, April 10, 2013 - SERGIO SOMBOL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 194368, April 02, 2013 - CIVIL SERVICE COMMISSION, Petitioner, v. ARLIC ALMOJUELA, Respondent.

  • G.R. No. 193773, April 02, 2013 - TERESITA L. SALVA, Petitioner, v. FLAVIANA M. VALLE, Respondent.

  • G.R. No. 193756, April 10, 2013 - VENANCIO S. REYES, EDGARDO C. DABBAY, WALTER A. VIGILIA, NEMECIO M. CALANNO, ROGELIO A. SUPE, JR., ROLAND R. TRINIDAD, AND AURELIO A. DULDULAO, Petitioners, v. RP GUARDIANS SECURITY AGENCY, INC., Respondents.

  • G.R. No. 191805, April 16, 2013 - IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND HABEAS DATA IN FAVOR OF NORIEL RODRIGUEZ, NORIEL RODRIGUEZ, Petitioner, v. GLORIA MACAPAGAL-ARROYO, GEN. VICTOR S. IBRADO, PDG JESUS AME VERSOZA, LT. GEN. DELFIN BANGIT, MAJ. GEN. NESTOR Z. OCHOA, P/CSUPT. AMETO G. TOLENTINO, P/SSUPT. JUDE W. SANTOS, COL. REMIGIO M. DE VERA, AN OFFICER NAMED MATUTINA, LT. COL. MINA, CALOG, GEORGE PALACPAC UNDER THE NAME �HARRY,� ANTONIO CRUZ, ALDWIN �BONG� PASICOLAN AND VINCENT CALLAGAN, Respondents.; G.R. No. 193160 - IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND HABEAS DATA IN FAVOR OF NORIEL RODRIGUEZ, POLICE DIR. GEN. JESUS A. VERSOZA, P/SSUPT. JUDE W. SANTOS, BGEN. REMEGIO M. DE VERA, 1ST LT. RYAN S. MATUTINA, LT. COL. LAURENCE E. MINA, ANTONIO C. CRUZ, ALDWIN C. PASICOLAN AND VICENTE A. CALLAGAN, Petitioners, v. NORIEL H. RODRIGUEZ, Respondent.

  • G.R. No. 191696, April 10, 2013 - ROGELIO DANTIS, Petitioner, v. JULIO MAGHINANG, JR., Respondent.

  • G.R. No. 191396, April 17, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARILYN AGUILAR Y MANZANILLO, Accused-Appellant.

  • G.R. No. 187740, April 10, 2013 - PEOPLE OF PHILIPPINES, The Plaintiff-Appwllee, v. MANUEL CATACUTAN, TOLENTINO Y, Accused-Appellant.

  • G.R. No. 187232, April 17, 2013 - ZENAIDA D. MENDOZA, Petitioner, v. HMS CREDIT CORPORATION AND/OR FELIPE R. DIEGO, MA. LUISA B. DIEGO, HONDA MOTOR SPORTS CORPORATION AND/OR FELIPE R. DIEGO, MA. LUISA B. DIEGO, BETA MOTOR TRADING INCORPORATED AND/OR FELIPE DIEGO, MA. LUISA B. DIEGO, JIANSHE CYCLE WORLD INCORPORATED AND/OR JOSE B. DIEGO, Respondents.

  • G.R. No. 186279, April 02, 2013 - LAND BANK OF THE PHILIPPINES, Petitioner, v. ARTEMIO S. SAN JUAN, JR., Respondent.

  • G.R. No. 185518, April 17, 2013 - SPOUSES FELIX CHINGKOE AND ROSITA CHINGKOE, Petitioners, v. SPOUSES FAUSTINO CHINGKOE AND GLORIA CHINGKOE, Respondents.

  • G.R. No. 178758, April 03, 2013 - MARCELINO AND VITALIANA DALANGIN, Petitioners, v. CLEMENTE PEREZ, CECILIA GONZALES, SPOUSES JOSE BASIT AND FELICIDAD PEREZ, SPOUSES MELECIO MANALO AND LETICIA DE GUZMAN, AND THE PROVINCIAL SHERIFF OF BATANGAS, Respondents.

  • G.R. No. 176289, April 08, 2013 - MOLDEX REALTY, INC., Petitioner, v. FLORA A. SABERON, Respondent.

  • G.R. No. 157445, April 03, 2013 - SEGUNDINA A. GALVEZ, Petitioner, v. HON. COURT OF APPEALS, SPOUSES HONORIO C. MONTANO AND SUSANA P. MONTANO AND PHILIPPINE NATIONAL BANK, Respondents.

  • G.R. No. 141809, April 08, 2013 - JOSEFINA F. INGLES, JOSE F. INGLES, JR., HECTOR F. INGLES, JOSEFINA I. ESTRADA, AND TERESITA I. BIRON, Petitioners, v. HON. ESTRELLA T. ESTRADA, IN HER CAPACITY AS FORMER EXECUTIVE JUDGE, REGIONAL TRIAL COURT OF QUEZON CITY, AND CHARLES J. ESTEBAN, Respondents.; G.R. NO. 147186 - JOSEFINA F. INGLES, JOSE F. INGLES, JR., HECTOR F. INGLES, JOSEFINA I. ESTRADA AND TERESITA I. BIRON, Petitioners, v. HON. ARSENIO J. MAGPALE, JUDGE, PRESIDING OVER BRANCH 225, REGIONAL TRIAL COURT, QUEZON CITY, AND CHARLES J. ESTEBAN, Respondents.; G.R. NO. 173641 - JOSEFINA F. INGLES, JOSE F. INGLES, JR., HECTOR INGLES, JOSEFINA I. ESTRADA AND TERESITA I. BIRON, Petitioenrs, v. CHARLES J. ESTEBAN, Respondent.