Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2013 > September 2013 Decisions > G.R. No. 194948, September 02, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FREDDY SALONGA Y AFIADO, Accused-Appellant.:




G.R. No. 194948, September 02, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FREDDY SALONGA Y AFIADO, Accused-Appellant.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

G.R. No. 194948, September 02, 2013

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FREDDY SALONGA Y AFIADO, Accused-Appellant.

D E C I S I O N

SERENO, C.J.:

Before this Court is an appeal from the Decision1 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 03754 affirming in toto the Decision2 in Criminal Case Nos. 03-336 and 03-337. The Regional Trial Court of Binangonan, Rizal, Branch 67 (RTC) Decision found Freddy Salonga y Afiado guilty of violating Sections 5 and 11, Article II of Republic Act No. 9165 (R.A. 9165), otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

The Facts

The accused was charged under two separate Informations3 docketed as Criminal Case Nos. 03-336 and 03-337 for violation of Sections 5 and 11, Article II of Republic Act (R.A.) No. 9165 (illegal sale and possession of dangerous drugs, respectively).

Version of the Prosecution

Police Officer (PO) 3 Gabriel Santos (PO3 Santos) testified that confidential information was obtained that the accused was selling illegal drugs at his residence in Barangay Libis, Wawa, Binangonan, Rizal. Consequently, a buy-bust operation was conducted on 7 October 2003, whereupon the accused was arrested for selling methamphetamine hydrochloride or shabu.4cralaw virtualaw library

PO2 Bernardo T. Suarez (PO2 Suarez), who acted as poseur-buyer, went to the house of the accused accompanied by a police �asset.� The asset told the accused that they were going to buy drugs, and upon agreement, PO2 Suarez gave accused two (2) marked P100 bills. In return, the accused gave PO2 Suarez a deck of shabu. PO2 Suarez then lit a cigarette, which was the agreed signal that the transaction was completed. Thereafter, the accused was arrested by the team.5cralaw virtualaw library

The police officers, who introduced themselves as members of the CIDG, informed the accused of the reason of his arrest, after which accused was frisked and three (3) more sachets of shabu were seized from him. Thereafter, they proceeded to the police station, where the sachets of shabu were marked and later brought to the Philippine National Police (PNP) Crime Laboratory.6cralaw virtualaw library

PO2 Suarez testified that he was the one who marked the sachets with his own initials and who prepared the letter-request for laboratory examination of the specimens.7 The seized sachets were then delivered to Eastern Police District Crime Laboratory for examination.8 Police Senior Inspector Annalee R. Forro (P/S Insp. Forro), PNP Forensic Chemical Officer, admitted in her testimony that she personally received the drug specimens9 which tested positive for methamphetamine hydrochloride.10cralaw virtualaw library

Version of the Defense

The defense presented the accused and Virginia Agbulos (Agbulos) as their witnesses.

Accused testified that at around 5 o�clock in the afternoon of 7 October 2003, while he was in front of his elder brother�s house with Larry Ocaya and a certain Apple,11 two persons arrived looking for his brother Ernie Salonga (Ernie).12 The accused was held by the shirt by one named Suarez and was forced to point to the house of his elder brother.13 Upon reaching the house of Ernie, they were informed that Ernie was not there. Thereafter, the police officers arrested the accused.14cralaw virtualaw library

To corroborate the testimony of the accused, Agbulos testified that she was with the buy-bust operation team together with Myleen Cerda, who was a police asset, and two police officers. The team was initially looking for Ernie, and it was to her surprise that accused was arrested when Ernie was not found. The accused was then brought to and detained at the CIDG at Karangalan, Cainta, Rizal.15cralaw virtualaw library

After the parties stipulated that the testimony of the proposed witness Larry Ocaya was corroborative of the statements given by the accused, the defense dispensed with his testimony.16cralaw virtualaw library

Upon arraignment, the accused pleaded not guilty to both charges.17cralaw virtualaw library

The Rtc Ruling

After trial on the merits, the RTC rendered a Decision18 finding the accused guilty beyond reasonable doubt of violation of Sections 5 and 11, Article II of R.A. 9165. The trial court ruled that corpus delicti was presented in the form of shabu samples and the chemistry report. The testimony of prosecution witness PO2 Suarez was found by the trial court as having presented a clear picture detailing the transaction. The testimonies of the police officers were given credence in consideration of the presumption of regularity in the performance of their duties. On the other hand, the denials of the accused were found to be negative, weak, and self-serving. The RTC likewise observed that apart from her incredible testimony, witness Agbulos� demeanour in court of being quick to answer, though questions were not yet finished, indicated coaching, which added to her lack of credibility. Indubitably, the accused was caught in flagrante delicto of selling shabu which led to a warrantless arrest and search which yielded the possession of more illegal drugs.

The CA Ruling

On appeal, the CA affirmed in toto the Decision of the RTC and dismissed the appeal.19 The appellate court ruled that the prosecution was able to sufficiently bear out the statutory elements of the crime. It held that in the absence of proof of any odious intent on the part of the police operatives to falsely impute a serious crime against the accused, the court will not allow the testimonies of the prosecution to be overcome by a self-serving claim of frame-up. 20 Factual findings of the trial court are accorded respect and great weight, unless there is a misapprehension of facts.21cralaw virtualaw library

With respect to the question on chain of custody, the appellate court found that the drugs confiscated from the accused were properly accounted for and forthrightly submitted to the Crime Laboratory. The CA further ruled that nothing invited the suspicion that the integrity and evidentiary value of the seized articles were jeopardized.22cralaw virtualaw library

The Issue

Whether or not the RTC and the CA erred in finding that the evidence of the prosecution was sufficient to convict the accused of the alleged sale and possession of methamphetamine hydrochloride, in violation of Sections 5 and 11, respectively, of R.A. 9165.

The Ruling of the Court

The accused maintains that there was no clear and convincing evidence warranting his conviction, as the prosecution failed to establish the actual exchange of the alleged shabu and the buy-bust money. It was not clearly shown how the buy-bust operation transpired.23cralaw virtualaw library

The accused further argues that the prosecution failed to prove that the subject items allegedly confiscated from him were the same ones submitted to the forensic chemist for examination;24 thus, they were not able to establish the unbroken chain of custody of the illegal drugs.25cralaw virtualaw library

After a careful scrutiny of the records, the Court finds the appeal to be impressed with merit.

It has been consistently ruled that the elements needed to be proven to successfully prosecute a case of illegal sale of drugs are: (1) the identity of the buyer and the seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment therefor.26cralaw virtualaw library

Simply put, the prosecution must establish that the illegal sale of the dangerous drugs actually took place together with the presentation in court of the corpus delicti or the dangerous drugs seized in evidence.27 Central to this requirement is the question of whether the drug submitted for laboratory examination and presented in court was actually recovered from the accused.28cralaw virtualaw library

The Court has adopted the chain of custody rule, a method of authenticating evidence which requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be. �It would include testimony about every link in the chain, from the moment the item was picked up to the time it is offered in evidence, in such a way that every person who touched the exhibit would describe how and from whom it was received, where it was and what happened to it while in the witness� possession, the condition in which it was received and the condition in which it was delivered to the next link in the chain. These witnesses would then describe the precautions taken to ensure that there had been no change in the condition of the item and no opportunity for someone not in the chain to have possession of the same.�29cralaw virtualaw library

Contrary to the claim of accused, the prosecution was able to clearly recount how the buy-bust operation was conducted. However, the Court finds that the chain of custody was broken in view of several infirmities in the procedure and the evidence presented.

Section 21 of R.A. 9165 delineates the mandatory procedural safeguards in buy-bust operations, which reads:chanrobles virtua1aw 1ibrary
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. � The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:

(1)
The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof; xxx.
In People v. Salonga,30 we held that it is essential for the prosecution to prove that the prohibited drug confiscated or recovered from the suspect is the very same substance offered in court as an exhibit. This Court, however, finds reasonable doubt on the evidence presented to prove an unbroken chain of custody.

First, it is not clear from the evidence that the marking, which was done in the police station, was made in the presence of the accused or his representative. Although we have previously ruled that the marking upon �immediate� confiscation of the prohibited items contemplates even that which was done at the nearest police station or office of the apprehending team,31 the same must always be done in the presence of the accused or his representative. Thus, there is already a gap in determining whether the specimens that entered into the chain were actually the ones examined and offered in evidence.

�Crucial in proving chain of custody is the marking of the seized drugs or other related items immediately after they are seized from the accused. Marking after seizure is the starting point in the custodial link, thus it is vital that the seized contrabands are immediately marked because succeeding handlers of the specimens will use the markings as reference. The marking of the evidence serves to separate the marked evidence from the corpus of all other similar or related evidence from the time they are seized from the accused until they are disposed of at the end of criminal proceedings, obviating switching, planting, or contamination of evidence.�32cralaw virtualaw library

Second, the prosecution failed to duly accomplish the Certificate of Inventory and to take photos of the seized items pursuant to the above-stated provision. There is nothing in the records that would show at least an attempt to comply with this procedural safeguard; neither was there any justifiable reason propounded for failing to do so.

Third, we find conflicting testimony and glaring inconsistencies that would cast doubt on the integrity of the handling of the seized drugs. The material inconsistency of who actually received the specimens in the Crime Laboratory creates a cloud of doubt as to whether the integrity and evidentiary value of the seized items were preserved.

PO3 Santos testified on direct examination:chanrobles virtua1aw 1ibrary
Q
What did you do with the 3 plastic sachets containing white crystalline substance recovered from the accused?
A
We brought them to the office and we made some markings on the specimens and they were brought to the PNP Crime Laboratory.33
To corroborate the same, P/S Insp. Forro, the Forensic Chemical Officer, testified as follows:chanrobles virtua1aw 1ibrary
Q
Who brought those specimens to your office?
A
It was a certain PO2 Santos.
Q
Who received the specimens?
A
I received it personally.34 (Emphasis supplied)
However, a perusal of the Request for Laboratory Examination presented by the prosecution shows:chanrobles virtua1aw 1ibrary
EPD CRIME LABORATORY
SAINT FRANCIS ST. MANDALUYONG CITY
CONTROL NR. 3392-03
CASE NR: D-1908-03
TIME & DATE REC�VD: 1315H 08 OCT �03
RECORDED BY: PO3 KAYAT
RECEIVED BY: PSI CARI�O
D/by: PO3 SANTOS 35(Emphasis supplied)
The marked discrepancy between the testimony of P/S Insp. Forro and the documentary evidence, which shows that a certain PSI Cari�o received the specimens, was not explained by the prosecution. This material and glaring inconsistency creates doubt as to the preservation of the seized items.

Moreover, although PO2 Suarez testified that he was the one who marked the specimens with his own initials,36 he did not identify the seized items in open court to prove that the ones he marked were the same specimens brought to the laboratory for testing and eventually presented in open court. Neither did PO3 Santos, the one who delivered the request and the specimens to the laboratory, identify in open court that the specimens presented are the same specimens he delivered to the laboratory for testing.

While P/S Insp. Forro testified that the specimens she received for testing were the same ones presented in court,37 this Court cannot accurately determine whether the tested specimens were the same items seized from the accused and marked by PO2 Suarez. The failure of the police officers to identify the seized drugs in open court created another gap in the link. Thus, the identity of the corpus delicti was not proven.

The gaps in the chain of custody creates a reasonable doubt as to whether the specimens seized from the accused were the same specimens brought to the laboratory and eventually offered in court as evidence. Without adequate proof of the corpus delicti, the conviction cannot stand.

In People v. De Guzman,38 this Court ruled:chanrobles virtua1aw 1ibrary
Accordingly, the failure to establish, through convincing proof, that the integrity of the seized items has been adequately preserved through an unbroken chain of custody is enough to engender reasonable doubt on the guilt of an accused. Reasonable doubt is that doubt engendered by an investigation of the whole proof and an inability after such investigation to let the mind rest upon the certainty of guilt. Absolute certainty of guilt is not demanded by the law to convict a person charged with a crime, but moral certainty is required as to every proposition of proof requisite to constitute the offense. A conviction cannot be sustained if there is a persistent doubt on the identity of the drug.39
Finally, the presumption of regularity in the performance of official duty cannot be invoked by the prosecution where the procedure was tainted with material lapses. These lapses effectively produced serious doubts on the integrity and identity of the corpus delicti, especially in the face of allegations of frame-up which was testified to by a third party witness.40 The presumption of regularity in the performance of official duty cannot by itself overcome the presumption of innocence nor constitute proof beyond reasonable doubt.41cralaw virtualaw library

The inconsistency in the evidence and the weak presentation of the prosecution leaves a gaping hole in the chain of custody, which creates a reasonable doubt on the guilt of the accused. In view of the prosecution�s failure to adduce justifiable grounds on their procedural lapses and the unexplained conflicting inconsistencies in the evidence presented, we are constrained to reverse the finding of the court a quo.

As held in People v. Umipang,42 �x x x, we reiterate our past rulings calling upon the authorities to exert greater efforts in combating the drug menace using the safeguards that our lawmakers have deemed necessary for the greater benefit of our society. The need to employ a more stringent approach to scrutinizing the evidence of the prosecution � especially when the pieces of evidence were derived from a buy-bust operation � redounds to the benefit of the criminal justice system by protecting civil liberties and at the same time instilling rigorous discipline on prosecutors.�

WHEREFORE, the appealed CA Decision dated 3 June 2010 in CA-G.R. CR-H.C. No. 03754 affirming the RTC Decision in Crim. Case Nos. 03-336 and 03-337 dated 29 November 2008 is SET ASIDE. Accused Freddy Salonga y Afiado is hereby ACQUITTED of the charges on the ground of reasonable doubt. The Director of the Bureau of Corrections is hereby ORDERED to immediately RELEASE the accused from custody, unless he is detained for some other lawful cause.chanroblesvirtualawlibrary

SO ORDERED.

Leonardo-De Castro, Bersamin, Villarama, Jr., and Mendoza,*JJ, concur.

Endnotes:


* Designated additional member in lieu of Associate Justice Bienvenido L. Reyes who penned the CA Decision per raffle dated 26 September 2011.cralawnad

1Rollo, pp. 2-11; dated 3 June 2010 penned by Associate Justice Bienvenido L. Reyes (now a member of this Court) and concurred in by Associate Justices Ramon R. Garcia and Elihu A. Yba�ez.cralawnad

2 CA rollo, pp. 32-33; dated 29 November 2008 penned by Presiding Judge Dennis Patrick Z. Perez.cralawnad

3 Records (Crim. Case No. 03-336, p. 1; Records (Crim. Case no. 03-337), p. 1.cralawnad

4 TSN, 26 April 2006, pp. 5-14.cralawnad

5 Joint Sworn Affidavit, records (Criminal Case No. 03-337), pp. 4-5.cralawnad

6 Id. at 5.cralawnad

7 TSN, 31 January 2007, p. 6.cralawnad

8 Supra note 3, at 5.cralawnad

9 TSN, 6 May 2005, p.7.cralawnad

10 Physical Science Report No. D-1908-03E, records (Criminal Case No. 03-337), p. 7.cralawnad

11 TSN, 10 April 2008, p. 10.cralawnad

12 Id. at 4-5.cralawnad

13 Id. at 6.cralawnad

14 Id.cralawnad

15 TSN, 27 August 2008, pp. 4-15.cralawnad

16 Order, records (Criminal Case No. 03-336), p. 148.cralawnad

17 Order, id. at 17.cralawnad

18 Id. at 157-158.cralawnad

19Rollo, p. 11, CA Decision.cralawnad

20 Id. at 7.cralawnad

21 Id. at 8.cralawnad

22 Id. at 9.cralawnad

23 Supplemental Brief of the accused, id. at 29.cralawnad

24 Id. at 30.cralawnad

25 Id. at 32.cralawnad

26People v. Tiu, 469 Phil. 163, 173 (2004); Chan v. Secretary of Justice, G.R. No. 147065, 14 March 2008, 548 SCRA 337.cralawnad

27People v. Berdadero, G.R. No. 179710, 29 June 2010, 622 SCRA 196, 202.cralawnad

28People v. Robles, G.R. No. 177220, 24 April 2009, 586 SCRA 647.cralawnad

29Malillin v. People, G.R. No. 172953, 30 April 2008, 553 SCRA 619, 632-633.cralawnad

30 G.R. No. 186390, 2 October 2009, 602 SCRA 783.cralawnad

31Imson v. People, G.R. 193003, 13 July 2011, 653 SCRA 826.cralawnad

32People v. Coreche, G.R. No. 182528, 14 August 2009, 596 SCRA 350, 357-358.cralawnad

33 TSN, 26 April 2006, p.13.cralawnad

34 TSN, 6 May 2005, p. 7.cralawnad

35 Exhibit �B,� records (Criminal Case No. 03-336), p. 61.cralawnad

36 TSN, 31 January 2007, p.6.cralawnad

37 TSN, 6 May 2005, p. 6.cralawnad

38 G.R. No. 186498, 26 March 2010, 616 SCRA 652.cralawnad

39 Id. at 668.cralawnad

40People v. Umipang, G.R. No. 190321, 25 April 2012, 671 SCRA 324.cralawnad

41 See Valdez v. People, 563 Phil. 934 (2007).cralawnad

42 Supra note 35, at 356.



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  • G.R. No. 169461, September 02, 2013 - FIRST GAS POWER CORPORATION, Petitioner, v. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE OFFICE OF THE SOLICITOR GENERAL, Respondent.

  • A.M. No. MTJ-07-1683, September 11, 2013 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. HON. SANTIAGO E. SORIANO, FORMER ACTING PRESIDING JUDGE, MUNICIPAL TRIAL COURT IN CITIES, SAN FERNANDO CITY, LA UNION, AND PRESIDING JUDGE, MUNICIPAL TRIAL COURT, NAGUILIAN, LA UNION, Respondent.

  • G.R. No. 167484, September 09, 2013 - HERNANDO BORRA, JOHN PACHEO, DANILO PEREZ, FELIZARDO SIMON, RAMON BUENACOSA, JR., FELIX BELADOR, WILFREDO LUPO, RONALD VILLARIAS, ARSENIO MINDANAO, MAX NONALA, SIMPLICIO DE ERIT, NOEL DONGUINES, JULIO BORRA, MELCHOR JAVIER, JOHNNY ENRICO VARGAS, PAQUITO SONDIA, JOSE SALAJOG, ELMER LUPO, RAZUL ARANEZ, NELSON PEREZ, BALBINO ABLAY, FERNANDO SIMON, JIMMY VILLARTA, ROMEO CAINDOC, SALVADOR SANTILLAN, ROMONEL JANEO, ERNESTO GONZALUDO, JOSE PAJES, ROY TAN, FERNANDO SANTILLAN JR., DEMETRIO SEMILLA, RENE CORDERO, EDUARDO MOLENO, ROMY DINAGA, HERNANDO GUMBAN, FEDERICO ALVARICO, ELMER CATO, ROGELIO CORDERO, RODNEY PAJES, ERNIE BAYER, ARMANDO TABARES, NOLI AMADOR, MARIO SANTILLAN, ALANIL TRASMONTE, VICTOR ORTEGA, JOEVING ROQUERO, CYRUS PINAS, DANILO PERALES, AND ALFONSO COSAS, JR., Petitioners, v. COURT OF APPEALS SECOND AND NINETEENTH DIVISIONS AND HAWAIIAN PHILIPPINE COMPANY, Respondents.

  • G.R. No. 184732, September 09, 2013 - CORAZON S. CRUZ UNDER THE NAME AND STYLE,VILLA CORAZON CONDO DORMITORY, Petitioner, v. MANILA INTERNATIONAL AIRPORT AUTHORITY, Respondent.

  • A.M. No. P-04-1903 (Formerly A.M. No. 04-10-597-RTC), September 10, 2013 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. DONABEL M. SAVADERA, MA. EVELYN M. LANDICHO AND CONCEPCION G. SAYAS, ALL OF THE RTC, OCC, LIPA CITY, BATANGAS, ATTY. CELSO M. APUSEN AND ATTY. SHEILA ANGELA P. SARMIENTO, Respondents.

  • G.R. Nos. 167274-75, September 11, 2013 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. FORTUNE TOBACCO CORPORATION, Respondent.; G.R. No. 192576, September 11, 2013 - FORTUNE TOBACCO CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 174461, September 11, 2013 - LETICIA I. KUMMER, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. Nos. 175277 & 175285, September 11, 2013 - UNICAPITAL, INC., UNICAPITAL REALTY, INC., AND JAIME J. MARTIREZ, Petitioners, v. RAFAEL JOSE CONSING, JR. AND THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF PASIG CITY, BRANCH 168, Respondents.; G.R. No. 192073, September 11, 2013 - RAFAEL JOSE CONSING, JR., Petitioner, v. HON. MARISSA MACARAIG-GUILLEN, IN HER CAPACITY AS THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 60 AND UNICAPITAL, INC., Respondents.

  • A.C. No. 9860, September 11, 2013 - JOSEPHINE L. OROLA, MYRNA L. OROLA, MANUEL L. OROLA, MARY ANGELYN OROLA-BELARGA, MARJORIE MELBA OROLA-CALIP, AND KAREN OROLA, Complainants, v. ATTY. JOSEPH ADOR RAMOS, Respondent.

  • G.R. Nos. 187308 & 187517, September 18, 2013 - HILARIA BAGAYAS, Petitioner, v. ROGELIO BAGAYAS, FELICIDAD BAGAYAS, ROSALINA BAGAYAS, MICHAEL BAGAYAS, AND MARIEL BAGAYAS, Respondents.

  • G.R. No. 179594, September 11, 2013 - MANUEL UY & SONS, INC., Petitioner, v. VALBUECO, INCORPORATED, Respondent.

  • G.R. Nos. 171594-96, September 18, 2013 - ASIA BREWERY, INC., Petitioner, v. TUNAY NA PAGKAKAISA NG MGA MANGGAGAWA SA ASIA (TPMA), Respondent.

  • G.R. No. 203039, September 11, 2013 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), Petitioner, v. BANK OF THE PHILIPPINE ISLANDS (BPI), Respondent.

  • G.R. No. 174665, September 18, 2013 - PHILIPPINE RECLAMATION AUTHORITY (FORMERLY KNOWN AS THE PUBLIC ESTATES AUTHORITY), Petitioner, v. ROMAGO, INCORPORATED, Respondent.; G.R. No. 175221, September 18, 2013 - ROMAGO, INCORPORATED, Petitioner, v. PHILIPPINE RECLAMATION AUTHORITY (FORMERLY PUBLIC ESTATES AUTHORITY), Respondent.

  • G.R. No. 187731, September 18, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SPO1 ALFREDO ALAWIG, Accused-Appellant.

  • G.R. No. 184011, September 18, 2013 - REYNALDO HAYAN MOYA, Petitioner, v. FIRST SOLID RUBBER INDUSTRIES, INC., Respondent.

  • G.R. No. 179987, September 03, 2013 - HEIRS OF MARIO MALABANAN, (REPRESENTED BY SALLY A. MALABANAN), Petitioners, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 196200, September 11, 2013 - ERNESTO DY, Petitioner, v. HON. GINA M. BIBAT-PALAMOS, IN HER CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 64, MAKATI CITY, AND ORIX METRO LEASING AND FINANCE CORPORATION, Respondents.

  • G.R. No. 170018, September 23, 2013 - DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY OIC-SECRETARY NASSER C. PANGANDAMAN, Petitioner, v. THE COURT OF APPEALS AND BASILAN AGRICULTURAL TRADING CORPORATION (BATCO), Respondents.

  • G.R. No. 203315, September 18, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOEY BACATAN, Accused-Appellant.

  • G.R. No. 182371, September 04, 2013 - HEIRS OF MELENCIO YU AND TALINANAP MATUALAGA (NAMELY: LEONORA, EDUARDO, VIRGILIO, VILMA, IMELDA, CYNTHIA, AND NANCY, ALL SURNAMED YU), REPRESENTED BY LEONORA, VIRGILIO AND VILMA, Petitioners, v. HONORABLE COURT OF APPEALS, SPECIAL TWENTY-FIRST DIVISION (TWENTY-SECOND DIVISION); ROSEMARIE D. ANACAN-DIZON (IN HER CAPACITY AS DIVISION CLERK OF COURT); MARION C. MIRABUENO (IN HER CAPACITY AS OIC-CLERK OF COURT OF THE REGIONAL TRIAL COURT, GENERAL SANTOS CITY), AND HEIRS OF CONCEPCION NON ANDRES (NAMELY: SERGIO, JR., SOFRONIO AND GRACELDA, ALL SURNAMED ANDRES), REPRESENTED BY GRACELDA N. ANDRES, Respondents.

  • G.R. No. 198075, September 04, 2013 - KOPPEL, INC. (FORMERLY KNOWN AS KPL AIRCON, INC.), Petitioner, v. MAKATI ROTARY CLUB FOUNDATION, INC., Respondent.

  • G.R. No. 167174, September 23, 2013 - SPOUSES CARMELITO AND ANTONIA ALDOVER, Petitioners, v. THE COURT OF APPEALS, SUSANA AHORRO, ARLINE SINGSON, BIBIANA CAHIBAYBAYAN, LUMINADA ERQUIZA,1 ANGELITA ALBERT, JOSELITO ACULA, SORAYDA ACULA, JOMAR ACULA, CECILIA FAMORCA, CELESTE VASQUEZ, ALFONSO CABUWAGAN, CARMELITA RIVERA, JESSIE CAHIBAYBAYAN, MA. ANA V. TAKEGUCHI, ROSEMARIE BONIFACIO, ANGELINA FLORES, ALMACERES D. MISHIMA, AURELIA CAHIBAYBAYAN, SONIA S. MALAQUE, NORA ANTONIO, REYNALDO ANTONIO, REGINALD ANTONIO, RONALDO ANTONIO, JR., JUANITA CHING,2 MARIETA PACIS, TITO PACIS, JOSE IBAYAN, ELSIE SISON, LEONARDO SISON, MERCEDES ANTONIO, RICARDO SARMIENTO,3 SERGIO TEGIO, CRISENCIA FAVILLAR, NELLY FERNANDEZ, MARILYN DE VEGA, CELIA TUAZON, CELINE RAMOS, EUTEMIO RAMOS, LUZVIMINDA VERUEN, NICANOR ORTEZA, ADELAIDA CALUGAN,4 GLORIA AGBUSAC,5 VIRGINIA GAON, REMIGIO MAYBITUIN, LAURA GARCIA, CHARLES GARCIA, MA. CRISTINA GARCIA,6 RICARDO SARMIENTO, SR., ROBERTO TUAZON, GEMMA TUAZON, ANALYN TUAZON, JOHN ROBERT TUAZON, ELJEROME TUAZON, JEMMALYN TUAZON, MILAGROS TUBIGO,7 MARICAR TUBIGO,8 MARISSA BITUIN,9 ROGER GOBRIN, MARCELINA RAMOS, ESTRELLA RAMOS, ALFREDO RAMOS, ADORACION RAMOS, ERICSON RAMOS, CAMILLE RAMOS, RAMIL MARQUISA,10 ROMEO PORCARE, NIDA PORCARE, JEROME PORCARE, JONATHAN PORCARE, PILARCITA ABSIN, JHON-JHON ABSIN, JASON ABSIN,11 JAYSON ABSIN, EDWARDO ABSIN, MAMRIA EDEN,12 ARNEL REUCAZA, ZENAIDA REUCAZA, MICHELE REUCAZA, NALYN REUCAZA,13 MARICRIS REUCAZA, ABELLE REUCAZA,14 JHON VILLAVECENCIO, CILLE VILLAVECENCIO, ARIEL CAHIBAYBAYAN, JOHN EDWARD VILLAVECENCIO, ARCELITO VILLAVECENCIO, FERMINA RIVERA, ANITA RIVERA,15 EDWIN HOSMILLO, ESTER HOSMILLO, REGINE HOSMILLO, MARFIKIS VENZON, CURT SMITH VENZON, ALBERTO VILLAVECENCIO, MARILYN DE VEGA, JEFFREY DE VEGA, LIANA DE VEGA, RAMIL DE VEGA,16 SHANE VENZON, RUFO SINGSON, ROSALIE BALINGIT, RAUL SINGSON, HAZEL GARCIA, CRISTINE GARCIA, JASON GARCIA, ECY B. TAN,17 GREGORIO AURE, ICTORIA SARMIENTO,18 OSCAR TUBIGO,19 JOVY SARMIENTO, BABYLYN SARMIENTO, JEAN CAHIBAYBAYAN,20 RONALD CAHIBAYBAYAN,21 ALLAN CAHIBAYBAYAN, AMELIA DEQUINA, DENNIS DEQUINA, IRMA DEQUINA, FREDERICK DEQUINA, CRISTINE JOY DEQUINA, ENRIQUE LOPEZ,22 NERY LOPEZ, NERISSA LOPEZ, ERICA LOPEZ, VANESSA LOPEZ, LEO JIMENEZ, MICHELLE JIMENEZ, MAYLEEN JIMENEZ, LEONARDO JIMENEZ,23 FELICIANO MIRALLES, VIRGINIA ECIJA, LEONARDO AHORRO, MA. GINA SORIO, ARNEL SORIO, JOENNY PAVILLAR, SALVACION PAVILLAR, JOHNNY BALDERAMA, MARY JANE BALDERAMA, FERDINAND MALAQUE, MARK ADELCHI MALAQUE, CLIO JOY MALAQUE, IRISH MADLANGBAYAN, EFFERSON MADLANGBAYAN, ROBERTO MALAQUE, HELARIA MALAQUE,24 ARBIE MAY MALAQUEROY,25 GILBERT MALAQUE,26 SARRY LEGASPI, TERESITA LEGASPI, ROSEANN CRUZ, SHE ANN CRUZ, EXELEN LEGASPI, GREGORIO RAMOS, NENITA RAMOS, FELINO TEGIO, JOYZAIRRA ACULA, JUANITO CALUGAY,27 GEMMA CALUGAY, CARLITO ANTONIO, CELIA ANTONIO,28 PRINCES MARGARET,29 JOSE CECILIO,30 JEROME CZAR,31 RAMON SISON, DANILO SISON, MARILOU SISON, ALEX RIVERA, NARCISO DEL ROSARIO, BRIAN DEL ROSARIO,32 CHARLINE DEL ROSARIO, CARMELA DEL ROSARIO, KEVIN DEL ROSARIO, BEHNSIN JOHN DEL PACIS,33 MELRON ANTONIO, ANGEO ANTONIO,34 DAISY ANN ANTONIO, IVAN ANTONIO, RAYMART ANTONIO, PRESCILLA PAGKALIWANGAN, MARK KENNETH PAGKALIWANGAN, MARK JULIUS PAGKALIWANGAN, VINCENT PAGKALIWANGAN, DOLORES ORTEZA, JONECA ORTEZA,35 YUMI ORTEZA, NICANOR ORTEZA, RAUL BALINGIT, KATRINA CASSANDRA BAES, CHRISTOPHER BAES, MARK GIL BAES, BIENVENIDO BAES, ARTEMIO SANTOS, CATHERINE UMINGA, ROLANDO UMINGA, SR., ERLINDA TUAZON, CHRISTIAN TUAZON, ARGEL ANGELO SANTOS, MONTANO PAGKALIWANGAN, IN THEIR OWN BEHALF AND AS MEMBERS OF SAMAHANG MAGKAKAPITBAHAY NG VILLA REYES COMPOUND ASSOCIATION, Respondents.

  • G.R. No. 183804, September 11, 2013 - S.C. MEGAWORLD CONSTRUCTION AND DEVELOPMENT CORPORATION, Petitioner, v. ENGR. LUIS U. PARADA, REPRESENTED BY ENGR. LEONARDO A. PARADA OF GENLITE INDUSTRIES, Respondent.

  • G.R. Nos. 169823-24, September 11, 2013 - HERMINIO T. DISINI, Petitioner, v. THE HON. SANDIGANBAYAN, FIRST DIVISION, AND THE PEOPLE OF THE PHILIPPINES, Respondents.; G.R. Nos. 174764-65, September 11, 2013 - HERMINIO T. DISINI, Petitioner, v. SANDIGANBAYAN, FIRST DIVISION, AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 183952, September 09, 2013 - CZARINA T. MALVAR, Petitioner, v. KRAFT FOOD PHILS., INC. AND/OR BIENVENIDO BAUTISTA, KRAFT FOODS INTERNATIONAL, Respondents.

  • G.R. No. 201787, September 25, 2013 - ANALITA P. INOCENCIO, SUBSTITUTING FOR RAMON INOCENCIO (DECEASED), Petitioner, v. HOSPICIO DE SAN JOSE, Respondent.

  • G.R. No. 200080, September 18, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARVIN CAYANAN, Accused-Appellant.

  • G.R. No. 203068, September 18, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RYAN FRIAS Y GALANG A.K.A. �TAGADOG�, Accused-Appellant.

  • G.R. No. 206987, September 10, 2013 - ALLIANCE FOR NATIONALISM AND DEMOCRACY (ANAD), Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

  • G.R. No. 202370, September 23, 2013 - JUAN SEVILLA SALAS, JR., Petitioner, v. EDEN VILLENA AGUILA, Respondent.

  • G.R. No. 201103, September 25, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JIMMY CEDENIO Y PERALTA, Accused-Appellant.

  • G.R. No. 197550, September 25, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARTURO ENRIQUEZ Y DE LOS REYES, Accused-Appellant.

  • G.R. No. 198444, September 04, 2013 - CITIBANK N.A. AND THE CITIGROUP PRIVATE BANK, Petitioners, v. ESTER H. TANCO-GABALDON, ARSENIO TANCO & THE HEIRS OF KU TIONG LAM, Respondents.; G.R. No. 198469-70, September 04, 2013 - CAROL LIM, Petitioner, v. ESTER H. TANCO-GABALDON, ARSENIO TANCO & THE HEIRS OF KU TIONG LAM, Respondents.

  • G.R. No. 197522, September 11, 2013 - ELISEO V. AGUILAR, Petitioner, v. DEPARTMENT OF JUSTICE, PO1 LEO T. DANGUPON, 1ST LT. PHILIP FORTUNO, CPL. EDILBERTO ABORDO, SPO3 GREGARDRO A. VILLAR, SPO1 RAMON M. LARA, SPO1 ALEX L. ACAYLAR, AND PO1 JOVANNIE C. BALICOL, Respondents.

  • G.R. No. 158866, September 09, 2013 - BANCO FILIPINO SAVINGS AND MORTGAGE BANK, Petitioner, v. TALA REALTY SERVICES CORPORATION, PEDRO B. AGUIRRE, REMEDIOS A. DUPASQUIER, PILAR D. ONGKING, ELIZABETH H. PALMA, DOLLY W. LIM, RUBENCITO M. DEL MUNDO, ADD INTERNATIONAL SERVICES, INCORPORATED, AND NANCY L. TY, Respondents.; G.R. No. 181933, September 09, 2013 - NANCY L. TY, Petitioner, v. BANCO FILIPINO SAVINGS AND MORTGAGE BANK, Respondent.; G.R. No. 187551, September 09, 2013 - BANCO FILIPINO SAVINGS AND MORTGAGE BANK, Petitioner, v. COURT OF APPEALS, TALA REALTY SERVICES CORPORATION, NANCY L. TY, PEDRO B. AGUIRRE, REMEDIOS A. DUPASQUIER, PILAR D. ONGKING, ELIZABETH H. PALMA, DOLLY W. LIM, RUBENCITO M. DEL MUNDO, AND ADD INTERNATIONAL SERVICES, INCORPORATED, Respondents.

  • B.M. No. 2540, September 24, 2013 - IN RE: PETITION TO SIGN IN THE ROLL OF ATTORNEYS MICHAEL A. MEDADO, Petitioner.

  • G.R. No. 171633, September 18, 2013 - JUANITO VICTOR C. REMULLA, Petitioner, v. ERINEO S. MALIKSI, IN HIS CAPACITY AS GOVERNOR OF THE PROVINCE OF CAVITE, RENATO A. IGNACIO, IN HIS CAPACITY AS PROVINCIAL LEGAL OFFICER OF THE PROVINCE OF CAVITE, MARIETTA O'HARA DE VILLA, HEIRS OF HIGINO DE VILLA, GOLDENROD, INC., SONYA G. MATHAY, AND ELEUTERIO M. PASCUAL, Respondents.

  • G.R. No. 171206, September 23, 2013 - HEIRS OF THE LATE SPOUSES FLAVIANO MAGLASANG AND SALUD ADAZA-MAGLASANG, NAMELY, OSCAR A. MAGLASANG, EDGAR A. MAGLASANG, CONCEPCION CHONA A. MAGLASANG, GLENDA A. MAGLASANG-ARNAIZ, LERMA A. MAGLASANG, FELMA A. MAGLASANG, FE DORIS A. MAGLASANG, LEOLINO A. MAGLASANG, MARGIE LEILA A. MAGLASANG, MA. MILALIE A. MAGLASANG, SALUD MAGLASANG, AND MA. FLASALIE A. MAGLASANG, REPRESENTING THE ESTATES OF THEIR AFORE-NAMED DECEASED PARENTS, Petitioners, v. MANILA BANKING CORPORAT ON, NOW SUBSTITUTED BY FIRST SOVEREIGN ASSET MANAGEMENT [SPV-AMC], INC. [FSAMI], Respondent.

  • G.R. Nos. 195011-19, September 30, 2013 - GREGORIO SINGIAN, JR., Petitioner, v. SANDIGANBAYAN (3RD DIVISION), THE PEOPLE OF THE PHILIPPINES, AND THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, Respondents.

  • G.R. No. 180427, September 30, 2013 - CRISANTA GUIDO-ENRIQUEZ, Petitioner, v. ALICIA I. VICTORINO, HEIRS OF ANTONIA VDA. DE VICTORINO, AND HON. RANDY A. RUTAQUIO, IN HIS CAPACITY AS ACTING REGISTER OF DEEDS OF RIZAL FOR MORONG BRANCH, Respondents.

  • G.R. No. 179259, September 25, 2013 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PHILIPPINE AIRLINES, INC. (PAL), Respondent.

  • G.R. No. 204603, September 24, 2013 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE EXECUTIVE SECRETARY, THE SECRETARY OF JUSTICE, THE SECRETARY OF FOREIGN AFFAIRS, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT THE SECRETARY OF FINANCE, THE NATIONAL SECURITY ADVISER, THE SECRETARY OF BUDGET AND MANAGEMENT THE TREASURER. OF THE PHILIPPINES, THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, AND THE CHIEF OF THE PHILIPPINE NATIONAL POLICE, Petitioners, v. HERMINIO HARRY ROQUE, MORO CHRISTIAN PEOPLE'S ALLIANCE, FR. JOE DIZON, RODINIE SORIANO, STEPHANIE ABIERA, MARIA LOURDES ALCAIN, VOLTAIRE ALFEREZ, CZARINA MAY ALTEZ, SHERYL BALOT, RENIZZA BATACAN, EDAN MARRI CANETE, LEANA CARAMOAN, ALDWIN CAMANCE, RENE DELORINO, PAULYN MAY DUMAN, RODRIGO FAJARDO III, ANNA MARIE GO, ANNA ARMINDA JIMENEZ, MARY ANN LEE, LUISA MANALAYSAY, MIGUEL MUSNGI, MICHAEL OCAMPO, NORMAN ROLAND OCANA III, WILLIAM RAGAMAT, MARICAR RAMOS, CHERRY LOU REYES, MELISSA ANN SICAT, CRISTINE MAE TABING, VANESSA TORNO, AND HON. JUDGE ELEUTERIO L. BATHAN, AS PRESIDING JUDGE OF REGIONAL TRIAL COURT, QUEZON CITY, BRANCH 92, Respondents.

  • G.R. No. 192253, September 18, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CARLITO ESPENILLA, Accused-Appellant.

  • G.R. No. 187378, September 30, 2013 - RAMONITO O. ACAAC, PETAL FOUNDATION, INC., APOLINARIO M. ELORDE, HECTOR ACAAC, AND ROMEO BULAWIN, Petitioners, v. MELQUIADES D. AZCUNA, JR., IN HIS CAPACITY AS MAYOR, AND MARIETES B. BONALOS, IN HER CAPACITY AS MUNICIPAL ENGINEER AND BUILDING OFFICIAL-DESIGNATE, BOTH OF LOPEZ JAENA MUNICIPALITY, MISAMIS OCCIDENTAL, Respondents.

  • G.R. No. 197813, September 25, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDWIN IBA�EZ Y ALBANTE AND ALFREDO (FREDDIE) NULLA Y IBA�EZ, Accused-Appellants.

  • G.R. No. 202158, September 25, 2013 - ERIC ALVAREZ, SUBSTITUTED BY ELIZABETH ALVAREZ-CASAREJOS, Petitioner, v. GOLDEN TRI BLOC, INC. AND ENRIQUE LEE, Respondents.

  • G.R. No. 185383, September 25, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GIOVANNI OCFEMIA Y CHAVEZ, Accused-Appellant.

  • G.R. No. 191256, September 18, 2013 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GARY ALINAO, Accused-Appellant.

  • G.R. No. 180064, September 16, 2013 - JOSE U. PUA AND BENJAMIN HANBEN U. PUA, Petitioners, v. CITIBANK, N.A., Respondent.

  • G.R. No. 187268, September 04, 2013 - JOVITO C. PLAMERAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 166330, September 11, 2013 - SMART COMMUNICATIONS, INC., Petitioner, v. ARSENIO ALDECOA, JOSE B. TORRE, CONRADO U. PUA, GREGORIO V. MANSANO, JERRY CORPUZ AND ESTELITA ACOSTA, Respondents.

  • A.M. No. P-13-3105 (Formerly A.M. No. 10-7-83-MTCC), September 11, 2013 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. DESIDERIO W. MACUSI, JR., SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 25, TABUK CITY, KALINGA, Respondent.

  • A.C. No. 9684, September 18, 2013 - MARY ROSE A. BOTO, Complainant, v. SENIOR ASSISTANT CITY PROSECUTOR VINCENT L. VILLENA, CITY PROSECUTOR ARCHIMEDES V. MANABAT AND ASSISTANT CITY PROSECUTOR PATRICK NOEL P. DE DIOS, Respondents.

  • G.R. No. 201760, September 16, 2013 - LBL INDUSTRIES, INC., Petitioner, v. CITY OF LAPU-LAPU, Respondent.

  • G.R. No. 195395, September 10, 2013 - ENGINEER MANOLITO P. MENDOZA, Petitioner, v. COMMISSION ON AUDIT, Respondent.

  • G.R. No. 180284, September 11, 2013 - NARCISO SALAS, Petitioners, v. ANNABELLE MATUSALEM, Respondent.