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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-2014 Jurisprudence                 

  • A.M. No. P-14-3222 (Formerly A.M. OCA IPI NO. 11-3609-P), August 12, 2014 - PRESIDING JUDGE JOSE B. LAGADO AND CLERK OF COURT II JOSEFINA C. EMPUESTO, BOTH OF THE MUNICIPAL TRIAL COURT, MAHAPLAG, LEYTE, Complainants, v. CLERK II BRYAN ANTONIO C. LEONIDO,, Respondent.

  • G.R. No. 204729, August 06, 2014 - LOURDES SUITES (CROWN HOTEL MANAGEMENT CORPORATION), Petitioner, v. NOEMI BINARAO,, Respondent.

  • G.R. No. 203775, August 05, 2014 - ASSOCIATION OF FLOOD VICTIMS AND JAIME AGUILAR HERNANDEZ, Petitioners, v. COMMISSION ON ELECTIONS, ALAY BUHAY COMMUNITY DEVELOPMENT FOUNDATION, INC., AND WESLIE TING GATCHALIAN,, Respondents.

  • G.R. No. 196117, August 13, 2014 - KRYSTLE REALTY DEVELOPMENT CORPORATION, REPRESENTED BY CHAIRMAN OF THE BOARD, WILLIAM C. CU, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.; [G.R. NO. 196129] - CARIDAD RODRIGUEZA, AS SUBSTITUTED BY RUFINO RODRIGUEZA, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.

  • A.C. No. 7766, August 05, 2014 - JOSE ALLAN TAN, Complainant, v. PEDRO S. DIAMANTE, Respondent.

  • A.C. No. 8000, August 05, 2014 - CHAMELYN A. AGOT, Complainant, v. ATTY. LUIS P. RIVERA, Respondent.

  • G.R. No. 171212, August 20, 2014 - INDOPHIL TEXTILE MILLS, INC., Petitioner, v. ENGR. SALVADOR ADVIENTO, Respondents.

  • G.R. No. 193681, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff, MALAYAN INSURANCE COMPANY, INC. AND HELEN Y. DEE, Private Complainants-Petitioners, v. PHILIP PICCIO, MIA GATMAYTAN, MA. ANNABELLA RELOVA SANTOS, JOHN JOSEPH GUTIERREZ, JOCELYN UPANO, JOSE DIZON, ROLANDO PAREJA, WONINA BONIFACIO, ELVIRA CRUZ, CORNELIO ZAFRA, VICENTE ORTUOSTE, VICTORIA GOMEZ JACINTO, JUVENCIO PERECHE, JR., RICARDO LORAYES, PETER SUCHIANCO, AND TRENNIE MONSOD,, Respondents.

  • G.R. No. 189629, August 06, 2014 - DR. PHYLIS C. RIO, Petitioner, v. COLEGIO DE STA. ROSA-MAKATI AND/OR SR. MARILYN B. GUSTILO, Respondents.

  • G.R. No. 193652, August 05, 2014 - INFANT JULIAN YUSAY CARAM, REPRESENTED BY HIS MOTHER, MA. CHRISTINA YUSAY CARAM, Petitioner, v. ATTY. MARIJOY D. SEGUI, ATTY. SALLY D. ESCUTIN, VILMA B. CABRERA, CELIA C. YANGCO, AND OFFICE OF THE SOLICITOR GENERAL, Respondents.

  • A.M. No. P-14-3232 (Formerly: A.M. No. 14-4-46-MTCC), August 12, 2014 - Re: REPORT OF JUDGE RODOLFO D. VAPOR, MUNICIPAL TRIAL COURT IN CITIES [MTCC], TANGUB CITY, MISAMIS OCCIDENTAL, ON THE HABITUAL ABSENTEEISM OF FILIGRIN E. VELEZ, JR., PROCESS SERVER, SAME COURT.

  • G.R. No. 200746, August 06, 2014 - BENSON INDUSTRIES EMPLOYEES UNION-ALU-TUCP AND/OR VILMA GENON, EDISA HORTELANO, LOURDES ARANAS, TONY FORMENTERA, RENEBOY LEYSON, MA. ALONA ACALDO, MA. CONCEPCION ABAO, TERESITA CALINAWAN, NICIFORO CABANSAG, STELLA BARONGO, MARILYN POTOT, WELMER ABANID, LORENZO ALIA, LINO PARADERO, DIOSDADO ANDALES, LUCENA ABESIA, AND ARMANDO YBAÑEZ, Petitioners, v. BENSON INDUSTRIES, INC., Respondent.

  • G.R. No. 204911, August 06, 2014 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MIKE STEVE Y BASMAN AND RASHID MANGTOMA Y NONI, Accused-Appellants.

  • G.R. No. 201111, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALFREDO CERDON Y SANCHEZ, Accused-Appellant.

  • G.R. No. 200250, August 06, 2014 - UPSI PROPERTY HOLDINGS, INC., Petitioner, v. DIESEL CONSTRUCTION CO., INC., Respondent.

  • G.R. No. 182908, August 06, 2014 - HEIRS OF FRANCISCO I. NARVASA, SR., ANDHEIRS OF PETRA IMBORNAL AND PEDRO FERRER,REPRESENTED BY THEIR ATTORNEY-IN-FACT, MRS. REMEDIOS B. NARVASA-REGACHO, Petitioners, v. EMILIANA, VICTORIANO, FELIPE, MATEO, RAYMUNDO, MARIA,AND EDUARDO, ALL SURNAMED IMBORNAL, Respondents.

  • G.R. No. 204651, August 06, 2014 - OUR HAUS REALTY DEVELOPMENT CORPORATION, Petitioner, v. ALEXANDER PARIAN, JAY C. ERINCO, ALEXANDER CANLAS, BERNARD TENEDERO AND JERRY SABULAO, Respondents.

  • G.R. No. 207376, August 06, 2014 - AIDA PADILLA, Petitioner, v. GLOBE ASIATIQUE REALTY HOLDINGS CORPORATION, FILMAL REALTY CORPORATION, DELFIN S. LEE AND DEXTER L. LEE, Respondents.

  • G.R. No. 201483, August 04, 2014 - CONRADO A. LIM, Petitioner, v. HMR PHILIPPINES, INC., TERESA SANTOS-CASTRO, HENRY BUNAG AND NELSON CAMILLER, Respondents.

  • G.R. No. 191015, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Petitioner, v. JOSE C. GO, AIDA C. DELA ROSA, AND FELECITAS D. NECOMEDES, Respondents.

  • G.R. No. 210619, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHARLES REYES Y MARASIGAN, Accused-Appellant.

  • G.R. No. 184982, August 20, 2014 - LAND BANK OF THE PHILIPPINES, Petitioner, v. JOSE T. LAJOM, REPRESENTED BY PORFIRIO RODRIGUEZ, FLORENCIA LAJOM GARCIA-DIAZ, FRANCISCO LAJOM GARCIA, JR., FERNANDO LAJOM RODRIGUEZ, TOMAS ATAYDE, AUGUSTO MIRANDA, JOSEFINA ATAYDE FRANCISCO, RAMON L. ATAYDE, AND BLESILDA ATAYDE RIOS, Respondents.; [G.R. NO. 185048] - JOSE T. LAJOM, REPRESENTED BY PORFIRIO RODRIGUEZ, FLORENCIA LAJOM GARCIA-DIAZ, FRANCISCO LAJOM GARCIA, JR., FERNANDO LAJOM RODRIGUEZ, TOMAS ATAYDE, AUGUSTO MIRANDA, JOSEFINA ATAYDE FRANCISCO, RAMON L. ATAYDE, AND BLESILDA ATAYDE RIOS, Petitioners, v. LAND BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 170139, August 05, 2014 - SAMEER OVERSEAS PLACEMENT AGENCY, INC., Petitioner, v. JOY C. CABILES, Respondent.

  • G.R. No. 206368, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO BATTAD, Accused-Appellant, MARCELINO BACNIS, Accused.

  • G.R. No. 181541, August 18, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARISSA MARCELO, Accused-Appellant.

  • G.R. No. 208469, August 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SAMUEL “TIW-TIW” SANICO, Accused-Appellant.

  • G.R. No. 205870, August 13, 2014 - LEI SHERYLL FERNANDEZ, Petitioner, v. BOTICA CLAUDIO REPRESENTED BY GUADALUPE JOSE, Respondent.

  • G.R. No. 194390, August 13, 2014 - VENANCIO M. SEVILLA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 198367, August 06, 2014 - OSG SHIPMANAGEMENT MANILA, INC., MERCEDES M. RAVANOPOLOUS, OSG SHIPMANAGEMENT (UK) LTD. & M/T DELPHINA, Petitioners, v. JOSELITO B. PELLAZAR, Respondent.

  • G.R. No. 192304, August 13, 2014 - ANCHOR SAVINGS BANK (now EQUICOM SAVINGS BANK), Petitioner, v. PINZMAN REALTY AND DEVELOPMENT CORPORATION, MARYLIN MAÑALAC AND RENATO GONZALES, Respondents.

  • G.R. No. 177845, August 20, 2014 - GRACE CHRISTIAN HIGH SCHOOL, REPRESENTED BY ITS PRINCIPAL, DR. JAMES TAN, Petitioner, v. FILIPINAS A. LAVANDERA, Respondent.

  • G.R. No. 200191, August 20, 2014 - LOURDES C. FERNANDEZ, Petitioner, v. NORMA VILLEGAS AND ANY PERSON ACTING IN HER BEHALF INCLUDING HER FAMILY, Respondents.

  • G.R. No. 206366, August 13, 2014 - PEOPLE OF THE PHILIPPINES, Appellee, v. EDUARDO BALAQUIT Y BALDERAMA, Appellant.

  • G.R. No. 192993, August 11, 2014 - WALLEM MARITIME SERVICES, INC., AND REGINALDO OBEN/WALLEM SHIPMANAGEMENT LIMITED, Petitioners, v. DONNABELLE PEDRAJAS AND SEAN JADE PEDRAJAS, Respondents.

  • G.R. No. 181723, August 11, 2014 - ELIZABETH DEL CARMEN, Petitioner, v. SPOUSES RESTITUTO SABORDO AND MIMA MAHILUM-SABORDO, Respondents.

  • A.M. No. RTJ-14-2390 (Formerly OCA I.P.I. No. 12-3923-RTJ), August 13, 2014 - JOSEPHINE JAZMINES TAN, Petitioner, v. JUDGE SIBANAH E. USMAN, REGIONAL TRIAL COURT, BRANCH 28, CATBALOGAN CITY, SAMAR, Respondent.

  • G.R. No. 212689, August 11, 2014 - ECE REALTY AND DEVELOPMENT, INC., Petitioner, v. HAYDYN HERNANDEZ,, Respondent.

  • G.R. Nos. 208828-29, August 13, 2014 - RICARDO C. SILVERIO, SR., Petitioner, v. RICARDO S. SILVERIO, JR., CITRINE HOLDINGS, INC., MONICA P. OCAMPO AND ZEE2 RESOURCES, INC., Respondents.

  • G.R. No. 171626, August 06, 2014 - OLONGAPO CITY, Petitioner, v. SUBIC WATER AND SEWERAGE CO., INC., Respondent.

  • G.R. No. 162230, August 12, 2014 - ISABELITA C. VINUYA, VICTORIA C. DELA PEÑA, HERMINIHILDA MANIMBO, LEONOR H. SUMAWANG, CANDELARIA L. SOLIMAN, MARIA L. QUILANTANG, MARIA L. MAGISA, NATALIA M. ALONZO, LOURDES M. NAVARO, FRANCISCA M. ATENCIO, ERLINDA MANALASTAS, TARCILA M. SAMPANG, ESTER M. PALACIO, MAXIMA R. DELA CRUZ, BELEN A. SAGUM, FELICIDAD TURLA, FLORENCIA M. DELA PEÑA, EUGENIA M. LALU, JULIANA G. MAGAT, CECILIA SANGUYO, ANA ALONZO, RUFINA P. MALLARI, ROSARIO M. ALARCON, RUFINA C. GULAPA, ZOILA B. MANALUS, CORAZON C. CALMA, MARTA A. GULAPA, TEODORA M. HERNANDEZ, FERMIN B. DELA PEÑA, MARIA DELA PAZ B. CULALA, ESPERANZA MANAPOL, JUANITA M. BRIONES, VERGINIA M. GUEVARRA, MAXIMA ANGULO, EMILIA SANGIL, TEOFILA R. PUNZALAN, JANUARIA G. GARCIA, PERLA B. BALINGIT, BELEN A. CULALA, PILAR Q. GALANG, ROSARIO C. BUCO, GAUDENCIA C. DELA PEÑA, RUFINA Q. CATACUTAN, FRANCIA A. BUCO, PASTORA C. GUEVARRA, VICTORIA M. DELA CRUZ, PETRONILA O. DELA CRUZ, ZENAIDA P. DELA CRUZ, CORAZON M. SUBA, EMERINCIANA A. VINUYA, LYDIA A. SANCHEZ, ROSALINA M. BUCO, PATRICIA A. BERNARDO, LUCILA H. PAYAWAL, MAGDALENA LIWAG, ESTER C. BALINGIT, JOVITA A. DAVID, EMILIA C. MANGILIT, VERGINIA M. BANGIT, GUILERMA S. BALINGIT, TERECITA PANGILINAN, MAMERTA C. PUNO, CRISENCIANA C. GULAPA, SEFERINA S. TURLA, MAXIMA B. TURLA, LEONICIA G. GUEVARRA, ROSALINA M. CULALA, CATALINA Y. MANIO, MAMERTA T. SAGUM, CARIDAD L. TURLA, et al. in their capacity and as members of the “Malaya Lolas Organizations,” Petitioners, v. THE HONORABLE EXECUTIVE SECRETARY ALBERTO G. ROMULO, THE HONORABLE SECRETARY OF FOREIGN AFFAIRS DELIA DOMINGO-ALBERT, THE HONORABLE SECRETARY OF JUSTICE MERCEDITAS N. GUTIERREZ, AND THE HONORABLE SOLICITOR GENERAL ALFREDO L. BENIPAYO,, Respondents.

  • G.R. No. 173082, August 06, 2014 - PALM AVENUE HOLDING CO., INC., AND PALM AVENUE REALTY AND DEVELOPMENT CORPORATION, Petitioners, v. SANDIGANBAYAN 5TH DIVISION, REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), Respondent.; [G.R. No. 195795] - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, Petitioner, v. HON. SANDIGANBAYAN, PALM AVENUE REALTY AND DEVELOPMENT CORPORATION AND PALM AVENUE HOLDING COMPANY, INC., Respondents.

  • G.R. Nos. 212536-37, August 27, 2014 - COMMISSIONER OF INTERNAL REVENUE AND COMMISSIONER OF CUSTOMS, Petitioners, v. PHILIPPINE AIRLINES, INC., Respondent.

  • G.R. No. 212953, August 05, 2014 - JOSE TAPALES VILLAROSA, Petitioner, v. ROMULO DE MESA FESTIN AND COMMISSION ON ELECTIONS,, Respondent.

  • G.R. No. 211049, August 06, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMEO CLOSA Y LUALHATI, Accused-Appellant.

  • G.R. No. 177616, August 27, 2014 - HEIRS OF SPOUSES JOAQUIN MANGUARDIA and SUSANA MANALO, namely: DANILO MANGUARDIA, ALMA MANGUARDIA, GEMMA MANGUARDIA, RODERICK MANGUARDIA, MADELINE MANGUARDIA, joined by her husband, RODRIGO VILLARANTE, ALAN MANGUARDIA, ROSE MANGUARDIA, joined by her husband, LEOPOLDO ADRID, JR., RONALD MANGUARDIA, JOEBERT MANGUARDIA, and RANDY MANGUARDIA; HEIRS OF SPOUSES LEONARDO ARAZA and REBECCA ARROYO, namely: MARY MAGDALENA ARAZA,* joined by her husband CARLITO VILLANUEVA, NENITA ARAZA, joined by her husband, LEONARDO BADE, ANTONIO ARAZA, and the children of ENECITA ARAZA- VARGAS, namely: GADFRY VARGAS, GINA VARGAS, JOEL VARGAS, MARY GRACE VARGAS, ANA MAE VARGAS, and the minor JUNAR VARGAS, represented by his guardian ad litem MAGDALENA ARAZA-VILLANUEVA, and THE REGISTER OF DEEDS OF CAPIZ, Petitioners, v. HEIRS OF SIMPLICIO VALLES and MARTA VALLES, represented by GRACIANO VALLES, SULPICIO VALLES, TERESITA VALLES, joined by her husband, LEOPOLDO ALAIR, and PRESENTACION CAPAPAS-VALLES, Respondents.

  • G.R. No. 193791, August 02, 2014 - PRIMANILA PLANS, INC., HEREIN REPRESENTED BY EDUARDO S. MADRID, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

  • G.R. No. 198342, August 13, 2014 - REMEDIOS O. YAP, Petitioner, v. ROVER MARITIME SERVICES CORPORATION, MR. RUEL BENISANO AND/OR UCO MARINE CONTRACTING W.L.L., Respondents.

  • G.R. No. 208170, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PETRUS YAU A.K.A. “JOHN” AND “RICKY” AND SUSANA YAU Y SUMOGBA A.K.A. “SUSAN”, Accused-Appellants.

  • G.R. No. 207992, August 11, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBERTO HOLGADO Y DELA CRUZ AND ANTONIO MISAREZ Y ZARAGA, Accused-Appellants.

  • G.R. No. 171836, August 11, 2014 - DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY HON. NASSER C. PANGANDAMAN, IN HIS CAPACITY AS DAR-OIC SECRETARY, Petitioner, v. SUSIE IRENE GALLE, RESPONDENT., G.R. NO. 195213 - LAND BANK OF THE PHILIPPINES, Petitioner, v. SUSIE IRENE GALLE, SUBSTITUTED BY HER HEIRS, NAMELY HANS PETER, CARL OTTO, FRITZ WALTER, AND GEORGE ALAN, ALL SURNAMED REITH, Respondents.

  • G.R. No. 196040, August 26, 2014 - FE H. OKABE, Petitioner, v. ERNESTO A. SATURNINO, Respondent.

  • G.R. No. 203048, August 13, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUSTY BALA, Accused-Appellant.

  • G.R. No. 213181, August 19, 2014 - FRANCIS H. JARDELEZA, Petitioner, v. CHIEF JUSTICE MARIA LOURDES P. A. SERENO, THE JUDICIAL AND BAR COUNCIL AND EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., Respondents.

  • G.R. No. 200987, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALDO BAYAN Y NERI, Accused-Appellant.

  • G.R. No. 207348, August 20, 2014 - ROWENA R. SOLANTE, Petitioner, v. COMMISSION ON AUDIT, CHAIRPERSON MA. GRACIA PULIDO-TAN, COMMISSIONER JUANITO G. ESPINO, JR., COMMISSIONER HEIDI L. MENDOZA, AND FORTUNATA M. RUBICO, DIRECTOR IV, COA COMMISSION SECRETARIAT, in their official capacities, Respondents.

  • G.R. No. 166944, August 18, 2014 - JUANITO MAGSINO, Petitioner, v. ELENA DE OCAMPO AND RAMON GUICO, Respondents.

  • G.R. No. 175689, August 13, 2014 - GEORGE A. ARRIOLA, Petitioner, v. PILIPINO STAR NGAYON, INC. AND/OR MIGUEL G. BELMONTE, Respondents.

  • G.R. No. 189061, August 06, 2014 - MIDWAY MARITIME AND TECHNOLOGICAL FOUNDATION, REPRESENTED BY ITS CHAIRMAN/PRESIDENT PHD IN EDUCATION DR. SABINO M. MANGLICMOT, Petitioner, v. MARISSA E. CASTRO, ET AL., Respondents.

  • G.R. No. 199420, August 27, 2014 - PHILNICO INDUSTRIAL CORPORATION, Petitioner, v. PRIVATIZATION AND MANAGEMENT OFFICE, Respondent.; G.R. NO. 199432 - PRIVATIZATION AND MANAGEMENT OFFICE, Petitioner, v. PHILNICO INDUSTRIAL CORPORATION, Respondent.

  • G.R. No. 195432, August 27, 2014 - EDELINA T. ANDO, Petitioner, v. DEPARTMENT OF FOREIGN AFFAIRS, Respondent.

  • G.R. No. 200645, August 20, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WENDEL OCDOL Y MENDOVA, EDISON TABIANAN, AND DANTE BORINAGA, ACCUSED. WENDEL OCDOL Y MENDOVA, Accused-Appellant.

  • G.R. No. 172404, August 13, 2014 - PEOPLE’S TRANS-EAST ASIA INSURANCE CORPORATION, A.K.A. PEOPLE'S GENERAL INSURANCE CORPORATION, Petitioner, v. DOCTORS OF NEW MILLENNIUM HOLDINGS, INC., Respondent.

  • A.M. No. P-06-2227 [Formerly A.M. No. 06-6-364-RTC], August 19, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ATTY. MARIO N. MELCHOR, JR., FORMER CLERK OF COURT VI, REGIONAL TRIAL COURT, BRANCH 16, NAVAL, BILIRAN (NOW PRESIDING JUDGE, MUNICIPAL CIRCUIT TRIAL COURT, CALUBIAN-SAN ISIDRO, LEYTE), Respondent.

  • G.R. No. 207253, August 20, 2014 - CRISPIN B. LOPEZ, Petitioner, v. IRVINE CONSTRUCTION CORP. AND TOMAS SY SANTOS, Respondents.

  • G.R. No. 200538, August 13, 2014 - CITY OF DAVAO, Petitioner, v. COURT OF APPEALS AND BENJAMIN C. DE GUZMAN, Respondents.

  • G.R. No. 188289, August 20, 2014 - DAVID A. NOVERAS, Petitioner, v. LETICIA T. NOVERAS, Respondent.

  • G.R. No. 203655, August 13, 2014 - SM LAND, INC., Petitioner, v. BASES CONVERSION AND DEVELOPMENT AUTHORITY AND ARNEL PACIANO D. CASANOVA, ESQ., IN HIS OFFICIAL CAPACITY AS PRESIDENT AND CEO OF BCDA, Respondents.

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    G.R. No. 196117, August 13, 2014 - KRYSTLE REALTY DEVELOPMENT CORPORATION, REPRESENTED BY CHAIRMAN OF THE BOARD, WILLIAM C. CU, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.; [G.R. NO. 196129] - CARIDAD RODRIGUEZA, AS SUBSTITUTED BY RUFINO RODRIGUEZA, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.

      G.R. No. 196117, August 13, 2014 - KRYSTLE REALTY DEVELOPMENT CORPORATION, REPRESENTED BY CHAIRMAN OF THE BOARD, WILLIAM C. CU, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.; [G.R. NO. 196129] - CARIDAD RODRIGUEZA, AS SUBSTITUTED BY RUFINO RODRIGUEZA, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    G.R. No. 196117, August 13, 2014

    KRYSTLE REALTY DEVELOPMENT CORPORATION, REPRESENTED BY CHAIRMAN OF THE BOARD, WILLIAM C. CU, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.

    [G.R. NO. 196129]

    CARIDAD RODRIGUEZA, AS SUBSTITUTED BY RUFINO RODRIGUEZA, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.

    D E C I S I O N

    PERLAS-BERNABE, J.:

    Assailed in these consolidated petitions for review on certiorari1 are the Decision2 dated October 29, 2010 and the Resolution3 dated March 11, 2011 of the Court of Appeals (CA) in CA-G.R. CV No. 92765 which affirmed the Decision4 dated November 18, 2008 of the Regional Trial Court (RTC) of Legazpi City, Branch 7 in Civil Case No. 9033 for the annulment of the Deed of Sale5 dated August 23, 1962 executed in favor of petitioner Caridad Rodrigueza, and of Transfer Certificates of Title (TCT) Nos. 40467, 40468 and 404696 issued by the Registry of Deeds of Legazpi City.

    The Facts

    Respondent Domingo Alibin (Domingo) owned an undivided one-half  portion of Lot No. 1680 (subject lot) containing an aggregate area of 9,188 square meters, situated at Tahao, Legazpi City, Albay, and registered in his name and that of Mariano Rodrigueza (Mariano) under Original Certificate of Title (OCT) No. 0-206.7  On the strength of a contract to sell8 which was notarized on July 10, 1962 and a Deed of Sale9 dated August 23, 1962 purporting to convey Domingo’s one-half (½) share of the said lot to Caridad Rodrigueza (Caridad), as well as a Deed of Absolute Sale10 dated December 5, 1994 whereby Mariano and Caridad (the Rodriguezas) transferred their respective rights to the subject lot in favor of petitioner Krystle Realty Development Corporation (Krystle Realty), the original certificate of title was cancelled.  In lieu thereof, three (3) TCTs were issued all on the same day of December 5, 1994, as follows: TCT Nos. 40467 and 40468 in the names of the Rodriguezas at one-half (½) share each, and TCT No. 4046911 in the name of Krystle Realty covering the entire lot.12cralawred

    Claiming that he had not sold his share to Caridad nor received any consideration for the alleged transfer, and that the signature on the deed of sale was not his, Domingo sought to annul the said deed, as well as TCT Nos. 40467, 40468, and 40469, in Civil Case No. 9033 before the RTC of Legazpi City, Branch 4.  He died, however, during the pendency of the case, and was consequently substituted by his heirs, herein respondents Beatriz A. Torzar, Virginia A. Taraya, Rosario A. Marco, Jesus A. Alibin, and Jay Alibin, as substituted by his children, namely: Jaynes Alibin, Jay Alibin, and Jesus Alibin, Jr. (respondents).13cralawred

    Caridad, on the other hand, insisted that she had paid Domingo in two (2) installments: ?500.00 as down payment on July 10, 1962, and the balance of P400.00 on August 23, 1962 during which he signed the Deed of Sale.  She then took possession of Domingo’s one-half (½) portion of the subject lot and declared the same for taxation purposes.14  For its part, Krystle Realty claimed that it was a purchaser in good faith, and that the action, if at all, should be directed against Caridad.  In addition, it argued that the action of respondents had already prescribed considering that the questioned deed of sale between Caridad and Domingo was executed on August 23, 1962, whereas the latter’s complaint was filed only on February 15, 1995.15cralawred

    Caridad likewise died, and was substituted first by her brother, Mariano, and upon the latter’s death, by Rufino Rodrigueza.16cralawred

    The parties agreed to submit to a handwriting expert of the National Bureau of Investigation (NBI) the determination of the genuineness of Domingo’s signature on the deed of sale. Subsequently, the NBI issued Questioned Document Report No. 60-19617 dated June 14, 1996 stating that the questioned and the standard/sample signatures of Domingo submitted to it for examination were written by one and the same person.18cralawred

    On the basis of the said finding, and upon motion of Krystle Realty, the RTC of Legazpi City, Branch 4 rendered a Judgment19 on October 2, 1996 dismissing the case, which prompted Domingo to file a petition for certiorari before the Court, docketed as G.R. No. 127995.20  The petition was dismissed, however, in a Resolution dated April 28, 1997 for non-compliance with certain formal requirements for its filing.21  Meanwhile, Domingo’s appeal, docketed as CA-G.R. CV No. 54912, from the aforesaid judgment of the RTC proceeded, and was decided in his favor by the CA in a Decision22 dated June 22, 1998, which set aside and remanded the case to the court a quo for further proceedings. The CA ruled that, even if the question of forgery was to be considered as already settled, there are other issues of fact and law that should still be resolved, such as the absence of consideration in the questioned sale, the supposed irregularities which attended the execution of the deed of sale, and the legality of the issuance of the certificates of title.  Hence, the judgment of the RTC, which could have only been rendered in the absence of a veritable issue on a material fact, was improper under the circumstances.23cralawred

    The RTC Ruling

    After due trial, the RTC of Legazpi City, Branch 7 rendered a Decision24 on November 18, 2008 (a) annulling the Deed of Sale dated August 23, 1962; (b) declaring respondents as the rightful owners of the one-half (½) undivided portion of the subject lot, and Krystle Realty as to the remaining one-half (½) portion; (c) ordering the cancellation of TCT Nos. 40467, 40468, and 40469 and, in lieu thereof, the issuance of new TCTs in the names of respondents and of Krystle Realty; (d) dismissing the counterclaims against respondents; and (e) awarding attorney’s fees and costs of suit in favor of respondents.

    The RTC invalidated the Deed of Sale dated August 23, 1962 after conducting its own independent examination and finding that the signature of Domingo on said deed is different from his true signatures as appearing on the documents submitted in evidence by Caridad herself.  It did not give credence to the testimony of Eliudoro Constantino (Constantino), a document examiner of the NBI, who concluded that the specimen signatures he and his team examined were written by one and the same person, without, however, giving a categorical conclusion that such specimen signatures were indeed those of Domingo. In this relation, the RTC pointed out that Constantino’s own signature as examiner did not appear on the three-page Questioned Documents Report No. 60-196 describing the findings of their examination, but only in an additional paper which was not included in the original report first delivered to the court, prompting the latter to conclude that said additional paper was “belatedly inserted.” Moreover, the examiner who actually prepared the aforementioned Report, i.e., Flordeliza A. Labanon, was not presented as a witness, and no plausible explanation for such omission.25cralawred

    The RTC further observed certain anomalies which attended the transactions involving the eventual transfer of title to Krystle Realty. Particularly, the relevant documents pertaining to the subject lot that were supposed to be kept in the Registry of Deeds of Legazpi City in the ordinary course of business could no longer be found, and the former records officer, Estrella Ramirez, who can best explain said transactions was not called to the witness stand either by the Rodriguezas or Krystle Realty.  Neither did they produce these documents in court, as in fact, even if the deeds of sale purportedly executed by Domingo in favor of Caridad were previously marked in evidence, the offer thereof was consequently “waived because of the absence of said documents.”26  Moreover, the trial court perceived it to be “quite unusual” that the Deed of Absolute Sale executed by the Rodriguezas in favor of Krystle Realty was dated December 5, 1994, and the TCT of the latter was issued on the very same day at 10:00 a.m.27cralawred

    Finally, the RTC declared Krystle Realty to be a purchaser in bad faith in view of the admission of its representative, Mr. William Cu, that he was aware of the fact that Domingo was part owner of the subject lot and that he even asked a certain Rudy Gueco to talk to Domingo about the sale of his one-half (½) share.28cralawred

    Aggrieved, Krystle Realty and Caridad elevated their cases on appeal before the CA, docketed as CA-G.R. CV No. 92765.

    The CA Ruling

    The CA affirmed the findings of the RTC in a Decision29 dated October 29, 2010 on the ground that respondents were able to establish that the Deed of Sale dated August 23, 1962 was not valid and, hence, should be annulled.30 It further held that the transactions involving the sale of Domingo’s one-half (½) undivided share were “anomalous,” and Krystle Realty was “not a purchaser in good faith.”31 Considering the questionable haste and irregularities attending the registration of the alleged sale of Domingo’s share, the cancellation of OCT No. 0-206, and the issuance of TCT Nos. 40467, 40468, and 40469 all on the same day, i.e., December 5, 2004, the CA concluded that Krystle Realty and the Rodriguezas were “obviously in cahoots” with the former Register of Deeds of Legazpi City, Atty. Elmer A. Rañeses.32cralawred

    On the issue of estoppel and laches raised by Krystle Realty, the CA ruled that, since Domingo neither consented to the alleged sale nor signed the purported Deed of Sale dated August 23, 1962 in favor of Caridad, there was no contract to speak of, and the action to declare its inexistence does not prescribe pursuant to Article 1410 of the Civil Code.33cralawred

    Motions for reconsideration were subsequently filed by Caridad and Krystle Realty which were, however, denied by the CA in a Resolution34 dated March 11, 2011 for lack of merit. Accordingly, Krystle Realty instituted the present petition in G.R. No. 196117, and Caridad, as substituted by Rufino Rodrigueza, the petition in G.R. No. 196129, both of which were eventually consolidated.35cralawred

    The Issue Before the Court

    The pivotal issue in this case is whether or not the CA correctly affirmed the nullification of the Deed of Sale dated August 23, 1962 and the declaration of Krystle Realty as a purchaser in bad faith.

    The Court’s Ruling

    It is a settled rule that the Court is not a trier of facts and, hence, does not normally undertake the re-examination of the evidence presented by the contending parties during the trial of the case, considering that the factual findings of the CA are generally conclusive and binding on the Court,36 especially if they do not contradict those of the trial court, as in this case.

    Contrary to the contention of petitioners, the CA has not overlooked any relevant fact which, if properly considered, would justify a different conclusion. That the parties herein agreed to submit the determination of the genuineness of Domingo’s signature to a handwriting expert of the NBI does not, by any stretch of the imagination, authorize the RTC to accept the findings of such expert hook, line, and sinker. The trial court is the most capable trier of facts and, as such, should not abdicate its judicial duty to decide.

    As correctly pointed out by the CA, the authenticity of a signature is a matter that is not so highly technical as to preclude a judge from examining the signature himself and ruling upon the question of whether the signature on a document is forged or not.37 The opinion of a handwriting expert, therefore, does not mandatorily bind the court,38 the expert's function being to place before the court data upon which it can form its own opinion.39cralawred

    In this case, both the RTC and the CA conducted independent examinations of the specimen signatures, which is authorized by law,40 and unanimously concluded that the questioned signature on the Deed of Sale dated August 23, 1962 is different from the standard signatures of Domingo as appearing on documents submitted in evidence by petitioner Caridad Rodrigueza. Absent any cogent reason to deviate from such finding of forgery, which is the basis for the annulment of the said deed, the same should be deemed conclusive and binding upon the Court.

    Separately, on Krystle Realty’s claim that it is a buyer in good faith, the Court finds that the latter cannot veer away from the admission of its representative, Mr. William Cu, i.e., that he was aware of Domingo’s interest in the subject lot, and that Caridad had no title in her name at the time of the sale, thus, giving rise to the conclusion that it (Krystle Realty) had been reasonably apprised of the ownership controversy over the subject lot.  This notwithstanding, records show that Krystle Realty proceeded with the transaction without further examining the seller’s title and thus, could not claim to have purchased the subject lot in good faith. Verily, one is considered a buyer in bad faith not only when he purchases real estate with knowledge of a defect or lack of title in his seller but also when he has knowledge of facts which should have alerted him to conduct further inquiry or investigation,41 as Krystle Realty in this case. Further, the irregularities attending the issuance of TCT Nos. 40467, 40468, and 40469 as pointed out by the CA are equally indicative of lack of good faith on Krystle Realty’s part. Indeed, what it failed to realize is that, as one asserting the status of a buyer in good faith and for value, it had the burden of proving such status, which goes beyond a mere invocation of the ordinary presumption of good faith.42cralawred

    The Court likewise rejects the belated claim of res judicata anchored on the dismissal of the petition for certiorari in G.R. No. 127995 filed by Domingo as per its Resolution dated April 28, 1997, which became final and executory on June 16, 1997.43 As the records disclose, petitioners never raised this issue in the appeal in CA-G.R. CV No. 54912 before the CA, and even in the subsequent proceedings before the RTC and the CA in CA-G.R. CV No. 92765.44 Settled is the rule that points of law, theories, issues and arguments not brought to the attention of the lower court need not be considered by a reviewing court, as they cannot be raised for the first time at that late stage. Basic considerations of fairness and due process impel this rule.45cralawred

    WHEREFORE, the consolidated petitions are DENIED. Accordingly, the Decision dated October 29, 2010 and the Resolution dated March 11, 2011 of the Court of Appeals in CA-G.R. CV No. 92765 are hereby AFFIRMED.

    SO ORDERED.

    Carpio, (Chairperson), Brion, Del Castillo, and Perez, JJ., concur.

    Endnotes:


    1Rollo (G.R. No. 196117), pp. 10-53; rollo (G.R. No. 196129), pp. 8-31.

    2Rollo (G.R. No. 196117), pp. 59-100; rollo (G.R. No. 196129), pp. 74-115. Penned by Associate Justice Celia C. Librea-Leagogo, with Associate Justices Remedios A. Salazar-Fernando and Michael P. Elbinias, concurring.

    3Rollo (G.R. No. 196117), pp. 102-104; rollo (G.R. No. 196129), pp. 129-131.

    4Rollo (G.R. No. 196117), pp. 105-128; rollo (G.R. No. 196129), pp. 49-72.

    5Rollo (G.R. No. 196117), pp. 158-159.

    6 Id. at 172. Including the dorsal portion thereof.

    7 Id. at 153-154.

    8 Id. at 156-157.

    9 Id. at 158-159.

    10 Id. at 170-171.

    11 Id. at 172.

    12Rollo (G.R. No. 196117), p. 106; rollo (G.R. No. 196129), p. 50.

    13 Id. at 64-65.

    14Rollo (G.R. No. 196117), p. 112; rollo (G.R. No. 196129), p. 56.

    15 Rollo (G.R. No. 196117), p. 119; rollo (G.R. No. 196129), p. 63.

    16 See footnote in the CA Decision. Rollo (G.R. No. 196117), p. 59; rollo (G.R. No. 196129), p. 74.

    17Rollo (G.R. No. 196117), pp. 174-177.

    18 Rollo (G.R. No. 196129), pp. 40-41.

    19Rollo (G.R. No. 196117), pp. 178-181. Penned by Judge Gregorio A. Consulta.

    20 Entitled “Domingo Alibin v. Hon. Gregorio Consulta, et al.

    21Rollo (G.R. No. 196129), p. 33.

    22Rollo (G.R. No. 196117), pp. 190-201; rollo (G.R. No. 196129), pp. 36-47. Penned by Associate Justice Fermin A. Martin, Jr., with Associate Justices Conrado M. Vasquez, Jr. and Teodoro P. Regino, concurring.

    23Rollo (G.R. No. 196117), p. 200; rollo (G.R. No. 196129), p. 46.

    24Rollo (G.R. No. 196117), pp. 105-128; rollo (G.R. No. 196129), pp. 49-72. Penned by Judge Jose G. Dy.

    25Rollo (G.R. No. 196117), pp. 124-125; rollo (G.R. No. 196129), pp. 68-69.

    26Rollo (G.R. No. 196117), p. 126; rollo (G.R. No. 196129), p. 70.

    27Rollo (G.R. No. 196117), p. 127; rollo (G.R. No. 196129), p. 71.

    28 Rollo (G.R. No. 196117), p. 127; rollo (G.R. No. 196129), p. 71.

    29Rollo (G.R. No. 196117), pp. 59-100; rollo (G.R. No. 196129), pp. 74-115.

    30Rollo (G.R. No. 196117), p. 86; rollo (G.R. No. 196129), p. 101.

    31Rollo (G.R. No. 196117), p. 89; rollo (G.R. No. 196129), p. 104.

    32Rollo (G.R. No. 196117), p. 95; rollo (G.R. No. 196129), p. 110.

    33Rollo (G.R. No. 196117), pp. 95-96; rollo (G.R. No. 196129), pp. 110-111.

    34Rollo (G.R. No. 196117), pp. 102-104; rollo (G.R. No. 196129), pp. 129-131.

    35 See Resolution dated June 8, 2011; rollo (G.R. No. 196117), pp. 202-203.

    36 See Calilap-Asmeron v. Development Bank of the Philippines, G.R. No. 157330, November 23, 2011, 661 SCRA 54, 65.

    37Belgica v. Belgica, 558 Phil. 67, 74-75 (2007).

    38Tanenggee v. People, G.R. No. 179448, June 26, 2013, 699 SCRA 639, 658.

    39 See Lorzano v. Tabayag, Jr., G.R. No. 189647, February 6, 2012, 665 SCRA 38, 47.

    40 RULES OF COURT, Rule 132, Section 22. See also rollo (G.R. No. 196117), p. 86; rollo (G.R. No. 196129), p. 101.

    41 See Pudadera v. Magallanes, G.R. No. 170073, October 18, 2010, 633 SCRA 332, 348.

    42 Eagle Realty Corp. v. Republic, 579 Phil. 355, 372 (2008).

    43 Rollo (G.R. No. 196117), pp. 188-189; rollo (G.R. No. 196129), pp. 33-34.

    44 “It is axiomatic that for the doctrine of res judicata to apply, it is essential that the prior judgment, invoked as a bar to a subsequent action or proceeding, be inter alia one on the merits. Equally perceptive is that if the doctrine is not set up as a defense or ground of objection seasonably, it is deemed waived; it cannot be asserted for the first time on appeal.” (Alvarez, Jr. v. CA, 242 Phil. 134, 140 [1988].)

    45Besana v. Mayor, G.R. No. 153837, July 21, 2010, 625 SCRA 203, 214.

    G.R. No. 196117, August 13, 2014 - KRYSTLE REALTY DEVELOPMENT CORPORATION, REPRESENTED BY CHAIRMAN OF THE BOARD, WILLIAM C. CU, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.; [G.R. NO. 196129] - CARIDAD RODRIGUEZA, AS SUBSTITUTED BY RUFINO RODRIGUEZA, Petitioner, v. DOMINGO ALIBIN, AS SUBSTITUTED BY HIS HEIRS, NAMELY: BEATRIZ A. TORZAR, VIRGINIA A. TARAYA, ROSARIO A. MARCO, JESUS A. ALIBIN, AND JAY ALIBIN, AS SUBSTITUTED BY HIS CHILDREN, NAMELY: JAYNES ALIBIN, JAY ALIBIN, AND JESUS ALIBIN, JR., Respondents.


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