Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2015 > April 2015 Decisions > G.R. No. 203530, April 13, 2015 - LUZON DEVELOPMENT BANK, TOMAS CLEMENTE, JR., AND OSCAR RAMIREZ, Petitioners, v. ERLINDA KRISHNAN, Respondent.:




G.R. No. 203530, April 13, 2015 - LUZON DEVELOPMENT BANK, TOMAS CLEMENTE, JR., AND OSCAR RAMIREZ, Petitioners, v. ERLINDA KRISHNAN, Respondent.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 203530, April 13, 2015

LUZON DEVELOPMENT BANK, TOMAS CLEMENTE, JR., AND OSCAR RAMIREZ, Petitioners, v. ERLINDA KRISHNAN, Respondent.

D E C I S I O N

PERALTA, J.:

This is a Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure praying for the annulment of the Decision1 dated March 27, 2012 and Resolution2 dated September 11, 2012 of the Court of Appeals (CA) in CA-G.R. SP No. 120664, which affirmed the Orders dated September 24, 2010 and May 26, 2011, respectively, of Branch 30, Regional Trial Court (RTC) - Manila.

The factual antecedents, as found by the CA, are as follows:chanroblesvirtuallawlibrary

Petitioners Luzon Development Bank, Tomas Clemente, and Oscar Ramirez (hereafter petitioners) are the respondents in the complaint for Collection of Sum of Money and Damages filed by respondent Erlinda Khrishnan (hereafter respondent Erlinda) on February 7, 2001. Respondent Erlinda claimed that she is a client of respondent bank wherein she maintained several accounts including time deposits. On several occasions, when respondent Erlinda presented her Time Deposits Certificates amounting to P28,597,472.70 for payment because they have become due, petitioners refused to honor them for the reason that they were fraudulent. Respondent Erlinda likewise applied for a Preliminary Writ of Attachment which the RTC granted on February 27, 2001.

By virtue of the writ, petitioner bank's accounts in BPI Family Bank, Calamba, Laguna in the amount of P28,597,472.70 and its account amounting to P49,000,000.00 in the Central Bank were garnished.

On March 9, 2001, petitioners filed an urgent ex-parte Motion to Recall Quash and/or Lift Attachment or Garnishment (in excess of amounts in the writ). Respondent Erlinda opposed the motion.

On August 15, 2001, petitioners filed an Omnibus Motion seeking the substitution of their garnished account with government securities and the immediate resolution of their motion to discharge attachment and setting the motion for hearing, which respondent Erlinda opposed.

On May 22, 2002, the RTC resolved the pending incidents and required the petitioners to justify their motion to discharge the attachment. During pre-trial on May 23, 2002, respondents requested additional time to file a supplemental motion to justify their earlier motions which was granted and gave petitioners ten (10) days from receipt within which to comment or opposed (sic) it.

On September 8, 2003, the RTC issued an order lifting the attachment to which respondent Erlinda filed a motion for reconsideration. Respondent Erlinda also filed a Motion for Inhibition. On December 18, 2003, the RTC denied the motion for reconsideration but granted the motion for inhibition. The said Order was questioned by respondent Erlinda by way of Petition for Certiorari before the 7th Division which rendered a decision on November 15, 2006, the dispositive portion of which reads as follows:chanroblesvirtuallawlibrary
"WHEREFORE, the PETITION FOR CERTIORARI is GRANTED.

THE ORDERS dated September 8, 2003, and December 18, 2003 are NULLIFIED and SET ASIDE.

The private respondents, as defendants in Civil Case No. 01-100046 entitled Erlinda C. Krishnan v. Luzon Development Bank, et al., are ORDERED to file a counterbond in accordance with Sec. 12, Rule 57, 1997 Rules of Civil Procedure, within 10 days from the finality of this decision; otherwise, the REGIONAL TRIAL COURT, BRANCH 36, in Manila shall immediately reinstate the writ of attachment issued and implemented in Civil Case No. 01-100046.

Costs of suit to be paid by the respondents. SO ORDERED.
Petitioners' subsequent motion for reconsideration was denied. Thereafter, their petition and motion for reconsideration before the Supreme Court were likewise denied.

On May 09, 2008, respondent judge issued an Order directing respondent Erlinda to file a new attachment bond in the amount of P35,000,000.00 and petitioners to file a counterbond within ten days from notice of the filing and approval of the bond of respondent Erlinda. Petitioners moved for the reconsideration of the said Order which respondent judge denied and granted a period of fifteen days for respondent Erlinda to file an attachment bond.

Respondent Erlinda filed her attachment bond on June 25, 2009 in the amount of P35,000,000.00 through Visayan Surety and Insurance Corporation which was approved by respondent on July 7, 2009.

Meanwhile, on July 3, 2009, petitioners filed an Omnibus Motion praying that a hearing be held to determine the sufficiency of the attachment bond and they be allowed to deposit Certificates of Title of real property, and the issuance of the writ of attachment be held in abeyance.

On July 20, 2009, petitioners filed a motion for extension of time to comply and/or file the appropriate pleading and to hold in abeyance the reinstatement of the writ of attachment.

On January 28, 2010, petitioners filed a motion to admit bank property in lieu of counterbond which was opposed by respondent Erlinda.

On September 24, 2010, respondent judge denied petitioners' motion in the assailed Order. Their subsequent motion for reconsideration was denied on May 26, 2011.

On June 27, 2011, respondent judge issued an Order reinstating the Writ of Attachment dated March 1, 2001 for failure of petitioners to file the required counterbond. Respondent judge also issued an amended Reinstated Writ of Attachment directing respondent Sheriff Oscar L. Rojas (hereafter respondent Sheriff) to attach the real estate or personal properties of petitioners in the amount of P28,597,472.70. On June 30, 2011, the sheriff served the Notice of Garnishment and the Amended Reinstated Writ of Attachment.

On July 4, 2011, petitioners filed an urgent motion to recall, suspend or hold in abeyance and re-examination of the amended reinstated writ of preliminary attachment of June 27, 2011 which was opposed by respondent Erlinda.

On July 19, 2011, respondent Sheriff issued a Sheriffs Partial Report. Thereafter, petitioners filed this petition for certiorari x x x.
In a Decision dated March 27, 2012, the CA dismissed petitioners' certiorari petition and affirmed the Orders of the RTC reinstating the Writ of Attachment for failure of petitioners to file the required counter-bond. The CA ruled that the RTC judge committed no grave abuse of discretion in denying petitioners' motion to admit bank property in lieu of counter-bond, thus, it held:chanroblesvirtuallawlibrary
WHEREFORE, premises considered, the petition is DISMISSED and accordingly, DENIED DUE COURSE. The Orders dated September 24, 2010 and May 26, 2011 are hereby AFFIRMED.

SO ORDERED.3cralawlawlibrary
Petitioners filed a motion for reconsideration against said decision, but the same was denied in a Resolution dated September 11, 2012.

Hence, petitioners filed this present petition raising the following grounds:chanroblesvirtuallawlibrary
IN THE FIRST ASSAILED ORDER THE HONORABLE COURT OF APPEALS ACTED WITH GRAVE ABUSE OF DISCRETION WHEN IT MISCONSTRUED AND FAILED TO RULE ON THE CORRECT LEGAL ISSUE PRESENTED IN THE PETITION FOR CERTIORARI.4

IN THE SECOND ASSAILED ORDER THE FIONORABLE COURT OF APPEALS AGAIN ACTED WITH GRAVE ABUSE OF DISCRETION WHEN IT FAILED TO PRESENT ANY LEGAL BASIS FOR STATING THAT RULE 39 OF THE REVISED RULES OF COURT DOES NOT APPLY.5cralawlawlibrary

Simply stated, the issue for our resolution is whether the CA erred in affirming the RTC's decision which denied petitioners' motion praying that bank property be deposited in lieu of cash or a counter-bond.

In their petition, petitioners contend that it has the option to deposit real property, in lieu of cash or a counter-bond, to secure any contingent lien on its property in the event respondent wins the case. They argue that Section 2 of Rule 57 only mentions the term "deposit," thus, it cannot only be confined or construed to refer to cash.

We rule in the negative.

Section 2, Rule 57 of the Rules of Court explicitly states that "[a]n order of attachment may be issued either ex parte or upon motion with notice and hearing by the court in which the action is pending, or by the Court of Appeals or the Supreme Court, and must require the sheriff of the court to attach so much of the property in the Philippines of the party against whom it is issued, not exempt from execution, as may be sufficient to satisfy the applicant's demand, unless such party makes deposit or gives a bond as hereinafter provided in an amount equal to that fixed in the order, which may be the amount sufficient to satisfy the applicant's demand or the value of the property to be attached as stated by the applicant, exclusive of costs."

Section 5 of the same Rule likewise states that "[t]he sheriff enforcing the writ shall without delay and with all reasonable diligence attach, to await judgment and execution in the action, only so much of the property in the Philippines of the party against whom the writ is issued, not exempt from execution, as may be sufficient to satisfy the applicant's demand, unless the former makes a deposit with the court from which the writ is issued, or gives a counter-bond executed to the applicant, in an amount equal to the bond fixed by the court in the order of attachment or to the value of the property to be attached, exclusive of costs."

From the foregoing, it is evidently clear that once the writ of attachment has been issued, the only remedy of the petitioners in lifting the same is through a cash deposit or the filing of the counter-bond. Thus, the Court holds that petitioner's argument that it has the option to deposit real property instead of depositing cash or filing a counter-bond to discharge the attachment or stay the implementation thereof is unmeritorious.

In fact, in Security Pacific Assurance Corporation v. Tria-Infante,6 we held that one of the ways to secure the discharge of an attachment is for the party whose property has been attached or a person appearing on his behalf, to post a counterbond or make the requisite cash deposit in an amount equal to that fixed by the court in the order of attachment.7

Apropos, the trial court aptly ruled that while it is true that the word deposit cannot only be confined or construed to refer to cash, a broader interpretation thereof is not justified in the present case for the reason that a party seeking a stay of the attachment under Section 5 is required to make a deposit in an amount equal to the bond fixed by the court in the order of attachment or to the value of the property to be attached. The proximate relation of the word "deposit" and "amount" is unmistakable in Section 5 of Rule 57. Plainly, in construing said words, it can be safely concluded that Section 5 requires the deposit of money as the word "amount" commonly refers to or is regularly associated with a sum of money.

In Alcazar v. Arante,8 we held that in construing words and phrases used in a statute, the general rule is that, in the absence of legislative intent to the contrary, they should be given their plain, ordinary and common usage meaning. The words should be read and considered in their natural, ordinary, commonly-accepted and most obvious signification, according to good and approved usage and without resorting to forced or subtle construction. Words are presumed to have been employed by the lawmaker in their ordinary and common use and acceptation.9 Thus, petitioners should not give a special or technical interpretation to a word which is otherwise construed in its ordinary sense by the law and broaden the signification of the term "deposit" to include that of real properties.cralawred

WHEREFORE, premises considered, the instant petition is DENIED. The Decision dated March 27, 2012 and Resolution dated September 11, 2012 of the Court of Appeals are hereby AFFIRMED.

SO ORDERED.chanroblesvirtuallawlibrary

Velasco, Jr., (Chairperson), Mendoza,* Reyes, and Jardeleza, JJ., concur.

Endnotes:


* Designated Acting Member in lieu of Associate Justice Martin S. Villarama, Jr., per Special Order No. 1966 dated March 30, 2015.

1 Penned by Associate Justice Juan Q. Enriquez, Jr., with Associate Justices Apolinario D. Bruselas and Manuel M. Barrios, concurring; rollo, pp. 22-29.

2Id. at 31-32.

3Id. at 28

4Id. at 7.

5Id. at 10

6 G.R. No. 144740, August 31, 2005, 468 SCRA 526.

7Security Pacific Assurance Corporation v. Tria-Infante, supra, at 537-538.

8 G.R. No. 177042, December 10, 2012, 687 SCRA 507.

9Alcazar v. Arante, supra, at 518-519.



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-2015 Jurisprudence                 

  • G.R.No. 212092, April 08, 2015 - PEOPLES GENERAL INSURANCE CORP. (FORMERLY: PEOPLE'S TRANS-EAST ASIA INSURANCE CORP.), Petitioner, v. COL. FELIX MATEO A. RUNES, Respondent.

  • A.C. No. 5116, April 13, 2015 - DAVAO IMPORT DISTRIBUTORS, INC., Complainant, v. ATTY. JOHNNY LANDERO, Respondent.

  • G.R. No. 176114, April 08, 2015 - GRACE SAN DIEGO Y TRINIDAD, Petitioner, v. THE HONORABLE COURT OF APPEALS, Respondent.

  • G.R.No. 212092, April 08, 2015 - PEOPLES GENERAL INSURANCE CORP. (FORMERLY: PEOPLE'S TRANS-EAST ASIA INSURANCE CORP.), Petitioner, v. COL. FELIX MATEO A. RUNES, Respondent.

  • A.C. No. 5116, April 13, 2015 - DAVAO IMPORT DISTRIBUTORS, INC., Complainant, v. ATTY. JOHNNY LANDERO, Respondent.

  • G.R. No. 193169, April 06, 2015 - ROGELIO ROQUE, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 176114, April 08, 2015 - GRACE SAN DIEGO Y TRINIDAD, Petitioner, v. THE HONORABLE COURT OF APPEALS, Respondent.

  • G.R. No. 209741, April 15, 2015 - SOCIAL SECURITY COMMISSION, Petitioner, v. EDNA A. AZOTE, Respondent.

  • G.R. No. 185664, April 08, 2015 - ANGELES P. BALINGHASAY, RENATO M. BERNABE, ALODIA L. DEL ROSARIO, CATALINA T. FUNTILA, TERESITA L. GAYANILO, RUSTICO A. JIMENEZ, ARCELI P. JO, ESMERALDA D. MEDINA, CECILIA S. MONTALBAN, VIRGILIO R. OBLEPIAS, CARMENCITA R. PARRE�O, EMMA L. REYES, REYNALDO L. SAVET, SERAPIO P. TACCAD, VICENTE I. VALDEZ, SALVACION F. VILLAMORA, AND DIONISIA M. VILLAREAL, Petitioners, v. CECILIA CASTILLO, OSCAR DEL ROSARIO, ARTURO S. FLORES, XERXES NAVARRO, MARIA ANTONIA A. TEMPLO AND MEDICAL CENTER PARA�AQUE, INC., Respondent.

  • G.R. No. 203804, April 15, 2015 - DARIO A. CARCEDO (SUBSTITUTED BY HIS WIFE PRISCILLA DELA CRUZ-CARCEDO), Petitioner, v. MAINE MARINE PHILIPPINES, INC. AND/OR MISUGA KAJUN CO., LTD., AND/OR MA. CORAZON GEUSE-SONGCUYA, Respondent.

  • G.R. No. 198543, April 15, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. CESAR C. PASICOLAN AND GREGORIO C. PASICOLAN, Respondent.

  • G.R. No. 204646, April 15, 2015 - SMART COMMUNICATIONS, INC., NAPOLEON L. NAZARENO, AND RICARDO P. ISLA,* Petitioners, v. JOSE LENI Z. SOLIDUM, Respondent.

  • G.R. No. 195203 [Formerly UDK No. 14435], April 20, 2015 - ANTONIO PAGARIGAN, Petitioner, v. ANGELITA YAGUE AND SHIRLEY ASUNCION, Respondent.

  • G.R. No. 194702, April 20, 2015 - SAN LORENZO RUIZ BUILDERS AND DEVELOPERS GROUP, INC. AND OSCAR VIOLAGO, Petitioners, v. MA. CRISTINA F. BAYANG, Respondent.

  • G.R. No. 216098, April 21, 2015 - BISHOP BRODERICK S. PABILLO, DD, PABLO R. MANALASTAS, JR., PHD, MARIA CORAZON AKOL, CONCEPCION B. REGALADO, HECTOR A. BARRIOS, LEO Y. QUERUBIN, AUGUSTO C. LAGMAN, FELIX P. MUGA, II, PHD, ATTY. GREGORIO T. FABROS, EVITA L. JIMENEZ, AND JAIME DL CARO, PHD, Petitioners, v. COMMISSION ON ELECTIONS, EN BANC, REPRESENTED BY ACTING CHAIRPERSON CHRISTIAN ROBERT S. LIM, AND SMARTMATIC-TIM CORPORATION, REPRESENTED BY SMARTMATIC ASIA-PACIFIC PRESIDENT CESAR FLORES, Respondents.; G.R. NO. 216562 - INTEGRATED BAR OF THE PHILIPPINES, Petitioner, v. COMMISSION ON ELECTIONS, REPRESENTED BY ITS ACTING CHAIRPERSON ROBERT S. LIM, AND SMARTMATIC-TIM CORPORATION, Respondent.

  • G.R. No. 196592, April 06, 2015 - SPOUSES JUVY MARA�O AND MARIA LUISA G. MARA�O, Petitioners, v. PRYCE GASES, INCORPORATED, Respondent.

  • G.R. No. 198012, April 22, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANGEL MATEO Y JACINTO AND VICENTA LAPIZ Y MEDINA, Accused-Appellants.

  • G.R. No. 202708, April 13, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICTORIANO VILLAR @ BOY, Accused-Appellant.

  • G.R. No. 203993, April 20, 2015 - PRISCILO B. PAZ, Petitioner, v. NEW INTERNATIONAL ENVIRONMENTAL UNIVERSALITY, INC., Respondent.

  • G.R. No. 190112, April 22, 2015 - PRIMO CO, SR., EDGARDO CRUZ, FE LANNY L. ALEGADO, JESTER B. ONGCHUAN, JOSEPH ONGCHUAN AND LUCIANNE CHAM, Petitioners, v. THE PHILIPPINE CANINE CLUB, INC., Respondent.

  • G.R. No. 172637, April 22, 2015 - OFFICE OF THE OMBUDSMAN-VISA YAS AND EMILY ROSE KO LIM CHAO, Petitioners, v. MARY ANN T. CASTRO, Respondent.

  • G.R. No. 208163, April 20, 2015 - ROQUE B. BENITEZ AND SANTA FE LABOR UNION-FEDERATION OF FREE WORKERS, Petitioners, v. SANTA FE MOVING AND RELOCATION SERVICES/VEDIT KURANGIL, Respondent.

  • A.C. No. 7250 [Formerly CBD Case No. 05-1448], April 20, 2015 - ATTY. RICARDO M. ESPINA, Complainant, v. ATTY. JESUS G. CHAVEZ, Respondent.

  • G.R. No. 207328, April 20, 2015 - WILHELMSEN-SMITH BELL MANNING/WILHELMSEN SHIP MANAGEMENT, LTD./FAUSTO R. PREYSLER, JR., Petitioners, v. ALLAN SUAREZ, Respondent.

  • G.R. No. 164594, April 22, 2015 - MICHAEL SEBASTIAN, Petitioner, v. ANNABEL LAGMAY NG, REPRESENTED BY HER ATTORNEY-IN-FACT, ANGELITA LAGMAY, Respondent.

  • G.R. No. 197712, April 20, 2015 - NONITO IMBO Y GAMORES, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 191667, April 22, 2015 - LAND BANK OF THE PHILIPPINES, Petitioner, v. EDUARDO M. CACAYURAN, Respondent, MUNICIPALITY OF AGOO, LA UNION, Intervenor.

  • G.R. No. 198465, April 22, 2015 - LITEX GLASS AND ALUMINUM SUPPLY AND/OR RONALD ONG-SITCO, Petitioners, v. DOMINADOR B. SANCHEZ, Respondent.

  • G.R. Nos. 173148, April 06, 2015 - ELSA DEGAYO, Petitioner, v. CECILIA MAGBANUA-DINGLASAN, JOHNNY DINGLASAN, ASUNCION MAGBANUA-PORRAS, MARIANO PASCUALITO AND AMADO JR., ALL SURNAMED MAGBANUA, Respondent.

  • G.R. No. 194061, April 20, 2015 - EMELIE L. BESAGA, Petitioner, v. SPOUSES FELIPE ACOSTA AND LUZVIMINDA ACOSTA AND DIGNA MATALANG COCHING, Respondent.

  • G.R. No. 183587, April 20, 2015 - LEXBER, INC., Petitioner, v. CAESAR M. AND CONCHITA B. DALMAN, Respondent.

  • G.R. No. 193101, April 20, 2015 - NICANOR CERIOLA, Petitioner, v. NAESS SHIPPING PHILIPPINES, INC., MIGUEL OCA AND/OR KUWAIT OIL TANKER, Respondent.

  • G.R. No. 198356, April 20, 2015 - ESPERANZA SUPAPO AND THE HEIRS OF ROMEO SUPAPO, NAMELY: ESPERANZA, REX EDWARD, RONALD TROY, ROMEO, JR., SHEILA LORENCE, ALL SURNAMED SUPAPO, AND SHERYL FORTUNE SUPAPO-SANDIGAN, Petitioners, v. SPOUSES ROBERTO AND SUSAN DE JESUS, MACARIO BERNARDO, AND THOSE PERSONS CLAIMING RIGHTS UNDER THEM, Respondent.

  • G.R. No. 206540, April 20, 2015 - ALICE G. AFRICA, Petitioner, v. INSURANCE SAVINGS AND INVESTMENT AGENCY, INC. (ISIA) REPRESENTED BY ITS PRESIDENT, DELIA DE BORJA; ACTING REGISTER OF DEEDS, LAS PINAS CITY, ATTY. ABRAHAM N. VERMUDEZ, Respondents.

  • G.R. No. 196357, April 20, 2015 - THE HEIRS OF THE LATE DELFIN DELA CRUZ, REPRESENTED BY HIS SPOUSE, CARMELITA DELA CRUZ, Petitioners, v. PHILIPPINE TRANSMARINE CARRIERS, INC., REPRESENTED BY MR. CARLOS C. SALINAS AND/OR TECTO BELGIUM N.V., Respondent.

  • G.R. No. 204171, April 15, 2015 - OFFICE OF THE OMBUDSMAN, Petitioner, v. WILFREDO B. AGUSTINO, RUDY G. CANASTILLO, EDWARD G. CANASTILLO, CECIL C. CALIGAN, Respondent.

  • G.R. No. 206020, April 14, 2015 - 1-UNITED TRANSPORT KOALISYON (1-UTAK), Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

  • G.R. No. 174202, April 07, 2015 - DYNAMIC BUILDERS & CONSTRUCTION CO. (PHIL.), INC., Petitioner, v. HON. RICARDO P. PRESBITERO, JR., MAYOR AND HEAD OF PROCURING UNIT OF THE MUNICIPALITY OF VALLADOLID, NEGROS OCCIDENTAL; BIDS AND AWARDS COMMITTEE, MUNICIPALITY OF VALLADOLID, NEGROS OCCIDENTAL; AND HENRY L. JORDAN AND/OR HLJ CONSTRUCTION AND ENTERPRISE, Respondents.

  • G.R. No. 208062, April 07, 2015 - SOCIAL WEATHER STATIONS, INC. AND PULSE ASIA, INC., Petitioners, v. COMMISSION ON ELECTIONS, Respondent.

  • A.M. No. RTJ-14-2402 (Formerly OCA IPI No. 12-3910-RTJ), April 15, 2015 - JOSEFINA M. ONGCUANGCO TRADING CORPORATION, REPRESENTED BY JOSEFINA M. ONGCUANGCO, Complainant, v. JUDGE RENATO D. PINLAC, REGIONAL TRIAL COURT, BRANCH 57, SAN CARLOS CITY, PANGASINAN, Respondent.

  • G.R. No. 211833, April 07, 2015 - FERDINAND R. VILLANUEVA, PRESIDING JUDGE, MCTC, COMPOSTELA-NEW BATAAN, COMPOSTELA VALLEY PROVINCE, Petitioner, v. JUDICIAL AND BAR COUNCIL, Respondent.

  • G. R. No. 171601, April 08, 2015 - SPOUSES BONIFACIO AND LUCIA PARAS, Petitioners, v. KIMWA CONSTRUCTION AND DEVELOPMENT CORPORATION, Respondent.

  • G.R. Nos. 194339-41, April 20, 2015 - TERESITA A. CIRON, Petitioner, v. MA. MERCEDITAS N. GUTIERREZ, IN HER OFFICIAL CAPACITY AS OMBUDSMAN, FLORIZA A. BRIONES AND TERESITA P. BUTARDO- TACATA, IN THEIR OFFICIAL CAPACITIES AS GRAFT INVESTIGATION & PROSECUTION OFFICER II OF THE OFFICE OF THE OMBUDSMAN, NONNA O. BELTRAN, 2nd ASSISTANT CITY PROSECUTOR, RAUL E. CONTRERAS, CITY PROSECUTOR, BOTH OF NATIONAL PROSECUTION OFFICE, IRIGA CITY, AND SANTIAGO D. ORTEGA, JR., Respondent.

  • G.R. No. 213214, April 20, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EUGENE SAMUYA, Accused-Appellant.

  • G.R. No. 213216, April 20, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RICKY ARGUTA ALIAS "JOEL" AND WILSON CAHIPE ALIAS "SIWIT," Accused-Appellants.

  • A.C. No. 10303, April 22, 2015 - JOY A. GIMENO, Complainant, v. ATTY. PAUL CENTILLAS ZAIDE, Respondent.

  • G.R. No. 203530, April 13, 2015 - LUZON DEVELOPMENT BANK, TOMAS CLEMENTE, JR., AND OSCAR RAMIREZ, Petitioners, v. ERLINDA KRISHNAN, Respondent.

  • A.M. No. RTJ-12-2325 (Formerly A.M. No. 12-7-132-RTC), April 14, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE AND FORMER ACTING PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 21, KAPATAGAN, LANAO DEL NORTE, Respondent.; A.M. No. RTJ-15-2419 (FORMERLY A.M. OCA IPI No. 11-3649-RTJ) - PROSECUTOR DIOSDADO D. CABRERA, Complainant, v. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE AND FORMER ACTING PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 21, KAPATAGAN, LANAO DEL NORTE, Respondent.

  • G.R. No. 189649, April 20, 2015 - ADORACION CAROLINO (SPOUSE AND IN SUBSTITUTION OF THE DECEASED JEREMIAS A. CAROLINO), Petitioner, v. GEN. GENEROSO SENGA, AS CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES (AFP); BRIG. GEN. FERNANDO ZABAT, AS CHIEF OF THE AFP FINANCE CENTER; COMMO. REYNALDO BASILIO, AS CHIEF OF THE AFP-GHQ MANAGEMENT AND FISCAL OFFICE; AND COMMO. EMILIO MARAYAG, PENSION AND GRATUITY OFFICER, PENSION AND GRATUITY MANAGEMENT CENTER, AFP FINANCE CENTER, Respondent.

  • G.R. No. 183641, April 22, 2015 - BENJAMIN GUERRERO, Petitioner, v. DIRECTOR, LAND MANAGEMENT BUREAU, FLORANTE EDWARD R. BENITEZ, PROJECT EVALUATION OFFICER III, LEGAL DIVISION; AND HEIRS OF MARCELO BUSTAMANTE, REPRESENTED BY CORA Z. BUSTAMANTE, Respondent.

  • G.R. No. 205188, April 22, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY HONORABLE LOURDES M. TRASMONTE IN HER CAPACITY AS UNDERSECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, AND AHONORABLE JENNIFER JARDIN-MANALILI, IN HER CAPACITY AS THEN PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATOR, Petitioner, v. HUMANLINK MANPOWER CONSULTANTS, INC. (FORMERLY MHY NEW RECRUITMENT INTERNATIONAL, INC.), Respondent.

  • G.R. No. 182805, April 22, 2015 - HEIRS OF SERAPIO MABBORANG: LAURIANO MABBORANG, DOMINGO MABBORANG, ENCARNACION MABBORANG, FELIX MABBORANG, FAUSTINA MABBORANG, ELIAS MABBORANG, ALBERTA MABBORANG; HEIRS OF REGINO MABBORANG: JOSE MABBORANG, DIONICIA MABBORANG, SOTERA MABBORANG, MARIANO MABBORANG; HEIRS OF SUSANA MABBORANG: CECILIA UBINA-OCAB AND CANDIDA U. TAGUIGA; SEGUNDA MABBORANG; HEIRS OF VICTORINO MABBORANG: JUAN MABBORANG, JR., SERVANDO MABBORANG; AND HEIRS OF VICENTE MABBORANG: MARIANO MABBORANG, MARTIN MABBORANG, LUZ MABBORANG-CARILLO, Petitioners, v. HERMOGENES MABBORANG AND BENJAMIN MABBORANG, Respondent.

  • A.M. No. P-12-3092 (Formerly A.M. No. 12-7-54-MTC), April 14, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. REMEDIOS R. VIESCA, CLERK OF COURT II, MUNICIPAL TRIAL COURT OF SAN ANTONIO, NUEVA ECIJA, Respondent.

  • G.R. Nos. 211933 & 211960, April 15, 2015 - ROBERTA S. SALDARIEGA, Petitioner, v. HON. ELVIRA D.C. PANGANIBAN, PRESIDING JUDGE, BRANCH 227, REGIONAL TRIAL COURT, NATIONAL CAPITAL REGION, QUEZON CITY AND PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 179334, April 21, 2015 - SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS AND DISTRICT ENGINEER CELESTINO R. CONTRERAS, Petitioners, v. SPOUSES HERACLEO AND RAMONA TECSON, Respondents.

  • G.R. No. 201146, April 15, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. MICHAEL ROS Y ORTEGA, RODOLFO JUSTO, JR. Y CALIFLORES, AND DAVID NAVARRO Y MINAS, Appellants.

  • A.C. No. 9868 [formerly CBD Case No. 05-1617], April 22, 2015 - ATTY. ALFREDO L. VILLAMOR, JR., Complainant, v. ATTYS. E. HANS A. SANTOS AND AGNES H. MARANAN, Respondents.

  • G.R. No. 200465, April 20, 2015 - JOCELYN ASISTIO Y CONSINO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND MONICA NEALIGA, Respondent.

  • G.R. Nos. 192698-99, April 22, 2015 - RAYMUNDO E. ZAPANTA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 197597, April 08, 2015 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF DATUKAN MALANG SALIBO, DATUKAN MALANG SALIBO, Petitioner, v. WARDEN, QUEZON CITY JAIL ANNEX, BJMP BUILDING, CAMP BAGONG DIWA, TAGUIG CITY AND ALL OTHER PERSONS ACTING ON HIS BEHALF AND/OR HAVING CUSTODY OF DATUKAN MALANG SALIBO, Respondents.

  • G.R. No. 159611, April 22, 2015 - HEIRS OF ANTERO SOLIVA, Petitioner, v. SEVERINO, JOEL, GRACE, CENON, JR., RENATO, EDUARDO, HILARIO, ALL SURNAMED SOLIVA, ROGELIO V. ROLEDA, AND SANVIC ENTERPRISES, INC., REPRESENTED BY ITS MANAGER, SANTOS PORAQUE, Respondents.

  • G.R. No. 212381, April 22, 2015 - REYNALDO M. JACOMILLE, Petitioner, v. HON. JOSEPH EMILIO A. ABAYA, IN HIS CAPACITY AS SECRETARY OF TRANSPORTATION AND COMMUNICATIONS (DOTC); ATTY. ALFONSO V. TAN, JR., IN HIS CAPACITY AS ASSISTANT SECRETARY OF THE LAND TRANSPORTATION OFFICE (LTO); HON. FLORENCIO ABAD, IN HIS CAPACITY AS SECRETARY OF BUDGET AND MANAGEMENT (DBM); HON. ARSENIO M. BALISACAN, IN HIS CAPACITY AS DIRECTOR GENERAL OF THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY (NEDA); HON. MARIA GRACIA M. PULIDO TAN, IN HER CAPACITY AS CHAIRPERSON OF THE COMMISSION ON AUDIT (COA) AND POWER PLATES DEVELOPMENT CONCEPTS, INC.,/J. KNIERIEM B.V. GOES (JKG) (JOINT VENTURE) REPRESENTED BY ITS MANAGING DIRECTOR, CHRISTIAN S. CALALANG, Respondents.

  • G.R. No. 202331, April 22, 2015 - THE PROVINCIAL GOVERNMENT OF AURORA, Petitioner, v. HILARIO M. MARCO, Respondents.

  • G.R. No. 197562, April 20, 2015 - AURORA ENGSON FRANSDILLA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 180771, April 21, 2015 - RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE TANON STRAIT, E.G., TOOTHED WHALES, DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, JOINED IN AND REPRESENTED HEREIN BY HUMAN BEINGS GLORIA ESTENZO RAMOS AND ROSE-LIZA EISMA-OSORIO, IN THEIR CAPACITY AS LEGAL GUARDIANS OF THE LESSER LIFE-FORMS AND AS RESPONSIBLE STEWARDS OF GOD'S CREATIONS, Petitioners, v. SECRETARY ANGELO REYES, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENERGY (DOE), SECRETARY JOSE L. ATIENZA, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR), LEONARDO R. SIBBALUCA, DENR REGIONAL DIRECTOR-REGION VII AND IN HIS CAPACITY AS CHAIRPERSON OF THE TANON STRAIT PROTECTED SEASCAPE MANAGEMENT BOARD, BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR), DIRECTOR MALCOLM I. SARMIENTO, JR., BFAR REGIONAL DIRECTOR FOR REGION VII ANDRES M. BOJOS, JAPAN PETROLEUM EXPLORATION CO., LTD. (JAPEX), AS REPRESENTED BY ITS PHILIPPINE AGENT, SUPPLY OILFIELD SERVICES, INC., Respondents.; G.R. No. 181527 - CENTRAL VISAYAS FISHERFOLK DEVELOPMENT CENTER (FIDEC), CERILO D. ENGARCIAL, RAMON YANONG, FRANCISCO LABID, IN THEIR PERSONAL CAPACITY AND AS REPRESENTATIVES OF THE SUBSISTENCE FISHERFOLKS OF THE MUNICIPALITIES OF ALOGUINSAN AND PINAMUNGAJAN, CEBU, AND THEIR FAMILIES, AND THE PRESENT AND FUTURE GENERATIONS OF FILIPINOS WHOSE RIGHTS ARE SIMILARLY AFFECTED, Petitioners, v. SECRETARY ANGELO REYES, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENERGY (DOE), JOSE L. ATIENZA, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR), LEONARDO R. SIBBALUCA, IN HIS CAPACITY AS DENR REGIONAL DIRECTOR-REGION VII AND AS CHAIRPERSON OF THE TA�ON STRAIT PROTECTED SEASCAPE MANAGEMENT BOARD, ALAN ARRANGUEZ, IN HIS CAPACITY AS DIRECTOR ENVIRONMENTAL MANAGEMENT BUREAU-REGION VII, DOE REGIONAL DIRECTOR FOR REGION VIII1 ANTONIO LABIOS, JAPAN PETROLEUM EXPLORATION CO., LTD. (JAPEX), AS REPRESENTED BY ITS PHILIPPINE AGENT, SUPPLY OILFIELD SERVICES, INC., Respondent.

  • G.R. No. 202950, April 06, 2015 - BALTAZAR IBOT, Petitioner, v. HEIRS OF FRANCISCO TAYCO, REPRESENTED BY FLORA TAYCO, WILLY TAYCO AND MERLYN T. BULANTE, Respondents.

  • G.R. No. 187013, April 22, 2015 - SPOUSES MAGDALINO AND CLEOFE BADILLA, Petitioners, v. FE BRAGAT, Respondent.

  • G.R. No. 194642, April 06, 2015 - NUNELON R. MARQUEZ, Petitioner, v. ELISAN CREDIT CORPORATION, Respondents.

  • A.M. No. 07-11-14-SC, April 14, 2015 - RE: LETTER OF ERLINDA ILUSORIO-BILDNER, POTC, PHILCOMSAT, REQUESTING INVESTIGATION OF CERTAIN MEMBERS OF THE JUDICIARY

  • G.R. No. 209331, April 24, 2015 - DEPARTMENT OF FINANCE, REPRESENTED BY HON. CESAR V. PURISIMA IN HIS OFFICIAL CAPACITY AS SECRETARY, AND THE BUREAU OF CUSTOMS, REPRESENTED BY HON. ROZZANO RUFINO B. BIAZON, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF CUSTOMS, Petitioners, v. HON. MARINO M. DELA CRUZ, JR., IN HIS CAPACITY AS EXECUTIVE JUDGE, REGIONAL TRIAL COURT, MANILA, HON. FELICITAS O. LARON-CACANINDIN, IN HER CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT, MANILA, BRANCH 17, RONNIE C. SILVESTRE, EDWARD P. DELA CUESTA, ROGEL C. GATCHALIAN, IMELDA D.CRUZ, LILIBETH S. SANDAG, RAYMOND P. VENTURA, MA. LIZA S. TORRES, ARNEL C. ALCARAZ, MA. LOURDES V. MANGAOANG, FRANCIS AGUSTIN Y. ERPE, CARLOS T. SO, MARIETTA D. ZAMORANOS, CARMELITA M. TALUSAN,1 AREFILES H. CARREON,2 AND ROMALINO G. VALDEZ, Respondents.