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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-2015 Jurisprudence                 

  • G.R. No. 197709, August 03, 2015 - JOSE YULO AGRICULTURAL CORPORATION, Petitioner, v. SPOUSES PERLA CABAYLO DAVIS AND SCOTT DAVIS, Respondents.

  • G.R. No. 200969, August 03, 2015 - CONSOLACION D. ROMERO AND ROSARIO S.D. DOMINGO, Petitioners, v. ENGRACIA D. SINGSON, Respondent.

  • G.R. No. 213847, August 18, 2015 - JUAN PONCE ENRILE, Petitioner, v. SANDIGANBAYAN (THIRD DIVISION), AND PEOPLE OF THE PHILIPPINES, Respondents.

  • A.C. No. 8708 (CBD Case No. 08-2192), August 12, 2015 - SPOUSES BYRON AND MARIA LUISA SAUNDERS, Complainants, v. ATTY. LYSSA GRACE S. PAGANO-CALDE, Respondent.

  • G.R. No. 177803, August 03, 2015 - SPOUSES EMILIANO L. JALBAY, SR. AND MAMERTA C. JALBAY, Petitioners, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G.R. No. 201365, August 03, 2015 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANUELA FLORES Y SALAZAR @ WELLA Accused-Appellant.

  • G.R. No. 198908, August 03, 2015 - VIRGINIA OCAMPO, Petitioner, v. DEOGRACIO OCAMPO, Respondent.

  • G.R. No. 195175, August 10, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TOLEDO POWER COMPANY, Respondent.; G.R. NO. 199645 - TOLEDO POWER COMPANY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 213233, August 05, 2015 - BLISS DEVELOPMENT CORP./HOME GUARANTY CORPORATION, Petitioner, v. MONTANO DIAZ, DOMINGO TAPAY, AND EDGAR H. ARREZA, Respondents.

  • G.R. No. 197953, August 05, 2015 - PEOPLE OF THE PHILIPPINES, Petitioner, v. SANDIGANBAYAN (2ND DIVISION), QUINTIN SALUDAGA Y BORDEOS, ARTHUS ADRIATICO Y ERUDA AND ROMEO DE LUNA, Respondents.

  • G.R. No. 187524, August 05, 2015 - SPOUSES MARIA BUTIONG AND FRANCISCO VILLAFRIA, SUBSTITUTED BY DR. RUEL B. VILLAFRIA, Petitioners, v. MA. GRACIA RIÑOZA PLAZO AND MA. FE RIÑOZA ALARAS, Respondents.

  • G.R. No. 209447, August 11, 2015 - PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), Petitioner, v. HON. WINLOVE M. DUMAYAS, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 59, MAKATI CITY AND UNITED COCONUT PLANTERS BANK (UCPB), Respondents.; G.R. NO. 210901 - PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), Petitioner, v. HON. WINLOVE M. DUMAYAS, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 59, MAKATI CITY AND UNITED COCONUT PLANTERS LIFE ASSURANCE CORPORATION (COCOLIFE), Respondents.

  • G.R. No. 188739, August 05, 2015 - BENJAMIN E. RAVAGO, Petitioner, v. METROPOLITAN BANK & TRUST COMPANY, SUBSTITUTED BY BRIGHT VENTURES REALTY, INC., Respondents.

  • G.R. No. 215714, August 12, 2015 - OF THE PHILIPPINES, Plaintiff-Appellee, v. EFREN BASAL CAYAS, Accused-Appellant.

  • A.M. No. 11238-Ret., August 18, 2015 - IN RE: EXPIRATION OF FIXED TERM OF OFFICE OF ATTY. SAADUDDIN A. ALAUYA, OFFICE OF THE JURISCONSULT, ZAMBOANGA CITY

  • G.R. No. 167838, August 05, 2015 - JOSE V. TOLEDO, GLENN PADIERNOS AND DANILO PADIERNOS, Petitioner, v. COURT OF APPEALS, LOURDES RAMOS, ENRIQUE RAMOS, ANTONIO RAMOS, MILAGROS RAMOS AND ANGELITA RAMOS AS HEIRS OF SOCORRO RAMOS, GUILLERMO PABLO, PRIMITIVA CRUZ AND A.R.C. MARKETING CORPORATION, REPRESENTED BY ITS PRESIDENT, ALBERTO C. DY, Respondents.

  • A.C. No. 10635, August 26, 2015 - NOEL S. SORREDA, Complainant, v. ATTY. DAVID L. KHO, Respondent.

  • A.M. No. P-14-3253, August 19, 2015 - NICETAS TANIEZA-CALAYOAN, Complainant, v. ELMER JERRY C. CALAYOAN, PROCESS SERVER, REGIONAL TRIAL COURT, BRANCH 2, BANGUED, ABRA, Respondent.

  • A.C. No. 8084, August 24, 2015 - PATROCINIA H. SALABAO, Complainant, v. ATTY. ANDRES C. VILLARUEL, JR., Respondent.

  • A.C. No. 9834, August 26, 2015 - SAMUEL B. ARNADO, Complainant, v. ATTY. HOMOBONO A. ADAZA, Respondent.

  • A.C. No. 7314, August 25, 2015 - MARY ANN T. FLORES, Complainant, v. ATTY. JOVENCIO LL. MAYOR, JR., Respondent.

  • A.M. No. CA-12-26-P, August 17, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ANA MARIE ABARENTOS, RECORDS OFFICER IV, COURT OF APPEALS, CEBU CITY, Respondent.

  • G.R. No. 206220, August 19, 2015 - LUIS UY, SUBSTITUTED BY LYDIA UY VELASQUEZ AND SHIRLEY UY MACARAIG, Petitioner, v. SPOUSES JOSE LACSAMANA AND ROSAURA* MENDOZA, SUBSTITUTED BY CORAZON BUENA, Respondents.

  • G.R. No. 214865, August 19, 2015 - ROSVEE C. CELESTIAL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 201822, August 12, 2015 - MARINA PORT SERVICES, INC., Petitioner, v. AMERICAN HOME ASSURANCE CORPORATION, Respondent.

  • G.R. No. 202967, August 05, 2015 - ALICIA Y. LAUREL, SUBSTITUTED BY HER SOLE HEIR AND LEGAL REPRESENTATIVE JUAN MIGUEL Y. LAUREL, Petitioner, v. FERDINAND M. VARDELEON, Respondent.

  • G.R. No. 183869, August 03, 2015 - LEONARDO L. VILLALON, Petitioner, v. RENATO E. LIRIO, Respondent.

  • G.R. No. 179751, August 05, 2015 - HERMINIA L. MENDOZA, IN HER CAPACITY AS OIC OF THE REGISTER OF DEEDS OF LUCENA CITY, Petitioner, v. SPOUSES ARMANDO AND ANGELA GARANA AND FAR EAST BANK & TRUST CO., INC., Respondents.

  • G.R. No. 208320, August 19, 2015 - GRACE DAVID Y CESAR, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 174542, August 03, 2015 - KAREN GO, Petitioner, v. LAMBERTO ECHAVEZ, Respondent.

  • G.R. No. 196875, August 19, 2015 - TEDDY MARAVILLA, Petitioner, v. JOSEPH RIOS, Respondent.

  • G.R. No. 205113, August 26, 2015 - HONORLITA ASCANO-CUPINO AND FLAVIANA ASCANO-COLOCADO, Petitioners, v. PACIFIC REHOUSE CORPORATION, Respondent.

  • G.R. No. 205823, August 17, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. REGIE BREIS Y ALVARADO AND GARY YUMOL Y TUAZON,* Appellants.

  • G.R. No. 198643, August 19, 2015 - MARSMAN & COMPANY AND QUIRINO R. ILEDAN, Petitioners, v. ARTEMIO M. LIGO, Respondent.

  • G.R. No. 214054, August 05, 2015 - NG MENG TAM, Petitioner, v. CHINA BANKING CORPORATION, Respondent.

  • A.M. No. P-11-2982 (Formerly O.C.A. IPI No. 08-2913-P), August 17, 2015 - FORMER JUDGE FERNANDO VIL PAMINTUAN, Complainant, v. SALVADOR G. COMUYOG, JR., CLERK III, Respondent.

  • G.R. No. 187882, August 24, 2015 - PHILIPPINE NATIONAL BANK, Petitioner, v. SPOUSES HIPPOCRATES AND MELANIE PIMENTEL, Respondents.

  • G.R. No. 190984, August 19, 2015 - ACOMARIT ACOMARIT LIMITED, PHILS., AND/OR HONGKONG, Petitioners, v. GOMER L. DOTIMAS, Respondent.

  • G.R. No. 170706, August 26, 2015 - PRUDENCIO CARANTO, Petitioner, v. BERGESEN D.Y. PHILS. AND/OR BERGESEN D.Y. A.S.A., Respondents.

  • G.R. No. 194617, August 05, 2015 - LA TONDEÑA, INC., Petitioner, v. REPUBLIC OF THE PHILIPPINES Respondent.

  • G.R. No. 206612, August 17, 2015 - TOYOTA ALABANG, INC., Petitioner, v. EDWIN GAMES, Respondent.

  • G.R. No. 203142, August 26, 2015 - THE PHILIPPINE PORTS AUTHORITY (PPA), Petitioner, v. COALITION OF PPA OFFICERS AND EMPLOYEES, REPRESENTED BY HECTOR E. MIOLE, ET AL., Respondents.

  • G.R. No. 182157, August 17, 2015 - ANLUD METAL RECYCLING CORPORATION, AS REPRESENTED BY ALFREDO A. DY, Petitioner, v. JOAQUIN ANG, Respondent.

  • A.C. No. 5161, August 25, 2015 - RE: IN THE MATTER OF THE PETITION FOR REINSTATEMENT OF ROLANDO S. TORRES AS A MEMBER OF THE PHILIPPINE BAR.

  • G.R. Nos. 191370-71, August 10, 2015 - RODOLFO BASILONIA, LEODEGARIO CATALAN AND JOHN BASILONIA, Petitioners, v. HON. DELANO F. VLLLARUZ, ACTING IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, ROXAS CITY, BRANCH 16, AND DIXON ROBLETE, Respondents.

  • G.R. No. 165146, August 12, 2015 - SECURITIES AND EXCHANGE COMMISSION AND VERNETTE G. UMALI, Petitioners, v. BAGUIO COUNTRY CLUB CORPORATION, Respondent.; G.R. N0. 165209 - RAMON K. ILUSORIO AND ERLINDA K. ILUSORIO, Petitioners, v. BAGUIO COUNTRY CLUB CORPORATION, Respondent.

  • G.R. No. 203066, August 05, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODELIO LLOBERA Y OFIZA, Accused-Appellant.

  • G.R. No. 190892, August 17, 2015 - VICENTE H. MANULAT, JR., Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 183370, August 17, 2015 - NATION PETROLEUM GAS, INCORPORATED, NENA ANG, MARIO ANG, ALISON A. SY, GUILLERMO G. SY, NELSON ANG, LUISA ANG, RENATO C. ANG, PAULINE T. ANG, RICKY C. ANG,1 AND MELINDA ANG, Petitioners, v. RIZAL COMMERCIAL BANKING CORPORATION, SUBSTITUTED BY PHILIPPINE ASSET GROWTH ONE, INC., Respondent.

  • G.R. No. 213455, August 11, 2015 - JUAN PONCE ENRILE, Petitioner, v. PEOPLE OF THE PHILIPPINES, HON. AMPARO M. CABOTAJE-TANG, HON. SAMUEL R. MARTIRES, AND HON. ALEX L. QUIROZ OF THE THIRD DIVISION OF THE SANDIGANBAYAN, Respondents.

  • G.R. No. 201405, August 24, 2015 - LIWAYWAY ANDRES, RONNIE ANDRES, AND PABLO B. FRANCISCO, Petitioners, v. STA. LUCIA REALTY & DEVELOPMENT, INCORPORATED, Respondent.

  • G.R. No. 153810, August 12, 2015 - WINSTON R. GARCIA, IN HIS CAPACITY AS PRESIDENT AND GENERAL MANAGER OF THE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Petitioners, v. ANGELITA TOLENTINO, EDELITO ZOLLO EDRALINDA, KATHLYN A. UMALI, VIVIAN ROSIELLE CERVANTES, EDITH MEDINA, ROMELO CABANGON, ET AL., Respondents.; G.R. NO. 167297 - MELINA I. GARCIA, CECILIA V. LAS, NIMFA PENALOSA, ROSANA R. ZEPEDA, RACHELLE L. JACOB, MARIBEL B. TENA, AND EDUVIGIS S. ANGELES (IN LIEU OF ANGELITA TOLENTINO FOR THE NATIONAL FORESTATION DEVELOPMENT OFFICE-DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, ET AL.), Petitioners, v. WINSTON GARCIA, ET AL., Respondents.

  • G.R. No. 192943, August 12, 2015 - UNITED DUMANGAS PORT DEVELOPMENT CORPORATION, Petitioner, v. PHILIPPINE PORTS AUTHORITY, ATTY. OSMAR M. SEVILLA, GENERAL MANAGER, ATTY. FERNANDO B. CLAVERINA, PORT MANAGER, PORT MANAGEMENT OFFICER-ILOILO; AND RAUL T. SANTOS, PORT DISTRICT MANAGER, PORT DISTRICT OFFICE-VISAYAS, Respondents.

  • G.R. No. 200114, August 24, 2015 - SOCIAL SECURITY SYSTEM, Petitioner, v. DEBBIE UBAÑA, Respondent.

  • G.R. No. 177168, August 03, 2015 - NAVY OFFICERS' VILLAGE ASSOCIATION, INC. (NOVAI), Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 163598, August 12, 2015 - AGRARIAN REFORM BENEFICIARIES ASSOCIATION (ARBA), AS REPRESENTED BY ISAIAS "ACE" NICOLAS IN HIS CAPACITY AS PRESIDENT, VIOLETA BATADHAY, JESUS F. DANAO, DOMINADOR RIOSA, EVA I. FLORIDO, VIRGINIA CARIAS, WILLIAM D. DORONELA, ELSA MENGOLIO, FEDELINA AMENGYAO, REBECCA REBAMBA, MELANI CADAG, SOFRONIA SABORDO, MYRNA SANTIAGO, JOSELYNDA MANALANZAN, NORA I. REBUZANO, NATIVIDAD PLACIDO, ALGERICO L. GAEGUERA, RUBEN G. ACEBEDO, MARGIE M. VALDEZ, HELEN S. BUNI, EMELINDA FERNANDEZ, JULIETA J. AVENGONZA, VIOLETA C. ASIS, CARINA C. CABRERA, EDUARDO M. DILAY, SIMEONA V. ROLEDA, EVELYN SANTO ELEUTERIA A. NOLASCO, TERESA CRUZ, MELBA ABRENICA, BESAME VILLACORTA, ROSALINA HERNANDEZ, VERONICA DOMULOT, LUCIA SOUN, ILUMENADA RONQUILLO, REGINA LOPEZ, AMPARO GREY, HIPOLITO MANDAO, JUAN DELA VEGA, PRESCILIANA LLEMIT, LEBERETA IGNACIO, FRANCISCO VALDEMOR, Petitioners, v. FIL-ESTATE INC., PROPERTIES, Respondent.; G.R. NO. 164660 - THE DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD (DARAB), AGRARIAN REFORM BENEFICIARIES, INC., ET AL., Petitioners, v. KINGSVILLE CONSTRUCTION AND DEVELOPMENT CORP. AND JOHNSON ONG, Respondents.; G.R. NO. 164779 - AGRARIAN REFORM BENEFICIARIES ASSOCIATION (ARBA), VIOLETA BATADHAY, NATIVIDAD PLACIDO, JESUS F. DANAO, EVA I. FLORIDO, VIRGINIA CARIAS, WILLIAM D. DORONELA, ELSA MENGOLIO, ROBERTO ISIP, REBECCA REBAMBA, SOFRONIA SABORDO, MYRNA SANTIAGO, JOSELYNDA MANALANZAN, NORA I. REBUZANO, ALGERICO L. GALQUERA, RUBEN G. ACEBEDO, MARGIE M. VALDEZ, HELEN S. BUNI, JULIETA J. AVENGONZA, VIOLETA C. ASIS, CARINA C. CABRERA, EDUARDO M. DILAY, ELEUTERIA A. NOLASCO, TERESA CRUZ, MELBA ABRENICA, VERONICA DOMULOT, LUCIA SUN, ILUMENADA RONQUILLO AND PRESCILIANA LLEMIT, Petitioners, v. KINGSVILLE CONSTRUCTION AND DEVELOPMENT CORPORATION AND JOHNSONONG, Respondent.

  • G.R. No. 164974, August 05, 2015 - CHARLIE TE, Petitioner, v. HON. AUGUSTO V. BREVA, IN HIS CAPACITY AS THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, 11TH JUDICIAL REGION, BRANCH 10, DAVAO CITY; U R. BAHINTING, IN HIS CAPACITY AS SPECIAL INVESTIGATOR OF THE NATIONAL BUREAU OF INVESTIGATION, SARANGGANI DISTRICT OFFICE; AND PRYCE GASES, INC., Respondents.

  • G.R. No. 211302, August 12, 2015 - PHILIPPINE TRANSMARINE CARRIERS, INC., CARLOS C. SALINAS, AND NORWEGIAN CREW MANAGEMENT A/S, Petitioners, v. CESAR C. PELAGIO, Respondent.

  • G.R. No. 210164, August 18, 2015 - ROMMEL C. ARNADO, Petitioner, v. COMMISSION ON ELECTIONS AND FLORANTE CAPITAN, Respondents.

  • G.R. No. 211649, August 12, 2015 - AQA GLOBAL CONSTRUCTION, INC., Petitioner, v. PLANTERS DEVELOPMENT BANK, Respondent.; G.R. No. 211742 - JE-AN SUPREME BUILDERS AND SALES CORPORATION, Petitioner, v. PLANTERS DEVELOPMENT BANK, Respondent.

  • G.R. No. 203355, August 18, 2015 - LEO R. ROSALES, EDGAR SOLIS JONATHAN G. RANIOLA, LITO FELICIANO, RAYMUNDO DIDAL, JR., NESTOR SALIN, ARNULFO S. ABRIL, RUBEN FLORES, DANTE FERMA AND MELCHOR SELGA, Petitioners, v. NEW A.N.J.H. ENTERPRISES & N.H. OIL MILL CORPORATION, NOEL AWAYAN, MA. FE AWAYAN, BYRON ILAGAN, HEIDI A. ILAGAN AND AVELINO AWAYAN, Respondents.

  • A.M. No. RTJ-14-2383 (Formerly A.M. OCA I.P.I No. 05-2301-RTJ), August 17, 2015 - DR. CORAZON D. PADERANGA, DULCE P. GUIBELONDO, PATRIA P. DIAZ, CARMENCITA P. ORSENO, AND DR. AMOR P. GALON, Complainants, v. HONORABLE RUSTICO D. PADERANGA, IN HIS CAPACITY AS THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 28, IN MAMBAJAO, CAMIGUIN, Respondent.; A.M. No. RTJ-07-2033 (FORMERLY A.M. OCA I.P.I No. 06-2485-RTJ) - PATRIA PADERANGA DIAZ, Complainant, v. HON. RTC JUDGE RUSTICO D. PADERANGA, AS THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 28, IN MAMBAJAO, CAMIGUIN, Respondent.

  • G.R. No. 160924, August 05, 2015 - TERELAY INVESTMENT AND DEVELOPMENT CORPORATION, Petitioner, v. CECILIA TERESITA J. YULO, Respondent.

  • G.R. No. 213286, August 26, 2015 - MAMERTA LOPEZ CLAUDIO, EDUARDO L. CLAUDIO, ASUNCION CLAUDIO-CONTEGINO, ANA CLAUDIO-ISULAT, DOLORES CLAUDIO-MABINI, AND FERMIN L. CLAUDIO, Petitioners, v. SPOUSES FEDERICO AND NORMA SARAZA, Respondent.

  • G.R. No. 200295, August 19, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDGAR BOLO Y FRANCO, Accused-Appellant.

  • G.R. No. 209331, August 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.

  • A.C. No. 6738, August 12, 2015 - GABRIELA CORONEL, Petitioner, v. ATTY. NELSON A. CUNANAN, Respondent.

  • G.R. No. 170671, August 19, 2015 - FILADELFA T. LAUSA, LORETA T. TORRES, PRIMITIVO TUGOT AND ANACLETO T. CADUHAY, Petitioners, v. MAURICIA QUILATON, RODRIGO Q. TUGOT, PURIFICACION T. CODILLA, TEOFRA T. SADAYA, ESTRELLITA T. GALEOS AND ROSITA T. LOPEZ, Respondents.

  • G.R. No. 202322, August 19, 2015 - LIGHT RAIL TRANSIT AUTHORITY, Petitioner, v. ROMULO S. MENDOZA, FRANCISCO S. MERCADO, ROBERTO M. REYES, EDGARDO CRISTOBAL, JR., AND RODOLFO ROMAN, Respondents.

  • G.R. No. 198751, August 19, 2015 - FLOR CAÑAS-MANUEL, Petitioner, v. ANDRES D. EGANO, Respondent.

  • G.R. No. 181111, August 17, 2015 - JACKSON PADIERNOS Y QUEJADA, JACKIE ROXAS Y GERMAN AND ROLANDO MESINA Y JAVATE, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 202645, August 05, 2015 - FORTUNATO R. BARON, MANOLO B. BERSABAL, AND RECTO A. MELENDRES, Petitioners, v. EPE TRANSPORT, INC. AND/OR ERNESTO P. ENRIQUEZ, Respondents.

  • G.R. No. 211263, August 05, 2015 - OKS DESIGNTECH, INC. REPRESENTED BY ZAMBY O. PONGAD, Petitioner, v. MARY JAYNE L. CACCAM, Respondent.

  • G.R. No. 175098, August 26, 2015 - ISMAEL V. CRISOSTOMO, Petitioner, v. MARTIN P. VICTORIA, Respondent.

  • A.M. No. CA-15-33-P [Formerly OCA IPI No. 13-207-CA-P], August 24, 2015 - TERESITA R. MARIGOMEN, CLERK OF COURT, COURT OF APPEALS, MANILA, Complainant, v. RONELO G. LABAR, DRIVER, MAILING AND DELIVERY SECTION, COURT OF APPEALS, CEBU STATION, Respondent.

  • G.R. No. 168157, August 19, 2015 - HILARIO P. SORIANO, Petitioner, v. DEPUTY OMBUDSMAN FOR LUZON VICTOR C. FERNANDEZ, FLORIZA A. BRIONES, GRAFT INVESTIGATION AND PROSECUTION OFFICER II, DONNA B. PASCUAL, GRAFT INVESTIGATION AND PROSECUTION OFFICER II, AND ATTY. ADONIS C. CLEOFE, Respondents.

  • G.R. No. 200841-42, August 26, 2015 - CE LUZON GEOTHERMAL POWER COMPANY, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 171582, August 19, 2015 - ALBERTO T. LASALA, PREVIOUSLY DOING BUSINESS UNDER THE STYLE PSF SECURITY AGENCY, Petitioner, v. THE NATIONAL FOOD AUTHORITY, Respondent.

  • G.R. No. 169343, August 05, 2015 - SAN MIGUEL PROPERTIES, INC., Petitioner, v. BF HOMES, INC., Respondent.

  • G.R. No. 166102, August 05, 2015 - MANILA ELECTRIC COMPANY, Petitioner, v. THE CITY ASSESSOR AND CITY TREASURER OF LUCENA CITY, Respondents.

  • A.M. No. 99-7-01-SC, August 18, 2015 - RE: REQUEST OF RETIRED SUPREME COURT AND COURT OF APPEALS JUSTICES FOR INCREASE/ADJUSTMENT OF THEIR DECEMBER 1998 PENSIONS

  • A.M. No. RTJ-15-2439 (Formerly: OCA I.P.I. No. 12-3989-RTJ), August 26, 2015 - ARIEL "AGA" MUHLACH, Complainant, v. EXECUTIVE JUDGE MA. ANGELA ACOMPAÑADO-ARROYO, REGIONAL TRIAL COURT, SAN JOSE CITY, CAMARINES SUR, Respondent.

  • G.R. No. 169385, August 26, 2015 - TEOFILO GIANGAN, SANTOS BONTIA (DECEASED), AND LIBERATO DUMAIL (DECEASED), Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 205722, August 19, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, Petitioners, v. LEGAL HEIRS OF JOSE L. AFRICA, Respondents.

  • G.R. No. 169710, August 19, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. JOSE ALBERTO ALBA, REPRESENTED BY HIS ATTORNEY-IN-FACT, MANUEL C. BLANCO, JR., Respondent.

  • G.R. No. 162692, August 26, 2015 - NILO V. CHIPONGIAN, Petitioner, v. VICTORIA BENITEZ-LIRIO, FEODOR BENITEZ AGUILAR, AND THE COURT OF APPEALS, Respondents.

  • G.R. No. 206032, August 19, 2015 - JOSE RUDY L. BAUTISTA, Petitioner, v. ELBURG SHIPMANAGEMENT PHILIPPINES, INC., AUGUSTEA SHIPMANAGEMENT ITALY, AND/OR CAPTAIN ANTONIO S. NOMBRADO, Respondents.

  • G.R. No. 208354, August 26, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RICARDO BACUS, Accused-Appellant.

  • G.R. No. 168258, August 17, 2015 - RICARDO V. QUINTOS, Petitioner, v. DEVELOPMENT BANK OF THE PHILIPPINES AND PHILIPPINE NATIONAL BANK, Respondents.

  • G.R. No. 181111, August 17, 2015 - JACKSON PADIERNOS Y QUEJADA, JACKIE ROXAS Y GERMAN AND ROLANDO MESINA Y JAVATE, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 202645, August 05, 2015 - FORTUNATO R. BARON, MANOLO B. BERSABAL, AND RECTO A. MELENDRES, Petitioners, v. EPE TRANSPORT, INC. AND/OR ERNESTO P. ENRIQUEZ, Respondents.

  • G.R. No. 175098, August 26, 2015 - ISMAEL V. CRISOSTOMO, Petitioner, v. MARTIN P. VICTORIA, Respondent.

  • G.R. No. 211263, August 05, 2015 - OKS DESIGNTECH, INC. REPRESENTED BY ZAMBY O. PONGAD, Petitioner, v. MARY JAYNE L. CACCAM, Respondent.

  • A.M. No. CA-15-33-P [Formerly OCA IPI No. 13-207-CA-P], August 24, 2015 - TERESITA R. MARIGOMEN, CLERK OF COURT, COURT OF APPEALS, MANILA, Complainant, v. RONELO G. LABAR, DRIVER, MAILING AND DELIVERY SECTION, COURT OF APPEALS, CEBU STATION, Respondent.

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    G.R. No. 183869, August 03, 2015 - LEONARDO L. VILLALON, Petitioner, v. RENATO E. LIRIO, Respondent.

      G.R. No. 183869, August 03, 2015 - LEONARDO L. VILLALON, Petitioner, v. RENATO E. LIRIO, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    G.R. No. 183869, August 03, 2015

    LEONARDO L. VILLALON, Petitioner, v. RENATO E. LIRIO, Respondent.

    D E C I S I O N

    BRION, J.:

    This appeal by certiorari1 assails the March 31, 2008 Decision2 and the July 21, 2008 Resolution3 of the Court of Appeals (CA) in CA-G.R. No. SP No. 94154.

    The CA reversed and set aside the October 17, 20054 and February 14, 20065 Orders of the Regional Trial Court (RTQ,6 which dismissed the complaint7 filed by respondent Renato E. Lirio (Lirio) against petitioner Leonardo L. Villalon (Villalon).

    The Factual Antecedents

    Lirio and Semicon Integrated Electronics Corporation (Semicon) entered into a contract of lease8 covering Lirio's properties9 in Pasig City. Villalon, who was then Semicon's president and chairman of the board, represented the lessee corporation in the lease contract.

    Prior to the expiration of the lease, Semicon terminated the contract and allegedly left unpaid rentals, damages, and interest. Lirio demanded payment but Semicon and Villalon failed to pay.10redarclaw

    As a result, Lirio filed on May 17, 2005 a complaint for sum of money with prayer for preliminary attachment against Semicon and Villalon.11redarclaw

    In his complaint, Lirio alleged that Semicon and Villalon unjustly pre-terminated the lease and failed to pay the unpaid rentals despite demand. In praying for the issuance of a preliminary attachment, Lirio claimed that Villalon fraudulently and surreptitiously removed Semicon's equipment, merchandise, and other effects from the leased premises, preventing him to exercise his right, among others, to take inventories of these effects, merchandise, and equipment.12redarclaw

    In response, Villalon filed a motion to dismiss13 on the ground that the complaint failed to state a cause of action against him. He argued that he is not a real party-in-interest in the action as he is merely an officer of Semicon. Villalon further contended that there was no competent allegation in the complaint about any supposed wrongdoing on his part to warrant his inclusion as a party defendant.

    The Ruling of the Regional Trial Court

    The RTC granted Villalon's motion to dismiss. It held that under the theory of separate corporate entity, the action should be limited against Semicon, the lessee; it cannot be expanded against Villalon, a mere corporate officer.

    The RTC concluded that the allegations clearly showed that the collection of unpaid rentals and damages arose from the alleged breach of the lease contract executed and entered into by Lirio and Semicon, and that the conflict was between Lirio and Semicon only and did not include Villalon.

    The RTC denied Lirio's motion for reconsideration.

    Lirio responded to the grant of the motion to dismiss and the denial of reconsideration with the CA, by filing a petition for certiorari under Rule 65 of the Rules of Court.

    The Ruling of the Court of Appeals

    The CA nullified the RTC's dismissal order and ruled that the RTC gravely abused its discretion.

    It held that the RTC completely ignored the fact that the case "might possibly" and properly call for the application of the doctrine of piercing the veil of corporate entity. Further, the CA found that Villalon "played an active role in removing and transferring Semicon's merchandise, chattels and equipment from the leased premises. This deprived Lirio of his preferred lien over the said merchandise, chattels, and equipment for the satisfaction of Semicon's obligation under the lease contract."

    The dispositive portion of the CA decision reads:LawlibraryofCRAlaw

    "WHEREFORE, premises considered, the instant petition is GRANTED, the assailed ORDER of the Regional Trial Court, Branch 157, Pasig City dated 17 October 2005 is NULLIFIED."

    The CA denied Villalon's motion for reconsideration; thus, he came to us for relief via the present petition.

    The Petition14

    Villalon claims that the CA erred in giving due course to Lirio's petition for certiorari considering that appeal became available after the RTC dismissed the complaint.

    Villalon asserts that an order granting a motion to dismiss is final and appealable. He argues that a petition for certiorari under Rule 65 of the Rules of Court prospers only when there is neither appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law.

    Thus, Villalon insists that Lirio should have appealed the order of dismissal since a petition for certiorari is not a substitute for a lost appeal. Moreover, Villalon notes that Lirio failed to show how an appeal could have been inadequate.

    Villalon further posits that the RTC did not gravely abuse its discretion, even assuming that certiorari was proper.  He avers that the trial court properly dismissed the complaint because the allegations failed to show a cause of action against him.

    Villalon likewise alleges that the CA erred when, in order to apply the doctrine of piercing the veil of corporate entity, it had to add allegations not found in the complaint.

    The Respondent's Case15 

    Lirio argues that certiorari is allowed even if appeal is available where appeal does not constitute a speedy and adequate remedy.

    Although Lirio agrees that he could have appealed the RTC's order dismissing the complaint against Villalon, he contends that appeal was not speedy and adequate because the RTC gravely abused its discretion when it whimsically and arbitrarily ignored existing doctrines on piercing the veil of corporate fiction.

    Lirio insists that Villalon had a role in the surreptitious and fraudulent removal of Semicon's merchandise, effects, and various equipment from the leased premises and their transfer to another location, which deprived him of his preferred lien over the said merchandise, effects, and equipment.

    Lirio further argues that there is a sufficient cause of action to hold Villalon personally liable for Semicon's liability because the allegations of fraud and evasion of contractual obligations were clearly spelled out in the complaint.

    The Issues

    Based on the foregoing, we resolve: (1) whether the petition for certiorari to the CA was the proper remedy; and (2) whether the complaint failed to state a cause of action against Villalon.

    The Court's Ruling

    We grant the petition.

    Specifically, we rule that (1) Lirio's resort to certiorari with the CA was improper; and (2) the complaint failed to state a cause of action.

    A petition for certiorari is not
    a substitute for a lost appeal.


    This Court has repeatedly held that a special civil action for certiorari under Rule 65 is proper only when there is neither appeal, nor plain, speedy, and adequate remedy in the ordinary course of law.  The extraordinary remedy of certiorari is not a substitute for a lost appeal; it is not allowed when a party to a case fails to appeal a judgment to the proper forum, especially if one's own negligence or error in one's choice of remedy occasioned such loss or lapse.16redarclaw

    In Madrigal Transport Inc. v. Lapanday Holdings Corporation,17 we ruled that because an appeal was available to the aggrieved party, the action for certiorari would not be entertained. We emphasized in that case that the remedies of appeal and certiorari are mutually exclusive, not alternative or successive. Where an appeal is available, certiorari will not prosper, even if the ground is grave abuse of discretion.

    In Cathay Pacific Steel Corporation v. Court of Appeals,18 we held that even if, in the greater interest of substantial justice, certiorari may be availed of, it must be shown that the [lower court] acted with grave abuse of discretion amounting to lack or excess of jurisdiction. The court must have exercised its powers in an arbitrary or despotic manner by reason of passion or personal hostility, so patent and gross as to amount to an evasion or virtual refusal to perform the duty enjoined or to act in contemplation of law.

    In the present case, Lirio failed to satisfactorily explain why he did not appeal the dismissal order although he admitted that he could have done so. Neither did he claim that he was prevented, legally or physically, from appealing.

    Strikingly, Lirio did nothing during the period within which he should have filed an appeal. While he admits that he could have appealed the dismissal to the CA, he insists that appeal could not have been speedy and adequate because the RTC gravely abused its discretion. Lirio cites the case of Luna v. Court of Appeals19 to justify his resort to certiorari despite the availability of appeal.

    We find no merit in Lirio's argument.

    The case of Luna involved a suit for damages filed against an airline company by passengers whose baggage was undelivered at the designated time and place. In this case, the liability of the airline company was established as the airline company impliedly admitted that it failed to duly deliver the passengers' baggage.

    We held that since the passengers suffered an injury for which compensation was due, the airline company could not be allowed to escape liability by arguing that the trial court's orders had attained finality due to the passengers' failure to move for reconsideration or to file a timely appeal.20redarclaw

    In Luna, we allowed the occasional departure from the general rule that the extraordinary writ of certiorari cannot substitute for a lost appeal only because the rigid application of the rule would have resulted in injustice to the passengers.21redarclaw

    We find no basis to relax the rules of procedure in the present case.

    While it is true that liberal application of the rules of procedure is allowed to avoid manifest failure or miscarriage of justice, it is equally true that a party invoking liberality must explain his failure to abide by the rules.22redarclaw

    To reiterate, Lirio failed to explain why he did not appeal the dismissal order while admitting that he could have done so. Rather, he clung to his argument that he had correctly filed a petition for certiorari because of the alleged grave abuse of discretion on the part of the RTC.

    Lirio's reasoning is faulty.

    We do not see why appeal could not have been speedy and adequate. As admitted by Lirio himself, he received the RTC's final dismissal order on February 24, 2006,23 yet, he waited for two months before he took action by filing the petition for certiorari on April 20, 2006.24redarclaw

    Indeed, if speed had been Lirio's concern, he should have appealed within fifteen days from his receipt of the final order denying his motion for reconsideration, and not waited for two months before taking action.25 Moreover, an appeal would have adequately resolved his claim that the RTC erred in dismissing his complaint against Villalon, an order granting a motion to dismiss being final and appealable.

    Further, we are not convinced that Lirio filed the petition for certiorari because the RTC allegedly gravely abused its discretion. The more tenable explanation for his wrong choice of remedy is that the period to appeal simply lapsed without an appeal having been filed.

    Having lost his right to appeal, Lirio instituted the only remedy that he thought was still available. This is contrary to the basic rule that the remedies of appeal and certiorari are mutually exclusive, not alternative or successive.26redarclaw

    Finally, unlike in Luna where the airline's liability was clearly shown, Villalon's liability arising from his purported fraudulent acts was not established at all. As will be further discussed, the allegations in the complaint failed to particularly state how Villalon committed fraud. For this reason, the RTC could not have resolved whether Villalon could be made personally accountable for Semicon's liabilities.

    For all these reasons, we rule that Lirio's resort to the extraordinary writ of certiorari was improper.

    The complaint failed to state
    a cause of action court.


    Even if we are to relax the rules of procedure and allow certiorari to substitute for the lost appeal, we still grant Villalon's appeal and reverse the CA's decision.

    To recall, Lirio claims that the RTC gravely abused its discretion when it dismissed the complaint against Villalon by "whimsically and arbitrarily ignoring the basic doctrines in piercing the veil of corporate fiction."

    A review of the allegations of the complaint, however, would show that the RTC did not gravely abuse its discretion when it dismissed the complaint.

    Rule 8,27 Section 528 of the Rules of Court requires that in all averments of fraud or mistake, the circumstances constituting fraud or mistake must be stated with particularity, unlike in cases of malice, knowledge, or other conditions of the mind which may be averred generally.

    In Luistro v. Court of Appeals,29 we ruled that the following allegation fell short of the requirement that fraud must be stated with particularity.

    "That sometime in the year of 1997, the consolidator-facilitator of the Defendants FGPC and Balfour by means of fraud and machinations of words were able to convince the plaintiff to enter into 'CONTRACT OF EASEMENT OF RIGHT OF WAY' wherein the latter granted in favor of the defendant FGPC the right to erect [its] Tower No. 98 on the land of the plaintiff situated at Barangay Maigsing Dahilig, Lemery 4209 Batangas including the right to Install Transmission Lines over a portion of the same property for a consideration therein stated, a xerox copy of said contract is hereto attached as ANNEXES "A" up to "A-4" of the complaint;

    That the said contract, (Annexes "A" up to "A-4") was entered into by the plaintiff under the "MISREPRESENTATION, PROMISES, FALSE AND FRAUDULENT ASSURANCES AND TRICKS" of the defendants."30 [emphasis ours]

    In the present case, the only allegation of fraud in the complaint reads:LawlibraryofCRAlaw

    "With intent to defraud the plaintiff and to prevent the plaintiff from exercising his right [to be constituted or appointed as attorney-in-fact of the defendant with power and authority to cause the premises to be opened, to take inventories of all the defendants' merchandise, effects, furniture, fixtures and/or equipment therein and transfer the same to the plaintiffs bodega], the defendants surreptitiously and fraudulently removed their merchandise, effects, and equipment from the lease premises and transferred them to another location." [emphasis ours]

    Lirio's mere invocation of the words "surreptitiously and fraudulently" does not make the allegation particular without specifying the circumstances of Villalon's commission and employment of fraud, and without delineating why it was fraudulent for him to remove Semicon's properties in the first place.

    The allegation of fraud would have been averred with particularity had Lirio alleged, for example, that Villalon removed the equipment under the false pretense that they needed repair and refurbishing but the equipment were never returned; or that Villalon removed the merchandise because Semicon needed to sell them in exchange for new supplies but no new supplies were bought. No such allegation was ever made.

    Thus, the RTC could not have properly ruled on whether there was a need to pierce the veil of corporate entity precisely because the complaint failed to state with particularity how Villalon committed and employed fraud.

    Finally, even if we grant that the allegations of fraud were averred with particularity, the RTC's finding that the complaint failed to state a cause of action against Villalon was only an error of judgment and did not constitute grave abuse of discretion. An error of judgment, which is properly reviewed through an appeal, is not necessarily equivalent to grave abuse of discretion.31redarclaw

    WHEREFORE, in view of the foregoing findings and legal premises, we GRANT the petition and REVERSE and SET ASIDE the March 31, 2008 Decision and July 21, 2008 Resolution of the Court of Appeals.

    SO ORDERED.cralawlawlibrary

    Carpio, (Chairperson), Brion, Bersamin,* Mendoza, and Leonen, JJ., concur.

    Endnotes:


    * Designated as Additional Member in lieu of Associate Justice Mariano C. del Castillo, per Raffle dated October 12, 2009.

    1Rollo, pp. 7-21. The petition is filed under Rule 45 of the Rules of Court..

    2 Id. at 23-28. The decision was penned by Associate Justice Ricardo R. Rosario and concurred in by Associate Justice (now Supreme Court Associate Justice) Mariano C. Del Castillo and Associate Justice Arcangelita Romilla-Lontok of the Thirteenth Division.

    3 Id. at 30-31.

    4 Id at 55-56.

    5 Id. at 55-57.

    6 Id. The Orders were issued by Judge Esperanxa Fabon-Victorino of Branch 157 of the Regional Trial Court, Pasig City, in Civil Case No. 70368.

    7 Id. at 33-39. The complaint is captioned Amended Complaint with Prayer for Preliminary Attachment.

    8 Id. at 40-47. The lease contract dated July 17, 1995, had a term often (10) years from July 15, 1995, to July 14, 2005.

    9 Id. at 8. The properties consist of a three-storey building and a two-storey building in adjacent lots covered by Transfer Certificate of Title Nos. PB-78516 and 18746 located along Marcos Highway, Santolan, Pasig City.

    10 Id. at 48-49.

    11 Id. at 33-39.

    12 Id. at 35-36.

    13 Id. at 50-55.

    14 Id. at 7-21.

    15 Id. at 83-94 and 129-139.

    16NAPOCOR v. Sps. Laohoo, et al, 611 Phil. 194 (2009); Madrigal Transport Inc., v. Lapanday Holdings Corp., 479 Phil. 768 (2004); Sps. Relerla v. Sps. Mores and Lopez, 671 Phil. 346 (2011); Ongsitco v. Court of Appeals, 325 Phil. 1069 (1996); Espinoza v. Provincial Adjudicator, 545 Phil. 535 (2007).

    17 479 Phil. 768, 782 (2004).

    18 531 Phil. 620 (2006).

    19 216 SCR A 107 (1992).

    20 Id. at 111.

    21 Id.

    22 538 Phil. 587 (2006).

    23Rollo, p. 59.

    24 Id. at 58.

    25See RULE 41, SECTION 3, RULES OF COURT.

    26Supra note 17.

    27 Manner of Making Allegations in the Pleading.

    28 Section 5. Fraud, mistake, condition of the mind. — In all averments of fraud or mistake the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent, knowledge, or other condition of the mind of a person may be averred generally

    29 603 Phil. 243 (2009).

    30Rollo, pp. 35-36.

    31 253 Phil. 276 (1989).

    G.R. No. 183869, August 03, 2015 - LEONARDO L. VILLALON, Petitioner, v. RENATO E. LIRIO, Respondent.


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