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Philippine Supreme Court Jurisprudence > Year 2015 > January 2015 Decisions > G.R. Nos. 209655-60, January 14, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PALMY TIBAYAN AND RICO Z. PUERTO, Accused-Appellants.:




G.R. Nos. 209655-60, January 14, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PALMY TIBAYAN AND RICO Z. PUERTO, Accused-Appellants.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

G.R. Nos. 209655-60, January 14, 2015

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PALMY TIBAYAN AND RICO Z. PUERTO, Accused-Appellants.

D E C I S I O N

PERLAS-BERNABE, J.:

Assailed in this ordinary appeal1 filed by accused-appellants Palmy Tibayan (Tibayan) and Rico Z. Puerto (Puerto) (accused-appellants) is the Decision2 dated June 28, 2013 of the Court of Appeals (CA) in CA-G.R. CR Nos. 33063, 33562, 33660, 33660, 33669, 33939, and 34398 which modified the Decisions dated December 4, 2009,3 June 24, 2010,4 August 2, 2010,5August 5, 2010,6 January 21, 2011,7 and August 18, 20118 of the Regional Trial Court of Las Pi�as City, Branch 198 (RTC)and convicted accused-appellants of the crime of Syndicated Estafa, defined and penalized under Item 2 (a), Paragraph 4, Article 315 of the Revised Penal Code (RPC) in relation to Presidential Decree No. (PD) 1689.9chanRoblesvirtualLawlibrary

The Facts

Tibayan Group Investment Company, Inc. (TGICI) is is an open-end investment company registered with the Securities and Exchange Commission (SEC) on September 21, 2001.10 Sometime in 2002, the SEC conducted an investigation on TGICI and its subsidiaries.In the course thereof, it discovered that TGICI was selling securities to the public without a registration statement in violation of Republic Act No. 8799, otherwise known as �The Securities Regulation Code,� and that TGICI submitted a fraudulent Treasurer�s Affidavit before the SEC. Resultantly, on October 21, 2003, the SEC revoked TGICI�s corporate registration for being fraudulently procured.11chanRoblesvirtualLawlibrary

The foregoing led to the filing of multiple criminal cases12 for Syndicated Estafa against the incorporators and directors of TGICI,13 namely, Jesus Tibayan, Ezekiel D. Martinez, Liborio E. Elacio, Jimmy C. Catigan, Nelda B. Baran, and herein accused-appellants.14 Consequently, warrants of arrest were issued against all of them; however, only accused-appellants were arrested, while the others remained at large.15chanRoblesvirtualLawlibrary

According to the prosecution, private complainants Hector H. Alvarez, Milagros Alvarez, Clarita P. Gacayan, Irma T. Ador, Emelyn Gomez, Yolanda Zimmer, Nonito Garlan, Judy C. Rillon, Leonida D. Jarina, Reynaldo A. Dacon, Cristina Dela Pe�a, and Rodney E. Villareal16 (private complainants) were enticed to invest in TGICI due to the offer of high interest rates, as well as the assurance that they will recover their investments. After giving their money to TGICI, private complainants received a Certificate of Share and post-dated checks, representing the amount of the principal investment and the monthly interest earnings, respectively.17 Upon encashment, the checks were dishonored,as the account was already closed, prompting private complainants to bring the bounced checks to the TGICI office to demand payment. At the office, the TGICI employees took the said checks, gave private complainants acknowledgement receipts, and reassured that their investments, as well as the interests, would be paid. However, the TGICI office closed down without private complainants having been paid and, thus, they were constrained to file criminal complaints against the incorporators and directors of TGICI.18chanRoblesvirtualLawlibrary

In their defense, accused-appellants denied having conspired with the other TGICI incorporators to defraud private complainants. Particularly, Puerto claimed that his signature in the Articles of Incorporation of TGICI was forged and that since January 2002,he was no longer a director of TGICI. For her part, Tibayan also claimed that her signature in the TGICI�s Articles of Incorporation was a forgery, as she was neither an incorporator nor a director of TGICI.19chanRoblesvirtualLawlibrary

The RTC Rulings

On various dates, the RTC issued six (6) separate decisions convicting Tibayan of 13 counts and Puerto of 11 counts of Estafa under Item 2 (a), Paragraph 4, Article 315 of the RPC in relation to PD 1689, to wit: (a) in a Joint Decision20 dated December 4, 2009, the RTC found accused-appellants guilty beyond reasonable doubt of three (3) counts of Estafa, sentencing them to suffer the penalty of imprisonment for a period of 20 years of reclusion temporal for each count, and ordering them to pay the amounts of P1,500,000.00, to Hector H. Alvarez, and P119,405.23 and P800,000.00 to Milagros Alvarez;21; (b) in a Joint Decision22 dated June 24, 2010, the RTC acquitted Puerto of all the charges, but found Tibayan guilty beyond reasonable doubt of two (2) counts of Estafa, sentencing her to suffer the penalty of imprisonment for a period of 20 years of reclusion temporal for each count, and ordering her to pay the amounts of P1,300,000.00 and US$12,000.00 to Clarita P. Gacayan and P500,000.00 to Irma T. Ador;23; (c) in a Joint Decision24 dated August 2, 2010, the accused-appellants were found guilty beyond reasonable doubt of two (2) counts of Estafa, and were sentenced to suffer the penalty of imprisonment for a period of 20 years of reclusion temporal for each count, and ordered to pay the amounts of P1,000,000.00 to Yolanda Zimmer and P556,376.00 to Nonito Garlan;25;(d) in a Joint Decision26 dated August 5, 2010, the RTC found the accused-appellants guilty beyond reasonable doubt of one (1) count of Estafa, sentencing them to suffer the penalty of imprisonment for a period of 20 years of reclusion temporal, and ordering them to pay Emelyn Gomez the amount of P250,000.00;27; (e) in a Decision28 dated January 21, 2011, accused-appellants were found guilty beyond reasonable doubt of one (1) count of Estafa each, and were sentenced to suffer the penalty of imprisonment for a period of 20 years of reclusion temporal, and ordered to pay Judy C. Rillon the amount of P118,000.00;29; and (f) in a� Joint Decision30 dated August 18, 2011, accused-appellants were each convicted of four (4) counts of Estafa, and meted different penalties per count, as follows: (i) for the first count, they were sentenced to suffer the penalty of imprisonment for a period of four (4) years and two (2) months of prision correcional medium, as minimum, to fifteen (15) years of reclusion temporal medium, as maximum, and to pay Reynaldo A. Dacon the amount of P100,000.00; to;(ii) for the second count, they were sentenced to suffer the penalty of imprisonment for a period of ten (10) years of prision mayor medium, as minimum, to twenty (20) years of reclusion temporal medium, as maximum, and to pay Leonida D. Jarina the amount of P200,000.00; (iii) for the third count, they were sentenced to suffer the penalty of imprisonment for a period of ten (10) years of prision mayor medium, as minimum, to twenty (20) years of reclusion temporal medium, as maximum, and to pay Cristina Dela Pe�a the amount of P250,000.00; and (iv) for the last count, they were sentenced to suffer the penalty of imprisonment for a period of four (4) years and two (2) months of prision correcional medium, as minimum, to fifteen (15) years of reclusion temporal medium, as maximum, and to pay Rodney E. Villareal the amount of P100,000.00.31.

In the aforesaid decisions, the RTC did not lend credence to accused-appellants� denials in light of the positive testimonies of the private complainants that they invested their money in TGICI because of the assurances from accused-appellants and the other directors/incorporators of TGICI that their investments would yield very profitable returns. In this relation, the RTC found that accused-appellants conspired with the other directors/incorporators of TGICI in misrepresenting the company as a legitimate corporation duly registered to operate as a mutual fund, to the detriment of the private complainants.32 However, the RTC convicted accused-appellants of simple Estafa only, as the prosecution failed to allege in the informations that accused-appellants and the other directors/ incorporators formed a syndicate with the intention of defrauding the public, or it failed to adduce documentary evidence substantiating its claims that the accused-appellants committed Syndicated Estafa.33chanRoblesvirtualLawlibrary

Aggrieved, accused-appellants separately appealed the foregoing RTC Decisions to the CA, docketed as CA-G.R. CR Nos. 33063, 33562, 336609, 336690, 33939, and 34398. Thereafter, the CA issued a Resolution34 dated February 19, 2013 ordering the consolidation of accused-appellants� appeals.cralawred

The CA Ruling

In a Decision35 dated June 28, 2013, the CA modified accused-appellants� conviction to that of Syndicated Estafa, and accordingly, increased their respective penalties to life imprisonment for each count.36 The CA also increased the amount of actual damages awarded to private complainant Clarita P. Gacayan from P1,300,000.00 to P1,530,625.90, apart from the award of US$12,000.00.37chanRoblesvirtualLawlibrary

It held that TGICI and its subsidiaries were engaged in a Ponzi scheme which relied on subsequent investors to pay its earlier investors � and is what PD 1689 precisely aims to punish. Inevitably, TGICI could no longer hoodwink new investors that led to its collapse.38Thus, the CA concluded that as incorporators/directors of TGICI, accused-appellants and their cohorts conspired in making TGICI a vehicle for the perpetuation of fraud against the unsuspecting public.. As such, they cannot hide behind the corporate veil and must be personally and criminally liable for their acts.39 The CA then concluded that since the TGICI incorporators/directors comprised more than five (5) persons, accused-appellants� criminal liability should be upgraded to that of Syndicated Estafa, and their respective penalties increased accordingly.40chanRoblesvirtualLawlibrary

Undaunted, accused-appellants filed the instant appeal.cralawred

The Issue Before the Court

The primordial issue for the Court�s resolution is whether or not accused-appellants are guilty beyond reasonable doubt of the crime of Syndicated Estafa defined and penalized under Item 2 (a), Paragraph 4, Article 315 of the RPC in relation to PD 1689.cralawred

The Court�s Ruling

The Court sustains the convictions of accused-appellants.

Item 2 (a), Paragraph 4, Article 315 of the RPC provides:chanroblesvirtuallawlibrary

Art. 315. Swindling (estafa). � Any person who shall defraud another by any means mentioned herein below shall be punished by:

x x x x
  1. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:

    (a) By using a fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business, or imaginary transactions; or by means of other similar deceits.

    x x x x

The elements of Estafa by means of deceit under this provision are the following: (a) that there must be a false pretense or fraudulent representation as to his power, influence, qualifications, property, credit, agency, business or imaginary transactions; (b) that such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud; (c) that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property; and (d) that, as a result thereof, the offended party suffered damage.41chanRoblesvirtualLawlibrary

In relation thereto, Section 1 of PD 1689 defines Syndicated Estafa as follows:chanroblesvirtuallawlibrary

Section 1. Any person or persons who shall commit estafa or other forms of swindling as defined in Articles 315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the misappropriation of moneys contributed by stockholders, or members of rural banks, cooperatives, �samahang nayon(s),� or farmers� associations, or funds solicited by corporations/associations from the general public.

Thus, the elements of Syndicated Estafa are: (a) Estafa or other forms of swindling, as defined in Articles 315 and 316 of the RPC,, is committed; (b) the Estafa or swindling is committed by a syndicate of five (5) or more persons; and (c) defraudation results in the misappropriation of moneys contributed by stockholders, or members of rural banks, cooperative, �samahang nayon(s),� or farmers� associations, or of funds solicited by corporations/associations from the general public.42chanRoblesvirtualLawlibrary

In this case, a judicious review of the records reveals TGICI�s modus operandi of inducing the public to invest in it on the undertaking that their investment would be returned with a very high monthly interest rate ranging from three to five and a half percent (3%-5.5%).43 Under such lucrative promise, the investing public are enticed to infuse funds into TGICI. However, as the directors/incorporators of TGICI knew from the start that TGICI is operating without any paid-up capital and has no clear trade by which it can pay the assured profits to its investors,44 they cannot comply with their guarantee and had to simply abscond with their investors� money. Thus, the CA correctly held that accused-appellants, along with the other accused who are still at large, used TGICI to engage in a Ponzi scheme, resulting in the defraudation of the TGICI investors.

To be sure, a Ponzi scheme is a type of investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors. Its organizers often solicit new investors by promising to invest funds in opportunities claimed to generate high returns with little or no risk. In many Ponzi schemes, the perpetrators focus on attracting new money to make promised payments to earlier-stage investors to create the false appearance that investors are profiting from a legitimate business.45� It is not an investment strategy but a gullibility scheme, which works only as long as there is an ever increasing number of new investors joining the scheme.46 It is difficult to sustain the scheme over a long period of time because the operator needs an ever larger pool of later investors to continue paying the promised profits to early investors. The idea behind this type of swindle is that the �con-man� collects his money from his second or third round of investors and then absconds before anyone else shows up to collect. Necessarily, Ponzi schemes only last weeks, or months at the most.47chanRoblesvirtualLawlibrary

In this light, it is clearthat all the elements of Syndicated Estafa, committed through a Ponzi scheme,are present in this case, considering that: (a) the incorporators/directors of TGICI comprising more than five (5) people, including herein accused-appellants,, made false pretenses and representations to the investing public � in this case,the private complainants � regarding a supposed lucrative investment opportunity with TGICI in order to solicit money from them; (b) the said false pretenses and representations were made prior to or simultaneous with the commission of fraud; (c) relying on the same, private complainants invested their hard earned money into TGICI; and (d) the incorporators/directors of TGICI ended up running away with the private complainants� investments, obviously to the latter�s prejudice.

Corollary thereto, the CA correctly upgraded accused-appellants� conviction from simple Estafa to Syndicated Estafa. In a criminal case, an appeal throws the whole case wide open for review. Issues whether raised or not by the parties may be resolved by the appellate court.48 Hence, accused-appellants� appeal conferred upon the appellate court full jurisdiction and rendered it competent to examine the records, revise the judgment appealed from, increase the penalty, and cite the proper provision of the penal law.49chanRoblesvirtualLawlibrarychanrobleslaw

WHEREFORE, the appeal is DENIED. The Decision dated June 28, 2013 of the Court of Appeals in CA-G.R. CR Nos. 33063, 33562, 33660, 33669, 33939, and 34398 is hereby AFFIRMED. Accordingly, accused-appellants Palmy Tibayan and Rico Z. Puerto are found GUILTY beyond reasonable doubt of 13 and 11 counts, respectively, of Syndicated Estafa and are sentenced to suffer the penalty of life imprisonment for each count. Accused-appellants are further ordered to pay actual damages to each of the private complainants in the following amounts: (a) P1,500,000.00 to Hector H. Alvarez; (b) P119,405.23 and P800,000.00 to Milagros Alvarez; (c) P1,530,625.90 and US$12,000.00 to Clarita P. Gacayan; (d) P500,000.00 to Irma T. Ador; (e) P1,000,000.00 to Yolanda Zimmer; (f) P556,376.00 to NonitoGarlan; (g) P250,000.00 to Emelyn Gomez; (h) P118,000.00 to Judy C. Rillon; (i) P100,000.00 to Reynaldo A. Dacon; (j) P200,000.00 to Leonida D. Jarina; (k) P250,000.00 to CristinaDela Pe�a; and (l) P100,000.00 to Rodney E. Villareal.

SO ORDERED.cralawlawlibrary

Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Perez, JJ., concur.

Endnotes:


1 See Notice of Appeal Notice of Appeal dated July 10, 2013; rollo, pp. 24-25.

2Rollo, pp. Id. at 3-23. Penned by Associate Justice Mario V. Lopez, with Associate Justices Jose C. Reyes, Jr., and Socorro B. Inting, concurring.

3 See Joint Decision in Crim. Case Nos. 04-0391, 06-0042, and 06-0045 penned by Judge Erlinda Nicolas-Alvaro; CA rollo (CA-G.R. CR No. 33063), pp. 39-50.

4 See Joint Decision in Crim. Case Nos. 04-0619, 04-0622, 04-0627, 04-0635, and 04-0636; CA rollo (CA-G.R. CR No. 33562), pp. 28-42.

5 See Joint Decision in Crim. Case Nos. 05-0710, 05-0779, 05-0784, 05-0803, and 05-0809; CA rollo (CA-G.R. CR No. 33669), pp. 29-41.

6 See Joint Decision in Crim. Case Nos. 04-0070, 04-0085, 04-0125, 04-0330, 04-0441, and 04-0714; CA rollo (CA-G.R. CR No. 33660), pp. 20-32.

7 See Decision in Crim. Case No. 04-1028; CA rollo (CA-G.R. CR No. 33939), pp. 25-32.

8 See Joint Decision in Crim. Case Nos. 04-0570, 04-0567, 04-0598, and 04-0613; CA rollo (CA-G.R. CR No. 34398), pp. 41-53.

9 Entitled �INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR ESTAFA.� (April 6, 1980).

10Rollo, pp. 4-5.

11 See id. at 5. Rollo, pp. 4-5.

12 The criminal cases were ultimately decided in six (6) separate RTC Decisions, as follows: (a) the 1st RTC Decision covered Crim. Case Nos. 04-0391, 06-0042, and 06-0045; (b) the 2nd RTC Decision covered Crim. Case Nos. 04-0619, 04-0622, 04-0627, 04-0635, and 04-0636; (c) the 3rd RTC Decision covered Crim. Case Nos. 05-0710, 05-0779, 05-0784, 05-0803, and 05-0809; (d) the 4th RTC Decision covered Crim. Case Nos. 04-0070, 04-0085, 04-0125, 04-0330, 04-0441, 04-0714; (e) the 5th RTC Decision covered Crim. Case No. 04-1028; and (f) the 6th RTC Decision covered Crim. Case Nos. 04-0570, 04-0567, 04-0598, and 04-0613.

13 Rollo, p. 6.

14 Id. at 5 Rollo, p. 6.

15 Id. at 7.

16 Id. at 6.

17 Id. at 7.

18 Id.

19 Id. at 9-9-10.

20 CA rollo (CA-G.R. CR No. 33063), pp. 39-50. Penned by Judge Erlinda Nicolas-Alvaro.

21 Id at 50.�P119,000.23� in some parts of the records.

22 CA rollo (CA-G.R. CR No. 33562), pp. 28-42. Penned by Judge Erlinda Nicolas-Alvaro.

23 Id. at 42.

24 CA rollo (CA-G.R. CR No. 33669), pp. 29-41. Penned by Judge Erlinda Nicolas-Alvaro.

25 Id. at 40.

26 CA rollo (CA-G.R. CR No. 33660), pp. 20-32. Penned by Judge Erlinda Nicolas-Alvaro.

27 Id. at 31.

28 CA rollo (CA-G.R. CR No. 33939), pp. 25-32. Penned by Judge Erlinda Nicolas-Alvaro.

29 Id. at 31.

30 CA rollo (CA-G.R. CR No. 34398), pp. 41-53. Penned by Judge Erlinda Nicolas-Alvaro.

31 Id. at 52.

32 See CA rollo (CA-G.R. CR No. 33063), pp. 48-49; CA rollo (CA-G.R. CR No. 33562), pp. 39-41; CA rollo(CA-G.R. CR No. 33669), pp. 38-40; CA rollo (CA-G.R. CR No. 33660), pp. 28-31; CA rollo (CA-G.R. CR No. 33939), pp. 30-31; and CA rollo (CA-G.R. CR No. 34398), pp.49-51.

33 See CA rollo (CA-G.R. CR No. 33063), pp. 45-50;. CA rollo (CA-G.R. CR No. 33562), pp. 37-41; CA rollo (CA-G.R. CR No. 33669), pp. 38-39;. CA rollo (CA-G.R. CR No. 33660), pp. 28 and p. 26-31;. CA rollo (CA-G.R. CR No. 33669), pp. 36-40. CA rollo (CA-G.R. CR No. 33939), pp. 29-31; and CA rollo (CA-G.R. CR No. 34398), pp. 5147-52.

34 CA rollo (CA-G.R. CRNo. 33063), pp. 140-142.

35Rollo, pp. 3-23.

36 Id. at 21-22.

37 Id. at 22.

38 Id. at 16-17.

39 Id. at 17-18.

40 Id. at 21-2216-22.

41People v. Chua, G.R. No. 187052, September 13, 2012, 680 SCRA 575, 592, citing Sy v. People, G.R. No. 183879, April 14, 2010, 618 SCRA 264, 271.

42Galvez v. CA, G.R. No. 187919, 187979, and 188030, February 20, 2013, 691 SCRA 455, 467.

43 See rollo, p. 7.

44 �It has been held that where one states that the future profits or income of an enterprise shall be a certain sum, but he actually knows that there will be none, or that they will be substantially less than he represents, the statements constitute an actionable fraud where the hearer believes him and relies on the statement to his injury.� (People v. Menil, Jr., G.R. No. 115054-66, September 12, 2000, 394 Phil 433, 453 [2000] SCRA, , citing People v. Balasa, G.R. Nos. 106357 & 108601-02, September 3, 1998, 295 SCRA 49, 356 Phil. 362, 387 [1998].)

45 United States Securities and Exchange Commission, Ponzi Schemes. (visited December 19 September 26, 2014).

46People v. Romero, citing People v. Balasa, supra note 44, at 388-389.

47People v. Menil, supra note 44, at 455, citing People v. Balasa, id.

48Eusebio-Calderon v. People, October 21, 2004, 484 Phil 87, 98 (2004).

49 Id.



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  • G.R. No. 197011, January 28, 2015 - ESSENCIA Q. MANARPIIS, Petitioner, v. TEXAN PHILIPPINES, INC., RICHARD TAN AND CATHERINE P. RIALUBIN-TAN, Respondent.

  • G.R. No. 206562, January 21, 2015 - UNICOL MANAGEMENT SERVICES, INC., LINK MARINE PTE. LTD. AND/OR VICTORIANO B. TIROL, III, Petitioners, v. DELIA MALIPOT, IN BEHALF OF GLICERIO MALIPOT, Respondent.

  • G.R. No. 192406, January 21, 2015 - ONE SHIPPING CORP., AND/OR ONE SHIPPING KABUSHIKI KAISHA/JAPAN, Petitioner, v. IMELDA C. PE�AFIEL, Respondent.

  • G.R. No. 208790, January 21, 2015 - GLENN VI�AS, Petitioner, v. MARY GRACE PAREL-VI�AS, Respondent.

  • G.R. No. 205728, January 21, 2015 - THE DIOCESE OF BACOLOD, REPRESENTED BY THE MOST REV. BISHOP VICENTE M. NAVARRA AND THE BISHOP HIMSELF IN HIS PERSONAL CAPACITY, Petitioners, v. COMMISSION ON ELECTIONS AND THE ELECTION OFFICER OF BACOLOD CITY, ATTY. MAVIL V. MAJARUCON, Respondents.

  • G.R. No. 190912, January 12, 2015 - GARY FANTASTICO AND ROLANDO VILLANUEVA, Petitioners, v. ELPIDIO MALICSE, SR. AND PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 204702, January 14, 2015 - RICARDO C. HONRADO, Petitioner, v. GMA NETWORK FILMS, INC., Respondent.

  • G.R. No. 178169, January 12, 2015 - NFF INDUSTRIAL CORPORATION, Petitioner, v. G & L ASSOCIATED BROKERAGE AND/OR GERARDO TRINIDAD, Respondent.

  • G.R. No. 204444, January 14, 2015 - VIRGILIO C. BRIONES, Petitioner, v. COURT OF APPEALS AND CASH ASIA CREDIT CORPORATION, Respondents.

  • G.R. No. 213525, January 27, 2015 - FORTUNE LIFE INSURANCE COMPANY, INC., Petitioner, v. COMMISSION ON AUDIT (COA) PROPER; COA REGIONAL OFFICE NO. VI-WESTERN VISAYAS; AUDIT GROUP LGS-B, PROVINCE OF ANTIQUE; AND PROVINCIAL GOVERNMENT OF ANTIQUE, Respondents.

  • G.R. No. 210760, January 26, 2015 - KYLE ANTHONY ZABALA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. Nos. 183152-54, January 21, 2015 - REYNALDO H. JAYLO, WILLIAM VALENZONA AND ANTONIO G. HABALO, Petitioners, v. SANDIGANBAYAN (FIRST DIVISION), PEOPLE OF THE PHILIPPINES AND HEIRS OF COL. ROLANDO DE GUZMAN, FRANCO CALANOG AND AVELINO MANGUERA, Respondents.

  • G.R. No. 187226, January 28, 2015 - CHERYLL SANTOS LEUS, Petitioner, v. ST. SCHOLASTICA�S COLLEGE WESTGROVE AND/OR SR. EDNA QUIAMBAO, OSB, Respondents.

  • G.R. No. 191470, January 26, 2015 - AUGUSTO M. AQUINO, Petitioner, v. HON. ISMAEL P. CASABAR, AS PRESIDING JUDGE REGIONAL TRIAL COURT-GUIMBA, NUEVA ECIJA, BRANCH 33 AND MA. ALA F. DOMINGO AND MARGARITA IRENE F. DOMINGO, SUBSTITUTING HEIRS OF THE DECEASED ANGEL T. DOMINGO, Respondents.

  • G.R. No. 193468, January 28, 2015 - AL O. EYANA, Petitioner, v. PHILIPPINE TRANSMARINE CARRIERS, INC., ALAIN A. GARILLOS, CELEBRITY CRUISES, INC. (U.S.A.), Respondents.

  • G.R. No. 189571, January 21, 2015 - THE HONORABLE MONETARY BOARD AND GAIL U. FULE, DIRECTOR, SUPERVISION AND EXAMINATION DEPARTMENT II, AND BANGKO SENTRAL NG PILIPINAS, Petitioners, v. PHILIPPINE VETERANS BANK, Respondent.

  • G.R. No. 202837, January 21, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAKIM MINANGA Y DUMANSAL, Accused-Appellant.

  • G.R. No. 194885, January 26, 2015 - C.F. SHARP CREW MANAGEMENT, INC. AND REEDEREI CLAUS PETER OFFEN, Petitioners, v. CLEMENTE M. PEREZ, Respondent.

  • G.R. No. 205433, January 21, 2015 - OFFICE OF THE OMBUDSMAN, Petitioner, v. AVELINO DE ZOSA AND BARTOLOME DELA CRUZ, Respondents.

  • G.R. No. 204866, January 21, 2015 - RUKS KONSULT AND CONSTRUCTION, Petitioner, v. ADWORLD SIGN AND ADVERTISING CORPORATION* AND TRANSWORLD MEDIA ADS, INC., Respondents.

  • G.R. No. 163928, January 21, 2015 - MANUEL JUSAYAN,ALFREDO JUSAYAN, AND MICHAEL JUSAYAN, Petitioners, v. JORGE SOMBILLA, Respondent.

  • G.R. No. 195272, January 14, 2015 - BANK OF THE PHILIPPINE ISLANDS (FORMERLY PRUDENTIAL BANK), Petitioner, v. SPOUSES DAVID M. CASTRO AND CONSUELO B. CASTRO, Respondents.

  • G.R. No. 176508, January 12, 2015 - SAINT MARY CRUSADE TO ALLEVIATE POVERTY OF BRETHREN FOUNDATION, INC., Petitioner, v. HON. TEODORO T. RIEL, ACTING PRESIDING JUDGE, REGIONAL TRIAL COURT, NATIONAL CAPITAL JUDICIAL REGION, BRANCH 85, QUEZON CITY, Respondent.; UNIVERSITY OF THE PHILIPPINES, Intervenor.

  • G.R. No. 202687, January 14, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JERIC PAVIA Y PALIZA aka �JERIC� AND JUAN BUENDIA Y DELOS REYES aka �JUNE�, Accused-Appellants.

  • G.R. Nos. 193383-84, January 14, 2015 - CBK POWER COMPANY LIMITED, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.; G.R. NOS. 193407-08 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. CBK POWER COMPANY LIMITED, Respondent.

  • G.R. No. 206832, January 21, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALFREDO MORALES Y LAM, Accused-Appellant.

  • G.R. No. 212932, January 21, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARNEL BALUTE Y VILLANUEVA, Accused-Appellant.

  • G.R. Nos. 209655-60, January 14, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PALMY TIBAYAN AND RICO Z. PUERTO, Accused-Appellants.

  • A.M. No. RTJ-15-2405 [Formerly OCA I.P.I. No. 12-3919-RTJ], January 12, 2015 - ANTONIO S. ASCA�O, JR., CONSOLACION D. DANTES, BASILISA A. OBALO, JULIETA D. TOLEDO, JOSEPH Z. MAAC, EMILIANO E. LUMBOY, TITA F. BERNARDO, IGMEDIO L. NOGUERA, FIDEL S. SARMIENTO, SR., DAN T. TAUNAN, AMALIA G. SANTOS, AVELINA M. COLONIA, ERIC S. PASTRANA, AND MARIVEL B. ISON, Complaints, v. PRESIDING JUDGE JOSE S. JACINTO, JR., BRANCH 45, REGIONAL TRIAL COURT, SAN JOSE OCCIDENTAL MINDORO, Respondent.

  • G.R. No. 198756, January 13, 2015 - BANCO DE ORO, BANK OF COMMERCE, CHINA BANKING CORPORATION, METROPOLITAN BANK & TRUST COMPANY, PHILIPPINE BANK OF COMMUNICATIONS, PHILIPPINE NATIONAL BANK, PHILIPPINE VETERANS BANK AND PLANTERS DEVELOPMENT BANK, Petitioners, RIZAL COMMERCIAL BANKING CORPORATION AND RCBC CAPITAL CORPORATION, Petitioners, CAUCUS OF DEVELOPMENT NGO NETWORKS, Petitioner-Intervenor, v. REPUBLIC OF THE PHILIPPINES, THE COMMISSIONER OF INTERNAL REVENUE, BUREAU OF INTERNAL REVENUE, SECRETARY OF FINANCE, DEPARTMENT OF FINANCE, THE NATIONAL TREASURER AND BUREAU OF TREASURY, Respondents.

  • G.R. No. 156995, January 12, 2015 - RUBEN MANALANG, CARLOS MANALANG, CONCEPCION GONZALES AND LUIS MANALANG, Petitioners, v. BIENVENIDO AND MERCEDES BACANI, Respondents.

  • G.R. No. 207942, January 12, 2015 - YINLU BICOL MINING CORPORATION, Petitioner, v. TRANS-ASIA OIL AND ENERGY DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 185544, January 13, 2015 - THE LAW FIRM OF LAGUESMA MAGSALIN CONSULTA AND GASTARDO, Petitioner, v. THE COMMISSION ON AUDIT AND/OR REYNALDO A. VILLAR AND JUANITO G. ESPINO, JR. IN THEIR CAPACITIES AS CHAIRMAN AND COMMISSIONER, RESPECTIVELY, Respondents.

  • G.R. No. 189272, January 21, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. CHI CHAN LIU A. K. A. CHAN QUE AND HUI LAO CHUNG A.K.A. LEOFE SENGLAO, Appellants.

  • G.R. Nos. 209672-74, January 14, 2015 - EDMUND SIA, Petitioner, v. WILFREDO ARCENAS, FERNANDO LOPEZ, AND PABLO RAFANAN, Respondents.

  • G.R. No. 184458, January 14, 2015 - RODRIGO RIVERA, Petitioner, v. SPOUSES SALVADOR CHUA AND S. VIOLETA CHUA, Respondents.; G.R. NO. 184472 - SPS. SALVADOR CHUA AND VIOLETA S. CHUA, Petitioners, v. RODRIGO RIVERA, Respondent.

  • G.R. No. 195671, January 21, 2015 - ROGELIO J. GONZAGA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. No. P-14-3281 (Formerly OCA IPI No. 12-3998-P), January 28, 2015 - FELISICIMO* R. SABIJON AND ZENAIDA A. SABIJON, Complainants, v. BENEDICT** M. DE JUAN, SHERIFF IV, REGIONAL TRIAL COURT OF KABACAN, NORTH COTABATO, BRANCH 22, Respondent.

  • G.R. No. 188016, January 14, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TEAM (PHILS.) ENERGY CORPORATION (FORMERLY MIRANT (PHILS.) ENERGY CORPORATION), Respondent.

  • G.R. No. 182864, January 12, 2015 - EASTERN SHIPPING LINES, INC., Petitioner, v. BPI/MS INSURANCE CORP., & MITSUI SUMITOMO INSURANCE CO., LTD., Respondents.

  • G.R. No. 166357, January 14, 2015 - VALERIO E. KALAW, Petitioner, v. MA. ELENA FERNANDEZ, Respondent.

  • G.R. No. 195580, January 28, 2015 - NARRA NICKEL MINING AND DEVELOPMENT CORP., TESORO MINING AND DEVELOPMENT, INC., AND MCARTHUR MINING, INC., Petitioners, v. REDMONT CONSOLIDATED MINES CORP., Respondent.

  • G.R. No. 210660, January 21, 2015 - FLOR G. DAYO, Petitioner, v. STATUS MARITIME CORPORATION AND/OR NAFTO TRADE SHIPPING COMMERCIAL S.A., Respondents.

  • G.R. No. 204689, January 21, 2015 - STRONGHOLD INSURANCE COMPANY, INC., Petitioner, v. SPOUSES RUNE AND LEA STROEM, Respondents.

  • G.R. No. 206526, January 28, 2015 - WINEBRENNER & I�IGO INSURANCE BROKERS, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondents.

  • G.R. No. 203351, January 21, 2015 - PANAY POWER CORPORATION (FORMERLY AVON RIVER POWER HOLDINGS CORPORATION), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondents.

  • UDK-15143, January 21, 2015 - IN THE MATTER OF: SAVE THE SUPREME COURT JUDICIAL INDEPENDENCE AND FISCAL AUTONOMY MOVEMENT v. ABOLITION OF JUDICIARY DEVELOPMENT FUND (JDF) AND REDUCTION OF FISCAL AUTONOMY.

  • G.R. No. 209499, January 28, 2015 - MA. CHARITO C. GADIA, ERNESTO M. PE�AS, GEMMABELLE B. REMO, LORENA S. QUESEA, MARIE JOY FRANCISCO, BEVERLY A. CABINGAS, IVEE U. BALINGIT, ROMA ANGELICA O. BORJA, MARIE JOAN RAMOS, KIM GUEVARRA, LYNN S. DE LOS SANTOS, CAREN C. ENCANTO, EIDEN BALDOVINO, JACQUELINE B. CASTRENCE, MA. ESTRELLA V. LAPUZ, JOSELITO L. LORD, RAYMOND G. SANTOS, ABIGAIL M. VILORIA, ROMMEL C. ACOSTA, FRANCIS JAN S. BAYLON, ERIC O. PADIERNOS, MA. LENELL P. AARON, CRISNELL P. AARON, AND LAWRENCE CHRISTOPHER F. PAPA, Petitioners, v. SYKES ASIA, INC./ CHUCK SYKES/ MIKE HINDS/ MICHAEL HENDERSON, Respondents.

  • G.R. No. 200169, January 28, 2015 - RODOLFO S. AGUILAR, Petitioner v. EDNA G. SIASAT, Respondents.

  • G.R. No. 199648, January 28, 2015 - FIRST OPTIMA REALTY CORPORATION, Petitioner, v. SECURITRON SECURITY SERVICES, INC., Respondents.

  • A.C. No. 10573, January 13, 2015 - FERNANDO W. CHU, Complainant, v. ATTY. JOSE C. GUICO, JR., Respondents.

  • G.R. No. 180147, January 14, 2015 - SARA LEE PHILIPPINES, INC., Petitioner, v. EMILINDA D. MACATLANG, ET AL.,1 Respondents.; G.R. NO. 180148 - ARIS PHILIPPINES, INC., Petitioner, v. EMILINDA D. MACATLANG, ET AL., Respondents.; G.R. NO. 180149 - SARA LEE CORPORATION, Petitioner, v. EMILINDA D. MACATLANG, ET AL., Respondents.; G.R. NO. 180150 - CESAR C. CRUZ, Petitioner, v. EMILINDA D. MACATLANG, ET AL., Respondents.; G.R. NO. 180319 - FASHION ACCESSORIES PHILS., INC., Petitioner, v. EMILINDA D. MACATLANG, ET AL., Respondents.; G.R. NO. 180685 - EMILINDA D. MACATLANG, ET AL., Petitioners, v. NLRC, ARIS PHILIPPINES, INC., FASHION ACCESSORIES PHILS., INC., SARA LEE CORPORATION, SARA LEE PHILIPPINES, INC., COLLIN BEAL AND ATTY. CESAR C. CRUZ, Respondents.

  • G.R. No. 185812, January 13, 2015 - MARITIME INDUSTRY AUTHORITY, Petitioner, v. COMMISSION ON AUDIT, Respondents.

  • G.R. No. 203026, January 28, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NATHANIEL PASION Y DELA CRUZ A.K.A. �ATHAN� AND DENNIS MICHAEL PAZ Y SIBAYAN, Accused-Appellants.

  • G.R. No. 165354, January 12, 2015 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE NATIONAL POWER CORPORATION, Petitioner, v. HEIRS OF SATURNINO Q. BORBON, AND COURT OF APPEALS, Respondents.

  • G.R. No. 148748, January 14, 2015 - IMELDA, LEONARDO, FIDELINO, AZUCENA, JOSEFINA, ANITA AND SISA, ALL SURNAMED SYJUCO, Petitioners, v. REPUBLIC OF THE PHILIPPINES, Petitioner-Intervenor, v. FELISA D. BONIFACIO AND VSD REALTY & DEVELOPMENT CORPORATION, Respondents.

  • G.R. No. 206393, January 21, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MICHAEL JOSON Y ROGANDO, Defendant-Appellant.

  • G.R. No. 168406, January 14, 2015 - CLUB FILIPINO, INC. AND ATTY. ROBERTO F. DE LEON, Petitioners, v. BENJAMIN BAUTISTA, RONIE SUALOG, JOEL CALIDA, JOHNNY ARINTO, CARLITO PRESENTACION, AND ROBERTO DE GUZMAN, Respondents.

  • G.R. No. 191972, January 26, 2015 - HENRY ONG LAY HIN, Petitioner, v. COURT OF APPEALS (2ND DIVISION), HON. GABRIEL T. INGLES, AS PRESIDING JUDGE OF RTC BRANCH 58, CEBU CITY, AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 211002, January 21, 2015 - RICHARD RICALDE, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 174184, January 28, 2015 - G.J.T. REBUILDERS MACHINE SHOP, GODOFREDO TRILLANA, AND JULIANA TRILLANA, Petitioners, v. RICARDO AMBOS, BENJAMIN PUTIAN, AND RUSSELL AMBOS, Respondents.

  • G.R. No. 109645, January 21, 2015 - ORTIGAS & COMPANY LIMITED PARTNERSHIP, Petitioner, v. JUDGE TIRSO VELASCO AND DOLORES V. MOLINA, Respondents.; [G.R. No. 112564] - DOLORES V. MOLINA, Petitioner, v. HON. PRESIDING JUDGE OF RTC, QUEZON CITY, BR. 105 AND MANILA BANKING CORPORATION, Respondents.; [G.R. No. 128422] - DOLORES V. MOLINA, Petitioner, v. THE HONORABLE COURT OF APPEALS AND EPIMACO ORETA, Respondents.; [G.R. No. 128911] - THE MANILA BANKING CORPORATION AND ALBERTO V. REYES, Petitioners, v. DOLORES V. MOLINA AND HON. MARCIANO BACALLA, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH 216, Respondent.

  • G.R. No. 167519, January 14, 2015 - THE WELLEX GROUP, INC., Petitioner, v. U-LAND AIRLINES, CO., LTD., Respondent.

  • G.R. No. 201151, January 14, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NESTOR SUAREZ Y MAGTAGNOB, Accused-Appellant.

  • G.R. No. 191710, January 14, 2015 - DEMETRIA DE GUZMAN, AS SUBSTITUTED BY HER HEIRS OLGA C. BARBASO AND NOLI G. CEMENTTNA;* LOLITA A. DE GUZMAN; ESTHER G.MILAN; BANAAG A. DE GUZMAN; AMOR G. APOLO, AS SUBSTITUTED BY HIS HEIRS ALBERTO T. APOLO, MARK APOLO AND GEORGE APOLO;* HERMINIO A. DE GUZMAN; LEONOR G. VTVENCIO; NORMA A. DE GUZMAN; AND JOSEFINA G. HERNANDEZ, Petitioners, v. FBLINVEST DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 168616, January 28, 2015 - HOME GUARANTY CORPORATION, Petitioner, v. LA SAVOIE DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 200628, January 13, 2015 - MARIA THERESA G. GUTIERREZ, Petitioner, v. COMMISSION ON AUDIT AND AUDITOR NARCISA DJ JOAQUIN, Respondents.

  • G.R. No. 198587, January 14, 2015 - SAUDI ARABIAN AIRLINES (SAUDIA) AND BRENDA J. BETIA, Petitioners, v. MA. JOPETTE M. REBESENCIO, MONTASSAH B. SACAR-ADIONG, ROUEN RUTH A. CRISTOBAL AND LORAINE S. SCHNEIDER-CRUZ, Respondents.