Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2015 > January 2015 Decisions > G.R. No. 204689, January 21, 2015 - STRONGHOLD INSURANCE COMPANY, INC., Petitioner, v. SPOUSES RUNE AND LEA STROEM, Respondents.:




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

PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

G.R. No. 204689, January 21, 2015

STRONGHOLD INSURANCE COMPANY, INC., Petitioner, v. SPOUSES RUNE AND LEA STROEM, Respondents.

D E C I S I O N

LEONEN, J.:

For resolution is a Petition for Review1 under Rule 45 of the Rules of Court assailing the Decision2 dated November 20, 2012 of the Court of Appeals in CA-G.R. CV No. 96017.� The Court of Appeals affirmed the Decision3 of the Regional Trial Court of Makati, Branch 133 in Civil Case No. 02-1108 for collection of a sum of money.

This case involves the proper invocation of the Construction Industry Arbitration Committee�s (CIAC) jurisdiction through an arbitration clause in a construction contract.� The main issue here is whether the dispute � liability of a surety under a performance bond � is connected to a construction contract and, therefore, falls under the exclusive jurisdiction of the CIAC.

Spouses Rune and Lea Stroem (Spouses Stroem) entered into an Owners-Contractor Agreement4 with Asis-Leif & Company, Inc. (Asis-Leif) for the construction of a two-storey house on the lot owned by Spouses Stroem.� The lot was located at Lot 4A, Block 24, Don Celso Tuason Street, Valley Golf Subdivision, Barangay Mayamot, Antipolo, Rizal.5chanroblesvirtuallawlibrary

On November 15, 1999, pursuant to the agreement, Asis-Leif secured Performance Bond No. LP/G(13)83056 in the amount of P4,500,000.00 from Stronghold Insurance Company, Inc. (Stronghold).6� Stronghold and Asis-Leif, through Ms. Ma. Cynthia Asis-Leif, bound themselves jointly and severally to pay the Spouses Stroem the agreed amount in the event that the construction project is not completed.7chanroblesvirtuallawlibrary

Asis-Leif failed to finish the project on time despite repeated demands of the Spouses Stroem.8chanroblesvirtuallawlibrary

Spouses Stroem subsequently rescinded the agreement.9� They then hired an independent appraiser to evaluate the progress of the construction project.10chanroblesvirtuallawlibrary

Appraiser Asian Appraisal Company, Inc.�s evaluation resulted in the following percentage of completion: 47.53% of the residential building, 65.62% of the garage, and 13.32% of the swimming pool, fence, gate, and land development.11chanroblesvirtuallawlibrary

On April 5, 2001, Stronghold sent a letter to Asis-Leif requesting that the company settle its obligations with the Spouses Stroem.� No response was received from Asis-Leif.12chanroblesvirtuallawlibrary

On September 12, 2002, the Spouses Stroem filed a Complaint (with Prayer for Preliminary Attachment)13 for breach of contract and for sum of money with a claim for damages against Asis-Leif, Ms. Cynthia Asis-Leif, and Stronghold.14� Only Stronghold was served summons.� Ms. Cynthia Asis-Leif allegedly absconded and moved out of the country.15chanroblesvirtuallawlibrary

On July 13, 2010, the Regional Trial Court rendered a judgment in favor of the Spouses Stroem.� The trial court ordered Stronghold to pay the Spouses Stroem ?4,500,000.00 with 6% legal interest from the time of first demand.16� The dispositive portion of the trial court Decision reads:chanRoblesvirtualLawlibrary

WHEREFORE, finding plaintiffs� cause of action to be sufficiently established being supported by evidence on records, judgement is hereby rendered in favor of the plaintiff spouses Rune and Lea Stroem and against the defendant Stronghold Insurance Company Incorporated ordering the latter to pay the plaintiff the sums of:chanRoblesvirtualLawlibrary

1)� Php4,500,000.00 with six (6%) percent legal interest from the time of first demand and interest due shall earn legal interest from the time of judicial demand until fully paid.

2)� Php35,000.00 by way of attorney�s fees and other litigation expenses.

Defendant is further ordered to pay the costs of this suit.

SO ORDERED.17

Both Stronghold and the Spouses Stroem appealed to the Court of Appeals.18chanroblesvirtuallawlibrary

The Court of Appeals affirmed with modification the trial court�s Decision.� It increased the amount of attorney�s fees to ?50,000.00.19chanroblesvirtuallawlibrary

The dispositive portion of the Court of Appeals Decision reads:chanRoblesvirtualLawlibrary

WHEREFORE, the appeal of Stronghold Company, Inc[.] is DISMISSED, while the appeal of spouses Rune and Lea Stroem is PARTLY GRANTED.� The November 27, 2009 Decision of the Regional Trial Court of Makati City is AFFIRMED with MODIFICATION that the award of attorney�s fees is increased to P50,000.00

SO ORDERED.20

On March 20, 2013, this court required the Spouses Stroem to submit their Comment on the Petition.21chanroblesvirtuallawlibrary

We noted the Spouses Stroem�s Comment on July 31, 2013.22� We also required Stronghold to file its Reply to the Comment,23 which was noted on December 9, 2013.24chanroblesvirtuallawlibrary

Stronghold argues that the trial court did not acquire jurisdiction over the case and, therefore, the Court of Appeals committed reversible error when it upheld the Decision of the Regional Trial Court.25� The lower courts should have dismissed the case in view of the arbitration clause in the agreement and considering that �[Republic Act No. 876] explicitly confines the court�s authority only to pass upon the issue of whether there is [an] agreement . . . providing for arbitration.� In the affirmative, the statute ordains that the court shall issue an order �summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.��26chanroblesvirtuallawlibrary

Moreover, �the stipulations in said Agreement are part and parcel of the conditions in the bond.� Were it not for such stipulations in said agreement, [Stronghold] would not have agreed to issue a bond in favor of the Spouses Stroem.� The parties to the bond are ALB/Ms. Asis-[L]eif, Spouses Stroem and [Stronghold] such that ALB/Ms. Asis-[L]eif never ceased to be a party to the surety agreement.�27chanroblesvirtuallawlibrary

In any case, Stronghold�s liability under the performance bond is limited only to additional costs for the completion of the project.28� In addition, the Court of Appeals erred in holding that Stronghold changed its theory with regard to the notice requirement29 and in modifying the trial court�s award of attorney�s fees.30chanroblesvirtuallawlibrary

On the other hand, the Spouses Stroem argue that Stronghold committed forum shopping warranting dismissal of the case.31� According to the Spouses Stroem, Stronghold deliberately committed forum shopping when it filed the present petition despite the pendency of the Spouses Stroem�s Motion for Partial Reconsideration of the Court of Appeals Decision dated November 20, 2012.32chanroblesvirtuallawlibrary

More importantly, the Owners-Contractor Agreement is �separate and distinct from the Bond.� The parties to the Agreement are ALB/Ms. Asis-Leif and Spouses Stroem, while the parties to the Bond are Spouses Stroem and Stronghold.� The considerations for the two contracts are likewise distinct.� Thus, the arbitration clause in the Agreement is binding only on the parties thereto, specifically ALB/Ms. Asis-Leif and Spouses Stroem[.]�33chanroblesvirtuallawlibrary

Contrary to Stronghold�s argument, Spouses Stroem argues that stronghold is liable for the full amount of the performance bond.� The terms of the bond clearly show that Stronghold is liable as surety.34� Verily, notice to Stronghold is not required for its liability to attach.35chanroblesvirtuallawlibrary

The issues for consideration are:chanRoblesvirtualLawlibrary

(1)
Whether the dispute involves a construction contract;
(2)
Whether the CIAC has exclusive jurisdiction over the controversy between the parties;
(3)
Whether the Regional Trial Court should have dismissed the petition outright as required by law and jurisprudence and referred the matter to the CIAC; and
(4)
Whether petitioner Stronghold Insurance Company, Inc. is liable under Performance Bond No. LP/G(13)83056.
(a)
Whether petitioner Stronghold Insurance Company, Inc. is only liable as to the extent of any additional cost for the completion of the project due to any increase in prices for labor and materials.
(b)
Whether the case involves ordinary suretyship or corporate suretyship.

After considering the parties� arguments and the records of this case, this court resolves to deny the Petition.

On forum-shopping

Respondents argue that petitioner committed forum shopping; hence, the case should have been dismissed outright.

Records show that petitioner received a copy of the Decision of the Court of Appeals on December 5, 2012.36� Petitioner did not file a Motion for Reconsideration of the assailed Decision.� It filed before this court a Motion for Extension of Time To File Petition for Review requesting an additional period of 30 days from December 20, 2012 or until January 19, 2013 to file the Petition.37chanroblesvirtuallawlibrary

Respondents filed their Motion for Partial Reconsideration of the Court of Appeals Decision on December 11, 2012.38� They sought the modification of the Decision as to the amounts of moral damages, exemplary damages, attorney�s fees, and costs of the suit.39chanroblesvirtuallawlibrary

Respondents alleged in their Comment that as early as January 9, 2013, petitioner received a copy of the Court of Appeals� Resolution requiring Comment on the Motion for Partial Reconsideration.40� Still, petitioner did not disclose in its Verification and Certification Against Forum Shopping the pendency of respondents� Motion for Partial Reconsideration.41chanroblesvirtuallawlibrary

For its part, petitioner claims that it did not commit forum shopping.� It fully disclosed in its Petition that what it sought to be reviewed was the Decision dated November 20, 2012 of the Court of Appeals.� �Petitioner merely exercised its available remedy with respect to the Decision of the Court of Appeals by filing [the] Petition.�42� What the rules mandate to be stated in the Certification Against Forum Shopping is the status of �any other action.�� This other action involves the same issues and parties but is an entirely different case.

Indeed, petitioner is guilty of forum shopping.

There is forum shopping when:chanRoblesvirtualLawlibrary

as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by appeal or certiorari) in another.� The principle applies not only with respect to suits filed in the courts but also in connection with litigations commenced in the courts while an administrative proceeding is pending[.]43� (Citation omitted)

This court has enumerated the elements of forum-shopping: �(a) identity of parties, or at least such parties as represent the same interests in both actions; (b) identity of rights asserted and reliefs prayed for, the reliefs being founded on the same facts; and (c) the identity with respect to the two preceding particulars in the two cases is such that any judgment rendered in the pending cases, regardless of which party is successful, amount to res judicata in the other case.�44chanroblesvirtuallawlibrary

Rule 42, Section 245 in relation to Rule 45, Section 4 of the Rules of Court mandates petitioner to submit a Certification Against Forum Shopping and promptly inform this court about the pendency of any similar action or proceeding before other courts or tribunals.� The rule�s purpose is to deter the unethical practice of pursuing simultaneous remedies in different forums, which �wreaks havoc upon orderly judicial procedure.�46� Failure to comply with the rule is a sufficient ground for the dismissal of the petition.47chanroblesvirtuallawlibrary

Records show that petitioner�s duly authorized officer certified the following on January 21, 2013:chanRoblesvirtualLawlibrary

4. I further certify that: (a) I have not commenced any other action or proceeding involving the same issues in the Supreme Court, Court of Appeals, or any other tribunal or agency; (b) to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or different Divisions thereof, or any tribunal or agency; (c) if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, I undertake to promptly inform the aforesaid courts and such tribunal or agency of the fact within five (5) days therefrom.48

Petitioner failed to carry out its duty of promptly informing this court of any pending action or proceeding before this court, the Court of Appeals, or any other tribunal or agency.� This court cannot countenance petitioner�s disregard of the rules.

This court has held before that:chanRoblesvirtualLawlibrary

[u]ltimately, what is truly important to consider in determining whether forum-shopping exists or not is the vexation caused the courts and parties-litigant by a party who asks different courts and/or administrative agencies to rule on the same or related causes and/or to grant the same or substantially the same reliefs, in the process creating the possibility of conflicting decisions being rendered by the different fora upon the same issue.49� (Emphasis supplied)

On this basis, this case should be dismissed.

On arbitration and the CIAC�s jurisdiction

Petitioner changed the theory of its case since its participation in the trial court proceedings.� It raised the issue of lack of jurisdiction in view of an arbitration agreement for the first time.

Generally, parties may not raise issues for the first time on appeal.50� Such practice is violative of the rules and due process and is frowned upon by the courts.� However, it is also well-settled that jurisdiction can never be waived or acquired by estoppel.51� Jurisdiction is conferred by the Constitution or by law.52� �Lack of jurisdiction of the court over an action or the subject matter of an action cannot be cured by the silence, by acquiescence, or even by express consent of the parties.�53chanroblesvirtuallawlibrary

Section 4 of Executive Order No. 100854 is clear in defining the exclusive jurisdiction of the CIAC:chanRoblesvirtualLawlibrary

SECTION 4. JurisdictionThe CIAC shall have original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines, whether the dispute arises before or after the completion of the contract, or after the abandonment or breach thereof.� These disputes may involve government or private contracts.� For the Board to acquire jurisdiction, the parties to a dispute must agree to submit the same to voluntary arbitration.

The jurisdiction of the CIAC may include but is not limited to violation of specifications for materials and workmanship; violation of the terms of agreement; interpretation and/or application of contractual time and delays; maintenance and defects; payment, default of employer or contractor and changes in contract cost.

Excluded from the coverage of this law are disputes arising from employer-employee relationships which shall continue to be covered by the Labor Code of the Philippines.� (Emphasis supplied)

Similarly, Section 35 of Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004 states:chanRoblesvirtualLawlibrary

SEC. 35. Coverage of the Law. - Construction disputes which fall within the original and exclusive jurisdiction of the Construction Industry Arbitration Commission (the �Commission�) shall include those between or among parties to, or who are otherwise bound by, an arbitration agreement, directly or by reference whether such parties are project owner, contractor, subcontractor, quantity surveyor, bondsman or issuer of an insurance policy in a construction project.

The Commission shall continue to exercise original and exclusive jurisdiction over construction disputes although the arbitration is �commercial� pursuant to Section 21 of this Act.� (Emphasis supplied)

In Heunghwa Industry Co., Ltd., v. DJ Builders Corporation,55 this court held that �there are two acts which may vest the CIAC with jurisdiction over a construction dispute.� One is the presence of an arbitration clause in a construction contract, and the other is the agreement by the parties to submit the dispute to the CIAC.�56chanroblesvirtuallawlibrary

This court has ruled that when a dispute arises from a construction contract, the CIAC has exclusive and original jurisdiction.57� Construction has been defined as referring to �all on-site works on buildings or altering structures, from land clearance through completion including excavation, erection and assembly and installation of components and equipment.�58chanroblesvirtuallawlibrary

In this case, there is no dispute as to whether the Owners-Contractor Agreement between Asis-Leif and respondents is a construction contract.� Petitioner and respondents recognize that CIAC has jurisdiction over disputes arising from the agreement.

What is at issue in this case is the parties� agreement, or lack thereof, to submit the case to arbitration.� Respondents argue that petitioner is not a party to the arbitration agreement.� Petitioner did not consent to arbitration.� It is only respondent and Asis-Leif that may invoke the arbitration clause in the contract.

This court has previously held that a performance bond, which is meant �to guarantee the supply of labor, materials, tools, equipment, and necessary supervision to complete the project[,]�59 is significantly and substantially connected to the construction contract and, therefore, falls under the jurisdiction of the CIAC.60chanroblesvirtuallawlibrary

Prudential Guarantee and Assurance Inc. v. Anscor Land, Inc.61 involved circumstances similar to the present case.� In Prudential, property owner Anscor Land, Inc. (ALI) entered into a contract for the construction of an eight-unit townhouse located in Capitol Hills, Quezon City with contractor Kraft Realty and Development Corporation (KRDC).62� KRDC secured the completion of the construction project through a surety and performance bond issued by Prudential Guarantee and Assurance Inc. (PGAI).63chanroblesvirtuallawlibrary

The delay in the construction project resulted in ALI�s termination of the contract and claim against the performance bond.64� �ALI [subsequently] commenced arbitration proceedings against KRDC and PGAI in the CIAC.�65� PGAI, however, argued that it was not a party to the construction contract.66chanroblesvirtuallawlibrary

The CIAC ruled that PGAI was not liable under the performance bond.67� Upon review, the Court of Appeals held that PGAI was jointly and severally liable with KRDC under the performance bond.68chanroblesvirtuallawlibrary

PGAI appealed the Court of Appeals Decision and claimed that CIAC did not have jurisdiction over the performance bond.69� This court ruled:chanRoblesvirtualLawlibrary

A guarantee or a surety contract under Article 2047 of the Civil Code of the Philippines is an accessory contract because it is dependent for its existence upon the principal obligation guaranteed by it.

In fact, the primary and only reason behind the acquisition of the performance bond by KRDC was to guarantee to ALI that the construction project would proceed in accordance with the contract terms and conditions.� In effect, the performance bond becomes liable for the completion of the construction project in the event KRDC fails in its contractual undertaking.

Because of the performance bond, the construction contract between ALI and KRDC is guaranteed to be performed even if KRDC fails in its obligation.� In practice, a performance bond is usually a condition or a necessary component of construction contracts.� In the case at bar, the performance bond was so connected with the construction contract that the former was agreed by the parties to be a condition for the latter to push through and at the same time, the former is reliant on the latter for its existence as an accessory contract.

Although not the construction contract itself, the performance bond is deemed as an associate of the main construction contract that it cannot be separated or severed from its principal.� The Performance Bond is significantly and substantially connected to the construction contract that there can be no doubt it is the CIAC, under Section 4 of EO No. 1008, which has jurisdiction over any dispute arising from or connected with it.70� (Emphasis supplied, citations omitted)

At first look, the Owners-Contractor Agreement and the performance bond reference each other; the performance bond was issued pursuant to the construction agreement.

A performance bond is a kind of suretyship agreement.� A suretyship agreement is an agreement �whereby a party, called the surety, guarantees the performance by another party, called the principal or obligor, of an obligation or undertaking in favor of another party, called the obligee.�71� In the same vein, a performance bond is �designed to afford the project owner security that the . . . contractor, will faithfully comply with the requirements of the contract . . . and make good [on the] damages sustained by the project owner in case of the contractor�s failure to so perform.�72chanroblesvirtuallawlibrary

It is settled that the surety�s solidary obligation for the performance of the principal debtor�s obligation is indirect and merely secondary.73� Nevertheless, the surety�s liability to the �creditor or promisee of the principal is said to be direct, primary and absolute; in other words, he is directly and equally bound with the principal.�74chanroblesvirtuallawlibrary

Verily, �[i]n enforcing a surety contract, the �complementary-contracts-construed-together� doctrine finds application.� According to this principle, an accessory contract must be read in its entirety and together with the principal agreement.�75� Article 1374 of the Civil Code provides:chanRoblesvirtualLawlibrary

ART. 1374. The various stipulations of a contract shall be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly.

Applying the �complementary-contracts-construed-together� doctrine, this court in Prudential held that the surety willingly acceded to the terms of the construction contract despite the silence of the performance bond as to arbitration:chanRoblesvirtualLawlibrary

In the case at bar, the performance bond was silent with regard to arbitration.� On the other hand, the construction contract was clear as to arbitration in the event of disputes.� Applying the said doctrine, we rule that the silence of the accessory contract in this case could only be construed as acquiescence to the main contract.� The construction contract breathes life into the performance bond.� We are not ready to assume that the performance bond contains reservations with regard to some of the terms and conditions in the construction contract where in fact it is silent.� On the other hand, it is more reasonable to assume that the party who issued the performance bond carefully and meticulously studied the construction contract that it guaranteed, and if it had reservations, it would have and should have mentioned them in the surety contract.76� (Emphasis supplied)

This court, however, cannot apply the ruling in Prudential to the present case.� Several factors militate against petitioner�s claim.

The contractual stipulations in this case and in Prudential are different.� The relevant provisions of the Owners-Contractor Agreement in this case state:chanRoblesvirtualLawlibrary

ARTICLE 5.� THE CONTRACT DOCUMENTS

The following documents prepared by the CONTRACTOR shall constitute an integral part of this contract as fully as if hereto attached or herein stated, except as otherwise modified by mutual agreement of parties, and attached to this agreement.

Attachment 5.1
Working Drawings
Attachment 5.2
Outline Specifications
Attachment 5.3
Bill of Quantities
Attachment 5.4
CONTRACTOR Business License

. . . .cralawred

ARTICLE 7. PERFORMANCE (SURETY) BOND

7.1 Within 30 days of the signing of this agreement, CONTRACTOR shall provide to OWNERS a performance bond, issued by a duly licensed authority acceptable to the OWNERS, and equal to the amount of PHP 4,500,000.00 (Four Million and Five Hundred Thousand Philippine Pesos), with the OWNERS as beneficiary.

7.2 The performance bond will guarantee the satisfactory and faithful performance by the CONTRACTOR of all provisions stated within this contract.

ARTICLE 8. ARBITRATION

8.1 Any dispute between the parties hereto which cannot be amicably settled shall be finally settled by arbitration in accordance with the provision of Republic Act 876, of The Philippines, as amended by the Executive Order 1008 dated February 4, 1985
.77 (Emphasis in the original)

In contrast, the provisions of the construction contract in Prudential provide:chanRoblesvirtualLawlibrary

Article 1
CONTRACT DOCUMENTS

1.1 The following shall form part of this Contract and together with this Contract, are known as the �Contract Documents�:chanRoblesvirtualLawlibrary

a.�� Bid Proposal

. . . .

d.�� Notice to proceed

. . . .

j.� Appendices A & B (respectively, Surety Bond for Performance and, Supply of Materials by the Developer)78 (Emphasis supplied)

This court in Prudential held that the construction contract expressly incorporated the performance bond into the contract.79� In the present case, Article 7 of the Owners-Contractor Agreement merely stated that a performance bond shall be issued in favor of respondents, in which case petitioner and Asis-Leif Builders and/or Ms. Ma. Cynthia Asis-Leif shall pay P4,500,000.00 in the event that Asis-Leif fails to perform its duty under the Owners-Contractor Agreement.80� Consequently, the performance bond merely referenced the contract entered into by respondents and Asis-Leif, which pertained to Asis-Leif�s duty to construct a two-storey residence building with attic, pool, and landscaping over respondents� property.81chanroblesvirtuallawlibrary

To be clear, it is in the Owners-Contractor Agreement that the arbitration clause is found.� The construction agreement was signed only by respondents and the contractor, Asis-Leif, as represented by Ms. Ma. Cynthia Asis-Leif.� It is basic that �[c]ontracts take effect only between the parties, their assigns and heirs[.]�82� Not being a party to the construction agreement, petitioner cannot invoke the arbitration clause. Petitioner, thus, cannot invoke the jurisdiction of the CIAC.

Moreover, petitioner�s invocation of the arbitration clause defeats the purpose of arbitration in relation to the construction business.� The state has continuously encouraged the use of dispute resolution mechanisms to promote party autonomy.83� In LICOMCEN, Incorporated v. Foundation Specialists, Inc.,84 this court upheld the CIAC�s jurisdiction in line with the state�s policy to promote arbitration:chanRoblesvirtualLawlibrary

The CIAC was created through Executive Order No. 1008 (E.O. 1008), in recognition of the need to establish an arbitral machinery that would expeditiously settle construction industry disputes.� The prompt resolution of problems arising from or connected with the construction industry was considered of necessary and vital for the fulfillment of national development goals, as the construction industry provides employment to a large segment of the national labor force and is a leading contributor to the gross national product.85� (Citation omitted)

However, where a surety in a construction contract actively participates in a collection suit, it is estopped from raising jurisdiction later.� Assuming that petitioner is privy to the construction agreement, we cannot allow petitioner to invoke arbitration at this late stage of the proceedings since to do so would go against the law�s goal of prompt resolution of cases in the construction industry.

WHEREFORE, the petition is DENIED.� The case is DISMISSED.� Petitioner�s counsel is STERNLY WARNED that a repetition or similar violation of the rule on Certification Against Forum Shopping will be dealt with more severely.

SO ORDERED.

Carpio, (Chairperson), Velasco, Jr.,* Del Castillo, and Mendoza, JJ., concur.

Endnotes:


* Designated acting member per S.O. No. 1910 dated January 12, 2015.

1Rollo, pp. 38�62.

2 Id. at 194�211.� The decision was penned by Associate Justice Angelita A. Gacutan and concurred in by Associate Justices Fernanda Lampas Peralta (Chair) and Edwin D. Sorongon of the Special Tenth Division.

3 Id. at 122�129.

4 Id. at 67�73 and 75. Asis-Leif was initially a single proprietorship under the name Asis-Leif Builders represented by its owner, Ms. Ma. Cynthia Asis-Leif.

5 Id. at 68 and 195.

6 Id. at 75 and 195.

7 Id.

8 Id. at 196.

9 Id.

10 Id.

11 Id.

12 Id.

13 Id. at 79�88.

14 Id. at 197.

15 Id.

16 Id. at 129.

17 Id.

18 Id. at 199.

19 Id. at 210.

20 Id.

21 Id. at 213.

22 Id. at 784.

23 Id.

24 Id. at 803.

25 Id. at 45.

26 Id. at 46.

27 Id. at 793.

28 Id. at 48.

29 Id. at 53.

30 Id. at 57.

31 Id. at 226.

32 Id. at 226�227.

33 Id. at 228.

34 Id. at 229�230.

35 Id. at 231.

36 Id. at 44.

37 Id. at 40.

38 Id. at 225.

39 Id.

40 Id. at 227.

41 Id.

42 Id. at 791.

43First Philippine International Bank v. Court of Appeals, 322 Phil. 280, 305 (1996) [Per J. Panganiban, Third Division].

44United Overseas Bank Phils. v. Rosemoor Mining & Development Corp., 547 Phil. 38, 50 (2007) [Per J. Tinga, Second Division].

45 SEC. 2. Form and contents.� . . . .

The petitioner shall also submit together with the petition a certification under oath that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.� (Emphasis supplied)

46Spouses Arevalo v. Planters Development Bank, et al., G.R. No. 193415, April 18, 2012, 670 SCRA 252, 264 [Per J. Sereno, Second Division] See Philippine Public School Teachers Association v. Heirs of Carolina P. Iligan, 528 Phil. 1197, 1209 (2006) [Per J. Callejo, Sr., First Division]; Far Eastern Shipping Company v. Court of Appeals, 357 Phil. 703, 716�723 (1998) [Per J. Regalado, En Banc].

47 Rules of Court, Rule 42, sec. 3. See Philippine Rabbit Bus Lines, Inc. v. Aladdin Transit Corp., 526 Phil. 837, 847 (2006) [Per J. Carpio Morales, Third Division].

48Rollo, p. 66.

49First Philippine International Bank v. Court of Appeals, 322 Phil. 280, 313 (1996) [Per J. Panganiban, Third Division].

50 See Multi-Realty Development Corporation v. The Makati Tuscany Condominium Corporation, 524 Phil. 318, 335 (2006) [Per J. Callejo, Sr., First Division].

51 See Soriano v. Bravo, G.R. No. 152086, December 15, 2010, 638 SCRA 403, 422 [Per J. Leonardo-De Castro, First Division] and BF Homes, Inc. v. Manila Electric Company, 651 Phil. 211, 235 (2010) [Per J. Leonardo-De Castro, First Division].

52 See Gomez-Castillo v. Commission on Elections, 635 Phil. 480, 486�487 (2010) [Per J. Bersamin, En Banc].

53 Municipality of Pateros v. Court of Appeals, 607 Phil. 104, 116 (2009) [Per J. Nachura, Third Division].

54 Otherwise known as Construction Industry Arbitration Law.

55 593 Phil. 632 (2008) [Per J. Austria-Martinez, Third Division].

56 Id. at 649.

57 See Hi-Precision Steel Center, Inc. v. Lim Kim Steel Builders, Inc., G.R. No. 110434, December 13, 1993, 228 SCRA 397, 405 [Per J. Feliciano, Third Division Resolution] and Metropolitan Cebu Water District v. Mactan Rock Industries, Inc., G.R. No. 172438, July 4, 2012, 675 SCRA 577, 597 [Per J. Mendoza, Third Division].

58 Fort Bonifacio Development Corporation v. Sorongon, 605 Phil. 689, 696 (2009) [Per J. Tinga, Second Division]. See also Gammon Philippines, Inc. v. Metro Rail Transit Development Corporation, 516 Phil. 561, 569 (2006) [Per J. Tinga, Third Division] and Fort Bonifacio Development Corporation v. Domingo, 599 Phil. 554, 564 (2009) [Per J. Chico-Nazario, Third Division].

59Prudential Guarantee and Assurance Inc. v. Anscor Land, Inc., G.R. No. 177240, September 8, 2010, 630 SCRA 368, 376 [Per J. Villarama, Jr., Third Division].

60 Id. at 377.

61 G.R. No. 177240, September 8, 2010, 630 SCRA 368 [Per J. Villarama, Jr., Third Division].

62 Id. at 370.

63 Id. at 371.

64 Id.

65 Id. at 372.

66 Id.

67 Id.

68 Id. at 373.

69 Id.

70 Id. at 376�377.

71Philippine Charter Insurance Corporation v. Petroleum Distributors & Service Corporation, G.R. No. 180898, April 18, 2012, 670 SCRA 166, 179 [Per J. Mendoza, Third Division]. See CIVIL CODE, art. 2047; See also Ins. Code, art. 175.

72 See Eastern Assurance & Surety Corporation v. Intermediate Appellate Court, 259 Phil. 164, 171 (1989) [Per J. Feliciano, Third Division].

73 See Stronghold Insurance Company, Inc. v. Republic-Asahi Glass Corporation, 525 Phil. 270, 280 (2006) [Per C.J. Panganiban, First Division], Philippine Bank of Communications v. Lim, 495 Phil. 645, 651 (2005) [Per C.J. Panganiban, Third Division], and Philippine Charter Insurance Corporation v. Petroleum Distributors & Service Corporation, G.R. No. 180898, April 18, 2012, 670 SCRA 166, 179 [Per J. Mendoza, Third Division].

74Stronghold Insurance Company, Inc. v. Republic-Asahi Glass Corporation, 525 Phil. 270, 280 (2006) [Per C.J. Panganiban, First Division], citing Garcia, Jr. v. Court of Appeals, G.R. No. 80201, November 20, 1990, 191 SCRA 493, 496 [Per J. Cruz, First Division].

75Philippine Bank of Communications v. Lim, 495 Phil. 645, 652 (2005) [Per C.J. Panganiban, Third Division].

76Prudential Guarantee and Assurance Inc. v. Anscor Land, Inc., G.R. No. 177240, September 8, 2010, 630 SCRA 368, 379 [Per J. Villarama, Jr., Third Division].

77Rollo, pp. 69�71.

78Prudential Guarantee and Assurance Inc. v. Anscor Land, Inc., G.R. No. 177240, September 8, 2010, 630 SCRA 368, 374 [Per J. Villarama, Jr., Third Division].

79 Id.

80Rollo, p. 75.

81 Id.

82 CIVIL CODE, art. 1311. See Tan v. G.V.T. Engineering Services, 529 Phil. 751, 771 (2006) [Per J. Austria-Martinez, First Division].

83 See Rep. Act No. 9285 (2004), sec. 2.

84 G.R. No. 167022, April 4, 2011, 647 SCRA 83 [Per J. Brion, Third Division].

85 Id. at 96.



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






January-2015 Jurisprudence                 

  • G.R. No. 200013, January 14, 2015 - BETTY GEPULLE-GARBO, REPRESENTED BY ATTORNEY-IN-FACT, MINDA G. ROSALES(NOW REPRESENTED BY HER NEW ATTORNEY-IN-FACT, GARY LLOYD G. ROSALES), Petitioner, v. SPOUSES VICTOREY ANTONIO GARABATO AND JOSEPHINE S. GARABATO, Respondents.

  • A.C. No. 8235, January 27, 2015 - JOSELITO F. TEJANO, Complainant, v. ATTY. BENJAMIN F. BATERINA, Respondent.

  • A.M. No. 09-6-1-SC, January 21, 2015 - RE: VIOLATION OF RULES ON NOTARIAL PRACTICE

  • G.R. No. 210634, January 14, 2015 - NORIEL R. MONTIERRO, Petitioner, v. RICKMERS MARINE AGENCY PHILS., INC., Respondent.

  • G.R. No. 194499, January 14, 2015 - MANUEL R. PORTUGUEZ, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 187892, January 14, 2015 - UNGAY MALOBAGO MINES, INC. Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 203384, January 14, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. SPS. JOSE CASTUERA AND PERLA CASTUERA, Respondents.

  • A.M. No. P-14-3194 (Formerly A.M. No. 14-1-01-MTC), January 27, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. CONSTANTINO P. REDO�A, FORMER CLERK OF COURT II, MUNICIPAL TRIAL COURT, TANAUAN, LEYTE, Respondent.

  • G.R. Nos. 212140-41, January 21, 2015 - SENATOR JINGGOY EJERCITO ESTRADA, Petitioner, v. BERSAMIN, OFFICE OF THE OMBUDSMAN, FIELD INVESTIGATION OFFICE, OFFICE OF THE OMBUDSMAN, NATIONAL BUREAU OF INVESTIGATION AND ATTY. LEVITO D. BALIGOD, Respondents.

  • G.R. No. 179491, January 14, 2015 - ALEJANDRO C. ALMENDRAS, JR., Petitioner, v. ALEXIS C. ALMENDRAS, Respondent.

  • G.R. No. 168950, January 14, 2015 - ROHM APOLLO SEMICONDUCTOR PHILIPPINES, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondents.

  • A.M. No. P-08-2465 [Formerly A.M. OCA IPI No. 04-1849-P], January 12, 2015 - CONCHITA S. BAHALA, Complainant, v. CIRILO DUCA, SHERIFF III, MUNICIPAL CIRCUIT TRIAL COURT IN CITIES, BRANCH 1, CAGAYAN DE ORO CITY, Respondent.

  • A.C. No. 10568 [Formerly CBD Case No. 10-2753], January 13, 2015 - MARILEN G. SOLIMAN, Complainant, v. ATTY. DITAS LERIOS-AMBOY, Respondent.

  • G.R. No. 209346, January 12, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. ARNALDO BOSITO Y CHAVENIA, Appellant.

  • G.R. No. 200797, January 12, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANOLITO OPIANA Y TANAEL, Accused-Appellant.

  • G.R. No. 207993, January 21, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. GERARDO ENUMERABLE Y DE VILLA, Appellant.

  • G.R. No. 206666, January 21, 2015 - ATTY. ALICIA RISOS-VIDAL, Petitioner, ALFREDO S. LIM, Petitioner-Intervenor, v. COMMISSION ON ELECTIONS AND JOSEPH EJERCITO ESTRADA, Respondents.

  • G.R. No. 200333, January 21, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DOMINGO DILLA Y PAULAR, Accused-Appellant.

  • G.R. No. 191540, January 21, 2015 - SPOUSES JOSE O. GATUSLAO AND ERMILA LEONILA LIMSIACO-GATUSLAO, Petitioners, v. LEO RAY V. YANSON, Respondent.

  • A.M. No. P-11-2940, January 21, 2015 - JUDGE GODOFREDO B. ABUL, JR., Complainant, v. GEORGE E. VIAJAR, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 4, BUTUAN CITY, Respondent.

  • G.R. No. 209605, January 12, 2015 - NEIL B. AGUILAR AND RUBEN CALIMBAS, Petitioners, v. LIGHTBRINGERS CREDIT COOPERATIVE, Respondent.

  • G.R. No. 212196, January 12, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAMIL DORIA DAHIL AND ROMMEL CASTRO Y CARLOS, Accused-Appellants.

  • A.C. No. 10576, January 14, 2015 - ARCATOMY S. GUARIN, Complainant, v. ATTY. CHRISTINE A.C. LIMPIN, Respondent.

  • A.C. No. 7325, January 21, 2015 - DR. DOMICIANO F. VILLAHERMOSA, SR., Complainant, v. ATTY. ISIDRO L. CARACOL, Respondent.

  • G.R. No. 211211, January 14, 2015 - ROMMEL B. DARAUG, Petitioner, v. KGJS FLEET MANAGEMENT MANILA, INC., KRISTIAN GERHARD JEBSEN SKIPSREDER, MR. GUY DOMINO A. MACAPAYAG AND/OR M/V �IBIS ARROW,� Respondents.

  • G.R. No. 192270, January 26, 2015 - IRENE D. OFILADA, Petitioner, v. SPOUSES RUBEN ANDAL AND MIRAFLOR ANDAL, Respondents.

  • G.R. No. 193451, January 28, 2015 - ANTONIO M. MAGTALAS, Petitioner, v. ISIDORO A. ANTE, RAUL C. ADDATU, NICANOR B. PADILLA, JR., DANTE Y. CE�IDO, AND RHAMIR C. DALIOAN, Respondent.

  • 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.