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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
 

   
July-2015 Jurisprudence                 

  • G.R. No. 205681, July 01, 2015 - JANET CARBONELL, Petitioner, v. JULITA A. CARBONELL-MENDES, REPRESENTED BY HER BROTHER AND ATTORNEY-IN-FACT, VIRGILIO A. CARBONELL, Respondent.

  • G.R. No. 208686, July 01, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. ALELIE TOLENTINO A.K.A. "ALELIE TOLENTINO Y HERNANDEZ," Appellant.

  • G.R. No. 210341, July 01, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. JOSEFINO O. ALORA AND OSCAR O. ALORA, Respondent.

  • G. R. No. 209845, July 01, 2015 - MELCHOR G. MADERAZO AND DIONESIO R. VERUEN, JR., Petitioners, v. PEOPLE OF THE PHILIPPINES AND SANDIGANBAYAN, Respondents.

  • A.M. No. P-14-3182, July 01, 2015 - ATTY. AURORA P. SANGLAY, Complainant, v. EDUARDO E. PADUA II, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 29, SAN FERNANDO CITY, LA UNION, Respondent.

  • A.M. No. P-12-3101, July 01, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. BEATRIZ E. LIZONDRA, COURT INTERPRETER II AND OFFICER-IN-CHARGE, CLERK OF COURT, MUNICIPAL TRIAL COURT IN CITIES, TABUK CITY, KALINGA, Respondent.

  • G.R. No. 181517, July 06, 2015 - GREEN STAR EXPRESS, INC. AND FRUTO SAYSON, JR., Petitioners, v. NISSIN-UNIVERSAL ROBINA CORPORATION, Respondent.

  • G.R. NO. 193058, July 08, 2015 - EDGAR C. NUQUE, Petitioner, v. FIDEL AQUINO AND SPOUSES ALEJANDRO AND ERLINDA BABINA, Respondents.

  • G.R. No. 190134, July 08, 2015 - SPOUSES ROGELIO AND SHIRLEY T. LIM, AGUSAN INSTITUTE OF TECHNOLOGY, REPRESENTED BY DR. SHIRLEY T. LIM, PRESIDENT AND AS ATTORNEY-IN-FACT OF FELIX A. CUENCA, MARY ANN M. MALOLOT, AND REY ADONIS M. MEJORADA, Petitioners, v. HONORABLE COURT OF APPELAS, TWENTY-SECOND DIVISION, CAGAYAN DE ORO CITY, MINDANAO STATION; SHERIFF ARCHIBALD C. VERGA, AND HIS DEPUTIES, REGIONAL TRIAL COURT, BRANCH 33, HALL OF JUSTICE, LIBERTAD, BUTUAN CITY; AND FIRST CONSOLIDATED BANK, Respondents.

  • A.C. No. 10687, July 22, 2015 - MABINI COLLEGES, INC. REPRESENTED BY MARCEL N. LUKBAN, ALBERTO I. GARCIA, JR., AND MA. PAMELA ROSSANA A. APUYA, Complainant, v. ATTY. JOSE D. PAJARILLO, Respondent.

  • G.R. No. 212194, July 06, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROD FAMUDULAN1 Y FEDELIN, Accused-Appellant.

  • G.R. No. 187631, July 08, 2015 - BATANGAS CITY, MARIA TERESA GERON, IN HER CAPACITY AS CITY TREASURER OF BATANGAS CITY AND TEODULFO A. DEGUITO, IN HIS CAPACITY AS CITY LEGAL OFFICER OF BATANGAS CITY, Petitioners, v. PILIPINAS SHELL PETROLEUM CORPORATION, Respondent.

  • G.R. No. 212205, July 06, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. OBALDO BANDRIL Y TABLING, Accused-Appellant.

  • A.C. No. 10207, July 21, 2015 - RE: DECISION DATED 17 MARCH 2011 IN CRIMINAL CASE NO. SB-28361 ENTITLED "PEOPLE OF THE PHILIPPINES VS. JOSELITO C. BARROZO" - FORMER ASSISTANT PROSECUTOR JOSELITO C. BARROZO, Respondent.

  • G.R. No. 201110, July 06, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JEFFREY VICTORIA Y CRISTOBAL, Accused-Appellant.

  • G.R. No. 183735, July 06, 2015 - SEGIFREDO T. VILCHEZ, Petitioner, v. FREE PORT SERVICE CORPORATION AND ATTY. ROEL JOHN T. KABIGTING, PRESIDENT, Respondents.

  • G.R. No. 200670, July 06, 2015 - CLARK INVESTORS AND LOCATORS ASSOCIATION, INC., Petitioner, v. SECRETARY OF FINANCE AND COMMISSIONER OF INTERNAL REVENUE, Respondents.

  • G.R. No. 216691, July 21, 2015 - MARIA ANGELA S. GARCIA, Petitioner, v. COMMISSION ON ELECTIONS AND JOSE ALEJANDRE P. PAYUMO III, Respondents.

  • G.R. No. 197731, July 06, 2015 - HERMIE OLARTE Y TARUG, AND RUBEN OLAVARIO Y MAUNAO, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 208792, July 22, 2015 - BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. SPOUSES ROBERTO AND TERESITA GENUINO, Respondents.

  • G.R. No. 207435, July 01, 2015 - NORMA EDITA R. DY SUN-ONG, Petitioner, v. JOSE VICTORY R. DY SUN, Respondent.

  • A.C. No. 10187 [Formerly CBD Case No. 11-3053], July 22, 2015 - CELINA F. ANDRADA, Complainant, v. ATTY. RODRIGO CERA, Respondent.

  • A.M. No. RTJ-15-2417 [Formerly known as OCA IPI No. 10-3466-RTJ], July 22, 2015 - ELADIO D. PERFECTO, Complainant, v. JUDGE ALMA CONSUELO D. ESIDERA, Respondent.

  • G.R. No. 171247, July 22, 2015 - ALFREDO L. VILLAMOR, JR., Petitioner, v. HON. AMELIA C. MANALASTAS, PRESIDING JUDGE, RTC-PASIG CITY, BRANCH 268, AND LEONARDO S. UMALE [DECEASED] SUBSTITUTED BY HIS SPOUSE, CLARISSA VICTORIA UMALE, Respondents.

  • A.M. No. P-14-3257, July 22, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JOSE V. MENDOZA, CLERK OF COURT II, MUNICIPAL TRIAL COURT, GASAN, MARINDUQUE, Respondent.

  • G.R. No. 211535, July 22, 2015 - BANK OF COMMERCE, Petitioner, v. MARILYN P. NITE, Respondent.

  • G.R. No. 200773, July 08, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. ANGELINE L. DAYAOEN, AGUST1NA TAUEL, AND LAWANA T. BATCAGAN, Respondents.

  • G.R. No. 192099, July 08, 2015 - PAULINO M. EJERCITO, JESSIE M. EJERCITO AND JOHNNY D. CHANG, Petitioners, v. ORIENTAL ASSURANCE CORPORATION, Respondent.

  • G.R. No. 186322, July 08, 2015 - ENRICO S. EULOGIO AND NATIVIDAD V. EULOGIO, Petitioners, v. PATERNO C. BELL, SR., ROGELIA CALINGASAN-BELL, PATERNO WILLIAM BELL, JR., FLORENCE FELICIA VICTORIA BELL, PATERNO FERDINAND BELL III, AND PATERNO BENERAŅO BELL IV, Respondents.

  • G.R. Nos. 209353-54, July 06, 2015 - REPUBLIC OF THE PHILIPPINES, REP. BY THE COMMISSIONER OF CUSTOMS, Petitioner, v. PHILIPPINE AIRLINES, INC. (PAL), Respondent.; [G.R. Nos. 211733-34] - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PHILIPPINE AIRLINES, INC. (PAL), Respondent.

  • A.M. No. MTJ-14-1839, July 22, 2015 - ATTY. LUCITA E. MARCELO, Complainant, v. JUDGE PELAGIA J. DALMACIO-JOAQUIN, PRESIDING JUDGE, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 1, SAN JOSE DEL MONTE, BULACAN, Respondent.

  • G.R. No. 189262, July 06, 2015 - GBMLT MANPOWER SERVICES, INC., Petitioner, v. MA. VICTORIA H. MALINAO, Respondent.

  • G.R. No. 207286, July 29, 2015 - DELA ROSA LINER, INC. AND/OR ROSAURO DELA ROSA, SR. AND NORA DELA ROSA, Petitioners, v. CALIXTO B. BORELA AND ESTELO A. AMARILLE, Respondents.

  • G.R. No. 210929, July 29, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. EDNA ORCELINO-VILLANUEVA, Respondent.

  • G.R. No. 167679, July 22, 2015 - ING BANK N.V., ENGAGED IN BANKING OPERATIONS IN THE PHILIPPINES AS ING BANK N.V. MANILA BRANCH, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 185224, July 29, 2015 - AMELIA CARMELA CONSTANTINO ZOLETA, Petitioner, v. THE HONORABLE SANDIGANBAYAN [FOURTH DIVISION] AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 190983, July 29, 2015 - SURENDRA GOBINDRAM DASWANI, Petitioner, v. BANCO DE ORO UNIVERSAL BANK AND REGISTER OF DEEDS OF MAKATI CITY, Respondent.

  • G.R. No. 188698, July 22, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. SONIA BERNEL NUARIN, Appellant.

  • G.R. No. 186305, July 22, 2015 - V-GENT, INC., Petitioner, v. MORNING STAR TRAVEL AND TOURS, INC., Respondent.

  • A.M. No. P-15-3304 (Formerly: OCA I.P.I No. 11-3670-P), July 01, 2015 - MELQUIADES A. ROBLES, Complainant, v. 1) CLERK OF COURT V DUKE THADDEUS R. MAOG, REGIONAL TRIAL COURT, BRANCH 155, PASIG CITY, 2) SHERIFF IV DOMINGO R. GARCIA, JR., REGIONAL TRIAL COURT, BRANCH 157, PASIG CITY, Respondents.

  • G.R. No. 172983, July 22, 2015 - FAR EAST BANK AND TRUST COMPANY, Petitioner, v. PHILIPPINE DEPOSIT INSURANCE CORPORATION, Respondent.

  • G.R. No. 175188, July 15, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. LA TONDEŅA DISTILLERS, INC. (LTDI [NOW GINEBRA SAN MIGUEL], Respondent.

  • G.R. No. 209137, July 01, 2015 - EDUARDO CELEDONIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 210412, July 29, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. KAMRAN F. KARBASI, Respondent.

  • G.R. No. 210646, July 29, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. AIR LIQUIDE PHILIPPINES, INC., Respondent.

  • G.R. No. 207791, July 15, 2015 - THE CITY OF DAVAO, REPRESENTED BY THE CITY TREASURER OF DAVAO CITY, Petitioner, v. THE INTESTATE ESTATE OF AMADO S. DALISAY, REPRESENTED BY SPECIAL ADMINISTRATOR ATTY. NICASIO B. PADERNA, Respondent.

  • G.R. No. 206442, July 01, 2015 - JOVITO CANCERAN, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 201494, July 29, 2015 - MARITES R. CUSAP, Petitioner, v. ADIDAS PHILIPPINES, INC., (ADIDAS), PROMOTION RESOURCES & INTER-MARKETING EXPONENTS, INC. (PRIME) AND JC ATHLETES, INC. (JCA), Respondents.

  • A.M. No. P-07-2293 (Formerly A.M. No. 06-12-411-MTC), July 15, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JOEBERT C. GUAN, FORMER CLERK OF COURT, MUNICIPAL TRIAL COURT, BULAN, SORSOGON, Respondent.

  • G.R. No. 199660, July 13, 2015 - U-BIX CORPORATION AND EDILBERTO B. BRAVO, Petitioners, v. VALERIE ANNE H. HOLLERO, Respondent.

  • G.R. No. 198096, July 08, 2015 - CENTENNIAL TRANSMARINE, INC. AND/OR MR. EDUARDO R. JABLA, CENTENNIAL MARITIME SERVICES & MTV BONNIE SMITHWICK, Petitioners, v. PASTOR M. QUIAMBAO, Respondent.

  • A.M. No. SCC-13-18-J (Formerly A.M. OCA IPI No. 11-36-SCC), July 01, 2015 - BAGUAN M. MAMISCAL, Complainant, v. CLERK OF COURT MACALINOG S. ABDULLAH, SHARI'A CIRCUIT COURT, MARAWI CITY, Respondent.

  • G.R. No. 208587, July 29, 2015 - JM DOMINGUEZ AGRONOMIC COMPANY, INC., HELEN D. DAGDAGAN, PATRICK PACIS, KENNETH PACIS, AND SHIRLEY DOMINGUEZ, Petitioners, v. CECILIA LICLICAN, NORMA D. ISIP, AND PURITA DOMINGUEZ, Respondents.

  • G.R. Nos. 203054-55, July 29, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. COURT OF TAX APPEALS AND CBK POWER COMPANY LIMITED, Respondents.

  • G.R. No. 193219, July 27, 2015 - COPY CENTRAL DIGITAL COPY SOLUTION AND/OR VIRGILIO MONTANO, Petitioners, v. MARILYN DOMRIQUE AND CARINA LEAŅO, Respondents.

  • G.R. No. 188464, July 29, 2015 - ALBERTO J. RAZA, Petitioner, v. DAIKOKU ELECTRONICS PHILS., INC. AND MAMORU ONO, Respondents.

  • G.R. No. 174185, July 22, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. WILFREDO MANCAO, Respondent.

  • G.R. No. 200940, July 22, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARTIN NERIO, JR., Accused-Appellant.

  • G.R. No. 190998, July 20, 2015 - SPOUSES ROBERT C. PADERANGA AND JOVITA M. PADERANGA, Petitioners, v. SPOUSES PENDATUN A. BOGABONG AND NORMA P. BOGABONG; STALINGEORGE PADERANGA AND THE REGISTER OF DEEDS OF ILIGAN CITY; CIPRIANO RATUNIL; ANTONIO MIŅOZA; HEIRS OF TOMAS TAN SR., LOURDES TAN AND LIBEN GO MEDINA, Respondents.

  • G.R. No. 193034, July 20, 2015 - RODGING REYES, Petitioner, v. PEOPLE OF THE PHILIPPINES AND SALUD M. GEGATO, Respondents.

  • G.R. No. 212336, July 15, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARSENIO D. MISA III, Accused-Appellant.

  • G.R. No. 181381, July 20, 2015 - SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. UNIVERSAL RIGHTFIELD PROPERTY HOLDINGS, INC., Respondent.

  • A.C. No. 10628, July 01, 2015 - MAXIMINO NOBLE III, Complainant, v. ATTY. ORLANDO O. AILES, Respondent.

  • G.R. No. 191258, July 08, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VINCENT GARRIDO Y ELORDE, Accused-Appellant.

  • G.R. No. 207639, July 01, 2015 - BAHIA SHIPPING SERVICES, INC. AND/OR V-SHIP NORWAY AND/OR CYNTHIA C. MENDOZA, Petitioners, v. CARLOS L. FLORES, JR., Respondent.

  • G.R. No. 214466, July 01, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO BALCUEVA Y BONDOCOY, Accused-Appellant.

  • G.R. No. 194328, July 01, 2015 - STRONGHOLD INSURANCE COMPANY, INCORPORATED, Petitioner, v. INTERPACIFIC CONTAINER SERVICES AND GLORIA DEE CHONG, Respondents.

  • G.R. No. 175999, July 01, 2015 - NELSON LAI Y BILBAO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 207145, July 28, 2015 - GIL G. CAWAD, MARIO BENEDICT P. GALON, DOMINGO E. LUSAYA, JEAN V. APOLINARES, MA. LUISA S. OREZCA, JULIO R. GARCIA, NESTOR M. INTIA, RUBEN C. CALIWATAN, ADOLFO Q. ROSALES, MA. LUISA NAVARRO, AND THE PHILIPPINE PUBLIC HEALTH ASSOCIATION, INC., Petitioners, v. FLORENCIO B. ABAD, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM); ENRIQUE T. ONA, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF HEALTH (DOH); AND FRANCISCO T. DUQUE III, IN HIS CAPACITY AS CHAIRMAN OF THE CIVIL SERVICE COMMISSION (CSC), Respondents.

  • G.R. No. 193388, July 01, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO BOCADI Y APATAN, ACCUSED, ALBERTO BATICOLON Y RAMIREZ, Accused-Appellant.

  • G.R. No. 192173, July 29, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. STANDARD CHARTERED BANK, Respondent.

  • A.C. No. 8313, July 14, 2015 - PILAR IBANA-ANDRADE AND CLARE SINFOROSA ANDRADE-CASILIHAN, Complainants, v. ATTY. EVA PAITA-MOYA, Respondent.

  • G.R. No. 184320, July 29, 2015 - CLARITA ESTRELLADO-MAINAR, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. CA-15-32-P (formerly OCA IPI No. 14-219-CA-P), July 29, 2015 - COMMITTEE ON ETHICS & SPECIAL CONCERNS, COURT OF APPEALS, MANILA, Complainant, v. MARCELO B. NAIG, UTILITY WORKER II, MAINTENANCE AND UTILITY SECTION, COURT OF APPEALS, MANILA, Respondent.

  • G.R. No. 204738, July 29, 2015 - GLENDA RODRIGUEZ-ANGAT, Petitioner, v. GOVERNMENT SERVICE INSURANCE SYSTEM, Respondent.

  • G.R. No. 200233, July 15, 2015 - LEONILA G. SANTIAGO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 206423, July 01, 2015 - LEONCIO ALANGDEO, ARTHUR VERCELES, AND DANNY VERGARA, Petitioners, v. THE CITY MAYOR OF BAGUIO, HON. BRAULIO D. YARANON (TO BE SUBSTITUTED BY INCUMBENT CITY MAYOR, HON. MAURICIO DOMOGAN), JEOFREY MORTELA, HEAD DEMOLITION TEAM, CITY ENGINEER’S OFFICE, AND ERNESTO LARDIZABAL, Respondents.

  • G.R. No. 207575, July 15, 2015 - HEDCOR, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 175796, July 22, 2015 - BPI FAMILY SAVINGS BANK, INC., Petitioner, v. SPOUSES BENEDICTO & TERESITA YUJUICO, Respondents.

  • A.M. No. CA-15-53-J [Formerly OCA I.P.I. No. 15-230-CA-J], July 14, 2015 - RE: COMPLAINT DATED JANUARY 28, 2015 OF CATHERINE DAMAYO, REPRESENTED BY HER MOTHER, VENIRANDA DAMAYO, AGAINST HON. MARILYN LAGURA-YAP, ASSOCIATE JUSTICE, COURT OF APPEALS-VISAYAS, CEBU CITY, CEBU.

  • G.R. No. 162217, July 22, 2015 - HEIRS OF ARTURO GARCIA I, (IN SUBSTITUTION OF HEIRS OF MELECIO BUENO), Petitioners, v. MUNICIPALITY OF IBA, ZAMBALES, Respondent.

  • A.M. No. 2014-07-SC, July 08, 2015 - RE: REPORT OF ATTY. CARIDAD A. PABELLO, CHIEF OF OFFICE, OFFICE OF ADMINISTRATIVE SERVICES- OFFICE OF THE COURT ADMINISTRATOR (OAS-OCA), ON NEGLECT OF DUTY OF FERDINAND F. ANDRES, HUMAN RESOURCE MANAGEMENT OFFICER III, REGIONAL TRIAL COURT (RTC)-PERSONNEL DIVISION, OAS-OCA, THE PROCESSOR-IN-CHARGE OF APPOINTMENT AND THE ALLEGED ERRONEOUS RECORDING, ERASURE, AND ALTERATION OF THE PERFORMANCE RATING ON THE RECORD BOOK.

  • G.R. No. 210861, July 29, 2015 - CENTRAL BICOL STATE UNIVERSITY OF AGRICULTURE, REPRESENTED BY ITS PRESIDENT, ATTY. MARIO T. BERNALES, Petitioner, v. PROVINCE OF CAMARINES SUR, REPRESENTED BY GOVERNOR LUIS RAYMUND F. VILLAFUERTE, JR. AND GAWAD KALINGA FOUNDATION, INC. REPRESENTED BY ITSEXECUTIVE DIRECTOR, JOSE LUIS OQUIŅENA,* AND ITS CAMARINES SUR CHAPTER HEAD, HARRY AZANA, Respondent.

  • G.R. No. 195196, July 13, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ESTANLY OCTA Y BAS, Accused-Appellant.

  • G.R. No. 215764, July 06, 2015 - RICHARD K. TOM, Petitioner, v. SAMUEL N. RODRIGUEZ, Respondent.

  • G.R. No. 196864, July 08, 2015 - SPOUSES VICTOR P. DULNUAN AND JACQUELINE P. DULNUAN, Petitioners, v. METROPOLITAN BANK & TRUST COMPANY, Respondent.

  • G.R. No. 206970, July 29, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO EDAŅO AND NESTOR EDAŅO, ACCUSED, ANTONIO EDAŅO, Accused-Appellant.

  • G.R. No. 192463, July 13, 2015 - OMAIRA LOMONDOT AND SARIPA LOMONDOT, Petitioners, v. HON. RASAD G. BALINDONG, PRESIDING JUDGE, SHARI'A DISTRICT COURT, 4TH SHARI'A JUDICIAL DISTRICT, MARAWI CITY, LANAO DEL SUR AND AMBOG PANGANDAMUN AND SIMBANATAO DIACA, Respondents.

  • G.R. No. 204089, July 29, 2015 - GRACE BORGOŅA INSIGNE, DIOSDADO BORGOŅA, OSBOURNE BORGOŅA, IMELDA BORGOŅA RIVERA, AND ARISTOTLE BORGOŅA, Petitioners, v. ABRA VALLEY COLLEGES, INC. AND FRANCIS BORGOŅA, Respondents.

  • G.R. No. 207098, July 08, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NONIETO GERSAMIO, Accused-Appellant.

  • G.R. No. 212929, July 29, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ENRIQUE GALVEZ, Accused-Appellant.

  • G.R. No. 191894, July 15, 2015 - DANILO A. DUNCANO, Petitioner, v. HON. SANDIGANBAYAN (2ND DIVISION), AND HON. OFFICE OF THE SPECIAL PROSECUTOR, Respondents.

  • G.R. Nos. 163356-57, July 01, 2015 - JOSE A. BERNAS, CECILE H. CHENG, VICTOR AFRICA, JESUS B. MARAMARA, JOSE T. FRONDOSO, IGNACIO T. MACROHON, JR., AND PAULINO T. LIM, ACTING IN THEIR CAPACITY AS INDIVIDUAL DIRECTORS OF MAKATI SPORTS CLUB, INC., AND ON BEHALF OF THE BOARD OF DIRECTORS OF MAKATI SPORTS CLUB, Petitioners, v. JOVENCIO F. CINCO, VICENTE R. AYLLON, RICARDO G. LIBREA, SAMUEL L. ESGUERRA, ROLANDO P. DELA CUESTA, RUBEN L. TORRES, ALEX Y. PARDO, MA. CRISTINA SIM, ROGER T. AGUILING, JOSE B. QUIMSON, CELESTINO L. ANG, ELISEO V. VILLAMOR, FELIPE L. GOZON, CLAUDIO B. ALTURA, ROGELIO G. VILLAROSA, MANUEL R. SANTIAGO, BENJAMIN A. CARANDANG, REGINA DE LEON-HERLIHY, CARLOS Y. RAMOS, JR., ALEJANDRO Z. BARIN, EFRENILO M. CAYANGA AND JOHN DOES, Respondents.; G.R. NOS. 163368-69 - JOVENCIO F. CINCO, RICARDO G. LIBREA AND ALEX Y. PARDO, Petitioners, v. JOSE A. BERNAS, CECILE H. CHENG AND IGNACIO A. MACROHON, Respondents.

  • A.M. No. RTJ-15-2422 [Formerly OCA I.P.I. No. 13-4129-RTJ], July 20, 2015 - FLOR GILBUENA RIVERA, Complainant, v. HON. LEANDRO C. CATALO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 256, MUNTINLUPA CITY, Respondent.

  • G.R. No. 204117, July 01, 2015 - CHINA BANKING CORPORATION, Petitioner, v. CITY TREASURER OF MANILA, Respondent.

  • A.M. No. P-15-3347 [Formerly OCA IPI No. 13-4067-P], July 29, 2015 - AMADEL C. ABOS, Complainant, v. SALVADOR A. BORROMEO IV, CLERK III, REGIONAL TRIAL COURT, BR. 45, SAN JOSE, OCCIDENTAL MINDORO, Respondent.

  • G.R. No. 200558, July 01, 2015 - CONSUELO V. PANGASINAN AND ANNABELLA V. BORROMEO, Petitioners, v. CRISTINA DISONGLO-ALMAZORA, RENILDA ALMAZORA-CASUBUAN, RODOLFO CASUBUAN, SUSANA ALMAZORA-MENDIOLA, CARLOS MENDIOLA, CECILIO ALMAZORA AND NEN1TA ALMAZORA, Respondents.

  • G.R. No. 192024, July 01, 2015 - FORTUNE TOBACCO ORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 195166, July 08, 2015 - SPOUSES SALVADOR ABELLA AND ALMA ABELLA, Petitioners, v. SPOUSES ROMEO ABELLA AND ANNIE ABELLA, Respondents.

  • G.R. No. 213104, July 29, 2015 - PEOPLE OF THE PHILIPPINES, Petitioner, v. PO1 CYRIL A. DE GRACIA, Respondent.

  • G.R. No. 196853, July 13, 2015 - ROBERT CHUA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 211882, July 29, 2015 - ELBURG SHIPMANAGEMENT PHILS., INC., ENTERPRISE SHIPPING AGENCY SRL AND/OR EVANGELINE RACHO, Petitioners, v. ERNESTO S. QUIOGUE, JR., Respondent.

  • G.R. No. 212025, July 01, 2015 - EXCELLENT QUALITY APPAREL, INC., Petitioner, v. VISAYAN SURETY & INSURANCE CORPORATION, AND FAR EASTERN SURETY & INSURANCE CO., INC., Respondents.

  • G.R. No. 198436, July 08, 2015 - PIONEER INSURANCE SURETY CORPORATION, Petitioner, v. MORNING STAR TRAVEL & TOURS, INC., ESTELITA CO WONG, BENNY H. WONG, ARSENIO CHUA, SONNY CHUA, AND WONG YAN TAK, Respondents.

  • G.R. No. 187491, July 08, 2015 - FAR EAST BANK AND TRUST COMPANY, Petitioner, v. LILIA S. CHUA, Respondent.

  • G.R. No. 209822, July 08, 2015 - DIONISIO DACLES,* Petitioner, v. MILLENIUM ERECTORS CORPORATION AND/OR RAGAS TIU, Respondents.

  • G.R. No. 163362, July 08, 2015 - ALEJANDRA ARADO HEIRS: JESUSA ARADO, VICTORIANO ALCORIZA, PEDRO ARADO, HEIRS: JUDITHO ARADO, JENNIFER ARADO, BOBBIE ZITO ARADO, SHIRLY ABAD, ANTONIETA ARADO, NELSON SOMOZA, JUVENIL ARADO, NICETAS VENTULA, AND NILA ARADO, PEDRO ARADO, TOMASA V. ARADO, Petitioners, v. ANACLETO ALCORAN AND ELENETTE SUNJACO, Respondents.

  • G.R. No. 202262, July 08, 2015 - JOSE C. GO, GOTESCO PROPERTIES, INC., GO TONG ELECTRICAL SUPPLY, INC., EVER EMPORIUM, INC., EVER GOTESCO RESOURCES AND HOLDINGS, INC., GOTESCO TYAN MING DEVELOPMENT, INC., EVERCREST CEBU GOLF CLUB, NASUGBU RESORTS, INC., GMCC UNITED DEVELOPMENT CORPORATION, AND GULOD RESORT, INC., Petitioners, v. BANGKO SENTRAL NG PILIPINAS, AND REGISTER OF DEEDS OF NASUGBU BATANGAS, Respondents.

  • G.R. No. 156022, July 06, 2015 - AURELLANO AGNES, EDUARDO AGNES, ESPIRITU AGNES, ESTELLA AGNES, PANTALEON AGNES, FILOTEO APUEN, IMELDA APUEN, MOISES APUEN, ROGELIO APUEN, GONZALO AUSTRIA, JAVIER AUSTRIA, BONIFACIO EGUIA, LYDIA EGUIA, MANUEL GABARDA, SR., MELECIO GARCIA, CRISTOBAL LOQUIB, MARIA LOQUIB, MATERNO LOQUIB, GEORGE MACANAS, MODESTO MANLEBTEN, JUANITO AUSTRIA, CONCHITA BERNAL, AURELIO BERNAL, PABLITO BOGANTE, FELICIANO CANTON, ALFREDO CANETE, CECILIA CANETE, CHERRY DE MESA, ROBERTO NOVERO, PERLITO PABIA, RODRIGO SABROSO, JUAN TALORDA, AND RAFAELA TRADIO, Petitioners, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 209786, July 06, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JERRY C. PALOTES, Accused-Appellant.

  • G.R. No. 196461, July 15, 2015 - WARLITO C. VICENTE, Petitioner, v. ACIL CORPORATION, Respondent.

  • G.R. No. 203961, July 29, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODERICK LICAYAN, ROBERTO LARA AND ROGELIO "NOEL" DELOS REYES, Accused-Appellants.

  • G.R. No. 215555, July 29, 2015 - CENTRAL AZUCARERA DE BAIS, INC. AND ANTONIO STEVEN L. CHAN, Petitioners, v. JANET T. SIASON, Respondent.

  • G.R. No. 183681, July 27, 2015 - SPO2 ROLANDO JAMACA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 205575, July 22, 2015 - VISAYAN ELECTRIC COMPANY EMPLOYEES UNION-ALU-TUCP AND CASMERO MAHILUM, Petitioners, v. VISAYAN ELECTRIC COMPANY, INC. (VECO), Respondent.

  • G.R. No. 201892, July 22, 2015 - NORLINDA S. MARILAG, Petitioner, v. MARCELINO B. MARTINEZ, Respondent.

  • G.R. No. 205926, July 22, 2015 - ALVIN COMERCIANTE Y GONZALES, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 211972, July 22, 2015 - WILSON GO AND PETER GO, Petitioners, v. THE ESTATE OF THE LATE FELISA TAMIO DE BUENAVENTURA, REPRESENTED BY RESURRECCION A. BIHIS, RHEA A. BIHIS, AND REGINA A. BIHIS; AND RESURRECCION A. BIHIS, RHEA A. BIHIS AND REGINA A. BIHIS, M THEIR PERSONAL CAPACITIES, Respondents.; G.R. No. 212045 - BELLA A. GUERRERO, DELFIN A. GUERRERO, JR. AND LESTER ALVIN A. GUERRERO, Petitioners, v. THE ESTATE OF THE LATE FELISA TAMIO DE BUENAVENTURA, HEREIN REPRESENTED BY RESURRECION A. BIHIS, RHEA A. BIHIS AND REGINA A. BIHIS, AND RESURRECION A. BIHIS, RHEA A. BIHIS AND REGINA A. BIHIS, IN THEIR PERSONAL CAPACITIES, Respondents.

  • G.R. No. 212865, July 15, 2015 - HORACIO SALVADOR, Petitioner, v. LISA CHUA, Respondent.

  • G.R. No. 207843, July 15, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. COURT OF TAX APPEALS (SECOND DIVISION) AND PETRON CORPORATION,* Respondents.

  • G.R. No. 182814, July 15, 2015 - LIGAYA MENDOZA AND ADELIA MENDOZA, Petitioners, v. THE HONORABLE COURT OF APPEALS (EIGHT DIVISION), HONORABLE JUDGE LIBERATO C. CORTEZ AND BANGKO KABAYAN (FORMERLY IBAAN RURAL BANK, INC., Respondents.

  • G.R. No. 205228, July 15, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff and Appellee, v. ROLLY ADRIANO Y SAMSON, LEAN ADRIANO @ DENDEN, ABBA SANTIAGO Y ADRIANO, JOHN DOE AND PETER DOE, ACCUSED, ROLLY ADRIANO Y SAMSON, Accused-Appellant.

  • G.R. No. 208928, July 08, 2015 - ANDY ANG, Petitioner, v. SEVERINO PACUNIO, TERESITA P. TORRALBA, SUSANA LOBERANES, CHRISTOPHER N. PACUNIO, AND PEDRITO P. AZARCON, REPRESENTED BY THEIR ATTORNEY-IN-FACT, GALILEO P. TORRALBA, Respondents.

  • G.R. No. 202632, July 08, 2015 - ROBERTO STA. ANA DY, JOSE ALAINEO DY, AND ALTEZA A. DY FOR THEMSELVES AND AS HEIRS/SUBSTITUTES OF DECEASED-PETITIONER CHLOE ALINDOGAN DY, Petitioners, v. BONIFACIO A. YU, SUSANA A. TAN, AND SOLEDAD ARQUILLA SUBSTITUTING DECEASED-RESPONDENT ROSARIO ARQUILLA, Respondents.

  • G.R. No. 169158, July 01, 2015 - PENTAGON INTERNATIONAL SHIPPING SERVICES, INC., Petitioner, v. THE COURT OF APPEALS, FILOMENO V. MADRIO, LUISITO G. RUBIANO, JDA INTER-PHIL. MARITIME SERVICES CORPORATION, Respondents.

  • A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 - JUN B. LUNA, Complainant, v. ATTY. DWIGHT M. GALARRITA, Respondent.

  • G.R. No. 209464, July 01, 2015 - DANDY L. DUNGO AND GREGORIO A. SIBAL, JR., Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 160033, July 01, 2015 - TAGAYTAY REALTY CO., INC., Petitioner, v. ARTURO G. GACUTAN, Respondent.

  • G.R. No. 175733, July 08, 2015 - WESTMONT BANK (NOW UNITED OVERSEAS BANK PHILS.*) Petitioner, v. FUNAI PHILIPPINES CORPORATION, SPOUSES ANTONIO AND SYLVIA YUTINGCO, PANAMAX CORPORATION, PEPITO ONG NGO, RICHARD N. YU, AIMEE R. ALBA, ANNABELLE BAESA, NENITA RESANE, AND MARIA ORTIZ, Respondents.; G.R. No. 180162 - CARMELO V. CACHERO, Petitioner, v. UNITED OVERSEAS BANK PHILS. AND/OR WESTMONT BANK, Respondents.

  • G.R. No. 212049, July 15, 2015 - MAGSAYSAY MARITIME CORPORATION, PRINCESS CRUISE LINES, MARLON R. ROŅO AND "STAR PRINCESS," Petitioners, v. ROMEO V. PANOGALINOG, Respondent.

  • G.R. No. 155580, July 01, 2015 - ROMEO T. CALUZOR, Petitioner, v. DEOGRACIAS LLANILLO AND THE HEIRS OF THE LATE LORENZO LLANILLO, AND MOLDEX REALTY CORPORTATION, Respondents.

  • G.R. No. 197127, July 15, 2015 - NOEL L. ONG, OMAR ANTHONY L. ONG, AND NORMAN L. ONG, Petitioners, v. NICOLASA O. IMPERIAL, DARIO R. ECHALUCE, ROEL I. ROBELO, SERAFIN R. ROBELO, EFREN R. ROBELO, RONILO S. AGNO, LORENA ROBELO, ROMEO O. IMPERIAL, NANILON IMPERIAL CORTEZ, JOVEN IMPERIAL CORTEZ, AND RODELIO O. IMPERIAL, Respondents.

  • G.R. No. 159271, July 13, 2015 - SPOUSES BENITO BAYSA AND VICTORIA BAYSA, Petitioners, v. SPOUSES FIDEL PLANTILLA AND SUSAN PLANTILLA, REGISTER OF DEEDS OF QUEZON CITY, AND THE SHERIFF OF QUEZON CITY, Respondents.

  • G.R. No. 181426, July 13, 2015 - GAMES AND GARMENTS DEVELOPERS, INC., Petitioner, v. ALLIED BANKING CORPORATION, Respondent.

  • G.R. No. 167510, July 08, 2015 - ALVIN MERCADO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 160206, July 15, 2015 - M/V "DON MARTIN" VOY 047 AND ITS CARGOES OF 6,500 SACKS OF IMPORTED RICE, PALACIO SHIPPING, INC., AND LEOPOLDO "JUNIOR" PAMULAKLAKIN, Petitioners, v. HON. SECRETARY OF FINANCE, BUREAU OF CUSTOMS, AND THE DISTRICT COLLECTOR OF CAGAYAN DE ORO CITY, Respondents.

  • G.R. No. 159271, July 13, 2015 - SPOUSES BENITO BAYSA AND VICTORIA BAYSA, Petitioners, v. SPOUSES FIDEL PLANTILLA AND SUSAN PLANTILLA, REGISTER OF DEEDS OF QUEZON CITY, AND THE SHERIFF OF QUEZON CITY, Respondents.

  • G.R. No. 181426, July 13, 2015 - GAMES AND GARMENTS DEVELOPERS, INC., Petitioner, v. ALLIED BANKING CORPORATION, Respondent.

  • G.R. No. 160206, July 15, 2015 - M/V "DON MARTIN" VOY 047 AND ITS CARGOES OF 6,500 SACKS OF IMPORTED RICE, PALACIO SHIPPING, INC., AND LEOPOLDO "JUNIOR" PAMULAKLAKIN, Petitioners, v. HON. SECRETARY OF FINANCE, BUREAU OF CUSTOMS, AND THE DISTRICT COLLECTOR OF CAGAYAN DE ORO CITY, Respondents.

  • G.R. No. 167510, July 08, 2015 - ALVIN MERCADO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 172980, July 22, 2015 - CELSO F. PASCUAL, SR. AND SERAFIN TERENCIO, Petitioners, v. CANIOGAN CREDIT AND DEVELOPMENT COOPERATIVE, REPRESENTED BY ITS CHAIRMAN OF THE BOARD, JOSE ANTONIO R. LEE, ATTY. VENANCIO C. REYES, JR., AND NESTOR P. TINIO, Respondents.

  • G.R. No. 203928, July 22, 2015 - CE CASECNAN WATER AND ENERGY COMPANY, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 205681, July 01, 2015 - JANET CARBONELL, Petitioner, v. JULITA A. CARBONELL-MENDES, REPRESENTED BY HER BROTHER AND ATTORNEY-IN-FACT, VIRGILIO A. CARBONELL, Respondent.

  • G.R. No. 208686, July 01, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. ALELIE TOLENTINO A.K.A. "ALELIE TOLENTINO Y HERNANDEZ," Appellant.

  • G. R. No. 209845, July 01, 2015 - MELCHOR G. MADERAZO AND DIONESIO R. VERUEN, JR., Petitioners, v. PEOPLE OF THE PHILIPPINES AND SANDIGANBAYAN, Respondents.

  • G.R. No. 210341, July 01, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. JOSEFINO O. ALORA AND OSCAR O. ALORA, Respondent.

  • A.M. No. P-14-3182, July 01, 2015 - ATTY. AURORA P. SANGLAY, Complainant, v. EDUARDO E. PADUA II, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 29, SAN FERNANDO CITY, LA UNION, Respondent.

  • A.M. No. P-12-3101, July 01, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. BEATRIZ E. LIZONDRA, COURT INTERPRETER II AND OFFICER-IN-CHARGE, CLERK OF COURT, MUNICIPAL TRIAL COURT IN CITIES, TABUK CITY, KALINGA, Respondent.

  • G.R. No. 181517, July 06, 2015 - GREEN STAR EXPRESS, INC. AND FRUTO SAYSON, JR., Petitioners, v. NISSIN-UNIVERSAL ROBINA CORPORATION, Respondent.

  • G.R. No. 190134, July 08, 2015 - SPOUSES ROGELIO AND SHIRLEY T. LIM, AGUSAN INSTITUTE OF TECHNOLOGY, REPRESENTED BY DR. SHIRLEY T. LIM, PRESIDENT AND AS ATTORNEY-IN-FACT OF FELIX A. CUENCA, MARY ANN M. MALOLOT, AND REY ADONIS M. MEJORADA, Petitioners, v. HONORABLE COURT OF APPELAS, TWENTY-SECOND DIVISION, CAGAYAN DE ORO CITY, MINDANAO STATION; SHERIFF ARCHIBALD C. VERGA, AND HIS DEPUTIES, REGIONAL TRIAL COURT, BRANCH 33, HALL OF JUSTICE, LIBERTAD, BUTUAN CITY; AND FIRST CONSOLIDATED BANK, Respondent.

  • G.R. NO. 193058, July 08, 2015 - EDGAR C. NUQUE, Petitioner, v. FIDEL AQUINO AND SPOUSES ALEJANDRO AND ERLINDA BABINA, Respondent.

  • A.C. No. 10687, July 22, 2015 - MABINI COLLEGES, INC. REPRESENTED BY MARCEL N. LUKBAN, ALBERTO I. GARCIA, JR., AND MA. PAMELA ROSSANA A. APUYA, Complainant, v. ATTY. JOSE D. PAJARILLO, Respondent.

  • G.R. No. 187631, July 08, 2015 - BATANGAS CITY, MARIA TERESA GERON, IN HER CAPACITY AS CITY TREASURER OF BATANGAS CITY AND TEODULFO A. DEGUITO, IN HIS CAPACITY AS CITY LEGAL OFFICER OF BATANGAS CITY, Petitioners, v. PILIPINAS SHELL PETROLEUM CORPORATION, Respondent.

  • G.R. No. 212194, July 06, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROD FAMUDULAN Y FEDELIN, Accused-Appellant.

  • G.R. No. 212205, July 06, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. OBALDO BANDRIL Y TABLING, Accused-Appellant.

  • G.R. No. 216691, July 21, 2015 - MARIA ANGELA S. GARCIA, Petitioner, v. COMMISSION ON ELECTIONS AND JOSE ALEJANDRE P. PAYUMO III, Respondent.

  • A.C. No. 10207, July 21, 2015 - RE: DECISION DATED 17 MARCH 2011 IN CRIMINAL CASE NO. SB-28361 ENTITLED "PEOPLE OF THE PHILIPPINES, Petitioner, v. JOSELITO C. BARROZO" FORMER ASSISTANT PROSECUTOR JOSELITO C. BARROZO, Respondent.

  • G.R. No. 201110, July 06, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JEFFREY VICTORIA Y CRISTOBAL, Accused-Appellant.

  • G.R. No. 183735, July 06, 2015 - SEGIFREDO T. VILCHEZ, Petitioner, v. FREE PORT SERVICE CORPORATION AND ATTY. ROEL JOHN T. KABIGTING, PRESIDENT, Respondent.

  • G.R. No. 200670, July 06, 2015 - CLARK INVESTORS AND LOCATORS ASSOCIATION, INC., Petitioner, v. SECRETARY OF FINANCE AND COMMISSIONER OF INTERNAL REVENUE, Respondents.

  • G.R. No. 197731, July 06, 2015 - HERMIE OLARTE Y TARUG, AND RUBEN OLAVARIO Y MAUNAO, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 208792, July 22, 2015 - BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. SPOUSES ROBERTO AND TERESITA GENUINO, Respondents.

  • A.C. No. 10187 [Formerly CBD Case No. 11-3053], July 22, 2015 - CELINA F. ANDRADA, Complainant, v. ATTY. RODRIGO CERA, Respondent.

  • G.R. No. 207435, July 01, 2015 - NORMA EDITA R. DY SUN-ONG, Petitioner, v. JOSE VICTORY R. DY SUN, Respondent.

  • A.M. No. RTJ-15-2417 [Formerly known as OCA IPI No. 10-3466-RTJ], July 22, 2015 - ELADIO D. PERFECTO, Complainant, v. JUDGE ALMA CONSUELO D. ESIDERA, Respondent.

  • G.R. No. 171247, July 22, 2015 - ALFREDO L. VILLAMOR, JR., Petitioner, v. HON. AMELIA C. MANALASTAS, PRESIDING JUDGE, RTC-PASIG CITY, BRANCH 268, AND LEONARDO S. UMALE [DECEASED] SUBSTITUTED BY HIS SPOUSE, CLARISSA VICTORIA UMALE, Respondents.

  • A.M. No. P-14-3257, July 22, 2015 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JOSE V. MENDOZA, CLERK OF COURT II, MUNICIPAL TRIAL COURT, GASAN, MARINDUQUE, Respondent.

  • G.R. No. 200773, July 08, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. ANGELINE L. DAYAOEN, AGUST1NA TAUEL, AND LAWANA T. BATCAGAN, Respondent.

  • G.R. No. 211535, July 22, 2015 - BANK OF COMMERCE, Petitioner, v. MARILYN P. NITE, Respondent.

  • G.R. No. 192099, July 08, 2015 - PAULINO M. EJERCITO, JESSIE M. EJERCITO AND JOHNNY D. CHANG, Petitioners, v. ORIENTAL ASSURANCE CORPORATION, Respondent.

  • G.R. No. 186322, July 08, 2015 - ENRICO S. EULOGIO AND NATIVIDAD V. EULOGIO, Petitioners, v. PATERNO C. BELL, SR., ROGELIA CALINGASAN-BELL, PATERNO WILLIAM BELL, JR., FLORENCE FELICIA VICTORIA BELL, PATERNO FERDINAND BELL III, AND PATERNO BENERAŅO BELL IV, Respondents.

  • G.R. Nos. 209353-54, July 06, 2015 - REPUBLIC OF THE PHILIPPINES, REP. BY THE COMMISSIONER OF CUSTOMS, Petitioner, v. PHILIPPINE AIRLINES, INC. (PAL), Respondent.; G.R. Nos. 211733-34 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PHILIPPINE AIRLINES, INC. (PAL), Respondent.

  • A.M. No. MTJ-14-1839, July 22, 2015 - ATTY. LUCITA E. MARCELO, Complainant, v. JUDGE PELAGIA J. DALMACIO-JOAQUIN, PRESIDING JUDGE, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 1, SAN JOSE DEL MONTE, BULACAN, Respondent.

  • G.R. No. 189262, July 06, 2015 - GBMLT MANPOWER SERVICES, INC., Petitioner, v. MA. VICTORIA H. MALINAO, Respondent.

  • G.R. No. 207286, July 29, 2015 - DELA ROSA LINER, INC. AND/OR ROSAURO DELA ROSA, SR. AND NORA DELA ROSA, Petitioners, v. CALIXTO B. BORELA AND ESTELO A. AMARILLE, Respondents.

  • G.R. No. 167679, July 22, 2015 - ING BANK N.V., ENGAGED IN BANKING OPERATIONS IN THE PHILIPPINES AS ING BANK N.V. MANILA BRANCH, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 210929, July 29, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. EDNA ORCELINO-VILLANUEVA, Respondent.

  • G.R. No. 190983, July 29, 2015 - SURENDRA GOBINDRAM DASWANI, Petitioner, v. BANCO DE ORO UNIVERSAL BANK AND REGISTER OF DEEDS OF MAKATI CITY, Respondent.

  • G.R. No. 185224, July 29, 2015 - AMELIA CARMELA CONSTANTINO ZOLETA, Petitioner, v. THE HONORABLE SANDIGANBAYAN [FOURTH DIVISION] AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 188698, July 22, 2015 - PEOPLE OF THE PHILIPPINES, Appellee, v. SONIA BERNEL NUARIN, Appellant.

  • G.R. No. 186305, July 22, 2015 - V-GENT, INC., Petitioner, v. MORNING STAR TRAVEL AND TOURS, INC., Respondent.

  • A.M. No. P-15-3304 (Formerly: OCA I.P.I No. 11-3670-P), July 01, 2015 - MELQUIADES A. ROBLES, Complainant, v. 1) CLERK OF COURT V DUKE THADDEUS R. MAOG, REGIONAL TRIAL COURT, BRANCH 155, PASIG CITY, 2) SHERIFF IV DOMINGO R. GARCIA, JR., REGIONAL TRIAL COURT, BRANCH 157, PASIG CITY., Respondents.

  • G.R. No. 172983, July 22, 2015 - FAR EAST BANK AND TRUST COMPANY, Petitioner, v. PHILIPPINE DEPOSIT INSURANCE CORPORATION, Respondent.

  • G.R. No. 175188, July 15, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. LA TONDEŅA DISTILLERS, INC. (LTDI [NOW GINEBRA SAN MIGUEL], Respondent.

  • G.R. No. 209137, July 01, 2015 - EDUARDO CELEDONIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 210412, July 29, 2015 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. KAMRAN F. KARBASI, Respondent.

  • G.R. No. 210646, July 29, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. AIR LIQUIDE PHILIPPINES, INC., Respondent.

  • G.R. No. 207791, July 15, 2015 - THE CITY OF DAVAO, REPRESENTED BY THE CITY TREASURER OF DAVAO CITY, Petitioner, v. THE INTESTATE ESTATE OF AMADO S. DALISAY, REPRESENTED BY SPECIAL ADMINISTRATOR ATTY. NICASIO B. PADERNA, Respondent.

  •  





     
     

    A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 - JUN B. LUNA, Complainant, v. ATTY. DWIGHT M. GALARRITA, Respondent.

      A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 - JUN B. LUNA, Complainant, v. ATTY. DWIGHT M. GALARRITA, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015

    JUN B. LUNA, Complainant, v. ATTY. DWIGHT M. GALARRITA, Respondent.

    D E C I S I O N

    LEONEN, J.:

    Before us is a disbarment Complaint against Atty. Dwight M. Galarrita for his failure to deliver to his client, complainant Jun B. Luna, the P100,000.00 settlement proceeds he received after entering into a Compromise Agreement in the foreclosure case without his client's consent.

    On April 7, 2010, Jun B. Luna (Luna) filed an Affidavit-Complaint1 against his lawyer, Atty. Dwight M. Galarrita (Atty. Galarrita), before the Integrated Bar of the Philippines.

    Luna alleged that he retained Atty. Galarrita's legal services in filing a foreclosure Complaint2 on October 14, 2002 before the Regional Trial Court of Gumaca, Quezon.3 The Complaint against one Jose Calvario (Calvario) alleged that Calvario borrowed P100,000.00 from Luna. This loan was secured by a Deed of Real Estate Mortgage4 over a parcel of land in Quezon Province.5 Due to non-payment of the loan, Luna filed the Complaint praying for payment of the obligation with interest, and issuance of a foreclosure decree upon Calvario's failure to fully pay within the period.6redarclaw

    The parties tried to amicably settle the case during pre-trial, followed by Luna's presentation and offer of evidence.7redarclaw

    Atty. Galarrita opted to enter into a settlement with the other party after his formal offer of evidence.8 They submitted the Kasunduan9 (Compromise Agreement) before the trial court on February 14, 2006.10 It provided that Calvario would pay Luna P105,000.00 as payment for his mortgaged land and, in turn, Luna would cause the removal of the encumbrance annotation on the land title.11 The trial court approved12 the Compromise Agreement in its February 20, 2006 Decision.13redarclaw

    Luna alleged that Atty. Galarrita never informed him of this Compromise Agreement, and did not deliver to him the P100,000.00 settlement proceeds Atty. Galarrita had received.14redarclaw

    Luna's Complaint attached a copy of the Counsel's Report15 dated August 12, 2003 where Atty. Galarrita proposed and provided justifications for settlement, and waived any compensation for his services in the case:16
    ChanRoblesVirtualawlibrary

    Please take note that Mr. Jose Calvario is willing, able and ready to pay you IN CASH the full amount of One Hundred Ten Thousand Pesos (Php110,000.00), no more no less. While we are aware that it's your desire to fight this case to its ultimate legal conclusion, allow us nonetheless, to present the pros and cons of having this case be amicably settled.

    Point One: He has in his possession the original copy of the checks you issued showing that upon signing of the Contract Of Real Estate Mortgage, he received from you Eighty Eight Thousand Pesos (Php88,000.00) only. Meaning, he has already paid in advance his interest of 12% or the equivalent of Twelve Thousand Pesos (Php12,000.00) when the contract was signed. Consequently, it is useless for us to argue before the court that his principal indebtedness amounted to One Hundred Thousand Pesos (Php100,000.00). Hence, if you accept the compromise settlement of One Hundred Ten Thousand Pesos (Php110,000.00), you stand to gain Twenty Two Thousand Pesos (Php22,000.00).

    . . . .

    Rest assured, your undersigned counsel leaves it to your better judgment as to whether he deserves to be paid for his legal services regarding this case against Mr. Jose Calvario.

    Repeat, I will no longer ask from you any compensation for my services regarding this case.17 (Emphasis in the original)
    Atty. Galarrita wrote Luna the following: Counsel's Reports, Requests for Funding, and Statements of Accounts in relation to case developments, retainer's fees, and reimbursement for expenses incurred.18redarclaw

    After learning of the settlement, Luna wrote Atty. Galarrita: "I was so surprised when you went into plea agreement for Compromise Agreement without my knowledge [a]nd beyond to [sic] what we had discussed."19 Atty. Galarrita replied through the Letter20 dated January 27, 2006, stating in part:LawlibraryofCRAlaw
    ChanRoblesVirtualawlibrary
    I entered into an amicable settlement with Mr. Jose Calvario because I am certain that in this kind of case, a compromise is better than WINNING it.

    Everything is transparent. You even told me that you are not interested to acquire the land that's why you signaled your approval of a compromise.

    I was hoping that you already understood my situation. As I have told you, I can't waste my time going to Gumaca every now and then. Traveling time is too precious for my cases here in Metro Manila.

    The point is: I did not receive any appearance fee for the numerous hearings conducted there despite sending several statements of accounts (SOA) to your office.

    If that's the case, why prolong the agony?

    Why bother after all to pursue this case when indeed, you are not interested to acquire the land and you are not bent in spending the right remuneration for your undersigned counsel?

    I have nothing to hide. The money will be deposited in my savings account because I just could not handle that amount of cash in my pocket.21
    In his Letter22 dated February 27, 2006, Luna wrote:LawlibraryofCRAlaw
    ChanRoblesVirtualawlibrary
    Yes I'm not interested with that lot in Quezon, [and this is] the reason why I'm the one who propose to them [that] [w]e settle this case on our own without any lawyer, they are the one[s] who insist to go to Court. . . . This is what we come out to [p]ropose to them, with the right amount to cover all those only been spent including Acceptance fee. You even waive[d] your fee on this, for every hearing which I couldn't understand, [y]et we end up that we still going [sic] to pursue this case, it was discussed during my trip there. [This is] [t]he reason I'm too surprised with your plea Agreement without my knowledge.23
    Luna mentioned that the delay in retainer's fee payments was due to Atty. Galarrita's negligence in handling the case.24redarclaw

    In his Letter25 of the same date, Atty. Galarrita explained: "The reason this case was archived [was] because I could not attend several hearings for lack of meal and transport allowance going to Gumaca, Quezon. . . . that's moot and academic because this case was not dismissed by the court, at all."26 Atty, Galarrita then stated that "[f]or all my shortcomings as a lawyer, I now ask forgiveness. . . . But let it not be said that I betrayed you and your cases."27redarclaw

    In August 2009, Luna received a letter from one of the heirs of Jose Calvario, Emma C. Tayag, seeking delivery of the land title since they paid the P100,000.00 settlement amount.28 Another heir, Lutchiare Calvario, wrote Luna in September 2009 again demanding delivery of title.29redarclaw

    Luna alleged in his Affidavit-Complaint that Atty. Galarrita has not remitted the P100,000.00 to date.30 He prays for Atty. Galarrita's disbarment.31redarclaw

    In his Verified Answer,32 Atty. Galarrita prays for the dismissal of the disbarment Complaint.33 He argues that he entered the Compromise Agreement by virtue of a Special Power of Attorney34 that includes this purpose.35 He regularly submitted reports to Luna on developments and possible settlement before he entered the Compromise Agreement.36 He submits that Luna "'slept' on his rights."37redarclaw

    Atty. Galarrita adds that under their General Retainership Agreement,38 Luna shall pay him P4,000.00 monthly.39 Luna should have paid P48,000.00 as of November 17, 2006, and after four years with no revocation, termination, or nullification, Luna's unpaid obligation amounted to P208,000.00.40 He listed other unpaid amounts for his legal services.41 Atty. Galairrita, thus, argues for an application of the rule on retaining lien.42redarclaw

    Atty. Galarrita also raises the two-year prescription under Rule VIII, Section 1 of the Rules of Procedure of the Integrated Bar of the Philippines Commission on Bar Discipline.43 More than four years elapsed since their last communication in 2006 when the Compromise Agreement became final.44redarclaw

    In his December 4, 2010 Report and Recommendation,45 the Integrated Bar of the Philippines Investigating Commissioner46 found that Atty. Galarrita violated Rule 16.03 of the Code of Professional Responsibility and recommended "his suspension from the practice of law for a period of one (1) year[.]"47redarclaw

    The Integrated Bar of the Philippines Board of Governors, in its April 15, 2013 Resolution No. XX-2013-441,48 adopted and approved with modification the Investigating Commissioner's Report and Recommendation in that Atty. Galarrita is recommended to be "suspended from the practice of law for six (6) months and [o]rdered to [r]etum the amount of One Hundred Thousand (P100,000.00) Pesos to complainant without prejudice to the filing of a collection case for retainer's fee against complainant."49 The Board of Governors denied reconsideration in its May 3, 2014 Resolution No. XXI-2014-270.50redarclaw

    The Office of the Bar Confidant reported that "no motion for reconsideration or petition for review was filed as of November 17, 2014."51 In any case, it is this court that has the authority to discipline members of the bar.52redarclaw

    The issue for resolution is whether respondent Atty. Galarrita should be held administratively liable for entering into a Compromise Agreement without his client complainant Luna's consent, then refusing to turn over the settlement proceeds received.

    This court acknowledges the recommendation of the Integrated Bar of the Philippines Board of Governors, with modification increasing the period of suspension from the practice of law to two (2) years.

    I

    Those in the legal profession must always conduct themselves with honesty and integrity in all their dealings.53redarclaw

    Lawyers should maintain, at all times, "a high standard of legal proficiency, morality, honesty, integrity and fair dealing, and must perform their four-fold duty to society, the legal profession, the courts and their clients, in accordance with the values and norms embodied in the Code [of Professional Responsibility]."54redarclaw

    Members of the bar took their oath to conduct themselves "according to the best of [their] knowledge and discretion with all good fidelity as well to the courts as to [their] clients[,]"55 and to "delay no man for money or malice[.]"56redarclaw

    These mandates apply especially to dealings of lawyers with their clients considering the highly fiduciary nature of their relationship.57 Clients entrust their causes—life, liberty, and property—to their lawyers, certain that this confidence would not be abused.

    Complainant Luna entrusted respondent Atty. Galarrita with handling the civil case involving a mortgaged land in Quezon Province. However, without complainant Luna's consent, respondent Atty. Galarrita settled this case with the other party.

    Article 1878 of the Civil Code provides that "[s]pecial powers of attorney are necessary in the following cases: . . . (3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired[.]"

    The Rules of Court thus requires lawyers to secure special authority from their clients when entering into a compromise agreement that dispenses with litigation:LawlibraryofCRAlaw
    ChanRoblesVirtualawlibrary
    SEC. 23. Authority of attorneys to bind clients. - Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing and in taking appeals, and in all matters of ordinary judicial procedure. But they cannot, without special authority, compromise their client's litigation, or receive anything in discharge of a client's claim but the full amount in cash.58 (Emphasis supplied)
    Atty. Galarrita contends that he holds a Special Power of Attorney to enter into compromise agreements, but as found by the Investigating Commissioner:LawlibraryofCRAlaw
    ChanRoblesVirtualawlibrary
    There seems to be a compelling reason to believe that Complainant had not given any authority for the Complainant [sic] to enter into Compromise Agreement at that precise stage of the trial. Firstly, the Complainant was not made a party to the Compromise Agreement despite the fact that he was not abroad when the agreement was executed. Secondly, there was no indication that he had agreed to the amount of P100,000.00 in exchange for his withdrawal of the complaint. Thirdly, he was not seasonably informed of the execution of the Compromise Agreement/payment of the P100,000.00 and came to know of the same only much later.

    Respondent argued that Complainant had previously executed a Special Power of Attorney wherein he authorized the former to "enter into possible amicable settlement or submit any matter to arbitration and alternative modes of dispute resolution, simplification of the issues, the necessity of amendment to the pleadings, the possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof the limitation of the number of witnesses, the advisability of preliminary reference of issues to a commissioner, the propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist, the advisability of suspending the proceedings, offer matters that may properly be considered under Rule 18 of the 1997 Rules on Civil Procedure." It would seem, however, that despite the authority given to Respondent, the same SPA cannot justify Respondent's representation in the Compromise Agreement on February 14, 2006. To dissect, the SPA was executed on September 16, 2002 or a month before the filing of the Complaint for Foreclosure of Mortgage. Thus, the conclusion seems to be that the authority given therein to Respondent to enter into a possible settlement referred only to a possible settlement that could be secured or firmed up during the preliminary conference or pre-trial of the case. In fact, the tenor of the SPA indicates that the SPA was precisely executed in order to constitute Respondent as Complainant's representative during the preliminary conference or pre-trial.

    Assuming it can be inferred that the SPA and the authority given to Respondent can be liberally interpreted and allowed to extend up to the time the Compromise had been executed, still the Respondent may not have faithfully performed his sworn duty to his client. During the mandatory conference, it was established that at the time the compromise was executed the Complainant was not abroad and, therefore, given the current information technology it would have been easy or convenient for Respondent to have informed his client about it. Admittedly, his failure in this regard had only given Complainant the reason to cast doubt on his real intention in agreeing to the compromise agreement for and in his behalf.

    It would seem, however, that by Complainant's act of demanding the amount from Respondent, the former may have already ignored the issue on the lack of authority on his part thus curing the defect on the latter's authority to enter into the same.59 (Emphasis supplied, citation omitted)
    Rule 1.01 of the Code of Professional Responsibility states that "[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct."60 Members of the bar must always conduct themselves in a way that promotes "public confidence in the integrity of the legal profession."61redarclaw

    Even though complainant Luna effectively abandoned the issue on respondent Atty. Galarrita's lack of authority to compromise the civil case when he demanded the payment of the settlement proceeds, this does not erase his acts of abusing the trust and confidence reposed in him by complainant Luna.

    II

    Worse, respondent Atty. Galarrita not only failed to promptly inform complainant Luna of the former's receipt of the P100,000.00 settlement proceeds but also refused to turn over the amount to complainant Luna.

    This court has held that "any money collected for the client or other trust property coming into the lawyer's possession should promptly be reported by him [or her]."62 ( Rule 16.03 under Canon 6 of the Code of Professional Responsibility provides that:LawlibraryofCRAlaw
    ChanRoblesVirtualawlibrary
    CANON 16 - A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.

    . . . .

    Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court.
    In several cases, we have disciplined lawyers who failed or refused to remit amounts received for and on behalf of their clients. "The penalty for violation of Canon 16 of the Code of Professional Responsibility usually ranges from suspension for six months, to suspension for one year, or two years, and even disbarment[,]"63 depending on the circumstances of each case.

    In Villanueva v. Atty. Ishiwata,64 respondent received four checks totalling P225,000.00 from his client's employer after signing a Quitclaim and Release pursuant to their compromise agreement.65 Despite full payment of settlement award, respondent only remitted P45,000.00 to his client and refused to deliver the balance.66 Respondent explained that he delivered P90,000.00 to his client's wife, but his secretary misplaced the signed receipts, and he deducted his 25% attorney's fees of P56,250.00 from the award.67 The balance left was only P750.00.68 This court found Atty. Ishiwata guilty of violating Canon 16 of the Code of Professional Responsibility, suspended him from the practice of law for one (1) year, and ordered him to restitute to complainant the amount of PI54,500.00 representing the balance after P45,000.00 and the 10% attorney's fees had been deducted from the settlement award.69redarclaw

    In Aldovino v. Atty. Pujalte, Jr.,70 respondent received P1,001,332.26 from the Branch Clerk of Court corresponding to the six shares of his clients in the estate of their deceased mother, but respondent only delivered P751,332.26 to his clients.71 Respondent explained that he deducted P250,000.00 as his attorney's fees, while complainants countered that respondent could only retain P14,000.00 as they already paid him P86,000.00 for his services.72 This court found Atty. Pujalte, Jr. guilty of violating Canon 16 of the Code of Professional Responsibility, suspended him from the practice of law for one (1) year, and ordered him to return to complainants the amount of P236,000.00.73redarclaw

    In Almendarez, Jr. v. Atty. Langit,74 respondent received P255,000.00 from the Officer-in-Charge Clerk of Court representing the monthly rentals deposited by the other party in the ejectment case respondent handled for his client.75 Respondent did not inform his client of this transaction and failed to reply to the final demand letter for accounting.76 Respondent did not file an Answer to the administrative Complaint despite notice, and failed to appear at the mandatory conference.77 This court found Atty. Langit guilty of violating Canons 1, 11, 16, and 17 of the Code of Professional Responsibility, suspended him from the practice of law for two (2) years, and ordered him to restitute to complainant the amount of P255,000.00 with 12% interest per annum.78redarclaw

    In Bayonla v. Reyes,79 respondent should have delivered to her clients the amount of P123,582.67—the net amount of Bayonla's share in the expropriation compensation after deducting respondent's 40% share as attorney's fees—but respondent only delivered P79,000.00 and refused to remit the P44,582.67 shortage.80 This court found Atty. Reyes guilty of violating Rules 16.01 and 16.03 of the Code of Professional Responsibility, suspended her from the practice of law for two (2) years, ordered her to pay complainants the amount of P44,582.67 with 12% interest per annum, and render accounting and inventory.81redarclaw

    In Jinon v. Jiz,82 respondent received P45,000.00 from his client for transfer of title expenses.83 His client later learned that respondent had been collecting the rentals from the property amounting to P12,000.00, yet respondent only turned over P7,000.00.84 Complainant terminated respondent's legal services and demanded the return of the amounts.85 Respondent countered that his legal services covered negotiation and sale of the property for a fee of P75,000.00.86 This court found Atty. Jiz guilty of violating Rules 16.01, 16.03, and 18.03 of the Code of Professional Responsibility, suspended him from the practice of law for two (2) years, and ordered him to pay complainant the amount of P45,000.00 with 6% legal interest per annum from date of demand until finality of Decision, then 12% until fully paid.87redarclaw

    In this case, respondent Atty. Galarrita entered into the Compromise Agreement involving complainant Luna's property without informing him. Even though complainant Luna forewent the lack of authority issue, respondent Atty. Galarrita still continued to act in bad faith by refusing to turn over the P100,000.00 settlement amount received. The Integrated Bar of the Philippines Investigating Commissioner found that:LawlibraryofCRAlaw
    ChanRoblesVirtualawlibrary
    On another point, there seems no cogent proof, too, that Respondent had been advised of Complainant's supposed agreement to Mr. Calvario's payment of P100,000.00. Despite R[es]pondent's allegations that he had informed Complainant about his so-called counsel's report, it remains undisputed that the Complainant did not give him any express approval of the same.

    There is to the undersigned enough indicia to conclude that Respondent had committed bad faith in entering into the Compromise Agreement. From February 2006 to November 2010, or a period of four (4) years, Respondent failed to turn-over the P100,000.00 he had collected from Mr. Calvario to Complainant. Worse, he failed to seasonably inform Complainant about the same. He kept the money and claimed he had the right to retain the same invoking the counsel's right to a retaining line [sic]. He pointed out that Complainant had incurred accrued attorney's fees which he is bound to pay under the general retainer agreement. Thus, it is not amiss to state that he entered into the said agreement with the odious motivation to hold on to it and pave the way for the payment of his attorney's fees. In so doing, he violated the trust reposed in him by his client and violated Rule 16.03 of the Code of [Professional Responsibility.

    As to Respondent's invocation of the lawyer's retaining lien and his retention of the money, the undersigned deems the same unlawful. True, the Code of Professional Responsibility allows the lawyer to apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client." But this provision assumes that the client agrees with the lawyer as to the amount of attorney's fees and as to the application of the client's fund to pay his lawful fees and disbursements, in which case he may deduct what is due him and remit the balance to his client, with full disclosure on every detail. Without the client's consent, the lawyer has no authority to apply the client's money for his fees, but he should instead return the money to his client, without prejudice to his filing a case to recover his unsatisfied fees.

    . . . .

    On Respondent's argument that prescription has already set in against Complainant, suffice it to state that the rules have already been supplanted by a new set of rules which do not anymore carry the same.88 (Emphasis supplied, citations omitted)
    Administrative proceedings require only substantial evidence.89 This court accepts and adopts the findings of the Integrated Bar of the Philippines Board of Governors, but with modification increasing the period of suspension from the practice of law to two (2) years considering that respondent Atty. Galarrita not only compromised litigation without complainant Luna's consent, but also refused to turn over the settlement proceeds to date.

    III

    This court sustains the order for respondent Atty. Galarrita to return the amount of P100,000.00 to complainant Luna.

    In Ronquillo v. Atty. Cezar,90 the parties entered a Deed of Assignment after which respondent received 1*937,500.00 from complainant as partial payment for the townhouse and lot.91 However, respondent did not turn over this .amount to developer Crown Asia, and no copy of the Contract to Sell was given to complainant.92 This court suspended Atty. Cezar from the practice of law for three (3) years, but did not grant complainant's prayer for the return of the P937,500.00.93redarclaw

    Ronquillo held that "[disciplinary proceedings against lawyers do not involve a trial of an action, but rather investigations by the court into the conduct of one of its officers."94 Thus, disciplinary proceedings are limited to a determination of "whether or not the attorney is still fit to be allowed to continue as a member of the Bar."95redarclaw

    Later jurisprudence clarified that this rule excluding civil liability determination from disciplinary proceedings "remains applicable only to claimed liabilities which are purely civil in nature — for instance, when the claim involves moneys received by the lawyer from his client in a transaction separate and distinct [from] and not intrinsically linked to his professional engagement."96 This court has thus ordered in administrative proceedings the return of amounts representing legal fees.

    This court has also ordered restitution as concomitant relief in administrative proceedings when respondent's civil liability was already established:LawlibraryofCRAlaw
    ChanRoblesVirtualawlibrary
    Although the Court renders this decision in an administrative proceeding primarily to exact the ethical responsibility on a member of the Philippine Bar, the Court's silence about the respondent lawyer's legal obligation to restitute the complainant will be both unfair and inequitable. No victim of gross ethical misconduct concerning the client's funds or property should be required to still litigate in another proceeding what the administrative proceeding has already established as the respondent's liability. That has been the reason why the Court has required restitution of the amount involved as a concomitant relief in the cited cases of Mortem v. Pagatpatan, supra, Almendarez, Jr. v. Langit, supra, Small v. Banares, supra.97 (Emphasis supplied)
    Respondent Atty. Galarrita does not deny his receipt of the P100,000.00 but justifies his refusal to turn over the amount by invoking jurisprudence on retaining lien.98 The Rules of Court provides for attorney's retaining lien as follows:LawlibraryofCRAlaw
    ChanRoblesVirtualawlibrary
    SEC. 37. Attorney's liens. - An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have enforce his lien and secure the payment of his just fees and disbursements.99

    First, "lawyer[s] [are] not entitled to unilaterally appropriate [their] clients['] money for [themselves] by the mere fact that the client[s] [owe] [them] attorney's fees."100 They must give prompt notice to their clients of any receipt of funds for or on behalf of their clients.101redarclaw

    Rule 16.01 of the Code of Professional Responsibility provides for a lawyer's duty to "account for all money or property collected or received for or from the client."

    Respondent Atty. Galarrita refused to comply with these duties, warranting his suspension from the practice of law.

    Second, the elements required for full recognition of attorney's lien are: "(1) lawyer-client relationship; (2) lawful possession of the client's funds, documents and papers; and (3) unsatisfied claim for attorney's fees."102redarclaw

    Respondent Atty. Galarrita must prove the existence of all these elements. However, this is not the main issue in this disbarment case against him, and the validity of his retaining lien defense was not established. Counter evidence even exists such as respondent Atty. Galarrita's Letter dated August 12, 2003 waiving any compensation for his services in the foreclosure case.103 Complainant Luna also raises respondent Atty. Galarrita's negligence in handling the case, and lack of supporting receipts for the incurred expenses respondent Atty. Galarrita seeks to reimburse.104redarclaw

    Nevertheless, we maintain that the disposition of this case is without prejudice to the filing of a collection case for retainer's fee against complainant Luna.

    WHEREFORE, respondent Atty. Dwight M. Galarrita is SUSPENDED from the practice of law for two (2) years, with a stern warning that a repetition of the same or similar acts shall be dealt with more severely. He is ORDERED to return to complainant Jun B. Luna the amount of P100,000.00, with legal interest of 6% per annum from February 2006105 until fully paid, without prejudice to the filing of a collection case for retainer's fee against complainant Luna.

    Let a copy of this Decision be furnished to the Office of the Bar Confidant to be entered into respondent Atty. Galarrita's records as attorney. Copies shall likewise be furnished the Integrated Bar of the Philippines and the Office of the Court Administrator for circulation to all courts concerned.

    SO ORDERED.cralawlawlibrary

    Sereno, C.J., Leonardo-De Castro, Peralta, Bersamin, Del Castillo, Villarama, Jr., Perez, Mendoza, and Perlas-Bernabe, JJ., concur.

    Carpio, Velasco, Jr., Brion, Reyes, and Jardeleza, JJ., on leave.

    Endnotes:


    1Rollo, pp. 2-6.

    2 Id. at 7-10.

    3 Id. at 2.

    4 Id. at 11-12.

    5 Id. at 7.

    6 Id. at 8-9.

    7 Id. at 2.

    8 Id. at 3.

    9 Id. at 15.

    10 Id. at 3.

    11 Id. at 3 and 15.

    12 Id. at 3 and 17.

    13 Id. at 16-17.

    14 Id. at 3.

    15 Id. at 20-21.

    16 Id. at 4.

    17 Id. at 20-21.

    18 Id. at 52-95.

    19 Id. at 18.

    20 Id. at 19.

    21 Id.

    22 Id. at 22.

    23 Id.

    24 Id.

    25 Id. at 23.

    26 Id.

    27 Id.

    28 Id. at 5 and 26.

    29 Id. at 5 and 29.

    30 Id. at 5.

    31 Id.

    32 Id. at 31-43.

    33 Id. at 41.

    34 Id. at 45.

    35 Id. at 32.

    36 Id. at 32-33.

    37 Id. at 33.

    38 Id. at 48-51.

    39 Id. at 34.

    40 Id.

    41 Id. at 36.

    42 Id. at 37-38.

    43 Id. at 39.

    44 Id. at 39-40.

    45 Id. at 240-243.

    46 The Investigating Commissioner is Commissioner Oliver A. Cachapero.

    47Rollo, p. 243.

    48 Id. at 239.

    49 Id.

    50 Id. at 244.

    51 Id.

    52 RULES OF COURT, Rule 138, sec. 27 provides:LawlibraryofCRAlaw

    SEC. 27. Disbarment or suspension of attorneys by Supreme Court; grounds therefor. - A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or wilfully appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

    53Villanueva v. Atty. Ishiwata, 486 Phil. 1, 6 (2004) [Per J. Sandoval-Gutierrez, Third Division].

    54 Jinon v. Jiz, A.C. No. 9615, March 5, 2013, 692 SCRA 348, 354 [Per J. Perlas-Bernabe, En Banc], citing Molina v. Magat, A.C. No. 1900, June 13, 2012, 672 SCRA 1, 6 [Per J. Mendoza, Third Division].

    55 Attorney's Oath.

    56 Attorney's Oath.

    57 Villanueva v. Atty. Ishiwata, 486 Phil. 1, 6 (2004) [Per J. Sandoval-Gutierrez, Third Division], citing Atty. Penticostes v. Pros. Ibaņez, 363 Phil. 624, 628 (1999) [Per J. Romero, En Banc].

    58 RULES OF COURT, Rule 138, sec. 23.

    59Rollo, pp. 241-242.

    60See Malecdan v. Atty. Pekas, 465 Phil. 703, 716 (2004) [Per J. Callejo, Sr., En Banc].

    61 Cerdan v. Atty. Gomez, 684 Phil. 418, 428 (2012) [Per J. Mendoza, Third Division].

    62 Villanueva v. Atty. hhiwata, 486 Phil. 1, 6 (2004) [Per J. Sandoval-Gutierrez, Third Division], citing Judge Angeles v. Atty. Uy, Jr., 386 Phil. 221,233 (2000) [Per J. Panganiban, Third Division].

    63 Cerdan v. Atty. Gomez, 684 Phil. 418, 428 (2012) [Per J. Mendoza, Third Division]. '

    64 486 Phil. 1 (2004) [Per J. Sandoval-Gutierrez, Third Division].

    65 Id. at 4.

    66 Id.

    67 Id. at 5.

    68 Id.

    69 Id. at 7-8.

    70 467 Phil. 556 (2004) [Per J. Sandoval-Gutierrez, Third Division].

    71 Id. at 558.

    72 Id. at 558-559.

    73 Id. at 562.

    74 528 Phil. 814 (2006) [Per J. Carpio. En Banc].

    75 Id. at 817.

    76 Id. at 817-818.

    77 Id. at 818.

    78 Id. at 821-822.

    79 A.C. No. 4808, November 22, 2011, 660 SCRA490 [Per J. Bersamin, En Banc].

    80 Id. at 499.

    81 Id. at 507.

    82 A.C. No. 9615, March 5, 2013, 692 SCRA 348 [Per J. Perlas-Bernabe, En Banc].

    83 Id. at 350.

    84 Id.

    85 Id. at 351.

    86 Id.

    87 Id. at 358.

    88Rollo, pp. 242-243.

    89 Jinon v. Jiz, A.C. No. 9615, March 5, 2013, 692 SCRA 348, 357-358 [Per J. Perlas-Bernabe, En Banc], citing Babante-Caples v. Copies, A.M. No. HOJ-10-03, November 15, 2010, 634 SCRA 498, 502 [Per J. Nachura, Second Division].

    90 524 Phil. 311 (2006) [Per J. Puno, En Banc].

    91 Id. at 313-314.

    92 Id. at 314.

    93 Id. at 318.

    94 Id.

    95 Id.

    96Agot v. Atty. Rivera, A.C. No. 8000, August 5, 2014 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/august2014/8000.pdf> 6 [Per J. Perlas-Bernabe, En Banc], citing Pitcher v. Gagate, A.C. No. 9532, October 8, 2013, 707 SCRA 13, 26 [Per J. Perlas-Bernabe, En Banc].

    97 Bayonla v. Reyes, A.C. No. 4808, November 22, 2011, 660 SCRA 490, 506 [Per J. Bersamin, En Banc].

    98Rollo, pp. 37-39.

    99 RULES OF COURT, Rule 138, sec. 37.

    100 Almendarez, Jr. v. Atty. Langit, 528 Phil. 814, 819-820 (2006) [Per J. Carpio, En Banc], citing Schulz v. Atty. Flores, 462 Phil. 601, 613 (2003) [Per J. Ynares-Santiago, First Division].

    101 Code of Professional Responsibility, rule 16.03.

    102 Miranda v. Atty. Carpio, 673 Phil. 665, 672 (2011) [Per J. Peralta, Third Division], citing Ampil v. Hon. Agrava, et al., 145 Phil. 297, 303 (1970) [Per J. Teehankee, En Banc].

    103Rollo, pp. 47 and 243.

    104 Id. at 22.

    105 Id. at 242-243.

    A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 - JUN B. LUNA, Complainant, v. ATTY. DWIGHT M. GALARRITA, Respondent.


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