Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2015 > June 2015 Decisions > G.R. No. 206957, June 17, 2015 - CHERITH A. BUCAL, Petitioner, v. MANNY P. BUCAL, Respondent.:




G.R. No. 206957, June 17, 2015 - CHERITH A. BUCAL, Petitioner, v. MANNY P. BUCAL, Respondent.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

G.R. No. 206957, June 17, 2015

CHERITH A. BUCAL, Petitioner, v. MANNY P. BUCAL, Respondent.

D E C I S I O N

PERLAS-BERNABE, J.:

Assailed in this petition for review on certiorari1 are the Decision2 dated October 16, 2012 and the Resolution3 dated April 15, 2013 of the Court of Appeals (CA) in CA-G.R. SP No. 117731, which affirmed the Orders dated June 22, 20104 and November 23, 20105 of the Regional Trial Court of Trece Martires City, Branch 23 (RTC) in Protection Order No. PPO-002-10 granting visitation rights to respondent Manny P. Bucal (Manny).

The Facts

Petitioner Cherith A. Bucal (Cherith) and Manny were married on July 29, 20056 and have a daughter named Francheska A. Bucal (Francheska), who was born on November 22, 2005.7chanrobleslaw

On May 7, 2010, Cherith filed a Petition for the Issuance of a Protection Order8(RTC Petition) based on Republic Act No. (RA) 9262,9 otherwise known as the �Anti-Violence Against Women and Their Children Act of 2004.� She alleged that Manny had never shown her the love and care of a husband, nor supported her and Francheska financially. Furthermore, due to Manny�s alcoholism, he was always mad and would even shout hurtful words at her. Manny�s demean or even affected her health detrimentally, leading her to suffer dizziness and difficulty in breathing on one occasion.10Thus, Cherith prayed that the RTC issue in her favor a Temporary Protection Order (TPO): (a) prohibiting Manny from harassing, annoying, telephoning, contacting, or otherwise communicating with her, directly or indirectly; (b)ordering a law enforcement officer and court personnel to accompany her to the residence of Manny to supervise the removal of her personal belongings in order to ensure her personal safety; (c) directing Manny and/or any of his family members to stay away from her and any of her designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by her and any of her designated family or household member; (d) enjoining Manny from threatening to commit or committing further acts of violence against her and any of her family and household member; (e) granting her custody and charge of Francheska, until further orders from the court; (f) ordering Manny to absolutely desist and refrain from imposing any restraint on her personal liberty and from taking from her custody or charge of Francheska; and (g) directing Manny to provide support to her and Francheska. Cherith also prayed that after hearing, the TPO be converted into a Permanent Protection Order (PPO).11chanrobleslaw

The RTC Proceedings

After due proceedings, the RTC, in an Order12 dated May 14, 2010, issued a TPO granting the above-mentioned reliefs, effective for a period of thirty (30) days. However, Manny was given visitation rights every Saturday from 8:00 a.m. to 5:00 p.m., with instruction that Francheska be brought to his residence by Cherith�s relatives.13chanrobleslaw

Anticipating the expiration of the TPO, Cherith filed an Ex-Parte Motion for Extension and/or Renewal of the Temporary Restraining Order14(Motion) on June 10, 2010, which further sought a clarification of the visitation rights granted to Manny.15chanrobleslaw

In an Order16 dated June 22, 2010, the RTC granted Cherith�s Motion and issued a PPO. It also ordered Manny to provide support to Francheska in the amount of P5,000.00. The RTC also clarified that the visitation rights would only be from 8:00 a.m. to 5:00 p.m. every Saturday and that �the petitioner�s guardian� will bring the child, Francheska, to Manny�s home and accompany her until 5:00 p.m.17chanrobleslaw

On July 30, 2010, Cherith filed an Ex-Parte Motion to Amend Order,18seeking the reversal of the grant of visitation rights.19 She alleged that upon perusal of her RTC Petition in the records of the court, she noticed an unauthorized intercalation praying for visitation rights for Manny.20 Moreover, citing the further strained relations between her and Manny, Cherith argued that continuing Francheska�s weekly visits to her father defeated the purpose of the protection order granted to them as the obligation made her and the child vulnerable to the abuse from which they sought protection.21chanrobleslaw

On August 12, 2010, Manny filed an Omnibus Motion22 praying that:(a) the attached Answer23 be admitted; (b) the PPO issued on June 22, 2010 be set aside; and (c) the case be set for trial. Manny also sought Cherith�s citation for contempt due to her failure to abide by the visitation rights granted to him.24 In his Answer, Manny belied Cherith�s accusations of abuse by alleging delusion and paranoia on her part and claiming himself to be a responsible and dedicated family man.25 Cherith opposed26 Manny�s Omnibus Motion, alleging that after she filed her petition,Manny personally appeared before the court but did not file any pleading, nor oppose the prayer in her RTC Petition.27chanrobleslaw

Pending resolution of Manny�s Omnibus Motion, Manny filed a Manifestation and Opposition to Petition,28basically reiterating his averments in the Omnibus Motion. In response, Cherith filed her comment,29 positing that the Manifestation and Opposition to Petition was a prohibited pleading for it sought, among others, the reconsideration of the PPO and the re-opening of trial.30In the same pleading, Cherith prayed that her previous Ex-Parte Motion to Amend Order, which sought the reversal of the grant of visitation rights, be granted.31chanrobleslaw

After due hearing, the RTC, in an Order32 dated November 23, 2010 modified its June 22, 2010 Order, ordering Cherith to bring Francheska to McDonald�s in Tanza at exactly 9:00 a.m. on Saturdays where she will be picked up by her father, Manny, and be returned in the same place the following day, Sunday, at 5:00 p.m.

Dissatisfied, Cherith filed a petition for certiorari33 before the CA, arguing that it was beyond the RTC�s authority to grant visitation rights to Manny because the trial court cannot grant a remedy that was not prayed for.34chanrobleslaw

The CA Ruling

In a Decision35 dated October 16, 2012, the CA dismissed Cherith�s petition for certiorari and affirmed the RTC Orders dated June 22, 2010 and November 23, 2010.36chanrobleslaw

At the outset, it pointed out that Cherith�s failure to file a motion for reconsideration before the RTC, without any justification therefor, rendered her resort to certiorari premature.37 On the merits,it held that the RTC did not commit grave abuse of discretion in granting visitation rights to Manny because the same was only based on Cherith�s own prayer.38chanrobleslaw

Aggrieved, Cherith moved for reconsideration,39 which was denied in a Resolution40 dated April 15, 2013; hence, this petition.

The Issue Before the Court

The essential issue for the Court�s resolution is whether or not the CA erred in dismissing Cherith�s certiorari petition, thus, affirming the June 22, 2010 and November 23, 2010 RTC Orders granting visitation rights to Manny.

The Court�s Ruling

The petition is meritorious.

On the matter of procedure, the Court finds that the CA erred in dismissing Cherith�s certiorari petition on account of her failure to file a motion for reconsideration of the assailed RTC Orders.

The settled rule is that a motion for reconsideration is a condition sine qua non for the filing of a petition for certiorari. Its purpose is to grant an opportunity for the court to correct any actual or perceived error attributed to it by the re-examination of the legal and factual circumstances of the case. The rule is, however, circumscribed by well-defined exceptions, such as: (a) where the order is a patent nullity, as where the court a quo has no jurisdiction; (b) where the questions raised in the certiorari proceedings have been duly raised and passed upon by the lower court, or are the same as those raised and passed upon in the lower court; (c) where there is an urgent necessity for the resolution of the question and any further delay would prejudice the interests of the Government or of the petitioner or the subject matter of the action is perishable; (d) where, under the circumstances, a motion for reconsideration would be useless; (e) where petitioner was deprived of due process and there is extreme urgency for relief; (f) where, in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the trial court is improbable; (g) where the proceedings in the lower court are a nullity for lack of due process; (h) where the proceeding were ex-parte or in which the petitioner had no opportunity to object; and (i) where the issue raised is one purely of law or where public interest is involved.41chanrobleslaw

The second and third exceptions obtain in this case.

During the course of the RTC proceedings, Cherith filed three(3) pleadings, namely: (a) an Ex-Parte Motion for Extension and/or Renewal of the TPO;42 (b) an Ex-Parte Motion to Amend Order;43 and (c) a Comment to Respondent�s Manifestation and Opposition to the Petition,44 all seeking for the clarification of, or the withdrawal of the visitation rights granted to Manny. Each was resolved by the RTC reiterating the award of visitation rights to the latter.45 As such, it cannot be denied that Cherith�s opposition to the award of visitation rights had been squarely and definitively presented to the RTC which arrived at the same result. Thus, there was no need for the prior filing of a motion for reconsideration.

The urgency for resolution also rendered such filing unnecessary. It should be emphasized that Cherith had already been issued a PPO. As defined in Section 8 of RA 9262, �[a] protection order is an order issued x x x for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim�s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. x xx.� With a standing PPO issued for the purpose of protecting not only the woman, but also her child against acts of violence committed by the person against whom the order is issued � in this case, Manny � the resolution of the issue of whether or not Manny should be given visitation rights, despite any discernible basis therefor, is urgent,else Cherith and Francheska be unduly exposed to the very danger which they are seeking protection from. As the Court sees it, any further delay would substantially prejudice their interests, thus, allowing a direct recourse to certiorari.

That being said, the Court now proceeds to the substantive aspect of this case.

It is well-settled that courts cannot grant a relief not prayed for in the pleadings or in excess of what is being sought by a party to a case.46The rationale for the rule was explained in Development Bank of the Philippines v. Teston,47viz.:chanRoblesvirtualLawlibrary
Due process considerations justify this requirement. It is improper to enter an order which exceeds the scope of relief sought by the pleadings, absent notice which affords the opposing party an opportunity to be heard with respect to the proposed relief. The fundamental purpose of the requirement that allegations of a complaint must provide the measure of recovery is to prevent surprise to the defendant.48
For the same reason,this protection against surprises granted to defendants should also be available to petitioners. Verily, both parties to a suit are entitled to due process against unforeseen and arbitrary judgments. The very essence of due process is �the sporting idea of fair play� which forbids the grant of relief on matters where a party to the suit was not given an opportunity to be heard.49chanrobleslaw

The records do not show that Manny prayed for visitation rights. While he was present during the hearing for the issuance of the TPO and PPO, he neither manifested nor filed any pleading which would indicate that he was seeking for such relief.

Neither was it shown that Cherith sought the award of visitation rights for her estranged husband. In fact, Cherith�s RTC Petition specifically prayed that the RTC prohibit Manny from harassing, annoying, telephoning, contacting or otherwise communicating with her, directly or indirectly (which would tend to occur if Francheska would be turned-over to Manny during weekends), order Manny to absolutely desist and refrain from imposing any restraint on her personal liberty and from taking from her custody or charge of Francheska, and direct Manny and/or any of his family members to stay away from her and any of her designated family or household members under the limitations set by the court. Further, as above-intimated, Cherith has repeatedly contested the award of visitation rights during the course of the proceedings before the RTC, but to no avail. While there appears an intercalation of a prayer for visitation rights in Cherith�s RTC Petition, it is evident that she never authorized such intercalation because: (1) she had consistently contested the grant of visitation rights in favor of Manny, and (2) it was merely penned in the handwriting of an unidentified person, which, thus, renders the same dubious. Meanwhile, Manny or any of the courts a quo did not proffer any credible explanation to the contrary.

Hence, for all these reasons, the Court concludes that the grant of visitation rights by the RTC in favor of Manny, as contained in the PPO, and reiterated in its assailed Orders, being both unexplained and not prayed for, is an act of grave abuse of discretion amounting to lack or excess of jurisdiction which deserves correction through the prerogative writ of certiorari. With this pronouncement, there is no need to delve into the other ancillary issues raised herein.

WHEREFORE, the petition is GRANTED. The Decision dated October 16, 2012 and the Resolution dated April 15, 2013 of the Court of Appeals in CA-G.R. SP No. 117731 are hereby REVERSED and SET ASIDE.

The portions of the Orders dated June 22, 2010 and November 23, 2010 of the Regional Trial Court of Trece Martires City, Branch 23granting visitation rights to respondent Manny P. Bucal are hereby declared VOID.

SO ORDERED.cralawlawlibrary

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

Endnotes:


1Rollo, pp. 9-36.

2 Id. at 37-44. Penned by Associate Justice Danton Q. Bueser with Associate Justices Amelita G. Tolentino and Ramon R. Garcia concurring.

3 Id. at 45.

4 Id. at 66. Penned by Executive Judge Aurelio G. Icasiano, Jr.

5 Id. at 139.

6 Id. at 13.

7 Id. at 13 and 37.

8 Id. at 47-50.

9 �AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES� (approved on March 8, 2004).

10 See rollo, p. 48.

11 Id. at48-49.

12 Id. at 62-63.

13 Id.

14 Id. at 64-65.

15 Id. at 65.

16 Id. at 66.

17 Id.

18 Id. at 67-71.

19 Id. at 70-71.

20 See id. at 68.

21 See id. at 70.

22 Id. at 84-87.

23 Id. at 88-91.

24 See id. at 85-86.

25 See id. at 90.

26 See Opposition to the Respondent�s Omnibus Motion dated August 18, 2010; id. at 106-110.

27 See id. at 106.

28 Dated September 13, 2010. Id. at 126-131.

29 Dated October 11, 2010. Id. at 133-138.

30 See id. at 134.

31 See id. at 138.

32 Id. at 139.

33 Not attached to the rollo.

34 See rollo, pp. 25 and 39-40.

35 Id. at 37-44.

36 See id. at 42-43.

37 See id. at 40-42.

38 Id. at 42.

39 Not attached to the rollo.

40Rollo, p. 45.

41Republic v. Bayao, G.R. No. 179492, June 5, 2013, 697 SCRA 313, 323, citing Siok Ping Tang v. Subic Bay Distribution, Inc., 653 Phil. 124, 136-137 (2010); emphases supplied.

42Rollo, pp. 64-65.

43 Id. at 67-71.

44 Id. at 133-138.

45 See RTC Orders dated June 22, 2010 and November 23, 2010; id. at 66 and 139, respectively.

46Diona v. Balangue, G.R. No. 173559, January 17, 2013, 688 SCRA 22, 35.

47 569 Phil. 137 (2008).

48 Id. at 144.

49 See Diona v. Balangue, supra note 46, at 36-37.




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  • G.R. No. 199568, June 17, 2015 - DOHLE-PHILMAN MANNING AGENCY, INC., DOHLE (IOM) LIMITED AND/OR CAPT. MANOLO T. GACUTAN, Petitioners, v. HEIRS OF ANDRES G. GAZZINGAN, REPRESENTED BY LENIE L. GAZZINGAN, Respondents.

  • G.R. No. 181756, June 15, 2015 - MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), Petitioner, v. CITY OF LAPU-LAPU AND ELENA T. PACALDO, Respondents.

  • G.R. No. 179226, June 29, 2015 - MA. SUSANA A. AWATIN, AND ON BEHALF OF THE HEIRS/BENEFICIARIES OF DECEASED ALBERTO AWATIN, Petitioner, v. AVANTGARDE SHIPPING CORPORATION AND MRS. DORA G. PASCUAL, OFFSHORE MARITIME MANAGEMENT INT'L., INC. (SWITZERLAND), SEABLUK TRESURE ISLAND, Respondent.

  • G.R. No. 191899, June 22, 2015 - JULIUS R. TAGALOG, Petitioner, v. CROSSWORLD MARINE SERVICES INC., CAPT. ELEASAR G. DIAZ AND/OR CHIOS MARITIME LTD. ACTING IN BEHALF OF OCEAN LIBERTY LTD, Respondents.

  • G. R. No. 188174, June 29, 2015 - DEPARTMENT OF AGRARIAN REFORM, THROUGH ITS PROVINCIAL AGRARIAN REFORM OFFICER OF DAVAO CITY, AND THE MUNICIPAL AGRARIAN REFORM OFFICER OF CALINAN, DAVAO CITY, Petitioners, v. WOODLAND AGRO-DEVELOPMENT, INC., Respondent.

  • G.R. No. 209338, June 29, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BIENVENIDO MIRANDA Y FELICIANO, Accused-Appellant.

  • G.R. No. 198515, June 15, 2015 - DOMINADOR MALABUNGA,* JR., Petitioner, v. CATHAY PACIFIC STEEL CORPORATION, Respondent.

  • G.R. No. 179874, June 22, 2015 - ADELFA DIO TOLENTINO, VIRGINIA DIO, RENATO DIO, AND HEIRS OF ROBERTO DIO, REPRESENTED BY ROGER DIO, Petitioners, v. SPOUSES MARIA JERERA AND EBON LATAGAN, SUBSTITUTED BY HIS HEIRS, NAMELY: MA. JANELITA LATAGAN-BULAWAN, YVONNE LATAGAN, LESLIE LATAGAN, RODOLFO H. LATAGAN, EMMANUEL NOEL H. LATAGAN, GEMMA LATAGAN-DE LEON, MARIE GLEN LATAGAN-CERUJALES, AND CELESTE LATAGAN-BO; AND SALVE VDA. DE JERERA, Respondents.

  • G.R. No. 199522, June 22, 2015 - RICKY DINAMLING, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 182754, June 29, 2015 - SPOUSES CRISPIN AQUINO AND TERESA V. AQUINO, HEREIN REPRESENTED BY THEIR ATTORNEY-IN-FACT, AMADOR D. LEDESMA, Petitioners, v. SPOUSES EUSEBIO AGUILAR AND JOSEFINA V. AGUILAR, Respondents.

  • G.R. No. 210055, June 22, 2015 - THE ESTATE OF THE LATE JUAN B. GUTIERREZ, REPRESENTED BY ANTONIA S. GUTIERREZ, (FOR HERSELF AND IN HER CAPACITY AS DULY-APPOINTED SPECIAL ADMINISTRATRIX OF THE ESTATE OF JUAN B. GUTIERREZ), Petitioners, v. HEIRS OF SPOUSE JOSE AND GRACITA CABANGON, REPRESENTED BY BLANCA CABANGAON, JUDGE CADER P. INDAR, AL HAJ, BRANCH 14, 12TH JUDICIAL REGION COTABATO CITY, AND THE COURT OF APPEALS, SPECIAL FORMER 21ST DIVISION, MINDANAO STATION, CAGAYAN DE ORO CITY, Respondents.

  • G.R. No. 162489, June 17, 2015 - BERNARDO U. MESINA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 197582, June 29, 2015 - JULIE S. SUMBILLA, Petitioner, v. MATRIX FINANCE CORPORATION, Respondent.

  • G.R. No. 203754, June 16, 2015 - FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, Petitioner, v. COLON HERITAGE REALTY CORPORATION, OPERATOR OF ORIENTE GROUP THEATERS, REPRESENTED BY ISIDORO A. CANIZARES, Respondent.; [G.R. No. 204418] - FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, Petitioner, v. CITY OF CEBU AND SM PRIME HOLDINGS, INC., Respondents.

  • G.R. No. 195247, June 29, 2015 - ANASTACIO TINGALAN, SUBSTITUTED BY HIS HEIRS, NAMELY: ROMEO L. TINGALAN, ELPEDIO L. TINGALAN, JOHNNY L. TINGALAN AND LAURETA T. DELA CERNA, Petitioners, v. SPOUSES RONALDO AND WINONA MELLIZA, Respondents.

  • G.R. No. 194239, June 16, 2015 - WEST TOWER CONDOMINIUM CORPORATION, ON BEHALF OF THE RESIDENTS OF WEST TOWER CONDOMINIUM AND IN REPRESENTATION OF BARANGAY BANGKAL, AND OTHERS, INCLUDING MINORS AND GENERATIONS YET UNBORN, Petitioners, v. FIRST PHILIPPINE INDUSTRIAL CORPORATION, FIRST GEN CORPORATION AND THEIR RESPECTIVE BOARD OF DIRECTORS AND OFFICERS, JOHN DOES, AND RICHARD DOES, Respondents.

  • A.C. No. 6484, June 16, 2015 - ADELITA B. LLUNAR, Complainant, v. ATTY. ROMULO RICAFORT, Respondent.

  • G.R. No. 193919, June 15, 2015 - BI�AN RURAL BANK, Petitioner, v. JOSE WILLELMINO G. CARLOS AND MARTINA ROSA MARIA LINA G. CARLOS-TRAN, REPRESENTED BY THEIR ATTORNEY-IN-FACT, ATTY. EDWIN D. BALLESTEROS, Respondents.

  • G.R. No. 191591, June 17, 2015 - DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, Petitioner, v. FOUNDATION SPECIALISTS, INC., Respondent.

  • G.R. No. 205875, June 30, 2015 - LIBERTY BROADCASTING NETWORK, INC., NOW KNOWN AS WI-TRIBE TELECOMS, INC., Petitioner, v. ATLOCOM WIRELESS SYSTEM, INC., Respondent.; [G.R. No. 208916] - NATIONAL TELECOMMUNICATIONS COMMISSION, Petitioner, v. ATLOCOM WIRELESS SYSTEM, INC., Respondent.

  • A.M. No. P-15-3322 [Formerly A.M. OCA IPI No. 10-3569-P], June 23, 2015 - BRANCH CLERK OF COURT GAIL M. BACBAC-DEL ISEN, Complainant, v. ROMAR Q. MOLINA, Respondent.

  • G.R. No. 200898, June 15, 2015 - BROWN MADONNA PRESS INC., THADDEUS ANTHONY A. CABANGON, FORTUNE LIFE INSURANCE COMPANY (NOW FORTUNE GENERAL INSURANCE CORPORATION) AND/OR ANTONIO CABANGON CHUA, Petitioners, v. MARIA ROSARIO M. CASAS, Respondent.

  • G.R. No. 200567, June 22, 2015 - METROPOLITAN BANK AND TRUST COMPANY, Petitioner, v. CPR PROMOTIONS AND MARKETING, INC. AND SPOUSES CORNELIO P. REYNOSO, JR. AND LEONIZA* F. REYNOSO, Respondents.

  • G.R. No. 203372, June 16, 2015 - ATTY. CHELOY E. VELICARIA- GARAFIL, Petitioner, v. OFFICE OF THE PRESIDENT AND HON. SOLICITOR GENERAL JOSE ANSELMO I. CADIZ, Respondents.; [G.R. No. 206290] - ATTY. DINDO G. VENTURANZA, Petitioner, v. OFFICE OF THE PRESIDENT, LEILA M. DE LIMA, IN HER CAPACITY AS THE SECRETARY OF THE DEPARTMENT OF JUSTICE, CLARO A. ARELLANO, IN HIS CAPACITY AS THE PROSECUTOR GENERAL, AND RICHARD ANTHONY D. FADULLON, IN HIS CAPACITY AS THE OFFICER-IN-CHARGE OF THE OFFICE OF THE CITY PROSECUTOR OF QUEZON CITY, Respondents.; [G.R. No. 209138] - IRMA A. VILLANUEVA AND FRANCISCA B. ROSQUITA, Petitioners, v. COURT OF APPEALS AND THE OFFICE OF THE PRESIDENT, Respondents.; [G.R. No. 212030] - EDDIE U. TAMONDONG, Petitioner, v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., Respondent.

  • G.R. No. 203124, June 22, 2015 - PROVINCE OF LEYTE, HEREIN REPRESENTED BY MR. RODOLFO BADIABLE, IN HIS CAPACITY AS THE ICO-PROVINCIAL TREASURER, PROVINCE OF LEYTE, Petitioner, v. ENERGY DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 195244, June 22, 2015 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALVIN ESUGON Y AVILA, Accused-Appellant.

  • G.R. No. 194192, June 16, 2015 - DAVAO CITY WATER DISTRICT REPRESENTED BY ITS GENERAL MANAGER, RODORA N. GAMBOA, Petitioner, v. RODRIGO L. ARANJUEZ, GREGORIO S. CAGULA, CELESTINO A. BONDOC, DANILO L. BUHAY, PEDRO E. ALCALA, JOSEPH A. VALDEZ, TITO V. SABANGAN, MARCELINO B. ANINO, JUANITO C. PANSACALA, JOEMARIE B. ALBA, ANTERO M. YMAS, ROLANDO L. LARGO, RENEBOY U. ESTEBAN, MANUEL B. LIBANG, ROMEORICO A. LLANOS, ARTHUR C. BACHILLER, SOCRATES V. CORCUERA, ALEJANDRO C. PICHON, GRACIANO A. MONCADA, ROLANDO K. ESCORIAL, NOEL A. DAGALE, EMILIO S. MOLINA, SHERWIN S. SOLAMO, FULGENCIO I. DYGUAZO, GUALBERTO S. PAGATPAT, JOSEPH B. ARTAJO, FELIXBERTO Q. OBENZA, FLORANTE A. FERRAREN, ELSA A. ELORDE, CARLOS P. MORRE, JAMES AQUILINO M. COLOMA, JOAQUIN O. CADORNA, JR., LORNA M. MAXINO, ROMULO A. REYES, NOEL G. LEGASPI, ELEANOR R. LAMOSTE, WELMER E. CRASCO, DELIO T. OLAER, VICENTE R. MASUCOL, IRENEO A. CUBAL, EDWIN A. DELA PENA, JIMMY A. TROCIO, WILFREDO L. TORREON, ALEJANDRITO M. ALO, RAUL S. SAGA, JOSELITO P. RICONALLA, TRISEBAL Q. AGUILAR, ARMAN N. LORENZO, SR. AND PEDRO C. GUNTING, Respondents.

  • G.R. No. 167975, June 17, 2015 - GILDA JARDELEZA, (DECEASED), SUBSTITUTED BY HER HEIRS, NAMELY: ERNESTO JARDELEZA, JR., TEODORO MARIA JARDELEZA, ROLANDO L. JARDELEZA, MA. GLENDA JARDELEZA-UY, AND MELECIO GIL JARDELEZA, Petitioners, v. SPOUSES MELECIO AND ELIZABETH JARDELEZA, JMB TRADERS, INC., AND TEODORO JARDELEZA, Respondents.

  • G.R. No. 191197, June 22, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODRIGO LAPORE, Accused-Appellant.

  • G.R. No. 167797, June 15, 2015 - METRO MANILA TRANSIT CORPORATION, Petitioner, v. REYNALDO CUEVAS AND JUNNEL CUEVAS, REPRESENTED BY REYNALDO CUEVAS, Respondents.

  • G.R. No. 193659, June 15, 2015 - SPS. FERNANDO VERGARA AND HERMINIA VERGARA, Petitioners, v. ERLINDA TORRECAMPO SONKIN, Respondent.

  • G.R. No. 211499, June 22, 2015 - CATHERINE HIPONIA-MAYUGA, Petitioner, v. METROPOLITAN BANK AND TRUST CO., AND ITS BRANCH HEAD, THELMA T. MAURICIO, AND BELLE U. AVELINO, Respondents.

  • G.R. No. 194516, June 17, 2015 - BALDOMERA FOCULAN-FUDALAN, Petitioner, v. SPOUSES DANILO OCIAL AND DAVIDICA BONGCARAS-OCIAL, EVAGRIA F. BAGCAT, CRISTINA G. DOLLISEN, EULALIA F. VILLACORA, TEOFREDO FUDERANAN, JAIME FUDERANAN, MARIANO FUDERANAN, FILADELFO FUDERANAN, MUSTIOLA F. MONTEJO, CORAZON LOGMAO, DIONESIO FUDERANAN, EUTIQUIA FUDERANAN, ASTERIA FUDERANAN, ANTONIO FUDERANAN, ROMEO FUDERANAN, FLORENTINO FUDERANAN, DOMECIANO FUDERANAN, ERLINDA SOMONTAN, FELICIANA FUDERANAN, BONIFACIO FUDERANAN, QUIRINO FUDERANAN, MA. ASUNCION FUDERANAN, MARCELINA ARBUTANTE, SALOME GUTUAL, LEONARDO LUCILLA, IMELDA L. ESTOQUE, CIRILA OLANDRIA, TITA G. BONGAY AND MUNICIPAL ASSESSOR OF PANGLAO, BOHOL, Respondents.

  • G.R. No. 211872, June 22, 2015 - ROMIL T. OLAYBAL, Petitioner, v. OSG SHIPMANAGEMENT MANILA, INC. AND OSG SHIPMANAGEMENT [UK] LTD., Respondents.

  • G.R. No. 191810, June 22, 2015 - JIMMY T. GO A.K.A. JAIME T. GAISANO, Petitioner, v. BUREAU OF IMMIGRATION AND DEPORTATION AND ITS COMMISSIONERS AND LUIS T. RAMOS, Respondents.

  • A.C. No. 10138 (Formerly CBD Case No. 06-1876), June 16, 2015 - ROBERTO P. NONATO, Complainant, v. ATTY. EUTIQUIO M. FUDOLIN, JR., Respondent.

  • G.R. No. 173783, June 17, 2015 - RIVIERA GOLF CLUB, INC., Petitioner, v. CCA HOLDINGS, B.V., Respondent.

  • G.R. No. 211113, June 29, 2015 - ADERITO Z. YUJUICO, Petitioner, v. UNITED RESOURCES ASSET MANAGEMENT, INC., ATTY. RICHARD J. NETHERCOTT AND ATTY. HONORATO R. MATABAN, Respondents.

  • G.R. No. 187487, June 29, 2015 - GO TONG ELECTRICAL SUPPLY CO., INC. AND GEORGE C. GO, Petitioners, v. BPI FAMILY SAVINGS BANK, INC., SUBSTITUTED BY PHILIPPINE INVESTMENT ONE [SPV-AMC], INC., Respondent.

  • G.R. No. 163116, June 29, 2015 - ALLIED BANKING CORPORATION, Petitioner, v. JESUS S. YUJUICO (DECEASED), REPRESENTED BY BRENDON V. YUJUICO, Respondent.

  • G.R. No. 213792, June 22, 2015 - GUILLERMO WACOY Y BITOL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent; G.R. No. 213886 - JAMES QUIBAC Y RAFAEL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 156162, June 22, 2015 - CCC INSURANCE CORPORATION, Petitioner, v. KAWASAKI STEEL CORPORATION, F.F. MA�ACOP CONSTRUCTION CO., INC., AND FLORANTE F. MA�ACOP, Respondents.

  • A.M. No. P-11-3017 [Formerly OCA IPI No. 10-3575-P], June 16, 2015 - ANONYMOUS LETTER AGAINST AURORA C. CASTA�EDA, CLERK III, REGIONAL TRIAL COURT, BRANCH 224, QUEZON CITY, AND LORENZO CASTA�EDA, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 96, QUEZON CITY.

  • G.R. No. 195424, June 15, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUDY NUYOK, Accused-Appellant.

  • G.R. No. 201836, June 22, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALLAN BRITANICO AND JOJO BRITANICO, Accused-Appellants.

  • G.R. No. 204641, June 29, 2015 - CAMARINES SUR IV ELECTRIC COOPERATIVE, INC. AND ATTY. VERONICA T. BRIONES, Petitioners, v. EXPEDITA L. AQUINO, Respondent.

  • G.R. No. 190236, June 15, 2015 - DENNIS MORTEL, Petitioner, v. MICHAEL BRUNDIGE, Respondent.

  • G.R. No. 171284, June 29, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALFREDO DULIN Y NARAG, Accused-Appellant.

  • G.R. Nos. 205685-86, June 22, 2015 - EMMANUEL H. BERALDE, HAYDEE B. OCHE, EDGAR E. FERNANDEZ, RONALD M. DUMADAUG, WENCESLAO L. CAMPORENDONDO, OCTAVE BRENDAN N. MARTINEZ, AVELINA C. NAVA, ALSADOM P. CIRILO, OSCAR H. GALARAGA, IGNACIO R. ALMARIO, JR., MISAMBO D. LLEJES, ERNESTO M. MOVILLA, SR., RONALD R. PANUGALING, NICHOLS M. SULTAN, SR., FRANCISCO M. VELASCO, SAMUEL G. WENCESLAO, EDMONDO B. ELECCION, SANNY L. ABDUL, JOEL T. AUTIDA, ANTONIO C. BAG-O, RODOLFO C. BARTIDO, NECTOR B. BASILISCO, GREGORIO Y. CANAMO, TOMAS M. CANSECO, REYSALVIO M. CARREON, ALEJANDRO A. CELIS, EMERISA S. BLANCADA, FELIX E. BUGWAT, RENIE N. BURGOS, DESIDERIO C. CABONITA, RICARDO P. DAG-UMAN, RUBEN B. DAVIDE, FELIPE G. DEMETILA, EDUARDO B. DIAL, EFREN L. ENCALLADO, GETULIO A. GOHIL, GUMERSINDO C. HAPE, DOMINGO M. LABTON, ARNOLD B. LIM, LEONARDO G. LOPEZ, SR., ALBINO M. LECERNAS, JOEL B. LUMERAN, MARTIN C. MAGLINTE, FOL A. MALAYA, ALFREDO D. MARAVILLAS, MARTINO R. MENDEZ, MAURO B. NAVAREZ, JR., CARLITO R. NAVARRO, AGUSTIN C. NOTARTE, JR., GONZALO G. OCHE, CARLITO G. OTOM, WALTER S. PANOY, ALEJANDRO T. PADOJAN, SR., GLESERIA L. PELDEROS, WILSON C. RODRIGUEZ, ARMAN A. ROSALINDA, ISIDRO M. RUSGAL, ISMAEL M. SANDANG, SR., WEA MAE B. SALATAN, EDWIN L. SARDIDO, PAULINO T. SEDIMO, CESARIO A. TANGARO, PABLITO B. TAYURAN, EDUARDO D. TUBURAN, ARMANDO I. VARGAS, JR., RENATO E. LUMANAS, WILFREDO C. PAUSAL, ALFREDO R. RAMIS, JOSE V. TUGAP, MANUEL G. WENCESLAO, MARIO D. ALBARAN, EDGAR P. ALSADO, SANTOS T. AMADO, JR., CHRISBEL A. ANG, BERNARDO C. AYUSTE, JR., RONALD B. BARTIDO, REYNALDO R. BAURA, SR., ANGELITO A. BIMBO, REYNALDO N. CAPUL, SONNY M. DA VIDE, REYNALDO A. LANTICSE, SR., MARIO M. LIMPIO, ARGIE A. OTOM, DANILO V. PABLIO, CARLITO H. PELLERIN, DANILO L. QUIMPAN, MARK ANTHONY M. SALATAN, DANTE S. SERAFICA, BUENVENTURA J. TAUB, JENRITO S. VIA, ROMULO A. LANIOHAN, JORGE L. QUIMPAN, ANTONIO C. SALATAN, ARLON C. AYUSTE, ERNESTO P. MARAVILLAS, DANIEL B. ADONA, AND WILFREDO M. ALGONES, Petitioners, v. LAPANDAY AGRICULTURAL AND DEVELOPMENT CORPORATION (GUIHING PLANTATION OPERATIONS), RICA REGINA L. DAVILA (CHAIRMAN), EDWIN T. FABREGAR, JR. (VP-BANANA PRODUCTION); GERARDO IGNACIO B. ONGKIKO, (SENIOR VP-HR), CELSO S. SANCHEZ (PRODUCTION MANAGER); AND JESSEPEHINE O. ALEGRE (AREA ADMINISTRATIVE MANAGER), Respondents.; PRESCO A. FUENTES AND BRIAN TAUB, Petitioners, v. LAPANDAY AGRICULTURAL AND DEVELOPMENT CORPORATION, (GUIHING PLANTATION OPERATIONS) RICA REGINA L. DAVILA, CHAIRMAN; EDWIN T. FABREGAR, JR., VP-BANANA PRODUCTION; GERARDO IGNACIO B. ONGKIKO, VICE-PRESIDENT-HUMAN RESOURCES; CELSO S. SANCHEZ, PRODUCTION MANAGER, Respondents.

  • A.C. No. 9603, June 16, 2015 - DOMINIC PAUL D. LAZARETO, Complainant, v. ATTY. DENNIS N. ACORDA, Respondent.

  • G.R. No. 210551, June 30, 2015 - JOSE J. FERRER, JR., Petitioner, v. CITY MAYOR HERBERT BAUTISTA, CITY COUNCIL OF QUEZON CITY, CITY TREASURER OF QUEZON CITY, AND CITY ASSESSOR OF QUEZON CITY, Respondents.

  • G.R. No. 210759, June 23, 2015 - CHAIRPERSON SIEGFRED B. MISON, IN HIS CAPACITY AS CHAIRPERSON1 OF BUREAU OF IMMIGRATION AND DEPORTATION,2 PETITIONER, VS. HON. PAULINO Q. GALLEGOS, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT-MANILA, BRANCH 47 AND JA HOON KU, Respondents.; G.R. No. 211403 - CHAIRPERSON SIEGFRED B. MISON, AS THE CHAIRPERSON OF BUREAU OF IMMIGRATION AND DEPORTATION, Petitioner, v. HON. PAULINO Q. GALLEGOS, AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT-MANILA, BRANCH 47 AND JA HOON KU, Respondents.; G.R. No. 211590 - CHAIRPERSON SIEGFRED B. MISON, IN HIS CAPACITY AS THE CHAIRPERSON OF BUREAU OF IMMIGRATION AND DEPORTATION, Petitioner, v. JA HOON KU, Respondent.

  • A.M. No. CA-15-31-P (formerly OCA I.P.I. No. 13-218-CA-P), June 16, 2015 - COMMITTEE ON SECURITY AND SAFETY, COURT OF APPEALS, Complainant, v. REYNALDO V. DIANCO - CHIEF SECURITY, JOVEN O. SORIANOSOS - SECURITY GUARD 3, AND ABELARDO P. CATBAGAN - SECURITY GUARD 3, Respondents.

  • G.R. No. 160123, June 17, 2015 - CENTRO PROJECT MANPOWER SERVICES CORPORATION, Petitioner, v. AGUINALDO NALUIS AND THE COURT OF APPEALS, Respondents.

  • G.R. No. 186375, June 17, 2015 - ELENA ALCEDO, Petitioner, v. SPS. JESUS SAGUDANG AND MARLENE PADUA-SAGUDANG, Respondents.

  • G.R. No. 182133, June 23, 2015 - UNITED OVERSEAS BANK OF THE PHILIPPINES, INC., Petitioner, v. THE BOARD OF COMMISSIONERS-HLURB, J.O.S. MANAGING BUILDERS, INC., AND EDUPLAN PHILS., INC., Respondents.

  • A.M. No. 12-8-07-CA, June 16, 2015 - RE: LETTER OF COURT OF APPEALS JUSTICE VICENTE S.E. VELOSO FOR ENTITLEMENT TO LONGEVITY PAY FOR HIS SERVICES AS COMMISSION MEMBER III OF THE NATIONAL LABOR RELATIONS COMMISSION; A.M. No. 12-9-5-SC - RE: COMPUTATION OF LONGEVITY PAY OF COURT OF APPEALS JUSTICE ANGELITA A. GACUTAN; A.M. No. 13-02-07-SC - RE: REQUEST OF COURT OF APPEALS JUSTICE REMEDIOS A. SALAZAR-FERNANDO THAT HER SERVICES AS MTC JUDGE AND AS COMELEC COMMISSIONER BE CONSIDERED AS PART OF HER JUDICIAL SERVICE AND INCLUDED IN THE COMPUTATION/ADJUSTMENT OF HER LONGEVITY PAY

  • G.R. No. 202789, June 22, 2015 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PUREGOLD DUTY FREE, INC., Respondent.

  • A.M. No. P-09-2705, June 16, 2015 - EDMAR D. GARCISO, Complainant, v. ARVIN A. OCA, PROCESS SERVER, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 1, CEBU CITY, Respondent.; A.M. No. P-09-2737 - JUDGE ENRIQUETA L. BELARMINO, Complainant, v. ARVIN A. OCA, PROCESS SERVER, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 1, CEBU CITY, Respondent.

  • G.R. No. 212246, June 22, 2015 - OFELIA GAMILLA, Petitioner, v. BURGUNDY REALTY CORPORATION, Respondent.

  • G.R. No. 213383, June 22, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ERNIE INCIONG Y ORENSE, Accused-Appellant.