Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2016 > April 2016 Decisions > G.R. No. 205414, April 04, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. EDUARDO DELA CRUZ Y GUMABAT @ "EDDIE", Appellant.:




G.R. No. 205414, April 04, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. EDUARDO DELA CRUZ Y GUMABAT @ "EDDIE", Appellant.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 205414, April 04, 2016

PEOPLE OF THE PHILIPPINES, Appellee, v. EDUARDO DELA CRUZ Y GUMABAT @ "EDDIE", Appellant.

D E C I S I O N

PERALTA, J.:

For the Court's consideration is the Decision1 dated March 19, 2012 of the Court of Appeals (CA) in CA-G.R. CR HC No. 04587 affirming the Decision2 dated August 2, 2010 of the Regional Trial Court (RTC) of Manila, Branch 2, in Criminal Case No. 09-271907, finding appellant guilty beyond reasonable doubt of violating Section 5, Article II of Republic Act (RA) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

In an information filed on November 5, 2009, appellant Eduardo dela Cruz y Gumabat was charged with illegal sale of dangerous drugs under Section 5 of Article II of RA No. 9165, the accusatory portion of which reads:
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That on or about October 23, 2009, in the City of Manila, Philippines, the said accused, not having been authorized by law to sell, trade, deliver or give away to another any dangerous drug, did then and there wilfully, unlawfully and knowingly sell or offer for sale to poseur-buyer, one (1) Blister pack with label "Valium" containing Ten (10) round blue tablets weighing ONE POINT SEVEN TWO ZERO (1.720) grams which after a qualitative examination, gave positive result to the test of diazepam, a dangerous drug.

Contrary to law.3ChanRoblesVirtualawlibrary
Upon arraignment, appellant pleaded not guilty to the crime charged. Consequently, trial on the merits ensued.4

The factual antecedents, as narrated by the witnesses of the prosecution, namely, PO1 Jaycee John Galotera, who acted as the poseur-buyer; PO1 Roderick Magpale, who was the investigator-on-duty at the Special Operation and Task Unit; and PO3 Ryan Sulayao, who acted as the perimeter back-up, are as follows:

At around 7:30 p.m. on October 22, 2009, a confidential informant arrived at the Jose Abad Santos Police Station, Manila Police District and informed PO1 Ronnie Tan, PO3 Ryan Sulayao and PO3 Eric Guzman about the illegal drug activities being conducted by appellant along Solis Street, Tondo, Manila. Said informant claimed to have gained access to appellant. Consequently, the police officers immediately informed their station commander, P/Supt. Remigio Sedanto, who tasked the unit to conduct a buy-bust operation, to be led by P/Inspector Jeffrey Dallo, with PO1 Galotera acting as poseur-buyer, and the rest of the team to serve as back-up. P/InspectorDallo gave PO1 Galotera three (3) pieces of One Hundred Peso (P100.00) bills to be utilized as buy-bust money, which PO1 Galotera marked with his initials "JJG." The team also agreed that PO1 Galotera's removal of his ball cap constitutes the signal indicating that the transaction has been consummated and that the appellant may be arrested. After a thorough briefing and coordination with the Philippine Drug Enforcement Agency (PDEA), the team left the station and proceeded to the target area at around 12:20 a.m.5

PO1 Galotera and the confidential informant went straight to the destination aboard a motorcycle, while PO1 Tan, PO3 Sulayao, and PO3 Guzman, aboard a separate motorcycle, positioned themselves about ten (10) meters away from PO1 Galotera and the informant. PO1 Galotera and the informant then walked along an alley on Solis Street towards Villanueva Street and saw two (2) men standing at a dark portion thereof. As they approached said men, the confidential informant whispered to PO1 Galotera that the person on the right was appellant. Thereafter, appellant asked the informant what he needed.6 In reply, the informant told appellant that he and his companion, PO1 Galotera, needed "Valium," which contains Diazepam, a dangerous drug. Appellant then asked how much Valium they need, to which PO1 Galotera answered, "hang banig lang." PO1 Galotera then handed the marked money in the amount of Three Hundred Pesos (P300.00) to appellant, who placed the same in his front left pocket. Thereafter, appellant pulled out one blister pack containing ten (10) pieces of round, blue tablets from his right pocket and handed the same to PO1 Galotera. Believing that what he received was Valium based on its appearance, PO1 Galotera executed the pre-arranged signal. Upon seeing the signal, PO3 Guzman proceeded to assist PO1 Galotera, who immediately grabbed appellant. Appellant's companion, who tried to escape, was also subdued by PO3 Guzman. PO1 Galotera then apprised appellant of the nature of his arrest and read him his constitutional rights. He also marked the seized tablets with the initials "EDG" corresponding to appellant's name.

Afterwards, he turned over the appellant and the seized evidence to PO1 Roderick Magpale, an investigator of the Anti-Illegal Special Operation Task Unit at the Police Station. PO1 Magpale then took pictures of appellant and the seized evidence, prepared the Booking and Information Sheet, and forwarded the seized tablets to the forensic laboratory for examination. Accordingly, Forensic Chemist Erickson L. Calabocal, conducted a chemistry examination and in his Chemistry Report No. D-787-09, found that the ten (10) round, blue tablets seized from appellant tested positive for Diazepam, a dangerous drug.7 During trial, however, Calabocal's testimony was dispensed with after the parties stipulated on the existence and due execution of Chemistry Report No. D-787-09.8

Against the foregoing charges, appellant testified on his own version of facts, and further presented the testimonies of his mother, Leonora dela Cruz, and one Roberto Balatbat.9

Appellant testified that he was a jeepney driver by profession and a resident at Solis Street, Tondo, Manila. At around 3:00 p.m. on October 23, 2009, he went to see his friend, Nicanor Guevarra, to convince him to place a bet on the "karera." He found him at the tricycle terminal at Solis Street corner Callejon Villanueva, playing cara y cruz and joined him. Suddenly, the policemen arrived. They tried to run but were eventually arrested. Appellant requested that he be brought to the barangay hall, but the policemen brought him directly to the police station. He thought that he was only being accused of illegal gambling for playing cara y cruz. It turned out, however, that he was being charged with illegal sale of dangerous drugs.10

After appellant, the defense presented appellant's mother who denied that her son was into selling dangerous drugs. According to her, at around 3:00 p.m. on October 23, 2009, appellant asked her permission to leave the house to place a bet. However, she later learned from her granddaughter that her son had been arrested.

Next was Roberto Balatbat, a tricycle driver residing at Solis Street, Tondo, Manila, who testified that on that day, he was at the tricycle terminal on Solis Street playing cara y cruz. When the four (4) police officers arrived, he quickly ran away leaving behind appellant and Guevarra, who were arrested. He denied that any sale of dangerous drugs transpired at the time and place of appellant's arrest.11

In its Decision dated August 2, 2010, the RTC gave credence to the testimonies of the police officers as they were given in a clear and convincing manner showing that the officers were at the place of the incident to accomplish exactly what they had set out to do, which was to conduct a legitimate buy-bust operation on appellant.12 It found that unless the members of the buy-bust team were inspired by any ill motive to testify falsely against appellant, their testimonies deserve full faith and credit, particularly in light of the presumption that they have performed their duties regularly. Indeed, the positive identification of appellant by the prosecution witnesses prevails over appellant's denial, which is inherently a weak defense.13 The trial court, therefore, disposed of the case as follows:
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WHEREFORE, from the foregoing, judgment is hereby rendered, finding the accused, Eduardo dela Cruz y Gumabat @ Eddie, GUILTY, beyond reasonable doubt of the crime charged. He is hereby sentenced to life imprisonment and to pay a fine of P500,000.00 without subsidiary imprisonment in case of insolvency and to pay the costs.

The specimen is forfeited in favor of the government and the Branch Clerk of Court, accompanied by the Branch Sheriff, is directed to turn over with dispatch and upon receipt the said specimen to the Philippine Drug Enforcement Agency (PDEA) for proper disposal in accordance with the law and rules.

SO ORDERED.14ChanRoblesVirtualawlibrary
Appellant appealed his conviction arguing that his warrantless arrest was unlawful for he was not, in fact, caught selling dangerous drugs but was merely committing the offense of illegal gambling. Thus, the ten (10) tablets of Valium allegedly seized from him is inadmissible as evidence.15 Appellant also argued that there was no showing that he was informed of the reason for his arrest, of his constitutional right to remain silent and to be assisted by a counsel of his choice.16 Appellant further faulted the prosecution for not only failing to present the buy-bust money as evidence in court17 but also failing to show proof that the confiscated Valium was subjected to a qualitative examination.18 He noted that the chemist who supposedly conducted the laboratory examination on the drug did not know the source from which it came.19

On March 19, 2012, the CA sustained appellant's conviction. At the outset, it noted that it was only in appellant's appeal that appellant raised for the first time the issue of the irregularity of his arrest. At no time before or during his arraignment did he object to the same. As such, jurisprudence dictates that he should be estopped from assailing said irregularity, for issues not raised in the lower courts cannot be raised for the first time on appeal without offending the basic rules of fair play.20 Even assuming that the police officers failed to inform appellant of his rights under custodial investigation, the appellate court held that such would not necessarily result in appellant's acquittal because his conviction was based not on any extrajudicial confession but on the testimony of PO1 Galotera who clearly and convincingly narrated the material details of the buy-bust operation that led to appellant's arrest.21

On appellant's main contention that the police officers should have obtained a judicial warrant to validly effect his arrest, the appellate court held that the instant case falls within one of the settled exceptions: an arrest made after an entrapment operation. This is because such warrantless arrest is considered valid under Section 5(a),22 Rule 113 of the Revised Rules on Criminal Procedure. The CA explained that buy-bust operations, such as the one conducted herein, is a form of entrapment where means are resorted to for the purpose of capturing lawbreakers in the execution of their own, criminal plan. In upholding the validity of the operation, the "objective test" demands that the details of the purported transaction be clearly shown, beginning from the initial contact between the poseur-buyer and the pusher, the offer to purchase, the promise or payment of the consideration, until the consummation of the sale by the delivery of the illegal drug subject of the sale.23 Here, the appellate court found that said requirements were adequately met for as observed by the trial court, the testimonies presented by the prosecution were given in a clear, straightforward and convincing manner.

As for the failure by the prosecution to offer as evidence the marked money, the CA cited jurisprudence holding that the absence of the marked money does not create a hiatus in the prosecution's evidence, as long as the sale of the dangerous drug is adequately proved.24 Furthermore, the appellate court rejected appellant's contention that there was no proof that the Valium that was subjected to qualitative examination was the same Valium seized from him during the buy-bust operation. According to the appellate court, the unbroken chain of custody of the ten (10) Valium tablets was established by the prosecution through the testimonies of PO1 Galotera and PO1 Magpale. Thus, in the absence of any bad faith or proof that the evidence has been tampered with, the integrity of the evidence is presumed to have been preserved.25cralawred

Aggrieved, appellant filed a Notice of Appeal26 on April 4, 2012. Thereafter, in compliance with the Resolution of the Court, dated March 13, 2013, notifying the parties that they may file their respective supplemental briefs, if they so desire, within thirty (30) days from notice, appellant filed his Supplemental Brief on June 14, 2013 raising the following errors:
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I

THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE NON-COMPLIANCE BY THE ARRESTING OFFICERS OF THE REQUIREMENTS FOR THE PROPER CUSTODY OF SEIZED DANGEROUS DRUGS UNDER R.A. NO. 9165.

II.

THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE PROSECUTION'S FAILURE TO PROVE THE IDENTITY OF THE CORPUS DELICTI.27ChanRoblesVirtualawlibrary
Appellant maintains that the instant case does not fall under the exceptions to the requirement of obtaining a judicial warrant prior to making an arrest under Section 5, Rule 113 of the Revised Rules on Criminal Procedure. According to appellant, for in flagrante warrantless arrests to be lawful, the following elements must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer. But here, appellant asserts that he was not exhibiting any strange actuation at the time of his arrest, merely playing cara y cruz with a friend. Thus, absent any physical act on the part of the accused, positively indicating that he had just committed a crime or was committing or attempting to commit one, no reasonable suspicion would be sufficient enough to justify his arrest and subsequent search without a warrant.28

Next, appellant asseverates that the prosecution foiled to establish, with moral certainty, that the item seized from him was the very same item presented and proved in court because of its non-compliance with the requirements under Section 21 of RA No. 9165 mandating the arresting team to conduct a physical inventory of the items seized and photograph the same in the presence of: (1) the accused; (2) a representative from the media; (3) a representative from the Department of Justice (DOJ); and (4) any elected public official who shall further be required to sign the copies of the said inventory. According to appellant, no physical inventory nor photograph was ever taken in this case.29

Furthermore, while appellant recognizes the jurisprudential teaching that non-compliance with Section 21 of RA No. 9165 is not fatal so long as: (1) there is justifiable ground therefor; and (2) the integrity and evidentiary value of the seized items were properly preserved by the apprehending team, he stressed that said conditions were not established in this case. Not only did the prosecution fail to adequately explain its failure to comply with said requirements, it likewise failed to show the preservation of the integrity and evidentiary value of the seized items. Appellant asserts that this is due to a gaping hole in the chain of custody of the seized items arising from the prosecution's failure to show how the seized drugs were transported from the place of arrest to the police station, or from the time they were delivered to the laboratory until their eventual presentation in court.

The appeal is unmeritorious.

To secure a conviction for the crime of illegal sale of regulated or prohibited drugs, the following elements under Section 5, Article II of RA No. 9165 should be satisfactorily proven: (1) the identities of the buyer and the seller, the object, and consideration; and (2) the delivery of the thing sold and the payment therefor. What is material to the prosecution for illegal sale of dangerous drugs is the proof that the transaction or sale actually took place, coupled with the presentation in court of evidence of corpus delicti.30

The Court finds that the prosecution sufficiently proved the preceding requisites warranting appellant's conviction. As appropriately found by the lower courts, the prosecution presented clear and convincing testimonies of the police officers categorically recounting, in detail, how they conducted the buy-bust operation, beginning from the receipt of the tip from the confidential informant, then to the marking of the buy-bust money with the initials of PO1 Galotera, and then to the meeting of the appellant as seller and PO1 Galotera as buyer, and next to the actual exchange of the blister pack containing the Valium tablets with the marked money, and then finally to the appellant's eventual arrest and turn over to the police station where his arrest was duly recorded. Moreover, the prosecution further presented before the trial court Chemistry Report No. D-787-09 on the seized tablets revealing positive results for Diazepam, a dangerous drug under RA No. 9165. It is clear, therefore, that the prosecution's evidence adequately established beyond reasonable doubt the identity of the buyer and seller, the ten (10) tablets of Valium as the object of the sale, the marked money as the consideration, as well as the exchange of the Valium and the marked money signifying the consummation of the sale.

In this regard, the Court cannot give credence to appellant's insistence on the illegality of his warrantless arrest due to an alleged absence of any overt act on his part positively indicating that he was committing a crime. He asserts that he was merely playing cara y cruz and denies any participation in the crime charged. Section 5, Rule 113 of the Rules of Court enumerates the circumstances by which a warrantless arrest are considered reasonable:
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Sec 5. Arrest without warrant, when lawful - A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.31ChanRoblesVirtualawlibrary
Contrary to appellant's claims, there is overwhelming evidence that he was actually committing a crime in the presence of the police officers who arrested him without a warrant. To repeat, straightforward and unwavering testimonies were presented by the prosecution narrating, in detail, how the police officers personally witnessed the sale by appellant of the dangerous drug, being actual participants of the buy-bust operation. Indeed, a buy-bust operation is a form of entrapment, in which the violator is caught in flagrante delicto and the police officers conducting the operation are not only authorized, but duty-bound, to apprehend the violator and to search him for anything that may have been part of or used in the commission of the crime.32 Against the positive testimonies of the prosecution witnesses, appellant's plain denial of the offense charged, unsubstantiated by any credible and convincing evidence, must simply fail.33

As for appellant's contention that the prosecution failed to establish that the items seized from him were the very same items presented and proved in court due to its non-compliance with the requirements under Section 21 of RA No. 9165 mandating the arresting officers to take photographs and conduct a physical inventory of the items seized, the Court is not convinced. Section 21, Paragraph 1, Article II of RA No. 9165 provides:
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Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. - The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:


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  • G.R. Nos. 210220-21, April 06, 2016 - EDWARD THOMAS F. JOSON, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GOV. AURELIO M. UMALI, ALEJANDRO R. ABESAMIS, EDILBERTO M. PANCHO, MA. CHRISTINA G. ROXAS, AND FERDINAND R. ABESAMIS, Respondents.

  • G.R. No. 219811, April 06, 2016 - REX DACLISON, Petitioner, v. EDUARDO BAYTION, Respondent.

  • G.R. No. 201852, April 05, 2016 - ROBERTO G. ROSALES, NICANOR M. BRIONES, PONCIANO D. PAYUYO, JOSE R. PING-AY, ISIDRO Q. LICO, AND JOSE TAN RAMIREZ, IN THEIR CAPACITY AS MEMBERS OF THE BOARD OF DIRECTORS OF NATIONAL ALLIANCE FOR CONSUMER EMPOWERMENT OF ELECTRIC COOPERATIVES AND ON BEHALF OF THE NINE MILLION (9,000,000) MEMBER CONSUMERS OF NEA-ELECTRIC COOPERATIVES NATIONWIDE WHO HAVE CONTRIBUTED THE MEMBERS' CONTRIBUTIONS FOR CAPITAL EXPENDITURES (MCC) OR REINVESTMENT FUND FOR SUSTAINABLE CAPITAL EXPENDITURES (RFSC), Petitioners, v. ENERGY REGULATORY COMMISSION (ERC), ASELCO, AKELCO, ALECO, ANTECO, AURELCO, BATELEC I, BATELEC II, BENECO, BILECO, BOHECO I, BOHECO II, FIBECO, BUSECO, CAGELCO I, CAGELCO II, CASURECO I, CASURECO II, CASURECO III, CASURECO IV, CAMELCO, CAPELCO, CEBECO I, CEBECO II, CEBECO III, CENECO, CENPELCO, DORECO, DASURECO, ESAMELCO, FLECO, GUIMELCO, IFELCO, INEC, ISECO, ILECO I, ILECO II, ILECO III, ISELCO I, KAELCO, LUELCO, SORECO I, LANECO, LEYECO I/DORELCO, LEYECO II, LEYECO III, LEYECO IV, LEYECO V, PENELCO, MOELCO I, MOELCO II, MORESCO I, MORESCO II, MOPRECO, NORECO I, NORSAMELCO, NEECO I, NEECO II - Area I, NEECO II - Area II, PELCO I, PELCO II, CANORECO, PRESCO, QUEZELCO I, QUEZELCO II, SAMELCO I, SAMELCO II, SIARELCO, SOCOTECO I, SOCOTECO II, SOLECO, SUKELCO, SURNECO, SURSECO I, SURSECO II, TARELCO I, TARELCO II, VRESCO, ZAMECO I, ZAMECO II, ZAMCELCO, ZANECO, ZAMSURECO I, ZAMSURECO II, BATANELCO, LUBELCO, OMECO, ORMECO, MARELCO, TIELCO, ROMELCO, BISELCO, FICELCO, MACELCO, TISELCO, BANELCO, PROSIELCO, CELCO, COTELCO, TAWELCO, SIASELCO, SULECO, BASELCO, CASELCO, LASURECO, MAGELCO, DIELCO, and COTELCO-PALMA, Respondents.

  • G.R. No. 206226, April 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NIEVES CONSTANCIO Y BACUNGAY, ERNESTO BERRY Y BACUNGAY, Accused-Appellants.

  • G.R. No. 207659, April 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FUNDADOR CAMPOSANO Y TIOLANTO, @ "Punday/Masta" AND HERMAN' DE LOS REYES @ "YOB," Accused-Appellant.

  • G.R. No. 209165, April 12, 2016 - LNL ARCHIPELAGO MINERALS, INC., Petitioner, v. AGHAM PARTY LIST (REPRESENTED BY ITS PRESIDENT REP. ANGELO B. PALMONES), Respondent.

  • G.R. No. 213394, April 06, 2016 - SPOUSES EMMANUEL D. PACQUIAO AND JINKEE J. PACQUIAO, Petitioners, v. THE COURT OF TAX APPEALS - FIRST DIVISION AND THE COMMISSION OF INTERNAL REVENUE, Respondents.

  • G.R. No. 192320, April 04, 2016 - BENJAMIN L. VERGARA, JONA M. SARVIDA AND JOSEPHINE P. SABALLA, Petitioners, v. ATTY. EUSEBIO I. OTADOY, JR., Respondent.

  • G.R. No. 216572, April 19, 2016 - FELICIANO LEGASPI, Petitioner, v. COMMISSION ON ELECTIONS, ALFREDO D. GERMAR, AND ROGELIO P. SANTOS, JR., Respondent.

  • G.R. No. 196028, April 18, 2016 - SAMAHAN NG MAGSASAKA AT MANGINGISDA NG SITIO NASWE, INC. [SAMMANA], REPRESENTED BY ROGELIO A. COMMENDADOR, PRESIDENT, Petitioner, v. TOMAS TAN, Respondent.

  • G.R. No. 186107, April 20, 2016 - NARCISA M. NICOLAS, Petitioner, v. PEOPLE OF THE PHILIPPINES AND SPOUSES RALPH ADORABLE AND ROWENA ADORABLE, Respondent.

  • G.R. No. 205002, April 20, 2016 - COMMISSIONER OF CUSTOMS, COLLECTOR OF CUSTOMS OF THE PORT OF BATANGAS, AND THE BUREAU OF CUSTOMS, Petitioners, v. PILIPINAS SHELL PETROLEUM CORPORATION (PSPC), WILLIE J. SARMIENTO, PSPC VICE-PRESIDENT FOR FINANCE AND TREASURER AND ATTY. CIPRIANO U. ASILO, Respondents.

  • G.R. No. 195728, April 19, 2016 - PARAMOUNT LIFE & GENERAL INSURANCE CORPORATION, Petitioner, v. CHERRY T. CASTRO AND GLENN ANTHONY T. CASTRO, Respondents.; G.R. No. 211329 - CHERRY T. CASTRO AND GLENN ANTHONY T. CASTRO, Petitioners, v. PARAMOUNT LIFE & GENERAL INSURANCE CORPORATION, Respondent.

  • G.R. No. 189607, April 18, 2016 - RENATO A. CASTILLO, Petitioner, v. LEA P. DE LEON CASTILLO, Respondent.

  • A.M. No. P-16-3447 (formerly: OCA I.P.I. No. 08-2915-P), April 19, 2016 - LUALHATI C. GUBATANGA, CLERK OF COURT II, MUNICIPAL TRIAL COURT, BALAGTAS, BULACAN, Complainant, v. RENATO V. BODOY, UTILITY WORKER I, MUNICIPAL TRIAL COURT, BALAGTAS, BULACAN, Respondent.

  • G.R. No. 202124, April 05, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. IRENEO JUGUETA Accused-Appellant.

  • A.M. No. P-16-3436 [Formerly A.M. No. 13-12-261-RTC], April 05, 2016 - REPORT ON THE THEFT OF COURT EXHIBIT BY ROBERTO R. CASTRO, UTILITY WORKER I, REGIONAL TRIAL COURT, BRANCH 172, VALENZUELA CITY

  • A.C. No. 10781 [Formerly CBD Case No. 10-2764], April 12, 2016 - COBALT RESOURCES, INC., Complainant, v. ATTY. RONALD AGUADO, Respondent.

  • A.C. No. 7110, April 20, 2016 - ARTHUR S. TULIO, Complainant, v. ATTY. GREGORY F. BUHANGIN, Respondent.

  • A.M. No. P-16-3437 [Formerly OCA IPI No. 11-3665-P], April 20, 2016 - PROSECUTOR III LEO C. TABAO, Petitioner, v. SHERIFF IV JOSE P. CABCABIN, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, TACLOBAN CITY, Respondent.

  • G.R. No. 181892, April 19, 2016 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY EXECUTIVE SECRETARY EDUARDO R. ERMITA, THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, AND MANILA INTERNATIONAL AIRPORT AUTHORITY, Petitioners, v. HON. JESUS M. MUPAS, IN HIS CAPACITY AS ACTING PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, NATIONAL CAPITAL JUDICIAL REGION, BRANCH 117, PASAY CITY, AND PHILIPPINE INTERNATIONAL AIR TERMINALS CO., INC., Respondents.; G.R. NO. 209917 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, AND MANILA INTERNATIONAL AIRPORT AUTHORITY, Petitioners, v. PHILIPPINE INTERNATIONAL AIR TERMINALS COMPANY, INC., TAKENAKA CORPORATION AND ASAHIKOSAN CORPORATION, Respondents.; G.R. NOS. 209696 - TAKENAKA CORPORATION AND ASAHIKOSAN CORPORATION, Petitioners, v. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, MANILA INTERNATIONAL AIRPORT AUTHORITY, AND PHILIPPINE INTERNATIONAL AIR TERMINALS COMPANY, INC. Respondents.; G.R. NO. 209731 - PHILIPPINE INTERNATIONAL AIR TERMINALS CO., INC., Petitioner, v. REPUBLIC OF THE PHILIPPINES, AS REPRESENTED BY EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, MANILA INTERNATIONAL AIRPORT AUTHORITY, TAKENAKA CORPORATION, AND ASAHIKOSAN CORPORATION, Respondent.

  • A.M. No. RTJ-14-2385 [Formerly A.M. No. 14-4-115-RTC], April 20, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Petitioner, v. JUDGE ROMEO B. CASALAN, [FORMERLY A.M. NO. 14-4-115-RTC (REPORT ON THE FINANCIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT [RTC], BRANCHES 13 AND 65, CULASI AND BUGASONG, ANTIQUE, Respondent.

  • G.R. No. 191616, April 18, 2016 - FRANCIS C. CERVANTES, Petitioner, v. CITY SERVICE CORPORATION AND VALENTIN PRIETO, JR., Respondents.

  • G.R. No. 192428, April 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELPEDIO CASTA

  • G.R. No. 202051, April 18, 2016 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS & HIGHWAYS; ENGINEER SIMPLICIO D. GONZALES, DISTRICT ENGINEER, SECOND ENGINEERING DISTRICT OF CAMARINES SUR; AND ENGINEER VICTORINO M. DEL SOCORRO, JR., PROJECT ENGINEER, DPWH, BARAS, CANAMAN, CAMARINES SUR, Petitioners, v. SPOUSES ILDEFONSO B. REGULTO AND FRANCIA R. REGULTO, Respondents.

  • A.C. No. 8172, April 12, 2016 - ALEX NULADA, Complainant, v. ATTY. ORLANDO S. PAULMA, Respondent.

  • G.R. No. 184933, April 13, 2016 - VIOLETA BALBA, FOR AND IN BEHALF OF HER MINOR CHILDREN ROY VINCE AND VIENNA GRACIA, BOTH SURNAMED BALBA, Petitioners, v. TIWALA HUMAN RESOURCES, INC., AND/OR TOGO MARITIME CORP., Respondents.

  • G.R. No. 210308, April 06, 2016 - ASIAN INTERNATIONAL MANPOWER SERVICES, INC., Petitioner, v. DEPARTMENT OF LABOR AND EMPLOYMENT, Respondent.

  • G.R. No. 206766, April 06, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO YEPES, Accused-Appellants.

  • G.R. No. 195552, April 18, 2016 - ACS DEVELOPMENT & PROPERTY MANAGERS, INC., Petitioner, v. MONTAIRE REALTY AND DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 216607, April 05, 2016 - ARLENE LLENA EMPAYNADO CHUA, Petitioner, v. COMMISSION ON ELECTIONS, IMELDA E. FRAGATA, AND KRYSTLE MARIE C. BACANI, Respondents.

  • G.R. No. 210621, April 04, 2016 - ALFREDO MANAY, JR., FIDELINO SAN LUIS, ADRIAN SAN LUIS, ANNALEE SAN LUIS, MARK ANDREW JOSE, MELISSA JOSE, CHARLOTTE JOSE, DAN JOHN DE GUZMAN, PAUL MARK BALUYOT, AND CARLOS S. JOSE, Petitioners, v. CEBU AIR,INC, Respondent.

  • G.R. No. 184068, April 19, 2016 - SIMNY G. GUY, AS MINORITY STOCKHOLDER AND FOR AND IN BEHALF OF GOODLAND COMPANY, INC., Petitioner, v. GILBERT G. GUY, ALVIN AGUSTIN T. IGNACIO AND JOHN AND/OR JANE DOES, Respondents.

  • G.R. No. 214349, April 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEO MENDOZA, Accused-Appellants.

  • G.R. No. 216010, April 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JIMMY ULANDAY @ "SAROY", Accused-Appellants.

  • G.R. No. 216776, April 19, 2016 - PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO), Petitioner, v. CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSIONER HEIDI L. MENDOZA, COMMISSIONER ROWENA V. GUANZON, THE COMMISSIONERS, COMMISSION ON AUDIT (COA), Respondents.

  • G.R. No. 215534, April 18, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. LIQUIGAZ PHILIPPINES CORPORATION, Respondent.; G.R. NO. 215557 - LIQUIGAZ PHILIPPINES CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 197136, April 18, 2016 - ROMEO PUCYUTAN, FOR AND IN BEHALF OF THE CITY OF MUNTINLUPA, METRO MANILA AS ITS CITY TREASURER, Petitioner, v. MANILA ELECTRIC COMPANY, INC., Respondent.

  • G.R. No. 203949, April 06, 2016 - SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Petitioners, v. JUAN G. VELASQUEZ, Respondent.; G.R. No. 205071 - JUAN G. VELASQUEZ, Petitioner, v. SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Respondents.

  • G.R. No. 217508, April 18, 2016 - JOSEPH SCOTT PEMBERTON, Petitioner, v. HON. LEILA M. DE LIMA, IN HER CAPACITY AS THE SECRETARY OF JUSTICE, JUDGE ROLINE GINEZ- JABALDE, IN HER CAPACITY AS PRESIDING JUDGE OF BRANCH 74 OF THE REGIONAL TRIAL COURT OF OLONGAPO CITY, AND MARILOU LAUDE Y SERDONCILLO, Respondents.

  • G.R. Nos. 221849-50, April 04, 2016 - DATU GUIMID P. MATALAM, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 204325, April 18, 2016 - LYNMAN BACOLOR, JEFFREY R. GALURA, HELEN B. TORRES, FRITZIE C. VELLEGAS, RAYMOND CANLAS AND ZHEILA C. TORRES, Petitioners, v. VL MAKABALI MEMORIAL HOSPITAL, INC., ALEJANDRO S. MAKABALI, MELCHOR CATAMBING AND DAX M. TIDULA, Respondents.

  • G.R. No. 175869, April 18, 2016 - ROBINA FARMS CEBU/UNIVERSAL ROBINA CORPORATION, Petitioner, v. ELIZABETH VILLA, Respondent.

  • G.R. No. 212382, April 06, 2016 - SCANMAR MARITIME SERVICES, INCORPORATED, CROWN SHIPMANAGEMENT INC., LOUIS DREYFUS ARMATEURS AND M/T ILE DE BREHAT AND/OR MR. EDGARDO CANOZA, Petitioners, v. EMILIO CONAG, Respondent.

  • G.R. No. 211098, April 20, 2016 - THE WELLEX GROUP, INC., Petitioner, v. SHERIFF EDGARDO A. URIETA OF THE SANDIGANBAYAN SECURITY AND SHERIFF SERVICES, THE SANDIGANBAYAN SECURITY AND SHERIFF SERVICES, AND BDO UNIBANK, INC. (FORMERLY EQUITABLE PCI BANK, INC.), Respondents.

  • G.R. No. 199464, April 18, 2016 - ROGELIO ROSARIO, RUDY ROSARIO, MARY ANN GUTIERREZ, SYLVIA CASTILLO, LOURDES JOSE, LORENA ESTEPA, VIRGINIA ESTEPA AND REMEDIOS SABADO, Petitioners, v. RIZALITO F. ALBA, Respondent.

  • G.R. No. 206459, April 06, 2016 - SPOUSES FLORANTE E. JONSAY AND LUZVIMINDA L. JONSAY AND MOMARCO IMPORT CO., INC., Petitioners, v. SOLIDBANK CORPORATION (NOW METROPOLITAN BANK AND TRUST COMPANY), Respondent.

  • G.R. No. 167838, April 20, 2016 - JOSE V. TOLEDO, GLENN PADIERNOS AND DANILO PADIERNOS, Petitioners, v. COURT OF APPEALS, LOURDES RAMOS, ENRIQUE RAMOS, ANTONIO RAMOS, MILAGROS RAMOS AND ANGELITA RAMOS AS HEIRS OF SOCORRO RAMOS, GUILLERMO PABLO, PRIMITIVA CRUZ AND A.R.C. MARKETING CORPORATION, REPRESENTED BY ITS PRESIDENT, ALBERTO C. DY, Respondent.

  • G.R. No. 189577, April 20, 2016 - PHILIPPINE NATIONAL BANK, Petitioner, v. SPS. VICTORIANO & JOVITA FARICIA RIVERA, Respondents.

  • G.R. No. 209011, April 20, 2016 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. DIANA P. ALIBUDBUD, Respondent.

  • G.R. No. 167679, April 20, 2016 - 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. 207662, April 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff and Appellee, v. FABIAN URZAIS Y LANURIAS, ALEX BAUTISTA, AND RICKY BAUTISTA, Accused.; FABIAN URZAIS Y LANURIAS, Accused-Appellant.

  • G.R. No. 174333, April 20, 2016 - PILIPINAS SHELL FOUNDATION, INC. AND SHELL PHILIPPINES EXPLORATION B.V., Petitioners, v. TOMAS M. FREDELUCES, MARCOS B. CORPUZ, JR., REYNALDO M. SAMONTE, NORMA M. SAMONTE, AMBROCIO VILLANUEVA, SALVACION A. BON, RAMIRO A. BON, LUZVIMINDA B. ANDILLO, LUDIVICO F. BON, ELMO AREGLO, ROSE A. SAN PEDRO, DANTE U. SANTOS, SR., MIGUEL SANTOS, EFREN U. SANTOS, RIC U. SANTOS, SIMON MARCE, JR., JOEL F. SALINEL, BEBIANA SAN PEDRO, AND MARINA SANTOS, Respondents.

  • G.R. No. 175736 & 175898, April 12, 2016 - JOSE RIZAL L. REMO, REYNALDO G. PANALIGAN, TITA L. MATULIN, ISAGANI CASALME, CIPRIANO P. ROXAS, CESARIO S. GUTIERREZ, CELSO A. LANDICHO, AND EDUARDO L. TAGLE, Petitioners, v. ADMINISTRATOR EDITA S. BUENO, NATIONAL ELECTRIFICATION ADMINISTRATION (NEA) BOARD OF ADMINISTRATORS AND MEMBER-CONSUMERS OF BATELEC II, Respondents.; G.R. NO. 175898 - JOSE RIZAL L. REMO, REYNALDO G. PANALIGAN, TITA L. MATULIN, ISAGANI CASALME, CIPRIANO P. ROXAS, CESARIO S. GUTIERREZ, CELSO A. LANDICHO, AND EDUARDO L. TAGLE, Petitioners, v. ADMINISTRATOR EDITA S. BUENO, SEC. RAPHAEL LOTILLA, WILFREDO BILLENA, JOSE VICTOR LOBRIGO, EVANGELITO ESTACA AND MARILYN CAGUIMBAL, Respondents.

  • G.R. No. 188145, April 18, 2016 - SPOUSES PRIMO INALVEZ AND JULIANA INALVEZ, Petitioners, v. BAYANG NOOL, ALLAN NOOL AND CELESTINO NOOL, Respondents.

  • G.R. No. 172593, April 20, 2016 - NAPOLEON S. RONQUILLO, JR., EDNA G. RA

  • G.R. No. 192488, April 19, 2016 - BLUE EAGLE MANAGEMENT, INC., MA. AMELIA S. BONOAN, AND CARMELITA S. DELA RAMA, Petitioners, v. JOCELYN L. NAVAL, Respondent.

  • G.R. No. 194119, April 13, 2016 - SONIA F. MARIANO, Petitioner, v. MARTINEZ MEMORIAL COLLEGES, INC., AND/OR FERDINAND A. MARTINEZ/ DR. ELIZABETH M. DEL RIO, Respondents.

  • G.R. No. 215548, April 05, 2016 - UNDERSECRETARY AUSTERE A. PANADERO AND REGIONAL DIRECTOR RENE K. BURDEOS, BOTH OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG), Petitioners, v. COMMISSION ON ELECTIONS, Respondent.; G.R. NO. 215726 - UNDERSECRETARY AUSTERE A. PANADERO AND REGIONAL DIRECTOR RENE K. BURDEOS, BOTH OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG), Petitioners, v. COMMISSION ON ELECTIONS AND MOHAMMAD EXCHAN GABRIEL LIMBONA, Respondents.; G.R. NO. 216158 - MANGONDAYA ASUM TAGO, Petitioner, v. COMELEC AND MOHAMMAD EXCHAN GABRIEL LIMBONA, Respondents.

  • G.R. No. 208066, April 12, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHN GLEN WILE, EFREN BUENAFE, JR., MARK ROBERT LARIOSA AND JAYPEE PINEDA, Accused-Appellants.

  • A.M. No. RTJ-16-2455 (Formerly OCA I.P.I. No.10-3443-RTJ), April 11, 2016 - NEMIA CASTRO, Complainant, v. JUDGE CESAR A. MANGROBANG, REGIONAL TRIAL COURT, BRANCH 22, IMUS, CAVITE, Respondent.

  • A.C. No. 7447, April 18, 2016 - RENE B. HERMANO, Complainant, v. ATTY. IGMEDIO S. PRADO JR., Respondent.

  • G.R. No. 210273, April 19, 2016 - BIBIANO C. RIVERA AND LUIS K. LOKIN, JR., Petitioners, v. COMMISSION ON ELECTIONS (COMELEC), THE SECRETARY-GENERAL OF THE HOUSE OF REPRESENTATIVES, SHERWIN N. TUGNA AND CINCHONA C. CRUZ-GONZALES, Respondents.; G.R. NO. 213069 - CITIZENS' BATTLE AGAINST CORRUPTION (CIBAC) FOUNDATION AS REPRESENTED BY JESUS EMMANUEL L. VARGAS, Petitioner, v. CIBAC NATIONAL COUNCIL AS REPRESENTED BY EMMANUEL JOEL VILLANUEVA, AND THE COMMISSION ON ELECTIONS (COMELEC), Respondents.

  • A.C. No. 11139, April 19, 2016 - PHILCOMSAT* HOLDINGS CORPORATION, DULY REPRESENTED BY ERLINDA I. BILDNER, Complainant, v. ATTY. LUIS K. LOKIN, JR. AND ATTY. SIKINI C. LABASTILLA, Respondents.

  • G.R. No. 194402, April 05, 2016 - NEPTALI S. FRANCO, MELINDA L. OCAMPO, ARTEMIO P. MAGABO, REPRESENTED HEREIN BY SOLEDAD MAGABO, BERNARDA C. LAVISORES, NICOMEDES B. DEYNATA, ALBERTO D. DOSAYLA, REPRESENTED HEREIN BY AILENE JOY BILLONES DOSAYLA AND MARIETTA U. LARRACAS, Petitioners, v. ENERGY REGULATORY COMMISSION, THE HON. ZENAIDA G. CRUZ-DUCUT, IN HER CAPACITY AS CHAIRMAN OF THE ENERGY REGULATORY COMMISSION, DEPARTMENT OF BUDGET AND MANAGEMENT, THE SECRETARY FLORENCIO B. ABAD AND RICALINDA N. ADRIATICO, THE DIRECTOR OF THE BUDGET AND MANAGEMENT BUREAU-A, Respondents.

  • G.R. No. 213299, April 19, 2016 - PNCC SKYWAY CORPORATION, Petitioner, v. THE SECRETARY OF LABOR AND EMPLOYMENT AND PNCC SKYWAY CORPORATION EMPLOYEES UNION, Respondents.

  • G.R. No. 191699, April 19, 2016 - WILLIAM GO QUE CONSTRUCTION AND/OR WILLIAM GO QUE, Petitioner, v. COURT OF APPEALS AND DANNY SINGSON, RODOLFO PASAQUI,1 LENDO LOMINIQUI,2 AND JUN ANDALES, Respondents.

  • G.R. No. 210540, April 19, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. HOMER AND MA. SUSANA DAGONDON, Respondents.

  • G.R. No. 203370, April 11, 2016 - MALAYAN INSURANCE COMPANY, INC. AND HELEN Y. DEE, Petitioners, v. PHILIP PICCIO, MIA GATMAYTAN, MA. ANNABELLA RELOVA SANTOS, JOHN JOSEPH GUTIERREZ, JOCELYN UPANO, JOSE DIZON, ROLANDO PAREJA, WONINA M. BONIFACIO, ELVIRA CRUZ, CORNELIO ZAFRA, VICENTE ORTUOSTE, VICTOMA GOMEZ JACINTO, JUVENCIO PERECHE, JR., RICARDO LORAYES, PETER C. SUCHIANCO, AND TRENNIE MONSOD, Respondents.; G.R. NO. 215106 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. PHILIP PICCIO, MIA GATMAYTAN, MA. ANNABELLA RELOVA SANTOS, JOHN JOSEPH GUTIERREZ, JOCELYN UPANO, JOSE DIZON, ROLANDO PAREJA, WONINA M. BONIFACIO, ELVIRA CRUZ, CORNELIO ZAFRA, VICENTE ORTUOSTE, VICTORIA GOMEZ JACINTO, JUVENCIO PERECHE, JR., RICARDO LORAYES, PETER C. SUCHIANCO, AND TRENNIE MONSOD, Respondents.

  • G.R. No. 202618, April 12, 2016 - CONSULAR AREA RESIDENTS ASSOCIATION, INC., REPRESENTED BY ITS PRESIDENT BENJAMIN V. ZABAT, ROMEO JUGADO, JR., AND NANCY QUINO, Petitioner, v. ARNEL PACIANO D. CASANOVA, ENGR. TOMAS Y. MACROHON, LOCAL HOUSING BOARD OF TAGUIG CITY, AND THE CITY GOVERNMENT OF TAGUIG, Respondents.

  • G.R. No. 214934, April 12, 2016 - PACIFIC REHOUSE CORPORATION, Petitioner, v. JOVEN L. NGO, AS REPRESENTED BY OSCAR J. GARCIA, Respondent.

  • A.C. No. 9018, April 20, 2016 - TERESITA P. FAJARDO, Complainant, v. ATTY. NICANOR C. ALVAREZ, Respondent.

  • A.M. No. 12-8-59-MCTC, April 12, 2016 - RE: FINDINGS ON THE JUDICIAL AUDIT CONDUCTED AT THE 7TH MUNICIPAL CIRCUIT TRIAL COURT, LILOAN-COMPOSTELA, LILOAN, CEBU.

  • G.R. No. 208360, April 06, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. FELIPE BUGHO Y ROMPAL, A.K.A. "JUN THE MAGICIAN", Appellant.

  • G.R. No. 208446, April 06, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JONEL VARGAS Y RAMOS, JERIENALD VILLAMERO Y ESMAN, ARMANDO CADANO @ MANDO, JOJO ENORME @ JOJO, RUTHER GARCIA @ BENJIE/LOLOY, AND ALIAS TABOY, ACCUSED, JONEL VARGAS Y RAMOS, JERIENALD VILLAMERO Y ESMAN, Accused-Appellants.