Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2016 > January 2016 Decisions > G.R. No. 191132, January 27, 2016 - APOSTOLIC VICAR OF TABUK, INC. REPRESENTED BY BISHOP PRUDENCIO ANDAYA, JR., Petitioner, v. SPOUSES ERNESTO AND ELIZABETH SISON AND VENANCIO WADAS, Respondents.:




G.R. No. 191132, January 27, 2016 - APOSTOLIC VICAR OF TABUK, INC. REPRESENTED BY BISHOP PRUDENCIO ANDAYA, JR., Petitioner, v. SPOUSES ERNESTO AND ELIZABETH SISON AND VENANCIO WADAS, Respondents.

PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

G.R. No. 191132, January 27, 2016

APOSTOLIC VICAR OF TABUK, INC. REPRESENTED BY BISHOP PRUDENCIO ANDAYA, JR., Petitioner, v. SPOUSES ERNESTO AND ELIZABETH SISON AND VENANCIO WADAS, Respondents.

D E C I S I O N

BRION, J.:

This petition for review on certiorari seeks to reverse the 23 November 2009 and 26 January 2010 orders of the Regional Trial Court of Luna, Apayao, Branch 26 (RTC) in Civil Case No. 2-2009.1 The RTC dismissed the petitioner's Rule 47 petition for annulment of judgment addressing the decision of the 6th Municipal Circuit Trial Court of Kabugao-Conner (MCTC) in SPL. Civil Case No. 32-05-Cr.2

ANTECEDENTS

On 16 February 2005, the respondent spouses Ernesto and Elizabeth Sison and respondent Venancio Wadas filed a forcible entry complaint against the Vicar Apostolic of Mountain Province represented by Fr. Gerry Gudmalin. The complaint was filed with the MCTC and docketed as Spl. Civil Case No. 32-2005-Cr.

The respondents alleged that on 29 August 2004, Fr. Gerry Gudmalin, a priest of the St. Anthony Church of the Vicar Apostolic of Mountain Province, ordered the forcible demolition of their respective perimeter fences in order to expand the area of the Church. The priest dispossessed them of their lands and began constructing a building that encroached on portions of their respective lots.

On 11 March 2005, MCTC Junior Process Server Raul T. Abad executed an officer's return. The return states:
Respectfully informed the Hon. Court regarding the "SUMMON[s]" in Civil Case No. 32-2005-Cr., with the information that it was duly served, but the person/defendant cited therein went to Manila for an official business as per verbal information related by her [sic] secretary Mariphee B. Polio, who received and signed said summon[s], she promised the undersigned that said summon[s] will be handed to the defendant upon his arrival from Manila.
On 13 July 2005, the case was submitted for decision because the defendant failed to file its answer despite service of summons.

On 12 August 2005, the MCTC rendered a decision in favor of the respondents. It ordered Fr. Gerry Gudmalin and the Vicar Apostolic of Mountain Province to: (1) refrain from any further construction within the respondents' properties; (2) remove their constructions; (3) vacate and return the respondents' properties; and (4) pay damages.

On 7 September 2005, the MCTC decision became final and executory.3

On 19 September 2005, petitioner Apostolic Vicar of Tabuk, Inc. (the Vicariate of Tabuk) filed an urgent manifestation and motion before the MCTC.4 It manifested: (1) that the land subject of Spl. Civil Case No. 32-05-Cr. is owned and possessed by the Vicariate of Tabuk represented by Reverend Monsignor Prudencio P. Andaya, Jr., not by the Vicariate Apostolic of Mt. Province represented by Fr. Gerry Gudmalin as alleged in the complaint; and (2) that it had been denied due process because it was neither impleaded nor served summons. It moved for the court to set aside its 12 August 2005 decision and to summon and implead the Vicariate of Tabuk.

On 28 August 2006, the MCTC denied the petitioner's urgent motion and manifestation.5 It treated the motion as a motion for reconsideration - a prohibited pleading under Section 19 of the Rules on Summary Procedure. It also stressed that in ejectment cases, the basic issue is possession de facto, not ownership; the proper defendant is the person who actually disturbed the complainant's possession over the property. Thus, the respondents correctly impleaded the Vicariate of Mt. Province (represented by Fr. Gerry Gudmalin) which ordered the demolition of the perimeter fences and the expansion of the Church's occupied area.

On 7 September 2007, the petitioner filed a notice of appeal from the 28 August 2006 decision. The appeal was raffled to the Regional Trial Court (RTC) of Luna, Apayao, Branch 26 and docketed as Civil Case No. 1-2008.6

On 3 June 2008, the RTC dismissed the appeal because the petitioner failed to file its appellant's memorandum within the reglementary period.

On 10 June 2009, the Vicariate of Tabuk filed a Rule 47 petition for annulment of the MCTC judgment in Special Civil Case No. 32-2005-Cr.7 It argued that the MCTC rendered the decision without acquiring jurisdiction over its person. It also alleged that the Vicariate of Mt. Province no longer exists because it was dissolved in 1990. The petition was filed before the RTC of Luna, Apayao, Branch 26 and docketed as Civil Case No. 2-2009.

The respondents filed a motion to dismiss8 dated 14 July 2009 because: (1) the petition had no cause of action and (2) the Vicariate of Tabuk had no juridical personality or legal capacity to sue. The respondents reasoned that the Vicariate of Mt. Province, through Fr. Gerry Gudmalin was properly impleaded because the sole issue was prior possession. They posited that since the Vicariate of Tabuk and Bishop Prudencio Andaya were not impleaded in Spl. Civil Case No. 32-2005-Cr, then they have no personality to file the petition for the annulment of judgment.

On 28 August 2009, the Vicariate of Tabuk filed its opposition9 arguing that: (1) it is a corporation sole duly registered with the Securities and Exchange Commission; and (2) it is the proper party to file the petition for annulment because Fr. Gerry Gudmalin had no authority to represent the corporation sole in Spl. Civil Case No. 32-2005-Cr.

On 17 September 2009, the RTC denied the motion to dismiss because the petition stated a cause of action.10 It held that if the allegations in the petition were hypothetically admitted, then a judgment can be rendered in accordance with the prayer. It brushed aside the contention that the Vicariate of Tabuk had no legal personality because its articles of incorporation were attached to the opposition.

On 22 September 2009, the respondents moved for reconsideration of the RTC's denial of their motion to dismiss.

On 23 November 2009, the RTC reconsidered its denial and dismissed the petition for failure to state a cause of action. The RTC reasoned that the petitioner's filing of a notice of appeal and subsequent failure to file its appeal memorandum precluded its resort to annulment of judgment; the remedy is not available to a party who lost his right to appeal due to his own fault. The RTC concluded that since the petitioner claimed ownership over the property, then it should file an appropriate case of ownership with the proper court instead.

The petitioner moved for reconsideration which the RTC denied on 26 January 2010.

On 19 February 2010, the petitioner elevated the case directly to this court by filing the present petition for review on certiorari.

THE PETITION

The petitioner prays that the Court set aside the RTC's dismissal of its petition for annulment of judgment and to issue a mandatory injunction restoring its possession of the subject lot.

It argues: (1) that its petition for annnulment sufficiently stated a cause of action; (2) that it is the real party-in-interest that should have been impleaded in the ejectment suit; (3) that it had legal standing to question the MCTC's failure to serve summons; and (4) that its filing of a notice of appeal did not amount to voluntary submission to the MCTC's jurisdiction because the void judgment was already "final and executory" when the petitioner discovered it.

In their comment, the respondents maintain: (1) that the MCTC acquired jurisdiction over the named defendant in the case; (2) that as the actual occupant of the subject property, the named defendant is the real party-in-interest; and (3) that the petitioner cannot resort to an action for annulment of judgment (an equitable remedy) because it lost its opportunity to appeal after it failed to file its appellant's brief.

OUR RULING

The RTC dismissed the Vicariate of Tabuk's petition for annulment of judgment because it allegedly failed to state a cause of action. However, upon reviewing the RTC's 23 November 2009 order and examining the petition for annulment, we conclude that the dismissal was actually due to lack of a cause of action.

Failure to state a cause of action and lack of a cause of action are not the same. Failure to state a cause of action refers to an insufficiency of the allegations in the petition/complaint. It is a ground for dismissal under Rule 16 of the Rules of Court before the defendant or respondent files a responsive pleading. Notably, the dismissal is without prejudice to the re­filing of an amended complaint.

On the other hand, the lack of a cause of action refers to an insufficiency of factual or legal basis to grant the complaint. It applies to a situation where the evidence failed to prove the cause of action alleged in the pleading. It is a ground for dismissal using a demurrer to evidence under Rule 33 after the plaintiff has completed presenting his evidence. The dismissal constitutes res judicata on the issue and will bar future suits based on the same cause of action.

In the present case, the petition for annulment of judgment actually stated a cause of action: that the MCTC rendered a judgment against the petitioner without acquiring jurisdiction over its person. If the RTC hypothetically admitted this allegation, the petitioner becomes entitled to the relief prayed for: the annulment of the MCTC judgment. Thus, the RTC erred when it stated that the dismissal was for "failure to state a cause of action."

Nevertheless, Rule 47 authorizes the RTC to dismiss a petition for annulment of judgment outright if it has no substantial merit:
Section 5. Action by the court. — Should the court find no substantial merit in the petition, the same may be dismissed outright with specific reasons for such dismissal. x x x
We affirm the RTC's dismissal of the petition.

First, in an ejectment suit (action interdictal), the sole issue is the right of physical or material possession over the subject real property independent of any claim of ownership by the parties involved. Ownership over the property is immaterial and is only passed upon provisionally for the limited purpose of determining which party has the better right to possession.11

The only purpose of an ejectment suit for Forcible Entry (detentacion) is to protect the person who had prior physical possession against another who unlawfully entered the property and usurped his possession. The suit is only filed against the possessor(s) of the property at the commencement of action, and not against one who does not in fact occupy the land.12 To determine who should be made a party-defendant, we simply look at who committed the acts amounting to forcible entry and remains in possession of the subject property.13

In the present case, it was alleged that it was Fr. Gerry Gudmalin, acting for the Vicar Apostolic of Mountain Province, who forcibly entered the property previously held by the respondents and who remains in possession. Hence, the Vicariate of Mt. Province was correctly impleaded as the defendant. While the petitioner denies the existence of the Vicariate of Mt. Province, this Court cannot pass upon this peripheral issue because we are not a trier of facts.

Second, ejectment suits are actions in personam wherein judgment only binds parties who had been properly impleaded and were given an opportunity to be heard.14 The MCTC judgment was only rendered against Fr. Gudmalin and the Vicar Apostolic of Mountain Province, not against the petitioner Vicariate of Tabuk. Hence, the petitioner can only be bound by the MCTC judgment if it is shown to be: (a) a trespasser, squatter, or agent of the defendants fraudulently occupying the property to frustrate the judgment; (b) a guest or other occupant of the premises with the permission of the defendants; (c) a transferee pendente lite; (d) sub-lessee; (e) co-lessee; or (f) a member of the family, a relative, or other privy of the defendants.15

In such a case, a court hearing is required to determine the character of such possession. If the executing court finds that the petitioner is a mere successor-in-interest, guest, or agent of the defendants, the order of execution shall be enforced against it.

Since the judgment was not rendered against the petitioner, it has no legal personality to ask for annulment of the judgment. Understandably, the petitioner feels aggrieved because it claims ownership over the subject lot that the MCTC ordered Fr. Gudmalin to turn over to the respondents. However, from a purely legal perspective, the MCTC judgment did not prejudice the petitioner.

This is not to say that the petitioner is left without a remedy in law. The petitioner may still avail of the plenary action of accion reinvindicatoria wherein the issue of its ownership may be thoroughly threshed out in a full­blown trial after which complete reliefs may be granted to the proper parties.

WHEREFORE, premises considered, the petition is DENIED for lack of merit. Costs against the petitioners.

SO ORDERED.chanroblesvirtuallawlibrary

Carpio, (Chairperson), Del Castillo, Mendoza, and Leonen, JJ., concur.chanrobleslaw

Endnotes:


1 Both penned by Judge Quirino M. Andaya; rollo, pp. 31-36.

2 Penned by Judge Designate Tomas D. Lasam; id. at 64-64-A.

3 Entry of Final Judgment dated 22 December 2009; id. at 57.

4Id. at 58.

5Id. at 64.

6 Presided by Judge Quirino M. Andaya.

7Rollo, p. 68.

8Id. at 91.

9Id. at 95.

10Id. at 103.

11Chua v. Court of Appeals, 350 Phil. 74. 89 (1998).

12Co Tiac v. Natividad, 80 Phil. 127, 131 (1948), citing Laeno v. Laeno, 12 Phil. 508 (1909)

13Id.

14Floyd v. Gonzales, 591 Phil. 420, 426 (2008), citing Biscocho v. Marero, A.M. No. P-01-1527, 22 April 2002, 381 SCRA 430, 432.

15Id. at 427, citing Equitable PCI Bank v. Ku, G.R. No. 142950, 26 March 2001, 355 SCRA 309, 312.



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  • G.R. No. 215847, January 12, 2016 - GOV. EXEQUIEL B. JAVIER, Petitioner, v. COMMISSION ON ELECTIONS, CORNELIO P. ALDON, AND RAYMUNDO T. ROQUERO, Respondents.

  • G.R. No. 186635, January 27, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner,; UNIVERSITY OF THE PHILIPPINES, Oppositor, v. SEGUNDINA ROSARIO, JOINED BY ZUELLGATE CORPORATION, Respondents.

  • G.R. No. 212426, January 12, 2016 - RENE A.V. SAGUISAG, WIGBERTO E. TAÑADA, FRANCISCO "DODONG" NEMENZO, JR., SR. MARY JOHN MANANZAN, PACIFICO A. AGABIN, ESTEBAN "STEVE" SALONGA, H. HARRY L. ROQUE, JR., EVALYN G. URSUA, EDRE U. OLALIA, DR. CAROL PAGADUAN-ARAULLO, DR. ROLAND SIMBULAN, AND TEDDY CASINO, Petitioners, v. EXECUTIVE PAQUITO N. DEPARTMENT DEFENSE VOLTAIRE DEPARTMENT SECRETARY OCHOA, JR., OF NATIONAL SECRETARY GAZMIN, OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, JR., DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO ABAD, AND ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, Respondents.; G.R. No. 212444 - BAGONG ALYANSANG MAKABAYAN (BAYAN), REPRESENTED BY ITS SECRETARY GENERAL RENATO M. REYES, JR., BAYAN MUNA PARTY-LIST REPRESENTATIVES NERI J. COLMENARES AND CARLOS ZARATE, GABRIELA WOMEN'S PARTY-LIST REPRESENTATIVES LUZ ILAGAN AND EMERENCIANA DE JESUS, ACT TEACHERS PARTY-LIST REPRESENTATIVE ANTONIO L. TINIO, ANAKPAWIS PARTY-LIST REPRESENTATIVE FERNANDO HICAP, KABATAAN PARTY-LIST REPRESENTATIVE TERRY RIDON, MAKABAYANG KOALISYON NG MAMAMAYAN (MAKABAYAN), REPRESENTED BY SATURNINO OCAMPO AND LIZA MAZA, BIENVENIDO LUMBERA, JOEL C. LAMANGAN, RAFAEL MARIANO, SALVADOR FRANCE, ROGELIO M. SOLUTA, AND CLEMENTE G. BAUTISTA, Petitioners, v. DEPARTMENT OF NATIONAL DEFENSE (DND) SECRETARY VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERT DEL ROSARIO, EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL EMMANUEL T. BAUTISTA, DEFENSE UNDERSECRETARY PIO LORENZO BATINO, AMBASSADOR LOURDES YPARRAGUIRRE, AMBASSADOR J. EDUARDO MALAYA, DEPARTMENT OF JUSTICE UNDERSECRETARY FRANCISCO BARAAN III, AND DND ASSISTANT SECRETARY FOR STRATEGIC ASSESSMENTS RAYMUND JOSE QUILOP AS CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE NEGOTIATING PANEL FOR THE PHILIPPINES ON EDCA, Respondents.; KILUSANG MAYO UNO, REPRESENTED BY ITS CHAIRPERSON, ELMER LABOG, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), REPRESENTED BY ITS NATIONAL PRESIDENT FERDINAND GAITE, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO, REPRESENTED BY ITS NATIONAL PRESIDENT JOSELITO USTAREZ, NENITA GONZAGA, VIOLETA ESPIRITU, VIRGINIA FLORES, AND ARMANDO TEODORO, JR., Petitioners-in-Intervention; RENE A.Q. SAGUISAG, JR., Petitioners-in-Intervention.

  • G.R. No. 191033, January 11, 2016 - THE ORCHARD GOLF & COUNTRY CLUB, INC., EXEQUIEL D. ROBLES, CARLO R.H. MAGNO, CONRADO L. BENITEZ II, VICENTE R. SANTOS, HENRY CUA LOPING, MARIZA SANTOS-TAN, TOMAS B. CLEMENTE III, AND FRANCIS C. MONTALLANA, Petitioners, v. ERNESTO V. YU AND MANUEL C. YUHICO, Respondents.

  • G.R. No. 174673, January 11, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. FE ROA GIMENEZ AND IGNACIO B. GIMENEZ, Respondents.

  • G.R. No. 211737, January 13, 2016 - SERGIO R. OSMEÑA III, Petitioner, v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS SECRETARY JOSEPH EMILIOI A. ABAYA, MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), THE PRE-QUALIFICATION, BIDS AND AWARDS COMMITTEE (PBAC) FOR THE MACTAN-CEBU INTERNATIONAL AIRPORT PROJECT THROUGH ITS CHAIRMAN, UNDERSECRETARY JOSE PERPETUO M. LOTILLA, GMR INFRASTRUCTURE, LTD. AND MEGAWIDE CONSTRUCTION CORPORATION, Respondents.; G.R. NO. 214756 - BUSINESS FOR PROGRESS MOVEMENT AS REPRESENTED BY MEDARDO C. DEACOSTA, JR., Petitioner, v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, GMR-MEGAWIDE CEBU AIRPORT CORPORATION, Respondents.

  • G.R. No. 173137, January 11, 2016 - BASES CONVERSION DEVELOPMENT AUTHORITY, Petitioner, v. DMCI PROJECT DEVELOPERS, INC., Respondent.; G.R. NO. 173170 - NORTH LUZON RAILWAYS CORPORATION, Petitioner, v. DMCI PROJECT DEVELOPERS, INC. Respondent.

  • G.R. No. 201614, January 12, 2016 - SHERYL M. MENDEZ, Petitioner, v. SHARI'A DISTRICT COURT, 5th SHARI'A DISTRICT, COTABATO CITY, RASAD G. BALINDONG (ACTING PRESIDING JUDGE); 1st SHARI'A CIRCUIT COURT, 5th SHARI'A DISTRICT, COTABATO CITY, MONTANO K. KALIMPO (PRESIDING JUDGE); AND DR. JOHN O. MALIGA, Respondents.

  • G.R. No. 174471, January 12, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. JERRY PEPINO Y RUERAS AND PRECIOSA GOMEZ Y CAMPOS, Respondents.

  • G.R. No. 197970, January 25, 2016 - METROPOLITAN BANK AND TRUST COMPANY, Petitioner, v. FADCOR, INC. OR THE FLORENCIO CORPORATION, LETICIA D. FLORENCIO, RACHEL FLORENCIO-AGUSTIN, MA. MERCEDES FLORENCIO AND ROSENDO CESAR FLORENCIO, JR., Respondents.

  • G.R. No. 214241, January 13, 2016 - SPOUSES RAMON AND LIGAYA GONZALES, Petitioners, v. MARMAINE REALTY CORPORATION, REPRESENTED BY MARIANO MANALO, Respondent.

  • G.R. No. 194962, January 27, 2016 - CAGAYAN ECONOMIC ZONE AUTHORITY, Petitioner, v. MERIDIEN VISTA GAMING CORPORATION, Respondent.

  • G.R. No. 173140, January 11, 2016 - MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY [MCIAA], Petitioner, v. HEIRS OF GAVINA IJORDAN, NAMELY, JULIAN CUISON, FRANCISCA CUISON, DAMASTNA CUISON, PASTOR CUISON, ANGELINA CUISON, MANSUETO CUISON, BONIFACIA CUISON, BASILIO CUISON, MOISES CUISON, AND FLORENCIO CUISON, Respondents.

  • G.R. No. 171303, January 20, 2016 - ELIZABETH L. DIAZ, Petitioner, v. GEORGINA R. ENCANTO, ERNESTO G. TABUJARA, GEMINO H. ABAD AND UNIVERSITY OF THE PHILIPPINES, Respondents.

  • G.R. No. 165223, January 11, 2016 - WINSTON F. GARCIA, IN HIS CAPACITY AS PRESIDENT AND GENERAL MANAGER OF THE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Petitioner, v. MARIO I. MOLINA, Respondent.

  • G.R. No. 205639, January 18, 2016 - PEOPLE OF THE PHILIPPRNES, Appellee, v. ANITA MIRANBA Y BELTRAN, Appellant.

  • G.R. No. 203642, January 18, 2016 - THOMASITES CENTER FOR INTERNATIONAL STUDIES (TCIS), Petitioner, v. RUTH N. RODRIGUEZ, IRENE P. PADRIGON AND ARLYN B. RILLERA, Respondents.

  • G.R. No. 213863, January 27, 2016 - LAND BANK OF THE PHILIPPINES, Petitioner, v. EDGARDO L. SANTOS, REPRESENTED BY HIS ASSIGNEE, ROMEO L. SANTOS, Respondent.; G.R. NO. 214021 - EDGARDO L. SANTOS, REPRESENTED BY HIS ASSIGNEE, ROMEO L. SANTOS, Petitioner, v. LAND BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 195666, January 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FE ABELLA Y BUHAIN, Accused-Appellant.

  • G.R. No. 172919, January 13, 2016 - TIMOTEO BACALSO AND DIOSDADA BACALSO, Petitioners, v. GREGORIA B. ACA-AC, EUTIQUIA B. AGUILA, JULIAN BACUS AND EVELYN SYCHANGCO, Respondents.

  • G.R. No. 198140, January 25, 2016 - IA1 ERWIN L. MAGCAMIT, Petitioner, v. INTERNAL AFFAIRS SERVICE -PHILIPPINE DRUG ENFORCEMENT AGENCY, AS REPRESENTED BY SI V ROMEO M. ENRIQUEZ AND DIRECTOR GENERAL DIONISIO R. SANTIAGO, Respondents.

  • G.R. No. 213607, January 25, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GLEN PIAD Y BORI, RENATO VILLAROSA Y PLATINO AND NILO DAVIS Y ARTIGA, Accused-Appellants.

  • G.R. No. 207970, January 20, 2016 - FERNANDO MEDICAL ENTERPRISES, INC., Petitioner, v. WESLEYAN UNIVERSITY PHILIPPINES, INC., Respondent.

  • G.R. No. 206224, January 18, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUAN ASISLO Y MATIO, Accused-Appellant.

  • G.R. No. 215995, January 19, 2016 - VICE-MAYOR MARCELINA S. ENGLE, Petitioner, v. COMMISSION ON ELECTIONS EN BANC AND WINSTON B. MENZON, Respondents.

  • G.R. No. 174909, January 20, 2016 - MARCELINO M. FLORETE, JR., MARIA ELENA F. MUYCO AND RAUL A. MUYCO, Petitioners, v. ROGELIO M. FLORETE, IMELDA C. FLORETE, DIAMEL CORPORATION, ROGELIO C. FLORETE JR., AND MARGARET RUTH C. FLORETE, Respondents.; G.R. NO. 177275 - ROGELIO M. FLORETE SR., Petitioner, v. MARCELINO M. FLORETE, JR., MARIA ELENA F. MUYCO AND RAUL A. MUYCO, Respondents.

  • G.R. No. 213472, January 26, 2016 - ZAMBOANGA CITY WATER DISTRICT, REPRESENTED BY ITS GENERAL MANAGER, LEONARDO REY D. VASQUEZ, ZAMBOANGA CITY WATER DISTRICT-EMPLOYEES UNION, REPRESENTED BY ITS PRESIDENT, NOEL A. FABIAN, LOPE IRINGAN, ALEJO S. ROJAS, JR., EDWIN N. MAKASIAR, RODOLFO CARTAGENA, ROBERTO R. MENDOZA, GREGORIO R. MOLINA, ARNULFO A. ALFONSO, LUCENA R. BUSCAS, LUIS A. WEE, LEILA M. MONTEJO, FELECITA G. REBOLLOS, ERIC A. DELGADO, NORMA L. VILLAFRANCA, ABNER C. PADUA, SATURNINO M. ALVIAR, FELIPE S. SALCEDO, JULIUS P. CARPITANOS, HANLEY ALBANA, JOHNY D. DEMAYO, ARCHILES A. BRAULIO, ELIZA MAY R. BRAULIO, TEDILITO R. SARMIENTO, SUSANA C. BONGHANOY, LUZ A. BIADO, ERIC V. SALARITAN, RYAN ED C. ESTRADA, NOEL MASA KAWAGUCHI, TEOTIMO REYES, JR., EUGENE DOMINGO, AND ALEX ACOSTA, REPRESENTED BY LUIS A. WEE, Petitioners, v. COMMISSION ON AUDIT, Respondent.

  • G.R. No. 198889, January 20, 2016 - UFC PHILIPPINES, INC. (NOW MERGED WITH NUTRI-ASIA, INC., WITH NUTRI-ASIA, INC. AS THE SURVIVING ENTITY), Petitioner, v. FIESTA BARRIO MANUFACTURING CORPORATION, Respondent.

  • G.R. No. 192914, January 28, 2016 - NAPOLEON D. SENIT, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 10952, January 26, 2016 - ENGEL PAUL ACA, Complainant, v. ATTY. RONALDO P. SALVADO, Respondent.

  • A.C. No. 10859 [Formerly CBD Case No. 09-2514], January 26, 2016 - MARIA FATIMA JAPITANA, Complainant, v. ATTY. SYLVESTER C. PARADO, Respondent.

  • G.R. No. 192268, January 27, 2016 - DEPARTMENT OF EDUCATION, REPRESENTED BY ITS REGIONAL DIRECTOR, Petitioner, v. DELFINA C. CASIBANG, ANGELINA C. CANAPI, ERLINDA C. BAJAN, LORNA G. GUMABAY, DION1SIA C. ALONZO, MARIA C. BANGAYAN AND DIGNA C. BINAYUG, Respondents.

  • G.R. No. 180559, January 20, 2016 - ANECITA GREGORIO, Petitioner, v. MARIA CRISOLOGO VDA. DE CULIG, THRU HER ATTORN EY-IN-FACT ALFREDO CULIG, JR., Respondent.

  • G.R. No. 198752, January 13, 2016 - ARTURO C. ALBA, JR., DULY REPRESENTED BY HIS ATTORNEYS-IN-FACT, ARNULFO B. ALBA AND ALEXANDER C. ALBA, Petitioner, v. RAYMUND D. MALAPAJO, RAMIL D. MALAPAJO AND THE REGISTER OF DEEDS FOR THE CITY OF ROXAS, Respondents.

  • G.R. No. 196140, January 27, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. ELIZABETH MANALASTAS AND BEA CASTILLO, Respondents.

  • G.R. No. 216920, January 13, 2016 - GIRLIE M. QUISAY, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 210454, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff and Appellee, v. RONALDO CASACOP Y AMIL, Accused-Appellant.

  • G.R. No. 187691, January 13, 2016 - OLYMPIA HOUSING, INC., Petitioner, v. ALLAN LAPASTORA AND IRENE UBALUBAO, Respondents.

  • A.M. No. P-15-3344, January 13, 2016 - ANTONIO A. FERNANDEZ, Complainant, v. MILA A. ALERTA, Respondent.

  • G.R. No. 214092, January 11, 2016 - ECHO 2000 COMMERCIAL CORPORATION, EDWARD N. ENRIQUEZ, LEONORA K. BENEDICTO AND ATTY. GINA WENCESLAO, Petitioners, v. OBRERO FILIPINO-ECHO 2000 CHAPTER-CLO, ARLO C. CORTES AND DAVE SOMIDO, Respondents.

  • G.R. No. 197665, January 13, 2016 - P/S INSP. SAMSON B. BELMONTE, SPO1 FERMO R. GALLARDE, PO3 LLOYD F. SORIA, PO1 HOMER D. GENEROSO, PO1 SERGS DC. MACEREN, PO3 AVELINO L. GRAVADOR, PO2 FIDEL O. GUEREJERO, AND PO1 JEROME T. NOCHEFRANCA, JR., Petitioner, v. OFFICE OF THE DEPUTY OMBUDSMAN FOR THE MILITARY AND OTHER LAW ENFORCEMENT OFFICES, OFFICE OF THE OMBUDSMAN, Respondent.

  • G.R. No. 188213, January 11, 2016 - NATIVIDAD C. CRUZ AND BENJAMIN DELA CRUZ, Petitioners, v. PANDACAN HIKER'S CLUB, INC., REPRESENTED BY ITS PRESIDENT, PRISCILAILAO, Respondent.

  • G.R. No. 170004, January 13, 2016 - ILONA HAPITAN, Petitioner, v. SPOUSES JIMMY LAGRADILLA AND WARLILY LAGRADILLA AND ESMERALDA BLACER, Respondents.

  • G.R. No. 174113, January 13, 2016 - PAZ CHENG Y CHU, Petitioner, v. PEOPLE OF PHILIPPINES, THE Respondent.

  • G.R. No. 176986, January 13, 2016 - NISSAN CAR LEASE PHILS., INC., Petitioner, v. LICA MANAGEMENT, INC. AND PROTON PILIPINAS, INC., Respondents.

  • G.R. No. 178501, January 11, 2016 - NILO S. RODRIGUEZ, FRANCISCO T. ALISANGCO, BENJAMIN T. ANG, VICENTE P. ANG, SILVESTRE D. ARROYO, RUDERICO C. BAQUIRAN, WILFREDO S. CRUZ, EDMUNDO M. DELOS REYES, JR., VIRGILIO V. ECARMA, ISMAEL F. GALISIM, TITO F. GARCIA, LIBERATO D. GUTIZA, GLADYS L. JADIE, LUISITO M. JOSE, PATERNO C. LABUGA, JR. NOEL Y. LASTIMOSO, DANILO C. MATIAS, BEN T. MATURAN, VIRGILIO N. OCHARAN, GABRIEL P. PIAMONTE, JR., ARTURO A. SABADO, MANUEL P. SANCHEZ, MARGOT A. CORPUS AS THE SURVIVING SPOUSE OF THE DECEASED ARNOLD S. CORPUS, AND ESTHER VICTORIA A. ALCAÑESES AS THE SURVIVING SPOUSE OF THE DECEASED EFREN S. ALCAÑESES, Petitioners, v. PHILIPPINE AIRLINES, INC., AND NATIONAL LABOR RELATIONS COMMISSION, Respondent.; G.R. NO. 178510 - PHILIPPINE AIRLINES, INC., Petitioner, v. NILO S. RODRIGUEZ, FRANCISCO T. ALISANGCO, BENJAMIN T. ANG, VICENTE P. ANG, SILVESTRE D. ARROYO, RUDERICO C. BAQUIRAN, ARNOLD S. CORPUS, WILFREDO S. CRUZ, EDMUNDO M. DELOS REYES, JR., VIRGILIO V. ECARMA, ISMAEL F. GALISIM, TITO F. GARCIA, LIBERATO D. GUTIZA, GLADYS L. JADIE, LUISITO M. JOSE, PATERNO C. LABUGA, JR., NOEL Y. LASTIMOSO, DANILO C. MATIAS, BEN T. MATURAN, VIRGILIO N. OCHARAN, GABRIEL M. PIAMONTE, JR., RODOLFO O. POE, JR., ARTURO A. SABADO, MANUEL P. SANCHEZ, and ESTHER VICTORIA A. ALCAÑESES, AS THE SOLE HEIR OF THE DECEASED EFREN S. ALCAÑESES, Respondents.

  • G.R. No. 190798, January 27, 2016 - RONALD IBAÑEZ, EMILIO IBAÑEZ, AND DANIEL "BOBOT" IBAÑEZ, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. Nos. 198916-17, January 11, 2016 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. ST. FRANCIS SQUARE REALTY CORPORATION, Respondent.; G.R. NOS. 198920-21 - ST. FRANCIS SQUARE REALTY CORPORATION, Petitioner, v. MALAYAN INSURANCE COMPANY, INC., Respondent.

  • G.R. Nos. 198916-17, January 11, 2016 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. ST. FRANCIS SQUARE REALTY CORPORATION, Respondent.; G.R. NOS. 198920-21 - ST. FRANCIS SQUARE REALTY CORPORATION, Petitioner, v. MALAYAN INSURANCE COMPANY, INC., Respondent.

  • A.C. No. 10868 [Formerly CBD Case No. 07-2041], January 26, 2016 - CHERYL E. VASCO-TAMARAY, Complainant, v. ATTY. DEBORAH Z. DAQUIS, Respondent.

  • G.R. No. 212070, January 20, 2016 - CEBU PEOPLE'S MULTI­PURPOSE COOPERATIVE AND MACARIO G. QUEVEDO, Petitioners, v. NICERATO E. CARBONILLA, JR., Respondent.

  • G.R. No. 160408, January 11, 2016 - SPOUSES ROBERTO AND ADELAIDA PEN, Petitioners, v. SPOUSES SANTOS AND LINDA JULIAN, Respondents.

  • G.R. No. 180235, January 20, 2016 - ALTA VISTA GOLF AND COUNTRY CLUB, Petitioner, v. THE CITY OF CEBU, HON. MAYOR TOMAS R. OSMEÑA, IN HIS CAPACITY AS MAYOR OF CEBU, AND TERESITA C. CAMARILLO, IN HER CAPACITY AS THE CITY TREASURER, Respondents.

  • G.R. No. 177680, January 13, 2016 - JENNIFER C. LAGAHIT, Petitioner, v. PACIFIC CONCORD CONTAINER LINES/MONETTE CUENCA (BRANCH MANAGER), Respondents.

  • A.C. No. 10753 (Formerly CBD Case No. 10-2703), January 26, 2016 - ATTY. PABLO B. FRANCISCO, Complainant, v. ATTY. ROMEO M. FLORES, Respondent.

  • G.R. No. 156635, January 11, 2016 - THE HONGKONG & SHANGHAI BANKING CORPORATION EMPLOYEES UNION, MA. DALISAY P. DELA CHICA, MARVILON B. MILITANTE, DAVID Z. ATANACIO, JR., CARMINA C. RIVERA, MARIO T. FERMIN(T), ISABELO E. MOLO, RUSSEL M. PALMA, IMELDA G. HERNANDEZ, VICENTE M. LLACUNA, JOSEFINA A. ORTIGUERRO, MA. ASUNCION G. KIMSENG, MIGUEL R. SISON, RAUL P. GERONIMO, MARILOU E. CADENA, ANA N. TAMONTE, AVELINO Q. RELUCIO, JORALYN R. GONGORA, CORAZON E. ALBOS, ANABELLA J. GONZALES, MA. CORAZON Q. BALTAZAR, MARIA LUZ I. JIMENEZ, ELVIRA A. ORLINA, SAMUEL B. ELLARMA, ROSARIO A. FLORES, EDITHA L. BROQUEZA, REBECCA T. FAJARDO, MA. VICTORIA C. LUNA, MA. THERESA G. GALANG, BENIGNO V. AMION, GERARDO J. DE LEON, ROWENA T. OCAMPO, MALOU P. DIZON, RUBEN DE C. ATIENZA, MELO E. GABA, HERNAN B. CAMPOSANTO, NELIA D. M. DERIADA, LOLITO L. HILIS, GRACE C. MABUNAY, FE ESPERANZA C. GERONG, MANUEL E. HERRERA, JOSELITO J. GONZAGA, ULDARTCO D. PEDIDA, ROSALINA JULIET B. LOQUELLANO, MARCIAL F. GONZAGA, MERCEDES R. PAULE, JOSE TEODORO A. MOTUS, BLANCHE D. MOTUS, DAISY M. FAGUTAO, ANTONIO A. DEL ROSARIO, EMMANUEL JUSTIN S. GREY, FRANCISCA DEL MUNDO, JULIETA A. CRUZ, RODRIGO J. DURANO, CATALINA R. YEE, MENANDRO CALIGAGAN, MAIDA M. SACRO MILITANTE, LEONILA M. PEREZ, AND EMMA MATEO, Petitioners, v. NATIONAL LABOR RELATIONS COMMISSION AND THE HONGKONG & SHANGHAI BANKING CORPORATION, LTD., Respondents.

  • G.R. No. 211062, January 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANUEL MACAL Y BOLASCO, Accused-Appellants.

  • G.R. No. 158622, January 27, 2016 - SPOUSES ROBERT ALAN L. AND NANCY LEE LIMSO, Petitioners, v. PHILIPPINE NATIONAL BANK AND THE REGISTER OF DEEDS OF DAVAO CITY, Respondents.; G.R. NO. 169441 - DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN AND NANCY LIMSO, Petitioners, v. HON. JESUS V. QUITAIN, IN HIS CAPACITY AS PRESIDING JUDGE OF REGIONAL TRIAL COURT, DAVAO CITY, BRANCH 15 AND PHILIPPINE NATIONAL BANK, Respondents.; G.R. NO. 172958 - DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION REPRESENTED BY ITS PRESIDENT ROBERT ALAN L. LIMSO, AND SPOUSES ROBERT ALAN AND NANCY LEE LIMSO, Petitioners, v. HON. JESUS V. QUITAIN, IN HIS CAPACITY AS PRESIDING JUDGE OF REGIONAL TRIAL COURT, DAVAO CITY, BRANCH 15 AND PHILIPPINE NATIONAL BANK, Respondents.; G.R. NO. 173194 - PHILIPPINE NATIONAL BANK, Petitioner, v. DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN LIMSO AND NANCY LEE LIMSO, Respondents.; G.R. NO. 196958 - PHILIPPINE NATIONAL BANK, Petitioner, v. DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN L. LIMSO AND NANCY LEE LIMSO, Respondent.; G.R. NO. 197120 - DAVAO SUNRISE INVESTMENT AND DEVELOPMENT CORPORATION AND SPOUSES ROBERT ALAN AND NANCY LEE LIMSO, Petitioners, v. PHILIPPINE NATIONAL BANK, Respondent.; G.R. NO. 205463 - IN THE MATTER OF THE PETITION EX-PARTE FOR THE ISSUANCE OF THE WRIT OF POSSESSION UNDER LRC RECORD NO. 12973, 18031 AND LRC RECORD NO. 317, PHILIPPINE NATIONAL BANK,