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Philippine Supreme Court Jurisprudence > Year 2016 > July 2016 Decisions > G.R. No. 203179, July 04, 2016 - TECHNO DEVELOPMENT & CHEMICAL CORPORATION, Petitioner, v. VIKING METAL INDUSTRIES, INCORPORATED, Respondent.:




G.R. No. 203179, July 04, 2016 - TECHNO DEVELOPMENT & CHEMICAL CORPORATION, Petitioner, v. VIKING METAL INDUSTRIES, INCORPORATED, Respondent.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 203179, July 04, 2016

TECHNO DEVELOPMENT & CHEMICAL CORPORATION, Petitioner, v. VIKING METAL INDUSTRIES, INCORPORATED, Respondent.

D E C I S I O N

PERALTA, J.:

Before the Court is a petition for review on certiorari under Rule 45 of the Rules of Court seeking to reverse and set aside the Decision1 dated March 16, 2012 and Resolution2 dated August 22, 2012 of the Court of Appeals (CA) in CA-G.R. CV No. 84186, which modified the Decision3 dated August 27, 2003 of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 145, Makati City.

The factual antecedents are as follows.

On September 23, 1993, respondent Viking Metal Industries, Incorporated (VMI), through its President and General Manager, Brilly Bernardez, presented to the PNOC Energy Development Corporation (PNOC-EDC) its bid proposal to supply and deliver, within one hundred and sixty (160) days, various fabricated items, consisting of pipe shoes and structural supports, for the PNOC-EDC First 40 MW Mindanao-Gcothermal Project (MG Project). In a Notice of Award dated January 17, 1994, the project was awarded to VMI for having the lowest bid of P6,794,172.30.4 While said document provided for January 18, 1994 as the project's starting date and June 26, 1994 as completion date, the parties agreed to move the starting date to January 31, 1994 and July 9, 1994 as the completion date.5 On March 10, 1994, PNOC-EDC likewise awarded to VMI the Bifurcator Fabrication of the MG Project amounting to P200,000.00 to expire on July 18, 1994. Pending the execution of a formal contract, VMI and PNOC-EDC agreed that the bid document and the Notice of Award shall constitute as the binding contract between them.6chanrobleslaw

In a meeting held on April 13, 1994 among the representatives of PNOC-EDC, VMI, and herein petitioner Techno Development & Chemical Corporation, the parties agreed to paint the fabricated items with Ultrazinc Primer, an anti-rust primer manufactured by petitioner Techno.7 Consequently, VMI began purchasing said primer from Techno, while Techno provided VMI with technical personnel to supervise the application of the primer on the fabricated items.

Thereafter, VMI made several deliveries of the fabricated items to PNOC-EDC on May 27, 1994, June 1, 1994, June 2, 1994, November 19, 1994, and finally on January 3, 1996.8 On the third week of June 1994, however, PNOC-EDC advised VMI of the rejection of 410 pieces of the fabricated items due to the premature rusting of the coated surfaces thereof. In response, the President of VMI and the Vice-President for Technical Services of Techno conducted a joint ocular inspection on June 24, 1994 at the PNOC-EDC Stockyard in Sta. Mesa, Manila. As a result thereof, they noted that rust had manifested on the surface of the fabricated products despite being coated with the Ultrazinc primer. They likewise noted that the primer was very soft and had started to pulverize.9chanrobleslaw

On July 13, 1994, the VMI and Techno representatives met again and agreed that corrective measures on the defective painting would have to be done. Thus, in a follow-up letter dated July 15, 1994, VMI reminded Techno of their agreement that the pull-out of the defective fabricated items, including trucking services, electric and power supply, as well as administration costs, would be for Techno's account.10 Thereafter, in another meeting among PNOC-EDC, VMI, and Techno, PNOC-EDC reminded VMI of its contractual obligations to finish the project as scheduled and that any delay by VMI's subcontractor, Techno, would be borne by it. In the same meeting, Techno agreed to rectify the balance of the fabricated items with the defective primer applications stocked at the PNOC-EDC Stockyard, while VMI agreed to the withdrawal and repair of the rejected structural supports/pipe shoes. In a later meeting held on August 19, 1994, VMI and Techno agreed on the time-sharing use of VMI's shop and that Techno would deliver the Ultracoat Paints to be used for the repairs.

While the corrosion problem on the fabricated items was being remedied, VMI incurred delays in the submission of required fabrication drawings, encountered difficulties in sourcing construction materials, and committed gross miscalculations of the tons requirements, ultimately resulting in the delay in the deliveries of the structural supports, which should have been completed on July 8 and 18, 1994 but as of August 5, 1994, were only about 60% finished.11 In spite of said problems, however, PNOC-EDC still proceeded to formally execute the Fabrication Contract with VMI on September 28, 1994, but retained July 9, 1994 as the completion date.

In the next several months, VMI and PNOC-EDC further encountered several delays and consequent contract extensions due to deficiencies and non-conformance of the fabricated items with PNOC-EDC's specifications. In the end, PNOC-EDC advised VMI that it only had until July 30, 1995 to complete the rectification work on the rejected items and that any remaining undelivered items after said deadline would be inventoried and deleted from the contract.12 True enough, PNOC-EDC decreased the original fabrication contract price of P6,794,172.30, which was adjusted to P6,871,605.64 in February 1996, to P6,578,034.99.13chanrobleslaw

In a letter dated April 3, 1998, VMI appealed to PNOC-EDC to reconsider its demand of P2,265,645.09 as the total collectible amount representing liquidated damages and deductions ratiocinating that the delay was ultimately attributable to the poor and substandard primer paint of Techno. In reply, PNOC-EDC affirmed its deduction and informed VMI that its approval of Techno as paint supplier would not relieve it of its obligation under their contract.14 Thus, on September 30, 1999, VMI filed before the RTC of Makati City a Complaint for Sum of Money and Damages against PNOC-EDC due to its continued refusal to pay VMI for the remaining balance of the contract price allegedly amounting to P2 265 644.23 and against Techno for the reimbursement of P550,000.00 for the alleged repairs done on the defective coating of the fabricated items.15chanrobleslaw

On the one hand, PNOC-EDC averred in its Answer With Counterclaim that VMI is not entitled to recovery of any amount since the retained amount of P2,230,410.10 (not P2,265,644.23 as VMI claims) was applied as follows: P1,374,321.13 as penalty for the delays; P293,570.65 as deletion of work from the contract; and P490,959.72 as repairs and rectification costs of defective pipes.16 On the other hand, Techno averred that: it provided VMI with the manual for the proper application of its paint products and technical personnel, who actually witnessed and recorded the failure by VMI personnel to comply with the proper procedures on the application of its paint products and, thus, warned said VMI personnel that Techno would not give them any guarantee in case the fabricated items get rusty; the re-painting of the defective fabricated items were all undertaken at the sole expense of Techno, without any cost to VMI; Techno is not a party to the Fabrication Contract between VMI and PNOC-EDC; and it is actually VMI that has an unpaid obligation in favor of Techno amounting to P166,750.00 plus interest.17chanrobleslaw

During the pre-trial, the parties agreed on the following issues for resolution: (1) whether PNOC-EDC rightfully withheld the amount of P2,265,644.23 as penalty; (2) whether VMI was in delay in the fulfillment of its obligation with PNOC-EDC; and (3) whether Techno could be held liable to VMI and, on the other hand, whether VMI has an outstanding unpaid obligation in favor of Techno.18chanrobleslaw

On August 27, 2003, the RTC rendered its Decision the pertinent portions of which read:

chanRoblesvirtualLawlibrary

An examination of the evidence on record shows that the delay of the plaintiff in the performance of its obligation cannot be solely attributed to it. It was mainly caused by the paint failure on the fabricated materials. PNOC-EDC was cognizant of this fact as shown in its letter of July 13, 1994.

x x x x

From this aforequoted letter, it is palpably clear that PNOC-EDC acknowledged the feet that the delay was caused by defendant Techno. Thus, it cannot insist now that it was plaintiff alone who was responsible for it. x x x

x x x x

It cannot be denied that plaintiff purchased from Techno the paint used in the fabrication of the subject materials. This is in accordance with the directive of defendant PNOC-EDC since Techno was a duly accredited supplier of paints as it (PNOC-EDC) was satisfied by the quality of the paint products of Techno after a test was conducted on it. Hence, there being accreditation for the purchase and use of Ultracoat 2130 from Techno, it has warranted the good quality of this paint. Even if there was no directive from PNOC-EDC, Techno is still obligated to the plaintiff to deliver good Ultracoat 2130 paint as the contract of sale between it and the plaintiff carries with it the implied warranty of Techno against hidden defects of the products bought by the plaintiff.

x x x x

The defense of Techno that plaintiff did not follow the manual of procedure given to it for the proper application of the subject paint is less convincing in the face of its failure to adduce evidence on the existence of this manual of procedure. What it offered in evidence to prove the fault of the plaintiff are "daily inspectors reports" and "diagrams of pipe support." x x x Again, these documentary evidence do not persuade, mainly because the alleged instructors or representatives of defendant Techno who allegedly conducted the inspection and prepared the reports were not presented as witnesses to testify on these matters. More than this, Techno did not even bother to formally communicate to either the plaintiff or defendant PNOC-EDC of the alleged faulty procedure applied by plaintiff as well the intention of Techno to withdraw the warranty of its products sold to the plaintiff.

Finally, while it is true that defendant Techno is not privy to the Fabrication Contract, its assumption of the cost of rectification is enough proof that it was aware of the fact that its product is defective. Had it been otherwise, it should not have assumed the obligation.


PREMISES CONSIDERED, judgment is rendered in favor of the plaintiff and against the defendants as follows:

chanRoblesvirtualLawlibrary1) Ordering defendant PNOC-EDC to pay the amount of P2,265,644.23 representing the balance of the stipulated price under the Fabrication Contract;

2) Ordering defendant Techno to pay the plaintiff the amount of P550,000.00 representing the cost of the rectification on the subject materials; [and]

3) Ordering both defendants to pay jointly and severally the sum of P100,000.00 for as attorney's fees plus cost of suit.

SO ORDERED.19chanroblesvirtuallawlibrary

Aggrieved, petitioner Techno appealed the RTC's Decision to the CA contending, among other assertions, that the trial court erred in finding that it was liable to pay the costs of the rectification in the amount of P550,000.00 without any legal or factual basis on record, that it did not enter into any contract with VMI obliging it to pay P550,000.00 as cost of rectification, and that VMI did not adduce any sufficient evidence to support its claim thereto. In fact, when Techno saw the huge estimates made by VMI on the projected cost of rectification, it undertook the repciinting at its sole expense instead without any cost to VMI. Also, Techno faulted the trial court for failing to consider its undisputed counterclaim against VMI for the unpaid purchases of paint products amounting to P166,750.00.20chanrobleslaw

In its Decision dated March 16, 2012, the CA pertinently ruled as follows:

chanRoblesvirtualLawlibrary
VMI's claim falls squarely within the realm of actual or compensatory damages. However, its failure to prove actual expenditure consequently conduces to a failure of its claim. In determining actual damages, the Court cannot rely on mere assertions, speculations, conjectures or guesswork but must depend on competent proof and on the best evidence obtainable regarding the actual amount of loss such as receipts or other documentary proofs to support such claim.

To support its claim of Php550,000.00 against Techno, VMI presented a letter dated June 28, 1994 of VMI Bernardez addressed to Danilo Tuazon, President of Techno, containing a price quotation for the scope of work to be done on the fabricated items with defective coating in the amount of Php426,165.85. We note that said letter did not bear the conformity of Techno and worse, it was a mere photocopy.

A price quotation is not a competent proof to show that VMI solely undertook the repainting of the defective fabricated products. In a meeting held among the parties on August 19, 1994, VMI and Techno agreed on the time-sharing use of VMI's shop and for Techno to deliver the Ultracoat paints to be used for the repairs of the fabricated items. This only proves that Techno did its share. Failing to satisfy the Court that VMI certainly suffered actual damages amounting to Php550,000.00, its claim must necessarily fail.

We do not find the award of attorney's fees justified in this case. The general rule is that no premium should be placed on the right to litigate and attorney's fees as part of damages are not meant to enrich the winning party at the expense of the losing litigant. We find no evidence of bad faith by PNOC-EDC and Techno which would justify the award of attorney's fees.


WHEREFORE, PNOC-EDC's appeal is PARTIALLY GRANTED. The appealed Decision of the RFC, Makati City, Branch 145 is MODIFIED, as follows:

chanRoblesvirtualLawlibrary1) The award of actual damages in the amount of Php550,000.00 in favor of VMI and against Techno is DELETED;

2) The award of unpaid balance of the Contract Price in the amount of Php2,265,644.23 in favor of Viking Metal Industries, Inc. against PNOC-Energy Development Corporation is reduced to Php2,230,410.10 and the penalty charges in the amount of Php180,663.21 is to be deducted therefrom, for a net award of Php2,049,746.89.

3) The award of Attorney's fees amounting to Php100,000.00 is also DELETED.

SO ORDERED.21

In a Motion for Partial Reconsideration dated April 12, 2012, petitioner Techno averred that while the appellate court correctly deleted the award of actual damages in the amount of P550,000.00, and attorney's fees in the amount of P100,000.00 against Techno and in favor of VMI, the appellate court nevertheless omitted to rule on its counterclaim against VMI for the unpaid purchases of paint products amounting to P166,750.00. In its Resolution dated August 22, 2012, however, the CA denied petitioner Techno's Motion for Partial Reconsideration finding no cogent and persuasive reason to deviate from its previous findings and conclusions considering that the allegations in their motions are a mere rehash and had already been passed upon.22 Hence, this petition invoking the following argument:

chanRoblesvirtualLawlibrary
I.


THE COURT OF APPEALS GRAVELY ERRED IN OMITTING AND FAILING TO CONSIDER THE COUNTERCLAIM OF PETITIONER TECHNO AGAINST RESPONDENT VIKING DESPITE THE FACT THAT RESPONDENT HAD ADMITTED ITS OBLIGATION AND PETITIONER HAD ESTABLISHED BY A PREPONDERANCE OF EVIDENCE THAT RESPONDENT HAS FAILED TO PAY FOR PETITIONER'S PRODUCTS IN THE TOTAL AMOUNT OF PHP 166,750.00.

In the instant petition, Techno reiterates that while the appellate court correctly deleted the costs of rectification in the amount of P550,000.00 and the P100,000.00 attorney's fees awarded by the trial court, it nonetheless erred when it omitted, without any legal basis, to render a ruling on its counterclaim against respondent VMI for the unpaid products purchased by the latter. According to Techno, the CA overlooked and disregarded the issue of whether it is entitled to its counterclaim despite the fact that VMI had already admitted its obligation and that it had sufficiently proven its claim. Techno points out that from the very beginning, it had already established in its Answer with Compulsory Counterclaim dated October 19, 1999 that VMI is still indebted thereto in the amount of P166,750.00 plus interest equivalent to one percent (1%) per month beginning January 1995 until full payment, as stipulated in the purchase invoice, exclusive of additional charges and attorney's fees. In fact, during the pre-trial, the parties even agreed on said counterclaim as one of the issues which will be submitted for resolution. Yet, while the appellate court's Decision mentioned such counterclaim in the narration of issues raised, it failed to resolve the same, offering no explanation and legal basis for such omission.

In support of its claim, Techno presented the following evidence: (1) Statement of Account23 dated January 31, 1995 containing a list of accounts receivable from VMI for its unpaid products purchased from Techno; (2) several Invoices and Delivery Receipts4 signed by representatives of VMI evidencing delivery by Techno of paint products and receipt thereof by VMI; (3) corroborating testimony of Techno's Chief Accountant; and (4) testimony of its President attesting to the fact that VMI still had an outstanding account with Techno in the aforestated amount. In addition, Techno asserts that VMI's witness, its President Brilly Bernardez, even admitted his knowledge of the existence of the unpaid obligation of VMI in favor of Techno as shown by the following excerpt of his testimony during trial:

chanRoblesvirtualLawlibrary
Q: Are you aware of the fact that you may still have some unpaid obligation due to Techno Development?
(Brilly Bernardez) A: Yes, there could be but subject to verification.

Q: And the amount due is in connection with this project?
A: That particular project, sir.

COURT
This project?

WITNESS (Brilly Bernardez)
A: Yes, Your Honor.25cralawred

At the same trial, moreover, Techno recounts that while VMI attempted to present rebuttal evidence, VMI ultimately withdrew said evidence thereby establishing Techno's assertion that VMI utterly failed to refute its counterclaim. In the end, Techno avers that it would be rather unfair to deem the appellate court's judgment as final for if its counterclaim will not be considered, VMI will be unjustly enriched at the expense of Techno in view of the established fact that VMl actually received and used Techno's products without giving any corresponding consideration therefor.26chanrobleslaw

For its part, respondent VMI countered that when the trial court rendered its decision ruling that Techno was guilty of breach in its respective obligation towards VMI, it was clearly implied that Techno's counterclaim was without basis.27 Thereafter, while the CA opted to cancel the trial court's award of damages in favor of Techno for lack of sufficient evidence, it did not disturb the rest of the findings of the lower court including the denial of the counterclaim. Thus, VMI claims that Techno can no longer assert its counterclaim and allege that the same was never addressed. Besides, to do so would request the Court to reopen the factual issues and to assume the role of a trial court.28chanrobleslaw

We rule in favor of petitioner.

At the outset, the Court notes that its jurisdiction in cases brought before it from the appellate court is limited to reviewing errors of law, and findings of fact of the Court of Appeals are conclusive upon the Court since it is not the Court's function to analyze and weigh the evidence all over again.29 In several cases, however, it has been repeatedly held that the rule that factual findings of the Court of Appeals are binding on the Court are subject to the following exceptions: (1) when the findings are grounded entirely on speculations, surmises or conjectures; (2) when the inference made is manifestly mistaken, absurd or impossible; (3) when there is grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of fact are conflicting; (6) when in making its findings the Court of Appeals went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee; (7) when the findings are contrary to that of the trial court; (8) when the findings are conclusions without citation of specific evidence on which they are based; (9) when the facts set forth in the petition as well as in the petitioner's main and reply briefs are not disputed by the respondent; (10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; or (11) when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion.

In the instant case, while the appellate court aptly ruled upon and rejected VMI's claim of P550,000.00 subject of VMI's Complaint for Sum of Money against Techno, it clearly overlooked the factual issues presented by Techno in its counterclaim against VMI. In its thirty-five (35)-page Decision, the CA seemed to have preoccupied itself with the other issues presented by VMI as against PNOC-EDC and Techno, without addressing the issue of whether VMI has an outstanding unpaid obligation in favor of Techno, nor providing any reason for such failure. Had it exerted additional effort in taking Techno's claims into consideration, as well as their supporting pieces of proof, it would have warranted their meritorious and evidentiary value.

A review of the records of the case would reveal that the evidence presented by Techno preponderantly established its counterclaim. By preponderance of evidence is meant that the evidence adduced by one side is, as a whole, superior to that of the other side.30 Essentially, preponderance of evidence refers to the comparative weight of the evidence presented by the opposing parties.31 As such, it has been defined as "the weight, credit, and value of the aggregate evidence on either side," and is usually considered to be synonymous with the term greater weight of the evidence or greater weight of the credible evidence.32 It is proof that is more convincing to the court as worthy of belief than that which is offered in opposition thereto.33chanrobleslaw

Here, the Court finds that petitioner Techno duly proved its claims that VMI purchased paint products therefrom, that the same were delivered to VMI, and that VMI failed to fully pay the price therefor. As borne by the evidence on record, Techno not only submitted a Statement of Account containing a list of accounts receivable from VMI for its unpaid products purchased from Techno, as well as the corresponding delivery receipts and invoices signed by VMI representatives evidencing delivery by Techno of paint products and receipt thereof by VMI, it further presented corroborating testimony of Techno's Chief Accountant and also the testimony of its President attesting to the fact that VMI still had an outstanding account with Techno. It is evident, therefore, that petitioner Techno preponderantly established its counterclaim, especially in light of the feet that respondent VMI never contested the same in spite of every opportunity to do so.

A cursory reading of the records shows that VMI never bothered to refute Techno's counterclaim by contrary evidence or by any sort of denial in its pleadings filed before the RTC, the CA, or the present Court. As petitioner Techno points out, while VMI attempted to present rebuttal evidence, VMI ultimately withdrew said evidence. Note that from the very first instance when Techno raised the counterclaim in its Answer with Compulsory Counterclaim dated October 19, 1999 up until the filing of its Comment before the Court on January 28, 2013, VMI had every opportunity to refute Techno's claims of non-payment. Regrettably for VMI, however, it never denied the existence of its outstanding account with Techno, not even on rebuttal. In fact, as asserted by Techno, VMI's witness, President Brilly Bernardez, even acknowledged the possibility of the existence of an unpaid obligation in favor of Techno, albeit its susceptibility of being subject to verification. It is interesting to note, moreover, that instead of rectifying its failure to refute Techno's claims before the courts below, all VMI had to say in its Comment filed before the Court was that it was clearly implied from the trial court's ruling that Techno's counterclaim was without basis and that the same was effectively affirmed by the appellate court when it did not rule upon the same. To this Court, such reasoning barely repudiates the preponderance of Techno's evidence. Thus, taking VMI's complete and utter failure to offer any sort of opposing evidence, documentary or testimonial, in conjunction with those pieces of evidence duly adduced by Techno, the Court deems it necessary to consider Techno's claim.

At this point, it is worthy to note that a careful look at the rulings of the trial court and appellate court would reveal that neither court exerted any effort in determining the veracity of petitioner's assertions. While both courts acknowledged the counterclaim in their decisions, and even listed the same as part of the issues that needed to be resolved, nowhere in their decisions did they even remotely pass upon said claim. It can hardly be said, therefore, that the courts below definitively denied Techno's claim to the payment of the unpaid products in the sheer absence of any showing that they took into consideration Techno's allegations much less the probative value of the evidence presented to support it. Even granting VMI's argument that the trial court implicitly denied Techno's counterclaim against it, and that the appellate court affirmed said denial, the Court finds the need to reverse said implicit denials and grant Techno's counterclaim for as previously threshed out, not only did petitioner Techno present sufficient proof to substantiate its claim, VMI consistently and utterly failed to adduce any evidence to refute the same.

Ultimately, it must be noted that if Techno's claim was to be denied simply by the failure of the lower courts to pass upon the same in their decisions, without any factual or legal explanation therefor, VMI would be unjustly enriched at the expense of Techno for VMI's failure to pay for the paints it received. Such unjust enrichment due to the failure to make remuneration of or for property or benefits received cannot be countenanced and must be correspondingly corrected by the Court.34 In view of the foregoing, the Court finds Techno to be entitled to the payment of the unpaid paint products purchased by VMI therefrom.

On the matter of petitioner Techno's prayer for exemplary damages in the amount of P200,000.00, however, the Court resolves to deny the same. Article 223435 of the Civil Code of the Philippines requires a party to first prove that he is entitled to moral, temperate or compensatory damages before he can be awarded exemplary damages. Moreover, Article 222036 of the same Code provides that in breaches of contract, moral damages may be awarded when the party at fault acted fraudulently or in bad faith. Thus, to justify an award for exemplary damages, the wrongful act must be accompanied by bad faith, and an award of damages would be allowed only if the guilty party acted in a wanton, fraudulent, reckless or malevolent manner.37 In the instant case, there is no showing that VMI failed to pay for its purchased paint products fraudulently or in bad faith. The Court, therefore, does not find Techno to be entitled to exemplary damages.

As to Techno's claim for the award of attorney's fees in the amount of P200,000.00, as well as an honorarium of P5,000.00 per appearance, the Court finds said amounts to be inconsistent with the stipulation on the Delivery Receipts and Invoices submitted by Techno which provides that "the buyer agrees to pay x x x in case of an action is filed in Court, an additional Twenty-Five (25%) Per Cent of the total amount of the obligation due and demandable, in the nature of attorney's fees."38  Thus, instead of the P200,000.00 attorney's fees, as well as the P5,000.00 honorarium per appearance, the award of attorney's fees must be computed on the basis of said stipulation, which provides for a twenty-five percent (25%) charge on the total amount due to petitioner Techno.

Finally, with respect to the matter of interest, the Court notes the stipulation on the Delivery Receipts and Invoices submitted by Techno which provides that "one (1) Per Cent interest per month shall be charged on all overdue accounts."39 Accordingly, respondent VMI is liable to pay interest at the rate of one percent (1%) per month or twelve percent (12%) per annum to be computed from default, i.e., judicial or extrajudicial demand pursuant to the provisions of Article 1169 of the Civil Code.  Furthermore, in accordance with the doctrine laid down in Nacar v. Gallery Frames,40 when the judgment of the court awarding the sum of money becomes final and executory, the rate of legal interest shall be six percent (6%) per annum from such finality until its satisfaction, taking the form of a judicial debt.

WHEREFORE, premises considered, the instant petition is GRANTED. The dispositive portion of the assailed Decision dated March 16, 2012 of the Court of Appeals in CA-G.R. CV No. 84186 shall now read as follows:

chanRoblesvirtualLawlibrary1) The award of actual damages in the amount of P550,000.00 in favor of respondent Viking Metal Industries, Incorporated and against petitioner Techno Development & Chemical Corporation is DELETED;

2)  The award of unpaid balance of the Contract Price in the amount of P2,265,644.23 in favor of Viking Metal Industries, Incorporated against PNOC-Energy Development Corporation is reduced to P2,230,410.10 and the penalty charges in the amount of P180,663.21 is to be deducted therefrom, for a net award of P2,049,746.89;

3)  The award of Attorney's fees amounting to P100,000.00 is also DELETED;

4)  Respondent Viking Metal Industries, Incorporated is ORDERED to PAY petitioner Techno Development & Chemical Corporation the following: (a) the unpaid purchased paint products in the amount of PI 66,750.00; (b) attorney's fees at the rate of twenty-five percent (25%) of the total unpaid amount; (c) interest at the rate of one percent (1%) per month or twelve percent (12%) per annum to be computed from January 31, 1995, the date of default; and (d) from the date of promulgation of this Decision up to full payment, interest at the rate of six percent (6%) per annum on the sum of money plus the interest computed under paragraph (c) above.

SO ORDERED.chanRoblesvirtualLawlibrary

Velasco, Jr., (Chairperson), Perez, Reyes, and Jardeleza, JJ., concur.

Endnotes:


1 Penned by Associate Justice Leoncia Real-Dimagiba, with Associate Justices Hakim S. Abduhvahid and Marlene Gonzales-Sison, concurring; rollo, pp. 31-65.

2 Id. at 79-80.

3 Penned by Judge Cesar D. Santamaria; id. at 244-258.

4 Id. at 32.

5 Id. at 33.

6 Id.

7 Id. at 34.

8 Id. at 35.

9 Id. at 36.

10 Id.

11 Id. at 37-38.

12 Id. at 39-41.

13 Id. at 4 1.

14 Id. at 41-42.

15 Id. at 42,

16 Id.

17 Id. at 43.

18 Id.

19 Id. at 255-258. (Emphasis ours; citations omitted)

20 Id. at 60-62.

21 Id. at 62-64. (Emphasis ours)

22 Id. at 79-80.

23 Id. at 229.

24 Id. at 230-243.

25cralawred Id. at 24. (Emphasis ours)

26 Id. at 25-26.

27 Id. at 564.

28 Id. at 565.

29Development Bank of the Philippines v. Traders Royal Bank, et al., 642 Phil. 547, 556 (2010).

30NFF Industrial Corporation v. G & L Associated Brokerage and/or Gerardo Trinidad, G.R. No. 178169, January 12, 2015, 745 SCRA 73, 94.

31 Id.

32 Id.

33 Id.

34Philippine Commercial International Bank v. Balmaceda, et al., 674 Phil. 509, 528 (2011), citing, Philippines v. Philab Industries, Inc., 482 Phil. 693, 709-710 (2004).

35 Art. 2234. While the amount of the exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. In case liquidated damages have been agreed upon, although no proof of loss is necessary in order that such liquidated damages may be recovered, nevertheless, before the court may consider the question of granting exemplary in addition to the liquidated damages, the plaintiff must show that he would be entitled to moral, temperate or compensatory damages were it not for the stipulation for liquidated damages.

36 Article 2220. Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages arc justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.

37 Tankeh v. Development Bank of the Philippines, et al., 720 Phil. 641, 693 (2013).

38Rollo, pp. 230-243.

39 Id.

40 716 Phil. 267,483 (2013).



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  • G.R. No. 204750, July 11, 2016 - SUSAN D. CAPILI, Petitioner, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G.R. No. 205753, July 04, 2016 - ROSA PAMARAN, SUBSTITUTED BY HER HEIRS, THROUGH THEIR REPRESENTATIVE, ROSEMARY P. BERNABE, Petitioners, v. BANK OF COMMERCE, Respondent.

  • G.R. No. 200042, July 07, 2016 - FELIZARDO T. GUNTALILIB, Petitioner, v. AURELIO Y. DELA CRUZ AND SALOME V. DELA CRUZ, Respondents.

  • G.R. No. 220598, July 19, 2016 - GLORIA MACAPAGAL-ARROYO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND THE SANDIGANBAYAN (FIRST DIVISION), Respondents.; G.R. No. 220953 - BENIGNO B. AGUAS, Petitioner, v. SANDIGANBAYAN (FIRST DIVISION), Respondent.

  • G.R. No. 205951, July 04, 2016 - UNION BANK OF THE PHILIPPINES, Petitioner, v. PHILIPPINE RABBIT BUS LINES, INC., Respondent.

  • G.R. No. 213660, July 05, 2016 - DR. WENIFREDO T. OŅATE, Petitioner, v. COMMISSION ON AUDIT, Respondent.

  • A.M. No. P-14-3213 [Formerly A.M. No. 12-5-91-RTC], July 12, 2016 - ACCREDITED LOCAL PUBLISHERS: THE WEEKLY ILOCANDIA INQUIRER, THE NORLUZONIAN COURIER, THE AMIANAN TRIBUNE, THE WEEKLY CITY BULLETIN, THE NORTHERN STAR, THE WEEKLY BANAT, THE NORTH LUZON HEADLINE, THE REGIONAL DIARYO, AND HIGH PLAINS JOURNAL ILOCANDIA, Complainants, v. SAMUEL L. DEL ROSARIO, CLERK III, REGIONAL TRIAL COURT, BRANCH 33, BAUANG, LA UNION, Respondent.

  • G.R. No. 193584, July 12, 2016 - HAMBRE J. MOHAMMAD, Petitioner, v. GRACE BELGADO-SAQUETON, IN HER CAPACITY AS DIRECTOR IV, CIVIL SERVICE COMMISSION, REGIONAL OFFICE NO. XVI, Respondent.

  • G.R. No. 212206, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GABBY CONCEPCION Y NIMENDA AND TOTO MORALES, Accused-Appellants.

  • G.R. No. 213847, July 12, 2016 - JUAN PONCE ENRILE, Petitioner, v. SANDIGANBAYAN (THIRD DIVISION), AND PEOPLE OF THE PHILIPPINES., Respondents.

  • G.R. No. 213568, July 05, 2016 - ALICIA P. LOGARTA, Petitioner, v. CATALINO M. MANGAHIS, Respondent.

  • G.R. No. 209264, July 05, 2016 - DAMASO T. AMBRAY AND CEFERINO T. AMBRAY, JR., Petitioners, v. SYLVIA A. TSOUROUS, CARMENCITA AMBRAY-LAUREL, HEDY AMBRAY-AZORES, VIVIEN AMBRAY-YATCO, NANCY AMBRAY-ESCUDERO, MARISTELA AMBRAY-ILAGAN, ELIZABETH AMBRAY-SORIANO, MA. LUISA FE AMBRAY-ARCILLA, AND CRISTINA AMBRAY-LABIT, Respondents.

  • G.R. No. 208353, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. STEVE SIATON Y BATE, Accused-Appellant.

  • G.R. No. 212337, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BELTRAN FUENTES, JR. Accused-Appellant.

  • G.R. No. 220978, July 05, 2016 - CENTURY PROPERTIES, INC., Petitioner, v. EDWIN J. BABIANO AND EMMA B. CONCEPCION, Respondents.

  • G.R. No. 203179, July 04, 2016 - TECHNO DEVELOPMENT & CHEMICAL CORPORATION, Petitioner, v. VIKING METAL INDUSTRIES, INCORPORATED, Respondent.

  • G.R. No. 205728, July 05, 2016 - THE DIOCESE OF BACOLOD, REPRESENTED BY THE MOST REV. BISHOP VICENTE M. NAVARRA AND THE BISHOP HIMSELF IN HIS PERSONAL CAPACITY, Petitioners, v. COMMISSION ON ELECTIONS AND THE ELECTION OFFICER OF BACOLOD CITY, ATTY. MAVIL V. MAJARUCON., Respondents.

  • G.R. No. 204693, July 13, 2016 - GUAGUA NATIONAL COLLEGES, Petitioner, v. GUAGUA NATIONAL COLLEGES FACULTY LABOR UNION AND GUAGUA NATIONAL COLLEGES NON-TEACHING AND MAINTENANCE LABOR UNION, Respondents.

  • G.R. No. 213279, July 11, 2016 - C.F. SHARP CREW MANAGEMENT, INC., BLUE OCEAN SHIP MANAGEMENT, LTD., AND/OR WILLIAM S. MALALUAN, Petitioners, v. WILLIAM C. ALIVIO, Respondent.

  • A.M. No. MTJ-16-1869, July 27, 2016 - MARIE CHRISTINE D. BANCIL, Complainant, v. HONORABLE RONALDO B. REYES, PRESIDING JUDGE OF METROPOLITAN TRIAL COURT OF SAN JUAN CITY, BRANCH 58, Respondent.

  • G.R. No. 220449, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. RUSGIE GARRUCHO Y SERRANO, Appellant.

  • A.C. No. 10631, July 27, 2016 - ERNESTO B. BALBURIAS, Complainant, v. ATTY. AMOR MIA J. FRANCISCO, Respondent.

  • G.R. No. 208264, July 27, 2016 - OFFICE OF THE OMBUDSMAN, Petitioner, v. RICO C. MANALASTAS, Respondent.

  • G.R. No. 206649, July 20, 2016 - FOREST HELLS GOLF AND COUNTRY CLUB, INC., REPRESENTED BY RAINIER L. MADRID, IN A DERIVATIVE CAPACITY AS SHAREHOLDER AND CLUB MEMBER, Petitioner, v. FIL-ESTATE PROPERTIES, INC., AND FIL-ESTATE GOLF DEVELOPMENT, INC., Respondents.

  • G.R. No. 203657, July 11, 2016 - AILEEN ANGELA S. ALFORNON, Petitioner, v. RODULFO DELOS SANTOS AND EDSEL A. GALEOS, Respondents.

  • G.R. No. 206690, July 11, 2016 - BARRIO FIESTA RESTAURANT, LIBERTY ILAGAN, SUNSHINE ONGPAUCO-IKEDA AND MARICO CRISTOBAL, Petitioners, v. HELEN C. BERONIA, Respondent.

  • G.R. No. 189878, July 11, 2016 - WILSON FENIX, REZ CORTEZ AND ANGELITO SANTIAGO, Petitioners, v. THE HONORABLE COURT OF APPEALS AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 181375, July 13, 2016 - PHIL-NIPPON KYOEI, CORP., Petitioner, v. ROSALIA T. GUDELOSAO, ON HER BEHALF AND IN BEHALF OF MINOR CHILDREN CHRISTY MAE T. GUDELOSAO AND ROSE ELDEN T. GUDELOSAO, CARMEN TANCONTIAN, ON HER BEHALF AND IN BEHALF OF THE CHILDREN CAMELA B. TANCONTIAN, BEVERLY B. TANCONTIAN, AND ACE B. TANCONTIAN, Respondents.

  • G.R. No. 208086, July 27, 2016 - FLORENCIO MORALES, JR., Petitioner, v. OMBUDSMAN CONCHITA CARPIO-MORALES, ATTY. AGNES VST DEVANADERA, ATTY. MIGUEL NOEL T. OCAMPO, ATTY. JOYCE MARTINEZ-BARUT, ATTY. ALLAN S. HILBERO, AND ATTY. EDIZER J. RESURRECION, Respondents.

  • G.R. No. 215192, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. BERNABE M. BARTOLINI, Appellant.

  • G.R. No. 204873, July 27, 2016 - ESTHER PASCUAL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 204899, July 27, 2016 - HEIRS OF BABAI GUIAMBANGAN, NAMELY, KALIPA B. GUIAMBANGAN, SAYA GUIAMBANGAN DARUS, NENENG P. GUIAMBANGAN, AND EDGAR P. GUIAMBANGAN, Petitioners, v. MUNICIPALITY OF KALAMANSIG, SULTAN KUDARAT, REPRESENTED BY ITS MAYOR ROLANDO P. GARCIA, MEMBERS OF ITS SANGGUNIANG BAYAN, AND ITS MUNICIPAL TREASURER, Respondents.

  • G.R. No. 205010, July 18, 2016 - PETRON GASUL LPG DEALERS ASSOCIATION AND TOTALGAZ LPG DEALERS ASSOCIATION, Petitioners, v. ELENA LAO, IMELDA LAO, POMPIDOU GOLANGCO, JEREMY WILSON GOLANGCO, CARMEN CASTILLO, AND/OR OCCUPANTS OF BAGUIO GAS CORPORATION, Respondents.

  • G.R. No. 180060, July 13, 2016 - SPOUSES AUGUSTO AND NORA NAVARRO, Petitioners, v. RURAL BANK OF TARLAC, INC., Respondent.

  • G.R. No. 194121, July 11, 2016 - TORRES-MADRID BROKERAGE, INC., Petitioner, v. FEB MITSUI MARINE INSURANCE CO., INC. AND BENJAMIN P. MANALASTAS, DOING BUSINESS UNDER THE NAME OF BMT TRUCKING SERVICES, Respondents.

  • G.R. No. 200352, July 20, 2016 - MARY JUNE CELIZ, Petitioner, v. CORD CHEMICALS, INC., LEONOR G. SANZ, AND MARIAN ONTANGCO, Respondents.

  • G.R. No. 210715, July 18, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUSTICO YGOT Y REPUELA, Accused-Appellants.

  • G.R. No. 221636, July 11, 2016 - LAND BANK PHILIPPINES, OF THE Petitioner, v. THE COURT OF APPEALS AND HEIRS OF MANUEL BOLAŅOS, Respondents.

  • G.R. No. 189312, July 28, 2016 - FE B. SAGUINSIN, Petitioner, v. AGAPITO LIBAN, CESARIO LIBAN, EDDIE TANGUILAN, PACENCIA MACANANG, ISIDRO NATIVIDAD, TIMMY SIBBALUCA AND ISIDRO SIBBALUCA, Respondents.

  • G.R. No. 201436, July 11, 2016 - SPOUSES MAMERTO AND ADELIA* TIMADO, Petitioners, v. RURAL BANK OF SAN JOSE, INC., TEDDY MONASTERIO, IN HIS CAPACITY AS ITS PRESIDENT/MANAGER, AND ATTY. AVELINO SALES, Respondents.

  • G.R. No. 198925, July 13, 2016 - SPOUSES ARCHIBAL LATOJA AND CHARITO LATOJA, Petitioners, v. HONORABLE ELVIE LIM, PRESIDING JUDGE, BRANCH 1, REGIONAL TRIAL COURT, BORONGAN, EASTERN SAMAR, ATTY. JESUS APELADO, REGISTER OF DEEDS, BORONGAN, EASTERN SAMAR, ALVARO CAPITO, AS SHERIFF, BRANCH 2, REGIONAL TRIAL COURT, BORONGAN, EASTERN SAMAR, AND TERESITA CABE, REPRESENTED BY ADELINA ZAMORA, Respondents.

  • G.R. No. 195641, July 11, 2016 - TARCISIO S. CALILUNG, Petitioner, v. PARAMOUNT INSURANCE CORPORATION, RP TECHNICAL SERVICES, INC., RENATO L. PUNZALAN AND JOSE MANALO, JR., Respondents.

  • G.R. No. 212346, July 07, 2016 - RICHARD V. FUNK, Petitioner, v. SANTOS VENTURA HOCORMA FOUNDATION, INC., FEDERICO O. ESCALER, JOSE M. ZARAGOZA, DOMINGO L. MAPA, ERNESTO C. PEREZ AND ARISTON ESTRADA, SR., Respondents.

  • G.R. No. 195147, July 11, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G. R. No. 188283, July 20, 2016 - CATHAY PACIFIC AIRWAYS, LTD., Petitioner, v. SPOUSES ARNULFO AND EVELYN FUENTEBELLA, Respondents.

  • G.R. No. 219627, July 04, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. SOUTHERN PHILIPPINES POWER CORPORATION, Respondent.

  • G.R. No. 187400, July 13, 2016 - FELICISIMO FERNANDEZ, SPOUSES DANILO AND GENEROSA VITUG- LIGON, Petitioners, v. SPOUSES ISAAC AND CONCEPCION RONULO Respondents.

  • A.C. No. 11078, July 19, 2016 - VERLITA V. MERCULLO AND RAYMOND VEDANO, Complainants, v. ATTY. MARIE FRANCES E. RAMON, Respondent.

  • G.R. No. 211028, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JONATHAN ARCILLO, Accused-Appellant.

  • G.R. No. 191442, July 27, 2016 - THE MUNICIPALITY OF ALFONSO LISTA, IFUGAO, REPRESENTED BY CHARLES L. CATTILING, IN HIS CAPACITY AS MUNICIPAL MAYOR AND ESTRELLA S. ALIGUYON, IN HER CAPACITY AS MUNICIPAL TREASURER, Petitioner, v. THE COURT OF APPEALS, SPECIAL FORMER SIXTH DIVISION AND SN ABOITIZ POWER-MAGAT, INC.., Respondents.

  • G.R. No. 206927, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DARIUS RENIEDO Y CAUILAN, Accused-Appellants.

  • G.R. No. 204267, July 25, 2016 - LUZ S. ALMEDA, Petitioner, v. OFFICE OF THE OMBUDSMAN (MINDANAO) AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. Nos. 205963-64, July 07, 2016 - AMANDO A. INOCENTES, Petitioner, v. PEOPLE OF THE PHILIPPINES, HON. ROLAND B. JURADO, IN HIS CAPACITY AS CHAIRPERSON, SANDIGANBAYAN, FIFTH DIVISION, HON. CONCHITA CARPIO MORALES, IN HER CAPACITY AS OMBUDSMAN, AS COMPLAINANT; AND HON. FRANCIS H. JARDELEZA, OFFICE OF THE SOLICITOR GENERAL (OSG), IN ITS CAPACITY AS COUNSEL FOR THE PEOPLE, Respondents.

  • G.R. No. 205839, July 07, 2016 - LAND BANK OF THE PHILIPPINES, Petitioner, v. NARCISO L. KHO, Respondent.; G.R. No. 205840 - MA. LORENA FLORES AND ALEXANDER CRUZ, Petitioners, v. NARCISO L. KHO, Respondent.

  • G.R. No. 206888, July 04, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. MARITESS CAYAS Y CALITIS @ "TETET", Appellant.

  • G.R. No. 204222, July 04, 2016 - NEPTUNE METAL SCRAP RECYCLING, INC., Petitioner, v. MANILA ELECTRIC COMPANY AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 191492, July 04, 2016 - PATRICIA SIBAYAN REPRESENTED BY TEODICIO SIBAYAN, Petitioner, v. EMILIO COSTALES, SUSANA ISIDRO, RODOLFO ISIDRO, ANNO ISIDRO AND ROBERTO CERANE., Respondents.

  • A.M. No. RTJ-14-2369 [Formerly OCA I.P.I. No. 12-3907-RTJ], July 26, 2016 - DEPARTMENT OF JUSTICE, REPRESENTED BY SECRETARY LEILA M. DE LIMA, Petitioner, v. JUDGE ROLANDO G. MISLANG, PRESIDING JUDGE, BRANCH 167, REGIONAL TRIAL COURT, PASIG CITY, RESPONDENT.; A.M. No. RTJ-14-2372 [FORMERLY OCA I.P.I. No. 11-3736-RTJ] - HOME DEVELOPMENT MUTUAL FUND (HDMF), REPRESENTED BY ATTY. JOSE ROBERTO F. PO, Petitioner, v. JUDGE ROLANDO G. MISLANG, PRESIDING JUDGE, BRANCH 167, REGIONAL TRIAL COURT, PASIG CITY, Respondent.

  • G.R. No. 210192, July 04, 2016 - ROSALINDA S. KHITRI AND FERNANDO S. KHITRI, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. OCA IPI No. 12-204-CA-J, July 26, 2016 - RE: VERIFIED COMPLAINT FOR DISBARMENT OF AMA LAND, INC. (REPRESENTED BY JOSEPH B. USITA) AGAINST COURT OF APPEALS ASSOCIATE JUSTICES HON. DANTON Q. BUESER, HON. SESINANDO E. VILLON AND HON. RICARDO G. ROSARIO.

  • G.R. No. 200537, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODRIGO QUITOLAY BALMONTE, Accused-Appellants.

  • G.R. No. 183934, July 20, 2016 - ERNESTO GALANG AND MA. OLGA JASMIN CHAN, Petitioners, v. BOIE TAKEDA CHEMICALS, INC. AND/OR KAZUHIKO NOMURA, Respondents.

  • G.R. No. 183645, July 20, 2016 - HEIRS OF GAMALIEL ALBANO, REPRESENTED BY ALEXANDER ALBANO AND ALL OTHER PERSON LIVING WITH THEM IN THE SUBJECT PREMISES, Petitioners, v. SPS. MENA C. RAVANES AND ROBERTO RA VANES, Respondents.

  • G.R. No. 212426, July 26, 2016 - RENE A.V. SAGUISAG, WIGBERTO E. TAŅADA, 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 CASIŅO, Petitioners, v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., DEPARTMENT OF NATIONAL DEFENSE SECRETARY VOLTAIRE GAZMIN, DEPARTMENT 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., Petitioner-In-Intervention.

  • G.R. No. 208527, July 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARDO BACERO Y CASABON, Accused-Appellants.

  • G.R. No. 190408, July 20, 2016 - BENJIE B. GEORG REPRESENTED BY BENJAMIN C. BELARMINO, JR., Petitioner, v. HOLY TRINITY COLLEGE, INC., Respondent.

  • G.R. No. 215764, July 13, 2016 - RICHARD K. TOM, Petitioner, v. SAMUEL N. RODRIGUEZ, Respondent.

  • A.C. No. 10944, July 12, 2016 - NORMA M. GUTIERREZ, Complainant, v. ATTY. ELEANOR A. MARAVILLA-ONA. Respondent.

  • G.R. No. 204605, July 19, 2016 - INTELLECTUAL PROPERTY ASSOCIATION OF THE PHILIPPINES, Petitioner, v. HON. PAQUITO OCHOA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. ALBERT DEL ROSARIO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS, AND HON. RICARDO BLANCAFLOR, IN HIS CAPACITY AS THE DIRECTOR GENERAL OF THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES, Respondents.

  • A.C. No. 11316, July 12, 2016 - PATRICK A. CARONAN, Complainant, v. RICHARD A. CARONAN A.K.A. "ATTY. PATRICK A. CARONAN," Respondent.

  • G.R. No. 206054, July 25, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. MINNIE TUMULAK Y CUENCA, Appellant.

  • G.R. No. 206906, July 25, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. FLORDILINA RAMOS, Appellant.

  • G.R. No. 217999, July 26, 2016 - TERESITA P. DE GUZMAN, IN HER CAPACITY AS FORMER GENERAL MANAGER; BERNADETTE B. VELASQUEZ, IN HER CAPACITY AS FINANCE MANAGER; ATTY. RODOLFO T. TABANGIN, ATTY. ANTONIO A. ESPIRITU, ATTY. MOISES P. CATING, IN THEIR CAPACITIES AS FORMER MEMBERS OF THE BAGNIO WATER DISTRICT (BWD) BOARD OF DIRECTORS; AND SONIA A. DAOAS AND ENGR. FELINO D. LAGMAN, IN THEIR CAPACITIES AS INCUMBENT MEMBERS OF THE BOARD OF DIRECTORS, Petitioners, v. COMMISSION ON AUDIT, CENTRAL OFFICE, REPRESENTED BY ITS CHAIRPERSON MICHAEL G. AGUINALDO, COMMISSIONER JUANITO G. ESPINO, JR., COMMISSIONER HEIDI MENDOZA, AND NILDA B. PLARAS, DIRECTOR IV, COMMISSION SECRETARY, Respondents.

  • G.R. No. 213598, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MERCELITA1 ARENAS Y BONZO @ MERLY, Accused-Appellants.

  • G.R. No. 208009, July 11, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDILBERTO PUSING Y TAMOR, Accused-Appellant.

  • A.M. No. P-16-3471 (Formerly A.M. No. 15-06-197-RTC), July 26, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JOHN REVEL B. PEDRIŅA, CLERK III, BRANCH 200, REGIONAL TRIAL COURT, LAS PIŅAS CITY, Respondent.

  • G.R. No. 199151-56, July 25, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. THE SANDIGANBAYAN, FIFTH DIVISION, LT. GEN. LEOPOLDO S. ACOT, B/GEN. ILDEFONSO N. DULINAYAN, LT. COL. SANTIAGO B. RAMIREZ, LT. COL. CESAR M. CARINO, MAJ. PROCESO T. SABADO, MAJ. PACQUITO L. CUENCA, 1LT. MARCELINO M. MORALES, M/SGT. ATULFO D. TAMPOLINO, REMEDIOS "REMY" DIAZ, JOSE GADIN, JR., GLENN ORQUIOLA, HERMINIGILDA LLAVE, GLORIA BAYONA AND RAMON BAYONA JR., Respondents.

  • G.R. No. 190158, July 20, 2016 - HEIRS OF LIBERATO CASTILLEJOS AND RURAL BANK OF AGOO, LA UNION, Petitioners, v. LA TONDEŅA INCORPORADA, Respondent.

  • G.R. No. 208837, July 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DONNA RIVERA Y DUMO, Accused-Appellant.

  • G.R. No. 210801, July 18, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALVIN CENIDO Y PICONES AND REMEDIOS CONTRERAS Y CRUZ, Accused-Appellants.

  • G.R. No. 213529, July 13, 2016 - JANET LIM NAPOLES, Petitioner, v. HON. SECRETARY LEILA DE LIMA, PROSECUTOR GENERAL CLARO ARELLANO, AND SENIOR DEPUTY STATE PROSECUTOR THEODORE M. VILLANUEVA, IN THEIR CAPACITIES AS OFFICERS OF THE DEPARTMENT OF JUSTICE, HON. ELMO M. ALAMEDA, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF MAKATI, BRANCH 150, NATIONAL BUREAU OF INVESTIGATION (NBI), ARTURO F. LUY, GERTRUDES K. LUY, ANNABELLE LUY-REARIO, AND BENHUR K. LUY, Respondents.

  • G.R. No. 215340, July 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GLORIA CAIZ Y TALVO, Accused-Appellants.

  • G.R. No. 202514, July 25, 2016 - ANNA MARIE L. GUMABON, Petitioner, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G.R. No. 192477, July 27, 2016 - MOMARCO IMPORT COMPANY, INC., Petitioner, v. FELICIDAD VILLAMENA, Respondent.

  • G.R. No. 210606, July 27, 2016 - GRACE PARK* INTERNATIONAL CORPORATION AND WOODLINK REALTY CORPORATION, Petitioners, v. EASTWEST BANKING CORPORATION, SECURITY BANKING CORPORATION, ALLIED BANKING CORPORATION, REPRESENTED BY THE TRUSTEE AND ATTORNEY-IN-FACT OF EASTWEST BANKING CORPORATION TRUST DIVISION, EMMANUEL L. ORTEGA, IN HIS CAPACITY AS THE EX-OFFICIO SHERIFF OF THE REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN, EDRIC C. ESTRADA, IN HIS CAPACITY AS SHERIFF IV OF THE REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN, Respondent.

  • G.R. No. 172682, July 27, 2016 - SULPICIO LINES, INC., Petitioner, v. NAPOLEON SESANTE, NOW SUBSTITUTED BY MARIBEL ATILANO, KRISTEN MARIE, CHRISTIAN IONE, KENNETH KERRN AND KARISNA KATE, ALL SURNAMED SESANTE, Respondent.

  • G.R. No. 199180, July 27, 2016 - THELMA RODRIGUEZ, JOINED BY HER HUSBAND, Petitioners, v. SPOUSES JAIME SIOSON AND ARMI SIOSON, ET AL., Respondents.

  • G.R. No. 181335, July 27, 2016 - MARIO SALUTA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 5951, July 12, 2016 - JUTTA KRURSEL, Complainant, v. ATTY. LORENZA A. ABION, Respondent.

  • G.R. No. 218665, July 20, 2016 - JULIUS BAUTTSTA, ARSENIO LARANANG, REYNALDO BALDEMOR, MANAYAN, NORMA FLORES, CONSUELO ESTIGOY, CARMELITA VALMONTE, SIMEON MARTIN, MAGDALENA GADIAN, JOSE GINNO DELA MERCED, JOVEN SILAN, JR., JULIO DIAZ, GIDEON ACOSTA, AND WENCESLA BAUTISTA, Petitioners, v. LT. COL. BENITO DONIEGO, JR., LT. COL. ALFREDO PATARATA, AND MAJOR GENERAL GREGORIO PIO CATAPANG, Respondent.

  • A.C. No. 9492, July 11, 2016 - PLUTARCO E. VAZQUEZ, Complainants, v. ATTY. DAVID LIM QUECO KHO, Respondent.

  • A.C. No. 6387 [Formerly CBD Case No. 11-3001], July 19, 2016 - GABINO V. TOLENTINO AND FLORDELIZA C. TOLENTINO, Complainants, v. ATTY. HENRY B. SO AND ATTY. FERDINAND L. ANCHETA, Respondents.

  • G.R. No. 215723, July 27, 2016 - DOREEN GRACE PARILLA MEDINA, A.K.A. "DOREEN GRACE MEDINA KOIKE," Petitioner, v. MICHIYUKI KOIKE, THE LOCAL CIVIL REGISTRAR OF QUEZON CITY, METRO MANILA, AND THE ADMINISTRATOR AND CIVIL REGISTRAR GENERAL OF THE NATIONAL STATISTICS OFFICE, Respondent.

  • G.R. No. 204494, July 27, 2016 - JO-ANN DIAZ-SALGADO AND HUSBAND DR. GERARD C. SALGADO, Petitioners, v. LUIS G. ANSON, Respondent.

  • G.R. No. 213601, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FRANKIE GERERO, ROLITO GERERO Y ARMIROL, CHRISTOPHER GERERO, ALFIE ESPINOSA Y MENDEZ AND RENATO BARTOLOME Y JAIME, ACCUSED, ROLITO GERERO Y ARMIROL, ALFIE ESPINOSA Y MENDEZ AND RENATO BARTOLOME Y JAIME, Accused-Appellants.

  • G.R. No. 217381, July 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICENTE R. SALVADOR, Accused-Appellant.

  • A.C. No. 7072, July 27, 2016 - VIRGILIO D. MAGAWAY AND CESARIO M. MAGAWAY, Complainants, v. ATTY. MARIANO A. AVECILLA, Respondent.

  • G.R. No. 212615, July 19, 2016 - LEODEGARIO A. LABAO, JR., Petitioner, v. COMMISSION ON ELECTIONS AND LUDOVICO L, MARTELINO, JR., Respondents.; G.R. NO. 212989 - SHARON GRACE MARTINEZ-MARTELINO, Petitioner, v. COMMISSION ON ELECTIONS AND VICE MAYOR JOSE O. ALBA, JR., Respondent.

  • G.R. Nos. 194763-64, July 20, 2016 - WILFRED GACUS YAMSON, ASSISTANT GENERAL MANAGER A, REY CAŅETE CHAVEZ, DEPARTMENT MANAGER C, ARNOLD DOMINGO NAVALES, DEPARTMENT MANAGER C, ROSINDO JAPAY ALMONTE, DIVISION MANAGER C, ALFONSO EDEN LAID, ASSISTANT GENERAL MANAGER A, AND WILLIAM V. GUILLEN, DEPARTMENT MANAGER C, (ALL OF) DAVAO CITY WATER DISTRICT, BAJADA, DAVAO CITY, Petitioners, v. DANILO C. CASTRO AND GEORGE F. INVENTOR, Respondents.

  • G.R. No. 210710, July 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LUISITO GABORNE Y CINCO, Accused-Appellant.

  • G.R. No. 209271, July 26, 2016 - INTERNATIONAL SERVICE FOR THE ACQUISITION OF AGRI-BIOTECH APPLICATIONS, INC., Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY, MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN, AND EDWIN MARTHINE LOPEZ, RESPONDENTS. CROP LIFE PHILIPPINES, INC., Petitioner-In-Intervention.; G.R. NO. 209276 - ENVIRONMENTAL MANAGEMENT BUREAU OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, BUREAU OF PLANT INDUSTRY AND THE FERTILIZER AND PESTICIDE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE, Petitioners, v. COURT OF APPEALS, GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR, ANGELINA GALANG, LEONARDO AVILA HI, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN, AND EDWIN MARTHINE LOPEZ, RESPONDENTS. CROP LIFE PHILIPPINES, INC., Petitioner-In-Intervention.; G.R. NO. 209301 - UNIVERSITY OF THE PHILIPPINES LOS BAŅOS FOUNDATION, INC.,. Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES) MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOHOY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY L. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN, AND EDWIN MARTHINE LOPEZ, Respondents.; G.R. NO. 209430 - UNIVERSITY OF THE PHILIPPINES LOS BAŅOS, Petitioner, v. GREENPEACE SOUTHEAST ASIA (PHILIPPINES), MAGSASAKA AT SIYENTIPIKO SA PAGPAPAUNLAD NG AGRIKULTURA (MASIPAG), REP. TEODORO CASINO, DR. BEN MALAYANG III, DR. ANGELINA GALANG, LEONARDO AVILA III, CATHERINE UNTALAN, ATTY. MARIA PAZ LUNA, JUANITO MODINA, DAGOROY MAGAWAY, DR. ROMEO QUIJANO, DR. WENCESLAO KIAT, JR., ATTY. H. HARRY L. ROQUE, JR., FORMER SEN. ORLANDO MERCADO, NOEL CABANGON, MAYOR EDWARD S. HAGEDORN, AND PROMULGATED: EDWIN MARTHINE LOPEZ, Respondent.

  • A.M. No. 12-8-07-CA, July 26, 2016 - 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., Respondent.

  • G.R. No. 202050, July 25, 2016 - PHILIPPINE NATIONAL OIL COMPANY AND PNOC DOCKYARD & ENGINEERING CORPORATION, Petitioners, v. KEPPEL PHILIPPINES HOLDINGS, INC., Respondent.

  • G.R. No. 210991, July 12, 2016 - DUTY FREE PHILIPPINES CORPORATION (FORMERLY DUTY FREE PHILIPPINES) DULY REPRESENTED BY ITS CHIEF OPERATING OFFICER, LORENZO C. FORMOSO, Petitioner, v. COMMISSION ON AUDIT, HON. MA. GRACIA M. PULIDO TAN, CHAIRPERSON AND HON. HEIDI L. MENDOZA, COMMISSIONER, Respondent.

  • A.C. No. 10117, July 25, 2016 - IN RE: RESOLUTION DATED AUGUST 14, 2013 OF THE COURT OF APPEALS IN CA- PRESENT: GR.CV NO. 94656, v. ATTY. GIDEON D.V. MORTEL, Respondent.