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Philippine Supreme Court Jurisprudence > Year 2016 > July 2016 Decisions > G.R. No. 204873, July 27, 2016 - ESTHER PASCUAL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.:




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

PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

G.R. No. 204873, July 27, 2016

ESTHER PASCUAL, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

D E C I S I O N

DEL CASTILLO, J.:

This Petition for Review on Certiorari under Rule 45 of the Rules of Court seeks to reverse and set aside the April 13, 2012 Decision1 and the October 18, 2012 Resolution2 of the Court of Appeals (CA) in CA-GR. CR No. 32138, which affirmed the July 25, 2008 Decision3 of the Regional Trial Court (RTC) of Las Piņas City, Branch 201, in Criminal Case No. 04-1039, finding petitioner Esther Pascual (Pascual) guilty beyond reasonable doubt of the complex crime of Estafa through Falsification of Public Document.

Proceedings before the Regional Trial Court

Pascual and Remegio Montero (Montero) were indicted for the crime of Estafa through Falsification of Public Document for colluding and making it appear that they had facilitated the payment of the capital gains tax of private complainant Ernesto Y. Wee to the Bureau of Internal Revenue (BIR) when, in truth and in fact, they converted and misappropriated the money for their own personal benefit. The charge against these two stemmed from the following Information filed by the Office of the Ombudsman:ChanRoblesVirtualawlibrary

That on or about June 26, 2003 in Las Piņas City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused ESTHER PASCUAL a low ranking public officer, being an employee of the City Assessor's Office, Las Piņas City, while in the performance of her official function, committing the offense in relation to her office, and taking advantage of her official position, conspiring and confederating with one REMEGIO MONTERO, a private citizen and helping each other, did then and there willfully, unlawfully and feloniously defraud one ERNESTO Y. WEE thru LEONOR A. TIONGCO in the following manner, to wit: the said accused received from said ERNESTO Y. WEE thru LEONOR A. TIONGCO the amount of P130,000.00 for the purpose of paying the Capital Gains Tax on a real estate property which complainant bought in Las Piņas City, with the Bureau of Internal Revenue (BIR), forge and falsify or cause to be forged and falsified B1R Official Receipt No. 2145148, in the amount of P102,810.00 as payment of Capital Gains Tax of said ERNESTO Y. WEE by making it appear that they paid said amount of P102,810.00 with the BIR, when in truth and in fact, accused fully well knew that there was no payment made with the BIR and did then and there willfully, unlawfully and criminally take, convert and misappropriate for their own personal use and benefit the aforesaid amount of P130,000.00, Philippine Currency, to the damage and prejudice of said ERNESTO Y. WEE in the aforesaid sum.

CONTRARY TO LAW.4chanroblesvirtuallawlibrary
Montero was arraigned on April 11, 2005, but was later acquitted of the crime charged for insufficiency of evidence in a Decision rendered on March 31, 2008. On the other hand, Pascual was arraigned on January 10, 2007; she entered a negative plea to the crime charged.

During the trial, the State presented the following witnesses: private complainant Ernesto Y. Wee (Wee), Leonor A. Tiongco (Tiongco), Wee's secretary, and Ma. Nimfa Penalosa De Villa (De Villa), the Assistant Revenue District Officer of the BIR at Las Piņas City. Their collective testimonies tended to establish these facts:

chanRoblesvirtualLawlibrarySometime in 2003, Wee and his wife Susana Wee purchased a real property in Las Piņas City. Since Wee was based in Bacolod City, he directed his secretary, Tiongco, to go to Manila to process the transfer of title to the said property and to pay the capital gains tax thereon. On June 27, 2003, Tiongco informed Wee that she had paid the capital gains tax through Pascual, an employee at the City Assessor's Office of Las Piņas City, who was referred to her by Montero, a part-time businessman from Bacolod City and an acquaintance of Wee.

According to Tiongco, Montero told her to prepare P130,000.00 as payment for the capital gains tax. Thereafter, she met Pascual and Montero at SM Megamall, along EDSA. Pascual personally offered to facilitate the payment through her alleged "connections" or "contacts" at the BIR office. Tiongco asked if she could meet Pascual's "connection" or "contact" at the BIR, but Pascual replied in the negative. Upon Pascual's and Montero's insistence, Tiongco issued a check for the said amount, in Montero's name, and Montero encashed the check at the Robinson's Savings Bank, Ortigas Branch. Montero then gave the money back to Tiongco for "safekeeping," After this, Tiongco, Pascuai, and Montero went to the BIR office located inside the Metropolis Mall in Las Piņas City. When they got there, Pascual then asked for the money so she could "facilitate payment of the taxes." At first, Tiongco was apprehensive about giving the money to Pascual, so she asked Pascual if she could meet the person, i.e., Pascual's alleged "contact" or "connection" inside the BIR office. But Pascual replied that "the person would not face me at the time," and added that she was just accommodating her (Tiongco), and that if Tiongco wanted to pay less tax, then she had better trust her and just give her the money. Because Pascual was insisting on getting possession of the money, saying that she even had to go on leave from work for two days just to accommodate her (Tiongco); and because Montero also told her (Tiongco) that she (Tiongco) might as well make use of the opportunity to conclude the business for that day since that was her purpose in being there after all, Tiongco gave the P130,000.00 to Pascual and made her sign a voucher dated June 26, 2003.

Pascual and a lady companion then went inside the BIR office with the money, and after some time Pascual came out with a photocopy of BIR Receipt No. 2145148. Pascual told Tiongco that the original of this BIR receipt was left inside her "contact" at the BIR. Pascual then hastened to assure Tiongco that the certificate of title to Wees' property would be issued in three months' time. But the three months came and went, and despite repeated demands, Pascual still did not deliver on her promise. Worse, the Wee spouses discovered that the photocopy of BIR Receipt No. 2145148 was fake.

The other State witness, Las Piņas City Assistant Revenue District Officer De Villa, testified that her office did not have BIR Receipt No. 2145148 in its possession, nor did her office ever issue one such receipt to Pascual. She affirmed that the photocopy of the receipt in question is in fact a fake BIR receipt.

Pascual waived her right to present countervailing evidence in her defense.

Ruling of the Regional Trial Court

On July 25, 2008, the RTC of Las Piņas City, Branch 201, rendered judgment finding Pascual guilty beyond reasonable doubt of the crime of Estafa through Falsification of Public Document. The dispositive part of the RTC's Decision reads:ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, the Court hereby finds the accused Esther Pascual GUILTY beyond reasonable [doubt] of the complex crime of Estafa [through] Falsification of a Public Document and pursuant to the provisions of Article 315 and Article 171 of the Revised Penal Code, she is sentenced to suffer the penalty of Prision Mayor. Applying the Indeterminate Sentence Law, the accused is sentenced to a prison term of Three (3) years of Prision [C]orrec[c]ional to Eight (8) years of Prision Mayor and a fine of P5,000.00.

By way of civil liability, the accused is ordered to pay the offended party the sum of P130,000.00 representing the sum given by private complainant duly received by the accused and the sum of P20,000.00 as attorney's fees.

SO ORDERED.5chanroblesvirtuallawlibrary
Pascual filed a Motion for Reconsideration but same was denied by the RTC; hence Pascual elevated her case to the CA.

Ruling of the Court of Appeals

Before the CA, Pascual argued that she was convicted of an offense that was different from that alleged in the Information; that although she was accused of Estafa through Falsification of Public Document, she was however convicted by the RTC under Article 171 (Falsification by public officer, employee, or ecclesiastical minister) in relation to Article 315 (Estafa) of the Revised Penal Code (RPC). Pascual insisted that no evidence had been adduced tending to prove that she falsified BIR Receipt No. 2155148.

But her arguments failed to impress the CA, which after review of the appealed case, disposed as follows:ChanRoblesVirtualawlibrary
WHEREFORE, premises considered, the instant appeal is hereby DISMISSED for lack of merit. Accordingly, the assailed Decision of the Regional Trial Court (RTC), Branch 201, Las Piņas City convicting the accused of the complex crime of estafa through Falsification of Public Document is AFFIRMED.

SO ORDERED.6chanroblesvirtuallawlibrary
In reaching the foregoing conclusion, the CA ruled that Estafa through Falsification of Public Document is not a singular offense but a complex crime where two different offenses are tried as one because one offense was committed as a necessary means to commit the other, or because a single act constitutes two or more grave or less grave felonies.

The CA rejected Pascual's contention that the State failed to prove that she falsified the BIR receipt in question. On the contrary, the CA found that the State was able to satisfactorily establish clear and convincing evidence that Pascual was responsible for falsifying such receipt.

Hence, this Petition.

Issues

Pascual raises the following issues in this Petition:ChanRoblesVirtualawlibrary
I.

WHETHER THE HONORABLE COURT OF APPEALS ERRED IN AFFIRMING THE JUDGMENT OF CONVICTION BY GIVING FULL WEIGHT AND CREDENCE TO THE PROSECUTION'S VERSION.

II.

WHETHER THE HONORABLE COURT OF APPEALS ERRED IN AFFIRMING THE DECISION OF THE REGIONAL TRIAL COURT DESPITE THE FACT THAT THE EVIDENCE ON RECORD FAILED TO SUPPORT A CONVICTION.7chanroblesvirtuallawlibrary
Pascual now argues that the CA erred in upholding the judgment of the RTC and in giving foil weight and credence to the State's account of the indictment against her.

Anent the alleged estafa, Pascual contends that she did not in any way beguile or mislead Tiongco into believing that she was connected with the BIR, as indeed the only representation she allegedly made was that she knew someone inside that office.

As to the alleged falsification, Pascual contends that she did not take advantage of her official position at the BIR at all because it was not her duty to make or prepare the BIR receipt in question.

Our Ruling

We deny the Petition. Both the RTC and the CA correctly found Pascual guilty beyond reasonable doubt of the crime of Estafa through Falsification of Public Document.

The State was able to satisfactorily establish the elements of estafa, to wit: "(1) that the accused defrauded another by abuse of confidence or by means of deceit, and (2) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person."8 Here, Pascual defrauded Tiongco by pretending that she had "connections" or "contacts" within the BIR to whom she could allegedly directly pay the capital gains tax at a reduced amount and also with whose help and assistance the transfer certificate of title to the property purchased could be expedited. In fact, in their first meeting, Pascual impressed upon Tiongco that she is a person of some power and influence because she was an employee of the Las Piņas City Assessor's Office and thus had "connections" or "contacts" within the BIR and the City Registry of Deeds.

Moreover, the State was also able to establish the following elements of the crime of Falsification of Public Document: "(1) that the offender is a public officer, employee, or notary public; (2) that he takes advantage of Ms official position; (3) that he falsifies a document by causing it to appear that persons have participated in any act or proceeding; (4) [and] that such person or persons did not in fact so participate in the proceeding."9chanrobleslaw

We adopt the following findings of facts of the CA as these findings are borne out by the records:ChanRoblesVirtualawlibrary
It was established that the accused won over Tiongco by appearing to have expertly facilitated transfers of title in the past while accelerating the payment of taxes along the way. To this end, she assured Tiongco that she knew people from the BIR to whom they could directly pay the capital gains tax for less. When Tiongco appealed apprehensive, she would sound urgent (she was allegedly absent from work for two days to accommodate Tiongco) and, at one point, incensed (she told Tiongco that she was wasting her time for not having the cash). To allay Tiongco's fears, the accused consistently appeared resolute in her purpose especially when it was time for her to pay the capital gains tax. In this instance, she 'transacted' inside the BIR in plain view of Tiongco and thereafter presented her with a photocopy of the BIR receipt that later turned out to be forged.

The deceit by which the charade was accomplished is unmistakable. Deceit as used in this instance is defined as any act or devise intended to deceive; a specie of concealment or distortion of the truth for the purpose of misleading. Concomitantly, for it to prosper, the following elements must concur: (a) that an accused defrauded another by abuse of confidence, or by means of deceit; and (b) that damage and prejudice capable of pecuniary estimation is caused the offended party or third person.

In the present instance, the accused made certain that Tiongco would fall prey to her artifice by presenting herself as someone with extensive connections in the BIR and the Registry of Deeds being herself an employee of the Assessor's Office whose function is the appraisal and assessment of real properties essentially for taxation purposes. She did not relent until Tiongco prepared the amount of P130,000.00 supposedly necessary for the payment of taxes. The accused guaranteed that the money will go as intended because she has done it many times before and her transactions turned out well. This, of course, was pure farce because the title of the property was not transferred to the private respondent's spouse as intended, while the capital gains tax remained unpaid. More importantly, it was discovered later that the BIR receipt furnished by the accused was a falsified document per testimony of Hie assistant district revenue officer of BIR-Las Piņas. This constitutes as the other half of the offense.

Falsification of public document carries with it the following elements: (a) That the offender is a public officer, employee, or notary public; (b) That he takes advantage of his official position; and (c) That he falsifies a document by causing it to appear that persons have participated in any act or proceeding.

Naturally, the accused attempted to deny having forged or falsified the BIR receipt, alleging that there was no direct evidence presented that would link her to the charge of falsification.

Indeed, there was no one from the prosecution that witnessed the accused in the act of falsifying or forging the BIR receipt. However, while direct evidence is scarce, the circumstances surrounding the events that led to her indictment speak of no one but the accused as the perpetrator of the offense. For instance, she did not contradict Tiongco's testimony that after she received the money intended for the payment of the capital gains tax, she and her lady companion went inside the BIR office supposedly to pay the capital gains tax. Neither did she deny Tiongco's testimony that she later came out of the BIR office with the forged BIR receipt which she furnished to Tiognco. Quite revealingly, the accused also remained mum about the testimony of the assistant revenue district officer, Ma. Nimfa Peņalosa De Villa, who disclosed that the document under discussion was unauthentic because it did not come from the BIR.

Clear as they are, the circumstances mentioned earlier are indubitable manifestations that the person responsible for the falsity is the accused herself given that she was the one who supposedly made the transaction inside the BIR, and that she had it in her possession before she passed it off as an official transaction receipt from the BIR. Conviction is not always arrived at by relying on direct evidence alone. Sometimes, the testimonies of witnesses, when credible and trustworthy, are sufficient to bring out a conviction and must be given full faith and credence when no reason to falsely testify is shown.

In the case at bench, Tiongco's testimony is neither erratic nor marred by inconsistency, glaring or otherwise. She was straightforward and narrated the events without missing the focal points. Her testimony, along with that of the assistant revenue district officer, is more than sufficient to espouse the conclusion that the accused personally forged the receipt and deceived Tiongco therewith.10chanroblesvirtuallawlibrary
We now turn to the proper imposable penalty.

The crime committed was estafa through falsification of public document. Being a complex crime, the penalty for the more serious crime shall be imposed in its maximum period. Falsification under Article 171 of the RPC has a corresponding penalty of prision mayor and a fine not to exceed P5,000.00. On the other hand, "[t]the amount of damages is the basis of the penalty for estafa,"11 Specifically, Article 315 of the RPC provides the penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of fraud is over [P12,000.00] but does not exceed [P22,000.00]; and if [the amount defrauded exceeds P22,000.00], the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional [P10,000.00], but the total penalty which may be imposed shall not exceed twenty years x x x [and] shall be termed prision mayor or reclusion temporal, as the case may be.

In this case, the amount defrauded was P130,000.00. As such, the prescribed penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be imposed in its maximum period which has a range of six (6) years, eight (8) months and twenty one (21) days to eight (8) years, adding one (1) year for each additional P10,000.00. Thus, the maximum term of the imposable penalty is from sixteen (16) years, eight (8) months and twenty one (21) days to eighteen (18) years of reclusion temporal. Thus, as compared to the crime of falsification under Article 171 which carries a penalty of prision mayor, the offense of estafa is the more serious crime.

Applying the Indeterminate Sentence Law, the penalty next lower in degree to that prescribed for the crime of estafa is prision correccional in its minimum and medium periods which ranges from six (6) months and one (1) day to four (4) years and two (2) months.

In fine, the proper indeterminate penalty to be imposed should be four (4) years and two (2) months of prision correccional, as minimum to eighteen (18) years of reclusion temporal, as maximum.

WHEREFORE, this Petition is DENIED, The Decision of the Court of Appeals dated April 13,2012 in CA-GR. CRNo. 32138, is AFFIRMED, subject to the MODIFICATION that petitioner Esther Pascual is sentenced to suffer the indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eighteen (18) years of reclusion temporal, as maximum. All damages awarded shall earn interest at the rate of 6% per annum, reckoned from finality of this Decision until fully paid.

SO ORDERED.chanRoblesvirtualLawlibrary

Carpio, (Chairperson), Brion, Mendoza, and Leonen, JJ., concur.

Endnotes:


1 CA rollo, pp. 107-115; penned by Associate Justice Stephen C. Cruz and concurred in by Associate Justices Vicente S.E. Veloso and Myra V. Garcia-Femandez.

2 Id. at 145-146.

3 Records, pp. 822-828; penned by Presiding Judge Lorna Navarro-Domingo.

4 Id. at 1.

5 Id. at 827-828.

6 CA rollo, pp. 114-115.

7Rollo, p. 16.

8People v. Remullo, 432 Phil. 643, 655 (2002).

9Goma v. Court of Appeals, 596 Phil. 1, 10 (2009).

10Rollo, pp. 30-32.

11Obando v. People, 638 Phil. 296, 315 (2010).



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  • 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.