Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2016 > July 2016 Decisions > 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.:




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.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

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.

D E C I S I O N

PERLAS-BERNABE, J.:

Assailed in this petition for review on certiorari1 is the Resolution2 dated June 16, 2015 rendered by the Court of Appeals (CA) in CA-G.R. SP No. 139159-UDK noting without action: (a) the Petition for Review filed before it on March 31, 2015 with payment of docket fees on even date; (b) the Manifestation filed by herein respondents Lt. Col Benito Doniego, Jr., Lt. Col. Alfredo Patarata, and Major General Gregorio Pio Catapang (respondents) before the Regional Trial Court of Palayan City, Branch 40 (RTC) copy furnished the CA by registered mail on April 6, 2015; (c) the Urgent Motion for the Issuance of a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction filed by Julius Bautista (J. Bautista), Florentina Juan,3 Bienvinido Baldemor,4 Carmelita Manayan, Rufino Flores,5 Elizarde Estigoy,6 Carmelita Valmonte, Gervacio Aregando,7 Dalisay Gadian,8 Jose Ginno Dela Merced, Florentina Silan,9 Julio Diaz, Gideon Acosta, and Wencesla Bautista (Bautista, et al.) on May 21, 2015; and (d) Bautista et al.'s Omnibus Motion for Clarification and Resolution (Re: Assigned Docket Numbers) filed on May 27, 2015.

The Facts

On June 24, 2013, Bautista et al. filed a complaint10 for forcible entry with prayer for the issuance of a TRO and award of damages before the Municipal Trial Court in Cities11 of Palayan City (MTCC) against respondents. They alleged that beginning March 2013, respondents, with the help of soldiers from Fort Magsaysay, by means of stealth, strategy, force, threat, and intimidation, entered the parcels of land located at Fort Magsaysay, Palayan City (subject land) which they have been occupying in the concept of owner for more than ten (10) years.12chanrobleslaw

In defense, respondents denied13 the allegations and claimed that it was Bautista, et al. who surreptitiously entered the subject land despite knowledge that it was part of the Fort Magsaysay Military Reservation since December 19, 1955 pursuant to Presidential Proclamation No. 237, s. 195514 of then President Ramon Magsaysay.15 They also prayed for the award of moral and exemplary damages.16chanrobleslaw

The MTCC Ruling

After due proceedings, the MTCC rendered its Decision17 dated October 8, 2013, directing the respondents and all persons acting on their behalf to vacate the subject land and to peacefully turn over the premises to Bautista, et al.18 The MTCC ruled that Bautista, et al. were in prior possession of the subject land and that respondents had no right to enter the same without authority and consent of the lawful possessors. It found that the subject land had been segregated from the military reservation by virtue of Presidential Proclamation No. 1033, s. 200619 issued by then President Gloria Macapagal-Arroyo, which legally removed the administration and disposition of the subject land from them and transferred the same to the National Housing Authority.20chanrobleslaw

Dissatisfied, respondents, through the Office of the Solicitor General (OSG), appealed21 to the RTC, docketed as Civil Case No. 0760-P-13.22chanrobleslaw

The RTC Ruling and Subsequent Proceedings

In a Decision23 dated December 9, 2014, the RTC reversed and set aside the MTCC Decision. Finding respondents to be the lawful possessors of the subject land, it ordered Bautista, et al. to vacate and peacefully turn over the same to the former.24 In so ruling, the RTC declared that Presidential Proclamation No. 1033, s. 2006 did not state, expressly or impliedly, that the Armed Forces of the Philippines (AFP) was to be dispossessed of the subject land and that the purpose thereof was merely changed from military reservation to off-base housing.25cralawredchanrobleslaw

On January 28, 2015, herein petitioner J. Bautista, ostensibly for and on behalf of his co-petitioners in the courts a quo, filed a Motion for Extension of Time to File a Petition for Review26 (Motion for Extension) before the CA, copy furnished the RTC. In his motion, J. Bautista alleged that the RTC's Decision was received by Bautista, et al.'s counsel on January 16, 2015 and that they had until January 31, 2015 within which to file a petition for review. However, because of their counsel's illness, they prayed for an additional period of thirty (30) days to secure a new counsel and to file their petition for review.27chanrobleslaw

Subsequently, or on February 2, 2015, Bautista, et al. filed a Motion for Reconsideration28 of the RTC's. Decision.

Initially, the RTC, in an Order29 dated February 9, 2015, deemed the said Motion for Reconsideration as abandoned in view of the filing of the Motion for Extension.30 Subsequently, however, after having clarified that the Motion for Extension was filed earlier than the Motion for Reconsideration, the RTC issued an Order31 dated February 24, 2015 declaring that the Motion for Reconsideration had superseded the Motion for Extension, which was deemed abandoned.32chanrobleslaw

Eventually, the RTC denied Bautista, et al.'s Motion for Reconsideration in an Order33 dated March 10, 2015 for lack of merit.

In view of the RTC's reversal of the MTCC Decision, respondents filed a Motion for the Issuance of [a] Writ of Execution34 to implement the RTC's December 9, 2014 Decision. In their comment/opposition,35 Bautista, et al. contended that the immediate execution pending appeal of the judgment of the RTC in forcible entry and unlawful detainer cases is applicable only if the judgment is rendered against the defendants, i.e., herein respondents, which does not obtain in this case, as the judgment was rendered against Bautista, et al., as plaintiffs.36chanrobleslaw

In an Order37 dated April 22, 2015, the RTC granted respondents' motion for the issuance of a writ of execution from which Bautista, et al. sought38 reconsideration.

The Proceedings Before The CA

Meanwhile, in a Resolution39 dated March 9, 2015, the CA acted on J. Bautista's Motion for Extension, docketed as CA-G.R. SP No. 139159-UDK, denying the same for failure to pay the required docket fees within the reglementary period without justifiable reason. Accordingly, it ordered the Motion for Extension expunged from the records.40chanrobleslaw

Subsequently, or on March 31, 2015, Bautista, et al. filed a Petition for Review41 before the CA, with appropriate payment42 of the prescribed docket fees, assailing the December 9, 2014 Decision of the RTC, as well as the March 10, 2015 Order denying the motion for reconsideration thereof. The petition was docketed as CA-G.R. 139764.43 Later, or on May 21, 2f315, Bautista, et al. filed an Urgent Motion for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction44 (Urgent Motion for Issuance of TRO) seeking to enjoin the enforcement of the RTC's April 22, 2015 Order directing the issuance of a writ of execution in favor of respondents.45chanrobleslaw

Finally, on May 27, 2015, Bautista, et al. filed an Omnibus Motion for Clarification and Resolution (Re: Assigned Docket Numbers),46 seeking, inter alia, explanation from the CA on why their Petition for Review, which was docketed as CA-G.R. 139764, was given the docket number of J. Bautista's abandoned Motion for Extension, CA-G.R. SP No. 139159.

On June 16, 2015, the CA issued its assailed Resolution47 merely noting without action, inter alia: (a) Bautista, et al.'s Petition for Review with the payment of docket fees; (b) Bautista, et al.'s Urgent Motion for the Issuance of a TRO; and (c) Bautista, et al.'s Omnibus Motion for Clarification and Resolution (Re: Assigned Docket Numbers). The CA's action was in connection with its earlier Resolution dated March 9, 2015 denying J. Bautista's Motion for Extension and consequently, expunged the case from the records.48chanrobleslaw

Aggrieved, herein petitioners49 elevated the matter before the Court via the instant petition.

The Issue Before the Court

The issue to be resolved by the Court is whether or not the CA erred in merely noting without action Bautista, et al.'s Petition for Review and other subsequent pleadings, thus, denying them due course.

The Court's Ruling

The petition is partly meritorious.

Section 1, Rule 4250 of the Rules of Court provides:ChanRoblesVirtualawlibrary
Section 1. How appeal taken; time for filing. - A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals,!paying at the same time to the clerk of said court the corresponding docket and other lawful fees, depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court and the adverse party with a copy of the petition. The petition shall be filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after judgment. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.
Thus, for appellate jurisdiction to attach, the following requisites must be complied with: (a) the petitioner must have invoked the jurisdiction of the CA within the time for doing so; (b) he must have filed his petition for review within the reglementary period; (c) he must have paid the necessary docket fees; and (d) the other parties must have perfected their appeals in due time.51 In this regard, the Rules of Court require that in an appeal by way of a petition for review, the appeal is deemed perfected as to the petitioner upon the timely filing of the petition and the payment of docket and other lawful fees.52 To perfect the appeal, the party has to file the petition for review and to pay the docket fees within the prescribed period. The law and its intent are clear and unequivocal that the petition is perfected upon its filing and the payment of the docket fees.53 Consequently, without the petition, the CA cannot be said to have acquired jurisdiction over the case.

Applying the foregoing parameters, the appellate jurisdiction did not attach with the filing of J. Bautista's Motion for Extension. Notably] the pleading filed was a mere motion for extension and not a petition for review, and there was no payment of the required docket fees. Besides, J. Bautista filed the motion ostensibly on behalf of the rest of the petitioners in the courts a quo but records are bereft of evidence to show that they had authorized him to do so. The Court also notes that J. Bautista filed the motion after receipt only of the RTC's December 9, 2014 Decision, from which all of the petitioners (Bautista, et al.) seasonably filed their Motion for Reconsideration: Thus, in CA-G.R. SP No. 139159-UDK, the Ca did not acquire appellate jurisdiction for two (2) reasons: one, it was merely a Motion for Extension and not a proper Petition for Review, and two, there was no payment of the required docket fees.

However, the same does not hold true with respect to the Petition for Review subsequently filed by Bautista, et al., which was originally docketed as CA-G.R. 139764. The said petition was filed together with the payment of docket and other lawful fees and assailed not only the December 9, 2014 Decision of the RTC, but also the March 10, 2015 Order denying their Motion for Reconsideration. Records show that Bautista, et al. filed their Petition for Review within the fifteen (15) day period after their receipt of the Order denying their Motion for Reconsideration. Clearly, therefore, the Petition for Review was properly filed, and the CA acquired appellate jurisdiction over the case.

In view of the foregoing, the CA committed reversible error in merely noting without action the Petition for Review, as well as the subsequent pleadings that Bautista, et al. had filed. The Petition for Review initially docketed as CA-G.R. 139764 was an entirely new and distinct pleading assailing the RTC's issuances and did not proceed from the Motion for Extension filed by J. Bautista, which the CA had already ordered expunged from the records. As such, with the expunction of J. Bautista's Motion for Extension, the docket number previously assigned to it should not have been re-assigned to the properly and seasonably-filed Petition for Review. To note, the CA would not have designated the appropriate docket number to the Petition for Review had it not found the same to be in order.

In fine, considering that Bautista, et al. had duly perfected their appeal upon the timely filing of their Petition for Review together with payment of the prescribed docket and other lawful fees, the CA had already acquired appellate jurisdiction over the case. Consequently, it is only proper that the CA reinstate and re-docket the same.

WHEREFORE, the petition is PARTLY GRANTED. The Court of Appeals is directed to REINSTATE and RE-DOCKET the Petition for Review filed before it by Julius Bautista, Florentina Juan (Arsenio Laranang), Bienvinido Baldemor (Reynaldo Baldemor), Carmelita Manayan, Rufino Flores (Norrna Flores), Elizarde Estigoy (Consuelo Estigoy), Carmelita Valmonte, Gervacio Aregando (Simeon Martin), Dalisay Gadian (Magdalena Gadian), Jose Ginno Dela Merced, Florentina Silan (Joven Silan, Jr.), Julio Diaz, Gideon Acosta, and Wencesla Bautista.

SO ORDERED.chanRoblesvirtualLawlibrary

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

Endnotes:


1Rollo, Vol. I, pp. 5-57.

2 Id. at 64. Signed by Division Clerk of Court Tammy Ann C. Reyes-Mendillo.

3 Represented by Arsenio Laranang.

4 Represented by Reynaldo Baldemor.

5 Represented by Norma Flores.

6 Represented by Consuelo Estigoy.

7 Represented by Simeon Martin.

8 Represented by Magdalena Gadian.

9 Represented by Joven Silan, Jr.

10 Docketed as Civil Case No. 640 dated June 21, 2013. Rollo, Vol. I, pp. 65-70.

11 Municipal Trial Court in the complaint; see id. at 65.

12 See id. at 66.

13 See Answer with Counterclaim dated June 29, 2013; id. at 88-93.

14 Entitled "RESERVING FOR MILITARY PURPOSES A PORTION OF THE PUBLIC DOMAIN SITUATED IN THE MUNICIPALITIES OF PAPAYA, STA. ROSA, AND LAUR, PROVINCE OF NUEVA ECIJA AND PORTION OF QUEZON PROVINCE, PHILIPPINES" dated December 19, 1955; id at 94-95.

15 Id. at 88-89.

16 Id. at 92.

17 Id. at 323-338. Penned by Presiding Judge Angel M. Merez, Jr.

18 Id. at 338.

19 Entitled "AMENDING PROCLAMATION NO. 237, SERIES OF 1955 BY EXCLUDING CERTAIN PORTION OF THE LAND EMBRACED THEREIN SITUATED IN THE MUNICIPALITIES OF GEN. TINIO, STA. ROSA, LAUR AND GABALDON AND THE CITY OF PALAYAN, PROVINCE OF NUEVA ECIJA AND THE MUNICIPALITY OF DINGALAN, PROVINCE OF AURORA, ISLAND OF LUZON RESERVING THE SAME FOR OFF-BASE HOUSING SITE AND DECLARING SAME OPEN FOR DISPOSITION TO QUALIFIED BENEFICIARIES" dated March 13, 2006; id. at 97-98.

20 See id. at 335-337.

21 See Notice of Appeal dated November 22, 2013; id. at 339-340.

22 See id. at 407.

23 Id. at 407-416. Permed by Presiding Judge Evelyn A. Atienza-Turla.

24 Id. at 416.

25cralawred See id. at 415.

26 Id. at 417-419.

27 See id. at 417.

28 Dated February 2, 2015. Id. at 420-425.

29 Id. at 426.

30 Id.

31 Id. at 434.

32 Id.

33 Id. at 435.

34 Dated March 4, 2015. Rollo, Vol. II, pp. 857-859.

35 See Comment/Opposition (to the Motion for Issuance of the Writ of Execution) dated March 20, 2015; id. at 860-862.

36 See id. at 860-861.

37 Id. at 872.

38 See Omnibus Motion Ad Abundante Cautelam (i) for Reconsideration of the Order dated April 22, 2015 and (ii) to Inhibit the Honorable Presiding Judge Evelyn Atienza-Turla from Taking Cognizance of the Case] dated May 7, 2015; id. at 873-881.

39 Id. at 854-855. Penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices Mariflor P. Punzalan Castillo and Florito S. Macalino concurring.

40 See Id.

41 Dated March 18, 2015; id. at 436-474.

42 See id. at 852-853.

43 Id. at 436.

44 Dated May 19, 2015. Rollo, Vol. III, pp. 903-921.

45 See id. at 917.

46 Dated May 26, 2015. Id. at 950-957.

47Rollo, Vol. I, p. 64.

48 See id.

49 The petition before the Court was filed by Julius Bautista, Carmelita Manayan, Carmelita Valmonte, Jose Ginno Dela Merced, Julio Diaz, Gideon A costs. Wencesla Bautista, and the representatives of the other petitioner in the courts a quo, i.e., Arsenio Laranang, Reynaldo Baldemor, Norma Flores, Consueio Estigoy, Simeon Martin, Magdalenn Gadian, and Joven Silan, Jr.

50 Petition for Review from the Regional Trial Courts to the Court of Appeals.

51Fernandez v. CA, 497 Phil. 748, 756-757 (2005).

52 Id. at 757, citing the Minutes of the meeting of the Rules of Court Revision Committee, September 18, 1991, p. 11.

53 Id.



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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 BOLA�OS, 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. TA�ADA, 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 CASI�O, 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. PEDRI�A, CLERK III, BRANCH 200, REGIONAL TRIAL COURT, LAS PI�AS 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 TONDE�A 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 CA�ETE 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 BA�OS 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 BA�OS, 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.