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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2016 Jurisprudence                 

  • A.C. No. 7387, November 07, 2016 - MANUEL ENRIQUE L. ZALAMEA, AND MANUEL JOSE L. ZALAMEA, Petitioners, v. ATTY. RODOLFO P. DE GUZMAN, JR. AND PERLAS DE GUZMAN, ANTONIO, VENTURANZA, QUIZON-VENTURANZA, AND HERROSA LAW FIRM, Respondents.

  • G.R. No. 204419, November 07, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. HON. EDMAR P. CASTILLO, SR., AS PRESIDING JUDGE OF BRANCH 6, REGIONAL TRIAL COURT, APARRI, CAGAYAN AND JEOFREY JIL RABINO Y TALOZA, Respondent.

  • G.R. No. 217956, November 16, 2016 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), Petitioner, v. LIMBONHAI AND SONS, Respondent.

  • G.R. No. 212008, November 16, 2016 - WILLIAM ENRIQUEZ AND NELIA-VELA ENRIQUEZ, Petitioners, v. ISAROG LINE TRANSPORT, INC. AND VICTOR SEDENIO, Respondent.

  • A.C. No. 11059, November 09, 2016 - JOSE ANTONIO F. BALINGIT, Complainant, v. ATTY. RENATO M. CERVANTES AND ATTY. TEODORO B. DELARMENTE, Respondent.

  • G.R. No. 215198, November 09, 2016 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JHUN VILLALON Y ORDONO, Accused-Appellants.

  • G.R. No. 213221, November 09, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BIYAN MOHAMMAD Y ASDORI A.K.A. "BONG BIYAN" AND MINA LADJAHASAN Y TOMBREO, ACCUSED, MINA LADJAHASAN Y TOMBREO, Accused-Appellant.

  • G.R. No. 213934, November 09, 2016 - MARY ANN G. VENZON, EDDIE D. GUTIERREZ, JOSE M. GUTIERREZ, JR. AND MONA LIZA L. CABAL, Petitioners, v. ZAMECO II ELECTRIC COOPERATIVE, INC. AND ENGR. FIDEL S. CORREA, GENERAL MANAGER, Respondents.

  • G.R. No. 208090, November 09, 2016 - FERDINAND V. TOMAS, Petitioner, v. CRIMINAL INVESTIGATION AND DETECTION GROUP (CIDG) - ANTI-ORGANIZED CRIME DIVISION (AOCD) (CIDG-AOCD) AND MYRNA UY TOMAS, Respondent.

  • G.R. No. 224302, November 29, 2016 - HON. PHILIP A. AGUINALDO, HON. REYNALDO A. ALHAMBRA, HON. DANILO S. CRUZ, HON. BENJAMIN T. POZON, HON. SALVADOR V. TIMBANG, JR., AND THE INTEGRATED BAR OF THE PHILIPPINES (IBP), Petitioners, v. HIS EXCELLENCY PRESIDENT BENIGNO SIMEON C. AQUINO III, HON. EXECUTIVE SECRETARY PAQUITO N. OCHOA, HON. MICHAEL FREDERICK L. MUSNGI, HON. MA. GERALDINE FAITH A. ECONG, HON. DANILO S. SANDOVAL, HON. WILHELMINA B. JORGE-WAGAN, HON. ROSANA FE ROMERO-MAGLAYA, HON. MERIANTHE PACITA M. ZURAEK, HON. ELMO M. ALAMEDA, AND HON. VICTORIA C. FERNANDEZ-BERNARDO, Respondent.

  • G.R. Nos. 212656-57, November 23, 2016 - MAYOR AMADO CORPUZ, JR., Petitioner, v. PEOPLE OF THE PHILIPPINES AND SANDIGANBAYAN, Respondents.

  • G.R. No. 190385, November 16, 2016 - UCPB GENERAL INSURANCE COMPANY, INC. Petitioner, v. HUGHES ELECTRONICS CORPORATION, Respondent.

  • G.R. No. 209303, November 14, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. THE PROVINCIAL TREASURER OF BENGUET, THE PROVINCIAL ASSESSOR OF BENGUET, THE MUNICIPAL TREASURER OF ITOGON, BENGUET AND THE MUNICIPAL ASSESSOR OF ITOGON, BENGUET, Respondent.

  • G.R. Nos. 209415-17, November 15, 2016 - JOCELYN "JOY" LIM-BUNGCARAS, Petitioner, v. COMMISSION ON ELECTIONS (COMELEC) AND RICO RENTUZA, Respondents.; HERMENEGILDO S. CASTIL, Petitioner, v. COMMISSION ON ELECTIONS (COMELEC) AND RACHEL B. AVENDULA, Respondents.; JESUS AVENDULA, JR., DOMINGO RAMADA, JR. AND VICTOR RAMADA, Petitioners, v. COMMISSION ON ELECTIONS (COMELEC), MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA O. MALUBAY AND BELEN G. BUNGCAG, Respondents.; G.R. No. 210002 - ALDRIN B. PAMAOS, Petitioner, v. COMMISSION ON ELECTIONS, MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA O. MALUBAY AND BELEN G. BUNGCAG, Respondent.

  • A.M. No. 16-02-01-CTA, November 15, 2016 - MA. ROSARIO R. ESCAÑO, CHIEF JUDICIAL STAFF OFFICER, HUMAN RESOURCE DIVISION, OFFICE OF ADMINISTRATIVE AND FINANCE SERVICES, COURT OF TAX APPEALS, Complainant, v. ADRIAN P. MANAOIS, HUMAN RESOURCE MANAGEMENT OFFICER III, HUMAN RESOURCE DIVISION, COURT OF TAX APPEALS, Respondent.

  • A.M. No. P-15-3386 (Formerly A.M. No. 15-07-227-RTC), November 15, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. CLERK OF COURT VI MELVIN C. DEQUITO AND CASH CLERK ABNER C. ARO, REGIONAL TRIAL COURT, SAN PABLO CITY, LAGUNA, Respondent.

  • G.R. No. 208350, November 14, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. HEIRS OF SPOUSES TOMASA ESTACIO AND EULALIO OCOL, Respondents.

  • G.R. No. 188751, November 16, 2016 - BONIFACIO NIEVA Y MONTERO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 225973, November 08, 2016 - SATURNINO C. OCAMPO, TRINIDAD H. REPUNO, BIENVENIDO LUMBERA, BONIFACIO P. ILAGAN, NERI JAVIER COLMENARES, MARIA CAROLINA P. ARAULLO, M.D., SAMAHAN NG EX­DETAINEES LABAN SA DETENSYON AT ARESTO (SELDA), REPRESENTED BY DIONITO CABILLAS, CARMENCITA M. FLORENTINO, RODOLFO DEL ROSARIO, FELIX C. DALISAY, AND DANILO M. DELAFUENTE,* Petitioners, v. REAR ADMIRAL ERNESTO C. ENRIQUEZ (IN HIS CAPACITY AS THE DEPUTY CHIEF OF STAFF FOR RESERVIST AND RETIREE AFFAIRS, ARMED FORCES OF THE PHILIPPINES), THE GRAVE SERVICES UNIT (PHILIPPINE ARMY), AND GENERAL RICARDO R. VISAYA (IN HIS CAPACITY AS THE CHIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES), DEFENSE SECRETARY DELFIN LORENZANA, AND HEIRS OF FERDINAND E. MARCOS, REPRESENTED BY HIS SURVIVING SPOUSE IMELDA ROMUALDEZ MARCOS, Respondents.; RENE A.V. SAGUISAG, SR., RENE A.Q. SAGUISAG, JR., RENE A.C. SAGUISAG III, Intervenors.; G.R. No. 225984 - REP. EDCEL C. LAGMAN, IN HIS PERSONAL AND OFFICIAL CAPACITIES AND AS A MEMBER OF CONGRESS AND AS THE HONORARY CHAIRPERSON OF THE FAMILIES OF VICTIMS OF INVOLUNTARY DISAPPEARANCE (FIND); FAMILIES OF VICTIMS OF INVOLUNTARY DISAPPEARANCE (FIND), REPRESENTED BY ITS CO­CHAIRPERSON, NILDA L. SEVILLA; REP. TEDDY BRAWNER BAGUILAT, JR.; REP. TOMASITO S. VILLARIN; REP. EDGAR R. ERICE; AND REP. EMMANUEL A. BILLONES, Petitioners, v. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA; DEFENSE SECRETARY DELFIN N. LORENZANA; AFP CHIEF OF STAFF LT. GEN. RICARDO R. VISAYA; AFP DEPUTY CHIEF OF STAFF REAR ADMIRAL ERNESTO C. ENRIQUEZ; AND HEIRS OF FERDINAND E. MARCOS, REPRESENTED BY HIS SURVIVING SPOUSE IMELDA ROMUALDEZ MARCOS, Respondents.; G.R. No. 226097 - LORETTA ANN PARGAS-ROSALES, HILDA B. NARCISO, AIDA F. SANTOS­MARANAN, JO-ANN Q. MAGLIPON, ZENAIDA S. MIQUE, FE B. MANGAHAS, MA. CRISTINA P. BAWAGAN, MILA D. AGUILAR, MINERVA G. GONZALES, MA. CRISTINA V. RODRIGUEZ, LOUIE G. CRISMO, FRANCISCO E. RODRIGO, JR., LIWAYWAY D. ARCE, AND ABDULMARI DE LEON IMAO, JR., Petitioners, v. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, DEFENSE SECRETARY DELFIN LORENZANA, AFP DEPUTY CHIEF OF STAFF REAR ADMIRAL ERNESTO C. ENRIQUEZ, AFP CHIEF OF STAFF LT. GEN. RICARDO R. VISAYA, AND PHILIPPINE VETERANS AFFAIRS OFFICE (PVAO) ADMINISTRATOR LT. GEN. ERNESTO G. CAROLINA (RET.), Respondents.; G.R. No. 226116 - HEHERSON T. ALVAREZ, JOEL C. LAMANGAN, FRANCIS X. MANGLAPUS, EDILBERTO C. DE JESUS, BELINDA O. CUNANAN, CECILIA GUIDOTE ALVAREZ, REX DEGRACIA LORES, SR., ARNOLD MARIE NOEL, CARLOS MANUEL, EDMUND S. TAYAO, DANILO P. OLIVARES, NOEL F. TRINIDAD, JESUS DELA FUENTE, REBECCA M. QUIJANO, FR. BENIGNO BELTRAN, SVD, ROBERTO S. VERZOLA, AUGUSTO A. LEGASTO, JR., AND JULIA KRISTINA P. LEGASTO, Petitioners, v. EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, DEFENSE SECRETARY DELFIN LORENZANA, AFP CHIEF OF STAFF LT. GEN. RICARDO R. VISAYA, AFP DEPUTY CHIEF OF STAFF REAR ADMIRAL ERNESTO C. ENRIQUEZ, AND PHILIPPINE VETERANS AFFAIRS OFFICE (PVAO) OF THE DND, Respondents.; G.R. No. 226117 - ZAIRA PATRICIA B. BANIAGA, JOHN ARVIN BUENAAGUA, JOANNE ROSE SACE LIM, JUAN ANTONIO RAROGAL MAGALANG, Petitioners, v. SECRETARY OF NATIONAL DEFENSE DELFIN N. LORENZANA, AFP CHIEF OF STAFF RICARDO R. VISAYA, ADMINISTRATOR OF THE PHILIPPINE VETERANS AFFAIRS OFFICE ERNESTO G. CAROLINA, Respondents.; G.R. No. 226120 - ALGAMAR A. LATIPH, Petitioner, v. SECRETARY DELFIN N. LORENZANA, SUED IN HIS CAPACITY AS SECRETARY OF NATIONAL DEFENSE, LT. GEN. RICARDO R. VISAYA, IN HIS CAPACITY AS CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES AND LT. GEN. ERNESTO G. CAROLINA (RET.), IN HIS CAPACITY AS ADMINISTRATOR, PHILIPPINE VETERANS AFFAIRS OFFICE (PVAO), Respondents.; G.R. No. 226294 - LEILA M. DE LIMA, IN HER CAPACITY AS SENATOR OF THE REPUBLIC AND AS TAXPAYER, Petitioner, v. HON. SALVADOR C. MEDIALDEA, DEFENSE SECRETARY DELFIN LORENZANA, AFP CHIEF OF STAFF LT. GEN. RICARDO R. VISAYA, UNDERSECRETARY ERNESTO G. CAROLINA, IN HIS CAPACITY AS PHILIPPINE VETERANS AFFAIRS OFFICE (PVAO) ADMINISTRATOR AND B/GEN. RESTITUTO L. AGUILAR, IN HIS CAPACITY AS SHRINE CURATOR AND CHIEF VETERANS MEMORIAL AND HISTORICAL DIVISION AND HEIRS OF FERDINAND EDRALIN MARCOS, Respondent.

  • G.R. No. 189026, November 09, 2016 - PHILIPPINE TELEGRAPH TELEPHONE CORP., Petitioner, v. SMART COMMUNICATIONS, INC., Respondent.

  • G.R. No. 192369, November 09, 2016 - MARIA VICTORIA TOLENTINO-PRIETO, Petitioner, v. ROBERT S. ELVAS, Respondent.; G.R. No. 193685 - ROBERT S. ELVAS, Petitioner, v. INNSBRUCK INTERNATIONAL TRADING AND/OR MARIVIC TOLENTINO (A.K.A. MARIA VICTORIA TOLENTINO-PRIETO), Respondents.

  • G.R. No. 222730, November 07, 2016 - BUENAFLOR CAR SERVICES, INC., Petitioner, v. CEZAR DURUMPILI DAVID, JR., Respondent.

  • G.R. No. 190203, November 07, 2016 - POWERHOUSE STAFFBUILDERS INTERNATIONAL, INC., Petitioner, v. ROMELIA REY, LIZA CABAD, EVANGELINE NICMIC, EVA LAMEYRA, ROSARIO ABORDAJE, LILYBETH MAGALANG, VENIA BUYAG, JAYNALYN NOLLEDO, IREN NICOLAS, AILEEN SAMALEA, SUSAN YBAÑEZ; CHERYL ANN ORIA, MA. LIZA SERASPI, KATHERINE ORACION, AND JEJ INTERNATIONAL MANPOWER SERVICES CORPORATION, Respondents.

  • G.R. No. 223290, November 07, 2016 - WOODROW B. CAMASO, Petitioner, v. TSM SHIPPING (PHILS), INC., UTKILEN, AND/OR JONES TULOD, Respondents.

  • G.R. No. 215047, November 23, 2016 - UNIVERSAL CANNING INC., MS. MA. LOURDES A. LOSARIA, PERSONNEL OFFICER, AND ENGR. ROGELIO A. DESOSA, PLANT MANAGER, Petitioners, v. COURT OF APPEALS AND DANTE SAROSAL, FRANCISCO DUMAGAL, JR., NELSON E. FRANCISCO, ELMER C. SAROMINES AND SAMUEL D. CORONEL, Respondents.

  • G.R. No. 219430, November 07, 2016 - JINKY S. STA. ISABEL, Petitioner, v. PERLA COMPAÑIA* DE SEGUROS, INC., Respondent.

  • G.R. No. 221897, November 07, 2016 - ISIDRO QUEBRAL, ALBERTO ESQUILLO, RENANTE SALINSAN, JEROME MACANDOG, EDGARDO GAYORGOR, JIM ROBERT PERFECTO, NOEL PERFECTO, DENNIS PAGAYON, AND HERCULANO MACANDOG Petitioners, v. ANGBUS CONSTRUCTION, INC. AND ANGELO BUSTAMANTE, Respondents.

  • G.R. No. 221465, November 16, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODELIO LOPEZ Y CAPULI, Accused-Appellant.

  • G.R. No. 160864, November 16, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. EDUARDO M. COJUANGCO, JR., Respondent.; G.R. No. 160897 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. EDUARDO M. COJUANGCO, JR., Respondent.

  • I.P.I. No. 15-227-CA-J, November 29, 2016 - RE: VERIFIED COMPLAINT DATED 17 NOVEMBER 2014 OF DOLORA CADIZ KHANNA AGAINST HON. EDGARDO L. DELOS SANTOS, HON. MARILYN B. LAGURA-YAP AND HON. JHOSEP Y. LOPEZ, ASSOCIATE JUSTICES, COURT OF APPEALS, JUDGE RONALD H. EXMUNDO, REGIONAL TRIAL COURT, BRANCH 4, KALIBO, AKLAN, JUDGE FRICIA C. GOMEZ-GUILLEN, BRANCH 15, METROPOLITAN TRIAL COURT, MANILA AND JUAN S. APOLINAR, SHERIFF III, BRANCH 17, METROPOLITAN TRIAL COURT, MANILA.

  • G.R. No. 202114, November 09, 2016 - ELMER A. APINES, Petitioner, v. ELBURG SHIPMANAGEMENT PHILIPPINES, INC., AND/OR DANILO F. VENIDA, Respondents.

  • G.R. No. 181007, November 21, 2016 - COMMISSIONER OF CUSTOMS, Petitioner, v. WILLIAM SINGSON AND TRITON SHIPPING CORPORATION, Respondents.

  • G.R. No. 213488, November 07, 2016 - TOYOTA PASIG, INC., Petitioner, v. VILMA S. DE PERALTA, Respondent.

  • G.R. No. 190667, November 07, 2016 - COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. SPOUSES JOSE R. BERNARDO AND LILIBETH R. BERNARDO, DOING BUSINESS UNDER THE NAME AND STYLE "JOLLY BEVERAGE ENTERPRISES," Respondents.

  • G.R. No. 194417, November 23, 2016 - HEIRS OF TEODORO CADELIÑA, REPRESENTED BY SOLEDAD CADIZ VDA. DE CADELIÑA, Petitioners, v. FRANCISCO CADIZ, CELESTINO DELA CRUZ, ANTONIO VICTORIA, HEIRS OF TELESFORO VILLAR REPRESENTED BY SAMUEL VILLAR, FRANCISCO VICTORIA AND MAGNO GANTE, Respondents; HON. JOSE C. REYES, JR., IN HIS CAPACITY AS PRESIDING JUSTICE, HON. NORMANDIE PIZARRO, IN HIS CAPACITY AS MEMBER, AND HON. RICARDO R. ROSARIO, IN HIS CAPACITY AS MEMBER OF THE COURT OF APPEALS SPECIAL FORMER THIRD DIVISION, Public Respondents.

  • G.R. No. 214772, November 21, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELSON SANTUILLE @ "BORDADO" @ ELTON SANTUILLE @ "BORDADO," Accused-Appellant.

  • G.R. No. 185082, November 28, 2016 - MANDAUE REALTY & RESOURCES CORPORATION AND MANDAUE CITY REGISTER OF DEEDS, Petitioners, v. THE COURT OF APPEALS AND BANGKO SENTRAL NG PILIPINAS, Respondents.

  • G.R. No. 161425, November 23, 2016 - ANIANO DESIERTO (SUBSTITUTED BY SIMEON V. MARCELO) AND MAUCENCIA ORDONEZ, Petitioners, v. RUTH EPISTOLA AND RODOLFO GAMIDO, Respondents.

  • G.R. No. 215759, November 28, 2016 - HEIRS OF ANDRES NAYA: TERESITA B. NAYA, NORMA N. ORBISO, CARMENCITA N. FERNAN, AND NARCISO P. NAYA, Petitioners, v. ORLANDO P. NAYA AND SPOUSES HONESIMO C. RUIZ AND GLORIA S. RUIZ, Respondents.

  • G.R. No. 200726, November 09, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. MATEO LAO, Respondent.

  • G.R. No. 188047, November 28, 2016 - LIGHT RAIL TRANSIT AUTHORITY, Petitioner, v. BIENVENIDO R. ALVAREZ, CARLOS S. VELASCO, ASCENCION A. GARGALICANO, MARLON E. AGUINALDO, PETRONILO T. LEGASPI, BONIFACIO A. ESTOPIA, ANDRE A. DELA MERCED, JOSE NOVIER D. BAYOT, ROLANDO AMAZONA AND MARLINO HERRERA, Respondents.

  • G.R. No. 197634, November 28, 2016 - JULIUS B. CAMPOL, Petitioner, v. MAYOR RONALD S. BALAO-AS AND VICE-MAYOR DOMINADOR I. SIANEN, Respondents.

  • G.R. No. 215640, November 28, 2016 - NESTOR CABRERA, Petitioner, v. ARNEL CLARIN AND WIFE; MILAGROS BARRIOS AND HUSBAND; AURORA SERAFIN AND HUSBAND; AND BONIFACIO MORENO AND WIFE, Respondents.

  • G.R. No. 215341, November 28, 2016 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARLON MANSON Y RESULTAY, Accused-Appellant.

  • G.R. No. 213453, November 29, 2016 - PHILIPPINE HEALTH INSURANCE CORPORATION, Petitioner, v. COMMISSION ON AUDIT, MA. GRACIA PULIDO TAN, CHAIRPERSON; AND JANET D. NACION, DIRECTOR IV, Respondents.

  • I.P.I. No. 16-241-CA-J, November 29, 2016 - CLEMENTE F. ATOC, Complainant, v. EDGARDO A. CAMELLO, OSCAR V. BADELLES AND PERPETUA T. ATAL-PAÑO, ASSOCIATE JUSTICES, COURT OF APPEALS, CAGAYAN DE ORO CITY. Respondents.

  • G.R. No. 210316, November 28, 2016 - THE SECURITIES AND EXCHANGE COMMISSION (SEC) CHAIRPERSON TERESITA J. HERBOSA, COMMISSIONER MA. JUANITA E. CUETO, COMMISIONER RAUL J. PALABRICA, COMMISSIONER MANUEL HUBERTO B. GAITE, COMMISIONER ELADIO M. JALA, AND THE SEC ENFORCEMENT AND PROSECUTION DEPARTMENT, Petitioners, v. CJH DEVELOPMENT CORPORATION AND CJH SUITES CORPORATION, HEREIN REPRESENTED BY ITS EXECUTIVE VICE-PRESIDENT AND CHIEF OPERATING OFFICER, ALFREDO R. YÑIGUEZ III, Respondents.

  • Decisions / Signed Resolutions

  • G.R. No. 217379, November 23, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO MARMOL Y BAUSO, JR., Accused-Appellant.

  • G.R. No. 182201, November 14, 2016 - UNIVERSAL INTERNATIONAL INVESTMENT (BVI) LIMITED, Petitioner, v. RAY BURTON DEVELOPMENT CORPORATION, Respondent.; G.R. No. 185815, November 14, 2016 - UNIVERSAL INTERNATIONAL INVESTMENT (BVI) LIMITED, Petitioner, v. RAY BURTON DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 210588, November 29, 2016 - SECRETARY OF FINANCE CESAR B. PURISIMA AND COMMISSIONER OF INTERNAL REVENUE KIM S. JACINTO-­HENARES, Petitioners, v. REPRESENTATIVE CARMELO F. LAZATIN AND ECOZONE PLASTIC ENTERPRISES CORPORATION, Respondents.

  • G.R. No. 201883, November 16, 2016 - SPOUSES DESIDERIO AND TERESA DOMINGO, Petitioners, v. SPOUSES EMMANUEL AND TITA MANZANO, FRANKLIN ESTABILLO, AND CARMELITA AQUINO, Respondents.

  • G.R. No. 209098, November 14, 2016 - JUAN B. HERNANDEZ, Petitioner, v. CROSSWORLD MARINE SERVICES, INC., MYKONOS SHIPPING CO., LTD., AND ELEAZAR DIAZ, Respondents.

  • G.R. No. 194412, November 16, 2016 - SAMSODEN PANGCATAN, Petitioner, v. ALEXANDRO "DODONG" MAGHUYOP AND BELINDO BANKIAO, Respondents.; G.R. No. 194566, November 16, 2016 - ALEXANDRO "DODONG" MAGHUYOP AND BELINDO BANKIAO, Petitioners, v. SAMSODEN PANGCATAN, Respondent.

  • G.R. No. 195834, November 09, 2016 - GUILLERMO SALVADOR, REMEDIOS CASTRO, REPRESENTED BY PAZ "CHIT" CASTRO, LEONILA GUEVARRA, FELIPE MARIANO, RICARDO DE GUZMAN, VIRGILIO JIMENEZ, REPRESENTED BY JOSIE JIMENEZ, ASUNCION JUAMIZ, ROLANDO BATANG, CARMENCITA SAMSON, AUGUSTO TORTOSA, REPRESENTED BY FERNANDO TORTOSA, SUSANA MORANTE, LUZVIMINDA BULARAN, LUZ OROZCO, JOSE SAPICO, LEONARDO PALAD, ABEL BAKING, REPRESENTED BY ABELINA BAKING, GRACIANO ARNALDO, REPRESENTED BY LUDY ARNALDO, JUDITH HIDALGO, AND IGMIDIO JUSTINIANO, CIRIACO MIJARES, REPRESENTED BY FREDEZWINDA MIJARES, JENNIFER MORANTE, TERESITA DIALA, AND ANITA P. SALAR, Petitioners, v. PATRICIA, INC., RESPONDENT. THE CITY OF MANILA AND CIRIACO C. MIJARES, Intervenors-Appellees.

  • G.R. No. 172539, November 16, 2016 - ALBERTO GARONG Y VILLANUEVA, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 200150, November 07, 2016 - CATHERINE CHING, LORENZO CHING, LAURENCE CHING, AND CHRISTINE CHING, Petitioners, v. QUEZON CITY SPORTS CLUB, INC.; MEMBERS OF THE BOARD OF DIRECTORS, NAMELY: ANTONIO T. CHUA, MARGARET MARY A. RODAS, ALEJANDRO G. YABUT, JR., ROBERT C. GAW, EDGARDO A. HO, ROMULO D. SALES, BIENVENIDO ALANO, AUGUSTO E. OROSA, AND THE FINANCE MANAGER, LOURDES RUTH M. LOPEZ, Respondents.

  • G.R. No. 221770, November 16, 2016 - NANITO Z. EVANGELISTA* (SUBSTITUTED BY HIS HEIRS, REPRESENTED BY THE SURVIVING SPOUSE, LEOVIGILDA C. EVANGELISTA), Petitioners, v. SPOUSES NEREO V. ANDOLONG III AND ERLINDA T. ANDOLONG** AND RINO AMUSEMENT INNOVATORS, INC., Respondents.

  • G.R. No. 217210, November 07, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. CAPITAL RESOURCES CORPORATION, ROMEO ROXAS, AND THE REGISTER OF DEEDS OF THE PROVINCE OF LA UNION, Respondents.

  • G.R. No. 216064, November 07, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO DACANAY Y TUMALABCAB, Accused-Appellant.

  • G.R. No. 207246, November 22, 2016 - JOSE M. ROY III, Petitioner, v. CHAIRPERSON TERESITA HERBOSA,THE SECURITIES AND EXCHANGE COMMISSION, AND PHILILIPPINE LONG DISTANCE TELEPHONE COMPANY, Respondents.; WILSON C. GAMBOA, JR., DANIEL V. CARTAGENA, JOHN WARREN P. GABINETE, ANTONIO V. PESINA, JR., MODESTO MARTIN Y. MAMON III, AND GERARDO C. EREBAREN, Petitioners-in-Intervention; PHILIPPINE STOCK EXCHANGE, INC., Respondent-in-Intervention; SHAREHOLDERS' ASSOCIATION OF THE PHILIPPINES, INC., Respondent-in-Intervention.

  • Decisions / Signed Resolutions

  • G.R. No. 211072, November 07, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. DEUTSCHE KNOWLEDGE SERVICES, PTE. LTD., Respondent.

  • G.R. No. 205035, November 16, 2016 - SPOUSES GEMINO C. MIANO, JR. AND JULIET MIANO, Petitioners, v. MANILA ELECTRIC COMPANY [MERALCO], Respondents.

  • A.M. No. MTJ-12-1813 (Formerly A.M. No. 12-5-42-METC), November 22, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JUDGE ELIZA B. YU, METROPOLITAN TRIAL COURT, BRANCH47, PASAY CITY, Respondent.; A.M. No. 12-1-09-METC - RE: LETTER DATED 21 JULY 2011 OF EXECUTIVE JUDGE BIBIANO G. COLASITO AND THREE (3) OTHER JUDGES OF THE METROPOLITAN TRIAL COURT, PASAY CITY, FOR THE SUSPENSION OR DETAIL TO ANOTHER STATION OF JUDGE ELIZA B. YU, BRANCH 47, SAME COURT.; A.M. No. MTJ-13-1836 (FORMERLY A.M. No. 11-11-115-METC) - RE: LETTER DATED MAY 2, 2011 OF HON. ELIZA B. YU, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY.; A.M. No. MTJ-12-1815 (FORMERLY OCA IPI No. 11-2401-MTJ) - LEILANI A. TEJERO-LOPEZ, Complainant, v. JUDGE ELIZA B. YU, BRANCH 47, METROPOLITAN TRIAL COURT, PASAY CITY, Respondent.; OCA IPI No. 11-2398-MTJ - JOSEFINA G. LABID, Complainant, v. JUDGE ELIZA B. YU,METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.; OCA IPI No. 11-2399-MTJ - AMOR V. ABAD, FROILAN ROBERT L. TOMAS, ROMER H. AVILES, EMELINA J. SAN MIGUEL, NORMAN D.S. GARCIA, MAXIMA SAYO AND DENNIS ECHEGOYEN, Complainants, v. HON. ELIZA B. YU, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.; OCA IPI No. 11-2378-MTJ - EXECUTIVE JUDGE BIBIANO G. COLASITO, VICE EXECUTIVE JUDGE BONIFACIO S. PASCUA, JUDGE RESTITUTO V. MANGALINDAN, JR. JUDGE CATHERINE P. MANODON, MIGUEL C. INFANTE (CLERK OF COURT IV, OCC-METC), RACQUEL C. DIANO (CLERK OF COURT III, METC, BRANCH 45), EMMA ANNIE D. ARAFILES (ASSISTANT CLERK OF COURT, OCC-METC), PEDRO C. DOCTOLERO, JR. (CLERK OF COURT III, METC, BRANCH 44), LYDIA T. CASAS (CLERK OF COURT III, METC, BRANCH 46), ELEANOR N. BAYOG (LEGAL RESEARCHER, METC, BRANCH 45), LEILANIE A. TEJERO ( LEGAL RESEARCHER, METC, BRANCH 46), ANA MARIA V. FRANCISCO (CASHIER I, OCC­ METC), SOLEDAD J. BASSIG (CLERK III, OCC-METC), MARISSA MASHHOOR RASTGOOY (RECORDS OFFICER, OCC-METC), MARIE LUZ M. OBIDA (ADMINISTRATIVE OFFICER, OCC-METC), VIRGINIA D. GALANG (RECORDS OFFICER I, OCC-METC), AUXENCIO JOSEPH CLEMENTE (CLERK OF COURT III, METC, BRANCH 48), EVELYN P. DEPALOBOS (LEGAL RESEARCHER, METC, BRANCH 44), MA. CECILIA GERTRUDES R. SALVADOR (LEGAL RESEARCHER, METC, BRANCH 48), JOSEPH B. PAMATMAT (CLERK III, OCC-METC), ZENAIDA N. GERONIMO (COURT STENOGRAPHER, OCC-METC), BENJIE V. ORE (PROCESS SERVER, OCC-METC), FORTUNATO E. DIEZMO (PROCESS SERVER, OCC-METC), NOMER B. VILLANUEVA (UTILITY WORKER, OCC-METC), ELSA D. GARNET (CLERK III, OCC­ METC), FATIMA V. ROJAS (CLERK III, OCC-METC), EDUARDO E. EBREO (SHERIFF III, METC, BRANCH 45), RONALYN T. ALMARVEZ (COURT STENOGRAPHER II, METC, BRANCH 45), MA. VICTORIA C. OCAMPO (COURT STENOGRAPHER II, METC, BRANCH 45), ELIZABETH LIPURA (CLERK III METC, BRANCH 45), MARY ANN J. CAYANAN (CLERK III, METC, BRANCH 45), MANOLO MANUEL E. GARCIA (PROCESS SERVER, METC, BRANCH 45), EDWINA A. JUROK (UTILITY WORKER, OCC-METC), ARMINA B. ALMONTE (CLERK III, OCC-METC), ELIZABETH G. VILLANUEVA (RECORDS OFFICER, METC, BRANCH 44), ERWIN RUSS B. RAGASA (SHERIFF III, METC, BRANCH 44), BIEN T. CAMBA (COURT STENOGRAPHER II, METC, BRANCH 44), MARLON M. SULIGAN (COURT STENOGRAPHER II, METC, BRANCH 44), CHANDA B. TOLENTINO (COURT STENOGRAPHER II, METC, BRANCH 44), FERDINAND R. MOLINA (COURT INTERPRETER, METC, BRANCH 44), PETRONILO C. PRIMACIO, JR. (PROCESS SERVER, METC, BRANCH 45), EDWARD ERIC SANTOS (UTILITY WORKER, METC, BRANCH 45), EMILIO P. DOMINE (UTILITY WORKER, METC, BRANCH 45), ARNOLD P. OBIAL (UTILITY WORKER, METC, BRANCH 44), RICARDO E. LAMPITOC (SHERIFF III, METC, BRANCH 46), JEROME H. AVILES (COURT STENOGRAPHER II, METC, BRANCH 46), ANA LEA M. ESTACIO (COURT STENOGRAPHER II, METC, BRANCH 46), LANIE F. AGUINALDO (CLERK III, METC, BRANCH 44), JASMINE L. LINDAIN (CLERK III, METC, BRANCH 44), RONALDO S. QUIJANO (PROCESS SERVER, METC, BRANCH 44), DOMINGO H. HOCOSOL (UTILITY WORKER, METC, BRANCH 48), EDWIN P. UBANA (SHERIFF III, METC, BRANCH 48), MARVIN O. BALICUATRO (COURT STENOGRAPHER II, METC, BRANCH 48), MA. LUZ D. DIONISIO (COURT STENOGRAPHER II, METC, BRANCH 48), MARIBEL A. MOLINA (COURT STENOGRAPHER II, METC, BRANCH 48), CRISTINA E. LAMPITOC (COURT STENOGRAPHER II, METC, BRANCH 46), MELANIE DC BEGASA (CLERK III, METC, BRANCH 46), EVANGELINE M. CHING (CLERK III, METC, BRANCH 46), LAWRENCE D. PEREZ (PROCESS SERVER, METC, BRANCH 46), EDMUNDO VERGARA (UTILITY WORKER, METC, BRANCH 46), AMOR V. ABAD (COURT INTERPRETER, METC, BRANCH 47), ROMER H. AVILES (COURT STENOGRAPHER II, METC, BRANCH 47), FROILAN ROBERT L. TOMAS (COURT STENOGRAPHER II, METC, BRANCH 47), MAXIMA C. SAYO (PROCESS SERVER, BRANCH 47), SEVILLA B. DEL CASTILLO (COURT INTERPRETER, METC, BRANCH 48), AIDA JOSEFINA IGNACIO (CLERK III, METC, BRANCH 48), BENIGNO A. MARZAN (CLERK III, METC, BRANCH 48), KARLA MAE R. PACUNAYEN (CLERK III, METC, BRANCH 48), IGNACIO M. GONZALES (PROCESS SERVER, METC, BRANCH 48), EMELINA J. SAN MIGUEL (RECORDS OFFICER, OCC, DETAILED AT BRANCH 47), DENNIS M. ECHEGOYEN (SHERIFF III, OCC-METC), NORMAN GARCIA (SHERIFF III, METC, BRANCH 47), NOEL G. LABID (UTILITY WORKER I, BRANCH 47), Complainant, v. HON. ELIZA B. YU, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.; OCA IPI No. 12-2456-MTJ - JUDGE BIBIANO G. COLASITO, JUDGE BONIFACIO S. PASCUA, JUDGE RESTITUTO V. MANGALINDAN, JR. AND CLERK OF COURT MIGUEL C. INFANTE, Complainants, v. HON. ELIZA B. YU, PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.; A.M. No. MTJ-13-1821 - JUDGE EMILY L. SAN GASPAR-GITO, METROPOLITAN TRIAL COURT, BRANCH 20, MANILA, Complainant, v. JUDGE ELIZA B. YU, METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY, Respondent.

  • G.R. No. 219510, November 04, 2016 - MARLON CURAMMENG Y PABLO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 207315, November 23, 2016 - INTERADENT ZAHNTECHNIK PHILIPPINES, INC., BERNARDINO G. BANTEGUI, JR. AND SONIA J. GRANDEA, Petitioners, v. REBECCA F. SIMBILLO, Respondent.

  • G.R. No. 204422, November 21, 2016 - JESUS B. VILLAMOR, Petitioner, v. EMPLOYEES' COMPENSATION COMMISSION [ECC] AND SOCIAL SECURITY SYSTEM, Respondents.

  • G.R. No. 215943, November 16, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. RANDY CLOMA Y CABANA, Appellant.

  • G.R. No. 204280, November 09, 2016 - EVELYN V. RUIZ, Petitioner, v. BERNARDO F. DIMAILIG, Respondent.

  • G.R. No. 193816, November 21, 2016 - ERSON ANG LEE DOING BUSINESS AS "SUPER LAMINATION SERVICES," Petitioner, v. SAMAHANG MANGGAGAWA NG SUPER LAMINATION (SMSLS­-NAFLU-KMU), Respondent.

  • G.R. No. 184841, November 21, 2016 - GERINO YUKIT, DANILO REYES, RODRIGO S. SUMILANG, LEODEGARIO O. ROSALES, MARIO MELARPIS,1 MARCELO R. OCAN, DENNIS V. BATHAN, BERNARDO S. MAGNAYE, LORENZO U. MARTINEZ, ANTONIO M. LADERES, SOFIO DE LOS REYES BAON, MARIO R. MIGUEL, RODOLFO S. LEOPANDO, EDGARDO N. MACALLA, JR., MARIANO REYES, ALEJANDRO CUETO, VIRGILIO RINGOR AND JASON R. BARTE, Petitioner, v. TRITRAN, INC., JOSE C. ALVAREZ, JEHU C. SEBASTIAN, AND JAM TRANSIT INC., Respondents.

  • G.R. No. 169967, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, ALMEDO LOPEZ, AND RUSTOM ALEJANDRINO, Petitioners, v. IBM LOCAL I, REGNER SANGALANG AND ROLANDO NACPIL, Respondents.; G.R. No. 176074, November 23, 2016 - REGNER A. SANGALANG AND ROLANDO V. NACPIL, Petitioners, v. COCA-COLA BOTTLERS PHILS., INC. (CCBPI), EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Respondents.; G.R. No. 176205, November 23, 2016 - COCA-COLA BOTTLERS PHILS., INC., EMMANUEL CURA, ANGEL LABAO, AND RUSTOM ALEJANDRINO, Petitioners, v. REGNER A. SANGALANG AND ROLANDO NACPIL, Respondents.

  • A.M. No. P-15-3368 [Formerly A.M. No. 15-04-39-MTC], November 08, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. EVANGELINE E. PANGANIBAN, CLERK OF COURT II, MUNICIPAL TRIAL COURT (MTC), BALAYAN, BATANGAS, Respondent.

  • G.R. No. 202639, November 09, 2016 - FEDERATED LPG DEALERS ASSOCIATION, Petitioner, v. MA. CRISTINA L. DEL ROSARIO, CELSO E.ESCOBIDO II, SHIELA M. ESCOBIDO, AND RESTY P. CAPILI, Respondents.

  • G.R. No. 182944, November 09, 2016 - DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), REPRESENTED BY SEC. HERMOGENES E. EBDANE, JR, AND METROPOLITAN MANILA DEVELOPMENT AUTHORITY, REPRESENTED BY CHAIRMAN BAYANI F. FERNANDO, Petitioners, v. CITY ADVERTISING VENTURES CORPORATION, REPRESENTED BY DEXTER Y. LIM, Respondent.

  • G.R. No. 203284, November 14, 2016 - NICOLAS S. MATUDAN, Petitioner, v. REPUBLIC OF THE PHILIPPINES AND MARILYN** B. MATUDAN, Respondents.

  • G.R. No. 203770, November 23, 2016 - MANUELA AZUCENA MAYOR, Petitioner, v. EDWIN TIU AND DAMIANA CHARITO MARTY, Respondents.

  • A.C. No. 9880, November 28, 2016 - WILSON CHUA, Complainant, v. ATTY. DIOSDADO B. JIMENEZ, Respondent.

  • G.R. No. 177250, November 28, 2016 - ROSITA B. LIM, ON HER BEHALF AND ON BEHALF OF HER (THEN) MINOR CHILDREN NAMELY, JENNIFER, LYSANDER AND BEVERLIE, Petitioners, v. LUIS TAN, ALFONSO TAN, EUSEBIO TAN, WILLIAM TAN, VICENTE TAN, JOAQUIN TAN, ANG TIAT CHUAN, Respondents.; G.R. No. 177422 - LUIS TAN, ALFONSO TAN, EUSEBIO TAN, WILLIAM TAN, VICENTE TAN, JOAQUIN TAN, ANG TIAT CHUAN, Petitioners, v. ROSITA B. LIM, ON HER BEHALF AND ON BEHALF OF HER (THEN) MINOR CHILDREN NAMELY, JENNIFER, LYSANDER AND BEVERLIE, Respondents.; G.R. No. 177676 - ANG TIAT CHUAN, Petitioner, v. ROSITA B. LIM, ON HER BEHALF AND ON BEHALF OF HER (THEN) MINOR CHILDREN NAMELY, JENNIFER, LYSANDER AND BEVERLIE, Respondents.

  • G.R. No. 220629, November 23, 2016 - GENARO G. CALIMLIM, Petitioner, v. WALLEM MARITIME SERVICES, INC., WALLEM GMBH & CO. KG AND MR. REGINALDO OBEN, Respondents.

  • G.R. No. 222407, November 23, 2016 - WHITE MARKETING DEVELOPMENT CORPORATION, Petitioner, v. GRANDWOOD FURNITURE & WOODWORK, INC., Respondent.

  • G.R. No. 204736, November 28, 2016 - MANULIFE PHILIPPINES, INC., Petitioners, v. HERMENEGILDA YBAÑEZ, Respondent.

  • G.R. No. 205972, November 09, 2016 - CATERPILLAR, INC., Petitioner, v. MANOLO P. SAMSON, Respondent.; G.R. NO. 164352, November 09, 2016 - CATERPILLAR, INC., Petitioner, v. MANOLO P. SAMSON, Respondent.

  • G.R. No. 223625, November 22, 2016 - NATIONAL TRANSMISSION CORPORATION, Petitioner, v. COMMISSION ON AUDIT (COA) AND COA CHAIRPERSON MICHAEL G. AGUINALDO, Respondents.

  • G.R. No. 220333, November 14, 2016 - ANTONIO GAMBOA Y DELOS SANTOS, Petitioner, v. PEOPLE OF PHILIPPINES, Respondent.

  • G.R. Nos. 181912 & 183347, November 29, 2016 - RAMON M. ALFONSO, Petitioner, v. LAND BANK OF THE PHILIPPINES AND DEPARTMENT OF AGRARIAN REFORM, Respondents.

  • G.R. No. 197191, November 21, 2016 - OASIS PARK HOTEL, Petitioner, v. LESLEE G. NAVALUNA, AMIE M. TUBELLEJA, JOAN REODIQUE, JOCELYN ORENCIADA, ELLAINE B. VILLAGOMEZ, OLIVIA E. AMASOLA AND JONA MAE COSTELO, Respondents.

  • G.R. No. 198664, November 23, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. OWEN MARCELO CAGALINGAN AND BEATRIZ B. CAGALINGAN, Accused-Appellants.

  • G.R. No. 227146, November 14, 2016 - RADIOWEALTH FINANCE COMPANY, INC., Petitioner, v. ROMEO T. NOLASCO AND REYNALDO T. NOLASCO, Respondents.

  • G.R. No. 218980, November 28, 2016 - PHILIPPINE AUTO COMPONENTS, INC., Petitioner, v. RONNIE B. JUMADLA, ROY A. ARIZ AND ROY T. CONEJOS, Respondents.; G.R. No. 219124 - RONNIE B. JUMADLA, ROY A. ARIZ AND ROY T. CONEJOS, Petitioners, v. PHILIPPINE AUTO COMPONENTS, INC., Respondent.

  • G.R. No. 189077, November 16, 2016 - LINA M. BERNARDO, Petitioner, v. HONORABLE COURT OF APPEALS (FORMER FOURTH DIVISION) AND PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 215937, November 09, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GENER VILLAR Y POJA, Accused-Appellants.

  • G.R. No. 207500, November 14, 2016 - EFREN S. QUESADA, PETER CHUA, ARTURO B. PEREJAS, ERLINDA ESCOTA, CRISANTO H. LIM, VASQUEZ BUILDING SYSTEMS CORPORATION, LION GRANITE CONSTRUCTION SUPPLY CORPORATION, NELLIE M. MARIVELES, ALEJANDRO V. VARDELEON III, ANGELITA P. ROQUE, DAVID LU, J.A.O. BUILDERS & DEVELOPMENT CORPORATION, Petitioners, v. BONANZA RESTAURANTS, INC., Respondent.

  • G.R. No. 205148, November 16, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. RAMIL PRUDENCIO Y BAJAMONDE, Appellant.

  • G.R. No. 203293, November 14, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. MARDAN AMERIL, Appellant.

  • G.R. No. 177387, November 09, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SECRETARY OF JUSTICE, AND PHILIPPINE AMUSEMENT AND GAMING CORPORATION, Respondents.

  • G.R. No. 215957, November 09, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. FITNESS BY DESIGN, INC., Respondent

  • G.R. No. 216600, November 21, 2016 - FEDERAL EXPRESS CORPORATION AND RHICKE S. JENNINGS, Petitioners, v. AIRFREIGHT 2100, INC. AND ALBERTO D. LINA, Respondents.

  • G.R. No. 193618, November 28, 2016 - HEIRS OF LEOPOLDO DELFIN AND SOLEDAD DELFIN, NAMELY EMELITA D. FABRIGAR AND LEONILO C. DELFIN, Petitioners, v. NATIONAL HOUSING AUTHORITY, Respondent.

  • G.R. No. 204197, November 23, 2016 - FRUEHAUF ELECTRONICS PHILIPPINES CORPORATION, Petitioner, v. TECHNOLOGY ELECTRONICS ASSEMBLY AND MANAGEMENT PACIFIC CORPORATION, Respondent.

  • G.R. No. 223506, November 28, 2016 - GARRY V. INACAY, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 196596, November 09, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. DE LA SALLE UNIVERSITY, INC., Respondent.; G.R. No. 198841 - DE LA SALLE UNIVERSITY INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE,Respondent.; G.R. No. 198941 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. DE LA SALLE UNIVERSITY, INC., Respondent.

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    G.R. Nos. 209415-17, November 15, 2016 - JOCELYN

      G.R. Nos. 209415-17, November 15, 2016 - JOCELYN "JOY" LIM-BUNGCARAS, Petitioner, v. COMMISSION ON ELECTIONS (COMELEC) AND RICO RENTUZA, Respondents.; HERMENEGILDO S. CASTIL, Petitioner, v. COMMISSION ON ELECTIONS (COMELEC) AND RACHEL B. AVENDULA, Respondents.; JESUS AVENDULA, JR., DOMINGO RAMADA, JR. AND VICTOR RAMADA, Petitioners, v. COMMISSION ON ELECTIONS (COMELEC), MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA O. MALUBAY AND BELEN G. BUNGCAG, Respondents.; G.R. No. 210002 - ALDRIN B. PAMAOS, Petitioner, v. COMMISSION ON ELECTIONS, MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA O. MALUBAY AND BELEN G. BUNGCAG, Respondent.

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    G.R. Nos. 209415-17, November 15, 2016

    JOCELYN "JOY" LIM-BUNGCARAS, Petitioner, v. COMMISSION ON ELECTIONS (COMELEC) AND RICO RENTUZA, Respondents.

    HERMENEGILDO S. CASTIL
    , Petitioner, v. COMMISSION ON ELECTIONS (COMELEC) AND RACHEL B. AVENDULA, Respondents.

    JESUS AVENDULA, JR., DOMINGO RAMADA, JR. AND VICTOR RAMADA
    , Petitioners, v. COMMISSION ON ELECTIONS (COMELEC), MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA O. MALUBAY AND BELEN G. BUNGCAG, Respondents.

    G.R. No. 210002

    ALDRIN B. PAMAOS
    , Petitioner, v. COMMISSION ON ELECTIONS, MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA O. MALUBAY AND BELEN G. BUNGCAG, Respondent.

    D E C I S I O N

    LEONARDO-DE CASTRO, J.:

    The consolidated petitions before this Court are offshoots of related election protest cases first instituted before the Regional Trial Court (RTC) of San Juan, Southern Leyte, Branch 26.

    These petitions for certiorari1 were filed under Rule 64 in relation to Rule 65 of the Rules of Court, assailing (a) the three Orders2 dated February 1, 2011 of the Commission on Elections (COMELEC) First Division; and (b) the Resolution3 dated September 6, 2013 of the COMELEC En Banc in EAC (AE) Nos. A-57-2010, A-58-2010, and A-59-2010.

    In G.R. Nos. 209415-17, the petitioners are Jocelyn "Joy" Lim­-Bungcaras, Hermenegildo S. Castil, Jesus Avendula, Jr., Domingo Ramada, Jr., and Victor Ramada. The private respondents therein are Rico C. Rentuza, Rachel B. Avendula, Manuel O. Calapre, Saturnine V. Cinco, Fernan V. Salas, Antonio Dalugdugan, Federico C. Japon, Santiago M. Santiago, Jacinta O. Malubay, and Belen G. Bungcag. In G.R. No. 210002, Aldrin B. Pamaos is the lone petitioner against private respondents Calapre, Cinco, Salas, Dalugdugan, Japon, Santiago, Malubay, and Bungcag.

    During the May 10, 2010 Automated Elections, the petitioners and private respondents vied for the local elective positions in the municipality of Saint Bernard, Southern Leyte.

    Respondent Rentuza was proclaimed the winner for the mayoralty position over petitioner Lim-Bungcaras; while for the position of Vice Mayor, respondent Avendula was proclaimed the winner over petitioner Castil. For the members of the Sangguniang Bayan, private respondents Calapre, Cinco, Salas, Dalugdugan, Japon, Santiago, Malubay, and Bungcag were declared winners as they received the eight highest numbers of votes. Petitioners Pamaos, Avendula, Domingo Ramada, Jr. and Victor Ramada, were candidates for positions in the Sangguniang Bayan who got the lower numbers of votes.

    The petitioners contested the election results before the RTC of San Juan, Southern Leyte. The election protest of petitioner Lim-Bungcaras was docketed as Election Protest No. 2010-01,4 while the election protest of petitioner Castil was docketed as Election Protest No. 2010-02.5 The joint election protest of petitioners Pamaos, Avendula, Domingo Ramada, Jr., and Victor Ramada was docketed as Election Protest No. 2010-03.6chanrobleslaw

    The Judgment of the RTC

    After the submission of the private respondents' Verified Answer with Compulsory Counterclaim,7 the conduct of a preliminary conference and trial on the merits of the case, the RTC rendered a Consolidated Decision8dated November 17, 2010, whereby it decreed:ChanRoblesVirtualawlibrary

    WHEREFORE, in light of all the foregoing findings, JUDGMENT is hereby rendered DECLARING:
    1. Protestee, Rico C. Rentuza, winner over Protestant, Jocelyn Lim­-B[u]ngcaras, for the position of Municipal Mayor of St. Bernard, Southern Leyte;

    2. Protestee, Rachel B. Avendula winner over Protestant Hermenegildo S. Castil for the position of Vice-Mayor of the same Municipality;
    3. Protestees, Manu[e]l O. Calapre, Satumino V. Cinco, Fernan V. Salas, Antonio C. Dalugdugan, Federico C. Japon, Santiago M. Santiago, Jacinta O. Malubay and Belen G. Bungcag winners over Protestants Adrin B. Pamaos, Jesus R. Avendula, Jr., Domingo G. Ramada, Jr., and Victor C. Ramada for the positions of Sangguniang Bayan Members of the same Municipality.
    Consequently, the three (3) election protests are all DISMISSED with costs against the protestants.

    ACCORDINGLY, the counterclaims of the protestees are GRANTED by ORDERING:
    1. Protestant, JOCELYN "JOY" LIM-BUNGCARAS to pay RICO C. RENTUZA moral damages in the amount of Php400,000.00 and attorney's fees of Php150,000.00;

    2. Protestant, HERMENEGILDO S. CASTIL to pay Protestee, RACHEL V. AVENDULA moral damages in the amount of Php400,000.00 and attorney's fees of Php150,000.00; and cralawlawlibrary

    3. Protestants, JESUS R. AVENDULA, JR., ALDRIN B. PAMAOS, DOMINGO RAMADA, JR., and VICTOR RAMADA to pay jointly and severally (in solidum) Protestees, MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO C. DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA  O. MALUBAY, and BELEN G. BUNGCAG moral damages of Php400,000.00 for each of them and attorney's fees of Php150,000.00.9
    Having received the above decision on the same day of its promulgation, petitioners Lim-Bungcaras, Castil, Avendula, Domingo Ramada, Jr., and Victor Ramada jointly filed a Notice of Appeal10 before the RTC and paid the appeal fee on November 22, 2010.

    Petitioner Pamaos filed his Notice of Appeal and paid P1,020.00 as appeal fee to the RTC on November 23, 2010 as he allegedly received the trial court's judgment only on November 18, 2010.11chanrobleslaw

    The RTC granted due course to the petitioners' appeals.12chanrobleslaw

    The Rulings of the COMELEC

    Before the COMELEC First Division, the appeal of petitioner Lim-­Bungcaras was docketed as EAC (AE) No. A-57-2010, while the appeal of petitioner Castil was docketed as EAC (AE) No. A-58-2010. The appeal of petitioners Pamaos, Avendula, Domingo Ramada, Jr., and Victor Ramada, was docketed as EAC (AE) No. A-59-2010.

    On December 7, 2010, all the petitioners manifested that they paid an appeal fee of P3,550.00 to the COMELEC Electoral Contests Adjudication Department (ECAD) by postal money order.13chanrobleslaw

    On February 1, 2011, the COMELEC First Division issued three separate but similarly worded Orders14 in EAC (AE) Nos. A-57-2010, A-58-2010, and A-57-2010 that dismissed the petitioners' appeals for failure to pay the appeal fee payable to the COMELEC within the reglementary period. The COMELEC reasoned that:ChanRoblesVirtualawlibrary
    Section 4, Rule 40 of the Comelec Rules of Procedure mandates the payment of the appeal fee within the period to file the notice of appeal or five (5) days from receipt of the decision sought to be appealed, while Sec. 9, Rule 22 of the same Rules provides that failure to pay the appeal fee is a ground for the dismissal of the appeal. These provisions were reinforced by the ruling of the Supreme Court in the case of Divinagracia vs. Comelec (G.R. Nos. 186007 & 186016) promulgated on 27 July 2009. The Ruling declared that for notices of appeal filed after its promulgation, errors in the matters of non-payment or incomplete payment of appeal fees in the court a quo and the Commission on Elections are no longer excusable. (Emphasis supplied.)
    In EAC (AE) No. A-57-2010, the COMELEC First Division noted that petitioner Lim-Bungcaras timely filed a Notice of Appeal and paid the required appeal fee to the RTC on November 22, 2010. Anent the appeal fee payable to the COMELEC, the First Division found that Lim-Bungcaras paid the same through postal money order on December 7, 2010 but the payment was said to be fifteen (15) days late from the last day of the reglementary period for the filing of the appea1.15chanrobleslaw

    In EAC (AE) No. A-58-2010, the COMELEC First Division observed that petitioner Castil also timely filed a Notice of Appeal and paid the appeal fee to the RTC on November 22, 2010; however, he failed to tender to the COMELEC the appeal fee.16chanrobleslaw

    Lastly, in EAC (AE) No. A-59-2010, the COMELEC First Division ruled that petitioners Pamaos, Avendula, Domingo Ramada, Jr. and Victor Ramada likewise timely filed their notices of appeal and paid the appeal fee to the RTC. As to their payment of the COMELEC appeal fee, the First Division noted that only petitioner Pamaos paid the same on December 7, 2010, which payment, however, was beyond the reglementary period. Petitioners Avendula, Domingo Ramada, Jr. and Victor Ramada allegedly failed to pay the said fee to the COMELEC.17chanrobleslaw

    Seeking the reversal of the above orders before the COMELEC En Banc, petitioners Lim-Bungcaras, Castil, Avendula, Domingo Ramada, Jr., and Victor Ramada filed their Joint Motion for Reconsideration,18 while petitioner Pamaos filed his own Motion for Reconsideration.19chanrobleslaw

    The motions were, however, denied by the COMELEC En Banc in its assailed Resolution dated September 6, 2013. The COMELEC En Banc ruled that the motions had been rendered moot given that the terms of the contested offices already expired on June 30, 2013. As such, a decision on the motions would no longer serve any useful purpose.20chanrobleslaw

    On September 9, 2013, the COMELEC ECAD issued an Entry of Judgment21 pursuant to the above resolution.

    The Petitions

    Still not conceding their defeat, petitioners Lim-Bungcaras, Castil, Avendula, Domingo Ramada, Jr., and Victor Ramada filed a petition for certiorari with this Court, which was docketed as G.R. Nos. 209415-17. Petitioner Pamaos filed his own petition for certiorari, which was docketed as G.R. No. 210002.22 Subsequently, the Court ordered the consolidation of the instant petitions in a Resolution dated February 24, 2015.23chanrobleslaw

    Essentially, the consolidated petitions assail the Orders dated February 1, 2011 of the COMELEC First Division as the petitioners herein insist that they duly perfected their appeals within the reglementary periods required by law. They alleged that they paid the appeal fee of P3,550.00 to the COMELEC through postal money order on December 7, 2010 - well within fifteen (15) days from the filing of their notices of appeal to the RTC pursuant to COMELEC Resolution No. 8486. Similarly, the petitioners impugn the Resolution dated September 6, 2013 of the COMELEC En Banc, which declared their appeal moot. They argue that the tribunal overlooked the fact that petitioners also challenged in their appeal before the RTC the imposition of allegedly exorbitant damages in favor of private respondents without any factual or legal basis.24chanrobleslaw

    On the other hand, private respondents averred that the COMELEC En Banc did not commit grave abuse of discretion in denying petitioners' motion for reconsideration as the reliefs prayed for by petitioners lacked merit. Said reliefs were allegedly anchored on the petitioners' rights to the respective positions of Mayor, Vice-Mayor and Sangguniang Bayan of Saint Bernard, Southern Leyte and the same can no longer be granted in view of the expiration of the terms of office of the private respondents on June 30, 2013. Moreover, the petitioners' allegations of fraud and irregularities were said to be mere fabrications, which makes them liable for moral damages and attorney's fees.

    In both petitions, the COMELEC countered that the petitioners paid the COMELEC appeal fee beyond the reglementary period for doing so. According to the COMELEC, a party who desires to appeal the trial court's decision in an election contest must file a notice of appeal and pay the appeal fee of P1,000.00 with said court within five days from the promulgation of the decision. Also, the aggrieved party is mandated to pay the COMELEC appeal fee of P3,000.00 under Section 3, Rule 40 of the COMELEC Rules of Procedure, as amended by COMELEC Resolution No. 02-130. The COMELEC points out that this fee shall be deposited with the COMELEC Cash Division within the period to file the notice of appeal, i.e., within five days after the promulgation of the RTC decision, pursuant to Section 4, Rule 40 of the COMELEC Rules of Procedure.25cralawredchanrobleslaw

    The COMELEC argued that the petitioners erroneously relied on COMELEC Resolution No. 8486, which provided that an appellant has a period of 15 days from the filing of the notice of appeal with the trial court within which to pay the COMELEC appeal fee. The COMELEC pointed out that the applicability of said resolution had been clarified in Divinagracia v. Commission on Elections,26 where the Court supposedly ruled that COMELEC Resolution No. 8486 applies only to notices of appeal filed on or before July 27, 2009, which is the date of promulgation of the said case. The COMELEC insists that for notices of appeal filed after July 27, 2009, the applicable law is Section 4, Rule 40 in relation to Section 3, Rule 22 of the COMELEC Rules of Procedure. Thus, the petitioners should have paid the COMELEC appeal fee within five days from the promulgation of the RTC Consolidated Decision dated November 17, 2010.27chanrobleslaw

    Additionally, in G.R. No. 210002, the COMELEC alleged that the expiration of the term of the contested positions renders an election protest moot and academic.28chanrobleslaw

    The resolution of the instant case, therefore, hinges on the determination of the following issues: first, whether the petitioners perfected their appeals by timely paying the required appeal fees; and second, whether the issues raised by the petitioners in their motions for reconsideration before the COMELEC En Banc had already been rendered moot by the expiration of the terms of the contested offices.

    The Decision of the Court

    The petitions are meritorious. The COMELEC First Division erred in dismissing the petitioners' appeals, while the COMELEC En Banc erred in denying the petitioners' motions for reconsideration.

    I. The Perfection of the Petitioners' Appeals

    At the outset, the Court notes that the COMELEC erroneously cited A.M. No. 07-4-15-SC29 as the applicable rules in the instant cases. Said rules, which took effect on May 15, 2007, laid down the procedure for election contests and quo warranto cases involving municipal and barangay officials that are initiated in the trial courts. The same supplanted Rule 35 ("Election Contests Before Courts of General Jurisdiction") and Rule 36 ("Quo Warranto Case Before Courts of General Jurisdiction") of the 1993 COMELEC Rules of Procedure.30chanrobleslaw

    However, for the May 10, 2010 Automated Elections, the Court approved on April 27, 2010 A.M. No. 10-4-1-SC, the 2010 Rules of Procedure in Election Contests before the Courts Involving Elective Municipal Officials. For municipal election contests, A.M. No. 10-4-1-SC superseded A.M. No. 07-4-15-SC.31chanrobleslaw

    To appeal the trial court's decision in a municipal election contest, Sections 8 and 9, Rule 14 of A.M. No. 10-4-1-SC require the filing of a notice of appeal and the simultaneous payment of a 1,000.00 appeal fee to the trial court that rendered judgment. Thus -
    SEC. 8. Appeal. - An aggrieved party may appeal the decision to the COMELEC within five (5) days after promulgation, by filing a notice of appeal with the court that rendered the decision, with copy served on the adverse counsel or on the adverse party who is not represented by counsel.

    SEC. 9. Appeal fee. - The appellant in an election contest shall pay to the court that rendered the decision an appeal fee of One Thousand Pesos (P1,000.00), simultaneously with the filing of the notice of appeal. (Emphasis supplied.)
    With respect to the payment of the COMELEC appeal fee, an appellant is also required to pay an additional amount of P3,200.00 under Section 3, Rule 40 of the COMELEC Rules of Procedure, as amended by COMELEC Minute Resolution No. 02-0130,32 to wit:ChanRoblesVirtualawlibrary
    SEC. 3. Appeal Fees. - The appellant in election cases shall pay an appeal fee as follows:

    chanRoblesvirtualLawlibrary
    (a) For election cases appealed from Regional Trial Courts..........P3,000.00 (per appellant)
       
    (b) For election cases appealed from courts of limited jurisdiction.....P3,000.00 (per appellant)
    Formerly, under Section 4, Rule 40 of the COMELEC Rules of Procedure, the appeal fee payable to the COMELEC "shall be paid to, and deposited with, the Cash Division of the Commission within a period to file the notice of appeal." Said period refers to the period stated in Section 3, Rule 2233 of the aforesaid Rules, which is within five days after the promulgation of the decision of the court. The promulgation of the decision is understood to mean the receipt by a party of a copy of the decision.34chanrobleslaw

    Thereafter, on July 15, 2008, the COMELEC promulgated COMELEC Resolution No. 8486 in order to clarify the implementation of the rules on the required appeal fees for the perfection of the appeals of election cases decided by the trial courts. Said resolution states:ChanRoblesVirtualawlibrary
    WHEREAS, the Commission on Elections is vested with appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, and those involving elective barangay officials, decided by trial courts of limited jurisdiction;

    WHEREAS, Supreme Court Administrative Order No. 07-4-15 (Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal and Barangay Officials) promulgated on May 15, 2007 provides in Sections 8 and 9, Rule 14 thereof the procedure for instituting the appeal and the required appeal fees to be paid for the appeal to be given due course, to wit:

    chanRoblesvirtualLawlibrary"Section 8. Appeal. - An aggrieved party may appeal the decision to the Commission on Elections, within five days after promulgation, by filing a notice of appeal with the court that rendered the decision, with copy served on the adverse counsel or party if not represented by counsel."

    "Section 9. Appeal Fee. - The appellant in an election contest shall pay to the court that rendered the decision an appeal fee of One Thousand Pesos (P1,000.00), simultaneously with the filing of the notice of appeal."

    WHEREAS, payment of appeal fees in appealed election protest cases is also required in Section 3, Rule 40 of the COMELEC Rules of Procedure the amended amount of which was set at P3,200.00 in COMELEC Minute Resolution No. 02-0130 made effective on September 18, 2002.

    WHEREAS, the requirement of these two appeal fees by two different jurisdictions had caused confusion in the implementation by the Commission on Elections of its procedural rules on payment of appeal fees for the perfection of appeals of cases brought before it from the Courts of General and Limited Jurisdictions.

    WHEREAS, there is a need to clarify the rules on compliance with the required appeal fees for the proper and judicious exercise of the Commission's appellate jurisdiction over election protest cases.

    WHEREFORE, in view of the foregoing, the Commission hereby RESOLVES to DIRECT as follows:

    chanRoblesvirtualLawlibrary1. That if the appellant had already paid the amount of P1,000.00 before the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court or lower courts within the five-day period, pursuant to Section 9, Rule 14 of the Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal and Barangay Officials (Supreme Court Administrative Order No. 07-4-15) and his Appeal was given due course by the Court, said appellant is required to pay the Comelec appeal fee of P3,200.00 at the Commission's Cash Division through the Electoral Contests Adjudication Department (ECAD) or by postal money order payable to the Commission on Elections through ECAD, within a period of fifteen days (15) from the time of the filing of the Notice of Appeal with the lower court. If no payment is made within the prescribed period, the appeal shall be dismissed pursuant to Section 9(a) of Rule 22 of the COMELEC Rules of Procedure, which provides:

    chanRoblesvirtualLawlibrary"Sec. 9. Grounds for Dismissal of Appeal. The appeal may be dismissed upon motion of either party or at the instance of the Commission on any of the following grounds:

    chanRoblesvirtualLawlibrary(a) Failure of the appellant to pay the correct appeal fee; x x x"

    2. That if the appellant failed to pay the P1,000.00 appeal fee with the lower court within the five (5) day period as prescribed by the Supreme Court New Rules of Procedure but the case was nonetheless elevated to the Commission, the appeal shall be dismissed outright by the Commission, in accordance with the aforestated Section 9(a) of Rule 22 of the Comelec Rules of Procedure. (Emphases supplied.)
    Plainly, COMELEC Resolution No. 8486 allows an appellant to pay the COMELEC appeal fee at the COMELEC's Cash Division through the ECAD or by postal money order payable to the COMELEC within a period of 15 days from the time of the filing of the notice of appeal in the trial court. COMELEC Resolution No. 8486, for all intents and purposes, extended the period provided for the filing of the COMELEC appeal fee under Section 4, Rule 40 in relation to Section 3, Rule 22 of the COMELEC Rules of Procedure. Thus, in Batalla v. Commission on Elections,35 the Court confirmed that COMELEC Resolution No. 8486 effectively amended Section 4, Rule 40 of the COMELEC Rules of Procedure.

    Incidentally, although COMELEC Resolution No. 8486 specifically mentions Sections 8 and 9, Rule 14 of A.M. No. 07-4-15-SC as the applicable provisions on the procedure for instituting an appeal before the courts in election cases involving elective municipal and barangay officials, the same does not materially affect the application of the said resolution in this case as Sections 8 and 9, Rule 14 of A.M. No. 07-4-15-SC are substantially similar to Sections 8 and 9, Rule 14 of A.M. No. 10-4-1-SC. To repeat, A.M. No. 10-4-1-SC superseded A.M. No. 07-4-15-SC insofar as municipal elections are concerned.

    The Court finds that the COMELEC First Division erred in disregarding COMELEC Resolution No. 8486. The justification of the COMELEC therefor is illogical and uncalled for. In Divinagracia, Jr. v. Commission on Elections,36 which was promulgated on July 27, 2009, the Court made the following pronouncements:ChanRoblesVirtualawlibrary
    That Comelec Resolution No. 8486 took effect on July 24, 2008 or after a party had filed a notice of appeal, as in the case of petitioner, does not exempt it from paying the Comelec-prescribed appeal fees. The Comelec merely clarified the existing rules on the payment of such appeal fees, and allowed the payment thereof within 15 days from filing the notice of appeal.

    In the recent case of Aguilar v. Comelec, the Court harmonized the rules with the following ratiocination:

    chanRoblesvirtualLawlibraryThe foregoing resolution is consistent with A.M. No. 07-4-15-SC and the COMELEC Rules of Procedure, as amended. The appeal to the COMELEC of the trial court's decision in election contests involving municipal and barangay officials is perfected upon the filing of the notice of appeal and the payment of the P1,000.00 appeal fee to the court that rendered the decision within the five-day reglementary period. The non­payment or the insufficient payment of the additional appeal fee of P3,200.00 to the COMELEC Cash Division, in accordance with Rule 40, Section 3 of the COMELEC Rules of Procedure, as amended, does not affect the perfection of the appeal and does not result in outright or ipso facto dismissal of the appeal. Following, Rule 22, Section 9(a) of the COMELEC Rules, the appeal may be dismissed. And pursuant to Rule 40, Section 18 of the same rules, if the fees are not paid, the COMELEC may refuse to take action thereon until they are paid and may dismiss the action or the proceeding. In such a situation, the COMELEC is merely given the discretion to dismiss the appeal or not. x x x.

    x x x x

    Aguilar has not, however, diluted the force of Comelec Resolution No. 8486 on the matter of compliance with the Comelec-required appeal fees. To reiterate, Resolution No. 8486 merely clarified the rules on Comelec appeal fees which have been existing as early as 1993, the amount of which was last fixed in 2002. The Comelec even went one step backward and extended the period of payment to 15 days from the filing of the notice of appeal.

    Considering that a year has elapsed after the issuance on July 15, 2008 of Comelec Resolution No. 8486, and to further affirm the discretion granted to the Comelec which it precisely articulated through the specific guidelines contained in said Resolution, the Court NOW DECLARES, for the guidance of the Bench and Bar, that for notices of appeal filed after the promulgation of this decision, errors in the matter of non­payment or incomplete payment of the two appeal fees in election cases are no longer excusable. (Citations omitted.)
    A careful reading of our ruling in Divinagracia reveals that there is nothing therein that would even slightly suggest that the provisions of COMELEC Resolution No. 8486 apply only to notices of appeal filed on or before July 27, 2009, the date of promulgation of the said case. What the Court emphatically declared in Divinagracia is that, after the extensive discussion made therein regarding the payment of the two appeal fees in election cases in accordance with COMELEC Resolution No. 8486, errors in the matter of nonpayment or incomplete payment of said fees will no longer be tolerated or excused. Thus, COMELEC Resolution No. 8486 remains applicable to this day and until the same is repealed or modified accordingly. To be sure, in Batalla, the Court categorically stated that the additional P3,200.00 appeal fee may be paid to the COMELEC Cash Division within 15 days from the filing of the notice of appeal pursuant to COMELEC Resolution No. 8486 notwithstanding the promulgation of Divinagracia.

    The COMELEC First Division, thus, erred in issuing the three February 1, 2011 Orders in EAC (AE) Nos. A-57-2010, A-58-2010, and A-57-2010 in accordance with Section 4, Rule 40 of the COMELEC Rules of Procedure without taking into consideration the provisions of COMELEC Resolution No. 8486 in connection with A.M. No. 10-4-1-SC. Nevertheless, the Court finds that not all the petitioners in this case properly complied with COMELEC Resolution No. 8486 regarding the payment of the appeal fee payable to the COMELEC.

    To reiterate, petitioners Lim-Bungcaras, Castil, Avendula, Domingo Ramada, Jr., and Victor Ramada received the Consolidated Decision dated November 17, 2010 of the RTC on the same day of its promulgation. They jointly filed a notice of appeal and paid the appeal fee of 1,000.00 to the RTC on November 22, 2010, which was within the five-day reglementary period. In like manner, petitioner Pamaos received the trial court's judgment on November 18, 2010. He filed his notice of appeal and paid 1,020.00 as appeal fee to the RTC on November 23, 2010. Clearly, the petitioners' filing of their notices of appeal and the payment of the appeal fees to the RTC complied with Sections 8 and 9, Rule 14 of A.M. No. 10-4-1-SC.

    Anent the filing of the appeal fee payable to the COMELEC, the records of this case support the factual findings of the COMELEC First Division that only petitioners Lim-Bungcaras and Pamaos paid the said fee.

    With respect to the appeal of petitioner Lim-Bungcaras in EAC (AE) No. A-57-2010, she paid the COMELEC appeal fee on December 7, 2010, i.e., the fifteenth day from the filing of the joint notice of appeal with the RTC. Said payment was evidenced by postal money orders issued in her name amounting to 3,550.0037 and the official receipt38 issued therefor. As to the appeal of petitioner Pamaos in EAC (AE) No. A-59-2010, he likewise paid the COMELEC appeal fee on December 7, 2010, which was the fourteenth day from the filing of his notice of appeal to the trial court. His payment was likewise evidenced by postal money orders issued in his name amounting to 3,550.0039 and the official receipt issued therefor.40 Clearly, the aforesaid payments complied with COMELEC Resolution No. 8486.

    As regards the appeals of petitioners Castil, Avendula, Domingo Ramada, Jr., and Victor Ramada, however, the Court finds that they indeed failed to remit the appeal fee payable to the COMELEC. In said petitioners' Manifestations/Notice of Appeal41 before the COMELEC, they merely attached the photocopies of the postal money orders issued in the names of petitioners Lim-Bungcaras and Pamaos as proof of payment. Unfortunately, this is insufficient as Section 3, Rule 40 of the COMELEC Rules of Procedure, as amended by COMELEC Minute Resolution No. 02-0130, expressly requires that each individual appellant must pay the appeal fee payable to the COMELEC. The failure of petitioners Castil, Avendula, Domingo Ramada, Jr., and Victor Ramada to remit their respective payments of the COMELEC appeal fee was a valid ground for the dismissal of their appeals.

    Accordingly, the assailed COMELEC Order dated February 1, 2011 in EAC (AE) No. A-57-2010, which involved the appeal of petitioner Lim­-Bungcaras, and the COMELEC Order of even date in EAC (AE) No. A-59-2010, insofar as it involved the appeal of petitioner Pamaos, had been issued with grave abuse of discretion such that the same should have been given due course.

    As for the appeal of petitioner Castil docketed as EAC (AE) No. A-58-2010 and the appeals of petitioners Avendula, Domingo Ramada, Jr., and Victor Ramada in EAC (AE) No. A-59-2010 that were not duly perfected in accordance with COMELEC Resolution No. 8486, the particular circumstances of this case compels this Court to likewise take cognizance of the same.

    II. The Mootness of the Issues Raised by the Petitioners

    Instead of ruling on the merits of the petitioners' appeals, the COMELEC En Banc denied the same outright in its assailed Resolution dated September 6, 2013 in view of the expiration of the terms of the contested offices on June 30, 2013.

    We find the dismissal of the appeals on this ground erroneous.

    In Malaluan v. Commission on Elections,42 the Court ruled that when a decision in an election protest includes a monetary award for damages, the issue of the said award is not rendered moot upon the expiration of the term of office that is contested in the election protest. We held in Malaluan that:ChanRoblesVirtualawlibrary
    When the appeal from a decision in an election case has already become moot, the case being an election protest involving the office of mayor the term of which had expired, the appeal is dismissible on that ground, unless the rendering of a decision on the merits would be of practical value. This rule we established in the case of Yorac vs. Magalona which we dismissed because it had been mooted by the expiration of the term of office of the Municipal Mayor of Saravia, Negros Occidental. This was the object of contention between the parties therein. The recent case of Atienza vs. Commission on Elections, however, squarely presented the situation that is the exception to that rule.

    Comparing the scenarios in those two cases, we explained:ChanRoblesVirtualawlibrary
    "Second, petitioner's citation of Yorac vs. Magalona as authority for his main proposition is grossly inappropriate and misses the point in issue. The sole question in that case centered on an election protest involving the mayoralty post in Saravia, Negros Occidental in the general elections of 1955, which was rendered moot and academic by the expiration of the term of office in December, 1959. It did not involve a monetary award for damages and other expenses incurred as a result of the election protest. x x x That is not the case here. In contradistinction to Yorac, a decision on the merits in the case at bench would clearly have the practical value of either sustaining the monetary award for damages or relieving the private respondent from having to pay the amount thus awarded."
    Indeed, this petition appears now to be moot and academic because the herein parties are contesting an elective post to which their right to the office no longer exists. However, the question as to damages remains ripe for adjudication. x x x. (Emphasis supplied; citations omitted.)
    In the instant case, while the terms of the contested offices already expired on June 30, 2013, the trial court, nonetheless, awarded in favor of each of the private respondents moral damages in the amount of P450,000.00 and P150,000.00 as attorney's fees. In accordance with Malaluan, the question of whether the petitioners are liable for the payment of the monetary awards in this case remains ripe for adjudication.

    In order to obviate any further delay in the disposition of this case, however, the Court deems it proper to rule on the merits of the appeals in these petitions with respect to the aforesaid monetary awards instead of remanding the same to the COMELEC.

    A. The award of moral damages

    We find that the trial court gravely erred in awarding moral damages of P450,000.00 in favor of each of the private respondents. The award is improper as the same is not sanctioned under our current election law.

    As the Court explained in Atienza v. Commission on Elections43:ChanRoblesVirtualawlibrary
    The country's early election laws contained provisions requiring the furnishing of a bond or cash deposit for purposes of payment of expenses and costs incidental to election contests and appeals. The Administrative Code of 1917 for instance provides:ChanRoblesVirtualawlibrary
    Sec. 482. Bond or Cash Deposit Required of Contestants. Before the Court shall entertain any such contest or counter-contest or admit an appeal, the party filing the contest, counter-contest or appeal shall give bond in an amount fixed by the court with two sureties satisfactory to it, conditioned that he will pay all expenses and costs incident to such motion or appeal, or shall deposit cash in court in lieu of such bond. If the party paying such expenses and costs shall be successful, they shall be taxed by the court and entered and be collectible as a judgment against the defeated party.
    The Election Law of 1938 (Commonwealth Act No. 357) contained the same provision with a minor modification providing for increasing or decreasing the bond or cash deposit "as the course of the contest mat require." This provision was repeated in toto in the Revised Election Code of 1947. [The Election Code of 1971 (Republic Act No. 6388) and the 1978 Election Code (Presidential Decree No. 1296)] contained provisions allowing awards for moral and exemplary damages "as the Commission may deem just if the aggrieved party has included (such) in his pleadings," but left out the provision for bond and cash deposits found in the earlier election codes. The provisions for moral and exemplary damages as well as the early provisions requiring the furnishing of a bond to cover expenses related to election contests have all but disappeared in the current Omnibus Election Code. (Emphasis supplied; citations omitted.)
    Indeed, Sections 223, 225, and 226 of the Election Code of 1971 (Republic Act No. 6388) explicitly provided for the award of moral and exemplary damages in election contests in this wise:ChanRoblesVirtualawlibrary
    SECTION 223. Bond or Cash Deposit. Before the court shall take cognizance of a protest, or a counter-protest, or a protest-in­ intervention, or admit an appeal, the party who has filed the pleading or interposed the appeal shall file a bond with two sureties satisfactory to the court and for such amount as it may fix, to answer for the payment of all expenses and costs incidental to said protest or appeal including any amount for moral and exemplary damages that may be adjudicated by the court, or shall deposit with the court cash in lieu of the bond or both as the court may order. x x x.

    SECTION 225. Moral and Exemplary Damages in Election Contests and Quo Warranto Proceedings. In all election protests or in quo warranto proceedings, the court or the Electoral Tribunals of both Houses of Congress may adjudicate in the same case, moral and exemplary damages as it may deem just if the aggrieved party has included in his pleadings such claims.

    In no case shall moral and/or exemplary damages exceed the amount equivalent to the total emoluments attached to the office concerned.

    SECTION 226. Adjudication of Moral and Exemplary Damages. The moral and/or exemplary damages shall be adjudicated and shall form part of the decision of the same case, and may be executed after the decision in the same case becomes final and executory. (Emphasis supplied.)
    In like manner, Sections 194 and 195 of the 1978 Election Code (Presidential Decree No. 1296) state:ChanRoblesVirtualawlibrary
    SECTION 194. Moral and exemplary damages in election contests and quo warranto proceedings. In all election contests or in quo warranto proceedings the Commission or court may adjudicate in the same case, moral and exemplary damages as it may deem just if the aggrieved party has included in his pleadings such claims.

    In no case shall moral and/or exemplary damages exceed the amount equivalent to the total emoluments attached to the office concerned.

    SECTION 195. Adjudication of moral and exemplary damages. ­ The moral and/or exemplary damages shall be adjudicated and shall form part of the decision of the same case, and may be executed after the decision in the same case becomes final and executory.
    Presently, the award of damages in election contests is provided under Section 259 of the Omnibus Election Code, which states:ChanRoblesVirtualawlibrary
    SEC. 259. Actual or compensatory damages. - Actual or compensatory damages may be granted in all election contests or in quo warranto proceedings in accordance with law. (Emphasis supplied.)
    What is patently clear from Section 259 of the Omnibus Election Code is that only actual or compensatory damages may be awarded in election contests. The above provision is a stark contrast to the aforestated provisions in the past election codes that expressly permit the award of moral and exemplary damages. As the Court concluded in Atienza, the omission of the provisions allowing for moral and exemplary damages in the current Omnibus Election Code clearly underscores the legislative intent to do away with the award of damages other than those specified in Section 259 of the Omnibus Election Code, i.e., actual or compensatory damages.44chanrobleslaw

    B. The award of attorney's fees

    Concerning the trial court's award of attorney's fees of P150,000.00 in favor of each of the private respondents, the same is likewise unwarranted.

    Section 2, Rule 15 of A.M. No. 10-4-1-SC mandates that:ChanRoblesVirtualawlibrary
    SEC. 2. Damages and attorney's fees. - In all election contests, the court may adjudicate damages and attorney's fees as it may deem just and as established by the evidence, if the aggrieved party has included these claims in the pleadings.
    Thus, for the trial court to award attorney's fees, the same must be just and borne out by the pleadings and evidence of the party concerned.

    Furthermore, Article 2208 of the Civil Code45 enumerates the specific instances when attorney's fees may be awarded, among which is when the defendant's act or omission has compelled the plaintiff to litigate or to incur expenses to protect the latter's interest.

    Verily, the trial court used the aforementioned ground when it justified the award of attorney's fees as follows:ChanRoblesVirtualawlibrary
    Finally, the [private respondents] are entitled to an award of attorney's fees in the amount of Php150,000.00 each. The Supreme Court in Industrial Insurance Company, Inc. vs. Bondad (330 SCRA 706) held that attorney's fees may be awarded by a court if one who claims it is compelled to litigate or to incur expenses to protect one's interest by reason of an unjust act or omission on the part of the party from whom it is sought.46chanroblesvirtuallawlibrary
    In the case at bar, while the private respondents did include their claim for attorney's fees in their memorandum before the trial court,47 the Court finds that they did not adduce sufficient evidence to substantiate their entitlement to said claim. Moreover, the fact that the private respondents were compelled to litigate does not, by itself, merit the award of attorney's fees. The Court explained this concept in Mindex Resources Development v. Morillo48 thusly:ChanRoblesVirtualawlibrary
    We find the award of attorney's fees to be improper. The reason which the RTC gave because petitioner had compelled respondent to file an action against it falls short of our requirement in Scott Consultants and Resource Development v. CA, from which we quote:ChanRoblesVirtualawlibrary
    "It is settled that the award of attorney's fees is the exception rather than the rule and counsel's fees are not to be awarded every time a party wins suit. The power of the court to award attorney's fees under Article 2208 of the Civil Code demands factual, legal, and equitable justification; its basis cannot be left to speculation or conjecture. Where granted, the court must explicitly state in the body of the decision, and not only in the dispositive portion thereof, the legal reason for the award of attorney's fees."
    Moreover, a recent case ruled that "in the absence of stipulation, a winning party may be awarded attorney's fees only in case plaintiff's action or defendant's stand is so untenable as to amount to gross and evident bad faith."

    Indeed, respondent was compelled to file this suit to vindicate his rights. However, such fact by itself will not justify an award of attorney's fees, when there is no sufficient showing of petitioner's bad faith in refusing to pay the said rentals as well as the repair and overhaul costs. (Citations omitted; Emphasis supplied.)
    The RTC ruled that the petitioners were guilty of bad faith in filing their respective election protests against the private respondents, which protests were· brushed aside as "a product or figment of [the petitioners'] fertile and wild imaginations to make it appear that there were fraud, irregularities and flagrant violations committed during the conduct of elections."49 Essentially, the trial court arrived at the above conclusion in view of the apparent failure of the petitioners to adduce adequate evidence to prove their claims.

    The Court, however, is not convinced.

    The failure of the petitioners to adduce substantial evidence to sustain their election protests does not necessarily lead to a conclusion that they were guilty of bad faith in the filing of said cases. Such a conclusion is conjectural and unjustified under the circumstances. As held in Andrade v. Court of Appeals,50 the entrenched rule is that bad faith does not simply connote bad judgment or negligence; it imputes a dishonest purpose or some moral obliquity and conscious doing of a wrong; a breach of sworn duty through some motive or intent or ill will; it partakes of the nature of fraud.

    We reiterated in BPI Family Savings Bank, Inc. v. Manikan, Inc.51 that:ChanRoblesVirtualawlibrary
    Such an award, in the concept of damages under Article 2208 of the Civil Code, demands factual and legal justifications. While the law allows some degree of discretion on the part of the courts in awarding attorney's fees and expenses of litigation, the use of that judgment, however, must be done with great care approximating as closely as possible the instances exemplified by the law. Attorney's fees in the concept of damages are not recoverable against a party just because of an unfavorable judgment. Repeatedly, it has been said that no premium should be placed on the right to litigate. (Citations omitted.)
    Accordingly, we nullify the award of attorney's fees.

    Finally, we address the effect of this Decision on the parties who failed to perfect their appeal from the RTC judgment. In First Leverage and Services Group, Inc. v. Solid Builders, Inc.,52 we had the occasion to state that:ChanRoblesVirtualawlibrary
    This Court has always recognized the general rule that in appellate proceedings, the reversal of the judgment on appeal is binding only on the parties in the appealed case and does not affect or inure to the benefit of those who did not join or were not made parties to the appeal. An exception to the rule exists, however, where a judgment cannot be reversed as to the party appealing without affecting the rights of his co­ debtor, or where the rights and liabilities of the parties are so interwoven and dependent on each other as to be inseparable, in which case a reversal as to one operates as a reversal as to all.This exception, which is based on a communality of interest of said parties, is recognized in this jurisdiction. x x x. (Citations omitted.)
    To illustrate, in Unsay v. Palma,53 we allowed the appeal of one defendant to benefit his non-appealing co-defendants where the defense upon which the reversal of the trial court's judgment was based was not personal to any or some of the defendants but applied to all.

    Persuasively, in American jurisprudence, the exception to the general rule on non-appealing parties is stated, thus:ChanRoblesVirtualawlibrary
    Where the judgment is entire and jointly binding on or in favor of several coparties, or the cause of action is of such a nature that the rights and issues are interdependent and injustice might result from a reversal as to less than all the parties, the appellate court will reverse the judgment as to all.54chanroblesvirtuallawlibrary
    Considering our determination that the trial court's award of moral damages and attorney's fees in these consolidated election cases had no justification in fact or law and this ground for reversal applies to all the petitioners, it would be grossly unjust to limit our ruling only to those who perfected their appeals.

    WHEREFORE, the petitions for certiorari are GRANTED. The three Orders dated February 1, 2011 of the COMELEC First Division and the Resolution dated September 6, 2013 of the COMELEC En Banc in EAC (AE) Nos. A-57-2010, A-58-2010, and A-59-2010 are REVERSED and SET ASIDE.

    The Consolidated Decision dated November 17, 2010 of the Regional Trial Court of San Juan, Southern Leyte in Election Protest Nos. 2010-01, 2010-02, and 2010-03 is hereby REVERSED insofar as the award of moral damages and attorney's fees is concerned. The Court takes no action on the portion of the Consolidated Decision that declared the private respondents Rico C. Rentuza, Rachel B. Avendula, Manuel O. Calapre, Saturnino V. Cinco, Fernan V. Salas, Antonio Dalugdugan, Federico C. Japon, Santiago M. Santiago, Jacinta O. Malubay, and Belen G. Bungcag as the respective winners for the local elective positions of the municipality of Saint Bernard, Southern Leyte in the May 10, 2010 Automated Elections as the said matter had been rendered moot and academic in view of the expiration of the terms of office of the local elective positions.

    SO ORDERED.chanroblesvirtuallawlibrary

    Sereno, C.J., on leave.
    Carpio,**Brion, Peralta, Bersamin, Del Castillo, Perez, Reyes, Perlas-Bernabe, and Leonen, JJ., concur.
    Velasco, Jr., J., on official leave.
    Mendoza, J., on official leave.
    Jardeleza, J., no part prior OSG action.
    Caguioa, J., on leave.

    Endnotes:


    ** Per Special Order No. 240 I dated November 15, 2016.

    1Rollo (G.R. Nos. 209415-17), Vol. I, pp. 8-31; Rollo (G.R. No. 210002), pp. 3-27.

    2 Id. at 32-35; signed by Presiding Commissioner Rene V. Sarmiento and Commissioners Armando C. Velasco and Gregorio Y. Larrazabal.

    3 Id. at 54-58.

    4 Id. at 59-77.

    5 Id. at 183-200.

    6 Id. at 296-318.

    7 Id. at 417-446, 450-479, 483-511.

    8Rollo (G.R. Nos. 209415-17), Vol. II, pp. 601-657; penned by Acting Judge Rolando L. Gonzalez.

    9 Id. at 655-657.

    10 Id. at 658-660.

    11 COMELEC records, EAC (AE) No. A-59-2010, pp. 19-23 and 28-29.

    12 Id. at 24-25; RTC records, pp. 971-972.

    13Rollo (G.R. No. 210002), pp. 134-139.

    14Rollo (G.R. Nos. 209415-17), Vol. I, pp. 32-35.

    15 Id. at 32; see footnote 1 of the Order.

    16 Id. at 33; see footnote 1 of the Order.

    17 Id. at 34; see footnote l of the Order.

    18 Id. at 36-53.

    19Rollo (G.R. No. 21 0002), pp. 140-154.

    20Rollo (G.R. Nos. 209415-17), Vol. I, pp. 56-57.

    21 Id., Vol. II, pp. 661-662.

    22 In a Resolution dated December 10, 2013, the Court initially dismissed the petition of Aldrin B. Pamaos in G.R No. 210002 for failure to simultaneously submit soft copies of the petition and its annexes; failure to submit clearly legible duplicate original or certified true copies of the assailed judgments; and the petition having become moot in light of the May 13, 2013 local elections [Rollo (G.R. No. 210002), pp. 156-157]. However, in a Resolution dated March 17, 2015, the Court ordered the reinstatement of the said petition [Rollo (G.R. No. 210002), pp. 391-393].

    23Rollo (G.R. No. 210002), pp. 386A-386C.

    24Rollo (G.R. Nos. 209415-17), Vol. II, pp. 819-827; Rollo (G.R. No. 210002), pp. 11-20.

    25cralawred Id. at 792-793; id. at 399-401.

    26 611 Phil. 538-558 (2009).

    27Rollo (G.R. Nos. 209415-17), Vol. II, pp. 795-796; Rollo (G.R. No. 210002), pp. 402-403.

    28Rollo (G.R. No. 210002), pp. 403-407.

    29 Entitled "The Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal and Barangay Officials."

    30 Section 1, second paragraph, Rule 17 of A.M. No. 07-4-15-SC.

    31 Section 1, Rule 18 of A.M. No. 10-4-1-SC.

    32 COMELEC Minute Resolution No. 02-0130 prescribes an amount of P3,000.00 as appeal fee, plus P150.00 for bailiff's fee and P50.00 for legal research fee. (See Pacanan, Jr. v. Commission on Elections, 613 Phil. 549, 556 [2009].)

    33 Section 3, Rule 22 of the COMELEC Rules of Procedure states:

    chanRoblesvirtualLawlibrarySEC. 3. Notice of Appeal. - Within five (5) days after promulgation of the decision of the court, the aggrieved party may file with said court a notice of appeal, and serve a copy thereof upon the attorney of record of the adverse party.

    34Batalla v. Commission on Elections, 615 Phil. 805, 819 (2009).

    35 Id. at 819-820.

    36 611 Phil. 538, 550-552 (2009).

    37Rollo (G.R. No. 210002), p. 139.

    38See frrst page of COMELEC records, EAC (AE) No. A-57-2010. The 3,550.00 was composed of the P3,000.00 appeal fee, P50.00 as legal research fee, and P500.00 as bailiff's fee.

    39Rollo (G:R. No. 210002), p. 138.

    40See first page of COMELEC records, EAC (AE) No. A-59-2010. The P3,550.00 was composed of the P3,000.00 appeal fee, P50.00 as legal research fee, and P500.00 as bailiff's fee.

    41 COMELEC records, EAC (AE) No. A-58-2010, pp. 2-6; COMELEC records, EAC (AE) No. A-59-2010, pp. 2-6.

    42 324 Phil. 676, 683-684 (1996).

    43 G.R. No. 108533, December 20, 1994, 239 SCRA 298, 306-307.

    44 Id. at 308-309.

    45 Article 2208 of the Civil Code states that:

    chanRoblesvirtualLawlibraryART. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except:

    chanRoblesvirtualLawlibrary(1) When exemplary damages are awarded;

    (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;

    (3) In criminal cases of malicious prosecution against the plaintiff;

    (4) In case of a clearly unfounded civil action or proceeding against the plaintiff;

    (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim;

    (6) In actions for legal support;

    (7) In actions for the recovery of wages of household helpers, laborers and skilled workers;

    (8) In actions for indemnity under workmen's compensation and employer's liability laws;

    (9) In a separate civil action to recover civil liability arising from a crime;

    (10) When at least double judicial costs are awarded;

    (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.

    In all cases, the attorney's fees and expenses of litigation must be reasonable.

    46Rollo (G.R. Nos. 209415-17), Vol. II, p. 656.

    47 Id. at 595-599.

    48 428 Phil. 934, 948-949 (2002).

    49Rollo (G.R. Nos. 209415-17), Vo. II, p. 656.

    50 423 Phil. 30, 43 (2001).

    51 443 Phil. 463, 468 (2003).

    52 690 Phil. 1, 15-16 (2012).

    53 121 Phil. 932, 936 (1965).

    54 5 C.J.S. Appeal and Error § 1078 (September 2016 Update), citing J.A.P. v. L.W.A, 910 So. 2d 115 (Ala. Civ. App. 2004); Shearman Concrete Pipe Co. v. Wooldridge, 218 Ark. 16, 234 S.W. 2d 384 (1950); Avery v. State Farm Mut. Auto. Ins. Co., 216 I11.2d 100, 296 Ill. Dec. 448, 835 N.E. 2d 801 (2005); and Smith v. Flannery, 383 Pa. 526, 119 A. 2d 224 (1956).

    G.R. Nos. 209415-17, November 15, 2016 - JOCELYN


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