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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.

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

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  • 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.

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

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

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    G.R. No. 188751, November 16, 2016

    BONIFACIO NIEVA Y MONTERO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

    D E C I S I O N

    JARDELEZA, J.:

    This is a Petition for Review on Certiorari1 of the February 25, 2009 Decision2 and July 9, 2009 Resolution3 of the Court of Appeals (CA) in CA­ G.R. CR No. 31336, finding petitioner Bonifacio Nieva (Nieva) guilty beyond reasonable doubt of the crime of frustrated homicide.

    Facts

    In an Information dated November 2, 2005, Nieva was charged with the crime of Frustrated Murder in the Regional Trial Court (RTC) of Malabon, Branch 73.4 The accusatory portion of the Information, docketed as Criminal Case No. 33415-MN, reads:ChanRoblesVirtualawlibrary
    That on or about the 28th day of October 2005, in the City of Malabon, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, acting with discernment, while armed with a gun, with intent to kill, treachery and evident premeditation, did, then and there, willfully, unlawfully and feloniously attack, assault, shoot with the said gun one JUDY DELATAVO IGNACIO, hitting the latter on her left leg, thus accused performed all the acts of execution which would produce the crime of Murder, but which nevertheless did not produce it by reason of some other causes independent of the will of the accused, that is, by the timely and able medical attendance rendered to the victim which prevented her death.

    CONTRARY TO LAW.5chanroblesvirtuallawlibrary
    During arraignment, Nieva entered a plea of not guilty. Trial then ensued. The prosecution presented five (5) witnesses, namely: the victim, Judy Ignacio (Judy); the eyewitnesses, Luna Ignacio (Luna) and Raymundo Delatavo (Raymundo); the attending physician, Dr. Dindohope Serrano (Dr. Serrano); and the arresting officer, PO2 Jesus Del Fiero (PO2 Del Fiero).6chanrobleslaw

    Prosecution's version

    On October 28, 2005, at around six o'clock in the evening, Luna and Raymundo were doing carpentry works for Judy at Kaunlaran, Hernandez, Catmon, Malabon City. Judy was supervising the construction of her nipa hut when Nieva arrived and approached her.7 Judy was then the President of the Catmon Homeowners Association. Nieva inquired on the electrification project of the Homeowners Association, to which Judy replied that the matter was already taken care of by the Manila Electric Company (MERALC0).8 However, Nieva suddenly shouted at Judy and cursed her saying: "Mga putang ina nyo, lima kayo mga president kayo, kung gusto nyo magkaroon ng mga problema, bibigyan ko kayo ng mga problema ngayon."9 He then drew a .357 caliber revolver (wrapped in a white piece of cloth) from his waist.10 Overwhelmed with fear, Judy clung to Luna's back and used him as a shield against Nieva.11chanrobleslaw

    Nieva, who was about two arms' length away, pointed his gun at Judy and fired several times but the gun jammed.12 At this point, Raymundo, who was at the roof of the nipa hut, jumped from the hut to help her aunt, Judy. However, before Raymundo reached Judy, he heard a gunshot and saw Judy fall to the ground.13 As she simultaneous fell, Judy was able to push Luna towards Nieva. Luna and Nieva then grappled for the gun. With the help of Raymundo, Luna seized the gun from Nieva.14chanrobleslaw

    Judy was brought to the Manila Central University (MCU) Hospital. Dr. Serrano, a surgeon at the MCU Hospital, attended to the wound of Judy. He stated that Judy suffered a gunshot wound at her right leg, which caused a bone fracture at her right tibia and lacerated wound at the left thigh.15 He confirmed that Judy's gunshot wound could have led to her death if not for the timely medical attention.16chanrobleslaw

    Meanwhile, PO2 Del Fiero, who was also a resident of Kaunlaran, Hernandez, Catmon, Malabon City, went to the scene of the crime upon learning that Judy was shot. Luna surrendered the gun to PO2 Del Fiero.17 Thereafter, PO2 Del Fiero arrested Nieva in the latter's home.18chanrobleslaw

    Defense's version

    The defense had three witnesses, namely: petitioner Nieva himself; his wife, Luz, and son, Julius. However, the testimonies of Luz and Julius were dispensed with since they would merely corroborate Nieva's defense.19chanrobleslaw

    Nieva narrated that at about six-thirty in the evening, while on his way to buy cigarettes, he passed by the Kaunlaran ng Samahan Hernandez Catmon Homeowners, where he met Judy. He inquired on the electrification of the Homeowners Association and Judy informed him that it was already done.20 Thereafter, a heated argument ensued between him and Judy. The latter accused him of having a hand on an electric post that fell down. Irritated, Nieva pulled a handkerchief from his pocket and wrapped it on his right hand, preparatory to boxing Judy. Suddenly, however, Luna got in front of Judy and pointed a gun towards Nieva.21chanrobleslaw

    Nieva then grabbed the gun from Luna. In the process, the gun went off and Nieva was unaware if the bullet hit anyone. He and Luna went down as they continued to wrestle for the possession of the gun. However, Raymundo intervened and smashed Nieva at the back with a hammer causing Nieva to let go of Luna.22chanrobleslaw

    As Luna now had the gun, Nieva clung at Raymundo. Luna tailed to shoot Nieva because the latter's wife, who happens to be Luna's first cousin, shielded Nieva with her body.23chanrobleslaw

    RTC Ruling

    In its Decision24 dated October 11, 2007, the RTC convicted Nieva of Frustrated Homicide only, to wit:ChanRoblesVirtualawlibrary
    x x x [T]he Court cannot agree that this is a case of frustrated murder. The reason is simple.

    As stated above, it is not disputed that an argument between complainant and the accused immediately preceded the shooting incident. There was, therefore, no evident premeditation and there could be no treachery as well. Consequently, the Court finds that the offense committed is frustrated homicide only.25cralawredchanroblesvirtuallawlibrary
    In the absence of any aggravating or mitigating circumstance, Nieva was sentenced to imprisonment of six (6) years and one (1) day of prision correccional, as minimum, to twelve (12) years and 1 day of prision mayor, as maximum. He was also ordered to pay Judy the amount of P40,000.00 by way of reimbursement for her hospitalization expenses; and another P40,000.00 as moral damages.26chanrobleslaw

    Nieva appealed to the CA. He took issue with the inconsistencies of the testimonies of the prosecution witnesses, particularly Judy, Luna and Raymundo. He also claimed that the exempting circumstance of accident is applicable in his case;27 but assuming that he is criminally liable, he should only be convicted of physical injuries because he had no intent to kill Judy.28chanrobleslaw

    CA Ruling

    In its Decision dated February 25, 2009, the CA affirmed Nieva's conviction, with modification only as to the penalty imposed. The decretal portion reads:ChanRoblesVirtualawlibrary
    WHEREFORE, premises considered, the instant appeal is hereby DENIED. The Decision dated October 11, 2007 of the Regional Trial Court, Branch 73, Malabon City finding accused appellant Bonifacio Nieva y Montero guilty beyond reasonable doubt of the crime of Frustrated Homicide is AFFIRMED with MODIFICATION in that he is sentenced to suffer imprisonment of four (4) years, two (2) months and one (1) day of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum.

    SO ORDERED.29chanroblesvirtuallawlibrary
    Nieva filed a Motion for Reconsideration30 which the CA denied in its Resolution dated July 9, 2009; hence, this petition for review.

    Issue

    Whether the CA erred in affirming the conviction of Nieva.

    Our Ruling

    We rule in the negative and resolve to deny the petition.

    Nieva submits the following defenses to prove that he is innocent of the crime of frustrated homicide:
    1. The accounts of the prosecution witnesses are highly questionable;

    2. Nieva is exempt from criminal liability because the shooting of Judy is a mere accident; and cralawlawlibrary

    3. Nieva had no intent to kill Judy, thus, he should only be convicted of physical injuries.
    We are not persuaded.

    As his first defense, Nieva harps on the alleged inconsistencies among the testimonies of Judy, Luna and Raymundo, particularly on the position of the gun during the shooting incident. He recounts that while Judy testified that the gun was pointed to the ground when it fired, Luna claimed that the gun was pointed to him (Luna) since he was in front of Judy; whereas, Raymundo averred that when the gun was fired, it was pointed at Judy.31 Nieva maintains that the conflicting versions of the prosecution witnesses strongly suggest that Nieva did not really aim a gun towards Judy and that Judy might have only fabricated the charge against Nieva to pin him down because of the animosity between them.32chanrobleslaw

    At the outset, it is a basic rule that questions on the credibility of witnesses is best addressed to the trial courts because of their unique position to not only examine real and testimonial evidence but also observe the elusive and incommunicable evidence of the witnesses' deportment while on stand, a privilege which is denied to the appellate court.33 The trial court's assessment of the credibility of the witnesses is therefore accorded great respect on appeal, in the absence of evidence showing that the trial court disregarded or overlooked significant facts that would merit the reversal of its findings.34 The reviewing court is bound by the findings of the trial court, more so when the same is affirmed by the appellate court on appeal.35chanrobleslaw

    In the case before us, both the RTC36 and the CA37 found that the witnesses categorically and positively identified Nieva to have fired a gun towards Judy. Nieva fired the gun several times, with each attempt misfiring, until finally the gun went off and hit Judy at her upper right leg. The perceived inconsistency on where the gun was aimed at is a trivial matter which cannot negate the credibility of the witnesses, especially where the witnesses were consistent on their account relating to the principal occurrence, which is the shooting of Judy, and their positive identification of Nieva as the assailant.38chanrobleslaw

    Further, far from weakening the credibility of the witnesses, minor inconsistencies actually bolster their credibility. Thus, in People v. Malate,39 we stated that:ChanRoblesVirtualawlibrary
    Furthermore, accused-appellant cannot plausibly bank on the minor inconsistencies in the testimony of the complainant to discredit her account of the incident. Even if they do exist, minor and insignificant inconsistencies tend to bolster, rather than weaken, the credibility of the witness for they show that his testimony was not contrived or rehearsed. Trivial inconsistencies do not rock the pedestal upon which the credibility of the witness rests, but enhances credibility as they manifest spontaneity and lack of scheming. As aptly held in the American case of State v. Erikson, the rule that a victim's testimony in sexual assault cases must be corroborated "does not apply where the inconsistency or contradiction bears upon proof not essential to the case." Well to point, even the most truthful witnesses can sometimes make mistakes, but such minor lapses do not necessarily affect their credibility.40 (Emphasis supplied; citations omitted.)
    In this connection, we concur with the CA's finding that the slight variance on Judy's testimony as to the aim of the gun could have been attributed to the suddenness of the situation and her confusion.41 Thus, the minor lapse in her testimony does not affect her credibility.

    As his next defense, Nieva denies that he fired a gun towards Judy. Instead, he accuses Luna to have brought the gun, pointed it against him and together they grappled for the possession of the same until suddenly the gun fired. He pleads that the shooting of Judy is a mere accident; hence, he should be exempt from criminal liability.42chanrobleslaw

    We disagree. It is well-entrenched in jurisprudence that denial is an intrinsically weak defense.43 If not substantiated by clear and convincing evidence, denial is merely a negative and self-serving evidence which has no weight in law. It cannot prevail over the categorical and consistent positive identification of credible witnesses.44 Here, Nieva's version of the story is not substantiated with proof other than his own bare assertions. Nieva's testimony cannot stand against the testimonies of Judy, Luna and Raymundo which are consistent in material points.

    Nieva cannot also invoke the exempting circumstance of accident to free him from criminal liability. Article 12 (4), Book I of the Revised Penal Code of the Philippines45 (Revised Penal Code) reads:ChanRoblesVirtualawlibrary
    Art. 12. Circumstances which exempt from criminal liability. - The following are exempt from criminal liability:

    chanRoblesvirtualLawlibrary
    x x x

    4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
    The basis for exemption under the above-stated provision is the complete absence of negligence and intent. The accused commits a crime but there is no criminal liability. An accident is a fortuitous circumstance, event or happening; an event happening wholly or partly through human agency, an event which under the circumstances is unusual or unexpected by the person to whom it happens.46 It is an affirmative defense which the accused is burdened to prove by clear and convincing evidence.47chanrobleslaw

    To successfully claim the defense of accident, the accused must show that the following circumstances are present: (1) a person is performing a lawful act; (2) with due care; (3) he causes an injury to another by mere accident; and (4) he had no fault in or intention of causing the injury.48None of these circumstances are present in this case.

    To start, Nieva was not performing a lawful act when he drew a gun and pointed it at Judy. Thus, in People v. Nepomuceno, Jr.,49 we ruled that drawing a weapon in the course of a quarrel, the same not being in self­ defense, is unlawful, as it at least constitutes light threats.50 Subsequently, Nieva fired the gun several times. In his initial attempts, the bullet of the gun jammed; yet, Nieva did not stop until the gun finally fired and hit its target.

    This clearly shows that Nieva intentionally and persistently performed the act complained of in order to successfully maim Judy. He cannot now claim that he is without fault.

    As his last defense, Nieva submits that he has no intent to kill Judy considering that the gun was pointed to the ground when it was fired and Judy's wound was not fatal.51chanrobleslaw

    Nieva's contentions are untenable.

    In Rivera v. People,52 we explained that intent to kill may be proved by: (a) the means used by the malefactors; (b) the nature, location and number of wounds sustained by the victim; (c) the conduct of the malefactors before, at the time, or immediately after the killing of the victim; (d) the circumstances under which the crime was committed; and (e) the motives of the accused.53chanrobleslaw

    We concur with the findings of the CA that intent to kill was present.54 It is undisputed that Nieva used a gun, a deadly weapon, in assaulting Judy. At that time, Judy was unarmed and could not have defended herself. Nieva fired the gun several times towards Judy. If the bullets had not jammed, Nieva could have killed Judy through multiple gunshot wounds. As it was, the gun's bullets jammed and the gun fired only once; albeit, leaving Judy with a wound on her upper right leg, which according to Dr. Serrano could have caused her death if not for the timely medical intervention at the MCU Hospital. Prior to the incident, Nieva also admitted that there had been several quarrels between him and Judy.55 These circumstances showing the weapon used, the nature of the wound sustained by Judy, and the conduct of Nieva before and during the incident, manifest Nieva's intent to kill Judy.

    Nieva repeatedly uses the testimony of Judy that the gun was aimed at the ground when it fired in order to exculpate him from liability. However, as we had explained earlier, Nieva fired the gun several times before the bullet finally went off. With the urgency and suddenness of the situation, minor lapses in Judy's testimony cannot be used against her.

    In fine, the prosecution established beyond reasonable doubt the elements of frustrated homicide, which are: first, the accused intended to kill his victim, as manifested by his use of a deadly weapon in his assault; second, the victim sustained a fatal or mortal wound but did not die because of timely medical assistance; and third, none of the qualifying circumstances for murder under Article 248 of the Revised Penal Code, as amended, is present.56chanrobleslaw

    Finally, in light of recent jurisprudence, we modify the award of damages granted by the RTC and affirmed by the CA. People v. Jugueta57 teaches that where the crime of frustrated homicide is committed, moral damages as well as civil indemnity should be awarded to the victim in the

    amount of P30,000.00 each. Thus, we rule that Judy is entitled to recover civil indemnity in the amount of P30,000.00. However, we decrease the amount of moral damages given by the courts a quo from P40,000.00 to P30,000.00. The monetary awards shall earn interest at the rate of six percent (6%) per annum from the date of the finality of this decision until fully paid.58chanrobleslaw

    WHEREFORE, the petition is DENIED for lack of merit. The February 25, 2009 Decision and July 9, 2009 Resolution of the Court of Appeals in CA-G.R. CR No. 31336 are hereby AFFIRMED with MODIFICATIONS in that:
    1. The award of moral damages is decreased from P40,000.00 to P30,000.00;

    2. Judy Ignacio is awarded civil indemnity m the amount of P30,000.00; and cralawlawlibrary

    3. An interest of six percent (6%) per annum is imposed on all monetary awards from the date of the finality of this Decision until full payment.
    SO ORDERED.chanRoblesvirtualLawlibrary

    Peralta,**(Acting Chairperson), Perez, and Reyes, JJ., concur.
    Velasco, Jr., (Chairperson), J., on leave.

    Endnotes:


    ** Designated as Acting Chairperson per Special Order No. 2395 dated October 19, 2016.

    1Rollo, pp. 10-35.

    2Id. at 86-103; penned by Associate Justice Ramon R. Garcia with Associate Justices Jose L. Sabio, Jr. and Magdangal M. De Leon, concurring.

    3Rollo, pp. 115-116.

    4Id. at 86-87.

    5Id. at 87-88.

    6Id. at 88.

    7Id. at 73.

    8Id. at 75.

    9Id. at 73.

    10Id. at 75.

    11Id. at 73.

    12Id. at 73-75.

    13Id. at 75.

    14Id. at 76.

    15Id. at 76-77.

    16Id. at 89.

    17Id. at 77.

    18Id. at 89.

    19Id. at 45.

    20Id. at 43.

    21Id. at 44.

    22Id.

    23Id.

    24Id. at 60-66. Penned by Pairing Judge Benjamin M. Aquino, Jr.

    25cralawred Id. at 65-66.

    26Id. at 66.

    27Id. at 45.

    28Id. at 57-58.

    29Id. at 102-103.

    30Id. at 104-109.

    31Id. at 24.

    32Id. at 24-25.

    33People v. Barcela, G.R. No. 208760, April 23, 2014, 723 SCRA 647, 660, citing People v. Nieto, G.R. No. 177756, March 3, 2008, 547 SCRA 511, 524.

    34People v. Barcela, supra, at 660-661, citing People v. Dominguez, Jr., G.R. No. 180914, November 24, 2010, 636 SCRA 134, 161.

    35People v. Laog, G.R. No. 178321, October 5, 2011, 658 SCRA 654, 665-666, citing People v. Dominguez, Jr., supra.

    36Rollo, p. 65.

    37Id. at 93-94.

    38 See People v. Mamaruncas, G.R. No. 179497, January 25, 2012, 664 SCRA 182, 194-195, citing People v. Bernabe, G.R. No. 185726, October 16, 2009, 604 SCRA 216, 231.

    39 G.R. No. 185724, June 5, 2009, 588 SCRA 817.

    40Id. at 827-828.

    41Rollo, p. 100.

    42Id. at 25-27.

    43People v. Colorado, G.R. No. 200792, November 14, 2012, 685 SCRA 660, 672.

    44People v. Agcanas, G.R. No. 174476, October 11, 2011, 658 SCRA 842, 847, citing People v. Caisip, G.R. No. 119757, May 21, 1998, 290 SCRA 451, 456.

    45 Act No. 3815 (1930).

    46Toledo v. People, G.R. No. 158057, September 24, 2004, 439 SCRA 94, 104, citing Jarco Marketing Corporation v. Court of Appeals, G.R. No. 129792, December 21, 1999, 321 SCRA 375, 385.

    47People v. Castillo, G.R. No. 172695, June 29, 2007, 526 SCRA 215, 227, citing Toledo v. People, supra at 104.

    48People v. Castillo, supra, at 227 citing Toledo v. People, supra note 46, at 105.

    49 G.R. No. 127818, November 11, 1998, 298 SCRA 450.

    50People v. Nepomuceno, Jr., supra, at 459.

    51Rollo, pp. 27-31.

    52 G.R. No. 166326, January 25, 2006, 480 SCRA 188.

    53Rivera v. People, supra, at 197, citing People v. Delim, G.R. No. 142773, January 28, 2003, 396 SCRA 386, 400.

    54Rollo, p. 101.

    55Id. at 25, 51.

    56De Guzman, Jr. v. People, G.R. No. 178512, November 26, 2014, 742 SCRA 501, 506-507, citing Serrano v. People, G.R. No. 175023, July 5, 2010, 623 SCRA 322, 339.

    57 G.R. No. 202124, April 5, 2016.

    58People v. Caballero, G.R. No. 210673, June 29, 2016.

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


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