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Philippine Supreme Court Jurisprudence > Year 2018 > June 2018 Decisions > G.R. No. 191622, June 06, 2018 - ILUMINADA BATAC, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.:




G.R. No. 191622, June 06, 2018 - ILUMINADA BATAC, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 191622, June 06, 2018

ILUMINADA BATAC, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

R E S O L U T I O N

MARTIRES, J.:

Before this Court is a petition for review under Rule 45 of the Rules of Court, filed by petitioner Iluminada Batac (Batac) assailing the Decision1 of the Court of Appeals (CA) dated 6 November 2009 in CA-G.R. CR No. 29462.

The CA affirmed the decision of the Regional Trial Court (RTC) in Criminal Case No. SCC-3026, finding Batac guilty beyond reasonable doubt of Estafa defined under Article 315, paragraph 2(d) of the Revised Penal Code (RPC), as amended by Republic Act (R.A.) No. 4885, committed against private complainant Roger L. Frias (Frias).

Batac was charged as follows:

That sometime on November 8, 1998, in the public market, municipaljty of Malasiqui, [P]rovince of Pangasinan, Philippine[s], and within the jurisdiction of this Honorable Court, the above-named accused, knowing fully well that she had no funds in the bank to cover the amount of the checks, by means of false pretenses and deceit and with intent to defraud, did then and there willfully, unlawfully and feloniously make, issue and deliver to [Frias] several post-dated checks, to wit:

Check No.
Drawee Bank
Amount
Date
0050275
Prime Bank, Calasiao
P8,000.00
Nov. 18, 1998
0050278
-do-
8,500.00
-do-
0050263
-do-
8,000.00
-do-
0050265
-do-
7,500.00
-do-
0050277
-do-
8,000.00
-do-
0050262
-do-
8,000.00
-do-
0050260
-do-
8,500.00
Nov. 16, 1998
0050266
-do-
8,500.00
-do-
0050267
-do-
8,500.00
-do-
0050256
-do-
7,000.00
Nov. 12, 1998
0050257
-do-
5,000.00
-do-
0050255
-do-
8,000.00
-do-
0050258
-do-
5,000.00
Nov. 10, 1998
0050259
-do-
5,000.00
-do-


P103,500

in the amount of P103,500.00 and [Frias] accepted the said checks in a rediscounting manner after being convinced that [Batac] had sufficient funds in the bank and when said checks were presented for encashment with the drawee bank on their respective due dates, all checks were returned unpaid for reasons of "ACCOUNT CLOSED", and despite repeated demands made upon her, accused failed and refused and still fails and refuses to make good her checks, to the damage and prejudice of [Frias] in the total amount P103,500.00.

Contrary to Article 315, par. 2(d) of the Revised Penal Code.2

When arraigned, Batac pleaded not guilty, and trial thereafter ensued.

THE FACTS

Frias recounted that on 8 November 1998, Batac and one Erlinda Cabardo (Erlinda) went to his store, located inside the public market of the Municipality of Malasiqui, Pangasinan, to have her checks rediscounted. When Batac assured Frias that the checks were hers and were duly funded, he was persuaded to buy a total of fourteen (14) checks at a rediscounted rate of five percent (5%) of the total aggregate amount. Batac thereafter affixed her signature on the face of the checks in the presence of Frias.

Upon the due dates stated on the checks, Frias attempted to deposit the checks to his bank accounts. However, the drawee bank � Prime Bank, Calasiao Branch, Poblacion West, Calasiao, Pangasinan � refused payment for the reason "Account Closed" and thus returned the checks to Frias. Frias then proceeded to Batac's house to demand from her payment of the equivalent amount of the said checks, giving her five (5) days within which to complete payment. Batac failed to do so, prompting Frias to file the present case for estafa.

On the other hand, Batac maintains that it was Erlinda who issued and delivered the checks to Frias for rediscounting; and that she had never met nor transacted business with Frias. According to Batac, further raising doubt on Frias' assertions is the fact that the proceeds being claimed still amounts to P103,500.00, the aggregate amount of the checks involved, when there should have been a rediscounting fee of 5%; thus casting doubt on whether there was a rediscounting transaction at all. Consequently, Batac asserts, there is reasonable doubt that she committed estafa. Furthermore, Batac claims that if she has any criminal liability at all, it would only be for violation of Batas Pambansa Blg. 22 (B.P. Blg. 22), or the Bouncing Checks Law, instead of estafa.

After trial, the RTC found Batac guilty beyond reasonable doubt of the crime of estafa. The dispositive portion of the decision reads:

WHEREFORE, premises considered, Iluminada Batac is hereby found guilty beyond reasonable doubt as principal for estafa, defined under Article 315 2(d) of the Revised Penal Code, and she is hereby sentenced to an indeterminate penalty of imprisonment of 2 years, 10 months and 21 days of arresto mayor as minimum and 12 years of prision mayor as maximum.

Iluminada Batac is ordered to reimburse private complainant Roger Frias the amount of PhP103,500.00 with interest computed from the date of this decision.3

On appeal, the CA affirmed Batac's conviction. According to the CA, the prosecution was able to establish all the elements of estafa under Article 315, paragraph 2(d) of the RPC. The CA ruled that it was Batac's representations that the checks were funded which induced Frias to buy them at a rediscounted rate, to his damage and prejudice; and that Batac's knowledge of the insufficiency of funds was clearly established by her express admission. The CA, however, modified the penalty imposed.

The dispositive portion of the CA decision reads:

WHEREFORE, premises considered, the assailed Decision of the First Judicial Region, Regional Trial Court, Branch 56, San Carlos City, Pangasinan, in Criminal Case No. SCC-3026 is AFFIRMED with MODIFICATION. Accused-appellant Iluminada Batac is sentenced to an indeterminate penalty of imprisonment of 4 years and 2 months of prision correccional as minimum to 14 years, 8 months and 21 days of reclusion temporal as maximum.

By way of restitution, Iluminada Batac is ORDERED to PAY the offended party, Roger L. Frias, the amount of one hundred three thousand five hundred [pesos] (Php103,500.00) plus six (6%) percent interest per annum, counting from the filing of this case, i.e., 25 March 1999 up to the time [o]ur Decision becomes final and executory. Thereafter, the amount due shall further earn interest at twelve (12%) percent per annum, until the obligation is satisfied. No pronouncement as to Costs.4

THE COURT'S RULING

The Court finds no merit in the present petition.

At the outset, in contending that she should not be criminally liable for estafa because it was Erlinda, and not Batac, who issued and delivered the subject checks as well as defrauded Frias, Batac raised a factual issue.

It must be noted that only questions of law may be raised in a petition for review on certiorari. The resolution of the issue must rest solely on what the law provides on the given set of circumstances.5 If the issue invites a review of the evidence presented, such as the one posed by Batac, the question posed is one of fact.6 While the Court has admitted exceptions to this rule,7 it does not appear that any of those exceptions was alleged, substantiated, and proven by Batac. Thus, the factual findings of the courts a quo is binding upon this Court.8

Both the RTC and the CA correctly gave credence to Frias' testimony that Batac, together with Erlinda, personally met with him at his store and represented to him that the checks were funded. This was corroborated by his sister Ivy Luna Frias (Ivy), who testified that she was present during the transaction in question and that the exchange between Batac and Frias, as narrated by the latter, was consistent with Ivy's recollection.9

To controvert Frias' positive identification, Batac merely offered the defense of denial, as in fact in her petition she merely insists that it was Erlinda, not she, who committed the crime, without laying any basis for such conclusion. The Court has held that "positive identification destroys the defense of alibi and renders it impotent, especially where such identification is credible and categorical."10 There is no reason to doubt the credibility of the identification made by Frias, as corroborated by Ivy.

Moreover, the finding by the RTC of such fact, especially since it has been affirmed by the CA, is binding upon this Court.

The identity of Batac as a party to the subject transaction having been established, the issue now is whether Batac's guilt for the crime of estafa under Article 315, paragraph 2(d) of the RPC has been proven beyond reasonable doubt, as provided as follows:

2. By means of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:

x x x x

d) By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act.

Jurisprudence has consistently held that such estafa consists of the following elements: (1) the offender has postdated or issued a check in payment of an obligation contracted at the time of the postdating or issuance; (2) at the time of postdating or issuance of said check, the offender has no funds in the bank or the funds deposited are not sufficient to cover the amount of the check; and (3) the payee has been defrauded.11

It has been settled in jurisprudence that in the above-defined form of estafa, it is not the nonpayment of a debt which is made punishable, but the criminal fraud or deceit in the issuance of a check.12 Deceit has been defined as "the false representation of a matter of fact, whether by words or conduct by false or misleading allegations or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury."13

In People v. Reyes,14 the Court ruled that for estafa under the above provision to prosper, the issuance of the check must have been the inducement for the other party to part with his money or property, viz:

To constitute estafa under this provision, the act of postdating or issuing a check in payment of an obligation must be the efficient cause of the defraudation; as such, it should be either prior to or simultaneous with the act of fraud. The offender must be able to obtain money or property from the offended party because of the issuance of the check, whether postdated or not. It must be shown that the person to whom the check was delivered would not have parted with his money or property were it not for the issuance of the check by the other party. Stated otherwise, the check should have been issued as an inducement for the surrender by the party deceived of his money or property and not in payment of a pre-existing obligation.15 (emphasis and underlining supplied)

The prosecution sufficiently demonstrated Batac's deceit when it established that the latter induced Frias into buying the checks at a rediscounted rate by representing to him that she had enough funds in her account to cover them. In an effort to support her misrepresentation and further persuade Frias to believe her, Batac conveyed to him that she was a school teacher,16 presumably as a guarantee of her good reputation. Batac also signed the postdated checks in Frias' presence,17 presumably as a measure of good faith and an assurance that the signature therein was genuine. All these induced Frias to part with his money.

Further highlighting Batac's deceit was her knowledge, at the time she issued the subject checks, that she had no sufficient funds in her account to cover the amount involved. During trial, she expressly admitted that at the time she issued them, she only had a little over one thousand pesos in her account.18 Moreover, when informed by Frias of the dishonor of the checks, Batac failed to pay the amounts thereon within the 5-day grace period given to her by Frias, prompting him to file the instant case.19

There is thus no merit to Batac's contention that, at most, she can only be held liable for violation of B.P. Blg. 22. While sourced from the same act, i.e., the issuance of a check subsequently dishonored, estafa and violation of B.P. Blg. 22 are separate and distinct from each other because they pertain to different causes of action.20 The Court has held that, among other differences, damage and deceit are essential elements for estafa under Article 315 2(d) of the RPC, but are not so for violation under B.P. Blg. 22, which punishes the mere issuance of a bouncing check, to wit:

What petitioner failed to mention in his argument is the fact that deceit and damage are essential elements in Article 315 (2-d) [of the] Revised Penal Code, but are not required in Batas Pambansa Bilang 22. Under the latter law, mere issuance of a check that is dishonored gives rise to the presumption of knowledge on the part of the drawer that he issued the same without sufficient funds and hence punishable which is not so under the Penal Code. Other differences between the two also include the following: (1) a drawer of a dishonored check may be convicted under Batas Pambansa Bilang 22 even if he had issued the same for a preexisting obligation, while under Article 315 (2-d) of the Revised Penal Code, such circumstance negates criminal liability; (2) specific and different penalties are imposed in each of the two offenses; (3) estafa is essentially a crime against property, while violation of Batas Pambansa Bilang 22 is principally a crime against public interest as it does injury to the entire banking system; (4) violations of Article 315 of the Reyised Penal Code are mala in se, while those of Batas Pambansa Bilang 22 are mala prohibita.21 (emphasis and underlining supplied)

Batac attempts to punch holes in Frias' testimony by pointing out that the proceeds being claimed by the latter amounts to P103,500.00, the aggregate amount of the checks involved, when there should have been a rediscounting fee of 5%, casting doubt that there was a rediscounting transaction at all. No cloud of suspicion could be gathered from this fact alone. Frias has been defrauded of the aggregate amount of the checks she had issued, as this was the amount Frias expected to secure from the transaction: precisely, he was induced to buy the subject checks by the guarantee that he would obtain the amounts stated therein on the dates so stated, but at a price lower than the aggregate amounts on the date of the subject transaction with Batac. The aggregate amount therein is the subject of Batac's deceit and the amount of which Frias was defrauded.

As previously discussed, Batac's deceit and the damage to Frias in the subject transaction have been duly proven by the former's own admissions and the clear, credible, and positive testimonies of the prosecution witnesses, to which Batac offered no sufficient refutation but a mere denial. Accordingly, her conviction for estafa must be upheld.

The penalty imposed by the CA, however, must be modified in view of the amendments embodied in R.A. No. 10951, to wit:

Section 85. Article 315 of the same Act, as amended by Republic Act No. 4885, Presidential Decree No. 1689, and Presidential Decree No. 818, is hereby further amended to read as follows:

Art. 315. Swindling (estafa). � Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over Two million four hundred thousand pesos (P2,400,000) but does not exceed Four million four hundred thousand pesos (P4,400,000), and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional Two million pesos (P2,000,000); but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over One million two hundred thousand pesos (P1,200,000) but does not exceed Two million four hundred thousand pesos (P2,400,000).

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if such amount is over Forty thousand pesos (P40,000) but does not exceed One million two hundred thousand pesos (P1,200,000). (emphasis and underlining supplied)

4th. By arresto mayor in its medium and maximum periods, if such amount does not exceed Forty thousand pesos (P40,000): Provided, That in the four cases mentioned, the fraud be committed by any of the following means:

x x x x

Considering that the amount involved in the subject transaction is P103,500.00, the proper imposable penalty is arresto mayor in its maximum period to prision correccional in its minimum period. This has a range of 4 months and 1 day to 2 years and 4 months, with a minimum period of 4 months and 1 day to 1 year, a medium period of 1 year and 1 day to 1 year and 8 months, and a maximum period of 1 year, 8 months and 1 day to 2 years and 4 months.

Applying the Indeterminate Sentence Law (ISL), the minimum term, which is left to the sound discretion of the court,22 should be within the range of the penalty next lower than the aforementioned penalty, which is left to the sound discretion of the court.23 The penalty next lower is arresto mayor in its minimum and medium periods, with a range of 1 month and 1 day to 4 months. The Court now fixes the minimum at 4 months. On the other hand, the maximum term is that which, in view of the attending circumstances, could be properly imposed under the RPC rules.24 Under Article 64 of the RPC, the penalty prescribed shall be imposed in its medium period when there are neither aggravating nor mitigating circumstances. Since none of these circumstances are attendant in the case at bar, the maximum term is the medium period of arresto mayor maximum to prision correccional minimum, at 1 year and 1 day to 1 year and 8 months.

In line with current policy,25 the Court also modifies the rate of interest imposed by the CA. Such interest shall be imposed at the legal rate of six percent (6%) per annum on the monetary award, from the date of finality of this Decision until fully paid.

WHEREFORE, the 6 November 2009 Decision of the Court of Appeals in CA-G.R. CR No. 29462 is MODIFIED with respect to the penalty imposed on petitioner Iluminada Batac. The indeterminate sentence imposed on petitioner Iluminada Batac is hereby reduced to 4 months of arresto mayor, as minimum, and 1 year and 8 months of prision correccional, as maximum. The monetary award shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Decision until fully paid.

In all other respects, the Decision of the Court of Appeals is AFFIRMED.

SO ORDERED.

Velasco, Jr., (Chairperson), Bersamin, Leonen, and Gesmundo, JJ., concur.



July 6, 2018

NOTICE OF JUDGMENT

Sirs/Mesdames:

Please take notice that on June 6, 2018 a Resolution, copy attached hereto, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on July 6, 2018 at 2:47 p.m.

Very truly yours,

(SGD.) WILFREDO V. LAPITAN
Division Clerk of Court


Endnotes:


1Rollo, pp. 56-72; penned by Associate Justice Jane Aurora C. Lantion, and concurred in by Associate Justices Mario L. Guarina III and Mariflor P. Punzalan Castillo.

2 Id. at 21-22.

3 Id. at 26.

4 Id. at 71-72.

5Century Iron Works, Inc. v. Ba�as, 711 Phil. 576, 585-586 (2013).

6 Id. at 586.

7Pascual v. Burgos, 776 Phil. 167, 182-183 (2016), where the Court, citing Medina v. Mayor Asistio Jr., 269 Phil. 225, 232 (1990) reiterated the exceptions, viz:

(1)
When the conclusion is a finding grounded entirely on speculation, surmises or conjectures;
(2)
When the inference made is manifestly mistaken, absurd or impossible;
(3)
Where there is a grave abuse of discretion;
(4)
When the judgment is based on a misapprehension of facts;
(5)
When the findings of fact are conflicting;
(6)
When the Court of Appeals, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee;
(7)
The findings of the Court of Appeals are contrary to those of the trial court;
(8)
When the findings of fact are conclusions without citation of specific evidence on which they are based;
(9)
When the facts set forth in the petition as well as in the petitioner's main and reply briefs are not disputed by the respondents; and
(10)
The finding of fact of the Court of Appeals is premised on the supposed absence of evidence and is contradicted by the evidence on record.

8 Id. at 182.

9 TSN, 19 January 2001, pp. 3-8.

10People v. Anticamara, 666 Phil. 484, 508 (2011).

11Lopez v. People, 578 Phil. 486, 491-492.

12 Id. at 492.

13 Id.

14 298 Phil. 661 (1993).

15 Id. at 669.

16 TSN, 8 February 2000, pp. 13-20; TSN, 19 January 2001, pp. 3-8.

17 Id.

18 TSN, 1 December 2001, pp. 34-35.

19 TSN, 8 February 2000, pp. 19-20.

20Rimando v. Aldaba, 745 Phil. 358, 364 (2014).

21 Id.

22Vasquez v. People, 566 Phil. 507, 513 (2008).

23 Indeterminate Sentence Law, Section 1.

24 Id.

25People v. Jugueta, 783 Phil. 806, 854 (2016) citing Nacar v. Gallery Frames, 716 Phil. 267, 283 (2013).




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  • G.R. No. 205953, June 06, 2018 - DIONELLA A. GOPIO, DOING BUSINESS UNDER THE NAME AND STYLE, JOB ASIA MANAGEMENT SERVICES, Petitioner, v. SALVADOR B. BAUTISTA, Respondents.

  • G.R.No. 202324, June 04, 2018 - CONCHITA GLORIA AND MARIA LOURDES GLORIA-PAYDUAN, Petitioners, v. BUILDERS SAVINGS AND LOAN ASSOCIATION, INC., Respondent.

  • G.R. No. 190324, June 06, 2018 - PHILIPPINE PORTS AUTHORITY, Petitioner, v. THE CITY OF DAVAO, SANGGUNIANG PANGLUNGSOD NG DAVAO CITY, CITY MAYOR OF DAVAO CITY, CITY TREASURER OF DAVAO CITY, CITY ASSESSOR OF DAVAO CITY, AND CENTRAL BOARD OF ASSESSMENT APPEALS (CBAA), Respondents.

  • G.R. No. 234616, June 20, 2018 - PHILIPPINE DEPOSIT INSURANCE CORPORATION, Petitioner, v. MANU GIDWANI, Respondent.

  • G.R. No. 200630, June 04, 2018 - KIM LIONG, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 204307, June 06, 2018 - ORIENT HOPE AGENCIES, INC. AND/OR ZEO MARINE CORPORATION, Petitioners, v. MICHAEL E. JARA, Respondent.

  • G.R. No. 215111, June 20, 2018 - ABOSTA SHIPMANAGEMENT CORPORATION, PANSTAR SHIPPING CO., LTD., AND/OR GAUDENCIO MORALES, Petitioners, v. RODEL D. DELOS REYES, Respondent.

  • G.R. No. 233702, June 20, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANUEL GAMBOA Y FRANCISCO @ "KUYA," Accused-Appellant.

  • G.R. No. 214053, June 06, 2018 - TEODORICO CASTILLO, ALICE CASTILLO, AND ST. EZEKIEL SCHOOL, INC., Petitioners, v. BANK OF THE PHILIPPINE ISLANDS, Respondent.

  • G.R. No. 227394, June 06, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NORJANA SOOD Y AMATONDIN, Accused-Appellant.

  • A.C. No. 12156, June 20, 2018 - PAULINO LIM, Complainant, v. ATTY. SOCRATES R. RIVERA, Respondent.

  • G.R. No. 189792, June 20, 2018 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. CEBU HOLDINGS, INC., Respondent.

  • G.R. No. 229787, June 20, 2018 - RICKY ANYAYAHAN Y TARONAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 218413, June 06, 2018 - FELICIANO S. PASOK, JR., Petitioner, v. OFFICE OF THE OMBUDSMAN�MINDANAO AND REX Y. DUA, Respondents.

  • G.R. No. 204183, June 20, 2018 - BARANGAY TONGONAN, ORMOC CITY, REPRESENTED BY ITS PUNONG BARANGAY, ISAGANI R. BA�EZ, Petitioner, v. HON. APOLINARIO M. BUAYA, IN HIS CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 35, ORMOC CITY, CITY GOVERNMENT OF ORMOC, REPRESENTED BY ITS MAYOR, HONORABLE ERIC C. CODILLA, THE MUNICIPALITY OF KANANGA, LEYTE, REPRESENTED BY ITS MAYOR, HONORABLE GIOVANNI M. NAPARI, AND PHILIPPINE NATIONAL DEVELOPMENT CORP.* (PNOC-EDC), REPRESENTED BY ITS PRESIDENT MR. PAUL AQUINO, Respondents.

  • G.R. No. 200223, June 06, 2018 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. LAKAMBINI C. JABSON, PARALUMAN C. JABSON, MAGPURI C. JABSON, MANUEL C. JABSON III, EDGARDO C. JABSON, RENATO C. JABSON, NOEL C. JABSON, AND NESTOR C. JABSON, REPRESENTED BY LAKAMBINI C. JABSON, ATTORNEY-IN-FACT, Respondents.

  • G.R. No. 218269, June 06, 2018 - IN RE: APPLICATION FOR LAND REGISTRATION, SUPREMA T. DUMO, Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 228960, June 11, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUNREL R. VILLALOBOS, Accused-Appellants.

  • G.R. No. 205925, June 20, 2018 - BASES CONVERSION AND DEVELOPMENT AUTHORITY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 228504, June 06, 2018 - PHILSYNERGY MARITIME, INC. AND/OR TRIMURTI SHIPMANAGEMENT LTD., Petitioners, v. COLUMBANO PAGUNSAN GALLANO, JR., Respondent.

  • G.R. No. 224327, June 11, 2018 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. BANK OF THE PHILIPPINE ISLANDS, Respondent.

  • G.R. No. 222497, June 27, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO RUPAL, Accused-Appellant.

  • A.M. No. RTJ-16-2460, June 27, 2018 - ATTY. JEROME NORMAN L. TACORDA AND LETICIA RODRIGO-DUMDUM, Complainants, v. JUDGE PERLA V. CABRERA-FALLER, EXECUTIVE JUDGE, AND OPHELIA G. SULUEN, OFFICER-IN-CHARGE/LEGAL RESEARCHER II, BOTH OF BRANCH 90, REGIONAL TRIAL COURT, DASMARI�AS CITY, CAVITE, Respondents.

  • G.R. No. 217301, June 06, 2018 - CONSOLIDATED BUILDING MAINTENANCE, INC. AND SARAH DELGADO, Petitioners, v. ROLANDO ASPREC, JR. AND JONALEN BATALLER, Respondents.

  • G.R. No. 219670, June 27, 2018 - J.V. LAGON REALTY CORP., REPRESENTED BY NENITA L. LAGON IN HER CAPACITY AS PRESIDENT, Petitioner, v. HEIRS OF LEOCADIA VDA. DE TERRE, NAMELY: PURIFICACION T. BANSILOY, EMILY T. CAMARAO, AND DOMINADOR A. TERRE, AS REPRESENTED BY DIONISIA T. CORTEZ, Respondents.

  • G.R. No. 229380, June 06, 2018 - LENIZA REYES Y CAPISTRANO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 209085, June 06, 2018 - NICANOR F. MALCABA, CHRISTIAN C. NEPOMUCENO, AND LAURA MAE FATIMA F. PALIT-ANG, Petitioners, v. PROHEALTH PHARMA PHILIPPINES, INC., GENEROSO R. DEL CASTILLO, JR., AND DANTE M. BUSTO, Respondents.

  • G.R. No. 224290, June 11, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VICENTE SIPIN Y DE CASTRO, Accused-Appellants.

  • A.M. No. RTJ-16-2454, June 06, 2018 - PHILIP SEE, Complainant, v. JUDGE ROLANDO G. MISLANG, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 167, PASIG CITY, Respondent.

  • G.R. No. 202113, June 06, 2018 - RICKY B. TULABING, Petitioner, v. MST MARINE SERVICES (PHILS.), INC., TSM INTERNATIONAL LTD., AND/OR CAPT. ALFONSO R. DEL CASTILLO, Respondent.; G.R. No. 202120, June 06, 2018 - MST MARINE SERVICES (PHILS.), INC., TSM INTERNATIONAL LTD., AND/OR CAPT. ALFONSO R. DEL CASTILLO, Petitioners, v. RICKY B. TULABING, Respondent.

  • G.R. No. 224626, June 27, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. YYY, Accused-Appellant.

  • G.R. No. 223566, June 27, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUNIE (OR DIONEY) SALVADOR, SR. Y MASAYANG, Accused-Appellant.

  • G.R. No. 224849, June 06, 2018 - HEIRS OF ERNESTO MORALES, NAMELY: ROSARIO M. DANGSALAN, EVELYN M. SANGALANG, NENITA M. SALES, ERNESTO JOSE MORALES, JR., RAYMOND MORALES, AND MELANIE MORALES, Petitioners, v. ASTRID MORALES AGUSTIN, REPRESENTED BY HER ATTORNEY-IN-FACT, EDGARDO TORRES, Respondent.

  • G.R. No. 220141, June 27, 2018 - PEOPLE OF THE PHILIPPINES Plaintiff-Appellee, v. ARNULFO BALENTONG BERINGUIL, Accused-Appellant.

  • G.R. No. 194455, June 27, 2018 - SPOUSES AVELINA RIVERA-NOLASCO AND EDUARDO A. NOLASCO, Petitioners, v. RURAL BANK OF PANDI, INC., Respondent.

  • G.R. No. 213918, June 27, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EVANGELINE ABELLA Y SEDEGO AND MAE ANN SENDIONG, Accused-Appellants.

  • G.R. No. 196681, June 27, 2018 - CITY OF MANILA AND OFFICE OF THE CITY TREASURER OF MANILA, Petitioners, v. COSMOS BOTTLING CORPORATION, Respondent.

  • A.M. No. P-16-3586 (Formerly A.M. No. 14-4-43-MCTC), June 05, 2018 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. CLERK OF COURT II MICHAEL S. CALIJA, MUNICIPAL CIRCUIT TRIAL COURT (MCTC), DINGRAS-�MARCOS, ILOCOS NORTE, Respondent.

  • G.R. No. 218947, June 20, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. REY ANGELES Y NAMIL Accused-Appellant.

  • G.R. Nos. 211820-21, June 06, 2018 - KENSONIC, INC., Petitioner, v. UNI-LINE MULTI-RESOURCES, INC., (PHIL.), Respondent.; G.R. Nos. 211834-35, June 06, 2018 - UNI-LINE MULTI-RESOURCES, INC., Petitioner, v. KENSONIC, INC., Respondent.

  • G.R. No. 228960, June 11, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUNREL R. VILLALOBOS, Accused-Appellant.

  • G.R. No. 222559, June 06, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JENNIFER GA-A Y CORONADO, Accused; AQUILA "PAYAT" ADOBAR, Accused-Appellant.

  • G.R. No. 218806, June 13, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GLORIA NANGCAS Accused-Appellant.

  • G.R. No. 226002, June 25, 2018 - LINO A. FERNANDEZ, JR., Petitioner, v. MANILA ELECTRIC COMPANY (MERALCO), Respondent.

  • G.R. No. 211876, June 25, 2018 - ASIAN TERMINALS, INC., Petitioner, v. PADOSON STAINLESS STEEL CORPORATION, Respondent.

  • G.R. No. 231884, June 27, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MICHELLE PARBA-RURAL AND MAY ALMOHAN-DAZA, Accused-Appellants.

  • G.R. No. 229678, June 20, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. HERMINIO VIDAL, JR. Y UAYAN @ "PATO," ARNOLD DAVID Y CRUZ @ "ANOT," CIPRIANO REFREA, JR. Y ALMEDA @ "COBRA," RICARDO H. PINEDA @ "PETER," EDWIN R. BARQUEROS @ "MARVIN," AND DANIEL YASON@ "ACE," Accused.; HERMINIO VIDAL, JR. Y UAYAN @ "PATO," AND ARNOLD DAVID Y CRUZ @ "ANOT," Accused-Appellants.

  • G.R. No. 206992, June 11, 2018 - LAND BANK OF THE PHILIPPINES, Petitioner, v. HEREDEROS DE CIRIACO CHUNACO DISTILERIA, INC., Respondent.

  • G.R. No. 207004, June 06, 2018 - ASTRID A. VAN DE BRUG, MARTIN G. AGUILAR AND GLENN G. AGUILAR, Petitioners, v. PHILIPPINE NATIONAL BANK, Respondent.

  • G.R. No. 195999, June 20, 2018 - LILY S. VILLAMIL, SUBSTITUTED BY HER HEIRS RUDY E. VILLAMIL, SOLOMON E. VILLAMIL, TEDDY E. VILLAMIL, JR., DEBORAH E. VILLAMIL, FLORENCE E. VILLAMIL, GENEVIEVE E. VILLAMIL, AND MARC ANTHONY E. VILLAMIL, Petitioner, v. SPOUSES JUANITO ERGUIZA AND MILA ERGUIZA, Respondents.

  • A.C. No. 11396, June 20, 2018 - FRANCO B. GONZALES, Complainant, v. ATTY. DANILO B. BA�ARES, Respondent.

  • G.R. No. 217916, June 20, 2018 - ABS-CBN PUBLISHING, INC., Petitioner, v. DIRECTOR OF THE BUREAU OF TRADEMARKS, Respondent.

  • G.R. No. 219963, June 13, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appelle, v. RICARDO TANGLAO Y EGANA, Accused-Appellant.

  • A.C. No. 3921, June 11, 2018 - DELFINA HERNANDEZ SANTIAGO, Complainant, v. ATTY. ZOSIMO SANTIAGO AND ATTY. NICOMEDES TOLENTINO, Respondents.

  • G.R. No. 217781, June 20, 2018 - SAN MIGUEL PURE FOODS COMPANY, INC., Petitioner, v. FOODSPHERE, INC., Respondent.; G.R. No. 217788, June 20, 2018 - FOODSPHERE, INC., Petitioner, v. SAN MIGUEL PURE FOODS COMPANY, INC., Respondent.

  • G.R. No. 230953, June 20, 2018 - GOVERNMENT SERVICE INSURANCE SYSTEM BOARD OF TRUSTEES AND CRISTINA V. ASTUDILLO, Petitioners, v. THE HON. COURT OF APPEALS - CEBU CITY AND FORMER JUDGE MA. LORNA P. DEMONTEVERDE, Respondents.

  • G.R. No. 206331, June 04, 2018 - DEPARTMENT OF AGRARIAN REFORM MULTI-PURPOSE COOPERATIVE (DARMPC), Petitioner, v. CARMENCITA DIAZ, REPRESENTED BY MARY CATHERINE M. DIAZ; EMMA CABIGTING; AND NINA T. SAMANIEGO, Respondents.

  • A.C. No. 10992, June 19, 2018 - RODOLFO M. YUMANG, CYNTHIA V. YUMANG AND ARLENE TABULA, Complainants, v. ATTY. EDWIN M. ALAESTANTE, Respondent.; A.C. No. 10993, , June 19, 2018 - BERLIN V. GABERTAN AND HIGINO GABERTAN, Complainants, v. ATTY. EDWIN M. ALAESTANTE, Respondent.

  • G.R. No. 226485, June 06, 2018 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BERNIE DELOCIEMBRE Y ANDALES AND DHATS ADAM Y DANGA, Accused-Appellants.

  • G.R. No. 199930, June 27, 2018 - MELITA O. DEL ROSARIO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 212348, June 19, 2018 - CAREER EXECUTIVE SERVICE BOARD, REPRESENTED BY ITS EXECUTIVE DIRECTOR, MARIA ANTHONETTE VELASCO-ALLONES, Petitioner, v. COMMISSION ON AUDIT; THE AUDIT TEAM LEADER, CAREER EXECUTIVE SERVICE BOARD; AND THE SUPERVISING AUDITOR, CLUSTER A - GENERAL PUBLIC SERVICES I, NATIONAL GOVERNMENT SECTOR, Respondents.

  • G.R. No. 233480, June 20, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MELANIE B. MERCADER, Accused-Appellant.

  • G.R. No. 217028, June 13, 2018 - PEOPLE OF THE PHILIPPINES Plaintiff-Appellee, v. BENJAMIN DOMASIG A.K.A. "MANDO" OR "PILIKITOT" Accused-Appellant.

  • G.R. No. 199625, June 06, 2018 - JEROME R. CANLAS, Petitioner, v. GONZALO BENJAMIN A. BONGOLAN, ELMER NONNATUS A. CADANO, MELINDA M. ADRIANO, RAFAEL P. DELOS SANTOS, CORAZON G. CORPUZ, DANILO C. JAVIER, AND JIMMY B. SARONA, Respondents.

  • G.R. No. 187186, June 06, 2018 - ALICIA C. GALINDEZ, Petitioner, v. SALVACION FIRMALAN; THE HON. OFFICE OF THE PRESIDENT THROUGH THE HON. OFFICE OF THE EXECUTIVE SECRETARY; AND THE REGIONAL EXECUTIVE DIRECTOR, DENR-REGION IV, Respondent.

  • G.R. No. 199455, June 27, 2018 - FEDERAL EXPRESS CORPORATION, Petitioner, v. LUWALHATI R. ANTONINO AND ELIZA BETTINA RICASA ANTONINO, Respondents.

  • G.R. No. 200678, June 04, 2018 - BANCO FILIPINO SAVINGS AND MORTGAGE BANK, Petitioner, v. BANGKO SENTRAL NG PILIPINAS AND THE MONETARY BOARD, Respondents.

  • G.R. No. 202836, June 19, 2018 - FIRST SARMIENTO PROPERTY HOLDINGS, INC., Petitioner, v. PHILIPPINE BANK OF COMMUNICATIONS, Respondent.

  • A.C. No. 11944 (Formerly CBD No. 12-3463), June 20, 2018 - BSA TOWER CONDOMINIUM CORPORATION, Complainant, v. ATTY. ALBERTO CELESTINO B. REYES II, Respondent.

  • G.R. No. 218330, June 27, 2018 - HEIRS OF MARCELIANO N. OLORVIDA, JR., REPRESENTED BY HIS WIFE, NECITA D. OLORVIDA, Petitioner, v. BSM CREW SERVICE CENTRE PHILIPPINES, INC., AND/OR BERNHARD SCHULTE SHIP MANAGEMENT (CYPRUS) LTD. AND/OR NARCISSUS L. DURAN, Respondents.

  • G.R. No. 234018, June 06, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EVANGELINE DE DIOS Y BARRETO, Accused-Appellant.

  • A.M. No. P-18-3843 (Formerly OCA IPI No. 16-4612-P), June 25, 2018 - CONCERNED CITIZENS, Complainants, v. RUTH TANGLAO SUAREZ� HOLGUIN, UTILITY WORKER 1, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, ANGELES CITY, PAMPANGA, Respondent.

  • A.C. No. 12084, June 06, 2018 - HERNANIE P. DANDOY, Complainant, v. ATTY. ROLAND G. EDAYAN, Respondent.

  • G.R. No. 232666, June 20, 2018 - FIELD INVESTIGATION UNIT-OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON, Petitioner, v. RAQUEL A. DE CASTRO, Respondent.

  • G.R. No. 185484, June 27, 2018 - FRANCISCO I. CHAVEZ, Petitioner, v. IMELDA R. MARCOS, Respondent.

  • G.R. Nos. 203797-98, June 27, 2018 - CARMENCITA O. REYES, Petitioner, v. SANDIGANBAYAN (FIRST DIVISION), OFFICE OF THE SPECIAL PROSECUTOR, OFFICE OF THE OMBUDSMAN, AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 227427, June 06, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DELIA CALLEJO Y TADEJA AND SILVERA ANTOQUE Y MOYA@ "INDAY", Accused-Appellants.

  • G.R. No. 194983, June 20, 2018 - PHILIPPINE NATIONAL BANK, Petitioner, v. ANTONIO BACANI, RODOLFO BACANI, ROSALIA VDA. DE BAYAUA, JOSE BAYAUA AND JOVITA VDA. DE BAYAUA, Respondent.

  • A.C. No. 12025, June 20, 2018 - EDMUND BALMACEDA, Complainant, v. ATTY. ROMEO Z. USON, Respondent.

  • G.R. No. 231133, June 06, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARVIN MADRONA OTICO, Accused-Appellant.

  • A.C. No. 12121 (Formerly CBD Case No. 14-4322), June 27, 2018 - CELESTINO MALECDAN, Complainant, v. ATTY. SIMPSON T. BALDO, Respondent.

  • G.R. No. 220517, June 20, 2018 - LOLITA ESPIRITU SANTO MENDOZA AND SPS. ALEXANDER AND ELIZABETH GUTIERREZ, Petitioners, v. SPS. RAMON, SR. AND NATIVIDAD PALUGOD, Respondents.

  • G.R. No. 230170, June 06, 2018 - MA. SUGAR M. MERCADO AND SPOUSES REYNALDO AND YOLANDA MERCADO, Petitioners, v. HON.JOEL SOCRATES S. LOPENA [PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 33, QUEZON CITY], HON. JOHN BOOMSRI S. RODOLFO [PRESIDING JUDGE, METROPOLITAN TRIAL COURT, BRANCH 38, QUEZON CITY], HON. REYNALDO B. DAWAY [PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 90, QUEZON CITY], HON. ROBERTO P. BUENAVENTURA [PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 86, QUEZON CITY], HON. JOSE L. BAUTISTA, JR. [PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 107, QUEZON CITY], HON. VITALIANO AGUIRRE II (IN HIS CAPACITY AS SECRETARY OF JUSTICE), BON. DONALD LEE (IN HIS CAPACITY AS THE CHIEF OF THE OFFICE OF THE CITY PROSECUTOR OF QUEZON CITY), KRISTOFER JAY I. GO, PETER AND ESTHER GO, KENNETH ROUE I. GO, CASEY LIM JIMENEZ, CRISTINA PALILEO, AND RUEL BALINO, Respondents.

  • G.R. No. 229302, June 20, 2018 - CONSOLIDATED DISTILLERS OF THE FAR EAST, INC., Petitioner, v. ROGEL N. ZARAGOZA, Respondent.

  • G.R. No. 227504, June 13, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO GRABADOR, JR., ROGER ABIERRA, DANTE ABIERRA AND ALEX ABIERRA, Accused,; ALEX ABIERRA, Accused-Appellant.

  • A.M. No. RTJ-18-2525 (Formerly OCA IPI No. 15-4435-RTJ), June 25, 2018 - SAMUEL N. RODRIGUEZ, Complainant, v. HON. OSCAR P. NOEL, JR., EXECUTIVE JUDGE/PRESIDING JUDGE, REGIONAL TRIAL COURT OF GENERAL SANTOS CITY, BRANCH 35, Respondent.

  • G.R. No. 217027, June 06, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NARCISO SUPAT Y RADOC ALIAS "ISOY", Accused-Appellant.

  • G.R. No. 202408, June 27, 2018 - FAROUK B. ABUBAKAR, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. No. 202409 - ULAMA S. BARAGUIR Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.; G.R. No. 202412 - DATUKAN M. GUIANI Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 234288, June 27, 2018 - PEOPLE OF THE PHILIPPINES v. BINAD CHUA Y MAIGE

  • G.R. No. 205409, June 13, 2018 - CITIGROUP, INC., Petitioner, v. CITYSTATE SAVINGS BANK, INC. Respondent.

  • G.R. No. 199515, June 25, 2018 - RHODORA ILUMIN RACHO, A.K.A. "RHODORA RACHO TANAKA," Petitioner, v. SEIICHI TANAKA, LOCAL CIVIL REGISTRAR OF LAS PI�AS CITY, AND THE ADMINISTRATOR AND CIVIL REGISTRAR GENERAL OF THE NATIONAL STATISTICS OFFICE, Respondents.

  • G.R. No. 182307, June 06, 2018 - BELINA CANCIO AND JEREMY PAMPOLINA, Petitioners, v. PERFORMANCE FOREIGN EXCHANGE CORPORATION, Respondent.

  • A.M. No. RTJ-18-2527 (Formerly OCA IPI No. 16-4563-RTJ), June 18, 2018 - ATTY. MAKILITO B. MAHINAY, Complainant, v. HON. RAMON B. DAOMILAS, JR., PRESIDING JUDGE, AND ATTY. ROSADEY E. FAELNAR-BINONGO, CLERK OF COURT V, BOTH OF BRANCH 11, REGIONAL TRIAL COURT, CEBU CITY, CEBU, Respondents.

  • G.R. No. 230991, June 11, 2018 - HILARIO B. ALILING, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.C. No. 11326 (Formerly CBD Case No. 14-4305), June 27, 2018 - PELAGIO VICENCIO SORONGON, JR., Complainant, v. ATTY. RAMON Y. GARGANTOS, SR., Respondent.

  • G.R. Nos. 224131-32, June 25, 2018 - SM INVESTMENTS CORPORATION, Petitioner, v. MAC GRAPHICS1 CARRANZ INTERNATIONAL CORP., Respondent.; G.R. Nos. 224337-38, June 25, 2018 - PRIME METROESTATE, INC., Petitioner, v. MAC GRAPHICS CARRANZ INTERNATIONAL CORP., Respondent.

  • G.R. No. 212156, June 20, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GERRY AGRAMON, Accused-Appellant.

  • G.R. No. 190512, June 20, 2018 - D.M. RAGASA ENTERPRISES, INC., Petitioner, v. BANCO DE ORO, INC. (FORMERLY EQUITABLE PCI BANK, INC.), Respondent.

  • G.R. No. 232299, June 20, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBERTO ANDRADA Y CAAMPUED, Accused-Appellant.

  • G.R. No. 213273, June 27, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO B. SIEGA, Accused-Appellant.