Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2010 > January 2010 Resolutions > [G.R. No. 188807 : January 18, 2010] JUDGE VICENTE S. PULIDO, PETITIONER VS. HI-WOOD AGRI-INDUSTRIES, INC. AND ENGR. LEONARDO P. DIMACULANGAN, RESPONDENTS.:




SECOND DIVISION

[G.R. No. 188807 : January 18, 2010]

JUDGE VICENTE S. PULIDO, PETITIONER VS. HI-WOOD AGRI-INDUSTRIES, INC. AND ENGR. LEONARDO P. DIMACULANGAN, RESPONDENTS.

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated 18 January 2010:

G.R. No. 188807 - JUDGE VICENTE S. PULIDO, petitioner -versus- HI-WOOD AGRI-INDUSTRIES, INC. and ENGR. LEONARDO P. DIMACULANGAN, respondents.

On August 4, 2009, the petitioner filed an "Urgent Petition to Declare Null and Void Ah Initio the Following: a) The Judgment of the CA dated May 18, 2006; and b) the Minute Resolutions of this Court dated January 21, 2008 and April 14, 2008, respectively, addressed to the Court En Banc."

On October 5, 2009, this Court (Second Division) issued a Resolution dismissing the Petition on the ground that a final and executory judgment of the Court is not appealable to the Court En Banc. We also directed Atty. Marcial Morfe Magsino, petitioner's counsel, to show cause why he should not be punished for contempt for filing the petition.

In light of the CA findings of gross negligence and misconduct against Atty. Napoleon Apostol (former counsel of Hi-wood Agri-Industries, the defendant before the RTC), the Court in the same Resolution determined to: (1) treat the CA finding as an administrative complaint against Atty. Napoleon L. Apostol, (2) direct the Office of the Bar Confidant (OBC) to docket the complaint as a regular administrative matter, and (3) refer the case to the OBC for appropriate action.

On November 24, 2009, the petitioner filed a motion to reconsider our Resolution of October 5, 2009, and to inhibit the Second Division from deciding the case. The petitioner reiterated his previous arguments stated in his petition that the January 21, 2008 and April 14, 2008 Resolutions of this Court are null and void for having been rendered in violation of Rule 47 of the Rules of Court, the doctrines of res judicata, hierarchy of courts, stare decisis and forum shopping, as well as of several Supreme Court decisions. The petitioner posited, too, that the Second Division has no jurisdiction to decide the case, and at the same time moved for its inhibition "to assure himself of fair and impartial judgment for his peace of mind."

After due consideration of the petitioner's motion and its prayers, and the COMPLIANCE dated November 23, 2009 filed by Atty. Marcial Morfe Magsino (stating that he merely assisted former Judge Vicente S. Pulido based on his interpretation of the facts and the law as relayed to him by the latter and that he had not done anything irregular or improper in assisting Judge Pulido), we are satisfied with the explanation and, accordingly, absolve Atty. Marcial Morfe Magsino from any liability for contempt of court.

In light of the CA findings of extrinsic fraud that has officially been brought to our attention, we direct the petitioner, former Judge Vicente S. Pulido, to explain within ten (10) days why no administrative charge for gross misconduct as a member of the bar should be lodged against him for his direct participation/complicity in the extrinsic fraud the CA found in CA-GR. SP No. 87889.

For lack of merit, we DENY the motion for reconsideration for the inhibition of the Second Division, and REITERATE our DENIAL of the motion to refer the case to the Court En Bane.

We hold in abeyance our action on the motion to reconsider our Resolution of October 5, 2009 dismissing the petition, until after former Judge Vicente S. Pulido shall have submitted his explanation.

SO ORDERED.

WITNESS the Honorable Antonio T. Carpio, Chairperson, Honorable Arturo D. Brion, Mariano C. Del Castillo, Roberto A. Abad and Jose P. Perez, Members, Second Division, this 18th day of January, 2010.

Very truly yours,

(Sgd.) MA. LUISA L. LAUREA
Clerk of Court



Back to Home | Back to Main


chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






January-2010 Jurisprudence                 

  • [G.R. No. 166679 : January 27, 2010] TAGAYTAY CITY, REPRESENTED BY ITS HONORABLE MAYOR, PETITIONER, VS. SPOUSES ERNESTO DE LOS REYES AND MILAGROS DE LOS REYES, RESPONDENTS.

  • Name[G.R. No. 171450 : January 25, 2010] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE V. FERDILINA MANUEL, ACCUSED-APPELLANT

  • [G.R. No. 190470 : January 25, 2010] MARIA TANYA ROSE B. CRESPO V. ALFRED JOSEPH R. CAMPAÑER

  • [G.R. No. 185256 : January 20, 2010] JOSE JOTA FOR HIMSELF AND AS REPRESENTATIVE OF EMMA JOTA, PETITIONERS, VS. LEONIDA M. GARCIA AND ALEX GARCIA, RESPONDENTS

  • [G.R. No. 189463 : January 20, 2010] EDWIN FERRER Y PAED AND FRANKLIN CASTRO Y QUILANG VERSUS PEOPLE OF THE PHILIPPINES.

  • [G.R. No. 188109 : January 20, 2010] PEOPLE OF THE PHILIPPINES VERSUS ALLAN ESTRELLA SELUDO ALIAS "BUKNOY".

  • [G.R. No. 188807 : January 18, 2010] JUDGE VICENTE S. PULIDO, PETITIONER VS. HI-WOOD AGRI-INDUSTRIES, INC. AND ENGR. LEONARDO P. DIMACULANGAN, RESPONDENTS.

  • [G.R. No. 170364 : January 13, 2010] PEOPLE OF THE PHILIPPINES V. JONIE DELA CRUZ @ JONJON

  • [G.R. No. 165543 : January 13, 2010] DAVID RONDERO Y OZAETA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 189736 : January 13, 2010] SPS. LORNA VILLAROSA AND ANDREW VILLAROSA V. SPS. LAWRENCE MCAFFERIY AND BENILDA MCAFFERTY

  • [G.R. No. 186153 : January 13, 2010] PREMIER CREATIVE PACKING, INC. AND ESTHER DE LEON, PETITIONERS, VS. PHILIPPINE LABOR ALLIANCE COUNCIL, LOCAL 438 PREMIER CREATIVE CHAPTER, REPRESENTED BY VIRGILIO TOMAS, IN HIS CAPACITY AS UNION PRESIDENT, RESPONDENT

  • [G.R. No. 177964 : January 13, 2010] HERCULES P. GUZMAN V. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • [A.M. No. 10-1-06-RTC : January 12, 2010] RE: PETITION FOR CHANGE OF TRIAL VENUE OF CRIMINAL CASE NO. SA-198, PEOPLE V. DATA ANDAL AMPATUAN, SR., ET AL. FOR REBELLION FROM THE REGIONAL TRIAL COURT OF COTABATO CITY TO THE REGIONAL TRIAL COURT OF QUEZON CITY.

  • [G.R. No. 190529 : January 12, 2010] PHILIPPINE GUARDIANS BROTHERHOOD, INC., (PGBI) REPRESENTED BY ITS SECRETARY-GENERAL GEORGE "FGBF GEORGE" DULDULAO V. COMMISSION ON ELECTIONS.

  • [G.R. No. 183283 : January 12, 2010] JESUS GERMODO V. THE COMMISSION ON ELECTIONS FIRST DIVISION, MANAGER OF THE ELECTORAL CONTESTS ADJUDICATION DEPARTMENT. COMELEC, AND GERRY ZAMORA

  • [G.R. No. 174070 : January 12, 2010] REXLON GATCHALIAN, PETITIONER, V. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND JOSE EMMANUEL CARLOS, RESPONDENTS.

  • [G.R. No. 175888 : January 12, 2010] SUZETTE NICOLAS Y SORNBILON VS. ALBERTO RORNULO, ET AL); G.R. NO. 176051 (JOVITO R. SALONGA, ET AL. VS. DANIEL SMITH, ET AL); AND G.R. NO. 176222 (BAGONG ALYANSANG MAKABAYAN, ET AL. VS. PRESIDENT GLORIA MACAPAGAL-ARROYO, ET AL.

  • [A.M. No. 08-6-352-RTC : January 12, 2010] QUERY OF ATTY. KAREN M. SILVERIO-BUFFE, FORMER CLERK OF COURT - BRANCH 81, ROMBLON, ROMBLON ON THE PROHIBITION FROM ENGAGING IN THE PRIVATE PRACTICE OF LAW

  • [G.R. No. 180741 : January 11, 2010] JEREMIAS I. DOLINO V. BENJAMIN R. VILLANUEVA

  • [A.M. No. MTJ-09-1747 [formerly OCA IPI No. 08-2009-MTJ] : January 11, 2010] DIEGO V. CUEVAS V, HON. AZNAR D. LINDAYAG, ASSISTING JUDGE, MUNICIPAL TRIAL COURT IN CITIES, SAN JOSE DEL MONTE CITY, BULACAN

  • [G.R. No. 172469 : January 11, 2010] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE VERSUS WALTER ED BACCAY Y POVADORA, ACCUSED-APPELLANT

  • [G.R. No. 181091 : January 11, 2010] LAND BANK OF THE PHILIPPINES V. RAFAEL M. CONCEPCION

  • [G.R. No. 188131 : January 11, 2010] PEOPLE OF THE PHILIPPINES V. CUSTODIO ROXAS Y CALLES

  • [A.C. No. 8352 : January 11, 2010] NOEL CRUZ BAYONA V. ATTY. EVANGELINE MENDOZA FRANCISCO

  • [G.R. No. 161736 : February 24, 2010] FIDELA B. MARABE, PETITIONER, V. SOCIAL SECURITY SYSTEM AND CLARA VELIGANIO, RESPONDENTS.