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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2012                  

  • [G.R. No. 199311 : January 16, 2012] CROSS COUNTRY OIL AND PETROLEUM CORPORATION, ALELI A. ARELLANO AND JEROME D. CAÑADA V. ANTI-MONEY LAUNDERING COUNCIL [AMLC]

  • [G.R. No. 195376 : January 16, 2012] SERGIO RAÑA V. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 187691 : January 16, 2012] OLYMPIA HOUSING, INC. v. ALLAN LAPASTORA AND IRENE UBALUBAO

  • [G.R. No. 196712 : January 16, 2012] FLORENTINA SAMOY, LUISA SAMOY, EDUARDO SAMOY AND GERARDA SAMOY-NOQUILLO v. JUDGE MERVIN JOVITO S. SAMADAN, PRESIDING JUDGE OF THE MUNICIPAL CIRCUIT TRIAL COURT OF ALCALA, PANGASINAN, AND EFREN PEREZ Y GONZALES

  • [G.R. No. 188084 : January 16, 2012] RICARDO J.M. RIVERA v. PATRICIA F. PEREZ

  • [G.R. No. 198690 : January 16, 2012] EMMANUEL BERNABE v. RODOLFO "RUDY" CAOILI

  • [G.R. No. 198725 : January 16, 2012] J-PHIL MARINE, INC., AKRON TRADE AND TRANSPORT, ET AL. v. DOUGLAS S. LONGNO

  • [G.R. No. 199159 : January 16, 2012] ACD INVESTIGATION AND SECURITY AGENCY, INC., AND ALFONSO C. DILLA v. ROSENDO TOLEDO, MARIO GREGORIO, ABEL MACABALHIN, JERWIN MINTU, EDWIN ARICA, EDWARD CUSTODIO, ROMEO BOAYA, SANDY BOBADILLA, CHRISTOPHER GARCIA, ARIES ARIAS, MELANIO TOLEDO AND RANDY JOYA

  • [G.R. No. 180644 : January 16, 2012] HON. VEDASTO B. MARCO, AS THE PAIRING JUDGE OF BRANCH 42, RTC MANILA, CARLOS RUBI AND SHANGHAI BANKING CORPORATION LIMITED VS. REPUBLIC OF THE PHILIPPINES REPRESENTED BY THE ANTI-MONEY LAUNDERING COUNCIL.

  • [G.R. No. 199602 : January 16, 2012] MERIDIAN EDUCATIONAL INSTITUTION, INC. AND CLEOFE S. JANIOLA v. COURT OF APPEALS, SPS. ALPIO AND EDELYN CABARRUBIAS, ET AL.

  • [G.R. No. 199167 : January 16, 2012] FRANCISCO CARAS & FELIPE CABANGANAN v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 198740 : January 16, 2012] STARLUBE CORPORATION v. SEA ESCAPE SHIPPING

  • [G.R. No. 175611 : January 16, 2012] ENCARNACION M. DELA CRUZ, ET AL. v. RODRIGO T. POSADAS

  • [A.M. No. 01-2-18-MTC : January 17, 2012] RE: REPORT ON THE FINANCIAL AUDIT CONDUCTED AT THE MUNICIPAL TRIAL COURTS OF BANI, ALAMINOS AND LINGAYEN, PANGASINAN

  • [A.M. No. 14135-Ret. : January 17, 2012] RE: SURVIVORSHIP PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946 OF JUDGE SANTIAGO M. BELTRAN, RTC, BR. 24, CABANATUAN CITY, MS. ROSITA M. MANALO-BELTRAN; JUDGE PETER L. AMORA, MCTC, ALICIA-MABINI, BOHOL, MS. JUANITA M. PLAZA-AMORA; JUDGE RAYMUNDO v. SEVA, RTC, BR. 38, DAET, CAMARINES NORTE, MS. FE S. RICAFORT-SEVA; JUDGE MELECIO L. YAP, MCTC, PINTUYAN-SAN RICARDO, SOUTHERN LEYTE, MRS. HERMINIA T. TIMARIO-YAP; AND JUDGE EDGAR D. GUSTILO, RTC, BR. 28, ILOILO CITY, MS. MA REGINA JEAN M. JALANDONI-GUSTILO

  • [A.M. No. 10-11-329-RTC : January 17, 2012] RE: CREATION OF FIVE [5] ADDITIONAL BRANCHES OF THE RTC IN ALABEL, SARANGANI

  • [G.R. No. 155027 : January 17, 2012] THE VETERANS FEDERATION OF THE PHILIPPINES, REPRESENTED BY ESMERALDO R. ACORDA VS. HON. ANGELO T. REYES, ET AL.

  • [G.R. No. 190524 : January 17, 2012] MICHAELINA RAMOS BALASBAS VS. PATRICIA B. MONAYAO

  • [G.R. No. 191787 : January 17, 2012] MACARIO CATIPON, JR. VS. JEROME JAPSON

  • [G.R. No. 199802 : January 17, 2012] CONGRESSMAN HERMILANDO I. MANDANAS, MAYOR EFREN B. DIONA, MAYOR ANTONINO A. AURELIO, KAGAWAD MARIO ILAGAN, BARANGAY CHAIR PERLITO MANALO, BARANGAY CHAIR MEDEL MEDRANO, BARANGAY KAGAWAD CRIS RAMOS, BARANGAY KAGAWAD ELISA D. BALBAGO AND ATTY. JOSE MALVAR VILLEGAS VS. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., SECRETARY CESAR PURISIMA, DEPARTMENT OF FINANCE, SECRETARY FLORENCIO H. ABAD, DEPARTMENT OF BUDGET AND MANAGEMENT, COMMISSIONER KIM JACINTO-HENARES, BUREAU OF INTERNAL REVENUE AND NATIONAL TREASURER ROBERTO TAN, BUREAU OF TREASURY

  • [G.R. No. 198890 : January 17, 2012] MARIA TERESA S. BONDOC, ET AL. VS. HON. RAMON J.P. PAJE, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, ET AL.

  • [G.R. No. 176830 : January 17, 2012] SATURNINO OCAMPO v. JUDGE EPHREM ABANDO, ET AL.

  • [A.M. OCA I.P.I. No. 11-194-CA-J : January 17, 2012] EDGARDO M. RICO, COMPLAINANT, VERSUS JUSTICE EDGARDO T. LLOREN, RESPONDENT.

  • [G.R. No. 165806 : January 17, 2012] KABALIKAT NG MALAYANG PILIPINO (KAMPI), HEREIN REPRESENTED BY ITS PRESIDENT HON. RONALDO V. PUNO, ET AL. v. HON. JOSE DE VENECIA, ET AL. AND G.R. NO. 165807 (KABALIKAT NG MALAYANG PILIPINO (KAMPI), HEREIN REPRESENTED BY ITS PRESIDENT HON. RONALDO V. PUNO, ET AL. V. HON. JOSE DE VENECIA, ET AL.

  • [G.R. No. 179188 : January 18, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. FELIX ESPIRITU @ "BALOT," DEFENDANT-APPELLANT.

  • [G.R. Nos. 193422-24 : January 18, 2012] RUBEN B. ECLEO, JR. v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 194229 : January 18, 2012] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VERSUS WILSON GAMEZ Y BULAWAN, APPELLANT.

  • [G.R. No. 193923 : January 18, 2012] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VERSUS ARLY RESTUM Y RAQUID, APPELLANT.

  • [G.R. No. 197724 : January 18, 2012] JESUS SORIANO v. COURT OF APPEALS, EXPORT AND INDUSTRY BANK, GERARDO V. MUNDA AND NILO L. PACHECO.

  • [G.R. No. 199259 : January 18, 2012] EVELYN LAMANO v. PEOPLE OF THE PHILIPPINES AND DANIEL G. MACATLANG, JR.

  • [G.R. No. 199286 : January 18, 2012] MAXIMUM SECURITY AND SERVICES CORP./MR. VIRGILIO GONZALES v. NESTOR C. FONTANILLA

  • [G.R. No. 199273 : January 18, 2012] HEIRS OF JULIA BALDEVIA, HEREIN REPRESENTED BY TIRSO E. ARDON, AND JUAN BALDEVIA, HEREIN REPRESENTED BY FRANCISCO N. ESCARLAN INSTEAD OF NENA B. BALDEVIA v. DOMINGA ARDON, FLORENCIA CABUAY AND DONATELA GALERO SABIDAL

  • [G.R. No. 199137 : January 18, 2012] BRITOIL OFFSHORE PHILIPPINES, INC., EDGAR A. PASCUAL, AND NIMSA CREWSHIP SOLUTIONS, LIMITED v. RICARDO B. NIÑOFRANCO

  • [G.R. No. 199244 : January 18, 2012] PEOPLE OF THE PHILIPPINES v. JEFFREY ORTILE Y REBUA

  • [G.R. No. 190274 : January 18, 2012] LAND BANK OF THE PHILIPPINES VS. HEIRS OF LORETO LAZATIN NAMELY: CARMELO F. LAZATIN AND VICTORIA L. ANGELES

  • [A.M. No. RTJ-11-2274 : January 18, 2012] LAARNI FABELLA TAGNONG v. JUDGE RUTH D. CRUZ-SANTOS, REGIONAL TRIAL COURT, BRANCH 72, ANTIPOLO CITY

  • [G.R. No. 195713 : January 18, 2012] MARGINITO A. MOVIDO VS. SPOUSES JOSELITO AND LUZMINIA PASCUAL, AND THE REGISTER OF DEEDS FOR THE PROVINCE OF CAVITE

  • [G.R. No. 191334 : January 18, 2012] ERNESTO FIGUEROA, ARMANDO FIGUEROA, THE HEIRS OF LEONILA FIGUEROA, NAMELY, SARAH JANE COBB-ESTEVIS, RUBY ANGELINE COBB-AGUILAR, HELEN GRACE COBB-CAMPOS, ALLAN FRANK F. COBB AND JAMES ARTHUR F. COBB, ALL REPRESENTED BY THEIR ATTORNEY-IN FACT, ATTY. JULIO H. OZAMIZ; AND PURIFICACION FIGUEROA-TIONGSON AND AMELIA FIGUEROA ANGELES, REPRESENTED BY THEIR ATTORNEY-IN-FACT, JAIME F. TIONGSON VS. SPOUSES LEONARDO B. FIGUEROA AND JULIANA V. FIGUEROA, INSULAR BAKERY ENTERPRISES, INC. AND THE REGISTER OF DEEDS OF MAKATI CITY

  • [G.R. No. 191725 : January 18, 2012] PEOPLE OF THE PHILIPPINES v. RUBEN MERCA Y BORELA @ "BENTOT"

  • [A.M. No. P-07-2409 (Formerly A.M. OCA IPI No. 05-2322-P) : January 24, 2012] RUFINA CHUA VS. ELEANOR A. SORIO, CLERK OF COURT, METC, BRANCH 57, SAN JUAN CITY

  • [A.M. No. 14144-Ret. : January 24, 2012] RE: APPLICATION FOR PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946 OF JUDGE FLORANTE S. ABASOLO, JUDGE DANIEL P. ALFONSO, JUDGE RENO R. GONZALES, JUDGE MANUEL E. AUTAJAY, JUDGE ALEJO G. ROLA, JUDGE RICARDO F. TORNILLA, JUDGE EDGAR N. ALBA, JUDGE JACINTO J. PEÑAFLOR AND JUDGE MIRARDO R. ARMEA

  • [G.R. No. 197311 : January 24, 2012] STRADCOM CORPORATION, REPRESENTED BY ITS PRESIDENT CEZAR T. QUIAMBAO, PETITIONER, VERSUS HON. EDGAR DALMACIO SANTOS, AS PRESIDING JUDGE OF THE RTC-QUEZON CITY, BRANCH 222, REPUBLIC OF THE PHILIPPINES, THROUGH THE LAND TRANSPORTATION OFFICE REPRESENTED BY ASSISTANT SECRETARY VIRGINIA TORRES AND BONIFACIO C. SUMBILLA, REPRESENTING HIMSELF TO BE THE REPRESENTATIVE OF STRADCOM CORPORATION, RESPONDENTS.

  • [G.R. No. 197269 : January 24, 2012] DAVID E. SO V. HON. DINA PESTAÑO TEVES AND NBI DIRECTOR MAGTANGGOL GATDULA

  • [G.R. No. 196519 : January 25, 2012] JEFFREY R. MEDINA v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 188152 : January 25, 2012] ARTURO T. ESPEJO, SR. AND THE MEDICAL DEVICES INTERNATIONAL, REPRESENTED IN THIS INSTANCE BY DAUGHTER SHARRON E. MANZANO v. ANITA N. TY AND THE ALABANG MEDICAL CENTER CORPORATION

  • [A.C. No. 6044 : January 25, 2012] ASUNCION R. ESPINOSA v. ATTY. WENCESLAO C. BARCELONA.

  • [G.R. No. 185603 : January 25, 2012] REPUBLIC OF THE PHILIPPINES v. LOCAL SUPERIOR OF THE INSTITUTE OF THE SISTERS OF THE SACRED HEART OF JESUS OF RAGUSA

  • [G.R. No. 179908 : January 25, 2012] CHRISTIAN PUA Y PARAISO v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 199235 : January 25, 2012] TESMA CREW MANAGEMENT, INC. AND TESMA SINGAPORE PTE LIMITED v. EDDIE C. TABULDAN

  • [G.R. No. 196965 : January 25, 2012] PEOPLE OF THE PHILIPPINES v. JIMMY SO

  • [G.R. No. 173651 : January 25, 2012] CONSOLIDATED BROADCASTING SYSTEM, INC. v. MARY ANN MONGCAL, GREGORIA/GLORIA YUSON, VICENTE LEGASPI, RAYMUNDO ASAR, LINET CRUZ, VICENTE DESALES, JOSEPH TUTOP, DANNY OBERIO, LUISITO VILLAMOR, JOSE ROBERTO REGALADO, RUFO DEITA, JR., ROUSINNI KIM HISONA, LOLITA CASTRO, ANANITA TANGENTE, EMILY DE GUZMAN, CAROLINA LADRILLO, WILMA SUGATON, ROSEBEL NARCISO AND ELNA DE PEDRO

  • [G.R. No. 197678 : January 25, 2012] A. GOLINGAN CORPORATION, REPRESENTED BY ADRIANO GOLINGAN, JR. v. BANCO DE ORO UNIBANK, INC. AND THE COURT OF APPEALS

  • [G.R. No. 172296 : January 25, 2012] FAR EAST BANK AND TRUST COMPANY AND/OR BANK OF THE PHILIPPINE ISLANDS v. SPOUSES ROMULO PLAZA AND WILMA PLAZA

  • [G.R. No. 195101 : January 25, 2012] PEOPLE OF THE PHILIPPINES v. FERNANDO JOSE Y FERNANDO

  • [G.R. No. 151993 : January 25, 2012] MARITIME FACTORS, INC. v. BIENVENIDO HINDANG

  • [G.R. No. 194374 : January 25, 2012] JOSE ALEJANDRO C. CRISOLOGO v. UNION BANK OF THE PHILIPPINES, JUSTO R. ORTIZ AND EDWIN R. BAUTISTA

  • [G.R. No. 177111 : January 30, 2012] MA. CRISTINA F. ASIS v. 680 HOME APPLIANCES

  • [G.R. No. 196576 : January 30, 2012] NAPOLEON M. CRUZ v. SPOUSES MARIANO BASISTER AND ANA BASISTER, AND IRENE ALEJANDRO

  • [G.R. No. 182717 : January 31, 2012] LEYMARS P. DECAP v. ROEL G. ENTOC AND COMMISSION ON ELECTIONS

  • [G.R. No. 192987 : January 31, 2012] EDDIE U. TAMONDONG v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR.; G.R. NO. 193327 (ATTY. CHELOY E. VELICARIA-GARAFIL v. OFFICE OF THE PRESIDENT, REPRESENTED BY HON. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR. AND SOLICITOR GENERAL JOSE ANSELMO L. CADIZ); G.R. NO. 193519 (BAI OMERA D. DIANALAN-LUCMAN v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR.); G.R. NO. 193867 (ATTY. DINDO G. VENTURANZA, AS CITY PROSECUTOR OF QUEZON CITY v. OFFICE OF THE PRESIDENT, REPRESENTED BY PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES BENIGNO SIMEON C. AQUINO, EXECUTIVE SECRETARY PAQUITO v. OCHOA, JR., ET AL.); G.R. NO. 194135 (MANUEL D. ANDAL v. PAQUITO N. OCHOA, JR., AS EXECUTIVE SECRETARY AND JUNIO M. RAGRARIO); G.R. NO. 194398 (ATTY. CHARITO PLANAS v. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., TOURISM SECRETARY ALBERTO A. LIM, & ATTY. APOLONIO B. ANOTA, JR.)

  • [G.R. No. 189631 : January 31, 2012] EPHRAIM OLIDO v. COMMISSION ON ELECTIONS AND SATURNINO GUANGA

  • [A.M. No. P-09-2716 : January 31, 2012] TERESITA GUERRERO-BOYLON v. ANICETO BOYLES, SHERIFF III, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 2, CEBU CITY

  • [A.M. No. RTJ-10-2229 (Formerly A.M. No. 05-7-460-RTC) : January 31, 2012] MARLYN M. OLAVIDES, RTC, BRANCH 5, DINALUPIHAN, BATAAN VS. JUDGE JOSE ENER S. FERNANDO, RTC, BRANCH 5, DINALUPIHAN, BATAAN

  • [A.M. No. 10-7-221-RTC January 31 : 2012] RE: REQUEST OF THE PHILIPPINE JUDGES ASSOCIATION, METROPOLITAN AND CITY JUDGES ASSOCIATION OF THE PHILIPPINES AND PHILIPPINE TRIAL JUDGES LEAGUE FOR FIFTEEN [15] DAYS VACATION LEAVE AS "WELLNESS PROGRAM" FOR TRIAL COURT JUDGES

  • [A.M. No. 12-1-14-SC : January 31, 2012] RE: PROCUREMENT OF GLOBAL DISTANCE LEARNING NETWORK [GDLN], GDLN/STRUCTURED CABLING AND ELECTRONIC COURT ROOM FOR THE PHILJA TRAINING CENTER

  • [A.C. No. 9339 : January 31, 2012] AGUSTIN S. SUNDIAM VS. ATTYS. EDWIN LACIERDA AND LEILA DE LIMA

  • [A.M. No. 12-1-06-RTC : January 31, 2012] RE: REQUEST OF JUDGE BIENVENIDO M. MONTALLA, RTC, BRANCH 16, NAVAL, BILIRAN, TO APPEAR AS COUNSEL IN HIS BEHALF IN CIVIL CASE NO. B-10-09-642, RTC, BRANCH 15, BURAUEN, LEYTE

  • [G.R. No. 192822 : January 16, 2012] PEOPLE OE THE PHILIPPINES v. RODOLFO MONTEMAYOR Y TAMAYO

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    chanrobles.com - PHILIPPINE SUPREME COURT RESOLUTIONS - ON-LINE

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    SECOND DIVISION

    [G.R. No. 197678 : January 25, 2012]

    A. GOLINGAN CORPORATION, REPRESENTED BY ADRIANO GOLINGAN, JR. v. BANCO DE ORO UNIBANK, INC. AND THE COURT OF APPEALS

    Sirs/Mesdames:

    Please take notice that the Court, Second Division, issued a Resolution dated 25 January 2012 which reads as follows:cralaw

    G.R. No. 197678 (A. Golingan Corporation, represented by Adriano Golingan, Jr. v. Banco De Oro Unibank, Inc. and the Court of Appeals) — Before this Court is a Motion for Reconsideration filed by petitioner A. Golingan Corporation (Golingan Corp.). Petitioner argues that the Court of Appeals (CA) rendered its assailed 7 February 2011 Decision and 12 May 2011 Resolution without due process and in disregard of the laws on corporate rehabilitation. Petitioner anchors its contention on the following grounds: (a) the subject properties had been assigned by Adriano Golingan and his wife (Spouses Golingan) to Golingan Corp.; (b) it obtained the subject loan through Spouses Golingan in a fiduciary capacity and for its benefit; and (c) the foreclosure of the mortgage on the subject properties will defeat the purpose of the rehabilitation. These arguments cannot be sustained, as Section 1 of the Interim Rules of Procedure on Corporate Rehabilitation - the law governing the Petition for Corporate Rehabilitation - clearly states that the Rules apply to "petitions for rehabilitation filed by  corporations, partnerships, and associations." In this regard, this Court's ruling in Lee v. Bangkok Bank (G.R. No. 173349, 9 February 2011) is instructive: 

    Pivotal to the resolution of the instant case is whether the subject properties owned by the spouses Lee were subject to the February 20, 1998 [Securities and Exchange Commission (SEC)] Suspension Order.  On the one hand, the CA held and found these to be subject to the Suspension Order. The [Regional Trial Court], on the other hand, found contrariwise in that the assailed [Real Estate Mortgage] and foreclosure sale did not violate the SEC Suspension Order. 

    xxx xxx xxx 

    Private individuals and their privately owned properties cannot be placed under the jurisdiction of the SEC in a petition for suspension of payments 

    In Chung Ka Bio v. Intermediate Appellate Court, this Court resolved in the negative the issue of whether private individuals can file with the SEC petitions for declaration in a state of suspension of payments. We held that Sec. 5(d) of PD 902-A clearly does not allow a mere individual to file the petition, which is limited to "corporations, partnerships or associations."

    xxx xxx xxx 

    Here, it is undisputed that the petition for suspension of payments was collectively filed by the five corporations owned by the Lee family. It is likewise undisputed that together with the consolidated petition is a list of properties, which included the subject Antipolo properties owned by Samuel and Pauline Lee. The fact, however, that the subject properties were included in the list submitted to the SEC does not confer jurisdiction on the SEC over such properties. It is apparent that even if the members of the Lee family are joined as co-petitioners with the five corporations, still, this could not confer jurisdiction on the SEC over the Lee family members—as private individuals—nor could this affect their privately owned properties. 

    Further, the fact that the debts of MDEC and MHI to Bangkok Bank are secured by the Lee family through the guarantees will not likewise put the Lee family and their privately owned properties under the jurisdiction of the SEC through the consolidated petition for suspension of payments. (Emphasis supplied.)

    It is well-settled that a. corporation maintains a separate legal personality from that of the individual stockholders. Thus, in Sulo ng Bayan v. Gregorio Araneta, Inc. [72 SCRA 347 (1976)], this Court held: 

    [A] corporation is a distinct legal entity to be considered as separate and apart from the individual stockholders or members who compose it, and is not affected by the personal rights, obligations and transactions of its stockholders or members. ..[A] corporation ordinarily has no interest in the individual property of its stockholders unless transferred to the corporation, "even in the case of a one-man corporation. The mere fact that one is president of a corporation does not render the property which he owns or possesses the property of the corporation, since the president, as individual, and the corporation are separate entities. (Emphasis supplied.)

    Following the ruling in Lee, the allegation that Spouses Golingan had assigned the subject properties in favor of Golingan Corp. and executed a third-party mortgage to secure the loan obligations of the corporation did not automatically make it the owner thereof, especially since it admitted that these properties had been assigned to it by the spouses to stand as collateral. Clearly, the intent of Spouses Golingan was only to have their properties serve as guaranty for the loan, and not to transfer ownership thereof. This intention was supported by the fact that the titles to the properties remained registered in their name, and were not cancelled and transferred in favor of the corporation. Therefore, the CA did not commit any grave abuse of discretion in excluding these properties from the Stay Order.

    Finally, petitioner maintains the existence of a validly notarized Secretary's Certificate. However, an examination thereof, as well as of the Verification/Certification itself, readily reveals several defects in these documents, such as the absence of a photographically reproducible mark, image or impression of the official seal (2004 Rules on Notarial Practice, Rule VII, Section 3); the serial number of the commission of the notary public; and his office address [Rule VIII, Sec. 2 (b) and (c)]. Aside from these, the Petition also lacked registry receipts and proof of service upon the private respondent.

    In any event, these technical defects were not the only bases for the dismissal of the Petition. As discussed above, the allegations therein were insufficient to show substantive basis to hold that the CA committed grave abuse of discretion warranting this Court's exercise of its power of review.cralaw

    WHEREFORE, the Motion for Reconsideration is DENIED. The 7 February 2011 Decision and 12 May 2011 Resolution of the Court of Appeals are hereby AFFIRMED with FINALITY. No further pleadings shall be allowed. (Perlas-Bernabe, J., additional member vice Brion, J., per Special Order  No. 1174 dated 9 January 2012)

    Very truly yours, 

    (Sgd.) TERESITA AQUINO TUAZON
    Deputy Division Clerk of Court

     


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