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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-2012                  

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

  • [G.R. No. 199796 : March 05, 2012] ROMEO M. SARMIENTO v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 187571 : March 05, 2012] FILIPINO ACADEMY OF MOVIE ARTS AND SCIENCES, INC., REPRESENTED BY JUMMY A. TIU V. ART M. PADUA, ANGEL CALSO, UP THEATER, REPRESENTED BY ITS BUSINESS MANAGER VONN PERDON GOLFO, AND ABC TV-5, REPRESENTED BY ITS MANAGING DIRECTOR ROBERTO BARRIERO AND DIRECTOR OF PROGRAM ACQUISITION VICTORINO VIANZON

  • [A.M. No. P-11-2906 (Formerly OCA-I.P.I. No. 10-3440-P) : March 05, 2012] LEAVE DIVISION, OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT ADMINISTRATOR v. CESAR V. ACANCE, RECORDS OFFICER I, METROPOLITAN TRIAL COURT-OFFICE OF THE CLERK OF COURT, QUEZON CITY

  • [G.R. No. 200210 : March 05, 2012] BENJAMIN DE VILLA Y CANTERO v. PEOPLE OF THE PHILIPPINES.

  • [A.C. No. 4500 : March 06, 2012] BAN HUA U. FLORES v. ATTY. ENRIQUE S. CHUA

  • [UDK No. 14623 : March 07, 2012] SCAD SERVICES PTE. LTD. v. THE COURT OF APPEALS, FORMER 14TH DIVISION, JORGE YANSON, EDDIE GOLDE, EDGAR NOCHE, ET AL.

  • [March 06, 2012] RE: HOLY WEEK RECESS

  • [G.R. No. 177292 : March 07, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE v. JESSIE GARBIDA Y FOSTER, ACCUSED-APPELLANT.

  • [A.M. No. 12-2-11-MCTC : March 07, 2012] UNAUTHORIZED EXTENSION OF TRAVEL ABROAD BY MIGUELITA D. VILLA, CLERK OF COURT II, MUNICIPAL CIRCUIT TRIAL COURT (MCTC), KIBAWE, BUKIDNON

  • [G.R. No. 176126 : March 07, 2012] OSMUND DECANO v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 192259 : March 07, 2012] PEOPLE OF THE PHILIPPINES, APPELLEE, VERSUS ROSALINDA SUMAYA Y MABALON, APPELLANT.

  • [G.R. No. 187792 : March 07, 2012] REPUBLIC OF THE PHILIPPINES v. CONRADA AREVALO

  • [G.R.No. 182210 : March 07, 2012] PAZ BERNARDO v. PEOPLE OF THE PHILIPPINES.

  • [G.R. No. 200227 : March 12, 2012] LORENZO HIDALGO v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 200353 : March 12, 2012] SOUTHERN CARRIER CO., INC. v. CARLITO MAÑACAP

  • [G.R. No. 184315 : March 12, 2012] ALFONSO T. YUCHENGCO v. THE MANILA CHRONICLE PUBLISHING CORPORATION, ET AL.

  • [A.M. No. RTJ-11-2303 (Formerly A.M. OCA IPI No. 10-3416-RTJ) : March 12, 2012] MARIO S. ROMERO, COMPLAINANT VS. MANUEL C. LUNA, JR. EXECUTIVE JUDGE, REGIONAL TRIAL COURT, BR. 39, CALAPAN CITY, ORIENTAL MINDORO,

  • [A.M. No. 11-1-09-RTC : March 13, 2012] RE: REQUEST FOR THE CREATION OF ADDITIONAL DRUGS COURTS IN THE RTC, DUMAGUETE CITY

  • [G.R. No. 181779 : March 13, 2012] ANDREW L. ONG v. COMMISSION ON ELECTIONS, AND TEODORO DELA TORRE VILLAGRACIA, SR.

  • [G.R. No. 192070 : March 13, 2012] EDDIE "AMONG ED" T. PANLILIO v. COMMISSION ON ELECTIONS AND LILIA G. PINEDA.

  • [G.R. No. 176323 : March 14, 2012] LENY B. DIAZ AND SPOUSES ANTONIO B. ESCALONA AND LEONORA ESCALONA VS. CHERRIE PINEZA AND KOJI HAMAMURA

  • [G.R. No. 189875 : March 14, 2012] NATIONAL TELECOMMUNICATIONS COMMISSION v. TRANS DIGITAL EXCEL, INC.

  • [G.R. No. 199914 : March 14, 2012] MEL MIKE GAMIN Y TARI v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 181957 : March 14, 2012] RENATO P. MENDOZA, NEGOTIATING UNDER THE NAME AND STYLE OF LADY LOU GENERAL MERCHANDISE V. S.C. JOHNSON & SON, INC.

  • [G.R. No. 198315 : March 19, 2012] PEOPLE OF THE PHILIPPINES v. RANNIE GULAPA Y ORDINARIO

  • [A.M. No. 14219-Ret. : March 20, 2012] RE: SURVIVORSHIP PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946 OF JUDGE ULPIANO I. CAMPOS, RTC, BRANCH 22, NARVACAN, ILOCOS SUR; JUDGE CONRADO B. VENUS, RTC, BRANCH 22, NARVACAN, ILOCOS SUR; JUDGE ALBERTO V. BENESA, RTC, BRANCH 58, BUCAY, ABRA; JUDGE NORMELITO J. BALLOCANAG, RTC, BRANCH 41, PINAMALAYAN, ORIENTAL MINDORO, JUDGE FILOMENO A. VERGARA, RTC, BRANCH 2, PUERTO PRINCESA CITY; JUDGE EUFEMIO R. JOLINA, MTCC, SAN FERNANDO CITY, LA UNION; JUDGE JOSE V. HABALO, MTCC, LUCENA CITY; JUDGE NORBERTO GREGORIO E. TIZON, JR., MTC, SAN ISIDRO, NORTHERN SAMAR; JUDGE GREGORIO S. VIOS, MTC, KAPATAGAN, LANAO DEL NORTE; AND JUDGE PACIANO B. GALLEPOSO, MCTC, SINDANGAN, ZAMBOANGA DEL NORTE

  • [A.M. No. 14218-Ret., March 20, 2012] RE: SURVIVORSHIP PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946 OF JUDGE SALVADOR P. DE GUZMAN, RTC, BRANCH 142, MAKATI CITY AND JUDGE ANTONIO C. BAGAGÑAN, MTC, GUINOBATAN, ALBAY

  • [G.R. Nos. 153304-05 : March 20, 2012] PEOPLE OF THE PHILIPPINES, PETITIONER v. SANDIGANBAYAN, ET AL. RESPONDENTS.

  • [G.R. No. 171850 : March 21, 2012] EDGARDO BAUTISTA v. ROSITA DEPONIO

  • [A.M. No. 14210-Ret. : March 13, 2012] RE: APPLICATION FOR SURVIVORSHIP PENSION BENEFITS OF MRS. VIRGINIA P. ELBINIAS, SURVIVING SPOUSE OF THE LATE HON. JESUS M. ELBINIAS, FORMER PRESIDING JUSTICE OF THE COURT OF APPEALS

  • [G.R. No. 160669 : March 14, 2012] SPOUSES WILFREDO SANTOS AND LUZVIMINDA SANTOS v. SPOUSES ALFREDO NEPOMUCENO AND ESTER DELA PAZ NEPOMUCENO, AND HON. MAURICIO M. RIVERA, IN HIS CAPACITY AS RTC JUDGE, 4TH JUDICIAL REGION, BRANCH 73, ANTIPOLO CITY.

  • [G.R. No. 176063 : March 14, 2012] PEOPLE OF THE PHILIPPINES v. RENATO MIA Y IFSOR

  • [G.R. No. 181969 : March 19, 2012] ROMAGO, INC. v. SIEMENS BUILDING TECHNOLOGIES, INC.

  • [G.R. No. 191684 : March 20, 2012] ANG KAPATIRAN PARTY v. THE COMMISSION ON ELECTIONS

  • [G.R. No. 199196 : March 20, 2012] NELLY RAMOS v. ANACLETO BALDO

  • [A.M. No. 14216-Ret. : March 20, 2012] RE: SURVIVORSHIP PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946 OF JUDGE RENE R. VICTORIANO, RTC, BRANCH 124, CALOOCAN CITY; JUDGE ADRIAN N. PAGALILAUAN, RTC, BRANCH 12, SANCHEZ MIRA, CAGAYAN; JUDGE IRENEO B. ESCANDOR, RTC, BRANCH 55, IROSIN, SORSOGON; JUDGE CANDIDO C. AGUINALDO, RTC, BRANCH 9, CEBU CITY; JUDGE EPIFANIO C. LLANOS, RTC, BRANCH 26, ARGAO, CEBU; JUDGE HILARIO I. MAPAYO, RTC, BRANCH 19, DIGOS CITY; JUDGE COROCOY D. MOSON, SHARI'A DISTRICT COURT, COTABATO CITY; JUDGE MARIANO P. FUENTEBELLA, MTCC, IRIGA CITY; JUDGE JAIME F. VILORIA, MCTC, NARVACAN, ILOCOS SUR; JUDGE ELPIDIO N. QUIÑON, MCTC, POTOTAN-MINA, ILOILO; AND JUDGE CIRIACO C. ARIÑO, MCTC, SAN FRANCISCO, AGUSAN DEL SUR

  • [G.R. No. 193387 : March 21, 2012] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VERSUS FLORO TECZON, NUMERIANO TABUYAN (DECEASED), AND JOSE ENOVESO, APPELLANTS.

  • [G.R. No. 174682 : March 21, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE v. ELMER A. BUCA AND WILLIAM B. CAINCAY, ACCUSED-APPELLANTS.

  • [G.R. No. 175052 : March 21, 2012] DEPARTMENT OF AGRARIAN REFORM REPRESENTED BY OIC SECRETARY NASSER C. PANGANDAMAN v. MANUEL DEL ROSARIO.

  • [G.R. No. 184649 : March 21, 2012] CESAR P. FIANZA, PETITIONER VS. PEOPLE OF THE PHILIPPINES AND COURT OF APPEALS, RESPONDENTS.

  • [G.R. No. 199430 : March 21, 2012] MEINRADO ENRIQUE A. BELLO v. PEOPLE OF THE PHILIPPINES.

  • [G.R. No. 186464 : March 21, 2012] PEOPLE OF THE PHILIPPINES v. PANNER "TOTS" IDAL Y SAMPORNA A.K.A. PANOTOLAN DAUNTE Y SAMPORNA

  • [G.R. No. 171850 : March 21, 2012] EDGARDO BAUTISTA v. ROSITA DEPONIO

  • [G.R. No. 176579 : April 10, 2012] WILSON P. GAMBOA, PETITIONER, VS. FINANCE SECRETARY MARGARITO B. TEVES, ET AL. RESPONDENTS.

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    EN BANC

    [G.R. No. 176579 : April 10, 2012]

    WILSON P. GAMBOA, PETITIONER, VS. FINANCE SECRETARY MARGARITO B. TEVES, ET AL. RESPONDENTS.

    Sirs/Mesdames:

    Please take notice that the Court en banc issued a Resolution dated APRIL 10, 2012, which reads as follows:cralaw

    "G.R. No. 176579 (WILSON P. GAMBOA, petitioner, vs. FINANCE SECRETARY MARGARITO B. TEVES, et al. respondents).

    RESOLUTION

    The Office of the Clerk of Court-En Banc process server reported that upon service of the 6 March 2012 Resolution setting this case for oral argument on 17 April 2012 on petitioner Wilson P. Gamboa, who represented himself, the latter’s son received the Resolution and at the same time informed the process server that petitioner is now deceased.

    It must be noted that petitioner filed a pleading in September 2011, manifesting that he was already very ill and could no longer "perform his duties xxx as his own counsel,” and therefore, he was withdrawing as counsel" and that "a lawyer shall enter his appearance as his counsel of record." Until the present, no new counsel has entered his or her appearance on petitioner's behalf.

    When a party dies during the pendency of a case, such as in this case, Section 16, Rule 3 of the 1997 Revised Rules of Civil Procedure applies, viz

    Sec. 16. Death of party; duty of counsel. - Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action. 

    The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. 

    The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. 

    If no legal representative is named by the counsel, for the deceased party, or if the one so named shall fail to appear within the specified period, the court may order the opposing party, within a specified time, to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs.

    The present action survives or is not extinguished by petitioner's death because what is solely in issue is the definition of the term "capital" in Section 11, Article XII of the 1987 Constitution, which is a purely legal question.[1] Since deceased petitioner represented himself in this case, the Court hereby orders petitioner's heirs to appear and be substituted, if they so desire, within thirty (30) days from receipt of this Resolution pursuant to the above provision.cralaw

    Notably, petitioners-in-intervention Pablito V. Sanidad and Arno V. Sanidad join deceased petitioner's cause of action "in seeking, among others, to enjoin or nullify the sale x x x of the 111,415 Philippine Telecommunications Investment Corporation shares to First Pacific Company Ltd." Petitioners-in-intervention further claim that they have a legal and direct interest in the matter in litigation since they are subscribers, hence also stockholders, of Philippine Long Distance Telephone Company. For these reasons, the Court granted their motion to intervene[2] and in effect, considered petitioners-in-intervention real parties-in-interest.[3]

    WHEREFORE, the Court ORDERS petitioner Wilson P. Gamboa's heirs to inform the Court, within fifteen (15) days from receipt of this Resolution, if they are substituting for the deceased petitioner.

    The Court further NOTES  the 

    (a) Entry of Appearance of Attys. Anthony B. Peralta and Sheryl G. Bartolome of Cochingyan and Peralta Law Offices, Unit 1202, 139 Corporate Center, 139 Valero St., Salcedo Village, Makati City 1227, entering as counsel for petitioners-in-intervention, Pablito V. Sanidad and Arno V. Sanidad; and 

    (b) Manifestation dated March 27, 2012 of Lauro Gamboa, son of the late petitioner Wilson P. Gamboa, No. 3 Hubbard St., Filinvest I, Quezon City."

    Perlas-Bernabe, J., on official leave.

      Very truly yours,

    (Sgd.) ENRIQUETA E. VIDAL
      Clerk of Court

    Endnotes:


    [1] See Cruz v. Cruz, G.R. No. 173292, 1 September 2010, where the Court explained: 

    The criterion for determining whether an action survives the death of a petitioner was elucidated in Bonilla v. Barcena, to wit: 

    The question as to whether an action survives or not depends on the nature of the action and the damage sued for. In the causes of action which survive, the wrong complained [of] affects primarily and principally property and property rights, the injuries to the person being merely incidental, while in the causes of action which do not survive, the injury complained of is to the person, the property and rights of property affected being incidental.

    [2] In the Court's Resolution dated 28 August 2007.

    [3] SEC. 2. Parties in interest. A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest.


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