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Philippine Supreme Court Jurisprudence > Year 2009 > October 2009 Decisions > G.R. No. 114217 & G.R. No. 150797 - Heirs of Jose Sy Bang, Heirs of Julian Sy and Oscar Sy v. Rolando Sy, et al. :




G.R. No. 114217 & G.R. No. 150797 - Heirs of Jose Sy Bang, Heirs of Julian Sy and Oscar Sy v. Rolando Sy, et al.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

[G.R. NO. 114217 : October 13, 2009]

HEIRS OF JOSE SY BANG, HEIRS OF JULIAN SY and OSCAR SY,1 Petitioners, v. ROLANDO SY, ROSALINO SY, LUCIO SY, ENRIQUE SY, ROSAURO SY, BARTOLOME SY, FLORECITA SY, LOURDES SY, JULIETA SY, and ROSITA FERRERA-SY, Respondents.

[G.R. NO. 150797]

ILUMINADA TAN, SPOUSES JULIAN SY AND ROSA TAN, ZENAIDA TAN, and MA. EMMA SY, Petitioners, v. BARTOLOME SY, ROSALINO SY, FLORECITA SY, ROLANDO SY, LOURDES SY, ROSAURO SY, JULIETA SY, and ROSITA FERRERA-SY, Respondents.

D E C I S I O N

NACHURA, J.:

Before this Court are two Petitions for Review on Certiorari under Rule 45 of the Rules of Court. The first Petition, G.R. No. 114217, assails the Decision2 dated May 6, 1993 and the Resolution3 dated February 28, 1994 of the Court of Appeals (CA) in CA-G.R. SP No. 17686. On the other hand, the second Petition, G.R. No. 150797, questions the Decision dated February 28, 2001 and the Resolution dated November 5, 2001 of the CA in CA-G.R. SP No. 46244.

The factual antecedents are as follows:

G.R. No. 114217

On May 28, 1980, respondent Rolando Sy filed a Complaint for Partition against spouses Jose Sy Bang and Iluminada Tan, spouses Julian Sy and Rosa Tan, Zenaida Sy, Ma. Emma Sy, Oscar Sy, Rosalino Sy, Lucio Sy, Enrique Sy, Rosauro Sy, Bartolome Sy, Florecita Sy, Lourdes Sy, Julieta Sy, Rosita Ferrera-Sy, and Renato Sy before the then Court of First Instance of Quezon, Branch 2, docketed as Civil Case No. 8578.4

Respondents Rolando Sy, Rosalino Sy, Lucio Sy, Enrique Sy, Rosauro Sy, Bartolome Sy, Julieta Sy, Lourdes Sy, and Florecita Sy are the children of Sy Bang by his second marriage to respondent Rosita Ferrera-Sy, while petitioners Jose Sy Bang, Julian Sy and Oscar Sy are the children of Sy Bang from his first marriage to Ba Nga, and petitioners Zenaida Tan and Ma. Emma Sy are the children of petitioner spouses Jose Sy Bang and Iluminada Tan.5

Sy Bang died intestate in 1971, leaving behind real and personal properties, including several businesses.6

During an out-of-court conference between petitioners and respondents, it was agreed that the management, supervision or administration of the common properties and/or the entire estate of the deceased Sy Bang shall be placed temporarily in the hands of petitioner Jose Sy Bang, as trustee, with authority to delegate some of his functions to any of petitioners or private respondents. Thus, the function or duty of bookkeeper was delegated by Jose Sy Bang to his co-petitioner Julian Sy, and the duty or function of management and operation of the business of cinema of the common ownership was delegated by petitioner Jose Sy Bang to respondent Rosauro Sy.7

Herein petitioners and respondents also agreed that the income of the three cinema houses, namely, Long Life, SBS and Sy-Co Theaters, shall exclusively pertain to respondents for their support and sustenance, pending the termination of Civil Case No. 8578, for Judicial Partition, and the income from the vast parts of the entire estate and other businesses of their common father, to pertain exclusively to petitioners. Hence, since the year 1980, private respondents, through respondent Rosauro Sy, had taken charge of the operation and management of the three cinema houses, with the income derived therefrom evenly divided among themselves for their support and maintenance.8

On March 30, 1981, the Judge rendered a First Partial Decision based on the Compromise Agreement dated November 10, 1980, submitted in Civil Case No. 8578 by plaintiff Rolando Sy and defendants Jose Sy Bang and Julian Sy. On April 2, 1981, the Judge rendered a Second Partial Decision based on the pretrial order of the court, dated March 25, 1981, entered into by and between respondent Renato Sy and petitioner spouses. Said First Partial Decision and Second Partial Decision had long become final, without an appeal having been interposed by any of the parties.9

On June 8, 1982, the Judge rendered a Third Partial Decision,10 the dispositive portion of which reads as follows:

WHEREFORE, the Court hereby renders this Third Partial Decision:

(a) Declaring that all the properties, businesses or assets, their income, produce and improvements, as well as all the rights, interests or participations (sic) in the names of defendants Jose Sy Bang and his wife Iluminada Tan and their children, defendants Zenaida and Ma. Emma; both surnamed Sy, and defendants Julian Sy and his wife Rosa Tan, as belonging to the estate of Sy Bang, including the properties in the names of said defendants which are enumerated in the Complaints in this case and all those properties, rights and interests which said defendants may have concealed or fraudulently transferred in the names of other persons, their agents or representatives;

(b) Declaring the following as the heirs of Sy Bang, namely: his surviving widow, Maria Rosita Ferrera-Sy and her children, Enrique, Bartolome, Rosalino, Rolando, Rosauro, Maria Lourdes, Florecita and Julieta, all surnamed Sy, and his children by his first wife, namely: Jose Sy Bang, Julian Sy, Lucio Sy, Oscar Sy and Renato Sy;

(c) Ordering the partition of the Estate of Sy Bang among his heirs entitled thereto after the extent thereof shall have been determined at the conclusion of the proper accounting which the parties in this case, their agents and representatives, shall render and after segregating and delivering to Maria Rosita Ferrera-Sy her one-half (1/2) share in the conjugal partnership between her and her deceased husband Sy Bang;

(d) Deferring resolution on the question concerning the inclusion for partition of properties in the names of Rosalino, Bartolome, Rolando and Enrique, all surnamed Sy.

SO ORDERED.

On June 16, 1982, petitioners filed a Motion to Suspend Proceedings and for Inhibition, alleging, among others, that the Judge had patently shown partiality in favor of their co-defendants in the case. This motion was denied on August 16, 1982.11

On July 4, 1982, petitioners filed a Petition for Prohibition and for Inhibition (Disqualification) and Mandamus with Restraining Order with the Supreme Court docketed as G.R. No. 60957. The Petition for Prohibition and for Inhibition was denied, and the Petition for Mandamus with Restraining Order was Noted.12

On August 17, 1982, the Judge issued two Orders: (1) in the first Order,13 Mrs. Lucita L. Sarmiento was appointed as Receiver, and petitioners' Motion for New Trial and/or Reconsideration, dated July 9, 1982 and their Supplemental Motion, dated July 12, 1982, were denied for lack of merit; and (2) in the second Order,14 the Judge ordered the immediate cancellation of the lis pendens annotated at the back of the certificates of title in the names of Bartolome Sy, Rosalino Sy and Rolando Sy.

On August 18, 1982, the trial court approved the bond posted by the receiver, Mrs. Lucita L. Sarmiento, Bartolome Sy, Rolando Sy and Rosalino Sy.15

While the Petition for Mandamus with Restraining Order was pending before the First Division of the Supreme Court, petitioners filed a Petition for Certiorari and Prohibition before the Supreme Court, docketed as G.R. No. 61519. A Temporary Restraining Order was issued on August 31, 1982, to enjoin the Judge from taking any action in Civil Case No. 8578 and, likewise, restraining the effectivity of and compliance with the Resolution dated August 16, 1982, the two Orders dated August 17, 1982, and the Order dated August 18, 1982.

On September 2, 1982, petitioners withdrew their Petition for Mandamus with Restraining Order, docketed as G.R. No. 60957.

On September 11, 1982, an Urgent Manifestation and Motion was filed by Mrs. Lucita L. Sarmiento, the appointed receiver, which was opposed by petitioners on September 24, 1982.16

After several incidents in the case, the Court, on May 8, 1989, referred the petition to the CA for proper determination and disposition.

The CA rendered the assailed Decision17 on May 6, 1993, denying due course to and dismissing the petition for lack of merit. It held that Judge Puno acted correctly in issuing the assailed Third Partial Decision. The CA said that the act of Judge Puno in rendering a partial decision was in accord with then Rule 36, Section 4, of the Rules of Court, which stated that in an action against several defendants, the court may, when a judgment is proper, render judgment against one or more of them, leaving the action to proceed against the others. It found that the judge's decision to defer resolution on the properties in the name of Rosalino, Bartolome, Rolando, and Enrique would not affect the resolution on the properties in the names of Jose Sy Bang, Iluminada, Julian, Rosa, Zenaida, and Ma. Emma, since the properties were separable and distinct from one another such that the claim that the same formed part of the Sy Bang estate could be the subject of separate suits.

The CA also upheld the judge's appointment of a receiver, saying that the judge did so after both parties had presented their evidence and upon verified petition filed by respondents, and in order to preserve the properties under litigation. Further, the CA found proper the order to cancel the notice of lis pendens annotated in the certificates of title in the names of Rosalino, Rolando and Bartolome.

The Motion for Reconsideration was denied on February 28, 1994.18

On April 22, 1994, petitioners filed this Petition for Review on Certiorari under Rule 43 of the Rules of Court.

The Court denied the Petition for non-compliance with Circulars 1-88 and 19-91 for failure of petitioners to attach the registry receipt. Petitioners moved for reconsideration, and the Petition was reinstated on July 13, 1994.

In this Petition for Review, petitioners seek the reversal of the CA Decision and Resolution in CA-G.R. SP No. 17686 and, consequently, the nullification of the Third Partial Decision and orders of the trial court in Civil Case No. 8578. They also pray for the Court to direct the trial court to proceed with the reception of further evidence in Civil Case No. 8578.19 In particular, petitioners allege that the CA decided questions of substance not in accord with law when it upheld the trial court's Third Partial Decision which, they alleged, was rendered in violation of their rights to due process.

Petitioners narrate that the trial court initially gave them two trial days - May 26 and 27, 1982 - to present their evidence. However, at the hearing on May 26, the judge forced them to terminate the presentation of their evidence. On June 2, 1982, following petitioners' submission of additional documentary evidence, the trial court scheduled the case for hearing on June 8 and 9, 1982, at 2 o'clock in the afternoon "in view of the importance of the issue concerning whether all the properties in the names of Enrique Sy, Bartolome Sy, Rosalino Sy, and Rolando Sy and/or their respective wives (as well as those in the names of other party-litigants in this case) shall be declared or included as part of the Estate of Sy Bang, and in view of the numerous documentary evidences (sic) presented by Attys. Raya and Camaligan." At the June 8 hearing, petitioners presented additional evidence. Unknown to them, however, the trial court had already rendered its Third Partial Decision at 11 o'clock that morning. Thus, petitioners argue that said Third Partial Decision is void.20

They also question the trial court's First Order dated August 17, 1982 and Order dated August 18, 1982 granting the prayer for receivership and appointing a receiver, respectively, both allegedly issued without a hearing and without showing the necessity to appoint a receiver. Lastly, they question the Second Order dated August 17, 1982 canceling the notice of lis pendens ex parte and without any showing that the notice was for the purpose of molesting the adverse parties, or that it was not necessary to protect the rights of the party who caused it to be recorded.21

On May 9, 1996, Rosita Ferrera-Sy filed a Motion for Payment of Widow's Allowance. She alleged that her deceased husband, Sy Bang, left an extensive estate. The properties of the estate were found by the trial court to be their conjugal properties. From the time of Sy Bang's death in 1971 until the filing of the motion, Rosita was not given any widow's allowance as provided in Section 3, Rule 83 of the Rules of Court by the parties in possession and control of her husband's estate, or her share in the conjugal partnership.22

In their Comment on the Motion for Payment of Widow's Allowance, petitioners argued that Section 3, Rule 83 of the Rules of Court specifically provides that the same is granted only "during the settlement of the estate" of the decedent, and this allowance, under Article 188 of the Civil Code (now Article 133 of the Family Code), shall be taken from the "common mass of property" during the liquidation of the inventoried properties.23 Considering that the case before the trial court is a special civil action for partition under Rule 69 of the Rules of Court, Rosita is not entitled to widow's allowance.

On September 23, 1996, the Court granted the Motion for Payment of Widow's Allowance and ordered petitioners jointly and severally to pay Rosita P25,000.00 as the widow's allowance to be taken from the estate of Sy Bang, effective September 1, 1996 and every month thereafter until the estate is finally settled or until further orders from the Court.24

In a Manifestation dated October 1, 1996, petitioners informed the Court that Rosita and co-petitioner Enrique Sy had executed a waiver of past, present and future claims against petitioners and, thus, should be dropped as parties to the case.25 Attached thereto was a Sinumpaang Salaysay wherein Rosita and Enrique stated that they were given P1 million and a 229-square meter parcel of land, for which reason they were withdrawing as plaintiffs in Civil Case No. 8578.26

Respondents, except Enrique Sy, filed a Counter-Manifestation and Opposition to Drop Rosita Sy as a Party.27 They said that it would be ridiculous for Rosita to give up her share in Sy Bang's estate, amounting to hundreds of millions of pesos, which had already been ordered partitioned by the trial court, to the prejudice of her seven full-blooded children. They alleged that Rosita was not in possession of her full faculties when she affixed her thumbmark on the Sinumpaang Salaysay considering her age, her frequent illness, and her lack of ability to read or write. Hence, they filed a petition before the Regional Trial Court (RTC) of Lucena City for guardianship over her person and properties. They also alleged that Enrique and some of Jose Sy Bang's children would stealthily visit Rosita in Rosauro's house while the latter was away. On one of those occasions, she was asked to affix her thumbmark on some documents she could not read and knew nothing about. They claim that Rosita has never received a single centavo of the P1 million allegedly given her.

In their Reply to Counter-Manifestation,28 petitioners countered that respondents failed to present any concrete evidence to challenge the Sinumpaang Salaysay. Since the same was duly notarized, it was a public document and presumed valid. They, likewise, alleged that the Counter-Manifestation was filed without Rosita's authorization as, in fact, she had written her counsel with instructions to withdraw said pleading.29 Further, they averred that Rosita executed the Sinumpaang Salaysay while in full possession of her faculties. They alleged that Rosita intended to oppose the petition for guardianship and they presented a copy of a sworn certification from Rosita's physician that "she (Rosita) is physically fit and mentally competent to attend to her personal or business transactions."30

On the other hand, petitioners filed a Motion for Reconsideration of the Court's September 23, 1996 Resolution. It alleged that Rosita and Enrique executed their Sinumpaang Salaysay on August 29, 1996. However, this development was made known to the Court only on October 1, 1996; hence, the Court was not aware of this when it issued its Resolution. Petitioners prayed for the reconsideration of the September 23, 1996 Resolution and dropping Rosita and Enrique as parties to the case.31

In their Opposition to the Motion for Reconsideration, respondents maintained that the Court should not consider the Motion for Reconsideration. Respondents alleged that Rosita thumbmarked the Sinumpaang Salaysay without understanding the contents of the document or the implications of her acts. Respondents also tried to demonstrate that their mother would thumbmark any document that their children asked her to by exhibiting four documents each denominated as Sinumpaang Salaysay and thumbmarked by Rosita. One purported to disown the earlier Sinumpaang Salaysay. The second was a reproduction of the earlier Sinumpaang Salaysay with the amount changed to P100.00, the Transfer Certificate of Title number changed to 12343567, and the size of the property to "as big as the entire Lucena City." The third purported to bequeath her shares in the conjugal partnership of gains to Rosauro, Bartolome, Rolando, and Rosalino, while refusing to give any inheritance to Florecita, Lourdes, Julieta, and Enrique. Lastly, the fourth contradicted the third in that it was in favor of Florecita, Lourdes, Julieta, and Enrique, while disinheriting Rosauro, Bartolome, Rolando, and Rosalino. These, respondents assert, clearly show that their mother would sign any document, no matter the contents, upon the request of any of her children.32

The Court denied the Motion for Reconsideration on November 18, 1996.33

Petitioners filed a Supplement to their Memorandum, additionally arguing that the Third Partial Decision did not only unduly bind the properties without due process, but also ignored the fundamental rule on the indefeasibility of Torrens titles.34

G.R. No. 150797

Meanwhile, on September 30, 1996, respondents filed a Joint Petition for the Guardianship of the Incompetent Rosita Ferrera-Sy before the RTC of Lucena City, Branch 58 (Guardianship court), docketed as Special Proceedings No. 96-34. On May 19, 1997, Rosauro Sy, who sought to be named as the special guardian, filed before the Guardianship court a Motion to Order Court Deposit of Widow's Allowance Ordered by the Supreme Court.35 Then, he filed a Motion before this Court seeking an Order for petitioners to pay Rosita P2,150,000.00 in widow's allowance and P25,000.00 every month thereafter, as ordered by this Court in its September 23, 1996 Resolution. He also prayed for petitioners' imprisonment should they fail to comply therewith.36

On July 8, 1997, the Guardianship court issued an Order, the dispositive portion of which reads:

WHEREFORE, Mr. Jose Sy Bang and his wife Iluminada Tan; and their children, Zenaida Sy and Ma. Emma Sy; and Julian Sy and his wife Rosa Tan, are hereby ordered to deposit to this Court, jointly and severally, the amount of P250,000.00 representing the widow's allowance of the incompetent Rosita Ferrera Sy corresponding the (sic) periods from September 1, 1996 to June 30, 1997, and additional amount of P25,000.00 per month and every month thereafter, within the first ten (10) days of each month.37

Petitioners' Motion for Reconsideration was denied. Rosauro, the appointed guardian, then asked the Guardianship court to issue a writ of execution. Meanwhile, on December 10, 1997, petitioners filed a Petition for Certiorari with the CA docketed as CA-G.R. SP No. 46244 to annul the July 8, 1997 Order and October 9, 1997 Resolution of the Guardianship court.38

In a Decision39 dated February 28, 2001, the CA ruled in respondents' favor, finding "nothing legally objectionable in private respondent Rosauro Sy's filing of the motion to order the deposit of the widow's allowance ordered by the Supreme Court in G.R. No. 114217 or, for that matter, in the public respondent's grant thereof in the order herein assailed. More so, when the public respondent's actions are viewed in the light of the Supreme Court's denial of petitioners' motion for reconsideration of its resolution dated September 23, 1996."40 Thus it held:

WHEREFORE, the petition is DENIED for lack of merit and the assailed resolution dated September 23, 1996 (sic) is AFFIRMED in toto. No pronouncement as to costs.

SO ORDERED.

Their Motion for Reconsideration having been denied on November 5, 2001,41 petitioners filed this Petition for Review42 under Rule 45 of the Rules of Court praying for this Court to reverse the CA's February 28, 2001 Decision and its Resolution denying the Motion for Reconsideration, and to declare the Guardianship court to have exceeded its jurisdiction in directing the deposit of the widow's allowance in Special Proceedings No. 96-34.43 They argued that the Guardianship court's jurisdiction is limited to determining whether Rosita was incompetent and, upon finding in the affirmative, appointing a guardian. Moreover, under Rule 83, Section 3, of the Rules of Court, a widow's allowance can only be paid in an estate proceeding. Even if the complaint for partition were to be considered as estate proceedings, only the trial court hearing the partition case had the exclusive jurisdiction to execute the payment of the widow's allowance.44

They raised the following issues:

The Court of Appeals erred in affirming the Guardianship Court's Order dated 8 July 1997, and Resolution dated 9 October 1997, in that:

I

The trial court, acting as a Guardianship Court, and limited jurisdiction, had no authority to enforce payment of widow's allowance.

II

The payment of widow's allowance cannot be implemented at [the] present because the estate of Sy Bang - the source from which payment is to be taken - has not been determined with finality.

III

The Order of the trial court purporting to enforce payment of widow's allowance unduly modified the express terms of this Honorable Court's Resolution granting it.45

Petitioners, likewise, question the Guardianship court's omission of the phrase "to be taken from the estate of Sy Bang" from the July 8, 1997 Order. They interpreted this to mean that the Guardianship court was ordering that the widow's allowance be taken from their own properties and not from the estate of Sy Bang - an "undue modification" of this Court's September 23, 1996 Resolution.46

On January 21, 2002, the Court resolved to consolidate G.R. No. 114217 and G.R. No. 150797. The parties submitted their respective Memoranda on May 21, 2003 and June 19, 2003, both of which were noted by this Court in its August 11, 2003 Resolution.

Pending the issuance of this Court's Decision in the two cases, respondent Rosauro Sy filed, on November 11, 2003, a Motion to Order Deposit in Court of Supreme Court's Ordered Widow's Allowance Effective September 23, 1996 and Upon Failure of Petitioners Julian Sy, et al. to Comply Therewith to Order Their Imprisonment Until Compliance. He alleged that his mother had been ill and had no means to support herself except through his financial assistance, and that respondents had not complied with this Court's September 23, 1996 Resolution, promulgated seven years earlier.47 He argued that respondents' defiance constituted indirect contempt of court. That the Guardianship court had found them guilty of indirect contempt did not help his mother because she was still unable to collect her widow's allowance.48

Petitioners opposed said Motion arguing that the estate from which the widow's allowance is to be taken has not been settled. They also reiterated that Rosita, together with son Enrique, had executed a Sinumpaang Salaysay waiving all claims against petitioners. Hence, there was no legal ground to cite them in contempt.49

On April 4, 2005, this Court granted Rosauro's Motion, to wit:

WHEREFORE, the Court finds and so holds petitioner Iluminada Tan (widow of deceased petitioner Jose Sy Bang), their children and co-petitioners Zenaida Sy, Ma. Emma Sy, Julian Sy and the latter's wife Rosa Tan, GUILTY of contempt of this Court and are collectively sentenced to pay a FINE equivalent to ten (10%) percent of the total amount due and unpaid to Rosita Ferrera-Sy by way of a widow's allowance pursuant to this Court's Resolution of September 13, 1996, and accordingly ORDERS their immediate imprisonment until they shall have complied with said Resolution by paying Rosita Ferrera-Sy the amount of TWO MILLION SIX HUNDRED THOUSAND ONE HUNDRED PESOS (P2,600,100.00), representing her total accumulated unpaid widow's allowance from September, 1996 to April, 2005 at the rate of TWENTY-FIVE THOUSAND PESOS (P25,000.00) a month, plus six (6%) percent interest thereon. The Court further DIRECTS petitioners to faithfully pay Rosita Ferrera-Sy her monthly widow's allowance for the succeeding months as they fall due, under pain of imprisonment.

This Resolution is immediately EXECUTORY.

SO ORDERED.50

Iluminada, Zenaida and Ma. Emma paid the court fine of P260,010.00 on April 5, 2005.51

Respondents, except Rosauro Sy (who had died), filed a Motion for Execution52 before this Court on April 25, 2005. On the other hand, petitioner Rosa Tan filed a Motion for Reconsideration with Prayer for Clarification.53 She alleged that, in accordance with Chinese culture, she had no participation in the management of the family business or Sy Bang's estate. After her husband's death, she allegedly inherited nothing but debts and liabilities, and, having no income of her own, was now in a quandary on how these can be paid. She asked the Court to consider that she had not disobeyed its Resolution and to consider her motion.

Other petitioners, Iluminada, Zenaida and Ma. Emma, also filed a Motion for Reconsideration with Prayer for Clarification.54 They stressed that the P1 million and the piece of land Rosita had already received from Jose Sy Bang in 1996 should form part of the widow's allowance. They also argued that whatever allowance Rosita may be entitled to should come from the estate of Sy Bang. They further argued the unfairness of being made to pay the allowance when none of them participated in the management of Sy Bang's estate; Zenaida and Ma. Emma being minors at the time of his death, while Iluminada and Rosa had no significant role in the family business.

Respondents then filed a Motion for Issuance of Order Requiring Respondents to Deposit with the Supreme Court's Cashier its Ordered Widow's Allowance55 and a Motion for Execution of Resolution dated April 4, 2005.56 Petitioners opposed the same.57

On July 25, 2005, the Court issued a Resolution granting both of respondents' motions and denying petitioners' motion for reconsideration.58

Petitioners Iluminada, Zenaida and Ma. Emma filed, on August 15, 2005, a Manifestation of Compliance and Motion for Clarification.59 They maintained that the issues they had raised in the motion for reconsideration had not been duly resolved. They argued that when this Court issued its September 23, 1996 Resolution, it was not yet aware that Rosita had executed a Sinumpaang Salaysay, wherein she waived her claims and causes of action against petitioners. They also informed this Court that, on April 17, 1998, the Guardianship court had issued an Order which recognized a "temporary agreement" based on the voluntary offer of Jose Sy Bang of a financial assistance of P5,000.00 per month to Rosita while the case was pending. Moreover, as a manifestation of good faith, petitioners Iluminada, Zenaida and Ma. Emma paid the P430,000.00 out of their own funds in partial compliance with the Court's Resolution. However, the same did not in any way constitute a waiver of their rights or defenses in the present case. They underscored the fact that the allowance must come from the estate of Sy Bang, and not from Jose Sy Bang or any of the latter's heirs, the extent of which remained undetermined. They further asked the Court to adjudicate the liability for the widow's allowance to be equally divided between them and the other set of petitioners, the heirs of Julian Sy.

On August 30, 2005, respondents filed a motion asking this Court to issue an Order for the immediate incarceration of petitioners for refusing to comply with the Court's resolution.60 They aver that the period within which petitioners were to comply with the Court's Resolution had now lapsed, and thus, petitioners must now be incarcerated for failure to abide by said Resolution. They likewise asked the Court to refer petitioners' counsel, Atty. Vicente M. Joyas, to the Integrated Bar of the Philippines (IBP) for violations of the Canons of Professional Responsibility or to declare him in contempt of court. They alleged that despite the finality of the Court's denial of petitioners' motion for reconsideration, Atty. Joyas still filed a Manifestation with compliance arguing the same points. Further, Atty. Joyas is not petitioners' counsel of record in this case since he never formally entered his appearance before the Court.61

In a Resolution dated September 14, 2005, the Court denied the motion to refer Atty. Joyas to the IBP for being a wrong remedy.62

Petitioners Iluminada, Zenaida and Ma. Emma then filed an Omnibus Motion,63 seeking an extension of time to comply with the Court's Resolution and Motion to delete the penalty of "fine" as a consequence of voluntary compliance. They insist that their compliance with the order to pay the widow's allowance should "obliterate, expunge, and blot out" the penalty of fine and imprisonment. They alleged that for their failure to comply with this Court's Resolution, the RTC, Lucena City, found them guilty of indirect contempt and imposed on them a fine of P30,000.00. They had appealed said order to the CA.

They also tried to make a case out of the use of the terms "joint and several" in the September 23 Resolution, and "collectively" in the April 5, 2005 Resolution. They argued that "joint and several" creates individual liability for each of the parties for the full amount of the obligation, while "collectively" means that all members of the group are responsible together for the action of the group. Hence, "collectively" would mean that the liability belongs equally to the two groups of petitioners. They requested for an additional 60 days to raise the necessary amount. They also asked the Court to hold their imprisonment in abeyance until their "just and reasonable compliance" with the Court's orders.

Barely a month later, petitioners, through their new counsel, filed another Manifestation stressing that Sy Bang's marriage to Rosita Ferrera is void. They claimed that respondents have falsified documents to lead the courts into believing that Rosita's marriage to Sy Bang is valid.

The Omnibus Motion was denied in a Resolution dated October 17, 2005. Thereafter, respondents filed a Motion to Immediately Order Incarceration of Petitioners,64 which petitioners opposed.65

In a Resolution dated December 12, 2005,66 the Court issued a Warrant of Arrest67 against petitioners and directed the National Bureau of Investigation (NBI) to detain them until they complied with this Court's April 4, 2005 and July 25, 2005 Resolutions.

Petitioner Rosa Tan filed a Manifestation with Motion.68 She informed the Court that, to show that she was not obstinate and contumacious of the Court and its orders, she had begged and pleaded with her relatives to raise money to comply, but concedes that she was only able to raise a minimal amount since she has no source of income herself and needs financial support to buy her food and medicines. She obtained her brother's help and the latter issued six checks in the total amount of P650,000.00. She also alleged that she was not informed by her husband's counsel of the developments in the case, and remained unconsulted on any of the matters or incidents of the case. She reiterated that she had no participation in the management of the Sy Bang estate and received nothing of value upon her husband's death. She prayed that the Court would not consider her failure to raise any further amount as contempt or defiance of it's orders.

The motion was denied in a Resolution dated January 16, 2006.

In an Urgent Manifestation of Compliance with the Contempt Resolutions with Payment of Widow's Allowance with Prayer Reiterating the Lifting of Warrant of Arrest on Humanitarian Grounds,69 petitioners Iluminada, Zenaida and Ma. Emma asked the Court to delete the penalty of indefinite imprisonment considering their partial compliance and the partial compliance of Rosa Tan. They expressed willingness to deposit the widow's allowance with the Supreme Court's Cashier pending the determination of Sy Bang's estate. They reasoned that the money to be deposited is their own and does not belong to Sy Bang's estate. The deposit is made for the sole purpose of deleting the penalty of indefinite imprisonment. They claim that they are not willfully disobeying the Court's order but are merely hesitating to comply because of pending incidents such as the falsification charges against Rosita, the resolution of the partition case, the Sinumpaang Salaysay executed by Rosita, and the pendency of Rosita's guardianship proceedings, as well as humanitarian considerations. Thus, they prayed for the Court to reconsider the order of contempt and to recall the warrant of arrest.

On February 15, 2006, this Court issued a Resolution70 lifting the warrant of arrest on petitioners Iluminada, Zenaida, Ma. Emma, and Rosa Tan on the condition that they issue the corresponding checks to settle the accrued widow's allowance of Rosita Ferrera-Sy. They were also directed to submit proof of their compliance to the Court within ten (10) days from notice.

In a Manifestation71 dated February 28, 2006, petitioners Iluminada, Zenaida and Ma. Emma informed the Court that they had deposited the checks in favor of Rosita with the RTC, Lucena City, Branch 58, during the proceedings on February 28, 2006.72

Respondents filed a Comment to the Manifestation arguing that the deposit of said checks, amounting to P1,073,053.00, does not amount to full compliance with the Court's order considering that the accrued widow's allowance now amounted to P4,528,125.00.???�r?bl?�


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  • A.M. No. 09-3-50-MCTC - Re: Dropping from the rolls of Ms. Gina P. Fuentes, Court stenographer I, Municipal Circuit Trial Court, Mabini, Compostela Valley

  • A.M. No. 2007-08-SC - In Re: Fraudulent release of retirement benefits of Judge Jose C. Lantin, former Presiding Judge, Municipal Trial Court, San Felipe, Zambales

  • A.M. No. P-09-2620 Formerly OCA IPI No. 07-2517-P - Angelita I. Dontogan v. Mario Q. Pagkanlungan, Jr.

  • A.M. No. P-07-2385 Formerly OCA I.P.I No. 07-2556-P - Judge Jacinto C. Gonzales v. Clerk of Court and City Sheriff Alexander C. Rimando, et al.

  • A.M. No. P-07-2415 Formerly A.M. No. 07-10-279-MCTC - Office of the Court Administrator v. Alfredo Manasan, Clerk of Court II, MCTC, Orani-Samal, Bataan

  • A.M. No. P-08-2567 Formerly OCA I.P.I. No. 99-670-P and A.M. NO. P-08-2568 Formerly OCA I.P.I No. 99-753-P - Joana Gilda L. Leyrit, et al. v. Nicolasito S. Solas, Clerk of Court IV, Municipal Trial Court in Cities (MTCC), Iloilo City

  • A.M. No. P-08-2569 - Judge Rene B. Baculi v. Clemente U. Ugale

  • A.M. No. P-09-2625 - Elisa C. Ruste v. Cristina Q. Selma

  • A.M. No. P-09-2670 Formerly A.M. OCA IPI No. 09-3051-P] - Office of the Administrative Services (OAS) - Office of the Court Administrator (OCA) v. Rodrigo C. Calacal, Utility Worker 1, Municipal Circuit Trial Court, (MCTC), Alfonso Lista-Aguinaldo, Ifugao

  • A.M. No. RTJ-03-1781 and A.M. No. RTJ-03-1782 - State Prosecutor Emmanuel Y. Velasco v. Hon. Erasto D. Salcedo, (Ret.) Presiding Judge, Regional Trial Court of Tagum City, Davao Del Norte, Branch 31

  • A.M. No. RTJ-09-2204 Formerly A.M. OCA IPI No. 04-2137-RTJ - Juan Pablo P. Bondoc v. Judge Divina Luz P. Aquino-Simbulan, etc.

  • G.R. No. 114217 & G.R. No. 150797 - Heirs of Jose Sy Bang, Heirs of Julian Sy and Oscar Sy v. Rolando Sy, et al.

  • G.R. No. 151903 - Manuel Go Cinco and Araceli S. Go Cinco v. Court of Appeals, et al.

  • G.R. No. 152006 - Montano Pico and Rosita Pico v. Catalina Adalim-Salcedo and Urbano Salcedo

  • G.R. No. 152319 - Heirs of the late Joaquin Limense v. Rita vda. De Ramos, et al.

  • G.R. No. 153653 - San Miguel Bukid Homeowners Association, Inc., etc. v. City of Mandaluyong, etc., et al.

  • G.R. No. 153820 - Delfin Tan v. Erlinda C. Benolirao, Andrew C. Benolirao, Romano C. Benolirao, Dion C. Benolirao, Sps. Reynaldo Taningco and Norma D. Benolirao, Evelyn T. Monreal and Ann Karina Taningco

  • G.R. No. 153923 - Spouses Tomas F. Gomez, et al. v. Gregorio Correa, et al.

  • G.R. No. 155622 - Dotmatrix Trading as represented by its proprietos, namely Romy Yap Chua. Renato Rollan and Rolando D. Cadiz

  • G.R. No. 154117 - Ernesto Francisco, Jr. v. Ombudsman Aniano A. Desierto, et al.

  • G.R. No. 155716 - Rockville Excel International Exim Corporation v. Spouses Oligario Culla and Bernardita Miranda

  • G.R. No. 156981 - Arturo C. Cabaron and Brigida Cabaron v. People of the Philippines, et al.

  • G.R. No. 158467 - Spouses Joel and Marietta Marimla v. People of the Philippines, et al.

  • G.R. No. 158734 - Roberto Alba'a, et al. v. Pio Jude Belo, et al.

  • G.R. No. 158885 and G.R. NO. 170680 - Fort Bonifacio Development Corporation v. Commissioner of Internal Revenue, et al.

  • G.R. No. 160236 - ''G'' Holdings, Inc. v. National Mines and Allied Workers Union Locan 103 (NAMAWU), Sheriffs Richard H. Aprosta and Alberto Munoz, all acting sheriffs, Department of Labor and Employment, Region VI, Bacolod District Office, Bacolod City

  • G.R. No. 160409 - Land Center Construction and Development Corporation v. V.C. Ponce, Co., Inc. and Vicente C. Ponce

  • G.R. No. 160708 - Patronica Ravina and Wilfredo Ravina v. Mary Ann P. Villa Abrille, for behalf of Ingrid D'Lyn P. Villa Abrille, et al.

  • G.R. No. 161952 - Arnel Sagana v. Richard A. Francisco

  • G.R. No. 162095 - Ibex International, Inc. v. Government Service Insurance System, et al.

  • G.R. No. 162473 - Spouses Santiago E. Ibasco and Milagros D. Ibasco, et al. v. Private Development Corporation of the Philippines, et al.

  • G.R. No. 162474 - Hon. Vicente P. Eusebio, et al. v. Jovito M. Luis, et al.

  • G.R. No. 163033 - San Miguel Corporation v. Eduardo L. Teodosio

  • G.R. No. 163209 - Spouses Prudencio and Filomena Lim v. Ma. Cheryl S. Lim, for herself and on behalf of her minor children Lester Edward S. Lim, Candice Grace S. Lim, and Mariano S. Lim, III

  • G.R. NOS. 164669-70 - Liezl Co v. Harold Lim y Go and Avelino uy Go

  • G.R. No. 165332 - Republic of the Philippines v. Yang Chi Hao

  • G.R. No. 165544 - Romeo Samonte v. S.F. Naguiat, Inc.

  • G.R. No. 165679 - Engr. Apolinario Due as v. Alice Guce-Africa

  • G.R. No. 166383 - Associated Bank v. Spouses Justiniano S. Montano, Sr. and Ligaya Montano, et al.

  • G.R. No. 166508 - National Home Mortgage Finance Corporation v. Mario Abayari, et al.

  • G.R. No. 167764 - Vicente,Jr. and Danny G. Fajardo v. People of the Philippines

  • G.R. No. 168061 - Bank of the Philippine Islands v. Teofilo Icot, et al.

  • G.R. No. 168324 - Metro Costruction, Inc. and Dr. John Lai v. Rogelio Aman

  • G.R. No. 169541 - German Cayton, et al. v. Zeonnix Trading Corporation, et al.

  • G.R. No. 169554 - Nieva M. Manebo v. SPO1 Roel D. Acosta, et al.

  • G.R. NOS. 170122 and G.R. NO. 171381 - Clarita Depakakibo Garcia v. Sandiganbayan and Republic of the Philippines

  • G.R. No. 170525 - Baron Republic Theatrical Major Cinema, et al. v. Normita P. Peralta and Edilberto H. Aguilar

  • G.R. No. 170540 - Eufemia vda. De Agatep v. Roberta L. Rodriguez, et al.

  • G.R. No. 170738 - Rizal commercial Banking Corporation v. Marcopper Mining Corporation

  • G.R. No. 170790 - Angelito Colmenares v. Hand Tractor Parts and Agro-Industrial Corp.

  • G.R. No. 170925 - Rodolfo A. Aspillaga v. Aurora A. Aspillaga

  • G.R. No. 171088 - People of the Philippines v. Leonard L. Bernardino alias Onat

  • G.R. No. 171175 - People of the Philippines v. Arturo F. Duca

  • G.R. No. 171587 - Eastern Shipping Lines, Inc. v. Ferrer D. Antonio

  • G.R. No. 171832 - Antipolo Properties, Inc. (now Prime East Properties, Inc.) v. Cesar Nuyda

  • G.R. No. 172013 - Patricia Halague a, et al. v. Philippine Airlines, Inc.

  • G.R. No. 172077 - Bicol Agro-Industrial Producers Cooperative, inc. (BAPCI) v. Edmundo O. Obias, et al.

  • G.R. No. 172359 - China Banking Corporation v. The Commsissioner of Internal Revenue

  • G.R. No. 172710 - People of the Philippines v. Alberto Buban

  • G.R. No. 172885 - Manuel Luis S. Sanchez v. Republic of the Philippines, Represented by the Department of Education, Culture and Sports

  • G.R. No. 172925 - Government Service Insurance System v. Jaime Ibarra

  • G.R. No. 172986 - Arnulfo A. Aguilar v. Court of Appeals, Civil Service Commission and Commission on Elections

  • G.R. No. 173615 - Philippine National Bank v. Cayetano A. Tejano, Jr.

  • G.R. No. 173923 - Pedro Mago (deceased), represented by his spouse Soledad Mago, et al. v. Juana Z. Barbin

  • G.R. No. 173990 - Edgardo V. Estarija v. People of the Philippines, represented by Solicitor General and Edwin Ranada

  • G.R. No. 174451 - Veronica Cabacungan Alcazar v. Rey C. Alcazar

  • G.R. No. 174477 - People of the Philippines v. Renato Bracia

  • G.R. No. 174497 - Heirs of Generoso Sebe, et al. v. Heirs of Veronico Sevilla, et al.

  • G.R. No. 174642 - Dominador C. Villa v. Government Service Insurance System, (GSIS), represented by Angelina A. Patino, Fielf Office Manager, GSIS, Dinalupihan, Bataan Branch, and/or Winston F. Garcia, President and General Manager, GSIS

  • G.R. No. 174859 - People of the Philippines v. Jofer Tablang

  • G.R. No. 175317 - People of the Philippines v. Cristino Ca'ada

  • G.R. No. 175399 - Ophelia L. Tuatis v. Spouses Eliseo Escol and Visminda Escol, et al.

  • G.R. No. 175644 and G.R. No. 175702 - Department of Agrarian Reform, rep. OIC-Secretary Nasser C. Pangandaman v. Jose Marie Rufino, et al.

  • G.R. No. 175855 - Celebes Japan Foods Corp. (etc.) v. Susan Yermo, et al.

  • G.R. No. 176070 - People of the Philippines v. Anton Madeo

  • G.R. No. 176527 - People of the Philippines v. Samson Villasan y Banati

  • G.R. No. 176566 - Eliseo Eduarte Coscolla v. People of the Philippines

  • G.R. No. 176863 - Gregorio Destreza v. Atty. Ma. Garcia Ri oza-Plazo, et al.

  • G.R. No. 176933 - The People of the Philippines v. Luis Plaza y Bucalon

  • G.R. No. 177024 - The Heritage Hotel Manila (Owned and operated by Grand Plaza Hotel Corp.) v. Pinag-isang galing and lakas ng mga manggagawa sa Heritage Manila (Piglas-Heritage)

  • G.R. No. 177113 - Sta. Lucia Realty & Development, Inc. v. Spouses Francisco & Emelia Buenaventura, as represented by Ricardo Segismundo

  • G.R. No. 177710 - Sps. Ramon Lequin and Virgina Lequin v. Sps. Raymundo Vizconde, et al.

  • G.R. No. 177809 - Spouses Omar and Moshiera Latip v. Rosalie Pala'a Chua

  • G.R. No. 178083 - Flight Attendants and Stewards Association of the Philippines (FASAP) v. Philippine Airlines, Inc.

  • G.R. No. 178229 - Miguel A. Pilapil, et al. v. C. Alcantara & Sons, Inc., et al.

  • G.R. No. 178199 - People of the Philippines v. Yoon Chang Wook

  • G.R. No. 178429 - Jose C. Go v. Bangko Sentral ng Pilipinas

  • G.R. No. 179063 - Commissioner of Internal Revenue v. United Coconut Planters Bank

  • G.R. No. 178479 - Metropolitan Bank & Trust Co. v. Nikko Sources International Corp. and Supermax Philippines, Inc.

  • G.R. No. 179507 - Eats-Cetera Food Services Outlet and/or Serafin Remirez v. Myrna B. Letran, et al.

  • G.R. No. 179537 - Philippine Economic Zone Authority v. Edison (Bataan) CoGeneration Corporation

  • G.R. No. 179714 - People of the Philippines v. Rodolfo Lopez

  • G.R. No. 179748 - People of the Philippines v. Feblonelybirth T. Rubio and Joan T. Amaro

  • G.R. No. 179756 - Rizal Commercial Banking Corporation v. Royal Cargo Corporation

  • G.R. No. 179931 - People of the Philippines v. Nida Adeser y Rico

  • G.R. No. 180421 - People of the Philippines v. Domingo Alpapara, Pedro Alpapara, Alden Paya, Mario Bicuna

  • G.R. No. 180718 - Henlin Panay Company and/or Edwin Francisco/Angel Lazaro III v. National Labor Relations Commission and Nory A. Bolanos

  • G.R. No. 180778 - Rural Bank of Dasmari as v. Nestor Jarin, Apolinar Obispo, and Vicente Garcia in his capacity as Register of Deeds of the Province of Cavite

  • G.R. No. 180803 - Land Bank of the Philippines v. J. L. Jocson and Sons

  • G.R. No. 181085 - People of the Philippines v. Nemesio Aburque

  • G.R. No. 181206 - Megaworld Globus Asia, Inc. v. Mila S. Tanseco

  • G.R. No. 181232 - Joseph Typingco v. Lina Lim, Jerry Sychingco, et al.

  • G.R. No. 181528 - Hector T. Hipe v. Commssion on Elections and Ma. Cristina L. Vicencio

  • G.R. No. 181559 - Leah M. Nazareno, et al. v. City of Dumaguete, et al.

  • G.R. NOS. 181562-63 and G.R. NO. 181583-84 - City of Cebu v. Spouses Ciriaco and Arminda Ortega

  • G.R. No. 181744 - The People of the Philippines v. Roy Bacus

  • G.R. No. 181869 - Ismunlatip H. Suhuri v. The Honorable Commssion on Elections (En Banc), The Municipal Board of Canvassers of Patikul, Sulu and Kabir E. Hayundini

  • G.R. No. 181969 - Romago, Inc. v. Siemens Building Technologies, Inc.

  • G.R. No. 182065 - Evelyn Ongsuco and Antonia Salaya v. hon. Mariano M. Malones, etc.

  • G.R. No. 182259 - Dionisio Ignacio, et al. v. People of the Philippines

  • G.R. No. 182499 - Concepcion Faeldonia v. Tong Yak Groceries, et al.

  • G.R. No. 182673 - Aqualab Philippines, Inc. v. Heirs of Marcelino Pagobo, et al.

  • G.R. No. 182836 - Continental Steel Manufacturing Corporation v. Hon. Accredited Voluntary Arbitrator Allan S. Montano, et al.

  • G.R. No. 183322 - Gov. Antonio P. Calingin v. Civil Service Commission and Grace L. Anayron

  • G.R. No. 183606 - Charlie T. Lee v. Rosita Dela Paz

  • G.R. No. 183619 - People of the Philippines v. Salvino Sumingwa

  • G.R. No. 184645 - Jose T. Barbieto v. Hon. Court of Appeals, et al.

  • G.R. No. 184702 - People of the Philippines v. Christopher Talita

  • G.R. No. 184778 - Bangko Sentral ng Pilipinas Monetary Board and Chuci Fonancier v. Hon. Nina G. Antonio-Valenzuela, etc., et al.

  • G.R. No. 184792 - People of the Philippines v. Alfredo Dela Cruz y Miranda, alias "DINDONG"

  • G.R. No. 184874 - Robert Remiendo y Siblawan v. The People of the Philippines

  • G.R. No. 184957 - People of the Philippines v. grace Ventura y Natividad

  • G.R. No. 185066 - Philippine Charter Insurance Corporation v. Philippine National Construction Corporation

  • G.R. No. 185159 - Subic Telecommunications Company, Inc. v. Subic Bay Metropolitan Authority and Innove Communications, Inc.

  • G.R. No. 185251 - Raul G. Locsin and Eddie B. Tomaquin v. Philippine Long Distance Telephone Company

  • G.R. No. 185261 - Wallem Maritime Services, Inc. and Scandic Shipmanagement Limited v. Eriberto S. Bultron

  • G.R. No. 185285 - People of the Philippines v. Paul Alipio

  • G.R. No. 185726 - People of the Philippines v. Darwin Bernabe y Garcia

  • G.R. No. 186001 - Antonio Cabador v. People of the Philippines

  • G.R. No. 186006 - Norlainie Mitmug Limbona v. Commssion on Elections and Malik "Bobby" T. Alingan

  • G.R. No. 186101 - Gina A. Domingo v. People of the Philippines

  • G.R. No. 186119 - People of the Philippines v. Pablo Lusabio, Jr. y vergara, Tomasito De Los Santos and John Doe (Accused)

  • G.R. No. 186139 - People of the Philippines v. Leonardo Rusiana y Broquel

  • G.R. No. 186201 - Carmelinda C. Barror v. The Commission on Elections, et al.

  • G.R. No. 186233 - Peopel of the Philippines v. Romeo Satonero @ Ruben

  • G.R. No. 186380 - People of the Philippines v. Manuel Resurreccion

  • G.R. No. 186390 - People of the Philippines v. Rosemarie R. Salonga

  • G.R. No. 186418 - People of the Philippines v. Alfredo, Jr. a.k.a. Jun Lazaro y Aquino

  • G.R. No. 186566 - Rep. Luis R. Villafuerte, et al. v. Gov. Oscar S. Moreno, et al.

  • G.R. No. 187074 - People of the Philippines v. Allan Del Prado y Cahusay

  • G.R. No. 187084 - People of the Philippines v. Carlito Pabol

  • G.R. No. 187428 - Eugenio T. Revilla, Sr. v. The Commission on Elections and Gerardo L. Lanoy

  • G.R. No. 187531 - People of the Philippines v. Elmer Peralta y Hidalgo

  • G.R. No. 188308 - Joselito R. Mendoza v. Commission on Elections and Roberto M. Pagdanganan

  • G.R. No. 188742 - Superlines Transportation Company, Inc. v. Eduardo Pinera

  • G.R. No. 188961 - Air France Philippines/KLM Air France v. John Anthony De Camilis

  • G.R. No. 189303 - People of the Philippines v. Felix Casas Perez