Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2010 > December 2010 Decisions > A.M. No. P-05-2003 (Formerly A.M. OCA IPI No. 97-218-P) : December 6, 2010 GERMAN AGUNDAY, Complainant, v. LEMUEL B. VELASCO, Deputy Sheriff, Office of the Clerk of Court, Regional Trial Court, Virac, Catanduanes, Respondent.:




THIRD DIVISION

A.M. No. P-05-2003 (Formerly A.M. OCA IPI No. 97-218-P) : December 6, 2010

GERMAN AGUNDAY, Complainant, v. LEMUEL B. VELASCO, Deputy Sheriff, Office of the Clerk of Court, Regional Trial Court, Virac, Catanduanes, Respondent.

D E C I S I O N

BRION, J.:

We resolve as an administrative matter the affidavit-complaint,1cralawdated October 21, 1996, of German Agunday (complainant) charging Clerk of Court VI Prospero V. Tablizo, Deputy Sheriff Lemuel B. Velasco, Process Server Valentin Gonzales and Court Aide Isidro Guerrero, all from the Regional Trial Court (RTC) of Virac, Catanduanes, with grave misconduct, gross ignorance of the law, and incompetence.

This case traces its roots from a civil case (for recovery of ownership and possession with damages) filed by Lope Panti, Sr. and Francisca Panti (plaintiffs) before the RTC, Branch 43, Virac, Catanduanes, against the complainant (therein defendant). The RTC decided in favor of the plaintiffs. The dispositive portion of this decision reads:chanroblesvirtuallawlibrary

WHEREFORE, judgment is hereby rendered:chanroblesvirtuallawlibrary

(1) Declaring Transfer Certificate of Title No. 3892 in the name of plaintiff Francisca Panti valid;

(2) Ordering defendant to vacate that portion of subject lot equivalent to 23.1357 square meters of the 56.4737 he actually occupies on Lot C-1 immediately adjoining the area actually occupied by plaintiffs;

(3) Ordering plaintiffs to reconvey to defendant 13.3380 square meters of the land erroneously included in Transfer Certificate of Title No. 3892.

The parties� mutual claim for damages and attorney�s fees is denied.

Costs against both parties.2cralaw

The complainant appealed to the Court of Appeals (CA), with the appeal docketed as CA-G.R. CV No. 37494. The CA, in its decision of August 9, 1995, modified the RTC decision, as follows:chanroblesvirtuallawlibrary

THE FOREGOING CONSIDERED, the appealed decision is hereby modified: plaintiff is directed to reconvey to the defendant/appellant an area measuring 13.38 square meters.3cralaw

In his affidavit-complaint, the complainant alleges that Tablizo, as Clerk of Court and Ex-Officio Provincial Sheriff, issued, on July 9, 1996, a writ of execution and possession which varied the terms of the dispositive portion of the CA decision. Pursuant to this writ, Velasco, Gonzales and Guerrero, in conspiracy with the plaintiffs, caused the demolition of his (Agunday�s) house without first notifying him or his brother-in-law, Santos Burce. Velasco, Gonzales and Guerrero allegedly effected the demolition without coordinating with the barangay officials and the Municipal Engineering Office, and without securing a writ of demolition from the RTC. The complainant further claims that Velasco, Gonzales and Guerrero did not prevent the plaintiffs from taking his personal belongings from the demolished house.

The complainant maintains that the 13.38-square meter land subject of the modified CA decision has not been reconveyed to him. Velasco, however, made it appear in the Certificate of Turn-Over of Real Estate Property Ownership dated August 21, 1996, that the 13.38-square meter lot had already been turned over to him (complainant).

Velasco and Gonzales filed their respective comments to the complaint. Guerrero filed a counter-affidavit, while Tablizo filed an answer. They all denied the charges made against them in the affidavit-complaint.

In his reply to the comment, the complainant maintains that the respondent, Tablizo, Guerrero and Gonzales conspired with the plaintiffs in effecting the demolition of his house. He claims they did not do anything to prevent the demolition despite the absence of an order of demolition from the RTC.

In our Resolution dated October 12, 1998,4cralawwe referred the case to Executive Judge Alfredo A. Cabral of the RTC of San Jose, Camarines Sur, for investigation, report and recommendation. Judge Cabral sought a reconsideration of this resolution, citing, among others, his heavy caseload.

In our Resolution dated October 6, 1999,5cralawwe granted Judge Cabral�s request, and referred the case to the Executive Judge of the RTC of Tabaco City, Albay. Executive Judge Cesar Bordeos recommended the dismissal of the case due to the complainant�s failure to appear at the hearing. The Court, in its Resolution of October 17, 2001,6cralawordered Judge Bordeos to conduct a more �earnest and exhaustive fact-finding investigation� of the case.

Due to Judge Bordeos� retirement, we designated Executive Judge Arnulfo B. Cabredo of the RTC, Tabaco City, to continue with the investigation of the case.7cralawJudge Cabredo, however, was dismissed from the service due to misconduct; thus, we referred the case to Executive Judge Virginia G. Almonte of the RTC, Branch 17, Tabaco City.

In her Investigation Report dated November 27, 2003, Judge Almonte found Velasco to be remiss and negligent in the performance of his duties as sheriff for his failure to implement the writ of execution. She recommended that Velasco be fined P10,000.00 for his infraction. She, however, recommended the dismissal of the charges against Tablizo, Gonzales, and Guerrero for lack of merit.

In our Resolution of January 21, 2004, we noted Judge Almonte�s Investigation Report. We, thereafter, referred the case to the Office of the Court Administrator (OCA) for evaluation, report and recommendation.

The OCA, in its Memorandum dated April 4, 2005, made the following recommendations:chanroblesvirtuallawlibrary

1. this case be RE-DOCKETED as a regular administrative matter;

2. the complaint against respondents Prospero V. Tablizo, Valentin Gonzales and Isidro Guerrero be DISMISSED for lack of merit;

3. respondent Sheriff Lemuel B. Velasco be FOUND GUILTY of Neglect of Duty and be accordingly FINED in the amount of Ten Thousand Pesos (P10,000.00); and

4. the Fiscal Management Office, Office of the Court Administrator, be DIRECTED to IMMEDIATELY RELEASE the withheld amount of P20,000.00 to Valentin Gonzales.

The OCA held that the evidence does not show that Tablizo, Guerrero and Gonzales had a hand in the demolition of the complainant�s house. Lope Panti, Sr., the plaintiff in Civil Case No. 1528, admitted that the demolition of complainant�s house was through his own act and initiative. Tablizo, Guerrero and Gonzales only learned of the demolition from the complainant�s cousin when the demolition was almost complete. The OCA added that Velasco even directed Lope to stop the demolition since the same was illegal. Lope initially complied, but continued with the demolition after the respondent, Tablizo, Guerrero and Gonzales had left.

The OCA, nonetheless, found Velasco liable for neglect of duty for his failure to reconvey the 13.38 square meters of the subject property to the complainant. The OCA reasoned out that for a period of eight years, more or less, the complainant had been deprived of his right to enjoy the 13.38-square meter portion of the subject lot that had been adjudged by the CA to belong to him.

As regards the charge that Tablizo issued a writ of execution and possession that varied the terms of the dispositive portion of the CA decision, the OCA held that the issue is a judicial matter which should have been raised in an appropriate judicial proceeding.

In our Resolution of April 27, 2005, we resolved to adopt the OCA�s recommendations. Accordingly, we dismissed the complaint against Tablizo, Gonzales, and Guerrero for lack of merit. Thereafter, Velasco manifested that he is submitting the case for resolution on the basis of the pleadings/records filed and submitted.

THE COURT�S RULING

We agree with the OCA that Velasco is administratively liable for neglect of duty. We, however, modify the penalty imposed on him.

Velasco not involved in the demolition

We concur with the OCA�s finding that Velasco did not have a hand in the demolition of the complainant�s house. Lope himself admitted in his affidavit, dated March 18, 1997, that he alone ordered the demolition of the complainant�s house. Lope�s court testimony likewise shows that Velasco had no participation in the demolition, thus:chanroblesvirtuallawlibrary

ATTY. DOTE:chanroblesvirtuallawlibrary

Q: Where were you on July 22, 1996 at about 4:00 o�clock (sic) in the afternoon?

WITNESS:chanroblesvirtuallawlibrary

A: At my store.

Q: While at your store[,] what happened, if any?

A: On July 22, 1996[,] at about 4:00 o�clock (sic) in the afternoon[,] I was in the store and Mr. Lemuel Velasco came over to that store and told me or asked me if I was already prepared to make the survey and that the survey will be done tomorrow morning.

Q: What did you do after Lemuel Velasco told you that the area is to be surveyed?

A: After that I told my son Leopoldo to prepare and get some workers for the survey, to remove the house of Mr. German Agunday because it will be an obstacle in the survey.

Q: Why did you tell your son to demolish the house which according to you, will be an obstacle to the conduct of the survey?

A: Because Mr. Velasco told me that there will be a survey.

Q: Do you know that the survey that will be conducted is to determine whether the house of Mr. Agunday is encroaching upon your lot?

A: The house is encroaching on my lot.

Q: You mean to say that you know already that the house has encroached upon your lot?

A: Because before we had a case between us. I already procured the services of a private surveyor.

Q: You mean to say that you did not wait for the Sheriff to tell you that the house of Mr. Agunday will be removed because it was occupying part of your lot?

A: No, I did not wait for the Sheriff because I already know that it was encroaching.

x x x x

Q: x x x After the demolition, what happened next?

A: Lemuel Velasco came over.

Q: Who was with him?

A: I do not know the names of those who were with him?

x x x x

Q: When Lemuel Velasco arrived, what did he do, if any?

A: He told us to stop the demolition which we were doing.

Q: And what did you do when you were told to stop?

A: Because the demolition was already about to be finished so we stopped and we took a rest but when Mr. Velasco left, we continued with the demolition.8cralaw

These exchanges clearly establish that Velasco was not in any way involved in the demolition of the complainant�s house; Lope alone ordered the demolition of the complainant�s house. Velasco, in fact, only arrived on the scene when the demolition was almost finished. Velasco even ordered Lope and his men to stop the demolition. We, thus, find no basis to support the complainant�s claim that Velasco conspired with the plaintiffs, Tablizo, Guerrero and Gonzales to effect the demolition of his house.

Velasco liable for neglect of duty

We, nonetheless, hold Velasco liable for his failure to reconvey the 13.38 square meters of the subject property to the complainant. We find no merit in his excuse that his failure to implement the writ of execution and possession was due to the complainant�s refusal to sign the Certificate of Turn-Over of Real Estate Property Ownership.

The records disclose that when Velasco received the writ of execution and possession, he saw the need for a relocation survey in order to determine the 13.38 square meters that must be reconveyed to the complainant. He informed Lope of the need for a relocation survey, and left to him the hiring of the surveyor. Lope hired a surveyor and ordered him (surveyor) to conduct a relocation survey. Thereafter, Lope ordered the demolition of the complainant�s house based on the result of the relocation survey that the house was encroaching on.

As the implementing sheriff, it was Velasco�s duty to inform both Lope and the complainant regarding the need for a relocation survey, to ensure that the relocation survey would be witnessed by all the parties concerned. He has to personally supervise the conduct of the relocation survey, and not delegate this duty to one of the interested parties. More importantly, he should have requested the surveyor, during the survey, to point to the complainant the exact metes and bounds of the property to be reconveyed to him. As explained by Judge Almonte in her Investigation Report:chanroblesvirtuallawlibrary

Velasco can not deliver the portion of the lot decreed for Agunday by merely making him sign the Certificate of Turn-Over of Real Estate Property Ownership that he prepared. There should be an actual delivery, pointing to Agunday the metes and bounds of the 13.38 square meters pursuant to the survey plan prepared by the surveyor. Also, the relocation survey should have been conducted in the presence of both parties in Civil Case No. 1528, possibly assisted by their counsel. The particular surveyor should have been the choice of both and not the unilateral preference of one party. Velasco, as the implementing Sheriff had to supervise the conduct of the relocation survey. x x x

It appears, however, that it was only Lope Panti who was informed by the Sheriff about the need for the relocation survey and he left it to the former, the hiring of a surveyor. The survey was then conducted on July 23, 1996[,] right after the house was demolished and this was without the direct supervision of Velasco. Agunday was not present. Yet on the basis of the results of the survey, Velasco prepared the Certificate of Turn-Over of Real Estate Property Ownership (Exh. 1-I). Agunday, however, did not sign the certificate. Thereafter, Velasco filed in Court a Sheriff Partial Return of Writ of Execution, indicating, among others, that Agunday �did not recognize� the survey made by Engr. Fernando Asuncion and the area of 13.38 square meters was not officially reconveyed to him (Exh. 1-H).9cralaw

We cannot, therefore, fault the complainant for refusing to recognize the results of the relocation survey. As earlier discussed, he was not informed by Velasco regarding the need for a relocation survey. Neither did he witness the relocation survey. In addition, the surveyor was hired by Lope, and the survey was done at the latter�s instance. These circumstances rendered the integrity of the survey highly suspect.

Velasco also failed to comply with Section 14, Rule 39 of the Rules of Court. Under this Rule, the lifetime of a writ of execution is without limit for as long as the judgment has not been satisfied, but is �returnable to the court issuing it immediately after the judgment has been satisfied in part or in full. If the judgment cannot be satisfied in full within thirty (30) days after his receipt of the writ, the officer shall report to the court and state the reason therefore.� The officer is mandated to �make a report to the court every thirty (30) days on the proceedings taken thereon until judgment is satisfied in full, or its effectivity expires.�10cralaw

In the present case, the RTC issued a writ of execution and possession on July 9, 1996. Velasco submitted the Sheriff�s Partial Return of Writ of Execution on August 23, 1996. However, nothing in the records shows that he made periodic reports to the court, every 30 days, on the proceedings taken thereon, until the judgment was fully satisfied.

A sheriff�s duty in the execution of a writ issued by a court is purely ministerial. When a writ is placed in the hands of a sheriff, it is his duty, in the absence of instructions, to proceed with reasonable celerity and promptness to execute it according to its mandate.11cralawSheriffs must exert every effort to see to it that the final stage in the litigation process � the execution of a judgment � is carried out in order to ensure a speedy and efficient administration of justice. A decision left unexecuted or indefinitely delayed due to their inefficiency renders it useless. Worse, the parties prejudiced by the inaction tend to condemn the entire judicial system for the lapse.12cralaw

Velasco�s failure to implement the writ of execution and possession, as well as to submit the required periodic report, shows his lack of diligence and zeal in the performance of his duties. By his actuations, Velasco displayed conduct short of the stringent standards required of Court employees. We, thus, find him liable for simple neglect of duty, which has been defined as the failure of an employee to give one�s attention to a task expected of him, signifying a disregard of duty resulting from carelessness or indifference. Under Section 52(B)(1) of the Uniform Rules on Administrative Cases in the Civil Service, simple neglect of duty is a less grave offense punishable by suspension from office for one (1) month and one (1) day to six (6) months for the first offense, and dismissal for the second offense.13cralaw

In Pesongco v. Estoya,14cralawwe found the respondent sheriff guilty of neglect of duty and suspended him for one (1) month for his failure to fully implement the writ of execution, and for his failure to make periodic reports to the court. Likewise, in Reyes v. Cabusao,15cralawwe imposed a one-month suspension on the respondent sheriff for his delay in the implementation of the writ of execution.

While the recommended penalty of one-month suspension is reasonable, the same is not practical at this point, considering that Velasco�s work would be left unattended by reason of his absence.Instead of suspension, we impose a fine equivalent to his one-month salary, so that he can finally implement the subject writ and perform the other duties of his office.16cralaw

WHEREFORE, respondent Sheriff Lemuel B. Velasco is found guilty of simple neglect of duty and is FINED in an amount equivalent to his salary for one (1) month. He is warned that the commission of the same offense or a similar act in the future will be dealt with more severely. Let a copy of this decision be attached to his personal record.

SO ORDERED.

ARTURO D. BRION
Associate Justice

WE CONCUR:

CONCHITA CARPIO MORALES
Associate Justice
Chairperson

LUCAS P. BERSAMIN
Associate Justice

MARTIN S. VILLARAMA, JR.
Associate Justice

MARIA LOURDES P.A. SERENO
Associate Justice




cralaw Endnotes:

1cralawRollo, pp. 2-3.

2cralawId. at 7-8.

3cralawId. at 101-102.

4cralawId. at 57.

5cralawId. at 73.

6cralawId. at 126.

7cralawId. at 128.

8cralawTSN, September 26, 2003, pp. 43-47.

9cralawInvestigation Report, p. 19.

10cralawSee Pesongco v. Estoya, A.M. No. P-06-2131 [formerly OCA I.P.I. No. 05-7-2132-P], March 10, 2006, 484 SCRA 239, 250.

11cralawSee Zarate v. Judge Untalan, 494 Phil. 208 (2005).

12cralawSee Aquino v. Martin, 458 Phil. 76 (2003).

13cralawSee Calo v. Dizon, A.M. No. P-07-2359 [formerly OCA I.P.I. No. 05-2304-P], August 11, 2008, 561 SCRA 517, 533.

14cralawSupra note 10.

15cralawA.M. No. P-03-1676 [formerly OCA I.P.I. No. 02-1266-P], July 15, 2005, 463 SCRA 433.

16cralawSee Mari�as v. Florendo, A.M. No. P-07-2304, February 12, 2009, 578 SCRA 502.




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  • [G.R. No. 183709, December 06 : 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. MANUEL "AWIL" POJO, APPELLANT.

  • [G.R. No. 191998, December 07 : 2010] WALDEN F. BELLO AND LORETTA ANN P. ROSALES, PETITIONERS, VS. COMMISSION ON ELECTIONS, RESPONDENT. [G.R. NO. 192769] LIZA L. MAZA AND SATURNINO C. OCAMPO, PETITIONERS, VS. COMMISSION ON ELECTIONS AND JUAN MIGUEL "MIKEY" ARROYO, RESPONDENTS. [G.R. NO. 192832] BAYAN MUNA PARTY-LIST, REPRESENTED BY TEODORO CASINO, PETITIONER, VS. COMMISSION ON ELECTIONS AND JUAN MIGUEL "MIKEY" ARROYO OF ANG GALING PINOY PARTY-LIST, RESPONDENTS.

  • [A.M. No. P-09-2638 (Formerly A.M. No. 09-4-68-MTC), December 07 : 2010] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JULIET C. BANAG, CLERK OF COURT AND MS. EVELYN R. GALVEZ, INTERPRETER AND FORMER OFFICER-IN-CHARGE CLERK OF COURT, BOTH OF THE MUNICIPAL TRIAL COURT, PLARIDEL, BULACAN, RESPONDENTS.

  • [G.R. No. 178652, December 08 : 2010] SPOUSES REVELO VILLAMAR AND CORAZON PENULIAR- VILLAMAR, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A. M. No. P-10-2825 : December 07, 2010] DEVELOPMENT BANK OF THE PHILIPPINES, REPRESENTED BY ATTY. BENILDA A. TEJADA, PETITIONER, VS. CLERK OF COURT VI LUNINGNING Y. CENTRON AND SHERIFF IV ALEJANDRO L. TOBILLO, REGIONAL TRIAL COURT, BRANCH 39, CALAPAN CITY, ORIENTAL MINDORO, RESPONDENTS.

  • [G.R. No. 168325 : December 08, 2010] ROBERTO D. TUAZON, PETITIONER, VS. LOURDES Q. DEL ROSARIO-SUAREZ, CATALINA R. SUAREZ-DE LEON, WILFREDO DE LEON, MIGUEL LUIS S. DE LEON, ROMMEL LEE S. DE LEON, AND GUILLERMA L. SANDICO-SILVA, AS ATTORNEY-IN-FACT OF THE DEFENDANTS, EXCEPT LOURDES Q. DEL ROSARIO-SUAREZ, RESPONDENTS.

  • [G.R. No. 183824 : December 08, 2010] MYRNA P. ANTONE, PETITIONER, VS. LEO R. BERONILLA, RESPONDENT.

  • [G.R. No. 174006 : December 08, 2010] BANK OF COMMERCE AND STEPHEN Z. TAALA, PETITIONERS, VS. SPOUSES ANDRES AND ELIZA FLORES, RESPONDENTS.

  • [G.R. No. 185371 : December 08, 2010] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. METRO STAR SUPERAMA, INC., RESPONDENT.

  • [G.R. No. 179948 : December 08, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EMINIANO BARCELA Y MEDINA, APPELLANT.

  • [G.R. No. 188855 : December 08, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RUEL TAMANO Y PASIA, ACCUSED-APPELLANT.

  • [G.R. No. 188855 : December 08, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RUEL TAMANO Y PASIA, ACCUSED-APPELLANT.

  • [G.R. No. 178774 : December 08, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. MARLYN P. BACOS, APPELLANT.

  • [A.M. No. RTJ-06-1999 (FORMERLY OCA IPI NO. 03-1903-RTJ) : December 08, 2010] BANGKO SENTRAL NG PILIPINAS, COMPLAINANT, VS. EXECUTIVE JUDGE ENRICO A. LANZANAS, REGIONAL TRIAL COURT, BRANCH 7, MANILA, CLERK OF COURT JENNIFER DELA CRUZ-BUENDIA AND DEPUTY SHERIFF CARMELO V. CACHERO, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, MANILA, RESPONDENTS.

  • [G.R. No. 170729 : December 08, 2010] ENRIQUE AGRAVIADOR Y ALUNAN, PETITIONER, VS. ERLINDA AMPARO-AGRAVIADOR AND REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 168840 : December 08, 2010] ENRIQUE MIGUEL L. LACSON, PETITIONER, VS. MJ LACSON DEVELOPMENT COMPANY, INC., RESPONDENT.

  • [G.R. No. 190231 : December 08, 2010] ASIA UNITED BANK AND ABRAHAM CO, PETITIONERS, VS. GOODLAND COMPANY, INC., RESPONDENT.

  • [A.M. No. RTJ-10-2253 (FORMERLY A.M. OCA IPI NO. 02-1557-RTJ) : December 08, 2010] ATTY. PERSEVERANDA L. RICON, CLERK OF COURT, REGIONAL TRIAL COURT, BRANCH 39, MANILA, COMPLAINANT, VS. JUDGE PLACIDO C. MARQUEZ, REGIONAL TRIAL COURT, BRANCH 40, MANILA, RESPONDENT. [A.M. NO. P-06-2138 (FORMERLY A.M. OCA IPI NO. 05-2208-P)] JUDGE PLACIDO C. MARQUEZ, COMPLAINANT, VS. ATTY. PERSEVERANDA L. RICON, RESPONDENT.

  • [G.R. No. 172316 : December 08, 2010] SPOUSES JOSE CHUA AND MARGARITA CHUA, PETITIONERS, VS. THE HONORABLE PEDRO GUTIERREZ, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 119, REGIONAL TRIAL COURT, PASAY CITY, PEDRO A. ABADILLA, IN HIS CAPACITY AS SHERIFF IV OF BRANCH 119, REGIONAL TRIAL COURT, PASAY CITY, AND TAN TEK SING, A.K.A. PETER TAN, RESPONDENTS.

  • [G.R. No. 189366 : December 08, 2010] PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, PETITIONER, VS. EUSEBIO M. HONRADO, RESPONDENT.

  • [G.R. No. 172139 : December 08, 2010] JOCELYN M. TOLEDO, PETITIONER, VS. MARILOU M. HYDEN, RESPONDENT.

  • [G.R. No. 186027 : December 08, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. MERLYN MERCADERA THROUGH HER ATTORNEY-IN-FACT, EVELYN M. OGA, RESPONDENT.

  • [G.R. No. 169718 : December 13, 2010] DANTE HERNANDEZ DATU, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. Nos. 163293 & 163297 : December 13, 2010] EQUITABLE PCI BANK (NOW BANCO DE ORO UNIBANK, INC.), PETITIONER, VS. CASTOR A. DOMPOR, RESPONDENT.

  • [G.R. No. 192187 : December 13, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALEX LINGASA, JORGE BI-AY, AND "JOHN DOE," ACCUSED, ELISEO BI-AY, JR. Y SARINTAS ALIAS "GIDEON," ACCUSED-APPELLANT.

  • [G.R. No. 191366 : December 13, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARNOLD MARTINEZ Y ANGELES, EDGAR DIZON Y FERRER, REZIN MARTINEZ Y CAROLINO, AND RAFAEL GONZALES Y CUNANAN, ACCUSED-APPELLANTS.

  • [G.R. No. 164695 : December 13, 2010] HEIRS OF JOSE BARREDO, NAMELY, LOLITA BARREDO, ANNALIZA BARREDO AND MARICHU BARREDO-EPE, REPRESENTED BY MARICHU BARREDO-EPE, PETITIONERS, VS. LAVOISER BESAÑES, RESPONDENT.

  • [G.R. No. 168692 : December 13, 2010] FRANCISCO TAYCO, SUBSTITUTED BY LUCRESIA TAYCO AND NOEL TAYCO, PETITIONERS, VS. HEIRS OF CONCEPCION TAYCO-FLORES, NAMELY: LUCELI F. DIAZ, RONELE F. BESA, MONELE FLORES, PERLA FLORES, RUPERTO FLORES, WENCESLAO FLORES, PURISIMA FLORES, AND FELIPE FLORES, RESPONDENTS.

  • [G.R. Nos. 170542-43 : December 13, 2010] ANTONIO A. ABOC, PETITIONER, VS. METROPOLITAN BANK AND TRUST COMPANY, RESPONDENT. [G.R. No. 176460] METROPOLITAN BANK AND TRUST COMPANY, PETITIONER, VS. ANTONIO A. ABOC, RESPONDENT.

  • [G.R. No. 177779 : December 14, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. FELIPE NACHOR Y OMAYAN, APPELLANT.

  • [A. M. No. P-10-2833 : December 14, 2010] RETIRED EMPLOYEE, MUNICIPAL TRIAL COURT, SIBONGA, CEBU, COMPLAINANT, VS. MERLYN G. MANUBAG, CLERK OF COURT II, MUNICIPAL TRIAL COURT, SIBONGA, CEBU, RESPONDENT.

  • [A.M. No. 09-5-2-SC : December 14, 2010] IN THE MATTER OF THE BREWING CONTROVERSIES IN THE ELECTION IN THE INTEGRATED BAR OF THE PHILIPPINES, [A.C. NO. 8292] ATTYS. MARCIAL M. MAGSINO, MANUEL M. MARAMBA AND NASSER MAROHOMSALIC, COMPLAINANTS, VS. ATTYS. ROGELIO A. VINLUAN, ABELARDO C. ESTRADA, BONIFACIO T. BARANDON, JR., EVERGISTO S. ESCALON AND RAYMUND JORGE A. MERCADO, RESPONDENTS.

  • [G.R. No. 149548 : December 14, 2010] ROXAS & COMPANY, INC., PETITIONER, VS. DAMBA-NFSW AND THE DEPARTMENT OF AGRARIAN REFORM, RESPONDENTS. [G.R. NO. 167505] DAMAYAN NG MGA MANGGAGAWANG BUKID SA ASYENDA ROXAS-NATIONAL FEDERATION OF SUGAR WORKERS (DAMBA-NFSW), PETITIONER, VS. SECRETARY OF THE DEPT. OF AGRARIAN REFORM, ROXAS & CO., INC. AND/OR ATTY. MARIANO AMPIL, RESPONDENTS. [G.R. NO. 167540] KATIPUNAN NG MGA MAGBUBUKID SA HACIENDA ROXAS, INC. (KAMAHARI), ET AL., PETITIONERS, VS. SECRETARY OF THE DEPT. OF AGRARIAN REFORM, ROXAS & CO., INC., RESPONDENTS. [G.R. NO. 167543] DEPARTMENT OF LAND REFORM, FORMERLY DEPARTMENT OF AGRARIAN REFORM (DAR), PETITIONER, VS.ROXAS & CO, INC., RESPONDENT. [G.R. NO. 167845] VS. ROXAS & CO., INC., PETITIONER, VS. DAMBA-NFSW, RESPONDENT. [G.R. NO. 169163] DAMBA-NFSW REPRESENTED BY LAURO V. MARTIN, PETITIONER, VS. ROXAS & CO., INC., RESPONDENT. [G.R. NO. 179650] DAMBA-NFSW, PETITIONER, VS. ROXAS & CO., INC., RESPONDENT.

  • [G.R. No. 178030 : December 15, 2010] PHILIPPINE FISHERIES DEVELOPMENT AUTHORITY (PFDA), PETITIONER, VS. CENTRAL BOARD OF ASSESSMENT APPEALS, LOCAL BOARD OF ASSESSMENT APPEALS OF LUCENA CITY, CITY OF LUCENA, LUCENA CITY ASSESSOR AND LUCENA CITY TREASURER, RESPONDENTS.

  • [G.R. No. 189841 : December 15, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EFREN DITONA Y MONTEFALCON, BERNARD FERNANDEZ AND ERNESTO EMNAS, ACCUSED. EFREN DITONA Y MONTEFALCON, APPELLANT.

  • [G.R. No. 188560 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RICKY ALFREDO Y NORMAN, ACCUSED-APPELLANT.

  • [G.R. No. 188901 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GILBERT CASTRO Y AGUILAR, ACCUSED-APPELLANT.

  • [G.R. No. 189776 : December 15, 2010] AMELIA P. ARELLANO, REPRESENTED BY HER DULY APPOINTED GUARDIANS, AGNES P. ARELLANO AND NONA P. ARELLANO, PETITIONER, VS. FRANCISCO PASCUAL AND MIGUEL PASCUAL, RESPONDENTS.BR

  • [G.R. No. 149433 : December 15, 2010] THE COCA-COLA EXPORT CORPORATION, PETITIONER, VS. CLARITA P. GACAYAN, RESPONDENT.

  • [G.R. No. 182147 : December 15, 2010] ARNEL U. TY, MARIE ANTONETTE TY, JASON ONG, WILLY DY, AND ALVIN TY, PETITIONERS, VS. NBI SUPERVISING AGENT MARVIN E. DE JEMIL, PETRON GASUL DEALERS ASSOCIATION, AND TOTALGAZ DEALERS ASSOCIATION, RESPONDENTS.

  • [G.R. No. 177355 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MONTANO FLORES Y PARAS, ACCUSED-APPELLANT.

  • [G.R. No. 152086 : December 15, 2010] FEDERICO SORIANO, CIPRIANO BAUTISTA, JOSE TORALBA, CILODONIO TANTAY, MARIANO BRAVO, ROLANDO TORALBA, FAUSTINO BRAVO, CRISTINA TORALBA, BENJAMIN LACAYANGA, ROSALIA TANTAY, GABRIEL DELA VEGA, ROGELIO BRAVO, AND ROMEO TANTAY, REPRESENTED BY THEIR ATTORNEY-IN-FACT, TEODORICO GAMBA, PETITIONERS, VS. ANA SHARI B. BRAVO, REBECCA BENITO, JOHN MEJIA, MILA BRAVO, BENITO BRAVO, ERNESTO BRAVO, JOSE ISRAEL BRAVO, JUANA BRAVO, DARAB CENTRAL, AND THE HON. COURT OF APPEALS, FORMER FIFTH DIVISION, RESPONDENTS.

  • [A.M. No. RTJ-06-2015 (Formerly OCA I.P.I. No. 05-2348-RTJ) : December 15, 2010] ATTY. NORLINDA R. AMANTE-DESCALLAR, PETITIONER, VS. HON. REINERIO (ABRAHAM) B. RAMAS, RESPONDENT.

  • [G.R. No. 162575 : December 15, 2010] BEATRIZ SIOK PING TANG, PETITIONER, VS. SUBIC BAY DISTRIBUTION, INC., RESPONDENT.

  • [G.R. No. 172841 : December 15, 2010] RENATO REYES, REPRESENTED BY RAMON REYES, PETITIONER, VS. LEOPOLDO BARRIOS, SUBSTITUTED BY LUCIA MANALUS-BARRIOS, RESPONDENT.

  • [G.R. No. 179395 : December 15, 2010] MAXWELL HEAVY EQUIPMENT CORPORATION, PETITIONER, VS. ERIC UYCHIAOCO YU, RESPONDENT.

  • [A.M. No. P-07-2383 : December 15, 2010] CRISPIN SARMIENTO, COMPLAINANT, VS. LUISITO P. MENDIOLA, SHERIFF III, METROPOLITAN TRIAL COURT, BRANCH 20, MANILA, RESPONDENT.

  • [G.R. No. 167363 : December 15, 2010] SEALOADER SHIPPING CORPORATION, PETITIONER, VS. GRAND CEMENT MANUFACTURING CORPORATION, JOYCE LAUNCH & TUG CO., INC., ROMULO DIANTAN & JOHNNY PONCE, RESPONDENTS. [G.R. NO. 177466] TAIHEIYO CEMENT PHILIPPINES, INC. (FORMERLY GRAND CEMENT MANUFACTURING CORPORATION), PETITIONER, VS. SEALOADER SHIPPING CORPORATION, JOYCE LAUNCH & TUG CO., INC., ROMULO DIANTAN & JOHNNY PONCE, RESPONDENTS.

  • [G.R. No. 149261 : December 15, 2010] AZUCENA B. CORPUZ, PETITIONER, VS. ROMAN G. DEL ROSARIO, RESPONDENT.

  • [G.R. No. 174833 : December 15, 2010] MYRNA P. MAGANA, PETITIONER, VS. MEDICARD PHILIPPINES, INC., AND COURT OF APPEALS, RESPONDENTS.

  • [G.R. No. 182229 : December 15, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JUN-JUN ASUELA, APPELLANT.

  • [G.R. No. 165266 : December 15, 2010] AIR FRANCE, PETITIONER, VS. BONIFACIO H. GILLEGO, SUBSTITUTED BY HIS SURVIVING HEIRS REPRESENTED BY DOLORES P. GILLEGO, RESPONDENT.

  • [A.M. No. P-10-2753 [FORMERLY A.M. OCA IPI NO. 09-3088-P] : December 15, 2010] DONNABELLE D. RUBEN, COMPLAINANT, VS. RAMIL L. ABON, UTILITY WORKER I, RESPONDENT,

  • [G.R. No. 157852 : December 15, 2010] HEIRS OF DOMINGO VALIENTES, PETITIONERS, VS. HON. REINERIO (ABRAHAM) B. RAMAS, ACTING PRESIDING JUDGE, RTC, BRANCH 29, 9TH JUDICIAL REGION, SAN MIGUEL, ZAMBOANGA DEL SUR AND VILMA V. MINOR, RESPONDENTS.

  • [G.R. No. 173326 : December 15, 2010] SOUTH COTABATO COMMUNICATIONS CORPORATION AND GAUVAIN J. BENZONAN, PETITIONERS, VS. HON. PATRICIA A. STO. TOMAS, SECRETARY OF LABOR AND EMPLOYMENT, ROLANDO FABRIGAR, MERLYN VELARDE, VINCE LAMBOC, FELIPE GALINDO, LEONARDO MIGUEL, JULIUS RUBIN, EDEL RODEROS, MERLYN COLIAO AND EDGAR JOPSON, RESPONDENTS.

  • [G.R. No. 173081 : December 15, 2010] ERNESTO MARCELO, JR. AND LAURO LLAMES, PETITIONERS, VS. RAFAEL R. VILLORDON, ASSISTANT CITY PROSECUTOR OF QUEZON CITY, RESPONDENT.

  • [G.R. No. 180979 : December 15, 2010] NATIONAL POWER CORPORATION, PETITIONER, VS. TERESITA DIATO-BERNAL, RESPONDENT.

  • [G.R. No. 182645 : December 15, 2010] IN THE MATTER OF THE HEIRSHIP (INTESTATE ESTATES) OF THE LATE HERMOGENES RODRIGUEZ, ANTONIO RODRIGUEZ, MACARIO J. RODRIGUEZ, DELFIN RODRIGUEZ, AND CONSUELO M. RODRIGUEZ AND SETTLEMENT OF THEIR ESTATES, RENE B. PASCUAL, PETITIONER, VS. JAIME M. ROBLES, RESPONDENT.

  • [G.R. No. 173798 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RENE CELOCELO, ACCUSED-APPELLANT.

  • [G.R. No. 171717 : December 15, 2010] RAMON B. BRITO, SR., PETITIONER, VS. SEVERINO D. DIANALA, VIOLETA DIANALA SALES, JOVITA DIANALA DEQUINTO, ROSITA DIANALA, CONCHITA DIANALA AND JOEL DEQUINTO, RESPONDENTS.BR>

  • [A.C. No. 7907 : December 15, 2010] SPOUSES VIRGILIO AND ANGELINA ARANDA, PETITIONERS, VS. ATTY. EMMANUEL F. ELAYDA, RESPONDENT.

  • [G.R. No. 184177 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ANDRES C. FONTILLAS ALIAS "ANDING," ACCUSED-APPELLANT.

  • [G.R. No. 188637 : December 15, 2010] ARNALDO G. GABUNAS, SR., PETITIONER, VS. SCANMAR MARITIME SERVICES INC., MR. VICENTE BRILLANTES AND IUM SHIP MANAGEMENT, RESPONDENTS.

  • [G.R. Nos. 169965-66 : December 15, 2010] CARLOS V. VALENZUELA, PETITIONER, VS. CALTEX PHILIPPINES, INC., RESPONDENT.

  • [G.R. Nos. 169965-66 : December 15, 2010] CARLOS V. VALENZUELA, PETITIONER, VS. CALTEX PHILIPPINES, INC., RESPONDENT.

  • [G.R. No. 174570 : December 15, 2010] ROMER SY TAN, PETITIONER, VS. SY TIONG GUE, FELICIDAD CHAN SY, SY CHIM, SY TIONG SAN, SY YU BUN, SY YU SHIONG, SY YU SAN, AND BRYAN SY LIM, RESPONDENTS.

  • [G.R. No. 182367 : December 15, 2010] CHERRYL B. DOLINA, PETITIONER, VS. GLENN D. VALLECERA, RESPONDENT.

  • [G.R. No. 189301 : December 15, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSE PEPITO D. COMBATE A.K.A. "PEPING," ACCUSED-APPELLANT.

  • [G.R. No. 186091 : December 15, 2010] EMMANUEL BABAS, DANILO T. BANAG, ARTURO V. VILLARIN, SR., EDWIN JAVIER, SANDI BERMEO, REX ALLESA, MAXIMO SORIANO, JR., ARSENIO ESTORQUE, AND FELIXBERTO ANAJAO, PETITIONERS, VS. LORENZO SHIPPING CORPORATION, RESPONDENT

  • [G.R. No. 152423 : December 15, 2010] SPOUSES MARCOS R. ESMAQUEL AND VICTORIA SORDEVILLA, PETITIONERS, VS. MARIA COPRADA, RESPONDENT.

  • [G.R. No. 174251 : December 15, 2010] RAUL PALOMATA, PETITIONER, VS. NESTOR COLMENARES AND TERESA GURREA, RESPONDENTS.

  • [G.R. No. 175595 : July 28, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. TEDDY MAGAYON, ACCUSED-APPELLANT.